The art of rhetoric, with A discourse of the laws of England by Thomas Hobbes of Malmesbury.
         Art of rhetoric
         Hobbes, Thomas, 1588-1679.
      
       
         
           1681
        
      
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             The art of rhetoric, with A discourse of the laws of England by Thomas Hobbes of Malmesbury.
             Art of rhetoric
             Hobbes, Thomas, 1588-1679.
          
           [6], 168, 208 p.
           
             Printed for William Crooke ...,
             London :
             1681.
          
           
             "A dialogue between a phylosopher and a student, of the common-laws of England" has separate collation.
             "The art of rhetorick plainly set forth, with pertinent examples" (p. [135]-168) has special t.p.
             Reproduction of original in British Library.
          
        
      
    
     
       
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         eng
      
       
         
           Rhetoric -- Early works to 1800.
           Oratory -- Early works to 1800.
           Law -- Great Britain -- History.
        
      
    
     
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           THE
           ART
           OF
           Rhetoric
           ,
           WITH
           A
           DISCOURSE
           OF
           The
           Laws
           of
           England
           .
        
         
           By
           
             Thomas
             Hobbes
          
           of
           Malmesbury
           .
        
         
           
             Dent
             Vmbrae
             tenuem
             Divi
             &
             sine
             pondere
             terram
             ,
          
           
             Spirantesque
             crocos
             &
             in
             urnâ
             perpetuum
             ver
             .
          
        
         
           LONDON
           ,
           Printed
           for
           
             William
             Crooke
          
           at
           the
           Green
           Dragon
           without
           Temple-Bar
           ,
           1681.
           
        
      
       
         
         
         
           TO
           THE
           READER
           .
        
         
           ALtho
           these
           pieces
           may
           appear
           fully
           to
           express
           their
           own
           real
           intrinsic
           value
           ,
           as
           bearing
           the
           Image
           and
           Inscription
           of
           that
           great
           Man
           Mr.
           Hobbes
           ;
           yet
           since
           common
           usage
           has
           rendred
           a
           Preface
           to
           a
           Book
           as
           necessary
           as
           a
           Porch
           to
           a
           Church
           ,
           and
           that
           in
           all
           things
           some
           Ceremonies
           cannot
           be
           avoided
           ,
           Mode
           and
           Custom
           in
           this
           point
           is
           dutifully
           to
           be
           obeyed
           .
        
         
           That
           they
           are
           genuine
           ,
           credible
           testimony
           might
           be
           produced
           ;
           did
           not
           the
           peculiar
           fineness
           of
           thought
           and
           expression
           ,
           and
           a
           constant
           undaunted
           resolution
           of
           maintaining
           his
           own
           Opinions
           sufficiently
           ascertain
           their
           Author
           .
           Besides
           which
           ,
           they
           are
           now
           Publish'd
           from
           his
           own
           true
           Copies
           ,
           
           an
           advantage
           which
           some
           of
           his
           works
           have
           wanted
           .
        
         
           The
           first
           of
           them
           ,
           being
           an
           abridgement
           containing
           the
           most
           useful
           part
           of
           Aristotle's
           Rhetoric
           ,
           was
           written
           some
           thirty
           years
           since
           .
           Mr.
           Hobbes
           in
           his
           Book
           of
           
             Humane
             Nature
          
           had
           already
           describ'd
           Man
           ,
           with
           an
           exactness
           almost
           equal
           to
           the
           original
           draught
           of
           Nature
           ;
           and
           in
           his
           
             Elements
             of
             Law
          
           ,
           laid
           down
           the
           constitution
           of
           Government
           ,
           and
           shewn
           by
           what
           Arm'd
           Reason
           it
           is
           maintain'd
           .
           And
           having
           demonstrated
           in
           the
           State
           of
           Nature
           ,
           the
           Primitive
           Art
           of
           Fighting
           to
           be
           the
           only
           medium
           whereby
           Men
           procur'd
           their
           ends
           ;
           did
           in
           this
           design
           to
           shew
           what
           Power
           in
           Societies
           has
           succeeded
           to
           reign
           in
           its
           stead
           .
           I
           mean
           the
           Art
           of
           speaking
           ,
           which
           by
           use
           of
           Common
           places
           of
           Probability
           ,
           and
           knowledge
           in
           the
           manners
           and
           passions
           of
           Mankind
           ,
           throu
           the
           working
           of
           Belief
           is
           able
           to
           bring
           about
           whatsoever
           Interest
           .
        
         
           How
           necessary
           this
           Art
           is
           to
           that
           of
           Politic
           ,
           is
           clearly
           evident
           from
           that
           mighty
           force
           ,
           whereby
           the
           Eloquence
           of
           the
           Ancient
           
           Orators
           captivated
           the
           minds
           of
           the
           People
           .
           Mr.
           Hobbes
           chose
           to
           recommend
           by
           his
           Translation
           the
           Rhetoric
           of
           Aristotle
           ,
           as
           being
           the
           most
           accomplish'd
           work
           on
           that
           Subject
           ,
           which
           the
           World
           has
           yet
           seen
           ,
           having
           been
           admir'd
           in
           all
           Ages
           ,
           and
           in
           particular
           highly
           approv'd
           by
           the
           Father
           of
           the
           Roman
           Eloquence
           ,
           a
           very
           competent
           Judge
           .
           To
           this
           he
           thought
           fit
           to
           add
           some
           small
           matter
           relating
           to
           that
           part
           which
           concern's
           Tropes
           and
           Figures
           ;
           as
           also
           a
           short
           discovery
           of
           some
           little
           tricks
           of
           false
           and
           deceitful
           Reasoning
           .
        
         
           The
           other
           piece
           is
           a
           Discourse
           concerning
           the
           Laws
           of
           England
           ,
           and
           has
           been
           finish'd
           many
           years
           .
           Herein
           he
           has
           endeavour'd
           to
           accommodate
           the
           general
           notions
           of
           his
           Politic
           to
           the
           particular
           constitution
           of
           the
           English
           Monarchy
           .
           A
           design
           of
           no
           small
           difficulty
           ,
           wherein
           to
           have
           succeeded
           ,
           deserves
           much
           Honour
           ;
           to
           have
           perchance
           miscarryed
           ,
           deserves
           easie
           Pardon
           .
           It
           has
           had
           the
           good
           fortune
           to
           be
           much
           esteem'd
           by
           the
           greatest
           Men
           of
           the
           Profession
           of
           the
           Law
           ,
           and
           therefore
           may
           be
           presumed
           
           to
           contain
           somewhat
           excellent
           .
           However
           't
           is
           not
           to
           be
           expected
           ,
           that
           al
           Men
           should
           submit
           to
           his
           Opinions
           ,
           yet
           't
           is
           hoped
           none
           will
           be
           offended
           at
           the
           present
           Publishing
           these
           Papers
           ,
           since
           they
           will
           not
           find
           here
           any
           new
           fantastic
           Notions
           ,
           but
           only
           such
           things
           as
           have
           been
           already
           asserted
           with
           strength
           of
           Argument
           by
           himself
           ,
           and
           other
           Persons
           of
           eminent
           Learning
           .
           To
           the
           Public
           at
           least
           this
           Benefit
           may
           accrue
           ,
           that
           some
           able
           Pen
           may
           undertake
           the
           controversie
           ,
           being
           moved
           with
           the
           desire
           of
           that
           reputation
           ,
           which
           will
           necessarily
           attend
           Victory
           over
           so
           considerable
           an
           Adversary
           .
        
      
    
     
       
         
         
           THE
           WHOLE
           ART
           OF
           RHETORICK
           .
        
         
           
             BOOK
             I.
             
          
           
             
               CHAP.
               I.
               
            
             
               
                 That
                 Rhetorick
                 is
                 an
                 Art
                 consisting
                 not
                 only
                 in
                 moving
                 the
                 passions
                 of
                 the
                 Judge
                 ;
                 but
                 chiefly
                 in
                 Proofs
                 .
                 And
                 that
                 this
                 Art
                 is
                 Profitable
                 .
              
            
             
               WE
               see
               that
               all
               men
               naturally
               are
               able
               in
               some
               sort
               to
               accuse
               and
               excuse
               :
               Some
               by
               chance
               ;
               but
               some
               by
               method
               .
               This
               method
               may
               be
               discovered
               :
               and
               to
               discover
               Method
               is
               all
               one
               with
               teaching
               an
               Art.
               If
               this
               Art
               consisted
               in
               Criminations
               only
               ,
               and
               the
               skill
               to
               stir
               up
               the
               Judges
               to
               
                 Anger
                 ,
                 Envy
                 ,
                 Fear
                 ,
                 Pity
                 ,
              
               or
               other
               affections
               ;
               
               a
               Rhetorician
               in
               well
               ordered
               Common-wealths
               and
               States
               ,
               where
               it
               is
               forbidden
               to
               digress
               from
               the
               cause
               in
               hearing
               ,
               could
               have
               nothing
               at
               all
               to
               say
               .
               For
               all
               these
               perversions
               of
               the
               Judge
               are
               beside
               the
               question
               .
               And
               that
               which
               the
               pleader
               is
               to
               shew
               ,
               and
               the
               Judge
               to
               give
               sentence
               on
               ,
               is
               this
               only
               :
               
                 'T
                 is
                 so
              
               :
               or
               
                 not
                 so
              
               .
               The
               rest
               hath
               been
               decided
               already
               by
               the
               Law-maker
               ;
               who
               judging
               of
               universals
               ,
               and
               future
               things
               ,
               could
               not
               be
               corrupted
               .
               Besides
               ,
               't
               is
               an
               absurd
               thing
               ,
               for
               a
               man
               to
               make
               crooked
               the
               Ruler
               he
               means
               to
               use
               .
            
             
               It
               consisteth
               therefore
               chiefly
               in
               Proofs
               ;
               which
               are
               Inferences
               :
               and
               all
               Inferences
               being
               Syllogismes
               ,
               a
               Logician
               ,
               if
               he
               would
               observe
               the
               difference
               between
               a
               plain
               Syllogisme
               ,
               and
               an
               Enthymeme
               ,
               (
               which
               is
               a
               
                 Rhetoricall
                 Syllogisme
              
               ,
               )
               would
               make
               the
               best
               Rhetorician
               .
               For
               all
               Syllogismes
               and
               Inferences
               belong
               properly
               to
               Logick
               ;
               whether
               they
               infer
               truth
               or
               probability
               :
               and
               because
               without
               this
               Art
               it
               would
               often
               come
               to
               pass
               ,
               that
               evil
               men
               by
               the
               advantage
               of
               natural
               abilities
               ,
               would
               carry
               an
               evil
               cause
               against
               a
               good
               ;
               it
               brings
               with
               it
               at
               least
               this
               profit
               ,
               that
               making
               the
               pleaders
               even
               in
               skill
               ,
               it
               leaves
               the
               odds
               only
               in
               the
               merit
               of
               the
               cause
               .
               Besides
               ,
               ordinarily
               those
               that
               are
               Judges
               ,
               are
               neither
               patient
               ,
               nor
               capable
               of
               long
               
                 Scientifical
                 proofs
              
               ,
               drawn
               from
               
               the
               principles
               through
               many
               Syllogisms
               ;
               and
               therefore
               had
               need
               to
               be
               instructed
               by
               the
               Rhetoricall
               ,
               and
               shorter
               way
               .
               Lastly
               ,
               it
               were
               ridiculous
               ,
               to
               be
               ashamed
               of
               being
               vanquished
               in
               exercises
               of
               the
               body
               ,
               and
               not
               to
               be
               ashamed
               of
               being
               inferior
               in
               the
               vertue
               of
               well
               expressing
               the
               mind
               .
            
          
           
             
               CHAP.
               II.
               
            
             
               
                 The
                 Definition
                 of
                 Rhetorick
                 .
              
            
             
               RHetorick
               ,
               is
               that
               Faculty
               ,
               by
               which
               we
               understand
               what
               will
               serve
               our
               turn
               ,
               concerning
               any
               Subject
               to
               win
               belief
               in
               the
               hearer
               .
            
             
               Of
               those
               things
               that
               beget
               belief
               ;
               some
               require
               not
               the
               help
               of
               Art
               ;
               as
               
                 Witnesses
                 ,
                 Evidences
              
               ,
               and
               the
               like
               ,
               which
               we
               invent
               not
               ,
               but
               make
               use
               of
               ;
               and
               some
               require
               Art
               ,
               and
               are
               invented
               by
               us
               .
            
             
               The
               belief
               that
               proceeds
               from
               our
               Invention
               ,
               comes
               partly
               from
               the
               behaviour
               of
               the
               speaker
               ;
               partly
               from
               the
               passions
               of
               the
               hearer
               :
               but
               especially
               from
               the
               proofs
               of
               what
               we
               alledge
               .
            
             
               Proofs
               are
               ,
               in
               Rhetorick
               ,
               either
               Examples
               ,
               or
               Enthymemes
               ,
               as
               in
               
                 Logick
                 ,
                 Inductions
              
               ,
               or
               Syllogisms
               .
               For
               an
               Example
               is
               a
               short
               Induction
               ,
               and
               an
               Enthymeme
               a
               short
               Syllogisme
               ;
               
               out
               of
               which
               are
               left
               as
               superfluous
               ,
               that
               which
               is
               supposed
               to
               be
               necessarily
               understood
               by
               the
               hearer
               ;
               to
               avoid
               prolixity
               ,
               and
               not
               to
               consume
               the
               time
               of
               publick
               business
               needlesly
               .
            
          
           
             
               CHAP.
               III.
               
            
             
               
                 Of
                 the
                 several
                 kinds
                 of
                 Orations
                 :
                 and
                 of
                 the
                 Principles
                 of
                 Rhetorick
                 .
              
            
             
               IN
               all
               Orations
               ,
               the
               Hearer
               does
               either
               hear
               only
               ;
               or
               judge
               also
               .
            
             
               If
               he
               hear
               only
               ,
               that
               's
               one
               kind
               of
               Oration
               ,
               and
               is
               called
               Demonstrative
               .
            
             
               If
               he
               judg
               ,
               he
               must
               judg
               either
               of
               that
               which
               is
               to
               come
               ;
               or
               of
               that
               which
               is
               past
               .
            
             
               If
               of
               that
               which
               is
               to
               come
               ,
               ther
               's
               another
               kind
               of
               Oration
               ,
               and
               is
               called
               Deliberative
               .
            
             
               If
               of
               that
               which
               is
               past
               ;
               then
               't
               is
               a
               third
               kind
               of
               Oration
               ,
               called
               Judicial
               .
            
             
               So
               there
               are
               three
               kinds
               of
               
                 Orations
                 ;
                 Demonstrative
                 ,
                 Judicial
                 ,
                 Deliberative
                 .
              
            
             
               To
               which
               belong
               their
               proper
               times
               .
               To
               the
               Demonstrative
               ,
               the
               Present
               ;
               To
               the
               Judicial
               ,
               the
               Past
               ;
               and
               to
               the
               Deliberative
               ,
               the
               
                 time
                 to
                 come
              
               .
            
             
             
               And
               their
               proper
               Offices
               .
               To
               the
               
                 Deliberative
                 ,
                 Exhortation
              
               and
               Dehortation
               .
               To
               the
               
                 Judicial
                 ,
                 Accusation
              
               and
               Defence
               .
               And
               to
               the
               
                 Demonstrative
                 ,
                 Praising
              
               and
               Dispraising
               .
            
             
               And
               their
               proper
               ends
               .
               To
               the
               Deliberative
               ,
               to
               Prove
               a
               thing
               Profitable
               ,
               or
               Vnprofitable
               .
               To
               the
               
                 Judicial
                 ,
                 Just
              
               ,
               or
               Vnjust
               .
               To
               the
               
                 Demonstrative
                 ,
                 Honourable
              
               ,
               or
               Dishonourable
               .
            
             
               The
               Principles
               of
               Rhetorick
               out
               of
               which
               Enthymemes
               are
               to
               be
               drawn
               ;
               are
               the
               
                 common
                 opinions
              
               that
               men
               have
               concerning
               Profitable
               ,
               and
               
                 Vnprofitable
                 ;
                 Just
              
               ,
               and
               
                 Vnjust
                 ;
                 Honourable
              
               ,
               and
               Dishonourable
               ;
               which
               are
               the
               points
               in
               the
               several
               kinds
               of
               Orations
               questionable
               .
               For
               as
               in
               Logick
               ,
               where
               certain
               and
               infallible
               knowledg
               is
               the
               scope
               of
               our
               proof
               ,
               the
               Principles
               must
               be
               all
               
                 infallible
                 truths
              
               :
               so
               in
               Rhetorick
               the
               Principles
               must
               be
               
                 common
                 opinions
              
               ,
               such
               as
               the
               Judg
               is
               already
               possessed
               with
               :
               because
               the
               end
               of
               Rhetorick
               is
               victory
               ;
               which
               consists
               in
               having
               gotten
               belief
               .
            
             
               And
               because
               nothing
               is
               
                 Profitable
                 ,
                 Vnprofitable
                 ,
                 Just
                 ,
                 Vnjust
                 ,
                 Honourable
              
               or
               Dishonourable
               ,
               but
               what
               has
               been
               done
               ,
               or
               is
               
                 to
                 be
                 done
              
               ;
               and
               nothing
               is
               
                 to
                 be
                 done
              
               ,
               that
               is
               not
               possible
               :
               and
               because
               there
               be
               degrees
               of
               
                 Profitable
                 ,
                 Vnprofitable
                 ,
                 Just
                 ,
                 Vnjust
                 ,
                 Honourable
                 ,
              
               and
               Dishonourable
               ;
               an
               Orator
               must
               
               be
               ready
               in
               other
               Principles
               ;
               namely
               ,
               of
               what
               is
               done
               and
               
                 not
                 done
                 ;
                 possible
              
               and
               
                 not
                 possible
                 ,
                 to
                 come
              
               and
               
                 not
                 to
                 come
              
               ,
               and
               what
               is
               Greater
               ,
               and
               what
               is
               Lesser
               ,
               both
               in
               general
               ,
               and
               particularly
               applyed
               to
               the
               thing
               in
               question
               ;
               as
               what
               is
               more
               and
               less
               ,
               generally
               ;
               and
               what
               is
               
                 more
                 profitable
              
               ,
               and
               
                 less
                 profitable
              
               ,
               &c.
               particularly
               .
            
          
           
             
               CHAP.
               IV.
               
            
             
               
                 Of
                 the
                 subject
                 of
                 Deliberatives
                 ;
                 and
                 the
                 abilities
                 that
                 are
                 required
                 of
                 him
                 that
                 will
                 deliberate
                 of
                 business
                 of
                 State.
                 
              
            
             
               IN
               Deliberatives
               there
               are
               to
               be
               considered
               the
               subject
               ,
               wherein
               ;
               and
               the
               ends
               whereto
               the
               Orator
               exhorteth
               ,
               or
               from
               which
               he
               dehorteth
               .
            
             
               The
               Subject
               is
               always
               something
               in
               our
               own
               power
               ,
               the
               knowledg
               whereof
               belongs
               not
               to
               Rhetorick
               ,
               but
               for
               the
               most
               part
               to
               the
               Politicks
               ;
               and
               may
               be
               referred
               in
               a
               manner
               to
               these
               five
               heads
               .
            
             
               1.
               
               
                 Of
                 levying
                 of
                 money
              
               .
               To
               which
               point
               he
               that
               will
               speak
               as
               he
               ought
               to
               do
               ,
               ought
               to
               know
               before
               hand
               the
               revenue
               of
               the
               State
               ,
               how
               much
               it
               is
               ,
               and
               wherein
               it
               consisteth
               :
               and
               also
               how
               great
               are
               the
               necessary
               charges
               and
               expences
               of
               the
               same
               .
               This
               
               knowledge
               is
               gotten
               partly
               by
               a
               mans
               own
               experience
               ,
               partly
               by
               Relations
               ,
               and
               accounts
               in
               writing
               .
            
             
               2.
               
               
                 Of
                 Peace
                 and
                 War.
              
               Concerning
               which
               the
               Counsellor
               or
               Deliberator
               ,
               ought
               to
               know
               the
               strength
               of
               the
               Commonwealth
               ;
               how
               much
               it
               both
               now
               is
               ,
               and
               hereafter
               may
               be
               ;
               and
               wherein
               that
               power
               Consisteth
               .
               Which
               knowledge
               is
               gotten
               ,
               partly
               by
               experience
               ,
               and
               Relations
               at
               home
               ;
               and
               partly
               by
               the
               sight
               of
               Wars
               ,
               and
               of
               their
               events
               abroad
               .
            
             
               3.
               
               
                 Of
                 the
                 safeguard
                 of
                 the
                 Country
                 .
              
               Wherein
               he
               only
               is
               able
               to
               give
               counsell
               ,
               that
               knows
               the
               forms
               ,
               and
               number
               ,
               and
               places
               of
               the
               Garrisons
               .
            
             
               4.
               
               
                 Of
                 Provision
              
               .
               Wherein
               to
               speak
               well
               ,
               it
               is
               necessary
               for
               a
               man
               to
               know
               what
               is
               sufficient
               to
               maintain
               the
               State
               ;
               what
               Commodities
               they
               have
               at
               home
               growing
               ;
               what
               they
               must
               fetch
               in
               through
               need
               ;
               and
               what
               they
               may
               carry
               out
               through
               abundance
               .
            
             
               5.
               
               
                 Of
                 making
                 Laws
              
               .
               To
               which
               is
               necessary
               so
               much
               Political
               ,
               or
               
                 Civil
                 Philosophy
              
               ,
               as
               to
               know
               what
               are
               the
               several
               kinds
               of
               Governments
               ;
               and
               by
               what
               means
               ,
               either
               from
               without
               or
               from
               within
               ,
               each
               of
               those
               kinds
               is
               ,
               preserved
               ,
               or
               destroyed
               .
               And
               this
               knowledg
               is
               gotten
               ,
               partly
               by
               observing
               the
               several
               Governments
               in
               times
               past
               ,
               by
               History
               ;
               and
               partly
               by
               observing
               the
               Government
               
               of
               the
               times
               present
               in
               several
               Nations
               ,
               by
               Travel
               .
            
             
               So
               that
               to
               him
               that
               will
               speak
               in
               a
               Councell
               of
               State
               ,
               there
               is
               necessary
               this
               ;
               
                 History
                 ,
                 Sight
                 of
                 Wars
                 ,
                 Travel
                 ,
                 Knowledge
                 of
                 the
                 Revenue
                 ,
                 Expences
                 ,
                 Forces
                 ,
                 Havens
                 ,
                 Garrisons
                 ,
                 Wares
                 ,
                 and
                 Provisions
              
               in
               the
               State
               he
               lives
               in
               ;
               and
               what
               is
               needful
               for
               that
               State
               ,
               either
               to
               export
               ,
               or
               import
               .
            
          
           
             
               CHAP.
               V.
               
            
             
               
                 Of
                 the
                 ends
                 which
                 the
                 Orator
                 in
                 Deliberatives
                 ,
                 propoundeth
                 ,
                 whereby
                 to
                 exhort
                 ,
                 or
                 dehort
                 .
              
            
             
               AN
               Orator
               in
               exhorting
               always
               propoundeth
               Felicity
               ,
               or
               some
               part
               of
               Felicity
               to
               be
               attained
               by
               the
               actions
               he
               exhorteth
               unto
               :
               and
               in
               Dehortation
               the
               contrary
               .
            
             
               By
               Felicity
               ,
               is
               meant
               commonly
               ,
               
                 Prosperity
                 with
                 vertue
              
               ,
               or
               
                 a
                 continual
                 content
                 of
                 the
                 life
                 with
                 surety
                 .
              
               And
               the
               parts
               of
               it
               are
               such
               things
               as
               we
               call
               good
               ,
               in
               body
               ,
               mind
               ,
               or
               fortune
               ;
               such
               as
               these
               that
               follow
               .
            
             
               1.
               
               Nobility
               ,
               
                 which
                 to
                 a
                 State
                 or
                 Nation
                 is
                 ,
              
               to
               have
               been
               antient
               inhabitants
               ;
               and
               to
               have
               had
               most
               antiently
               ,
               and
               in
               most
               number
               ,
               famous
               Generals
               in
               the
               Wars
               ,
               or
               men
               famous
               for
               such
               things
               as
               fall
               under
               emulation
               .
               
                 And
                 
                 to
                 a
                 private
                 man
                 ,
              
               to
               have
               been
               descended
               lawfully
               of
               a
               Family
               ,
               which
               hath
               yielded
               most
               antiently
               ,
               and
               in
               most
               number
               ,
               men
               known
               to
               the
               World
               for
               vertue
               ,
               riches
               ,
               or
               any
               thing
               in
               general
               estimation
               .
            
             
               2.
               
               
                 Many
                 and
                 good
                 Children
              
               .
               Which
               is
               also
               publick
               and
               private
               .
               Publick
               ,
               when
               there
               
                 is
                 much
                 youth
                 in
                 the
                 State
                 endued
                 with
                 vertue
                 ,
              
               (
               namely
               ,
               of
               the
               body
               ,
               stature
               ,
               beauty
               ,
               strength
               ,
               and
               dexterity
               :
               Of
               the
               mind
               ,
               valour
               ,
               and
               temperance
               )
               Private
               ,
               when
               a
               man
               
                 hath
                 many
                 such
                 Children
                 ,
                 both
                 Male
                 and
                 Female
                 .
              
               The
               vertues
               commonly
               respected
               in
               women
               ,
               are
               of
               the
               body
               ,
               Beauty
               ,
               and
               Stature
               ;
               Of
               the
               mind
               ,
               Temperance
               ,
               and
               Houswifery
               ,
               without
               sordidness
               .
            
             
               3.
               
               Riches
               .
               
                 Which
                 is
              
               ,
               Money
               ,
               Cattel
               ,
               Lands
               ,
               Houshold-stuffe
               ;
               with
               the
               power
               to
               dispose
               of
               them
               .
            
             
               4.
               
               Glory
               .
               
                 Which
                 is
              
               ,
               the
               reputation
               of
               Vertue
               ,
               or
               of
               the
               possession
               of
               such
               things
               as
               all
               ,
               or
               most
               men
               ,
               or
               wise
               men
               desire
               .
            
             
               5.
               
               Honour
               .
               
                 Which
                 is
              
               the
               glory
               of
               benefiting
               ,
               or
               being
               able
               to
               benefit
               others
               .
               To
               benefit
               others
               ,
               is
               to
               contribute
               somewhat
               ,
               not
               easily
               had
               ,
               to
               another
               mans
               safety
               ,
               or
               riches
               ,
               
                 The
                 parts
                 of
              
               Honour
               are
               ,
               Sacrifices
               ,
               Monuments
               ,
               Rewards
               ,
               Dedication
               of
               places
               ,
               Precedence
               ,
               Sepulchres
               ,
               Statues
               ,
               publick
               Pensions
               ,
               Adorations
               ,
               Presents
               .
            
             
             
               6.
               
               Health
               .
               
                 Which
                 is
              
               the
               being
               free
               from
               Diseases
               ,
               with
               strength
               to
               use
               the
               body
               .
            
             
               7.
               
               Beauty
               .
               
                 Which
                 is
                 to
                 different
                 Ages
                 different
                 .
                 To
              
               Youth
               ,
               strength
               of
               body
               ,
               and
               sweetness
               of
               aspect
               .
               To
               full
               men
               ,
               strength
               of
               body
               fit
               for
               the
               Wars
               ,
               and
               Countenance
               sweet
               ,
               with
               a
               mixture
               of
               Terror
               .
               To
               old
               men
               ,
               strength
               enough
               for
               necessary
               labours
               ,
               with
               a
               Countenance
               not
               displeasing
               .
            
             
               8.
               
               Strength
               .
               
                 Which
                 is
              
               the
               ability
               to
               move
               any
               thing
               at
               pleasure
               of
               the
               Mover
               .
               To
               move
               ,
               is
               to
               pull
               ,
               to
               put
               off
               ,
               to
               lift
               ,
               to
               thrust
               down
               ,
               to
               press
               together
               .
            
             
               9.
               
               Stature
               .
               
                 Which
                 is
                 then
              
               just
               ,
               
                 when
                 a
                 man
              
               in
               heighth
               ,
               breadth
               ,
               and
               thickness
               of
               body
               doth
               so
               exceed
               the
               most
               ,
               as
               nevertheless
               it
               be
               no
               hinderance
               to
               the
               quickness
               of
               his
               motion
               .
            
             
               10.
               
               Good
               old
               Age.
               
                 Which
                 is
              
               ,
               that
               which
               comes
               late
               ,
               and
               with
               the
               least
               trouble
               .
            
             
               11.
               
               Many
               and
               good
               Friends
               .
               
                 Which
                 is
              
               ,
               to
               have
               many
               that
               will
               do
               for
               his
               sake
               that
               which
               they
               think
               will
               be
               for
               his
               good
               .
            
             
               12.
               
               Prosperity
               .
               
                 Which
                 is
              
               ,
               to
               have
               all
               ,
               or
               the
               most
               ,
               or
               the
               greatest
               of
               those
               goods
               which
               we
               attribute
               to
               Fortune
               .
            
             
               13.
               
               Vertue
               .
               Which
               is
               then
               to
               be
               defined
               ,
               when
               we
               speak
               of
               Praise
               .
            
             
               These
               are
               the
               grounds
               from
               whence
               we
               exhort
               .
            
             
               Dehortation
               is
               from
               the
               contraries
               of
               these
               .
            
          
           
             
             
               CHAP.
               VI.
               
            
             
               
                 Of
                 the
                 Colours
                 or
                 common
                 opinions
                 concerning
                 Good
                 and
                 Evil.
                 
              
            
             
               IN
               Deliberatives
               ,
               the
               Principles
               ,
               or
               Elements
               from
               whence
               we
               draw
               our
               Proofs
               ,
               are
               
                 common
                 Opinions
              
               concerning
               Good
               and
               Evil.
               And
               these
               Principles
               are
               either
               Absolute
               ,
               or
               Comparative
               .
               And
               those
               that
               are
               Absolute
               ,
               are
               either
               Disputable
               ,
               or
               Indisputable
               .
            
             
               The
               
                 Indisputable
                 Principles
              
               are
               such
               as
               these
               ;
            
             
               Good
               ,
               is
               that
               which
               we
               love
               for
               it self
               .
            
             
               And
               that
               ,
               for
               which
               we
               love
               somewhat
               else
               .
            
             
               And
               that
               which
               all
               things
               desire
               .
            
             
               And
               that
               to
               every
               man
               which
               his
               reason
               dictates
               .
            
             
               And
               that
               ,
               which
               when
               we
               have
               ,
               we
               are
               well
               ,
               or
               satisfied
               .
            
             
               And
               that
               which
               satisfies
               .
            
             
               And
               the
               Cause
               or
               Effect
               of
               any
               of
               these
               .
            
             
               And
               that
               which
               preserves
               any
               of
               these
               .
            
             
               And
               that
               which
               keeps
               off
               ,
               or
               destroys
               the
               contrary
               of
               any
               of
               these
               .
            
             
             
               Also
               to
               take
               the
               Good
               ,
               and
               reject
               the
               Evil
               ,
               is
               Good.
               
            
             
               And
               to
               take
               the
               greater
               Good
               ,
               rather
               than
               the
               less
               ;
               and
               the
               lesser
               Evil
               ,
               rather
               than
               the
               greater
               .
            
             
               Further
               ,
               all
               Vertues
               are
               Good.
               
            
             
               And
               Pleasure
               .
            
             
               And
               all
               things
               Beautiful
               .
            
             
               And
               Justice
               ,
               Valour
               ,
               Temperance
               ,
               Magnanimity
               ,
               Magnificence
               ;
               and
               other
               like
               habits
               .
            
             
               And
               Health
               ,
               Beauty
               ,
               Strength
               ,
               &c.
               
            
             
               And
               Riches
               .
            
             
               And
               Friends
               .
            
             
               And
               Honour
               ,
               and
               Glory
               .
            
             
               And
               Ability
               to
               say
               or
               do
               :
               also
               Towardliness
               ,
               Will
               ,
               and
               the
               like
               .
            
             
               And
               Whatsoever
               Art
               ,
               or
               Science
               .
            
             
               And
               Life
               .
            
             
               And
               whatsoever
               is
               Just.
               
            
             
               The
               
                 Disputable
                 Principles
              
               are
               such
               as
               follow
               .
            
             
               That
               is
               ,
               Good
               ,
               whose
               contrary
               is
               Evil
               .
            
             
               And
               whose
               contrary
               is
               Good
               for
               our
               Enemies
               .
            
             
               And
               whose
               contrary
               our
               Enemies
               are
               glad
               of
               .
            
             
               And
               of
               which
               there
               cannot
               be
               too
               much
               .
            
             
             
               And
               upon
               which
               much
               labour
               and
               cost
               hath
               been
               bestowed
               .
            
             
               And
               that
               which
               many
               desire
               .
            
             
               And
               that
               which
               is
               praised
               .
            
             
               And
               that
               which
               even
               our
               Enemies
               and
               evil
               men
               praise
               .
            
             
               And
               what
               good
               we
               prefer
               .
            
             
               And
               what
               we
               do
               advise
               .
            
             
               And
               that
               which
               is
               possible
               ,
               is
               Good
               (
               to
               undertake
               .
               )
            
             
               And
               that
               which
               is
               Easie.
               
            
             
               And
               that
               which
               depends
               on
               our
               own
               Will.
               
            
             
               And
               that
               which
               is
               proper
               for
               us
               to
               do
               .
            
             
               And
               what
               no
               man
               else
               can
               do
               .
            
             
               And
               whatsoever
               is
               Extraordinary
               .
            
             
               And
               what
               is
               suitable
               .
            
             
               And
               that
               which
               wants
               a
               little
               of
               being
               at
               an
               end
               .
            
             
               And
               what
               we
               hope
               to
               master
               .
            
             
               And
               what
               we
               are
               fit
               for
               .
            
             
               And
               what
               evil
               men
               do
               not
               .
            
             
               And
               what
               we
               love
               to
               do
               .
            
          
           
             
             
               CHAP.
               VII
               .
            
             
               
                 Of
                 the
                 Colours
                 ,
                 or
                 common
                 Opinions
                 concerning
                 Good
                 and
                 Evil
                 ,
                 comparatively
                 .
              
            
             
               THE
               Colours
               of
               
                 Good
                 comparatively
              
               depend
               partly
               upon
               the
               following
               Definitions
               of
               Comparatives
               .
            
             
               1.
               
               More
               ,
               is
               so
               much
               ,
               and
               somewhat
               besides
               .
            
             
               2.
               
               Less
               ,
               is
               that
               ,
               which
               and
               somewhat
               else
               is
               so
               much
               .
            
             
               3.
               
               Greater
               and
               more
               in
               number
               
                 are
                 said
                 only
              
               Comparatively
               to
               Less
               ,
               and
               Fewer
               in
               number
               .
            
             
               4.
               
               Great
               and
               Little
               ,
               Many
               and
               Few
               ,
               
                 are
                 taken
              
               Comparatively
               
                 to
                 the
              
               Most
               of
               the
               same
               kind
               .
               
                 So
                 that
              
               Great
               and
               Many
               ,
               
                 is
                 that
                 which
              
               exceeds
               ;
               Little
               and
               Few
               ,
               
                 is
                 that
                 which
                 is
              
               exceeded
               by
               the
               Most
               of
               the
               same
               kind
               .
            
             
               Partly
               from
               the
               precedent
               Definitions
               of
               
                 Good
                 absolutely
              
               .
            
             
               
                 Common
                 Opinions
                 concerning
                 Good.
                 Comparatively
                 then
                 are
                 these
                 .
              
            
             
               
                 Greater
                 Good
              
               is
               Many
               ,
               than
               fewer
               ,
               or
               one
               of
               those
               many
               .
            
             
               And
               Greater
               is
               the
               kind
               ,
               in
               which
               the
               greatest
               is
               greater
               than
               the
               greatest
               of
               another
               kind
               .
               And
               greater
               is
               that
               Good
               than
               
               another
               good
               ,
               whose
               kind
               is
               greater
               than
               another's
               kind
               .
            
             
               And
               Greater
               is
               that
               from
               which
               another
               
                 Good
                 follows
              
               ;
               then
               the
               Good
               which
               follows
               .
            
             
               And
               of
               two
               which
               exceed
               a
               third
               ,
               Greater
               is
               that
               which
               exceeds
               it
               most
               .
            
             
               And
               that
               which
               causes
               the
               
                 greater
                 Good.
              
               
            
             
               And
               that
               which
               proceeds
               from
               a
               
                 greater
                 Good.
              
               
            
             
               And
               Greater
               is
               that
               which
               is
               chosen
               for
               it self
               ,
               than
               that
               which
               is
               chosen
               from
               somwhat
               else
               .
            
             
               And
               the
               end
               greater
               than
               that
               which
               is
               not
               the
               end
               .
            
             
               And
               that
               which
               less
               needs
               other
               things
               ,
               than
               that
               which
               more
               .
            
             
               And
               that
               which
               is
               independent
               ,
               than
               that
               which
               is
               dependent
               of
               another
               .
            
             
               And
               the
               Beginning
               ,
               than
               not
               the
               Beginning
               .
            
             
               [
               Seeing
               the
               Beginning
               is
               a
               
                 greater
                 Good
              
               ,
               or
               Evil
               ,
               than
               that
               which
               is
               not
               the
               Beginning
               ;
               and
               the
               End
               ,
               than
               that
               which
               is
               not
               the
               End
               ;
               One
               may
               argue
               from
               this
               Colour
               both
               ways
               :
               as
               Leodamas
               against
               Chabrias
               ,
               would
               have
               the
               Actor
               more
               to
               blame
               than
               the
               Advisor
               ;
               and
               against
               Callistratus
               ,
               the
               Advisor
               more
               than
               the
               Actor
               .
               ]
            
             
               And
               the
               Cause
               ,
               than
               not
               the
               Cause
               .
            
             
             
               And
               that
               which
               hath
               a
               greater
               Beginning
               or
               Cause
               .
            
             
               And
               the
               Beginning
               ,
               or
               Cause
               of
               a
               
                 greater
                 Good
                 or
                 Evil.
              
               
            
             
               And
               that
               which
               is
               scarce
               ,
               greater
               than
               that
               which
               is
               Plentiful
               ;
               because
               harder
               to
               get
               .
            
             
               And
               that
               which
               is
               Plentiful
               ,
               than
               that
               which
               is
               scarce
               ;
               because
               oftner
               in
               Use.
               
            
             
               And
               that
               which
               is
               easie
               ,
               than
               that
               which
               is
               Hard.
               
            
             
               And
               that
               whose
               Contrary
               is
               greater
               .
            
             
               And
               that
               whose
               Want
               is
               greater
               .
            
             
               And
               Vertue
               than
               not
               Vertue
               ,
               a
               
                 greater
                 Good.
              
               Vice
               ,
               than
               not
               Vice
               ,
               a
               
                 greater
                 Evil.
              
               
            
             
               And
               
                 greater
                 Good
              
               ,
               or
               Evil
               is
               that
               ,
               the
               effects
               whereof
               are
               more
               Honourable
               or
               more
               Shameful
               .
            
             
               And
               the
               effects
               of
               greater
               Vertues
               ,
               or
               Vices
               .
            
             
               And
               the
               Excess
               whereof
               is
               more
               tolerable
               ,
               a
               
                 greater
                 Good.
              
               
            
             
               And
               those
               things
               which
               may
               with
               more
               honour
               be
               desir'd
               .
            
             
               And
               the
               desire
               of
               better
               things
               .
            
             
               And
               those
               things
               whereof
               the
               Knowledg
               is
               better
               .
            
             
               And
               the
               Knowledge
               of
               better
               things
               .
            
             
               And
               that
               which
               wise
               men
               prefer
               .
            
             
               And
               that
               which
               is
               in
               better
               men
               .
            
             
             
               And
               that
               which
               better
               men
               chuse
               .
            
             
               And
               that
               which
               is
               more
               ,
               than
               that
               which
               is
               less
               delightful
               .
            
             
               And
               that
               which
               is
               more
               ,
               than
               that
               which
               is
               less
               Honourable
               .
            
             
               And
               that
               which
               we
               would
               have
               for
               our selves
               and
               Friends
               ,
               a
               
                 greater
                 Good
              
               ;
               and
               the
               contrary
               a
               
                 greater
                 Evil.
              
               
            
             
               And
               that
               which
               is
               Lasting
               ,
               than
               that
               which
               is
               not
               Lasting
               .
            
             
               And
               that
               which
               is
               Firm
               ,
               than
               that
               which
               is
               not
               Firm.
               
            
             
               And
               what
               many
               desire
               ,
               than
               what
               few
               .
            
             
               And
               what
               the
               Adversary
               ,
               or
               Judg
               confesseth
               to
               be
               greater
               ,
               is
               greater
               .
            
             
               And
               Common
               than
               not
               Common
               .
            
             
               And
               not
               Common
               than
               Common
               .
            
             
               And
               what
               is
               more
               Laudable
               .
            
             
               And
               that
               which
               is
               more
               Honour'd
               ,
               a
               
                 greater
                 Good.
              
               
            
             
               And
               that
               which
               is
               more
               Punish'd
               ,
               a
               
                 greater
                 Evil.
              
               
            
             
               And
               both
               Good
               and
               Evil
               divided
               than
               undivided
               ,
               appear
               greater
               .
            
             
               And
               Compounded
               than
               Simple
               ,
               appear
               greater
               .
            
             
               And
               that
               which
               is
               done
               with
               Opportunity
               ,
               Age
               ,
               Place
               ,
               Time
               ,
               Means
               disadvantagious
               ,
               greater
               than
               otherwise
               .
            
             
               And
               that
               which
               is
               natural
               ,
               than
               that
               which
               is
               attained
               unto
               .
            
             
             
               And
               the
               same
               part
               of
               that
               which
               is
               great
               ,
               than
               of
               that
               which
               is
               less
               .
            
             
               And
               that
               which
               is
               nearest
               to
               the
               end
               designed
               .
            
             
               And
               that
               which
               is
               Good
               or
               Evil
               to
               ones
               self
               ,
               than
               that
               which
               is
               simply
               so
               .
            
             
               And
               Possible
               ,
               than
               not
               possible
               .
            
             
               And
               that
               which
               comes
               toward
               the
               end
               of
               our
               Life
               .
            
             
               And
               that
               which
               we
               do
               really
               ,
               than
               that
               which
               we
               do
               for
               shew
               .
            
             
               And
               that
               which
               we
               would
               be
               ,
               rather
               than
               what
               we
               would
               seem
               to
               be
               .
            
             
               And
               that
               which
               is
               good
               for
               more
               purposes
               ,
               is
               the
               
                 greater
                 Good.
              
               
            
             
               And
               that
               which
               serves
               us
               in
               great
               necessity
               .
            
             
               And
               that
               which
               is
               joyned
               with
               less
               trouble
               .
            
             
               And
               that
               which
               is
               joyned
               with
               more
               delight
               .
            
             
               And
               of
               the
               two
               ,
               that
               which
               added
               to
               a
               third
               ,
               makes
               the
               whole
               the
               greater
               .
            
             
               And
               that
               which
               having
               ,
               we
               are
               more
               sensible
               of
               .
            
             
               And
               in
               every
               thing
               ,
               that
               which
               we
               most
               esteem
               .
            
          
           
             
             
               CHAP.
               VIII
               .
            
             
               
                 Of
                 the
                 several
                 kinds
                 of
                 Governments
                 .
              
            
             
               BEcause
               Hortation
               and
               Dehortation
               concern
               the
               Common-wealth
               ,
               and
               are
               drawn
               from
               the
               Elements
               of
               Good
               and
               Evil
               ;
               as
               we
               have
               spoken
               of
               them
               already
               in
               the
               Abstract
               ,
               so
               we
               must
               speak
               of
               them
               also
               in
               the
               Concrete
               ;
               that
               is
               ,
               of
               what
               is
               Good
               or
               Evil
               to
               each
               sort
               of
               Common-wealth
               in
               special
               .
            
             
               The
               Government
               of
               a
               Common-wealth
               ,
               is
               either
               Democracy
               ,
               or
               Aristocracy
               ,
               or
               Oligarchy
               ,
               or
               Monarchy
               .
            
             
               Democracy
               is
               that
               ,
               wherein
               all
               men
               with
               equal
               right
               ,
               are
               preferred
               to
               the
               highest
               Magistracy
               by
               Lot.
               
            
             
               Aristocracy
               is
               that
               ,
               wherein
               the
               highest
               Magistrate
               is
               chosen
               out
               of
               those
               ,
               that
               had
               the
               best
               education
               ,
               according
               to
               what
               the
               Laws
               prescribe
               for
               best
               .
            
             
               Oligarchy
               is
               that
               ,
               where
               the
               highest
               Magistrate
               is
               chosen
               for
               wealth
               .
            
             
               Monarchy
               is
               that
               ,
               wherein
               one
               man
               hath
               the
               Government
               of
               all
               ;
               which
               Government
               ,
               if
               he
               limit
               it
               by
               Law
               ,
               is
               called
               Kingdom
               ;
               if
               by
               his
               own
               will
               ,
               Tyranny
               .
            
             
             
               The
               end
               of
               Democracy
               ,
               or
               the
               Peoples
               Government
               ,
               is
               Liberty
               .
            
             
               
                 The
                 end
                 of
              
               Oligarchy
               ,
               is
               the
               Riches
               of
               those
               that
               Govern.
               
            
             
               The
               end
               of
               Aristocracy
               ,
               is
               
                 good
                 Laws
              
               ,
               and
               
                 good
                 ordering
                 of
                 the
                 City
              
               .
            
             
               The
               end
               of
               Monarchy
               ,
               or
               Kings
               ,
               is
               
                 the
                 safety
                 of
                 the
                 People
                 ,
                 and
                 conservation
                 of
                 his
                 own
                 Authority
                 .
              
            
             
               Good
               therefore
               ,
               in
               each
               sort
               of
               Government
               is
               that
               which
               conduceth
               to
               these
               their
               ends
               .
            
             
               And
               because
               belief
               is
               not
               gotten
               only
               by
               proofs
               ,
               but
               also
               from
               manners
               ;
               the
               manners
               of
               each
               sort
               of
               Commonwealth
               ought
               to
               be
               well
               understood
               by
               him
               that
               undertaketh
               to
               perswade
               ,
               or
               diswade
               in
               matter
               of
               State.
               Their
               manners
               may
               be
               known
               by
               their
               designs
               ;
               and
               their
               designs
               by
               their
               ends
               ;
               and
               their
               ends
               by
               what
               we
               see
               them
               take
               pleasure
               in
               .
               But
               of
               this
               more
               accurately
               in
               the
               Politicks
               .
            
          
           
             
             
               CHAP.
               IX
               .
            
             
               
                 Of
                 the
                 Colours
                 of
                 Honourable
                 and
                 Dishonourable
                 .
              
            
             
               IN
               a
               
                 Demonstrative
                 Oration
              
               ,
               the
               subject
               whereof
               is
               Praise
               ,
               or
               Dispraise
               ;
               the
               proofs
               are
               to
               be
               drawn
               from
               the
               Elements
               of
               Honourable
               and
               Dishonourable
               .
            
             
               In
               this
               place
               we
               anticipate
               the
               second
               way
               of
               getting
               belief
               ;
               which
               is
               from
               the
               manners
               of
               the
               Speaker
               .
               For
               Praise
               ,
               whether
               it
               come
               in
               as
               the
               principal
               business
               ,
               or
               upon
               the
               by
               ,
               depends
               still
               upon
               the
               same
               Principles
               .
               Which
               are
               these
               .
            
             
               Honourable
               ,
               is
               that
               ,
               which
               we
               love
               for
               it self
               ,
               and
               is
               withal
               laudable
               .
            
             
               And
               that
               Good
               ,
               which
               pleaseth
               us
               only
               because
               't
               is
               Good.
               
            
             
               And
               Vertue
               .
            
             
               Vertue
               is
               the
               faculty
               of
               getting
               and
               preserving
               that
               which
               is
               Good
               ;
               and
               the
               faculty
               of
               doing
               many
               ,
               and
               great
               things
               well
               .
            
             
               The
               kinds
               of
               it
               are
               these
               ;
            
             
               1.
               
               Justice
               ;
               which
               is
               a
               Vertue
               whereby
               every
               man
               obtains
               what
               by
               Law
               is
               his
               .
            
             
               2.
               
               Fortitude
               ;
               which
               is
               a
               Vertue
               by
               which
               a
               man
               carries
               himself
               Honourably
               ,
               and
               according
               to
               the
               Laws
               ,
               in
               time
               of
               danger
               .
            
             
             
               3.
               
               Temperance
               ;
               which
               is
               a
               Vertue
               whereby
               a
               man
               Governs
               himself
               in
               matter
               of
               pleasure
               according
               to
               the
               Law.
               
            
             
               4.
               
               Liberality
               ;
               which
               is
               a
               Vertue
               ,
               by
               which
               we
               benefit
               others
               in
               matter
               of
               money
               .
            
             
               5.
               
               Magnanimity
               ;
               which
               is
               a
               Vertue
               ,
               by
               which
               a
               man
               is
               apt
               to
               do
               great
               benefits
               .
            
             
               6.
               
               Magnificence
               ;
               which
               is
               a
               Vertue
               ,
               by
               which
               a
               man
               is
               apt
               to
               be
               at
               great
               cost
               .
            
             
               7.
               
               Prudence
               ;
               which
               is
               an
               
                 Intellectual
                 Vertue
              
               ,
               by
               which
               a
               man
               is
               able
               to
               deliberate
               well
               concerning
               any
               Good
               leading
               to
               Felicity
               .
            
             
               And
               Honourable
               ,
               are
               the
               Causes
               and
               effects
               of
               things
               Honourable
               .
            
             
               And
               the
               Works
               of
               Vertue
               .
            
             
               And
               the
               signs
               of
               Vertue
               .
            
             
               And
               those
               actions
               ,
               the
               reward
               whereof
               is
               Honor.
               
            
             
               And
               the
               reward
               whereof
               is
               rather
               Honor
               ,
               than
               Money
               .
            
             
               And
               that
               which
               we
               do
               not
               for
               our
               own
               sakes
               .
            
             
               And
               what
               we
               do
               for
               our
               Countries
               good
               ,
               neglecting
               our
               own
               .
            
             
               And
               those
               things
               are
               Honourable
               ,
               which
               good
               of
               themselves
               ,
               are
               not
               so
               to
               the
               Owner
               .
            
             
               And
               those
               things
               which
               happen
               to
               the
               dead
               ,
               rather
               than
               to
               the
               living
               .
            
             
             
               And
               what
               we
               do
               for
               other
               men
               ,
               especially
               for
               Benefactors
               .
            
             
               And
               bestowing
               of
               Benefits
               .
            
             
               And
               the
               contrary
               of
               those
               things
               we
               are
               ashamed
               of
               .
            
             
               And
               those
               things
               which
               men
               strive
               for
               earnestly
               ,
               but
               without
               fear
               of
               Adversary
               .
            
             
               And
               of
               the
               more
               Honourable
               ,
               and
               better
               men
               ,
               the
               Vertues
               are
               more
               Honourable
               .
            
             
               And
               more
               Honourable
               are
               the
               vertues
               that
               tend
               to
               other
               mens
               benefit
               ,
               than
               those
               which
               tend
               to
               ones
               own
               .
            
             
               And
               Honourable
               are
               those
               things
               which
               are
               Just.
               
            
             
               And
               Revenge
               is
               Honourable
               .
            
             
               And
               Victory
               .
            
             
               And
               Honour
               .
            
             
               And
               Monuments
               .
            
             
               And
               those
               things
               which
               happen
               not
               ot
               the
               living
               .
            
             
               And
               things
               that
               excell
               .
            
             
               And
               what
               none
               can
               do
               but
               we
               .
            
             
               And
               Possessions
               we
               reap
               no
               profit
               by
               .
            
             
               And
               those
               things
               which
               are
               had
               in
               honour
               particularly
               in
               several
               places
               .
            
             
               And
               the
               signs
               of
               praise
               .
            
             
               And
               to
               have
               nothing
               of
               the
               servile
               ,
               mercenary
               ,
               or
               Mechanick
               .
            
             
               And
               that
               which
               seems
               Honourable
               ;
               Namely
               such
               as
               follow
               .
            
             
             
               Vices
               confining
               upon
               Vertue
               .
            
             
               And
               the
               extreams
               of
               Vertues
               .
            
             
               And
               what
               the
               Auditors
               think
               Honourable
               .
            
             
               And
               that
               which
               is
               in
               estimation
               .
            
             
               And
               that
               which
               is
               done
               according
               to
               custom
               .
            
             
               Besides
               ,
               in
               a
               
                 Demonstrative
                 Oration
              
               ,
               the
               Orator
               must
               shew
               ,
               that
               he
               whom
               he
               praiseth
               ,
               did
               what
               he
               praiseth
               unconstrainedly
               ,
               and
               willingly
               .
            
             
               And
               he
               does
               so
               ,
               who
               does
               the
               same
               often
               .
            
             
               Praise
               ,
               is
               speech
               ,
               declaring
               the
               magnitude
               of
               a
               
                 Vertue
                 ,
                 Action
              
               ,
               or
               Work.
               
            
             
               But
               to
               praise
               the
               Work
               from
               the
               Vertue
               of
               the
               Worker
               ,
               is
               a
               circular
               proof
               .
            
             
               
                 To
                 Magnifie
              
               ,
               and
               
                 to
                 Praise
              
               ,
               differ
               in
               themselves
               ,
               as
               Felicity
               and
               Vertue
               .
               For
               Praise
               declares
               a
               mans
               Vertue
               ;
               and
               Magnifying
               declares
               his
               Felicity
               .
            
             
               Praise
               is
               a
               kind
               of
               inverted
               Precept
               .
               For
               to
               say
               ,
               
                 Do
                 it
                 because
                 't
                 is
                 good
              
               ,
               is
               a
               Precept
               .
               But
               to
               say
               ,
               
                 He
                 is
                 good
                 because
                 he
                 did
                 it
                 ,
                 is
                 Praise
                 .
              
            
             
               An
               Orator
               in
               Praising
               must
               also
               use
               the
               forms
               of
               Amplification
               ;
               such
               as
               these
               :
            
             
               He
               was
               the
               first
               that
               did
               it
               .
            
             
               The
               only
               man
               that
               did
               it
               .
            
             
               The
               special
               man
               that
               did
               it
               .
            
             
               He
               did
               it
               with
               disadvantage
               of
               time
               .
            
             
             
               He
               did
               it
               with
               little
               help
               .
            
             
               He
               was
               the
               cause
               ,
               that
               the
               Law
               ordained
               Rewards
               and
               Honours
               for
               such
               Actions
               .
            
             
               Further
               ,
               he
               that
               will
               praise
               a
               Man
               ,
               must
               compare
               him
               with
               others
               ;
               and
               his
               actions
               with
               the
               actions
               of
               others
               ;
               especially
               with
               such
               as
               are
               renowned
               .
            
             
               And
               Amplification
               is
               more
               proper
               to
               a
               
                 Demonstrative
                 Oration
              
               ,
               than
               to
               any
               other
               .
               For
               here
               the
               Actions
               are
               confess'd
               ;
               and
               the
               Orators
               part
               is
               only
               this
               ,
               to
               contribute
               unto
               them
               Magnitude
               and
               Luster
               .
            
          
           
             
               CHAP.
               X.
               
            
             
               
                 Of
                 Accusation
                 and
                 Defence
                 ,
                 with
                 the
                 Definition
                 of
                 Injury
                 .
              
            
             
               IN
               a
               
                 Judicial
                 Oration
              
               ,
               which
               consists
               in
               Accusation
               and
               Defence
               ,
               the
               thing
               to
               be
               proved
               is
               ,
               that
               Injury
               has
               been
               done
               :
               and
               the
               heads
               from
               whence
               the
               proofs
               are
               to
               be
               drawn
               ,
               are
               these
               three
               :
            
             
               1.
               
               The
               causes
               that
               move
               to
               Injury
               .
            
             
               2.
               
               The
               Persons
               apt
               to
               do
               Injury
               .
            
             
               3.
               
               The
               Persons
               obnoxious
               ,
               or
               apt
               to
               suffer
               Injury
               .
            
             
               An
               Injury
               is
               a
               voluntary
               offending
               of
               another
               man
               contrary
               to
               the
               Law.
               
            
             
             
               Voluntary
               is
               that
               which
               a
               man
               does
               with
               knowledg
               ,
               and
               without
               compulsion
               .
            
             
               The
               causes
               of
               Voluntary
               Actions
               are
               Intemperance
               ,
               and
               a
               Vicious
               disposition
               concerning
               things
               Desirable
               .
               As
               the
               Covetous
               man
               does
               against
               the
               Law
               ,
               out
               of
               an
               intemperate
               desire
               of
               Money
               .
            
             
               All
               Actions
               proceed
               either
               from
               the
               doers
               disposition
               ,
               or
               not
               .
            
             
               Those
               that
               proceed
               not
               from
               the
               Doers
               disposition
               are
               such
               as
               he
               does
               by
               Chance
               ,
               by
               Compulsion
               ,
               or
               by
               
                 Natural
                 necessity
              
               .
            
             
               Those
               that
               proceed
               from
               the
               Doers
               disposition
               ,
               are
               such
               as
               he
               does
               by
               Custom
               ,
               or
               
                 upon
                 Premeditation
              
               ,
               or
               in
               Anger
               ,
               or
               out
               of
               Intemperance
               .
            
             
               
                 By
                 Chance
              
               are
               said
               to
               be
               done
               those
               things
               whereof
               neither
               the
               Cause
               ,
               nor
               the
               Scope
               is
               evident
               ;
               and
               which
               are
               done
               neither
               orderly
               ,
               nor
               always
               ,
               nor
               most
               commonly
               after
               the
               same
               manner
               .
            
             
               
                 By
                 Nature
              
               are
               said
               to
               be
               done
               those
               things
               ,
               the
               Causes
               whereof
               are
               in
               the
               Doer
               ;
               and
               are
               done
               orderly
               ,
               and
               always
               ,
               or
               for
               the
               most
               part
               after
               the
               same
               manner
               .
            
             
               
                 By
                 Compulsion
              
               are
               done
               those
               things
               ,
               which
               are
               against
               the
               Appetite
               ,
               and
               Ordination
               of
               the
               Doer
               .
            
             
               
                 By
                 Custome
              
               those
               Actions
               are
               said
               to
               be
               done
               ,
               the
               Cause
               whereof
               is
               this
               ,
               that
               the
               Door
               has
               done
               them
               often
               .
            
             
             
               
                 Vpon
                 Premeditation
              
               are
               said
               to
               be
               done
               those
               things
               which
               are
               done
               for
               profit
               ,
               as
               the
               End
               ,
               or
               the
               way
               to
               the
               End.
               
            
             
               
                 In
                 Anger
              
               are
               said
               to
               be
               done
               those
               things
               which
               are
               done
               with
               a
               purpose
               of
               Revenge
               .
            
             
               
                 Out
                 of
                 Intemperance
              
               are
               said
               to
               be
               done
               those
               things
               which
               are
               delightful
               .
            
             
               In
               sum
               ,
               every
               Voluntary
               Action
               tends
               either
               to
               Profit
               or
               Pleasure
               .
            
             
               The
               Colours
               of
               Profitable
               are
               already
               set
               down
               .
            
             
               The
               Colours
               of
               that
               which
               is
               Pleasing
               follow
               next
               .
            
          
           
             
               CHAP.
               XI
               .
            
             
               
                 Of
                 the
                 Colours
                 ,
                 or
                 Common
                 Opinions
                 concerning
                 Pleasure
                 .
              
            
             
               PLeasure
               is
               a
               sudden
               and
               sensible
               motion
               of
               the
               Soul
               ,
               towards
               that
               which
               is
               Natural
               .
            
             
               Grief
               is
               the
               Contrary
               .
            
             
               Pleasant
               therefore
               is
               that
               ,
               which
               is
               the
               cause
               of
               such
               motion
               .
            
             
               And
               to
               return
               to
               ones
               own
               Nature
               .
            
             
               And
               Customes
               .
            
             
               And
               those
               things
               that
               are
               not
               violent
               .
            
             
             
               Vnpleasant
               are
               those
               things
               ,
               which
               proceed
               from
               Necessity
               ,
               as
               Cares
               ,
               Study
               ,
               Contentions
               .
               The
               contrary
               whereof
               ,
               Ease
               ,
               Remission
               from
               Labour
               and
               Care
               :
               also
               Play
               ,
               Rest
               ,
               Sleep
               ,
               are
               Pleasant
               .
            
             
               Pleasant
               also
               is
               that
               ,
               to
               which
               we
               have
               an
               appetite
               .
            
             
               Also
               the
               appetites
               themselves
               ,
               if
               they
               be
               sensual
               ;
               as
               Thirst
               ,
               Hunger
               ,
               and
               Lust.
               
            
             
               Also
               those
               things
               to
               which
               we
               have
               an
               appetite
               upon
               perswasion
               and
               Reason
               .
            
             
               And
               those
               things
               we
               remember
               ,
               whether
               they
               pleased
               ,
               or
               displeased
               ,
               than
               when
               they
               were
               present
               .
            
             
               And
               the
               things
               we
               hope
               for
               .
            
             
               And
               Anger
               .
            
             
               And
               to
               be
               in
               Love.
               
            
             
               And
               Revenge
               .
            
             
               And
               Victory
               .
               Therefore
            
             
               Also
               contentious
               Games
               ;
               as
               Tables
               ,
               Chess
               ,
               Dice
               ,
               Tennis
               ,
               &c.
               
            
             
               And
               Hunting
               .
            
             
               And
               Suits
               in
               Law.
               
            
             
               And
               Honour
               and
               Reputation
               amongst
               men
               in
               Honour
               and
               Reputation
               .
            
             
               And
               to
               Love.
               
            
             
               And
               to
               be
               Belov'd
               and
               Respected
               .
            
             
               And
               to
               be
               admir'd
               .
            
             
               And
               to
               be
               Flatter'd
               .
            
             
               And
               a
               Flatterer
               :
               (
               for
               he
               seems
               both
               to
               love
               and
               admire
               .
               )
            
             
             
               And
               the
               same
               thing
               often
               .
            
             
               And
               Change
               ,
               or
               Variety
               .
            
             
               And
               what
               we
               return
               to
               afresh
               .
            
             
               And
               to
               Learn
               .
            
             
               And
               to
               admire
               .
            
             
               And
               to
               do
               Good.
               
            
             
               And
               to
               receive
               Good.
               
            
             
               And
               to
               help
               up
               again
               one
               that
               's
               fallen
               .
            
             
               And
               to
               finish
               that
               which
               is
               unperfect
               .
            
             
               And
               Imitation
               .
            
             
               And
               therefore
               the
               Art
               of
               Painting
               .
            
             
               And
               the
               Art
               of
               Carving
               Images
               .
            
             
               And
               the
               Art
               of
               Poetry
               .
            
             
               And
               Pictures
               and
               Statues
               .
            
             
               And
               other
               Mens
               Dangers
               ,
               so
               they
               be
               near
               .
            
             
               And
               to
               have
               escaped
               hardly
               .
            
             
               And
               things
               of
               a
               kind
               please
               one
               another
               .
            
             
               And
               every
               one
               himself
               .
            
             
               And
               ones
               own
               pleases
               him
               .
            
             
               And
               to
               bear
               Sway.
               
            
             
               And
               to
               be
               thought
               Wise.
               
            
             
               And
               to
               dwell
               upon
               that
               which
               he
               is
               good
               at
               .
            
             
               And
               ridiculous
               actions
               ,
               Sayings
               and
               Persons
               .
            
          
           
             
             
               CHAP.
               XII
               .
            
             
               
                 Presumptions
                 of
                 Injury
                 drawn
                 from
                 the
                 persons
                 that
                 do
                 it
                 :
                 or
                 Common
                 Opinions
                 concerning
                 the
                 aptitude
                 of
                 Persons
                 to
                 do
                 Injury
                 .
              
            
             
               OF
               the
               Causes
               which
               move
               to
               Injury
               ,
               namely
               ,
               Profit
               and
               Pleasure
               ,
               has
               been
               already
               spoken
               ,
               Chap.
               6.
               7.
               11.
               
            
             
               It
               follows
               next
               to
               speak
               of
               the
               Persons
               ,
               that
               are
               apt
               to
               
                 do
                 Injury
              
               .
            
             
               The
               
                 Doers
                 of
                 Injury
              
               are
               .
            
             
               Such
               as
               think
               they
               can
               do
               it
               .
            
             
               And
               such
               as
               think
               to
               be
               undiscover'd
               when
               they
               have
               done
               it
               .
            
             
               And
               such
               as
               think
               ,
               though
               they
               be
               discover'd
               ,
               they
               shall
               not
               be
               called
               in
               question
               for
               it
               .
            
             
               And
               such
               as
               think
               ,
               though
               they
               be
               called
               in
               question
               for
               it
               ,
               that
               their
               Mulct
               will
               be
               less
               than
               their
               Gain
               ,
               which
               either
               themselves
               or
               their
               Friends
               receive
               by
               the
               Injury
               .
            
             
               Able
               to
               do
               Injury
               are
               .
            
             
               Such
               as
               are
               Eloquent
               .
            
             
               And
               such
               as
               are
               practis'd
               in
               business
               .
            
             
               And
               such
               as
               have
               skill
               in
               Process
               .
            
             
             
               And
               such
               as
               have
               many
               Friends
               .
            
             
               And
               Rich
               Men.
               
            
             
               And
               such
               as
               have
               Rich
               Friends
               ;
               or
               Rich
               Servants
               ;
               or
               Rich
               Partners
               .
            
             
               
                 Vndiscover'd
                 when
                 they
                 have
                 done
                 it
                 ,
              
               are
               Such
               are
               not
               apt
               to
               commit
               the
               crimes
               whereof
               they
               are
               accused
               :
               as
               Feeble
               Men
               ,
               Slaughter
               :
               Poor
               ,
               and
               not
               Beautiful
               Men
               ,
               Adultery
               .
            
             
               And
               such
               as
               one
               would
               think
               could
               not
               chuse
               but
               be
               discover'd
               .
            
             
               And
               such
               as
               do
               Injuries
               ,
               whereof
               there
               hath
               been
               no
               Example
               .
            
             
               And
               such
               as
               have
               none
               ,
               or
               many
               enemies
               .
            
             
               And
               such
               as
               can
               easily
               conceal
               what
               they
               do
               .
            
             
               And
               such
               as
               have
               some
               body
               to
               transfer
               the
               fault
               upon
               .
            
             
               They
               that
               do
               
                 Injury
                 openly
              
               ,
               are
               Such
               ,
               whose
               friends
               have
               been
               Injured
               .
            
             
               And
               such
               as
               have
               the
               Judges
               for
               friends
               .
            
             
               And
               such
               as
               can
               escape
               their
               Tryal
               at
               Law.
               
            
             
               And
               such
               as
               can
               put
               off
               their
               Tryal
               .
            
             
               And
               such
               as
               can
               corrupt
               the
               Judges
               .
            
             
               And
               such
               as
               can
               avoid
               the
               payment
               of
               their
               Fine
               .
            
             
               And
               such
               as
               can
               defer
               the
               payment
               .
            
             
               And
               such
               as
               cannot
               pay
               at
               all
               .
            
             
             
               And
               such
               as
               by
               the
               Injury
               get
               manifestly
               ,
               much
               ,
               and
               presently
               ;
               when
               the
               Fine
               is
               uncertain
               ,
               little
               ,
               and
               to
               come
               .
            
             
               And
               such
               as
               get
               by
               the
               Injury
               ,
               money
               ;
               by
               the
               penalty
               ,
               shame
               only
               .
            
             
               And
               such
               on
               the
               Contrary
               ,
               as
               get
               honour
               by
               the
               Injury
               ,
               and
               suffer
               the
               mulct
               of
               money
               only
               ,
               or
               banishment
               ,
               or
               the
               like
               .
            
             
               And
               such
               as
               have
               often
               escaped
               ,
               or
               been
               undiscovered
               .
            
             
               And
               such
               as
               have
               often
               attempted
               in
               vain
               .
            
             
               And
               such
               as
               consider
               present
               pleasure
               ,
               more
               than
               pain
               to
               come
               ;
               and
               so
               intemperate
               men
               are
               apt
               to
               do
               Injury
               .
            
             
               And
               such
               as
               consider
               pleasure
               to
               come
               ,
               more
               than
               present
               pain
               ;
               and
               so
               temperate
               men
               are
               apt
               to
               do
               Injury
               .
            
             
               And
               such
               as
               may
               seem
               to
               have
               done
               it
               by
               Fortune
               ,
               Nature
               ,
               Necessity
               ,
               or
               Custom
               ;
               and
               by
               Error
               ,
               rather
               than
               by
               Injustice
               .
            
             
               And
               such
               as
               have
               means
               to
               get
               pardon
               .
            
             
               And
               such
               as
               want
               Necessaries
               ,
               as
               poor
               men
               :
               or
               Unnecessaries
               ,
               as
               rich
               men
               .
            
             
               And
               such
               as
               are
               of
               very
               good
               ,
               or
               very
               bad
               Reputation
               .
            
          
           
             
             
               CHAP.
               XIII
               .
            
             
               
                 Presumptions
                 of
                 Injury
                 drawn
                 from
                 the
                 Persons
                 that
                 suffer
                 ,
                 and
                 from
                 the
                 matter
                 of
                 the
                 Injury
                 .
              
            
             
               OF
               those
               that
               do
               Injury
               ,
               and
               why
               they
               do
               it
               ,
               it
               hath
               been
               already
               spoken
               .
            
             
               Now
               of
               the
               persons
               that
               suffer
               ,
               and
               of
               the
               Matter
               wherein
               they
               suffer
               ,
               the
               
                 common
                 Opinions
              
               are
               these
               :
            
             
               Persons
               obnoxious
               to
               Injury
               are
               ,
            
             
               Such
               as
               have
               the
               things
               that
               we
               want
               ,
               either
               as
               necessary
               ,
               or
               as
               delightful
               .
            
             
               And
               such
               as
               are
               far
               from
               us
               .
            
             
               And
               such
               as
               are
               at
               hand
               .
            
             
               And
               such
               as
               are
               unwary
               ,
               and
               Credulous
               .
            
             
               And
               such
               as
               are
               Lazy
               .
            
             
               And
               such
               as
               are
               Modest.
               
            
             
               And
               such
               as
               have
               swallowed
               many
               Injuries
               .
            
             
               And
               such
               as
               we
               have
               Injured
               often
               before
               .
            
             
               And
               such
               as
               never
               before
               .
            
             
               And
               such
               as
               are
               in
               our
               danger
               .
            
             
               And
               such
               as
               are
               ill
               belov'd
               generally
               .
            
             
               And
               such
               as
               are
               envyed
               .
            
             
               And
               our
               Friends
               .
            
             
               And
               our
               Enemies
               .
            
             
             
               And
               such
               as
               ,
               wanting
               friends
               ,
               have
               no
               great
               ability
               either
               in
               speech
               or
               Action
               .
            
             
               And
               such
               as
               shall
               be
               losers
               by
               going
               to
               Law
               :
               as
               Strangers
               ,
               and
               Workmen
               .
            
             
               And
               such
               as
               have
               done
               the
               Injuries
               they
               suffer
               .
            
             
               And
               such
               as
               have
               committed
               a
               crime
               ,
               or
               would
               have
               done
               ,
               or
               are
               about
               to
               do
               .
            
             
               And
               such
               as
               ,
               by
               doing
               them
               an
               Injury
               ,
               we
               shall
               gratifie
               our
               friends
               or
               superiours
               .
            
             
               And
               such
               ,
               whose
               friendship
               we
               have
               newly
               left
               ,
               and
               accuse
               .
            
             
               And
               such
               as
               another
               would
               do
               the
               Injury
               to
               ,
               if
               we
               should
               not
               .
            
             
               And
               such
               as
               by
               Injuring
               ,
               we
               get
               greater
               means
               of
               doing
               good
               .
            
             
               The
               Matters
               wherein
               men
               are
               obnoxious
               to
               Injury
               are
               ,
            
             
               Those
               things
               wherein
               all
               ,
               or
               most
               men
               use
               to
               deal
               unjustly
               .
            
             
               And
               those
               things
               which
               are
               easily
               hid
               ,
               and
               put
               off
               into
               other
               hands
               ,
               or
               altered
               .
            
             
               And
               those
               things
               which
               a
               man
               is
               ashamed
               to
               have
               suffered
               .
            
             
               And
               those
               things
               wherein
               prosecution
               of
               Injury
               ,
               may
               be
               thought
               a
               love
               of
               contention
               .
            
          
           
             
             
               CHAP.
               XIV
               .
            
             
               
                 Of
                 those
                 things
                 which
                 are
                 necessary
                 to
                 be
                 known
                 for
                 the
                 Definition
                 of
                 Just
                 and
                 Unjust
                 .
              
            
             
               WHen
               the
               fact
               is
               evident
               ,
               the
               next
               Inquiry
               is
               ,
               whether
               it
               be
               Just
               ,
               or
               Vnjust
               .
            
             
               For
               the
               Definition
               of
               Just
               and
               Vnjust
               ,
               we
               must
               know
               what
               Law
               is
               ;
               that
               is
               ,
               what
               the
               
                 Law
                 of
                 Nature
              
               ,
               what
               the
               
                 Law
                 of
                 Nations
              
               ;
               what
               the
               
                 Law
                 Civil
              
               ,
               what
               
                 written
                 Law
              
               ,
               and
               what
               
                 unwritten
                 Law
              
               is
               :
               and
               what
               Persons
               ,
               that
               is
               ,
               what
               a
               
                 publick
                 Person
              
               ,
               or
               the
               City
               is
               ;
               and
               what
               a
               
                 private
                 Person
              
               ,
               or
               Citizen
               is
               .
            
             
               Vnjust
               in
               the
               opinion
               of
               all
               men
               ,
               is
               that
               which
               is
               contrary
               to
               the
               
                 Law
                 of
                 Nature
              
               .
            
             
               Vnjust
               in
               the
               opinion
               of
               all
               men
               of
               those
               Nations
               which
               traffick
               and
               come
               together
               ,
               is
               that
               which
               is
               contrary
               to
               the
               
                 Law
                 common
                 to
                 those
                 Nations
              
               .
            
             
               Vnjust
               only
               in
               one
               Common-wealth
               ,
               is
               that
               which
               is
               contrary
               to
               the
               
                 Law
                 Civil
              
               ,
               or
               Law
               of
               that
               Common-wealth
               .
            
             
               He
               that
               is
               accused
               to
               have
               done
               any
               thing
               against
               the
               Publick
               ,
               or
               a
               
                 private
                 Person
              
               ,
               is
               accused
               to
               do
               it
               either
               ignorantly
               ,
               or
               unwillingly
               ,
               or
               
                 in
                 anger
              
               ,
               or
               
                 upon
                 premeditation
              
               .
            
             
             
               And
               because
               the
               Defendant
               does
               many
               times
               confess
               the
               fact
               ,
               but
               deny
               the
               unjustice
               ;
               as
               that
               he
               took
               ,
               but
               did
               not
               steal
               ;
               and
               did
               ,
               but
               not
               adultery
               ;
               it
               is
               necessary
               to
               know
               the
               Definitions
               of
               
                 Theft
                 ,
                 Adultery
              
               ,
               and
               all
               other
               crimes
               .
            
             
               What
               facts
               are
               contrary
               to
               the
               
                 written
                 Laws
              
               ,
               may
               be
               known
               by
               the
               
                 Laws
                 themselves
              
               .
            
             
               Besides
               
                 written
                 Laws
              
               ,
               whatsoever
               is
               Just
               ,
               proceeds
               from
               Equity
               ,
               or
               Goodness
               .
            
             
               From
               Goodness
               proceeds
               that
               which
               we
               are
               praised
               ,
               or
               honoured
               for
               .
            
             
               From
               Equity
               proceed
               those
               actions
               ,
               which
               though
               the
               
                 written
                 Law
              
               command
               not
               ,
               yet
               being
               interpreted
               reasonably
               ,
               and
               supplyed
               ,
               seems
               to
               require
               at
               our
               hands
               .
            
             
               Actions
               of
               Equity
               are
               such
               as
               these
               .
            
             
               Not
               too
               rigorously
               to
               punish
               Errors
               ,
               Mischances
               ,
               or
               Injuries
               .
            
             
               To
               pardon
               the
               faults
               that
               adhere
               to
               Mankind
               .
            
             
               And
               not
               to
               consider
               the
               Law
               so
               much
               ,
               as
               the
               
                 Law-makers
                 mind
              
               ;
               and
               not
               the
               Words
               so
               much
               ,
               as
               the
               meaning
               of
               the
               Law.
               
            
             
               And
               not
               to
               regard
               so
               much
               the
               Fact
               ,
               as
               the
               intention
               of
               the
               Doer
               ;
               nor
               part
               of
               the
               Fact
               ,
               but
               the
               Whole
               ;
               nor
               what
               the
               Doer
               is
               ,
               but
               what
               he
               
                 has
                 been
              
               always
               ,
               or
               for
               the
               most
               part
               .
            
             
             
               And
               to
               remember
               better
               the
               Good
               received
               ,
               than
               the
               Ill.
               
            
             
               And
               to
               endure
               injuries
               patiently
               .
            
             
               And
               to
               submit
               rather
               to
               the
               sentence
               of
               a
               Judge
               ,
               than
               of
               the
               Sword.
               
            
             
               And
               to
               the
               sentence
               of
               an
               Arbitrator
               ,
               rather
               than
               of
               a
               Judge
               .
            
          
           
             
               CHAP.
               XV.
               
            
             
               
                 Of
                 the
                 Colours
                 or
                 Common
                 Opinions
                 concerning
                 Injuries
                 ,
                 comparatively
                 .
              
            
             
               
                 COmmon
                 Opinions
              
               concerning
               
                 Injuries
                 comparatively
              
               ,
               are
               such
               as
               these
               :
            
             
               Greater
               is
               the
               Injury
               which
               proceed
               from
               greater
               Iniquity
               .
            
             
               And
               from
               which
               proceedeth
               greater
               dammage
               .
            
             
               And
               of
               which
               there
               is
               no
               revenge
               .
            
             
               And
               for
               which
               there
               is
               no
               remedy
               .
            
             
               And
               by
               occasion
               of
               which
               ,
               he
               that
               hath
               received
               the
               Injury
               ,
               hath
               done
               some
               mischief
               to
               himself
               .
            
             
               He
               does
               the
               greater
               Injury
               ,
               that
               does
               it
               first
               ,
               or
               alone
               ,
               or
               with
               few
               :
            
             
               And
               he
               that
               does
               it
               often
               .
            
             
               Greater
               Injury
               is
               that
               ,
               against
               which
               Laws
               and
               Penalties
               were
               first
               made
               .
            
             
             
               And
               that
               which
               is
               more
               brutal
               ,
               or
               more
               approaching
               to
               the
               actions
               of
               beasts
               .
            
             
               And
               that
               which
               is
               done
               upon
               more
               premeditation
               .
            
             
               And
               by
               which
               more
               Laws
               are
               broken
               .
            
             
               And
               which
               is
               done
               in
               the
               place
               of
               Execution
               .
            
             
               And
               which
               is
               of
               greatest
               shame
               to
               him
               that
               receives
               the
               Injury
               .
            
             
               And
               which
               is
               committed
               against
               well
               deservers
               .
            
             
               And
               which
               is
               committed
               against
               the
               
                 unwritten
                 Law
              
               ;
               because
               good
               men
               should
               observe
               the
               Law
               for
               Justice
               ,
               and
               not
               for
               fear
               of
               punishment
               .
            
             
               And
               which
               is
               committed
               against
               the
               
                 written
                 Law
              
               ;
               because
               he
               that
               will
               do
               Injury
               neglecting
               the
               penalty
               set
               down
               in
               the
               
                 written
                 Law
              
               ,
               is
               much
               more
               likely
               to
               transgress
               the
               
                 unwritten
                 Law
              
               ,
               where
               there
               is
               no
               penalty
               at
               all
               .
            
          
           
             
             
               CHAP.
               XVI
               .
            
             
               
                 Of
                 Proofs
                 Inartificial
                 .
              
            
             
               OF
               
                 Artificial
                 Proofs
              
               we
               have
               already
               spoken
               .
            
             
               
                 Inartificial
                 Proofs
              
               ,
               which
               we
               invent
               not
               ,
               but
               make
               use
               of
               ,
               are
               of
               five
               sorts
               .
            
             
               1.
               
               Laws
               .
               And
               those
               are
               Civil
               ,
               or
               
                 written
                 Law
              
               :
               the
               
                 Law
                 or
                 Custom
                 of
                 Nations
              
               :
               and
               the
               
                 universal
                 Law
                 of
                 Nature
              
               .
            
             
               2.
               
               Witness
               .
               And
               those
               are
               such
               as
               concern
               Matter
               ;
               and
               such
               as
               concern
               Manners
               .
               Also
               ,
               they
               be
               ancient
               ,
               or
               present
               .
            
             
               3.
               
               Evidences
               ,
               or
               Writings
               .
            
             
               4.
               
               Question
               ,
               or
               Torture
               .
            
             
               5.
               
               Oaths
               .
               And
               those
               be
               either
               given
               ,
               or
               taken
               ,
               or
               both
               ,
               or
               neither
               .
            
             
               For
               Laws
               ,
               we
               use
               them
               thus
               .
            
             
               When
               the
               
                 written
                 Law
              
               makes
               against
               us
               ,
               we
               appeal
               to
               the
               
                 Law
                 of
                 Nature
              
               ,
               alledging
               ,
               That
               to
               be
               greatest
               Justice
               ,
               which
               is
               greatest
               Equity
               .
            
             
               That
               the
               
                 Law
                 of
                 Nature
              
               is
               immutable
               ;
               the
               
                 written
                 Law
              
               mutable
               .
            
             
               That
               the
               
                 written
                 Law
              
               is
               but
               seeming
               Justice
               ;
               the
               
                 Law
                 of
                 Nature
              
               very
               Justice
               .
               And
               Justice
               is
               among
               those
               things
               which
               are
               ,
               and
               not
               which
               seem
               to
               be
               .
            
             
             
               That
               the
               Judge
               ought
               to
               discern
               between
               true
               and
               adulterate
               Justice
               .
            
             
               That
               they
               are
               better
               men
               that
               obey
               unwritten
               ,
               than
               
                 written
                 Laws
              
               .
            
             
               That
               the
               Law
               against
               us
               does
               contradict
               some
               other
               Law.
               And
               when
               the
               Law
               has
               a
               double
               interpretation
               ,
               that
               is
               ,
               the
               true
               one
               ,
               which
               makes
               for
               us
               .
            
             
               And
               that
               the
               cause
               of
               the
               Law
               being
               abolished
               ,
               the
               Law
               is
               no
               more
               of
               Validity
               .
            
             
               But
               when
               the
               
                 written
                 Law
              
               makes
               for
               us
               ,
               and
               Equity
               for
               the
               Adversary
               ,
               we
               must
               alledge
               ,
            
             
               That
               a
               man
               may
               use
               Equity
               ,
               not
               as
               a
               liberty
               to
               judg
               against
               the
               Law
               ;
               but
               only
               as
               a
               security
               against
               being
               forsworn
               ,
               when
               he
               knows
               not
               the
               Law.
               
            
             
               That
               men
               seek
               not
               Equity
               because
               't
               is
               good
               simply
               ,
               but
               because
               good
               for
               them
               .
            
             
               That
               it
               is
               the
               same
               thing
               not
               to
               make
               ,
               and
               not
               to
               use
               the
               Law.
               
            
             
               That
               as
               in
               other
               Arts
               ,
               and
               namely
               in
               Physick
               ,
               Fallacies
               are
               pernitious
               ;
               so
               in
               a
               Common-wealth
               't
               is
               pernitious
               to
               use
               pretexts
               against
               the
               Law.
               
            
             
               And
               that
               in
               Common-wealths
               well
               instituted
               ,
               to
               seem
               wiser
               than
               the
               Laws
               ,
               is
               prohibited
               .
            
             
               For
               Witnesses
               ,
               we
               must
               use
               them
               thus
               :
            
             
               When
               we
               have
               them
               not
               ,
               we
               must
               stand
               for
               Presumptions
               ,
               and
               say
               ,
            
             
             
               That
               in
               Equity
               sentence
               ought
               to
               be
               given
               according
               to
               the
               most
               probability
               .
            
             
               That
               Presumptions
               are
               the
               testimony
               of
               the
               things
               themselves
               ,
               and
               cannot
               be
               bribed
               .
            
             
               That
               they
               cannot
               lye
               .
            
             
               When
               we
               have
               witnesses
               ,
               against
               him
               that
               has
               them
               not
               ,
               we
               must
               say
               ,
            
             
               That
               Presumptions
               ,
               if
               they
               be
               false
               ,
               cannot
               be
               punished
               .
            
             
               That
               if
               Presumptions
               were
               enough
               ,
               witnesses
               were
               superfluous
               .
            
             
               For
               Writings
               ,
               when
               they
               favour
               us
               ;
               we
               must
               say
               ,
            
             
               That
               Writings
               are
               private
               and
               particular
               Laws
               ;
               and
               he
               that
               takes
               away
               the
               use
               of
               Evidences
               ,
               abolisheth
               the
               Law.
               
            
             
               That
               since
               Contracts
               and
               Negotiations
               pass
               by
               Writings
               ,
               he
               that
               bars
               their
               use
               ,
               dissolves
               humane
               Society
               .
            
             
               Against
               them
               ,
               if
               they
               favour
               the
               Adversary
               ,
               we
               may
               say
               ,
            
             
               That
               since
               Laws
               do
               not
               bind
               ,
               that
               are
               fraudulently
               made
               to
               pass
               ,
               much
               less
               Writings
               .
            
             
               And
               that
               the
               Judge
               being
               to
               dispense
               Justice
               ,
               ought
               rather
               to
               consider
               what
               is
               just
               ,
               than
               what
               is
               in
               the
               Writing
               .
            
             
               That
               Writings
               may
               be
               gotten
               by
               fraud
               or
               force
               ;
               but
               Justice
               by
               neither
               .
            
             
             
               That
               the
               Writing
               is
               repugnant
               to
               some
               
                 Law
                 ,
                 Civil
              
               ,
               or
               Natural
               ;
               or
               to
               Justice
               ;
               or
               to
               Honesty
               .
            
             
               That
               't
               is
               repugnant
               to
               some
               other
               writing
               before
               ,
               or
               after
               .
            
             
               That
               it
               crosses
               some
               commodity
               of
               the
               Judge
               (
               which
               must
               not
               be
               said
               directly
               ,
               but
               implyed
               cunningly
               .
               )
            
             
               For
               the
               Torture
               ,
               if
               the
               giving
               of
               it
               make
               for
               us
               ,
               we
               must
               say
               ,
            
             
               That
               't
               is
               the
               only
               testimony
               that
               is
               certain
               .
            
             
               But
               if
               it
               make
               for
               the
               Adversary
               ,
               we
               may
               say
               .
            
             
               That
               men
               inforced
               by
               Torture
               ,
               speak
               as
               well
               that
               which
               is
               false
               ,
               as
               that
               which
               is
               true
               .
            
             
               That
               they
               who
               can
               endure
               ,
               conceal
               the
               truth
               ;
               and
               they
               who
               cannot
               ,
               say
               that
               which
               is
               false
               to
               be
               delivered
               from
               pain
               .
            
             
               For
               Oaths
               ;
               he
               that
               will
               not
               put
               his
            
             
               Adversary
               to
               his
               Oath
               ,
               may
               alledge
               ,
            
             
               That
               he
               makes
               no
               scruple
               to
               be
               forsworn
               .
            
             
               That
               by
               swearing
               ,
               he
               will
               carry
               the
               cause
               ;
               which
               
                 not
                 swearing
              
               ,
               he
               must
               lose
               .
            
             
               That
               he
               had
               rather
               trust
               his
               cause
               in
               the
               hand
               of
               the
               Judge
               ,
               than
               of
               the
               Adversary
               .
            
             
               He
               that
               refuseth
               to
               
                 take
                 the
                 Oath
              
               ,
               may
               say
               ,
            
             
             
               That
               the
               matter
               is
               not
               worth
               so
               much
               .
            
             
               That
               if
               he
               had
               been
               an
               evil
               man
               ,
               he
               had
               sworn
               ,
               and
               carryed
               his
               cause
               .
            
             
               That
               to
               try
               it
               by
               swearing
               for
               a
               Religious
               man
               against
               an
               irreligious
               ,
               is
               as
               hard
               a
               match
               ,
               as
               to
               set
               a
               weak
               man
               against
               a
               strong
               in
               Combate
               .
            
             
               He
               that
               is
               willing
               to
               
                 take
                 the
                 Oath
              
               ,
               may
               pretend
               .
            
             
               That
               he
               had
               rather
               trust
               himself
               ,
               than
               his
               Adversary
               ;
               and
               that
               't
               is
               equal
               dealing
               for
               an
               irreligious
               man
               to
               give
               ,
               and
               for
               a
               Religious
               man
               to
               
                 take
                 the
                 Oath
              
               .
            
             
               That
               't
               is
               his
               duty
               to
               
                 take
                 the
                 Oath
              
               ,
               since
               he
               has
               required
               to
               have
               
                 sworn
                 Judges
              
               .
            
             
               He
               that
               
                 Offers
                 the
                 Oath
              
               may
               pretend
               ,
            
             
               That
               he
               does
               piously
               commit
               his
               cause
               to
               the
               Gods.
               
            
             
               That
               he
               makes
               his
               Adversary
               himself
               Judge
               .
            
             
               That
               't
               were
               absurd
               for
               him
               
                 not
                 to
                 swear
              
               ,
               that
               has
               required
               the
               Judges
               
                 to
                 be
                 sworn
              
               .
            
             
               And
               of
               these
               are
               to
               be
               compounded
               the
               Forms
               we
               are
               to
               use
               ,
               when
               we
               would
               give
               ,
               and
               
                 not
                 take
                 the
                 Oath
              
               ;
               or
               take
               ,
               and
               
                 not
                 give
              
               ;
               or
               
                 both
                 give
              
               and
               take
               ;
               or
               
                 neither
                 give
                 nor
                 take
              
               .
            
             
               But
               if
               one
               have
               sworn
               contrary
               to
               a
               former
               Oath
               ,
               he
               may
               pretend
               ;
            
             
               That
               he
               was
               forced
               .
            
             
             
               That
               he
               was
               deceived
               ,
               and
               that
               neither
               of
               these
               is
               Perjury
               ,
               since
               Perjury
               is
               voluntary
               .
            
             
               But
               if
               the
               Adversary
               do
               so
               ,
               he
               may
               say
               ;
               That
               he
               that
               stands
               not
               to
               what
               he
               hath
               sworn
               ,
               subverteth
               humane
               society
               .
            
             
               And
               (
               turning
               to
               the
               Judge
               )
               What
               reason
               have
               we
               to
               require
               ,
               that
               you
               should
               be
               sworn
               ,
               that
               judge
               our
               cause
               ;
               when
               we
               will
               not
               stand
               to
               that
               we
               swear
               our selves
               .
            
             
               And
               so
               much
               for
               
                 Proofs
                 inartificial
              
               .
            
          
        
         
           
           
             BOOK
             .
             II.
             
          
           
             
               CHAP.
               I.
               
            
             
               
                 The
                 Introduction
                 .
              
            
             
               OF
               Belief
               proceeding
               from
               our
               Invention
               ,
               that
               part
               which
               consisteth
               in
               proof
               ,
               is
               already
               spoken
               of
               .
            
             
               The
               other
               two
               parts
               follow
               ;
               whereof
               one
               ariseth
               from
               the
               manners
               of
               the
               Speaker
               ;
               the
               other
               from
               the
               passions
               of
               the
               Hearer
               .
            
             
               The
               
                 Principles
                 ,
                 Colours
              
               ,
               or
               
                 Common
                 Opinions
              
               upon
               which
               a
               mans
               belief
               is
               gronnded
               concerning
               the
               manners
               of
               him
               that
               speaks
               ,
               are
               to
               be
               had
               partly
               out
               of
               that
               which
               hath
               been
               said
               before
               concerning
               Vertue
               ,
               Book
               .
               1.
               
               Chap.
               9.
               partly
               out
               of
               those
               things
               which
               shall
               be
               said
               by
               and
               by
               ,
               concerning
               the
               Passions
               .
               For
               a
               man
               is
               believed
               either
               for
               his
               Prudence
               ,
               or
               for
               his
               Probity
               ,
               which
               are
               Vertues
               ;
               or
               for
               
                 good
                 will
              
               :
               of
               which
               among
               the
               Passions
               .
            
             
             
               The
               
                 Principles
                 concerning
                 belief
              
               ,
               arising
               from
               the
               passion
               of
               the
               Hearer
               ,
               are
               to
               be
               gather'd
               from
               that
               which
               shall
               now
               be
               said
               of
               the
               several
               Passions
               in
               order
               .
            
             
               In
               every
               one
               of
               which
               three
               things
               are
               to
               be
               considered
               .
               1.
               
               First
               ,
               how
               men
               are
               affected
               .
               2.
               
               Secondly
               ,
               
                 Towards
                 whom
              
               .
               3.
               
               Thirdly
               ,
               
                 For
                 what
              
               .
            
          
           
             
               CHAP.
               II.
               
            
             
               
                 Of
                 Anger
                 .
              
            
             
               ANger
               is
               desire
               of
               Revenge
               ,
               joyned
               with
               grief
               for
               that
               he
               ,
               or
               some
               of
               his
               ,
               is
               ,
               or
               seems
               to
               be
               neglected
               .
            
             
               The
               object
               of
               Anger
               is
               always
               some
               particular
               ,
               or
               individual
               thing
               .
            
             
               In
               Anger
               there
               is
               also
               pleasure
               proceeding
               from
               the
               imagination
               of
               revenge
               to
               come
               .
            
             
               To
               Neglect
               ,
               is
               to
               esteem
               little
               or
               nothing
               :
               and
               of
               three
               kinds
               .
            
             
               
                 1.
                 
                 Contempt
                 .
              
               
                 2.
                 
                 Crossing
                 .
              
               
                 3.
                 
                 Contumely
                 .
              
            
             
               Contempt
               ,
               is
               when
               a
               man
               thinks
               another
               of
               little
               worth
               in
               comparison
               to
               himself
               .
            
             
               Crossing
               is
               the
               hinderance
               of
               another
               mans
               will
               without
               design
               to
               profit
               himself
               .
            
             
             
               Contumely
               ,
               is
               the
               disgracing
               of
               another
               for
               his
               own
               pastime
               .
            
             
               The
               
                 common
                 Opinions
              
               concerning
               Anger
               are
               therefore
               such
               as
               follow
               .
            
             
               They
               are
               easily
               Angry
               that
               think
               they
               are
               neglected
               .
            
             
               That
               think
               they
               excell
               others
               ;
               as
               the
               Rich
               with
               the
               Poor
               ;
               the
               Noble
               with
               the
               Obscure
               ,
               &c.
               
            
             
               And
               such
               as
               think
               they
               deserve
               well
               .
            
             
               And
               such
               as
               grieve
               to
               be
               hindered
               ,
               opposed
               ,
               or
               not
               assisted
               .
               And
               therefore
               sick
               men
               ,
               poor
               men
               ,
               Lovers
               ,
               and
               generally
               all
               that
               desire
               ,
               and
               attain
               not
               ,
               are
               Angry
               with
               those
               that
               standing
               by
               ,
               are
               not
               moved
               with
               their
               wants
               .
            
             
               And
               such
               as
               having
               expected
               good
               ,
               find
               evil
               .
            
             
               Those
               that
               men
               are
               Angry
               with
               ,
               are
               ,
               Such
               as
               mock
               ,
               deride
               ,
               or
               jest
               at
               them
               .
            
             
               And
               such
               as
               shew
               any
               kind
               of
               Contumely
               ,
               towards
               them
               .
            
             
               And
               such
               as
               despise
               those
               things
               which
               we
               spend
               most
               labour
               and
               study
               upon
               :
               and
               the
               more
               ,
               by
               how
               much
               we
               seem
               the
               less
               advanced
               therein
               .
            
             
               And
               our
               friends
               ,
               rather
               than
               those
               that
               are
               not
               our
               friends
               .
            
             
               And
               such
               as
               have
               honoured
               us
               ,
               if
               they
               continue
               not
               .
            
             
             
               And
               such
               as
               requite
               not
               our
               courtesie
               .
            
             
               And
               such
               as
               follow
               contrary
               courses
               ,
               i●
               they
               be
               our
               inferiors
               .
            
             
               And
               our
               friends
               ,
               if
               they
               have
               said
               ,
               or
               done
               us
               evil
               ,
               or
               not
               good
               .
            
             
               And
               such
               as
               give
               not
               eare
               to
               our
               intreaty
               .
            
             
               And
               such
               as
               are
               joyful
               ,
               or
               calm
               in
               our
               distress
               .
            
             
               And
               such
               as
               troubling
               us
               ,
               are
               not
               themselves
               troubled
               .
            
             
               And
               such
               as
               willingly
               hear
               or
               see
               our
               disgraces
               .
            
             
               And
               such
               as
               neglect
               us
               in
               the
               presence
               of
               our
               Competitors
               ;
               of
               those
               we
               admire
               of
               those
               we
               would
               have
               admire
               us
               ;
               of
               those
               we
               reverence
               ,
               and
               of
               those
               that
               reverence
               us
               .
            
             
               And
               such
               as
               should
               help
               us
               ,
               and
               neglect
               it
               .
            
             
               And
               such
               as
               are
               in
               jest
               ,
               when
               we
               are
               in
               earnest
               .
            
             
               And
               such
               as
               forget
               us
               ,
               or
               our
               Names
               .
            
             
               An
               Orator
               therefore
               must
               so
               frame
               his
               Judg
               or
               Auditor
               by
               his
               Oration
               ;
               as
               to
               make
               him
               apt
               to
               Anger
               :
               and
               then
               make
               his
               Adversary
               appear
               such
               as
               men
               use
               to
               be
               
                 Angry
                 withal
              
               .
            
          
           
             
             
               CHAP.
               III.
               
            
             
               
                 Of
                 Reconciling
                 ,
                 or
                 Pacifying
                 Anger
                 .
              
            
             
               REconciliation
               is
               the
               Appeasing
               of
               Anger
               .
            
             
               Those
               to
               whom
               men
               are
               easily
               reconciled
               ,
               are
               ,
            
             
               Such
               as
               have
               not
               offended
               out
               of
               Neglect
               .
            
             
               And
               such
               as
               have
               done
               it
               against
               their
               will.
               
            
             
               And
               such
               as
               wish
               done
               the
               contrary
               of
               what
               they
               have
               done
               .
            
             
               And
               such
               as
               have
               done
               as
               much
               to
               themselves
               .
            
             
               And
               such
               as
               confess
               and
               repent
               .
            
             
               And
               such
               as
               are
               humbled
               .
            
             
               And
               such
               as
               do
               seriously
               the
               same
               things
               ,
               that
               they
               do
               seriously
               .
            
             
               And
               such
               as
               have
               done
               them
               more
               good
               heretofore
               ,
               than
               now
               hurt
               .
            
             
               And
               such
               as
               sue
               to
               them
               for
               any
               thing
               .
            
             
               And
               such
               as
               are
               not
               insolent
               ,
               nor
               mockers
               ,
               nor
               slighters
               of
               others
               in
               their
               own
               disposition
               .
            
             
               And
               generally
               such
               as
               are
               of
               a
               contrary
               disposition
               to
               those
               ,
               whom
               men
               are
               usually
               angry
               withal
               .
            
             
             
               And
               such
               as
               they
               fear
               or
               reverence
               .
            
             
               And
               such
               as
               reverence
               them
               .
            
             
               And
               such
               as
               have
               offended
               their
               Anger
               .
               Reconcilable
               are
               ,
            
             
               Such
               as
               are
               contrarily
               affected
               to
               those
               whom
               we
               have
               said
               before
               to
               be
               easily
               angry
               .
            
             
               And
               such
               as
               play
               ,
               laugh
               ,
               make
               merry
               ,
               prosper
               ,
               live
               in
               plenty
               ;
               and
               in
               sum
               ,
               all
               that
               have
               no
               cause
               of
               grief
               .
            
             
               And
               such
               as
               have
               given
               their
               anger
               time
               .
               Men
               lay
               down
               their
               Anger
               for
               these
               causes
               .
            
             
               Because
               they
               have
               gotten
               the
               Victory
               .
            
             
               Because
               the
               Offender
               has
               suffered
               more
               than
               they
               meant
               to
               inflict
               .
            
             
               Because
               they
               have
               been
               revenged
               of
               another
               .
            
             
               Because
               they
               think
               they
               suffer
               justly
               .
            
             
               And
               because
               they
               think
               the
               revenge
               will
               not
               be
               felt
               ,
               or
               not
               known
               that
               the
               revenge
               was
               theirs
               ,
               and
               for
               such
               an
               injury
               .
            
             
               And
               because
               the
               Offender
               is
               dead
               .
            
             
               Whosoever
               therefore
               would
               asswage
               the
               anger
               of
               his
               Auditor
               ,
               must
               make
               himself
               appear
               such
               ,
               as
               men
               use
               to
               be
               reconciled
               unto
               :
               and
               beget
               in
               his
               Auditor
               such
               opinions
               ,
               as
               make
               him
               reconcileable
               .
            
          
           
             
             
               CHAP.
               IV.
               
            
             
               
                 Of
                 Love
                 and
                 Friends
                 .
              
            
             
               TO
               Love
               ,
               is
               to
               will
               well
               to
               another
               ,
               and
               that
               for
               others
               ,
               not
               for
               our
               own
               sake
               .
            
             
               A
               Friend
               is
               he
               that
               loves
               ,
               and
               he
               that
               is
               beloved
               .
            
             
               Friends
               one
               to
               another
               ,
               are
               they
               that
               naturally
               love
               one
               another
               .
            
             
               A
               Friend
               therefore
               is
               he
               ,
            
             
               That
               rejoyceth
               at
               anothers
               Good.
               
            
             
               And
               that
               grieves
               at
               his
               hurt
               .
            
             
               And
               that
               wishes
               the
               same
               with
               us
               to
               a
               third
               ,
               whether
               good
               ,
               or
               hurt
               .
            
             
               And
               that
               is
               Enemy
               or
               Friend
               to
               the
               same
               man.
               
            
             
               We
               
                 love
                 them
              
               ,
            
             
               That
               have
               done
               good
               to
               us
               ,
               or
               ours
               ;
               especially
               if
               much
               ,
               readily
               ,
               or
               in
               season
               .
            
             
               That
               are
               our
               Friends
               Friends
               .
            
             
               That
               are
               our
               Enemies
               Enemies
               .
            
             
               That
               are
               Liberal
               .
            
             
               That
               are
               Valiant
               .
            
             
               That
               are
               Just.
               
            
             
               And
               that
               we
               would
               have
               love
               us
               .
            
             
               And
               good
               Companions
               .
            
             
               And
               such
               as
               can
               abide
               Jests
               .
            
             
             
               And
               such
               as
               break
               Jests
               .
            
             
               And
               such
               as
               praise
               us
               ,
               especially
               for
               somewhat
               that
               we
               doubt
               of
               in
               our selves
               .
            
             
               And
               such
               as
               are
               neat
               .
            
             
               And
               such
               as
               upbraid
               us
               not
               with
               our
               vices
               ,
               or
               with
               their
               own
               benefits
               .
            
             
               And
               such
               as
               quickly
               forget
               injuries
               .
            
             
               And
               such
               as
               least
               observe
               our
               Errors
               .
            
             
               And
               such
               as
               are
               not
               of
               ill
               Tongue
               .
            
             
               And
               those
               that
               are
               ignorant
               of
               our
               Vices
               .
            
             
               And
               such
               as
               cross
               us
               not
               when
               we
               are
               busie
               ,
               or
               angry
               .
            
             
               And
               such
               as
               are
               officious
               towards
               us
               .
            
             
               And
               those
               that
               are
               like
               us
               .
            
             
               And
               such
               as
               follow
               the
               same
               course
               or
               trade
               of
               life
               ,
               where
               they
               impeach
               not
               one
               another
               .
            
             
               And
               such
               as
               labour
               for
               the
               same
               thing
               ,
               when
               both
               may
               be
               satisfied
               .
            
             
               And
               such
               as
               are
               not
               ashamed
               to
               tell
               us
               freely
               their
               faults
               ,
               so
               it
               be
               not
               in
               contempt
               of
               us
               ,
               and
               the
               faults
               such
               ,
               as
               the
               World
               ,
               rather
               than
               their
               own
               Consciences
               Condemns
               .
            
             
               And
               such
               as
               are
               ashamed
               to
               tell
               us
               of
               their
               very
               faults
               .
            
             
               And
               such
               as
               we
               would
               have
               honour
               us
               ,
               and
               not
               envie
               ,
               but
               imitate
               us
               .
            
             
               And
               such
               as
               we
               would
               do
               good
               to
               ,
               except
               with
               greater
               hurt
               to
               our selves
               .
            
             
             
               And
               such
               as
               continue
               their
               Friendship
               to
               the
               dead
               .
            
             
               And
               such
               as
               speak
               their
               mind
               .
            
             
               And
               such
               as
               are
               not
               terrible
               .
            
             
               And
               such
               as
               we
               may
               rely
               on
               .
            
             
               The
               several
               kinds
               of
               friendship
               ,
               are
               
                 Society
                 ,
                 Familiarity
                 ,
                 Consanguinity
                 ,
                 Affinity
                 ,
              
               &c.
               
            
             
               The
               things
               that
               beget
               love
               ,
               are
               ,
            
             
               The
               bestowing
               of
               Benefits
               .
               
                 
                   Gratis
                   .
                
                 
                   Vnasked
                   .
                
                 
                   Privately
                   .
                
              
            
          
           
             
               CHAP.
               V.
               
            
             
               
                 Of
                 Enmity
                 and
                 Hatred
                 .
              
            
             
               THE
               Colours
               ,
               or
               
                 Common
                 Opinions
              
               concerning
               Hatred
               are
               to
               be
               taken
               from
               the
               contrary
               of
               those
               ,
               which
               concern
               Love
               and
               Friendship
               .
            
             
               Hatred
               differs
               from
               Anger
               in
               this
               ,
            
             
               That
               Anger
               regards
               only
               what
               is
               done
               to
               ones
               self
               ;
               but
               Hatred
               not
               .
            
             
               And
               in
               this
               ,
               that
               Anger
               regards
               particulars
               only
               ;
               the
               other
               universals
               also
               .
            
             
               And
               in
               this
               ,
               that
               Anger
               is
               curable
               ,
               Hatred
               not
               .
            
             
             
               And
               in
               this
               ,
               that
               Anger
               seeks
               the
               vexation
               ,
               Hatred
               the
               dammage
               of
               ones
               Adversary
               .
            
             
               That
               with
               Anger
               there
               is
               always
               joyned
               Grief
               ;
               with
               Hatred
               not
               always
               .
            
             
               That
               Anger
               may
               at
               length
               be
               satiated
               ,
               but
               Hatred
               never
               .
            
             
               Hence
               it
               appears
               how
               the
               Judge
               or
               Auditor
               may
               be
               made
               Friend
               or
               Enemy
               to
               us
               ;
               and
               how
               our
               Adversary
               may
               be
               made
               appear
               Friend
               or
               Enemy
               to
               the
               Judge
               ;
               and
               how
               we
               may
               answer
               to
               our
               Adversary
               ,
               that
               would
               make
               us
               appear
               Enemies
               to
               him
               .
            
          
           
             
               CHAP.
               VI.
               
            
             
               
                 Of
                 Fear
                 .
              
            
             
               FEar
               is
               a
               trouble
               ,
               or
               vexation
               of
               the
               mind
               ,
               arising
               from
               the
               apprehension
               of
               an
               evil
               at
               hand
               ,
               which
               may
               hurt
               or
               destroy
               .
            
             
               Danger
               is
               the
               nearness
               of
               the
               evil
               feared
               .
            
             
               The
               things
               to
               be
               Feared
               ,
               are
               ,
               Such
               as
               have
               power
               to
               hurt
               .
            
             
               And
               the
               signs
               of
               will
               to
               do
               us
               hurt
               ,
               as
               Anger
               and
               Hatred
               of
               powerful
               men
               .
            
             
               And
               Injustice
               joyned
               with
               power
               .
            
             
               And
               Valour
               provoked
               ,
               joyned
               with
               power
               .
            
             
             
               And
               the
               fear
               of
               powerful
               men
               .
            
             
               The
               men
               that
               are
               to
               be
               feared
               ,
               are
               ,
               Such
               as
               know
               our
               faults
               .
            
             
               And
               such
               as
               can
               do
               us
               Injury
               .
            
             
               And
               such
               as
               think
               they
               are
               injured
               by
               us
               .
            
             
               And
               such
               as
               have
               done
               us
               Injury
               .
            
             
               And
               our
               Competitors
               in
               such
               things
               as
               cannot
               satisfie
               both
               .
            
             
               And
               such
               as
               are
               feared
               by
               more
               powerful
               men
               than
               we
               are
               .
            
             
               And
               such
               as
               have
               destroyed
               greater
               men
               than
               we
               are
               .
            
             
               And
               such
               as
               use
               to
               invade
               their
               inferiours
               .
            
             
               And
               men
               not
               passionate
               ,
               but
               dissemblers
               ,
               and
               crafty
               ,
               are
               more
               to
               be
               feared
               than
               those
               that
               are
               hasty
               and
               free
               .
            
             
               The
               things
               especially
               to
               be
               feared
               ,
               are
               ,
            
             
               Such
               ,
               wherein
               if
               we
               err
               ,
               the
               error
               cannot
               be
               repaired
               ;
               at
               least
               ,
               not
               according
               to
               ours
               ,
               but
               our
               Adversaries
               pleasure
               .
            
             
               And
               such
               as
               admit
               either
               none
               ,
               or
               not
               easie
               help
               .
            
             
               And
               such
               as
               being
               done
               ,
               or
               about
               to
               be
               done
               to
               others
               ,
               make
               us
               pitty
               them
               .
            
             
               They
               that
               
                 fear
                 not
              
               ,
               are
               ,
            
             
               Such
               as
               expect
               not
               evil
               ;
               or
               not
               now
               ;
               or
               not
               this
               ;
               or
               not
               from
               these
               .
            
             
               And
               therefore
               men
               fear
               little
               in
               prosperity
               .
            
             
             
               And
               men
               fear
               little
               that
               think
               they
               have
               suffered
               already
               .
            
             
               An
               Orator
               therefore
               that
               wouldput
               Fear
               into
               the
               Auditor
               ,
               must
               let
               him
               see
               that
               he
               is
               obnoxious
               ;
               and
               that
               greater
               than
               he
               do
               suffer
               ,
               and
               have
               suffer'd
               from
               those
               ,
               and
               at
               those
               times
               they
               least
               thought
               .
            
          
           
             
               CHAP.
               VII
               .
            
             
               
                 Of
                 Assurance
                 .
              
            
             
               ASsurance
               is
               hope
               ,
               arising
               from
               an
               imagination
               that
               the
               help
               is
               near
               ,
               or
               the
               evil
               afar
               off
               .
            
             
               The
               things
               therefore
               that
               beget
               Assurance
               are
               ,
            
             
               The
               remoteness
               of
               those
               things
               that
               are
               to
               be
               feared
               ,
               and
               the
               nearness
               of
               their
               contraries
               .
            
             
               And
               the
               facility
               of
               great
               ,
               or
               many
               helps
               or
               remedies
               .
            
             
               And
               neither
               to
               have
               done
               ;
               nor
               received
               Injury
               .
            
             
               And
               to
               have
               no
               Competitors
               or
               not
               great
               ones
               ,
               or
               if
               great
               ones
               ,
               at
               least
               friends
               ;
               such
               as
               we
               have
               obliged
               ,
               or
               are
               obliged
               to
               .
            
             
               And
               that
               the
               danger
               is
               extended
               to
               more
               ,
               or
               greater
               than
               us
               .
            
             
             
               Assured
               ,
               or
               Confident
               ,
               are
               ,
               They
               that
               have
               oft
               escaped
               danger
               .
            
             
               And
               they
               to
               whom
               most
               things
               have
               succeeded
               well
               .
            
             
               And
               they
               that
               see
               their
               Equals
               ,
               or
               inferiours
               not
               afraid
               .
            
             
               And
               they
               that
               have
               wherewith
               to
               make
               themselves
               feared
               ,
               as
               wealth
               ,
               strength
               ,
               &c.
               
            
             
               And
               such
               as
               have
               done
               others
               no
               wrong
               .
            
             
               And
               such
               as
               think
               themselves
               in
               good
               terms
               with
               God
               Almighty
               .
            
             
               And
               such
               as
               think
               they
               will
               speed
               well
               ,
               that
               are
               gone
               before
               .
            
          
           
             
               CHAP.
               VIII
               .
            
             
               
                 Of
                 Shame
                 .
              
            
             
               SHame
               is
               a
               perturbation
               of
               the
               Mind
               arising
               from
               the
               apprehension
               of
               Evil
               ,
               past
               ,
               present
               ,
               or
               to
               come
               ,
               to
               the
               prejudice
               of
               a
               mans
               own
               ,
               or
               his
               friends
               reputation
               .
            
             
               The
               things
               therefore
               which
               men
               are
               ashamed
               of
               are
               those
               Actions
               which
               proceed
               from
               Vice
               ,
               as
               ,
            
             
               To
               throw
               away
               ones
               Arms
               ;
               to
               run
               away
               ,
               signs
               of
               Cowardliness
               .
            
             
               To
               deny
               that
               which
               is
               committed
               to
               ones
               trust
               ,
               a
               sign
               of
               Injustice
               .
            
             
             
               To
               have
               lyen
               with
               whom
               ,
               where
               ,
               and
               when
               we
               ought
               not
               ,
               signs
               of
               Intemperance
               .
            
             
               To
               make
               gain
               of
               small
               and
               base
               things
               ;
               not
               to
               help
               with
               money
               whom
               and
               how
               much
               we
               ought
               ;
               to
               receive
               help
               from
               meaner
               men
               ;
               to
               ask
               money
               at
               use
               from
               such
               as
               one
               thinks
               will
               borrow
               of
               him
               ;
               to
               borrow
               of
               him
               that
               expects
               payment
               of
               somewhat
               before
               lent
               ;
               and
               to
               redemand
               what
               one
               has
               lent
               ,
               of
               him
               that
               one
               thinks
               will
               borrow
               more
               ;
               and
               so
               to
               praise
               ,
               as
               one
               may
               be
               thought
               to
               ask
               ;
               signs
               of
               Wretchedness
               .
            
             
               To
               praise
               one
               to
               his
               face
               ;
               to
               praise
               his
               vertues
               too
               much
               ,
               and
               colour
               his
               vices
               ;
               Signs
               of
               Flattery
               .
            
             
               To
               be
               unable
               to
               indure
               such
               labours
               as
               men
               indure
               that
               are
               elder
               ,
               tenderer
               ,
               greater
               in
               quality
               ,
               and
               of
               less
               strength
               than
               he
               ,
               signs
               of
               Effeminacy
               .
            
             
               To
               be
               beholden
               often
               to
               another
               ;
               and
               to
               upbraid
               those
               that
               are
               beholding
               to
               him
               ,
               signs
               of
               Pusillanimity
               .
            
             
               To
               speak
               and
               promise
               much
               of
               ones
               self
               more
               than
               his
               due
               ,
               signs
               of
               Arrogance
               .
            
             
               To
               want
               those
               things
               which
               ones
               Equals
               ,
               all
               ,
               or
               most
               of
               them
               have
               attained
               to
               ,
               is
               also
               a
               thing
               to
               be
               
                 ashamed
                 of
              
               .
            
             
               And
               to
               suffer
               things
               ignominious
               ,
               as
               to
               serve
               about
               anothers
               person
               ;
               or
               to
               be
               imployed
               in
               his
               base
               actions
               .
            
             
             
               In
               Actions
               of
               Intemperance
               ,
               whether
               willingly
               ,
               or
               unwillingly
               committed
               ;
               there
               is
               shame
               in
               Actions
               of
               Force
               ,
               only
               when
               they
               are
               done
               unwillingly
               .
            
             
               The
               men
               before
               whom
               we
               are
               ashamed
               ,
               are
               such
               as
               we
               respect
               ;
               namely
               ,
            
             
               Those
               that
               admire
               us
               .
            
             
               And
               those
               whom
               we
               desire
               should
               admire
               us
               .
            
             
               And
               those
               whom
               we
               admire
               .
            
             
               Those
               that
               contend
               with
               us
               for
               Honour
               .
            
             
               Those
               whose
               opinion
               we
               contemn
               not
               .
            
             
               And
               therefore
               men
               are
               most
               ashamed
               in
               the
               presence
               .
            
             
               Of
               old
               and
               well
               bred
               men
               .
            
             
               Of
               those
               we
               are
               always
               to
               live
               with
               .
            
             
               Of
               those
               that
               are
               not
               guilty
               of
               the
               same
               fault
               .
            
             
               Of
               those
               that
               do
               not
               easily
               pardon
               .
            
             
               And
               of
               those
               that
               are
               apt
               to
               reveal
               our
               faults
               ;
               such
               as
               are
               men
               injured
               ,
               Backbiters
               ,
               Scoffers
               ,
               Comick
               Poets
               .
            
             
               And
               of
               those
               before
               whom
               we
               have
               had
               always
               good
               success
               .
            
             
               And
               of
               those
               who
               never
               asked
               any
               thing
               of
               us
               before
               .
            
             
               And
               of
               such
               as
               desire
               our
               Friendship
               .
            
             
               And
               of
               our
               familiars
               ,
               that
               know
               none
               of
               our
               Crimes
               .
            
             
             
               And
               of
               such
               as
               will
               reveal
               our
               faults
               to
               any
               of
               those
               that
               are
               named
               before
               .
            
             
               But
               in
               the
               presence
               of
               such
               whose
               judgment
               most
               men
               despise
               ,
               men
               are
               
                 not
                 ashamed
              
               .
            
             
               Therefore
               we
               are
               ashamed
               also
               in
               the
               presence
            
             
               Of
               those
               whom
               we
               reverence
               .
            
             
               And
               of
               those
               who
               are
               concerned
               in
               our
               own
               ,
               or
               Ancestors
               ,
               or
               Kinsfolks
               actions
               or
               misfortunes
               ,
               if
               they
               be
               shameful
               .
            
             
               And
               of
               their
               Rivals
               .
            
             
               And
               of
               those
               that
               are
               to
               live
               with
               them
               that
               know
               their
               disgrace
               .
            
             
               The
               
                 Common
                 Opinions
              
               concerning
               Impudence
               are
               taken
               from
               the
               contrary
               of
               these
               .
            
          
           
             
               CHAP.
               IX
               .
            
             
               
                 Of
                 Grace
                 ,
                 or
                 Favour
                 .
              
            
             
               GRace
               is
               that
               Vertue
               ,
               by
               which
               a
               man
               is
               said
               to
               do
               a
               good
               turn
               ,
               or
               do
               service
               to
               a
               man
               in
               need
               ;
               not
               for
               his
               own
               but
               for
               his
               cause
               to
               whom
               he
               does
               it
               .
            
             
               Great
               Grace
               is
               when
               the
               need
               is
               great
               ;
               or
               when
               they
               are
               hard
               ,
               or
               difficult
               things
               that
               are
               conferr'd
               ,
               or
               when
               the
               time
               is
               seasonable
               ,
               or
               when
               he
               that
               conferr's
               the
               favour
               is
               the
               only
               ,
               or
               first
               man
               that
               did
               it
               .
            
             
             
               Need
               ,
               is
               a
               desire
               joyned
               with
               grief
               for
               the
               absence
               of
               the
               thing
               desired
               .
            
             
               Grace
               therefore
               it
               is
               not
               ,
               if
               it
               be
               not
               done
               to
               one
               that
               needs
               .
            
             
               Whosoever
               therefore
               would
               prove
               that
               he
               has
               done
               a
               Grace
               ,
               or
               Favour
               ,
               must
               shew
               that
               he
               needeth
               it
               to
               whom
               it
               was
               done
               .
            
             
               Grace
               it
               is
               not
               ,
            
             
               Which
               is
               done
               by
               Chance
               .
            
             
               Nor
               which
               is
               done
               by
               Necessity
               .
            
             
               Nor
               which
               has
               been
               requited
               .
            
             
               Nor
               that
               which
               is
               done
               to
               ones
               Enemy
               .
            
             
               Nor
               that
               which
               is
               a
               trifle
               .
            
             
               Nor
               that
               which
               is
               nought
               ,
               if
               the
               Giver
               know
               the
               fault
               .
            
             
               And
               in
               this
               manner
               a
               man
               may
               go
               over
               the
               Praedicaments
               ,
               and
               examine
               a
               benefit
               ,
               whether
               it
               be
               a
               Grace
               for
               being
               This
               ,
               or
               for
               being
               
                 so
                 Much
              
               ,
               or
               for
               being
               Such
               ,
               or
               for
               being
               
                 Now
                 ,
                 &c.
              
               
            
          
           
             
             
               CHAP.
               X.
               
            
             
               
                 Of
                 Pity
                 ,
                 or
                 Compassion
                 .
              
            
             
               PIty
               is
               a
               perturbation
               of
               the
               mind
               ,
               arising
               from
               the
               apprehension
               of
               hurt
               o●
               trouble
               to
               another
               that
               doth
               not
               deserve
               it
               ,
               and
               which
               he
               thinks
               may
               happen
               to
               himself
               ,
               or
               his
               .
            
             
               And
               because
               it
               appertains
               to
               
                 Pity
                 ,
                 it
              
               think
               that
               he
               ,
               or
               his
               may
               fall
               into
               the
               misery
               he
               pities
               in
               others
               ,
               it
               follows
               that
               they
               be
               most
               compassionate
               ,
            
             
               Who
               have
               passed
               through
               Misery
               .
            
             
               And
               old
               Men.
               
            
             
               And
               weak
               Men.
               
            
             
               And
               timorous
               Men.
               
            
             
               And
               learned
               Men.
               
            
             
               And
               such
               as
               have
               Parents
               ,
               Wife
               ,
               and
               Children
               .
            
             
               And
               such
               as
               think
               there
               be
               honest
               Men.
               And
               that
               they
               are
               Iess
               Compassionate
               .
            
             
               Who
               are
               in
               great
               despair
               .
            
             
               Who
               are
               in
               great
               prosperity
               .
            
             
               And
               they
               that
               are
               Angry
               ;
               for
               they
               consider
               not
               .
            
             
               And
               they
               that
               are
               very
               confident
               ;
               for
               they
               also
               consider
               not
               .
            
             
             
               And
               they
               that
               are
               in
               the
               Act
               of
               contumely
               ;
               for
               neither
               do
               these
               consider
               .
            
             
               And
               they
               that
               are
               astonished
               with
               fear
               .
               And
               they
               that
               think
               no
               Man
               honest
               .
            
             
               The
               things
               to
               be
               pitied
               are
               ,
               Such
               as
               grieve
               ,
               and
               withal
               hurt
               .
               Such
               as
               destroy
               .
            
             
               And
               Calamities
               of
               fortune
               ,
               if
               they
               be
               great
               :
               as
               none
               or
               few
               friends
               ,
               deformity
               ,
               weakness
               ,
               lameness
               ,
               &c.
               
            
             
               And
               evil
               that
               arrives
               where
               good
               is
               expected
               .
            
             
               And
               after
               extream
               Evil
               ,
               a
               little
               Good.
               
            
             
               And
               through
               a
               Mans
               life
               to
               have
               no
               good
               offer
               it self
               ;
               or
               being
               offer'd
               ,
               not
               to
               have
               been
               able
               to
               enjoy
               it
               .
            
             
               Men
               to
               be
               pitied
               are
               ,
            
             
               Such
               as
               are
               known
               to
               us
               ,
               unless
               they
               be
               so
               near
               to
               us
               ,
               as
               their
               hurt
               be
               our
               own
               .
            
             
               And
               such
               as
               be
               of
               our
               own
               years
               .
            
             
               Such
               as
               are
               like
               us
               in
               manners
               .
            
             
               Such
               as
               are
               of
               the
               same
               ,
               or
               like
               stock
               .
            
             
               And
               our
               Equals
               in
               dignity
               .
            
             
               Those
               that
               have
               lately
               suffer'd
               ,
               or
               are
               shortly
               to
               suffer
               injury
               :
               and
               those
               that
               have
               the
               marks
               of
               injury
               past
               .
            
             
               And
               those
               that
               have
               the
               words
               or
               actions
               of
               them
               that
               be
               in
               present
               misery
               .
            
          
           
             
             
               CHAP.
               XI
               .
            
             
               
                 Of
                 Indignation
                 .
              
            
             
               OPposite
               in
               a
               manner
               to
               Pity
               in
               good
               Men
               ,
               is
               Indignation
               ,
               which
               is
               grief
               for
               the
               prosperity
               of
               a
               Man
               unworthy
               .
            
             
               With
               Indignation
               there
               is
               always
               joyned
               a
               joy
               for
               the
               prosperity
               of
               a
               Man
               worthy
               ,
               as
               Pity
               is
               always
               with
               contentment
               in
               the
               adversity
               of
               them
               that
               deserve
               it
               .
            
             
               In
               wicked
               Men
               the
               opposite
               of
               pity
               is
               ,
               Envy
               ;
               as
               also
               the
               companion
               thereof
               ,
               
                 delight
                 in
                 the
                 harm
                 of
                 others
                 ,
              
               which
               the
               Greeks
               in
               one
               word
               have
               called
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               .
               But
               of
               these
               in
               the
               next
               Chapter
               .
            
             
               Men
               conceive
               Indignation
               against
               others
               ,
               not
               for
               their
               vertues
               ,
               as
               Justice
               ,
               &c.
               
            
             
               For
               these
               make
               Men
               worthy
               ;
               and
               in
               Indignation
               we
               think
               Men
               unworthy
               .
            
             
               But
               for
               those
               goods
               which
               men
               indued
               with
               vertue
               ,
               and
               noble
               Men
               ,
               and
               handsome
               Men
               are
               worthy
               of
               .
            
             
               And
               for
               newly
               gotten
               power
               and
               riches
               ,
               rather
               than
               for
               antient
               ,
               and
               especially
               if
               by
               these
               he
               has
               gotten
               other
               goods
               ,
               as
               by
               Riches
               ,
               Command
               .
               The
               reason
               why
               we
               conceive
               greater
               Indignation
               against
               new
               than
               antient
               Riches
               ,
               is
               ,
               that
               the
               former
               seem
               
               to
               possess
               that
               which
               is
               none
               of
               theirs
               .
               But
               the
               antient
               seem
               to
               have
               but
               their
               own
               .
               For
               with
               common
               people
               ,
               to
               have
               been
               so
               long
               ,
               is
               to
               be
               so
               by
               Right
               .
            
             
               And
               for
               the
               bestowing
               of
               goods
               incongruously
               :
               as
               when
               the
               arms
               of
               the
               most
               valiant
               Achilles
               were
               bestowed
               on
               the
               most
               eloquent
               Vlysses
               .
            
             
               And
               for
               the
               comparison
               of
               the
               Inferiour
               in
               the
               same
               thing
               ,
               as
               when
               one
               Valiant
               is
               compared
               with
               a
               more
               Valiant
               ;
               or
               whether
               absolutely
               Superiour
               ,
               as
               when
               a
               good
               Scholer
               is
               compared
               with
               a
               good
               Man.
               
            
             
               Apt
               to
               Indignation
               are
               ,
            
             
               They
               that
               think
               themselves
               worthy
               of
               the
               greatest
               goods
               ,
               and
               do
               possess
               them
               .
            
             
               And
               they
               that
               are
               good
               .
            
             
               And
               they
               that
               are
               ambitious
               .
            
             
               And
               such
               as
               think
               themselves
               deserve
               better
               what
               another
               possesseth
               ,
               than
               he
               that
               hath
               it
               .
            
             
               Least
               apt
               to
               Indignation
               are
               ,
            
             
               Such
               as
               are
               of
               a
               poor
               ,
               servile
               ,
               and
               not
               ambitious
               Nature
               .
            
             
               Who
               they
               are
               ,
               that
               Rejoyce
               ,
               or
               Grieve
               not
               at
               the
               Adversity
               of
               him
               that
               suffers
               worthily
               ,
               and
               in
               what
               occasions
               ,
               may
               be
               gathered
               from
               the
               contrary
               of
               what
               has
               been
               already
               said
               .
            
             
             
               Whosoever
               therefore
               would
               turn
               away
               the
               compassion
               of
               the
               Judge
               ,
               he
               must
               make
               him
               apt
               to
               Indignation
               ;
               and
               shew
               that
               his
               Adversary
               is
               unworthy
               of
               the
               Good
               ,
               and
               worthy
               of
               the
               Evil
               which
               happens
               to
               him
               .
            
          
           
             
               CHAP.
               XII
               .
            
             
               
                 of
                 Envy
                 .
              
            
             
               ENvy
               is
               grief
               ,
               for
               the
               prosperity
               of
               such
               as
               our selves
               ,
               arising
               not
               from
               any
               hurt
               that
               we
               ,
               but
               from
               the
               good
               that
               they
               receive
               .
            
             
               Such
               as
               our selves
               ,
               I
               call
               those
               that
               are
               equal
               to
               us
               in
               blood
               ,
               in
               age
               ,
               in
               abilities
               ,
               in
               glory
               ,
               or
               in
               means
               .
            
             
               They
               are
               apt
               to
               Envy
               ,
            
             
               That
               are
               within
               a
               little
               of
               the
               highest
               .
            
             
               And
               those
               that
               are
               extraordinarily
               honoured
               for
               some
               quality
               that
               is
               singular
               in
               them
               ,
               especially
               Wisdom
               or
               good
               Fortune
               .
            
             
               And
               such
               as
               would
               be
               thought
               wise
               .
            
             
               And
               such
               as
               catch
               at
               glory
               in
               every
               action
               .
            
             
               And
               Men
               of
               poor
               spirits
               :
               for
               every
               thing
               appears
               great
               to
               them
               .
            
             
               The
               things
               which
               Men
               Envy
               in
               others
               are
               ,
            
             
             
               Such
               as
               bring
               Glory
               .
            
             
               And
               goods
               of
               Fortune
               .
            
             
               And
               such
               things
               as
               we
               desire
               for
               our selves
               .
            
             
               And
               things
               in
               the
               possession
               whereof
               we
               exceed
               others
               ,
               or
               they
               us
               a
               little
               .
            
             
               Obnoxious
               to
               Envy
               are
               ,
            
             
               Men
               of
               our
               own
               time
               ,
               of
               our
               own
               Countrey
               ,
               of
               our
               own
               Age
               ,
               and
               Competitors
               of
               our
               Glory
               .
            
             
               And
               therefore
               ,
            
             
               Those
               whom
               we
               strive
               with
               for
               Honour
               .
            
             
               And
               those
               that
               covet
               the
               same
               things
               that
               we
               do
               .
            
             
               And
               those
               that
               get
               quickly
               ,
               what
               we
               hardly
               obtain
               ,
               or
               not
               at
               all
               .
            
             
               And
               those
               that
               attain
               unto
               ,
               or
               do
               the
               things
               that
               turn
               to
               our
               reproach
               ,
               not
               being
               done
               by
               us
               .
            
             
               And
               those
               that
               possess
               what
               we
               have
               possessed
               heretofore
               .
               So
               old
               and
               decayed
               Men
               Envy
               the
               young
               and
               lusty
               .
            
             
               And
               those
               that
               have
               bestowed
               little
               ,
               are
               subject
               to
               be
               Envyed
               by
               such
               as
               have
               bestowed
               much
               upon
               the
               same
               thing
               .
            
             
               From
               the
               contraries
               of
               these
               may
               be
               derived
               the
               Principles
               concerning
               Joy
               for
               other
               Mens
               hurt
               .
            
             
               He
               therefore
               that
               would
               not
               have
               his
               Enemy
               prevail
               ,
               when
               he
               craves
               pity
               ,
               or
               other
               favour
               ;
               must
               dispose
               the
               Judge
               to
               Envy
               ;
               
               and
               make
               his
               Adversary
               appear
               such
               ,
               as
               are
               above
               described
               ,
               to
               be
               subject
               to
               the
               Envy
               of
               others
               .
            
          
           
             
               CHAP.
               XIII
               .
            
             
               
                 Of
                 Emulation
                 .
              
            
             
               EMulation
               is
               grief
               arising
               from
               that
               our
               Equals
               possess
               such
               goods
               as
               are
               had
               in
               honour
               ,
               and
               whereof
               we
               are
               capable
               ,
               but
               have
               them
               not
               ;
               not
               because
               they
               have
               them
               ,
               but
               because
               not
               we
               also
               .
            
             
               No
               Man
               therefore
               Emulates
               another
               in
               things
               whereof
               himself
               is
               not
               capable
               .
            
             
               Apt
               to
               Emulate
               are
               ,
            
             
               Such
               as
               esteem
               themselves
               worthy
               of
               more
               than
               they
               have
               .
            
             
               And
               Young
               and
               Magnanimous
               Men.
               
            
             
               And
               such
               as
               already
               possess
               the
               goods
               for
               which
               Men
               are
               honoured
               :
               for
               they
               measure
               their
               worth
               by
               their
               having
               .
            
             
               And
               those
               that
               are
               esteemed
               worthy
               by
               others
               .
            
             
               And
               those
               whose
               Ancestors
               ,
               Kindred
               ,
               Familiars
               ,
               Nation
               ,
               City
               ,
               have
               been
               eminent
               for
               some
               good
               ,
               do
               Emulate
               others
               for
               that
               good
               .
            
             
               Objects
               of
               Emulation
               are
               ,
               for
               things
               ;
               Vertues
               .
            
             
             
               And
               things
               whereby
               we
               may
               profit
               others
               .
            
             
               And
               things
               whereby
               we
               may
               please
               others
               .
            
             
               For
               Persons
               ,
            
             
               They
               that
               possess
               such
               things
               .
            
             
               And
               such
               as
               many
               desire
               to
               be
               friends
               or
               acquainted
               with
               ,
               or
               like
               unto
               .
            
             
               And
               they
               whose
               praises
               flie
               abroad
               ,
            
             
               The
               contrary
               of
               Emulation
               is
               Contempt
               .
            
             
               And
               they
               that
               Emulate
               such
               as
               have
               the
               goods
               aforementioned
               ,
               Contemn
               such
               as
               have
               them
               not
               :
               and
               thence
               it
               is
               ,
               that
               Men
               who
               live
               happily
               enough
               ,
               unless
               they
               have
               the
               goods
               which
               Men
               honour
               ,
               are
               nevertheless
               Contemned
               .
            
          
           
             
               CHAP.
               XIV
               .
            
             
               
                 Of
                 the
                 Manners
                 of
                 Youth
                 .
              
            
             
               OF
               Passions
               we
               have
               already
               spoken
               .
               We
               are
               next
               to
               speak
               of
               
                 Manners
                 .
                 Manners
              
               are
               distinguished
               by
               
                 Passions
                 ;
                 Habits
                 ,
                 Ages
              
               ,
               and
               Fortunes
               .
            
             
               What
               kind
               of
               Manners
               proceed
               from
               Passions
               ,
               and
               from
               Vertues
               and
               Vices
               (
               which
               are
               Habits
               ,
               )
               hath
               been
               already
               shewed
               .
            
             
               There
               remains
               to
               be
               spoken
               of
               the
               Manners
               ,
               that
               are
               peculiar
               to
               several
               Ages
               and
               Fortunes
               .
            
             
             
               The
               Ages
               are
               
                 Youth
                 ,
                 Middle-Age
                 ,
                 Old
                 Age.
                 
              
            
             
               And
               first
               of
               Youth
               .
            
             
               
                 Young
                 Men
              
               are
               ,
            
             
               Violent
               in
               their
               desires
               .
            
             
               Prompt
               to
               execute
               their
               desires
               .
            
             
               Incontinent
               .
            
             
               Inconstant
               ,
               easily
               forsaking
               what
               they
               desired
               before
               .
            
             
               Longing
               mightily
               ,
               and
               soon
               satisfied
               .
            
             
               Apt
               to
               anger
               ,
               and
               in
               their
               anger
               Violent
               :
               and
               ready
               to
               execute
               their
               anger
               with
               their
               hands
               .
            
             
               Lovers
               of
               Honour
               ,
               and
               of
               Victory
               more
               than
               Money
               ,
               as
               having
               not
               been
               yet
               in
               Want.
               
            
             
               Well
               natured
               ,
               as
               having
               not
               been
               acquainted
               with
               much
               malice
               .
            
             
               Full
               of
               hope
               ,
               both
               because
               they
               have
               not
               yet
               been
               often
               frustrated
               ,
               and
               because
               they
               have
               by
               natural
               heat
               that
               disposition
               that
               other
               Ages
               have
               by
               Wine
               ;
               Youth
               being
               a
               kind
               of
               natural
               drunkenness
               .
               Besides
               ,
               Hope
               is
               of
               the
               time
               to
               come
               ,
               whereof
               Youth
               hath
               much
               ,
               but
               of
               the
               time
               past
               little
               .
            
             
               Credulous
               ,
               because
               not
               yet
               often
               deceived
               .
            
             
               Easily
               deceived
               ,
               because
               full
               of
               Hope
               .
            
             
               Valiant
               ,
               because
               apt
               to
               Anger
               and
               full
               of
               Hope
               ;
               whereof
               this
               begets
               confidence
               ,
               the
               other
               keeps
               off
               Fear
               .
            
             
             
               Bashful
               ,
               because
               they
               estimate
               the
               Honour
               of
               Actions
               by
               the
               precepts
               of
               the
               Law.
               
            
             
               Magnanimous
               ,
               because
               not
               yet
               dejected
               by
               the
               misfortunes
               of
               humane
               life
               .
            
             
               And
               lovers
               of
               Honour
               more
               than
               of
               Profit
               ,
               because
               they
               live
               more
               by
               Custom
               than
               by
               Reason
               ;
               and
               by
               Reason
               we
               acquire
               Profit
               ,
               but
               Vertue
               by
               Custom
               .
            
             
               Lovers
               of
               their
               Friends
               and
               Companions
               .
            
             
               Apt
               to
               err
               in
               the
               excese
               ,
               rather
               than
               the
               defect
               ,
               contrary
               to
               that
               precept
               of
               
                 Chilon
                 ,
                 Ne
                 quid
                 nimis
              
               ;
               for
               they
               overdo
               every
               thing
               :
               they
               Love
               too
               much
               ,
               and
               Hate
               too
               much
               ,
               because
               thinking
               themselves
               wise
               ,
               they
               are
               obstinate
               in
               the
               opinion
               they
               have
               once
               delivered
               .
            
             
               Doers
               of
               Injury
               rather
               for
               Contumely
               than
               for
               dammage
               .
            
             
               Mercifull
               ,
               because
               measuring
               others
               by
               their
               own
               Innocence
               ,
               they
               think
               them
               better
               than
               they
               be
               ,
               and
               therefore
               less
               to
               merit
               what
               they
               suffer
               ;
               which
               is
               a
               cause
               of
               Pity
               .
            
             
               And
               Lovers
               of
               Mirth
               ,
               and
               by
               consequence
               such
               as
               love
               to
               jest
               at
               others
               .
            
             
               Jesting
               is
               witty
               Contumely
               .
            
          
           
             
             
               CHAP.
               XV.
               
            
             
               
                 Of
                 the
                 Manners
                 of
                 Old
                 Men.
                 
              
            
             
               THe
               Manners
               of
               
                 Old
                 Men
              
               are
               in
               a
               manner
               the
               contraries
               of
               those
               of
               Youth
               .
               They
               determine
               nothing
               :
               they
               do
               every
               thing
               less
               vehemently
               than
               is
               fit
               :
               they
               never
               say
               they
               know
               ;
               but
               to
               every
               thing
               they
               say
               ,
               perhaps
               and
               peradventure
               ;
               which
               comes
               to
               pass
               from
               that
               having
               lived
               long
               ,
               they
               have
               often
               mistaken
               and
               been
               deceived
               .
            
             
               They
               are
               peevish
               because
               they
               interpret
               every
               thing
               to
               the
               worst
               .
            
             
               And
               suspicious
               through
               Incredulity
               ,
               and
               Incredulous
               by
               reason
               of
               their
               Experience
               .
            
             
               They
               Love
               and
               Hate
               ,
               as
               if
               they
               meant
               to
               continue
               in
               neither
               .
            
             
               Are
               of
               poor
               spirits
               ,
               as
               having
               been
               humbled
               by
               the
               chances
               of
               life
               .
            
             
               And
               Covetous
               ,
               as
               knowing
               how
               easie
               't
               is
               to
               lose
               ,
               and
               hard
               to
               get
               .
            
             
               And
               Timorous
               ,
               as
               having
               been
               cooled
               by
               years
               .
            
             
               And
               greedy
               of
               life
               :
               for
               good
               things
               seem
               greater
               by
               the
               want
               of
               them
               .
            
             
             
               And
               Lovers
               of
               themselves
               out
               of
               Pusilla●imity
               .
            
             
               And
               seek
               Profit
               more
               than
               Honour
               ,
               because
               they
               love
               themselves
               ;
               and
               Profit
               is
               among
               the
               goods
               that
               are
               not
               simply
               good
               ,
               but
               good
               for
               ones
               self
               .
            
             
               And
               without
               bashfulness
               ,
               because
               they
               despise
               seeming
               .
            
             
               And
               hope
               little
               ;
               knowing
               by
               Experience
               that
               many
               times
               good
               Counsel
               has
               been
               followed
               with
               ill
               event
               ,
               and
               because
               also
               they
               be
               timorous
               .
            
             
               And
               live
               by
               Memory
               rather
               than
               Hope
               ;
               for
               Memory
               is
               of
               the
               time
               past
               ,
               whereof
               
                 Old
                 Men
              
               have
               good
               store
               .
            
             
               And
               are
               full
               of
               Talk
               ,
               because
               they
               delight
               in
               their
               Memory
               .
            
             
               And
               Vehement
               in
               their
               anger
               ;
               but
               not
               stout
               enough
               to
               execute
               it
               .
            
             
               They
               have
               weak
               ,
               or
               no
               desires
               ;
               and
               thence
               seem
               Temperate
               .
            
             
               They
               are
               slaves
               to
               Gain
               .
            
             
               And
               live
               more
               by
               reason
               than
               Custom
               ;
               because
               reason
               leads
               to
               Profit
               ,
               as
               Custom
               to
               that
               which
               is
               Honourable
               .
            
             
               And
               do
               Injury
               to
               indammage
               ,
               and
               not
               in
               Contumely
               .
            
             
               And
               are
               merciful
               by
               Compassion
               ,
               or
               imagination
               of
               the
               same
               Evils
               in
               themselves
               which
               is
               a
               kind
               of
               Infirmity
               ,
               and
               not
               Humanity
               ,
               as
               in
               
                 Young
                 Men
              
               ,
               proceeding
               from
               
               a
               good
               opinion
               of
               those
               that
               suffer
               Evil.
               
            
             
               And
               full
               of
               complaint
               ,
               as
               thinking
               themselves
               not
               far
               from
               Evil
               ,
               because
               of
               their
               Infirmity
               .
            
             
               Seeing
               then
               every
               Man
               loves
               such
               Men
               ,
               and
               their
               discourses
               ,
               which
               are
               most
               agreeable
               to
               their
               own
               Manners
               ;
               't
               is
               not
               hard
               to
               collect
               ,
               how
               the
               Orator
               ,
               and
               his
               Oration
               may
               be
               made
               acceptable
               to
               the
               Hearer
               ,
               whether
               Young
               or
               Old.
               
            
          
           
             
               CHAP.
               XVI
               .
            
             
               
                 Of
                 the
                 Manners
                 of
                 Middle-aged
                 men
                 .
              
            
             
               THe
               Manners
               of
               Middle-aged
               men
               ,
               are
               between
               those
               of
               Youth
               ,
               and
               
                 Old
                 Men
              
               ,
               and
               therefore
               ,
            
             
               They
               neither
               dare
               ,
               nor
               fear
               too
               much
               :
               but
               both
               as
               is
               fit
               .
            
             
               They
               neither
               believe
               all
               ;
               nor
               reject
               all
               ;
               but
               judge
               .
            
             
               They
               seek
               not
               only
               what
               is
               Honourable
               ,
               nor
               only
               what
               is
               Profitable
               ;
               but
               both
               .
            
             
               They
               are
               neither
               Covetous
               ,
               nor
               Prodigal
               ;
               but
               in
               the
               mean.
               
            
             
               They
               are
               neither
               easily
               angry
               ;
               nor
               yet
               stupid
               :
               but
               between
               both
               .
            
             
               They
               are
               Valiant
               ,
               and
               withal
               Temperate
               .
            
             
             
               And
               in
               general
               ,
               whatsoever
               is
               divided
               in
               Youth
               ,
               and
               
                 Old
                 Men
              
               :
               is
               compounded
               in
               Middle-age
               .
            
             
               And
               whereof
               the
               Excess
               ,
               or
               Defect
               is
               in
               Youth
               or
               
                 Old
                 Men
              
               ;
               the
               Mediocrity
               is
               in
               those
               of
               Middle-age
               .
            
             
               Middle-age
               for
               the
               Body
               ,
               I
               call
               the
               time
               from
               thirty
               to
               five
               and
               thirty
               years
               :
               for
               the
               Mind
               ,
               the
               nine
               and
               fortieth
               ,
               or
               thereabouts
               .
            
          
           
             
               CHAP.
               XVII
               .
            
             
               
                 Of
                 the
                 Manners
                 of
                 the
                 Nobility
                 .
              
            
             
               OF
               Manners
               that
               proceed
               from
               the
               several
               Ages
               we
               have
               already
               spoken
               .
            
             
               We
               are
               next
               to
               speak
               of
               those
               that
               rise
               from
               several
               Fortunes
               .
            
             
               The
               Manners
               of
               the
               Nobility
               are
               ,
            
             
               To
               be
               Ambitious
               .
            
             
               To
               undervalue
               their
               Ancestors
               Equals
               .
               For
               the
               goods
               of
               Fortune
               seem
               the
               more
               precious
               for
               their
               Antiquity
               .
            
             
               Nobility
               is
               the
               Vertue
               of
               a
               Stock
               .
            
             
               And
               Generosity
               ,
               is
               not
               to
               degenerate
               from
               the
               vertue
               of
               his
               Stock
               .
            
             
               For
               as
               in
               Plants
               ;
               so
               in
               the
               Races
               of
               Men
               ,
               there
               is
               a
               certain
               progress
               ;
               and
               they
               grow
               better
               and
               better
               to
               a
               certain
               point
               ;
               and
               
               change
               ,
               viz.
               Subtil
               Wits
               into
               Madness
               ;
               and
               staid
               wits
               into
               stupidity
               and
               Blockishness
               .
            
          
           
             
               CHAP.
               XVIII
               .
            
             
               
                 Of
                 the
                 Manners
                 of
                 the
                 Rich.
                 
              
            
             
               RIch
               Men
               are
               Contumelious
               ,
               and
               Proud.
               This
               they
               have
               from
               their
               Riches
               .
               For
               seeing
               every
               thing
               may
               be
               had
               for
               Money
               ,
               having
               Money
               ,
               they
               think
               they
               have
               all
               that
               is
               good
               .
            
             
               And
               Effeminate
               ;
               because
               they
               have
               wherewithal
               to
               subminister
               to
               their
               Lust.
               
            
             
               And
               Boasters
               of
               their
               Wealth
               :
               and
               speak
               in
               high
               terms
               foolishly
               .
               For
               Men
               willingly
               talk
               of
               what
               they
               love
               and
               admire
               ;
               and
               think
               others
               affect
               the
               same
               that
               they
               do
               :
               and
               the
               truth
               is
               ,
               all
               sorts
               of
               Men
               submit
               to
               the
               Rich.
               
            
             
               And
               think
               themselves
               worthy
               to
               command
               ,
               having
               that
               by
               which
               Men
               attain
               Command
               .
            
             
               And
               in
               general
               ,
               they
               have
               the
               Manners
               of
               Fortunate
               Fools
               .
            
             
               They
               do
               Injury
               ,
               with
               intention
               not
               to
               hurt
               ,
               but
               to
               disgrace
               ;
               and
               partly
               also
               through
               Incontinence
               .
            
             
             
               There
               is
               a
               difference
               between
               New
               and
               
                 Ancient
                 Riches
              
               :
               for
               they
               that
               are
               newly
               come
               to
               Wealth
               have
               the
               same
               faults
               in
               a
               greater
               degree
               :
               for
               
                 New
                 Riches
              
               are
               a
               kind
               of
               rudeness
               and
               apprentiship
               of
               Riches
               .
            
          
           
             
               CHAP.
               XIX
               .
            
             
               
                 Of
                 the
                 Manners
                 of
                 Men
                 in
                 Power
                 ,
                 and
                 of
                 such
                 as
                 prosper
                 .
              
            
             
               THe
               Manners
               of
               Men
               in
               Power
               ,
               are
               the
               same
               ,
               or
               better
               than
               those
               of
               the
               Rich.
               
            
             
               They
               have
               a
               greater
               sense
               of
               Honour
               than
               the
               Rich
               ;
               and
               their
               Manners
               are
               more
               Manly
               .
            
             
               They
               are
               more
               Industrious
               than
               the
               Rich
               :
               for
               Power
               is
               sustained
               by
               Industry
               .
            
             
               They
               are
               Grave
               ,
               but
               without
               Austereness
               :
               for
               being
               in
               place
               conspicuous
               ,
               they
               carry
               themselves
               the
               more
               modestly
               ;
               and
               have
               a
               kind
               of
               gentle
               and
               comely
               Gravity
               ,
               which
               the
               Greeks
               call
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               .
            
             
               When
               they
               do
               Injuries
               ,
               they
               do
               great
               ones
               .
            
             
               The
               
                 Manners
                 of
                 Men
                 that
                 prosper
              
               ,
               are
               compounded
               of
               the
               Manners
               of
               the
               Nobility
               ,
               the
               Rich
               ,
               and
               those
               that
               are
               in
               Power
               ,
               for
               to
               some
               of
               these
               all
               Prosperity
               appertains
               .
            
             
             
               Prosperity
               in
               Children
               ,
               and
               goods
               of
               the
               Body
               ,
               make
               Men
               desire
               to
               exceed
               others
               in
               the
               goods
               of
               Fortune
               .
            
             
               Men
               that
               Prosper
               have
               this
               ill
               ,
               to
               be
               more
               proud
               ,
               and
               inconsiderate
               than
               others
               .
            
             
               And
               this
               good
               ;
               that
               they
               worship
               God
               ,
               trusting
               in
               him
               ,
               for
               that
               they
               find
               themselves
               to
               receive
               more
               good
               than
               proceeds
               from
               their
               Industry
               .
            
             
               The
               Manners
               of
               
                 Poor
                 Men
                 ,
                 Obscure
                 Men
                 ,
                 Men
                 without
                 Power
                 ,
              
               and
               
                 Men
                 in
                 Adversity
              
               ,
               may
               be
               collected
               from
               the
               Contrary
               of
               what
               has
               been
               said
               .
            
          
           
             
               CHAP.
               XX.
               
            
             
               
                 Common
                 Places
                 or
                 Principles
                 concerning
                 what
                 May
                 be
                 Done
                 ,
                 what
                 Has
                 been
                 Done
                 ,
                 and
                 what
                 Shall
                 be
                 Done
                 ;
                 or
                 of
                 Fact
                 Possible
                 ,
                 Past
                 and
                 Future
                 .
                 Also
                 of
                 Great
                 and
                 Little.
                 
              
            
             
               WE
               have
               hitherto
               set
               down
               such
               Principles
               as
               are
               peculiar
               to
               several
               kinds
               of
               Orations
               .
            
             
               Now
               we
               are
               to
               speak
               of
               such
               Places
               as
               are
               Common
               to
               them
               all
               ;
               as
               these
               ,
               
                 Possible
                 ,
                 Done
              
               ,
               or
               
                 Past
                 ,
                 Future
                 ,
                 Great
                 ,
                 Small
                 .
              
            
             
               Possible
               is
               that
               ,
            
             
             
               The
               Gontrary
               whereof
               is
               Possible
               .
            
             
               And
               the
               like
               whereof
               is
               Possible
               .
            
             
               And
               then
               which
               some
               harder
               thing
               is
               Possible
               .
            
             
               And
               the
               beginning
               whereof
               is
               Possible
               .
            
             
               And
               the
               end
               whereof
               is
               Possible
               .
            
             
               And
               the
               usual
               consequent
               whereof
               is
               Possible
               .
            
             
               And
               whatsoever
               we
               desire
               .
            
             
               And
               the
               beginning
               whereof
               is
               in
               the
               power
               of
               those
               whom
               we
               can
               either
               compell
               or
               perswade
               .
            
             
               And
               part
               whereof
               is
               Possible
               .
            
             
               And
               part
               of
               the
               whole
               that
               is
               possible
               .
            
             
               And
               the
               General
               if
               a
               Particular
               .
            
             
               And
               a
               Particular
               if
               the
               General
               .
            
             
               And
               of
               Relatives
               ,
               if
               one
               ,
               the
               other
               .
            
             
               And
               that
               which
               without
               Art
               and
               Industry
               is
               Possible
               ,
               is
               much
               more
               so
               with
               Art
               and
               Industry
               .
            
             
               And
               that
               which
               is
               Possible
               to
               Worse
               ,
               Weaker
               ,
               and
               Unskilfuller
               Men
               ,
               is
               much
               more
               so
               to
               Better
               ,
               Stronger
               ,
               and
               more
               Skilful
               .
            
             
               The
               Principles
               concerning
               Impossible
               are
               the
               Contraries
               of
               these
               .
            
             
               That
               Has
               been
               done
               ,
            
             
               Then
               which
               a
               harder
               thing
               has
               been
               Done.
               
            
             
               And
               the
               Consequent
               whereof
               has
               been
               done
               .
            
             
             
               And
               that
               which
               being
               Possible
               ,
               he
               had
               a
               will
               to
               ,
               and
               nothing
               hindered
               .
            
             
               And
               that
               which
               was
               Possible
               ,
               to
               him
               in
               his
               Anger
               .
            
             
               And
               that
               which
               he
               longed
               to
               do
               .
            
             
               And
               that
               which
               was
               before
               upon
               the
               point
               of
               doing
               .
            
             
               And
               whose
               antecedent
               has
               been
               Done
               ;
               or
               that
               ,
               for
               which
               it
               uses
               to
               be
               Done.
               
            
             
               And
               if
               that
               ,
               for
               whose
               cause
               we
               do
               this
               ,
               than
               this
               .
            
             
               The
               Principles
               concerning
               
                 Not
                 done
              
               are
               the
               Contraries
               of
               these
               .
            
             
               That
               Shall
               be
               done
               .
            
             
               Which
               some
               Man
               can
               ,
               and
               means
               to
               do
               .
            
             
               And
               which
               some
               Man
               can
               ,
               and
               desires
               to
               do
               .
            
             
               And
               which
               is
               in
               the
               way
               ,
               and
               upon
               the
               point
               to
               be
               done
               .
            
             
               And
               the
               antecedents
               whereof
               are
               past
               .
            
             
               And
               the
               Motive
               whereof
               is
               past
               .
            
             
               Of
               Great
               and
               
                 Small
                 ,
                 More
              
               and
               Less
               ,
               see
               Chap.
               7.
               
               Book
               .
               1.
               
            
          
           
             
             
               CHAP.
               XXI
               .
            
             
               
                 Of
                 Example
                 ,
                 Similitude
                 ,
                 and
                 Fables
                 .
              
            
             
               OF
               the
               Principles
               both
               general
               and
               special
               from
               whence
               Proofs
               are
               to
               be
               drawn
               ,
               has
               been
               already
               spoken
               .
            
             
               Now
               follow
               the
               Proofs
               themselves
               which
               are
               Examples
               or
               Enthymemes
               .
            
             
               An
               Example
               is
               either
               an
               Example
               properly
               so
               called
               (
               as
               some
               Action
               past
               :
               )
               or
               a
               Similitude
               (
               which
               also
               is
               ,
               called
               a
               Parable
               :
               )
               or
               a
               Fable
               (
               which
               contains
               some
               Action
               feigned
               .
               )
            
             
               An
               Example
               
                 properly
                 so
                 called
                 ,
                 is
                 this
                 ;
                 Darius
              
               came
               not
               into
               Greece
               ,
               till
               he
               had
               first
               subdued
               
                 Aegypt
                 .
                 Xerxes
              
               also
               conquered
               Aegypt
               first
               ;
               then
               afterwards
               crossed
               the
               Hellespont
               .
               We
               ought
               therefore
               to
               hinder
               the
               King
               of
               Persia
               from
               conquering
               Aegypt
               .
            
             
               A
               Similitude
               ,
               or
               Parable
               ,
               
                 is
                 such
                 as
                 followeth
              
               :
               They
               who
               choose
               their
               Magistrates
               by
               Lot
               ,
               are
               like
               them
               that
               choose
               for
               their
               Champions
               those
               on
               whom
               the
               Lot
               shall
               fall
               ,
               rather
               than
               those
               who
               have
               the
               greatest
               strength
               ;
               and
               for
               their
               Pilot
               ,
               not
               him
               that
               hath
               skill
               ;
               but
               him
               whose
               name
               is
               drawn
               out
               of
               the
               Vrne
               .
            
             
               A
               Fable
               
                 is
                 in
                 this
                 manner
              
               .
               The
               Horse
               desiring
               to
               drive
               out
               the
               Stag
               from
               his
               common
               
            
             
             
               Such
               as
               are
               not
               manifest
               ;
               are
               either
               Conclusions
               of
               Enthymemes
               ;
               as
            
             
               He
               that
               's
               wise
               will
               not
               suffer
               his
               Children
               ,
               &c.
               
            
             
               Or
               else
               are
               Enthymematical
               ;
               that
               is
               ;
               have
               in
               themselves
               the
               force
               of
               an
               Enthymeme
               ;
               as
            
             
               Mortal
               Men
               ought
               not
               to
               carry
               Immortal
               Anger
               .
            
             
               A
               Sentence
               not
               Manifest
               ,
               ought
               to
               be
               either
               Inferr'd
               ,
               or
               Confirm'd
               .
            
             
               
                 Inferr'd
                 thus
              
               .
            
             
               'T
               is
               not
               good
               to
               be
               effeminately
               minded
               ,
               nor
               to
               be
               envyed
               by
               ones
               fellow
               Citizens
               .
               A
               wise
               Man
               therefore
               will
               not
               have
               his
               Children
               over-learned
               .
            
             
               
                 Confirm'd
                 thus
              
               .
            
             
               A
               wise
               Man
               will
               not
               have
               his
               Children
               over-learned
               ,
               seeing
               too
               much
               Learning
               both
               softens
               a
               Mans
               mind
               ,
               and
               procures
               him
               envy
               among
               his
               fellow
               Citizens
               .
            
             
               If
               a
               reason
               be
               added
               to
               a
               manifest
               Sentence
               let
               it
               be
               short
               .
            
             
               Sentences
               become
               not
               every
               Man
               ;
               but
               only
               old
               Men
               ,
               and
               such
               as
               be
               well
               versed
               in
               business
               .
               For
               to
               hear
               a
               young
               Man
               speak
               Sentencee
               ,
               is
               ridiculous
               ;
               and
               to
               hear
               an
               ignorant
               Man
               speak
               Sentences
               ,
               is
               absurd
               .
            
             
               Sentences
               generally
               received
               ,
               when
               they
               are
               for
               our
               purpose
               ,
               ought
               not
               to
               be
               neglected
               ,
               because
               they
               pass
               for
               truths
               .
               And
               
               yet
               they
               may
               be
               denyed
               ,
               when
               any
               laudable
               custom
               ,
               or
               humour
               may
               thereby
               be
               made
               appear
               in
               the
               Denyer
               .
            
             
               The
               commodities
               of
               Sentences
               ,
               are
               two
               .
            
             
               One
               proceeding
               from
               the
               Vanity
               of
               the
               Hearer
               ,
               who
               takes
               for
               true
               universally
               affirmed
               ,
               that
               which
               he
               has
               found
               for
               true
               only
               in
               some
               particular
               ;
               and
               therefore
               a
               Man
               ought
               to
               consider
               in
               every
               thing
               what
               opinion
               the
               Hearer
               holds
               .
            
             
               Another
               is
               ,
               that
               Sentences
               do
               discover
               the
               manners
               and
               disposition
               of
               the
               speaker
               ;
               so
               that
               if
               they
               be
               esteemed
               good
               Sentences
               ,
               he
               shall
               be
               esteemed
               a
               good
               Man
               ;
               and
               if
               evil
               ,
               an
               evil
               Man.
               
            
             
               Thus
               much
               of
               Sentences
               ,
               what
               they
               be
               ;
               of
               how
               many
               sorts
               ;
               how
               to
               be
               used
               ;
               whom
               they
               become
               ;
               and
               what
               is
               their
               profit
               .
            
          
           
             
             
               CHAP.
               XXIII
               .
            
             
               
                 Of
                 the
                 Invention
                 of
                 Enthymemes
                 .
              
            
             
               SEeing
               an
               Enthymeme
               differs
               from
               a
               
                 Logical
                 Syllogisme
              
               ,
               in
               that
               it
               neither
               concludes
               out
               of
               every
               thing
               ,
               nor
               out
               of
               remote
               Principles
               ;
               the
               Places
               of
               it
               ,
               from
               whence
               a
               Man
               may
               argue
               ought
               to
               be
               certain
               ,
               and
               determinate
               .
            
             
               And
               because
               whosoever
               makes
               a
               
                 Syllogisme
                 Rhetorical
              
               ,
               or
               other
               ,
               should
               know
               all
               ,
               or
               the
               most
               part
               of
               that
               which
               is
               in
               question
               ;
               as
               ,
               whosoever
               is
               to
               advise
               the
               Athenians
               in
               the
               question
               ,
               whether
               they
               are
               to
               make
               War
               or
               no
               ,
               must
               know
               what
               their
               Revenues
               be
               ;
               what
               ,
               and
               what
               kind
               of
               power
               they
               have
               :
               and
               he
               that
               will
               praise
               them
               ,
               must
               know
               their
               acts
               at
               
                 Salamis
                 ,
                 Marathon
              
               ,
               &c.
               
               It
               will
               be
               necessary
               for
               a
               good
               speaker
               to
               have
               in
               readiness
               the
               choicest
               particulars
               of
               whatsoever
               he
               foresees
               he
               may
               speak
               of
               .
            
             
               He
               that
               is
               to
               speak
               
                 ex
                 tempore
              
               ,
               must
               comprehend
               in
               his
               speech
               as
               much
               as
               he
               can
               of
               what
               is
               most
               proper
               in
               the
               matter
               in
               hand
               .
            
             
               Proper
               ,
               I
               call
               those
               things
               which
               are
               least
               common
               to
               others
               ;
               as
               ,
               he
               that
               will
               praise
               Achilles
               ,
               is
               not
               to
               declare
               such
               things
               
               as
               are
               common
               both
               to
               him
               ,
               and
               Diomedes
               ;
               as
               that
               he
               was
               a
               Prince
               ,
               and
               Warred
               against
               the
               Trojans
               ;
               but
               such
               things
               as
               are
               proper
               only
               to
               Achilles
               ;
               as
               that
               he
               killed
               Hector
               and
               Cygnus
               ;
               went
               to
               the
               War
               young
               ,
               and
               Voluntary
               .
            
             
               Let
               this
               therefore
               be
               one
               general
               Place
               ,
               from
               
                 that
                 which
                 is
                 proper
              
               .
            
          
           
             
               CHAP.
               XXIV
               .
            
             
               
                 Of
                 the
                 Places
                 of
                 Enthymemes
                 Ostensive
                 .
              
            
             
               FOrasmuch
               as
               Enthymemes
               either
               infer
               truly
               ,
               or
               seem
               only
               so
               to
               do
               ;
               and
               they
               which
               do
               infer
               indeed
               ,
               be
               either
               Ostensive
               ;
               or
               such
               as
               bring
               a
               Man
               to
               some
               impossibility
               ;
               we
               will
               first
               set
               down
               the
               Places
               of
               
                 Enthymemes
                 Ostensive
              
               .
            
             
               And
               
                 Ostensive
                 Enthymeme
              
               is
               ,
               wherein
               a
               Man
               concludes
               the
               question
               from
               somewhat
               granted
               .
            
             
               That
               Enthymeme
               which
               brings
               a
               Man
               to
               an
               impossibility
               ,
               is
               an
               Enthymeme
               wherein
               from
               that
               which
               the
               Adversary
               maintaineth
               ,
               we
               conclude
               that
               which
               is
               manifestly
               impossible
               .
            
             
               All
               Places
               have
               been
               already
               set
               down
               in
               a
               manner
               in
               the
               precedent
               Propositions
               of
               
                 Good
                 ,
                 Evil
                 ,
                 Just
                 ,
                 Vnjust
                 ,
                 Honourable
              
               and
               
               Dishonourable
               :
               namely
               ,
               they
               have
               been
               set
               down
               as
               applyed
               to
               particular
               Subjects
               ,
               or
               in
               Concrete
               .
            
             
               Here
               they
               are
               to
               be
               set
               down
               in
               another
               manner
               ;
               namely
               in
               the
               Abstract
               or
               Vniversal
               .
            
             
               The
               first
               Place
               then
               let
               be
               from
               Contraries
               ,
               which
               in
               the
               Concrete
               or
               Particulars
               is
               exemplified
               thus
               .
               
                 If
                 Intemperance
                 be
                 hurtful
                 ,
                 Temperance
                 is
                 profitable
                 :
                 and
                 if
                 Intemperance
                 be
                 not
                 hurtful
                 ;
                 neither
                 is
                 Temperance
                 profitable
                 .
              
            
             
               Another
               Place
               may
               be
               from
               Cognomination
               or
               affinity
               of
               words
               :
               as
               in
               this
               Particular
               .
               
                 If
                 what
                 is
              
               Just
               be
               Good
               ;
               
                 then
                 what
                 is
              
               Justly
               is
               well
               :
               but
               Justly
               
                 to
                 die
                 is
              
               not
               well
               :
               
                 therefore
                 not
                 all
                 that
                 is
              
               Just
               is
               Good.
               
            
             
               A
               third
               from
               Relatives
               ;
               as
               ,
               
                 This
                 Man
                 has
                 Justly
              
               Done
               ,
               
                 therefore
                 the
                 other
                 has
                 Justly
              
               suffered
               .
               But
               this
               Place
               sometimes
               deceives
               for
               a
               Man
               may
               suffer
               justly
               ,
               yet
               not
               from
               him
               .
            
             
               A
               fourth
               from
               Comparison
               ,
               three
               ways
               .
            
             
               From
               the
               
                 Great
                 to
                 the
                 Less
              
               ;
               as
               ,
               
                 He
                 has
                 stricken
                 his
              
               Father
               ;
               
                 and
                 therefore
              
               this
               Man.
               
            
             
               
                 From
                 the
              
               Less
               to
               the
               Greater
               :
               as
               ,
               The
               Gods
               know
               not
               all
               things
               ;
               much
               less
               Man.
               
            
             
               From
               Equality
               :
               
                 as
                 ,
                 If
                 Captains
              
               be
               not
               always
               the
               worse
               esteemed
               for
               losing
               a
               Victory
               ;
               why
               should
               Sophisters
               ?
            
             
             
               
                 Another
                 from
                 the
              
               Time
               :
               as
               Philip
               
                 to
                 the
              
               Thebans
               :
               If
               I
               had
               required
               to
               pass
               through
               your
               Country
               with
               my
               Army
               ,
               before
               I
               had
               ●ayded
               you
               against
               the
               Phocaeans
               ,
               there
               is
               no
               doubt
               but
               you
               would
               have
               promised
               it
               me
               .
               It
               is
               absurd
               therefore
               to
               deny
               it
               me
               now
               ,
               after
               I
               have
               trusted
               you
               :
            
             
               
                 A
                 Sixth
                 from
              
               what
               the
               adversary
               says
               of
               himself
               :
               
                 as
                 ,
                 Iphicrates
              
               asked
               Aristophon
               ,
               whether
               he
               would
               take
               a
               Bribe
               to
               betray
               the
               Army
               :
               and
               he
               answering
               no
               ;
               What
               (
               says
               he
               )
               is
               it
               likely
               that
               Iphicrates
               would
               betray
               the
               Army
               ;
               and
               Aristophon
               not
               ?
            
             
               This
               Place
               would
               be
               ridiculous
               ,
               where
               the
               Defendant
               were
               not
               in
               much
               more
               estimation
               than
               the
               accuser
               .
            
             
               
                 A
                 seventh
                 from
                 the
              
               Definition
               ;
               
                 as
                 that
                 of
              
               Socrates
               ;
               A
               Spirit
               is
               either
               God
               ,
               or
               the
               Creature
               of
               God
               :
               and
               therefore
               he
               denies
               not
               that
               there
               is
               a
               God
               ,
               that
               confesses
               there
               are
               Spirits
               .
            
             
               An
               eighth
               from
               the
               
                 distinction
                 of
                 an
                 ambiguous
                 word
              
               .
            
             
               
                 A
                 Ninth
                 from
              
               Division
               :
               as
               ,
               If
               all
               Men
               do
               what
               they
               do
               for
               one
               of
               three
               causes
               ,
               whereof
               two
               are
               impossible
               ;
               and
               the
               Accuser
               charge
               not
               the
               Defendant
               with
               the
               third
               ;
               it
               follows
               that
               he
               has
               not
               done
               it
               .
            
             
               
                 A
                 Tenth
                 from
              
               Induction
               :
               as
               ,
               At
               Athens
               ,
               at
               Thebes
               ,
               at
               
                 Sparta
                 ,
                 &c.
              
               
               And
               therefore
               every
               where
               .
            
             
             
               
                 An
                 Eleventh
                 from
              
               Authority
               ,
               
                 or
                 precedent
                 sentence
                 ;
                 as
                 that
                 of
              
               Sappho
               ,
               that
               Death
               is
               evil
               ,
               for
               that
               the
               Gods
               have
               judged
               it
               so
               ,
               in
               exempting
               themselves
               from
               mortality
               .
            
             
               
                 A
                 Twelfth
                 from
                 the
              
               Consequence
               :
               as
               ,
               'T
               is
               not
               good
               to
               be
               envied
               ;
               Therefore
               neither
               to
               be
               Learned
               .
               'T
               is
               good
               to
               be
               wise
               ,
               therefore
               also
               to
               be
               instructed
               .
            
             
               
                 A
                 Thirteenth
                 from
              
               two
               contrary
               Consequences
               ;
               as
               ,
               'T
               is
               not
               good
               to
               be
               an
               Orator
               ,
               because
               if
               he
               speak
               the
               truth
               ,
               he
               shall
               displease
               Men
               :
               If
               he
               speak
               falsely
               ,
               he
               shall
               displease
               God.
               
            
             
               
                 Here
                 is
                 to
                 be
                 noted
                 ,
                 that
                 sometimes
                 this
                 argument
                 may
                 be
                 retorted
                 :
                 as
                 thus
                 ,
              
               If
               you
               speak
               truth
               ,
               you
               shall
               please
               God
               ;
               if
               you
               speak
               untruth
               you
               shall
               please
               Men
               ;
               therefore
               by
               all
               means
               be
               an
               Orator
               .
            
             
               
                 A
                 Fourteenth
                 from
                 the
              
               quality
               that
               Men
               have
               to
               praise
               one
               thing
               ,
               and
               approve
               another
               ▪
               as
               ,
               We
               ought
               not
               to
               War
               against
               the
               Athenians
               upon
               no
               precedent
               injury
               ;
               for
               all
               Men
               discommend
               injustice
               .
               Again
               ,
               We
               ought
               to
               War
               against
               the
               Athenians
               ;
               for
               otherwise
               our
               Liberty
               is
               at
               their
               mercy
               ,
               that
               is
               ,
               is
               no
               Liberty
               :
               but
               the
               preservation
               of
               Liberty
               is
               a
               thing
               that
               all
               Men
               will
               approve
               .
            
             
               
                 A
                 Fifteenth
                 from
              
               Proportion
               :
               as
               ,
               seeing
               we
               naturalize
               strangers
               for
               their
               virtues
               ,
               why
               should
               we
               not
               Banish
               this
               stranger
               for
               his
               vices
               ?
            
             
             
               
                 A
                 Sixteenth
                 from
              
               the
               similitude
               of
               Consequents
               :
               as
               ,
               He
               that
               denies
               the
               immortality
               of
               the
               Gods
               ,
               is
               no
               worse
               than
               he
               that
               has
               Written
               the
               generation
               of
               the
               Gods.
               For
               the
               same
               Consequence
               follows
               of
               both
               ,
               that
               sometimes
               there
               are
               none
               .
            
             
               
                 A
                 Seventeenth
                 from
              
               that
               ,
               that
               Men
               change
               their
               mind
               :
               as
               ,
               If
               when
               we
               were
               in
               Banishment
               ,
               we
               fought
               to
               recover
               our
               Countrey
               ,
               why
               should
               we
               not
               fight
               now
               to
               retain
               it
               ?
            
             
               
                 An
                 Eighteenth
                 from
              
               a
               fained
               end
               :
               as
               ,
               that
               Diomedes
               chose
               Ulysses
               to
               go
               with
               him
               ,
               not
               as
               more
               Valiant
               than
               another
               ;
               but
               as
               one
               that
               would
               partake
               less
               of
               the
               Glory
               .
            
             
               
                 A
                 Nineteenth
                 from
                 the
              
               Cause
               ;
               
                 as
                 if
                 he
                 would
                 infer
                 he
                 did
                 it
                 from
                 this
                 ,
              
               that
               he
               had
               cause
               to
               do
               it
               .
            
             
               
                 A
                 Twentieth
                 from
              
               that
               which
               is
               Incredible
               ,
               but
               True
               :
               as
               ,
               that
               Laws
               may
               need
               a
               Law
               to
               mend
               them
               ;
               as
               well
               as
               Fish
               Bred
               in
               the
               salt
               Water
               ,
               may
               need
               salting
               .
            
          
           
             
             
               CHAP.
               XXV
               .
            
             
               
                 Of
                 the
                 Places
                 of
                 Enthymemes
                 that
                 lead
                 to
                 I●possibility
                 .
              
            
             
               
                 LEt
                 the
                 first
              
               Place
               
                 be
                 from
              
               inspection
               〈◊〉
               Times
               ,
               Actions
               ,
               or
               Words
               ,
               
                 either
                 of
              
               the
               Adversary
               ,
               
                 or
                 of
                 the
              
               Speaker
               ,
               or
               Both.
               O●
               the
               Adversary
               ;
               as
               ,
               He
               says
               ,
               he
               loves
               the
               People
               ,
               and
               yet
               he
               was
               in
               the
               conspiracy
               of
               the
               Thirty
               .
               
                 Of
                 the
              
               Speaker
               ;
               as
               ,
               He
               says
               ,
               I
               am
               contentious
               ,
               and
               yet
               I
               never
               began
               Suit.
               Of
               Both
               ;
               as
               He
               never
               conferr'd
               any
               thing
               to
               the
               benefit
               of
               the
               Commonwealth
               ,
               whereas
               I
               have
               ransomed
               divers
               Citizens
               with
               mine
               own
               Money
               .
            
             
               A
               Second
               from
               
                 shewing
                 the
                 cause
                 of
                 that
                 which
                 seemed
                 amiss
                 ,
              
               and
               serves
               for
               Men
               of
               good
               reputation
               that
               are
               accused
               ;
               as
               ,
               The
               Mother
               that
               was
               accused
               of
               Incest
               for
               being
               seen
               Imbracing
               her
               Son
               ,
               was
               absolved
               as
               soon
               as
               she
               made
               appear
               ,
               that
               she
               imbraced
               him
               upon
               his
               arrival
               from
               far
               ,
               by
               way
               of
               Salutation
               .
            
             
               A
               Third
               ,
               from
               
                 rendring
                 of
                 the
                 cause
              
               ;
               as
               ,
               Leodamas
               .
               to
               whom
               it
               was
               objected
               ,
               that
               he
               had
               ,
               under
               the
               Thirty
               Tyrants
               ,
               defaced
               the
               Inscription
               (
               which
               the
               People
               had
               set
               up
               in
               a
               Pillar
               )
               of
               his
               Ignominy
               ;
               answered
               ,
               
               
                 He
                 had
                 not
                 done
                 it
                 ;
                 because
                 it
                 would
                 have
                 been
                 more
                 to
                 his
                 commodity
                 to
                 let
                 it
                 stand
                 ;
                 thereby
                 to
                 indear
                 himself
                 to
                 the
                 Tyrants
                 ,
                 by
                 the
                 Testimony
                 of
                 the
                 Peoples
                 hatred
                 .
              
            
             
               
                 A
                 Fourth
                 from
              
               better
               Counsel
               ;
               as
               ,
               He
               might
               have
               done
               better
               for
               himself
               ;
               therefore
               he
               did
               not
               this
               .
               
                 But
                 this
              
               Place
               
                 deceives
                 ,
                 when
                 the
              
               better
               Counsel
               
                 comes
                 to
                 mind
                 after
                 the
                 Fact.
                 
              
            
             
               
                 A
                 Fifth
                 ,
                 from
              
               the
               Incompatibility
               of
               the
               things
               to
               be
               done
               ;
               
                 as
                 ,
                 They
                 that
                 did
                 deliberate
                 whether
                 they
                 should
                 both
                 Mourn
                 and
                 Sacrifice
                 at
                 the
                 Funeral
                 of
              
               Leucothea
               ,
               
                 were
                 told
                 ,
                 that
              
               if
               they
               thought
               her
               a
               Goddess
               ,
               they
               ought
               not
               to
               Mourn
               ;
               and
               if
               they
               thought
               her
               a
               Mortal
               ,
               they
               ought
               not
               to
               Sacrifice
               .
            
             
               
                 A
                 Sixth
                 (
                 which
                 is
                 proper
                 to
              
               Judicial
               
                 Orations
                 )
                 from
              
               an
               Inference
               of
               Errour
               ;
               as
               ,
               If
               he
               did
               it
               not
               ,
               he
               was
               not
               wise
               ,
               therefore
               he
               did
               it
               .
            
             
               Enthymemes
               that
               lead
               to
               Impossibility
               ,
               please
               more
               than
               Ostensive
               :
               for
               they
               compare
               ,
               and
               put
               contraries
               together
               ,
               whereby
               they
               are
               the
               better
               set
               off
               ,
               and
               more
               conspicuous
               to
               the
               Auditor
               .
            
             
               Of
               all
               Enthymemes
               ,
               they
               be
               best
               ,
               which
               we
               assent
               to
               as
               soon
               as
               hear
               .
               For
               such
               consent
               pleaseth
               us
               ;
               and
               makes
               us
               favourable
               to
               the
               speaker
               .
            
          
           
             
             
               CHAP.
               XXVI
               .
            
             
               
                 Of
                 the
                 Places
                 of
                 seeming
                 Enthymemes
                 .
              
            
             
               OF
               
                 seeming
                 Enthymemes
              
               ,
               one
               Place
               may
               be
               from
               
                 the
                 Form
                 of
                 speaking
              
               ;
               as
               when
               a
               Man
               has
               repeated
               divers
               Sentences
               ,
               he
               brings
               in
               his
               Conclusion
               ,
               as
               if
               it
               follow'd
               necessarily
               ,
               though
               it
               do
               not
               .
            
             
               A
               Second
               from
               
                 an
                 ambiguous
                 word
              
               .
            
             
               
                 A
                 Third
                 from
              
               that
               which
               is
               true
               divided
               ,
               to
               that
               which
               is
               false
               joyned
               ;
               
                 as
                 that
                 of
              
               Orestes
               ,
               It
               was
               justice
               that
               I
               should
               Revenge
               my
               Fathers
               death
               ,
               and
               it
               was
               justice
               my
               Mother
               should
               die
               for
               killing
               my
               Father
               ,
               therefore
               I
               justly
               killed
               my
               Mother
               .
               
                 Or
                 from
                 that
              
               which
               is
               true
               joyned
               ,
               to
               that
               which
               is
               false
               divided
               ;
               as
               ,
               one
               cup
               of
               Wine
               ,
               and
               one
               cup
               of
               Wine
               ,
               are
               hurtful
               ;
               therefore
               one
               cup
               of
               Wine
               is
               hurtful
               .
            
             
               A
               Fourth
               from
               
                 Amplification
                 of
                 the
                 Crime
              
               .
               For
               neither
               is
               the
               Defendant
               likely
               to
               have
               committed
               the
               Crime
               he
               amplifies
               ;
               nor
               does
               the
               Accuser
               seem
               ,
               when
               he
               is
               Passionate
               ,
               to
               want
               ground
               for
               his
               Accusation
               .
            
             
               A
               Fifth
               from
               signs
               ;
               as
               ,
               when
               a
               Man
               concludes
               the
               doing
               of
               the
               Fact
               from
               the
               manner
               of
               his
               life
               .
            
             
             
               A
               Sixth
               from
               
                 that
                 which
                 comes
                 by
                 chance
              
               ,
               as
               if
               from
               this
               ,
               that
               the
               Tyranny
               of
               Hipparthus
               came
               to
               be
               overthrown
               from
               the
               love
               of
               Aristogeiton
               to
               Harmodius
               ,
               a
               Man
               should
               conclude
               ,
               that
               in
               a
               free
               Commonwealth
               loving
               of
               Boyes
               were
               profitable
               .
            
             
               
                 A
                 Seventh
                 from
              
               the
               Consequence
               ,
               as
               Banishment
               is
               to
               be
               desired
               ,
               because
               a
               Banish'd
               Man
               has
               choice
               of
               places
               to
               dwell
               in
               .
            
             
               
                 An
                 Eighth
                 from
              
               making
               that
               the
               cause
               which
               is
               not
               ;
               as
               ,
               In
               Demosthenes
               his
               Government
               ,
               the
               War
               began
               ;
               therefore
               Demosthenes
               Governed
               well
               .
               With
               the
               
                 Peloponnesian
                 War
              
               began
               the
               Plague
               ,
               therefore
               Pericles
               that
               perswaded
               that
               War
               ,
               did
               ill
               .
            
             
               
                 A
                 Ninth
                 from
              
               the
               Omission
               of
               some
               circumstance
               ,
               
                 as
                 ,
                 Helen
              
               did
               what
               was
               Lawful
               ,
               when
               she
               ran
               away
               with
               Paris
               ,
               because
               she
               had
               her
               Fathers
               consent
               to
               choose
               her
               own
               Husband
               ;
               
                 which
                 was
                 true
                 only
                 during
                 the
                 time
                 that
                 she
                 had
                 not
                 chosen
                 .
              
            
             
               
                 A
                 Tenth
                 ,
                 from
              
               that
               which
               is
               probable
               in
               some
               case
               ,
               to
               that
               mhich
               is
               probable
               simply
               ;
               as
               ,
               'T
               is
               probable
               ,
               he
               fore-saw
               ,
               that
               if
               he
               did
               it
               ,
               he
               should
               be
               suspected
               ;
               therefore
               't
               is
               probable
               he
               did
               it
               not
               .
            
             
               From
               this
               Place
               one
               may
               infer
               both
               ways
               that
               
                 he
                 did
                 it
                 not
              
               .
               For
               if
               he
               be
               not
               likely
               to
               do
               it
               ,
               it
               may
               be
               thought
               
                 he
                 did
                 it
                 not
              
               :
               again
               ,
               if
               he
               were
               likely
               to
               do
               it
               ,
               it
               may
               be
               thought
               
                 he
                 did
                 it
                 not
              
               ,
               for
               this
               ,
               that
               
                 he
                 knew
                 he
                 should
                 be
                 suspected
                 .
              
            
             
             
               Upon
               this
               Place
               was
               grounded
               the
               Art
               which
               was
               so
               much
               detested
               in
               Protagor●●
               ,
               of
               making
               the
               better
               cause
               seem
               the
               worse
               ▪
               and
               the
               worse
               the
               better
               .
            
          
           
             
               CHAP.
               XXVII
               .
            
             
               
                 Of
                 the
                 wayes
                 to
                 answer
                 the
                 Arguments
                 of
                 the
                 Adversary
                 .
              
            
             
               AN
               Argument
               is
               answered
               by
               an
               opposite
               Syllogisme
               ,
               or
               by
               an
               Objection
               .
            
             
               The
               Places
               of
               opposite
               Syllogismes
               are
               the
               same
               with
               the
               Places
               of
               Syllogismes
               ,
               or
               Enthymemes
               :
               for
               a
               
                 Rhetorical
                 Syllogisme
              
               is
               an
               Enthymeme
               .
            
             
               The
               Places
               of
               Objections
               are
               four
               .
            
             
               First
               ,
               from
               
                 the
                 same
              
               ,
               as
               ,
               To
               the
               Adversary
               that
               proves
               Love
               to
               be
               good
               by
               an
               Enthymeme
               ,
               may
               be
               objected
               ,
               that
               
                 no
                 want
                 is
                 good
                 ,
                 and
                 yet
                 Love
                 is
                 want
              
               ;
               or
               particularly
               thus
               ;
               
                 The
                 Love
                 of
                 Myrrha
                 to
                 her
                 Father
                 was
                 not
                 good
                 .
              
            
             
               The
               Second
               from
               Contraries
               :
               as
               ,
               if
               the
               Adversary
               say
               ,
               
                 A
                 good
                 Man
                 does
                 good
                 to
                 his
                 friends
                 ,
              
               an
               Objection
               might
               be
               made
               ,
               that
               then
               
                 an
                 evil
                 Man
                 will
                 do
                 also
                 evil
                 to
                 his
                 friends
                 .
              
            
             
               The
               Third
               From
               Similitude
               :
               as
               thus
               ,
               if
               the
               Adversary
               say
               ,
               all
               Men
               that
               are
               injured
               ,
               
               do
               hate
               those
               that
               have
               injured
               them
               ,
               it
               may
               be
               Objected
               ,
               that
               then
               ,
               
                 all
                 Men
                 that
                 had
                 received
                 Benefits
                 should
                 love
                 their
                 Benefactors
                 ,
              
               that
               is
               to
               say
               ,
               be
               grateful
               .
            
             
               The
               Fourth
               from
               the
               
                 authority
                 of
                 famous
                 Men
              
               ;
               as
               when
               a
               Man
               shall
               say
               ,
               that
               drunken
               Men
               ought
               to
               be
               pardoned
               those
               Acts
               they
               do
               in
               their
               drunkenness
               ,
               because
               they
               know
               not
               what
               they
               do
               ;
               the
               Objection
               may
               be
               ,
               that
               Pittacus
               
                 was
                 of
                 another
                 mind
                 ,
                 that
                 appointed
                 for
                 such
                 Acts
                 a
                 double
                 punishment
                 ;
                 one
                 for
                 the
                 Act
                 ,
                 another
                 for
                 the
                 Drunkenness
                 .
              
            
             
               And
               forasmuch
               as
               all
               Enthymemes
               are
               drawn
               from
               Probability
               ,
               or
               Example
               ,
               or
               from
               a
               
                 Sign
                 Fallible
              
               ,
               or
               from
               a
               
                 Sign
                 infallible
              
               :
               an
               Enthymeme
               from
               Probability
               may
               be
               confuted
               Really
               ,
               by
               shewing
               that
               for
               the
               most
               part
               it
               falls
               out
               otherwise
               ;
               but
               Apparantly
               ,
               or
               Sophistically
               ,
               by
               shewing
               only
               that
               it
               does
               not
               fall
               out
               so
               alwayes
               ;
               whereupon
               the
               Judge
               thinks
               the
               Probability
               not
               sufficient
               to
               ground
               his
               Sentence
               upon
               .
            
             
               [
               The
               Reason
               whereof
               is
               this
               ,
               That
               the
               Judge
               ,
               while
               he
               hears
               the
               Fact
               proved
               Probable
               ,
               conceives
               it
               as
               true
               .
               For
               the
               Understanding
               has
               no
               Object
               but
               Truth
               .
               And
               therefore
               by
               and
               by
               ,
               when
               he
               shall
               hear
               an
               Instance
               to
               the
               contrary
               ;
               and
               thereby
               find
               that
               he
               had
               no
               necessity
               to
               think
               it
               true
               ,
               presently
               changes
               his
               opinion
               ,
               and
               thinks
               it
               false
               ,
               and
               consequently
               
               not
               so
               much
               as
               Probable
               .
               For
               he
               cannot
               at
               one
               time
               think
               the
               same
               thing
               both
               Probable
               and
               False
               :
               and
               he
               that
               says
               a
               thing
               is
               Probable
               ,
               the
               meaning
               is
               ,
               he
               thinks
               it
               True
               ,
               but
               finds
               not
               arguments
               enough
               to
               prove
               it
               .
               ]
            
             
               An
               Enthymeme
               from
               a
               
                 fallible
                 sign
              
               ,
               is
               answered
               ,
               by
               shewing
               the
               
                 sign
                 to
                 be
                 fallible
              
               .
            
             
               An
               Enthymeme
               from
               an
               Example
               ,
               is
               answered
               ,
               as
               an
               Enthymeme
               from
               Probability
               ;
               Really
               ,
               by
               shewing
               more
               Examples
               to
               the
               contrary
               ;
               Apparently
               ,
               if
               he
               bring
               Examples
               enough
               to
               make
               it
               seem
               
                 not
                 necessary
              
               .
            
             
               If
               the
               Adversary
               have
               more
               Examples
               than
               we
               ,
               we
               must
               make
               appear
               ,
               that
               they
               are
               not
               applycable
               to
               the
               Case
               .
            
             
               An
               Enthymeme
               from
               an
               
                 infallible
                 Sign
              
               ,
               if
               the
               Proposition
               be
               true
               ,
               is
               unanswerable
               .
            
          
           
             
               CHAP.
               XXVIII
               .
            
             
               
                 Amplification
                 and
                 Extenuation
                 are
                 not
                 Common
                 Places
                 .
                 Enthymemes
                 by
                 which
                 Arguments
                 are
                 answered
                 ,
                 are
                 the
                 same
                 with
                 those
                 by
                 which
                 the
                 matter
                 in
                 question
                 is
                 proved
                 ,
                 or
                 disproved
                 .
                 Objections
                 are
                 not
                 Enthymemes
                 .
              
            
             
               THe
               first
               ,
               that
               Amplification
               and
               Extenuation
               are
               not
               
                 Common
                 Places
              
               ,
               appears
               by
               this
               ,
               that
               Amplification
               ,
               and
               Extenuation
               
               do
               prove
               a
               fact
               to
               be
               great
               ,
               or
               little
               ;
               and
               are
               therefore
               Enthymemes
               ,
               to
               be
               drawn
               from
               
                 Common
                 Places
              
               ,
               and
               therefore
               are
               not
               the
               Places
               themselves
               .
            
             
               The
               Second
               ,
               that
               Enthymemes
               ,
               by
               which
               Arguments
               are
               answered
               ,
               are
               of
               the
               same
               kind
               with
               those
               by
               which
               the
               matter
               in
               question
               is
               proved
               ,
               is
               manifest
               by
               this
               ,
               that
               these
               infer
               the
               opposite
               of
               what
               was
               proved
               by
               the
               other
               .
            
             
               The
               Third
               ,
               that
               an
               Objection
               is
               no
               Enthymeme
               ,
               is
               apparent
               by
               this
               ,
               that
               an
               Objection
               is
               no
               more
               but
               an
               
                 Opinion
                 ,
                 Example
              
               ,
               or
               other
               Instance
               ,
               produced
               to
               make
               appear
               ,
               that
               the
               Adversaries
               Argument
               does
               not
               conclude
               .
            
             
               Thus
               much
               of
               
                 Examples
                 ,
                 Sentences
                 ,
                 Enthymemes
              
               ,
               and
               generally
               of
               all
               things
               that
               belong
               to
               Argumentation
               ;
               from
               what
               Places
               they
               may
               be
               drawn
               ,
               or
               answered
               .
            
             
               There
               remains
               Elocution
               ,
               and
               Disposition
               to
               be
               spoken
               of
               in
               the
               next
               Book
               .
            
          
        
         
           
           
           
             BOOK
             .
             III.
             
          
           
             
               CHAP.
               I.
               
            
             
               
                 Of
                 the
                 Original
                 of
                 Elocution
                 and
                 Pronuntiation
                 .
              
            
             
               THree
               things
               being
               necessary
               to
               an
               Oration
               ,
               namely
               
                 Proof
                 ,
                 Elocution
              
               and
               Disposition
               ;
               we
               have
               done
               with
               the
               first
               ,
               and
               shall
               speak
               of
               the
               other
               two
               in
               that
               which
               follows
               .
            
             
               As
               for
               Action
               ,
               or
               Pronunciation
               ,
               so
               much
               as
               is
               necessary
               for
               an
               Orator
               ,
               may
               be
               fetcht
               out
               of
               the
               Book
               of
               the
               
                 Art
                 of
                 Poetry
              
               ,
               in
               which
               we
               have
               treated
               of
               the
               Action
               of
               the
               Stage
               .
            
             
               For
               Tragedians
               were
               the
               first
               that
               invented
               such
               Action
               ,
               and
               that
               but
               of
               late
               ;
               and
               it
               consisteth
               in
               governing
               well
               the
               
                 Magnitude
                 ,
                 Tone
              
               ,
               and
               Measure
               of
               the
               Voice
               ;
               a
               thing
               less
               subject
               to
               Art
               ,
               than
               is
               either
               Proof
               ,
               or
               Elocution
               .
            
             
               And
               yet
               there
               have
               been
               Rules
               delivered
               concerning
               it
               ,
               as
               far
               forth
               as
               serve
               for
               Poetry
               .
            
             
             
               But
               
                 Oratorical
                 Action
              
               has
               not
               been
               hitherto
               reduced
               to
               Art.
               
            
             
               And
               Orators
               in
               the
               beginning
               ,
               when
               they
               saw
               that
               the
               Poets
               in
               barren
               and
               feigned
               Arguments
               ,
               nevertheless
               attained
               great
               Reputation
               ;
               supposing
               it
               had
               proceeded
               from
               the
               choice
               ,
               or
               connexion
               of
               words
               ,
               fell
               into
               a
               Stile
               ,
               by
               imitation
               of
               them
               ,
               approaching
               to
               Verse
               ,
               and
               made
               choice
               of
               words
               .
            
             
               But
               when
               the
               Poets
               changed
               their
               Stile
               ,
               and
               laid
               by
               all
               words
               that
               were
               not
               in
               common
               use
               ,
               the
               Orators
               did
               the
               same
               ,
               and
               lighted
               at
               last
               upon
               words
               ,
               and
               a
               Government
               of
               the
               Voice
               and
               Measures
               proper
               to
               themselves
               .
            
             
               Seeing
               therefore
               Pronuntiation
               ,
               or
               Action
               are
               in
               some
               degree
               necessary
               also
               for
               an
               Orator
               ,
               the
               Precepts
               thereof
               are
               to
               be
               fetcht
               from
               the
               
                 Art
                 of
                 Poetry
              
               .
            
             
               [
               In
               the
               mean
               time
               this
               may
               be
               one
               general
               Rule
               .
               If
               the
               
                 Words
                 ,
                 Tone
                 ,
                 Greatness
              
               of
               the
               Voice
               ,
               Gesture
               of
               the
               Body
               and
               Countenance
               ,
               seem
               to
               proceed
               all
               from
               one
               Passion
               ,
               then
               't
               is
               well
               pronounced
               .
               Otherwise
               not
               .
            
             
               For
               when
               there
               appear
               more
               passions
               than
               one
               at
               once
               ,
               the
               mind
               of
               the
               Speaker
               appears
               unnatural
               and
               distracted
               .
               Otherwise
               ,
               as
               the
               mind
               of
               the
               Speaker
               ,
               so
               the
               mind
               of
               the
               Hearer
               always
               .
               ]
            
          
           
             
             
               CHAP.
               II.
               
            
             
               
                 Of
                 the
                 choise
                 of
                 Words
                 and
                 Epithets
                 .
              
            
             
               THe
               Vertues
               of
               a
               Word
               are
               two
               ;
               the
               first
               ,
               that
               it
               be
               perspicuous
               ;
               the
               second
               ,
               that
               it
               be
               decent
               ;
               that
               is
               ,
               neither
               above
               ,
               nor
               below
               the
               thing
               signified
               ;
               or
               ,
               neither
               too
               humble
               ,
               nor
               too
               fine
               .
            
             
               Perspicuous
               
                 are
                 all
              
               Words
               
                 that
                 be
              
               Proper
               .
            
             
               
                 Fine
                 Words
              
               are
               those
               ,
               that
               are
               borrowed
               ,
               or
               Translated
               from
               other
               significations
               ;
               of
               which
               in
               the
               
                 Art
                 of
                 Poetry
              
               .
            
             
               The
               reason
               why
               
                 borrowed
                 Words
              
               please
               ,
               is
               this
               .
               Men
               are
               affected
               with
               Words
               ,
               as
               they
               are
               with
               Men
               ,
               admiring
               in
               both
               that
               which
               is
               Forreign
               and
               New.
               
            
             
               To
               make
               a
               Poem
               graceful
               ,
               many
               things
               help
               ;
               but
               few
               an
               Oration
               .
            
             
               For
               to
               a
               Poet
               it
               sufficieth
               with
               what
               Words
               he
               can
               to
               set
               out
               his
               Poem
               :
               but
               an
               Orator
               must
               not
               only
               do
               that
               :
               but
               also
               seem
               not
               to
               do
               it
               :
               for
               else
               he
               will
               be
               thought
               to
               speak
               unnaturally
               ,
               and
               not
               as
               he
               thinks
               ;
               and
               thereby
               be
               the
               less
               believed
               ;
               whereas
               belief
               is
               the
               scope
               of
               his
               Oration
               .
            
             
               The
               Words
               that
               an
               Orator
               ought
               to
               use
               are
               of
               three
               sorts
               .
               Proper
               ;
               Such
               as
               are
               Received
               ;
               and
               Metaphors
               .
            
             
             
               Words
               taken
               from
               Forraign
               Languages
               ,
               Words
               compounded
               ,
               and
               Words
               new
               coyned
               are
               seldom
               to
               be
               used
               .
            
             
               Synonimaes
               belong
               to
               Poets
               ,
               and
               Equivocal
               words
               to
               Sophisters
               .
            
             
               An
               Orator
               ,
               if
               he
               use
               Proper
               words
               ,
               and
               Received
               ,
               and
               
                 good
                 Metaphors
              
               ,
               shall
               both
               make
               his
               
                 Oration
                 beautiful
              
               ,
               and
               not
               seem
               to
               intend
               it
               ;
               and
               shall
               speak
               perspicuously
               .
               For
               in
               a
               Metaphor
               alone
               there
               is
               
                 perspicuity
                 ,
                 Novity
              
               ,
               and
               Sweetness
               .
            
             
               Concerning
               Metaphors
               the
               Rules
               are
               these
               .
            
             
               1.
               
               He
               that
               will
               make
               the
               best
               of
               a
               thing
               ,
               let
               him
               draw
               his
               Metaphor
               from
               somewhat
               that
               is
               better
               .
               As
               for
               Example
               ,
               let
               him
               call
               a
               Crime
               ,
               an
               Error
               .
               On
               the
               other
               side
               ,
               when
               he
               would
               make
               the
               worst
               of
               it
               ,
               let
               him
               draw
               his
               Metaphor
               from
               somewhat
               worse
               ,
               as
               ,
               calling
               
                 Error
                 ,
                 Crime
              
               .
            
             
               2.
               
               A
               Metaphor
               ought
               not
               to
               be
               so
               far
               fetcht
               ,
               as
               that
               the
               Similitude
               may
               not
               easily
               appear
               .
            
             
               3.
               
               A
               Metaphor
               ought
               to
               be
               drawn
               from
               the
               noblest
               things
               ,
               as
               the
               Poets
               do
               that
               choose
               rather
               to
               say
               ,
               Rosy-finger'd
               ;
               then
               
                 Red
                 finger'd
                 Aurora
              
               .
            
             
               In
               like
               manner
               the
               Rule
               of
               Epithets
               is
               ,
            
             
               That
               he
               that
               will
               adorn
               ,
               should
               use
               those
               of
               the
               better
               sort
               ;
               and
               he
               that
               will
               disgrace
               
               should
               use
               those
               of
               the
               worse
               :
               as
               Simonides
               being
               to
               Write
               an
               Ode
               in
               honour
               of
               the
               Victory
               gotten
               in
               a
               Course
               by
               certain
               Mules
               ,
               being
               not
               well
               paid
               ,
               called
               them
               by
               their
               name
               [
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ]
               that
               signifies
               their
               propinquity
               to
               Asses
               :
               but
               having
               received
               a
               greater
               reward
               ,
               Stiles
               them
               
                 the
                 Sons
                 of
                 swift
                 footed
                 Coursers
                 .
              
            
          
           
             
               CHAP.
               III.
               
            
             
               
                 Of
                 the
                 things
                 that
                 make
                 an
                 Oration
                 Flat
                 .
              
            
             
               THe
               things
               that
               make
               an
               
                 Oration
                 flat
              
               ,
               or
               insipide
               ,
               are
               four
               .
            
             
               1.
               
               
                 Words
                 Compounded
              
               ;
               [
               and
               yet
               a
               Man
               may
               Compound
               a
               word
               ,
               when
               the
               Composition
               is
               necessary
               ,
               for
               want
               of
               a
               simple
               word
               ;
               and
               easie
               ,
               and
               seldom
               used
               .
               ]
            
             
               2.
               
               
                 Forraign
                 Words
              
               .
               As
               for
               Example
               ,
               such
               as
               are
               newly
               derived
               from
               the
               Latine
               ;
               which
               though
               they
               were
               proper
               among
               them
               whose
               tongue
               it
               is
               ,
               are
               Forraign
               in
               another
               Language
               :
               and
               yet
               these
               may
               be
               used
               ,
               so
               it
               be
               moderately
               .
            
             
               3.
               
               Long
               ,
               impertinent
               ,
               and
               often
               Epithets
               ,
            
             
               4.
               
               
                 Metaphors
                 ,
                 indecent
              
               ,
               and
               
                 obscure
                 .
                 Obscure
              
               they
               are
               ,
               when
               they
               are
               far
               fetcht
               .
               Indecent
               when
               they
               are
               ridiculous
               ,
               as
               in
               Comedies
               ;
               or
               
                 too
                 grave
              
               ,
               as
               in
               Tragedies
               .
            
          
           
             
             
               CHAP.
               IV.
               
            
             
               
                 Of
                 a
                 Similitude
                 .
              
            
             
               A
               Similitude
               differs
               from
               a
               Metaphor
               only
               by
               such
               Particles
               of
               Comparison
               as
               these
               ,
               
                 As
                 ;
                 Even
                 as
                 ;
                 So
                 ;
                 Even
                 so
                 ,
              
               &c.
               
            
             
               A
               Similitude
               therefore
               is
               a
               
                 Metaphor
                 dilated
              
               ;
               and
               a
               Metaphor
               is
               a
               
                 Similitude
                 Contracted
              
               into
               one
               Word
               .
            
             
               A
               Similitude
               does
               well
               in
               an
               Oration
               ,
               so
               it
               be
               not
               too
               frequent
               ;
               for
               't
               is
               Poetical
               .
            
             
               An
               Example
               of
               a
               Similitude
               ,
               is
               this
               of
               Pericles
               ;
               that
               said
               in
               his
               Oration
               ,
               
                 that
                 the
              
               Baeotians
               
                 were
                 like
                 to
                 so
                 many
                 Oaks
                 in
                 a
                 Wood
                 ,
                 that
                 did
                 nothing
                 but
                 beat
                 one
                 another
                 .
              
            
          
           
             
               CHAP.
               V.
               
            
             
               
                 Of
                 the
                 Purity
                 of
                 Language
                 .
              
            
             
               FOur
               things
               are
               necessary
               to
               make
               Language
               Pure
               .
            
             
               1.
               
               The
               
                 right
                 rendring
              
               of
               those
               Particles
               which
               some
               antecedent
               particle
               does
               require
               :
               As
               to
               a
               
                 Not
                 only
              
               ,
               a
               
                 Not
                 also
              
               ;
               and
               then
               they
               are
               rendered
               right
               ,
               when
               they
               are
               not
               suspended
               too
               long
               .
            
             
             
               2.
               
               
                 The
                 use
                 of
                 proper
                 Words
              
               ,
               rather
               than
               Circumlocutions
               ,
               unless
               there
               be
               motive
               to
               make
               one
               do
               it
               of
               purpose
               .
            
             
               3.
               
               That
               there
               be
               nothing
               of
               
                 double
                 construction
              
               ,
               unless
               there
               be
               cause
               to
               do
               it
               of
               purpose
               .
               As
               the
               Prophets
               (
               of
               the
               Heathen
               )
               who
               speak
               in
               general
               terms
               ,
               to
               the
               end
               they
               may
               the
               better
               maintain
               the
               truth
               of
               their
               Prophesies
               ;
               which
               is
               easier
               maintained
               in
               generals
               ,
               than
               in
               particulars
               .
               For
               't
               is
               easier
               to
               divine
               ,
               whether
               a
               number
               be
               even
               or
               odd
               ,
               than
               
                 how
                 many
              
               ;
               and
               that
               a
               thing
               
                 will
                 be
              
               ,
               than
               
                 what
                 it
                 will
                 be
              
               .
            
             
               4.
               
               Concordance
               of
               Gender
               ,
               Number
               ,
               and
               Person
               ;
               as
               not
               to
               say
               Him
               for
               Her
               ;
               Man
               for
               Men
               ;
               Hath
               for
               Have
               .
            
             
               In
               Summ
               ;
               a
               Mans
               Language
               ought
               to
               be
               easie
               for
               another
               to
               read
               ,
               pronounce
               ,
               and
               point
               .
            
             
               Besides
               ,
               to
               divers
               Antecedents
               ,
               let
               divers
               Relatives
               ,
               or
               one
               Common
               to
               them
               all
               ,
               be
               correspondent
               :
               as
               ,
               
                 He
                 saw
                 the
                 Colour
                 ;
                 He
                 heard
                 the
                 Sound
              
               ;
               or
               
                 he
                 perceived
                 both
                 Colour
                 and
                 Sound
                 :
              
               but
               by
               no
               means
               ,
               
                 He
                 heard
                 or
                 saw
                 both
              
               .
            
             
               
                 Lastly
                 ,
                 that
                 which
                 is
                 to
                 be
                 interposed
                 by
              
               Parenthesis
               ,
               
                 let
                 it
                 be
                 done
                 quickly
                 :
                 as
                 ,
              
               I
               purposed
               ,
               having
               spoken
               to
               him
               (
               to
               this
               ,
               and
               to
               this
               purpose
               )
               afterward
               to
               be
               gone
               .
               
                 For
                 to
                 put
                 it
                 off
                 thus
              
               ;
               I
               resolved
               ,
               after
               I
               had
               spoken
               to
               him
               ,
               to
               be
               gone
               ;
               but
               the
               subject
               of
               my
               
               speech
               was
               to
               this
               and
               this
               Purpose
               ,
               
                 is
                 vi●●ous
              
               .
            
          
           
             
               CHAP.
               VI.
               
            
             
               
                 Of
                 the
                 Amplitude
                 and
                 Tenuity
                 of
                 Language
                 .
              
            
             
               A
               Man
               shall
               add
               Amplitude
               ,
               or
               Dignity
               to
               his
               Language
               ,
               but
               by
               such
               means
               as
               these
               .
            
             
               1.
               
               By
               changing
               the
               Name
               with
               the
               Definition
               ,
               as
               occasion
               shall
               serve
               .
               As
               ,
               whe●
               the
               Name
               shall
               be
               indecent
               ,
               by
               using
               the
               Definition
               ;
               or
               Contrary
               .
            
             
               2.
               
               By
               Metaphors
               .
            
             
               3.
               
               By
               using
               the
               plural
               Number
               for
               the
               singular
               .
            
             
               4.
               
               By
               
                 privative
                 Epithets
              
               .
            
          
           
             
               CHAP.
               VII
               .
            
             
               
                 Of
                 the
                 Convenience
                 or
                 Decency
                 of
                 Elocution
                 .
              
            
             
               ELocutions
               
                 are
                 made
              
               Decent
               ,
            
             
               1.
               
               By
               speaking
               Feelingly
               ;
               that
               is
               ,
               with
               such
               Passion
               as
               is
               fit
               for
               the
               matter
               he
               is
               in
               ;
               as
               Angerly
               in
               matter
               of
               Injury
               .
            
             
               2.
               
               By
               speaking
               as
               becomes
               the
               Person
               of
               the
               Speaker
               ;
               as
               for
               a
               Gentleman
               to
               speak
               Eruditely
               .
            
             
             
               3.
               
               By
               speaking
               proportionably
               to
               the
               matter
               ;
               as
               of
               
                 great
                 affairs
              
               to
               speak
               in
               a
               high
               ;
               and
               of
               mean
               ,
               in
               a
               low
               Stile
               .
            
             
               4.
               
               By
               abstaining
               from
               Compounded
               ,
               and
               from
               
                 Out-landish
                 Words
              
               ;
               unless
               a
               Man
               speak
               Passionately
               ,
               and
               have
               already
               moved
               ,
               and
               ,
               as
               it
               were
               ,
               inebriated
               his
               Hearers
               .
               Or
               Ironically
               .
            
             
               It
               confers
               also
               to
               perswasion
               very
               much
               ,
               to
               use
               these
               ordinary
               Forms
               of
               speaking
               ,
               
                 All
                 Men
                 know
                 ;
                 'T
                 is
                 confessed
                 by
                 all
                 ;
                 No
                 Man
                 will
                 deny
                 ,
              
               and
               the
               like
               .
               For
               the
               Hearer
               consents
               ,
               surprized
               with
               the
               fear
               to
               be
               esteemed
               the
               only
               Ignorant
               Man.
               
            
             
               'T
               is
               good
               also
               ,
               having
               used
               a
               word
               that
               signifies
               more
               than
               the
               matter
               requires
               ,
               to
               abstain
               from
               the
               Pronunciation
               and
               Countenance
               that
               to
               such
               a
               word
               belongs
               ;
               that
               the
               Disproportion
               between
               it
               and
               the
               matter
               may
               the
               less
               appear
               .
               And
               when
               a
               Man
               has
               said
               too
               much
               ,
               it
               will
               shew
               well
               to
               correct
               himself
               :
               For
               he
               will
               get
               belief
               by
               seeming
               to
               consider
               what
               he
               says
               .
            
             
               [
               But
               in
               this
               a
               Man
               must
               have
               a
               care
               not
               to
               be
               too
               precise
               in
               shewing
               of
               this
               Consideration
               .
               For
               the
               oftentation
               of
               Carefulness
               is
               an
               argument
               oftentimes
               of
               lying
               ;
               as
               may
               be
               observed
               in
               such
               as
               tell
               particularities
               not
               easily
               observed
               ,
               when
               they
               would
               be
               thought
               to
               speak
               more
               precise
               truth
               than
               is
               required
               .
               ]
            
          
           
             
             
               CHAP.
               VIII
               .
            
             
               
                 Of
                 two
                 sorts
                 of
                 Stiles
                 .
              
            
             
               THere
               be
               two
               sorts
               of
               Stiles
               .
            
             
               The
               one
               continued
               or
               to
               be
               
                 comprehended
                 at
                 once
              
               ;
               the
               other
               divided
               ,
               or
               distinguished
               by
               Periods
               .
            
             
               The
               first
               sort
               was
               in
               use
               with
               ancient
               Writers
               ;
               but
               is
               now
               out
               of
               date
               .
            
             
               An
               Example
               of
               this
               Stile
               is
               in
               the
               History
               of
               Herodotus
               ;
               wherein
               there
               is
               no
               Period
               till
               the
               end
               of
               the
               whole
               History
               .
            
             
               In
               the
               other
               kind
               of
               Stile
               ,
               that
               is
               distinguished
               by
               Periods
               ,
               a
               Period
               is
               such
               a
               Part
               as
               is
               perfect
               in
               it self
               ;
               and
               has
               such
               length
               ,
               as
               may
               easily
               be
               comprehended
               by
               the
               understanding
               .
            
             
               This
               later
               kind
               is
               pleasant
               ;
               the
               former
               unpleasant
               ,
               because
               this
               appears
               finite
               ,
               the
               other
               infinite
               :
               in
               this
               the
               Hearer
               has
               always
               somewhat
               set
               out
               ,
               and
               terminated
               to
               him
               ;
               in
               the
               other
               he
               fore-sees
               no
               end
               ,
               and
               has
               nothing
               finished
               to
               him
               :
               this
               may
               easily
               be
               committed
               to
               memory
               ,
               because
               of
               the
               measure
               and
               cadence
               (
               which
               is
               the
               cause
               that
               Verses
               be
               easily
               remembred
               ;
               )
               the
               other
               not
               .
            
             
             
               Every
               Sentence
               ought
               to
               end
               with
               the
               period
               ,
               and
               nothing
               to
               be
               interposed
               .
            
             
               Period
               is
               either
               simple
               ,
               or
               divided
               into
               Parts
               .
            
             
               Simple
               
                 is
                 that
                 which
                 is
              
               Indivisible
               ;
               as
               ,
               I
               wonder
               you
               fear
               not
               their
               ends
               ,
               whose
               actions
               you
               imitate
               .
            
             
               A
               Period
               divided
               ,
               
                 is
                 that
                 which
                 not
                 only
                 has
                 perfection
                 and
                 length
                 convenient
                 :
                 for
                 respiration
                 ,
                 but
                 also
              
               Parts
               .
               As
               ,
               I
               wonder
               you
               are
               not
               afraid
               of
               their
               ends
               ,
               seeing
               you
               imitate
               their
               actions
               :
               
                 where
                 in
                 these
                 words
              
               ,
               I
               wonder
               you
               are
               not
               afraid
               of
               their
               ends
               ,
               
                 is
                 one
              
               Colon
               ,
               or
               Part
               ;
               
                 and
                 in
                 these
              
               ,
               Seeing
               you
               Imitate
               their
               Actions
               ,
               
                 another
                 :
                 and
                 both
                 together
                 make
                 the
                 Period
                 .
              
            
             
               The
               parts
               ,
               or
               members
               ,
               and
               periods
               of
               speech
               ought
               neither
               to
               be
               
                 too
                 long
              
               ,
               nor
               
                 too
                 short
              
               .
            
             
               
                 Too
                 long
              
               are
               they
               ,
               which
               are
               produced
               beyond
               the
               expectation
               of
               the
               Hearer
               .
            
             
               
                 Too
                 short
              
               ,
               are
               they
               that
               end
               before
               he
               expects
               it
               .
            
             
               Those
               that
               be
               
                 too
                 long
              
               ,
               leave
               the
               Hearer
               behind
               ,
               like
               him
               that
               walking
               ,
               goes
               beyond
               the
               usual
               end
               of
               the
               Walk
               ,
               and
               thereby
               out-goes
               him
               that
               walks
               with
               him
               .
            
             
               They
               that
               be
               
                 too
                 short
              
               ,
               make
               the
               Hearer
               stumble
               ;
               for
               when
               he
               looks
               far
               before
               him
               ,
               the
               end
               stops
               him
               before
               he
               be
               aware
               .
            
             
             
               A
               period
               that
               is
               divided
               into
               Parts
               ,
               is
               either
               
                 divided
                 only
              
               ;
               or
               has
               also
               an
               Opposition
               of
               the
               parts
               one
               to
               another
               .
            
             
               Divided
               only
               
                 is
                 such
                 as
                 this
              
               ;
               This
               the
               Senate
               knows
               ;
               the
               Consul
               sees
               ;
               and
               yet
               the
               Man
               lives
               .
            
             
               A
               Period
               with
               
                 Opposition
                 of
                 Parts
              
               ,
               called
               also
               Antithesis
               ,
               and
               the
               parts
               Antitheta
               ,
               is
               when
               
                 contrary
                 parts
              
               are
               put
               together
               ;
               or
               also
               joyned
               by
               a
               third
               .
            
             
               Contrary
               parts
               
                 are
                 put
                 together
                 ,
                 as
                 here
                 ,
              
               The
               one
               has
               obtained
               Glory
               ,
               the
               other
               Riches
               ;
               both
               by
               my
               benefit
               .
            
             
               Antitheta
               are
               therefore
               acceptable
               ;
               because
               not
               only
               the
               parts
               appear
               the
               better
               for
               the
               opposition
               ;
               but
               also
               for
               that
               they
               carry
               with
               them
               a
               certain
               appearance
               of
               that
               kind
               of
               Enthymeme
               ,
               which
               leads
               to
               Impossibility
               .
            
             
               Parts
               ,
               or
               Members
               of
               a
               Period
               ,
               are
               said
               to
               be
               equal
               ,
               when
               they
               have
               altogether
               ,
               or
               almost
               equal
               Number
               of
               Syllables
               .
            
             
               Parts
               ,
               or
               Members
               of
               a
               period
               ,
               are
               said
               to
               be
               like
               ,
               when
               they
               begin
               ,
               or
               end
               alike
               :
               and
               the
               more
               Similitudes
               ,
               and
               the
               greater
               equality
               there
               is
               of
               Syllables
               ,
               the
               more
               graceful
               is
               the
               Period
               .
            
          
           
             
             
               CHAP.
               IX
               .
            
             
               
                 Of
                 those
                 things
                 that
                 grace
                 an
                 Oration
                 ,
                 and
                 make
                 it
                 delightful
                 .
              
            
             
               FOrasmuch
               as
               there
               is
               nothign
               more
               delightful
               to
               a
               Man
               ,
               than
               to
               find
               that
               he
               apprehends
               and
               learns
               easily
               ;
               it
               necessarily
               follows
               ,
               that
               those
               Words
               are
               most
               grateful
               to
               the
               Ear
               ,
               that
               make
               a
               Man
               seem
               to
               see
               before
               his
               Eyes
               the
               things
               signified
               .
            
             
               And
               therefore
               
                 Forraign
                 Words
              
               are
               unpleasant
               ,
               because
               Obscure
               ;
               and
               
                 Plain
                 Words
              
               ,
               because
               
                 too
                 Manifest
              
               ,
               making
               us
               learn
               nothing
               new
               :
               but
               Metaphors
               please
               ;
               for
               they
               beget
               in
               us
               by
               the
               Genus
               ,
               or
               by
               some
               common
               thing
               to
               that
               with
               another
               ,
               a
               kind
               of
               Science
               :
               as
               when
               an
               
                 Old
                 Man
              
               is
               called
               Stubble
               ;
               a
               Man
               suddainly
               learns
               that
               he
               grows
               up
               ,
               flourisheth
               ,
               and
               withers
               like
               Grass
               ,
               being
               put
               in
               mind
               of
               it
               by
               the
               qualities
               common
               to
               Stubble
               ,
               and
               to
               
                 Old
                 Men.
              
               
            
             
               That
               which
               a
               Metaphor
               does
               ,
               a
               Similitude
               does
               the
               same
               ;
               but
               with
               less
               grace
               ,
               because
               with
               more
               prolixity
               .
            
             
               Such
               Enthymemes
               are
               the
               most
               graceful
               ,
               which
               neither
               are
               presently
               very
               Manifest
               ,
               nor
               yet
               very
               hard
               to
               be
               understood
               ;
               but
               are
               comprehended
               ,
               while
               they
               are
               uttering
               ,
               
               or
               presently
               after
               ,
               though
               not
               understood
               before
               .
            
             
               The
               things
               that
               make
               a
               speech
               graceful
               ,
               are
               these
               ;
               
                 Antitheta
                 ,
                 Metaphors
              
               ,
               and
               Animation
               .
            
             
               Of
               Anitheta
               ,
               and
               Antithesis
               hath
               been
               spoken
               in
               the
               precedent
               Chapter
               .
            
             
               Of
               Metaphors
               the
               most
               graceful
               is
               that
               which
               is
               drawn
               from
               Proportion
               .
            
             
               [
               Aristotle
               (
               in
               the
               12
               Chapter
               of
               his
               Poetry
               )
               defines
               a
               Metaphor
               to
               be
               the
               translation
               of
               a
               name
               from
               one
               signification
               to
               another
               ;
               whereof
               he
               makes
               four
               kinds
               ,
               1.
               
               From
               the
               General
               to
               the
               Particular
               ,
               2.
               
               From
               the
               Particular
               to
               the
               General
               .
               3.
               
               From
               one
               Particular
               to
               another
               .
               4.
               
               From
               Proportion
               .
               ]
            
             
               A
               Metaphor
               from
               Proportion
               is
               such
               as
               this
               ,
               
                 A
                 State
                 without
                 Youth
                 ,
                 is
                 a
                 Year
                 without
                 a
                 Spring
                 .
              
            
             
               Animation
               is
               that
               expression
               which
               makes
               us
               seem
               to
               see
               the
               thing
               before
               our
               eyes
               ;
               as
               he
               that
               said
               ,
               
                 The
                 Athenians
                 powred
                 out
                 their
                 City
                 into
                 Sicily
                 ,
              
               meaning
               ,
               they
               sent
               thither
               the
               greatest
               Army
               they
               could
               make
               ;
               and
               this
               is
               the
               greatest
               grace
               of
               an
               Oration
               .
            
             
               If
               therefore
               in
               the
               same
               Sentence
               there
               concur
               both
               Metaphor
               ,
               and
               this
               Animation
               ,
               and
               also
               Antithesis
               ,
               it
               cannot
               choose
               but
               be
               very
               graceful
               .
            
             
             
               That
               an
               Oration
               is
               
                 graced
                 by
                 Metaphor
                 ,
                 Animation
              
               and
               Antithesis
               ,
               hath
               been
               said
               :
               but
               how
               't
               is
               graced
               ,
               is
               to
               be
               said
               in
               the
               next
               Chapter
               .
            
          
           
             
               CHAP.
               X.
               
            
             
               
                 In
                 what
                 Manner
                 an
                 Oration
                 is
                 graced
                 by
                 the
                 things
                 aforesaid
                 .
              
            
             
               T
               Is
               graced
               by
               Animation
               ,
               when
               the
               actions
               of
               living
               Creatures
               are
               attributed
               to
               things
               without
               life
               ;
               as
               when
               the
               Sword
               is
               said
               to
               devour
               .
            
             
               Such
               Metaphors
               as
               these
               come
               into
               a
               Mans
               mind
               by
               the
               observation
               of
               things
               that
               have
               similitude
               and
               proportion
               one
               to
               another
               .
               And
               the
               more
               unlike
               ,
               and
               unproportionable
               the
               things
               be
               otherwise
               ,
               the
               more
               grace
               hath
               the
               Metaphor
               .
            
             
               A
               Metaphor
               without
               Animation
               ,
               adds
               grace
               then
               ,
               when
               the
               Hearer
               finds
               he
               learns
               somewhat
               by
               such
               use
               of
               the
               word
               .
            
             
               Also
               Paradoxes
               are
               graceful
               ,
               so
               Men
               inwardly
               do
               believe
               them
               :
               for
               they
               have
               in
               them
               somewhat
               like
               to
               those
               jests
               that
               are
               grounded
               upon
               the
               similitude
               of
               words
               ,
               which
               have
               usually
               one
               sense
               ,
               and
               in
               the
               present
               another
               ;
               and
               somewhat
               like
               to
               those
               
               jests
               which
               are
               grounded
               upon
               the
               deceiving
               of
               a
               Mans
               expectation
               .
            
             
               And
               Paragrams
               ;
               that
               is
               ,
               allusions
               of
               words
               are
               graceful
               ,
               if
               they
               be
               well
               placed
               ;
               and
               in
               Periods
               not
               too
               long
               ;
               and
               with
               Antithesis
               :
               for
               by
               these
               means
               the
               Ambiguity
               is
               taken
               away
               .
            
             
               And
               the
               more
               of
               these
               ;
               namely
               ,
               
                 Metaphor
                 ,
                 Animation
                 ,
                 Antithesis
                 ,
                 Equality
                 of
                 Members
              
               a
               Period
               hath
               ,
               the
               more
               graceful
               it
               is
               .
            
             
               
                 Similitudes
                 grace
              
               an
               Oration
               ,
               when
               they
               contain
               also
               a
               Metaphor
               .
            
             
               And
               Proverbs
               are
               graceful
               ,
               because
               they
               are
               Metaphors
               ,
               or
               Translations
               of
               words
               from
               one
               species
               to
               another
               .
            
             
               And
               Hyperboles
               ,
               because
               they
               also
               are
               Metaphors
               :
               but
               they
               are
               youthful
               ,
               and
               bewray
               vehemence
               ;
               and
               are
               used
               with
               most
               grace
               by
               them
               that
               be
               angry
               ;
               and
               for
               that
               cause
               are
               not
               comely
               in
               Old
               Men.
               
            
          
           
             
             
               CHAP.
               XI
               .
            
             
               
                 Of
                 the
                 Difference
                 between
                 the
                 Stile
                 to
                 be
                 used
                 in
                 Writing
                 ,
                 and
                 the
                 Stile
                 to
                 be
                 used
                 in
                 Pleading
                 .
              
            
             
               THe
               Stile
               that
               should
               be
               Read
               ought
               to
               be
               more
               exact
               and
               accurate
               .
            
             
               But
               the
               Stile
               of
               a
               Pleader
               ought
               to
               be
               suted
               to
               Action
               and
               Pronuntiation
               .
            
             
               Orations
               of
               them
               that
               Plead
               ,
               pass
               away
               with
               the
               Hearing
               .
            
             
               But
               those
               that
               are
               Written
               ,
               Men
               carry
               about
               them
               ,
               and
               are
               considered
               at
               Leasure
               ;
               and
               consequently
               must
               endure
               to
               be
               sifted
               and
               examined
               .
            
             
               Written
               Orations
               
                 appear
                 flat
                 in
              
               Pleading
               .
            
             
               And
               Orations
               made
               for
               the
               Barr
               ,
               when
               the
               Action
               is
               away
               ,
               appear
               in
               Reading
               insipide
               .
            
             
               In
               
                 Written
                 Orations
              
               Repetition
               is
               justly
               condemned
               .
            
             
               But
               in
               Pleadings
               ,
               by
               the
               help
               of
               Action
               ,
               and
               by
               some
               change
               in
               the
               Pleader
               ,
               Repetition
               becomes
               Amplification
               .
            
             
               In
               
                 Written
                 Orations
              
               Disjunctives
               do
               ill
               ;
               as
               ,
               
                 I
                 came
                 ,
                 I
                 found
                 him
                 ,
                 I
                 asked
                 him
                 :
              
               for
               they
               seem
               superfluous
               ,
               and
               but
               one
               thing
               ,
               because
               they
               are
               not
               distinguished
               by
               Action
               .
            
             
             
               But
               in
               Pleadings
               't
               is
               Amplification
               ;
               because
               that
               which
               is
               but
               one
               thing
               ,
               is
               made
               to
               seem
               many
               .
            
             
               Of
               Pleadings
               ,
               that
               which
               is
               Judicial
               ought
               to
               be
               more
               accurate
               ,
               than
               that
               which
               is
               
                 before
                 the
                 people
              
               .
            
             
               And
               an
               
                 Oration
                 to
                 the
                 people
              
               ought
               to
               be
               more
               accommodate
               to
               Action
               ,
               than
               a
               Judicial
               .
            
             
               And
               of
               
                 Judicial
                 Orations
              
               ,
               that
               ought
               to
               be
               more
               accurate
               ,
               which
               is
               uttered
               to
               few
               Judges
               ;
               and
               that
               ought
               to
               be
               more
               accommodate
               to
               Action
               ,
               which
               is
               uttered
               to
               Many
               .
               As
               in
               a
               Picture
               ,
               the
               farther
               he
               stands
               off
               that
               beholds
               it
               ,
               the
               less
               need
               there
               is
               that
               the
               Colours
               be
               fine
               :
               so
               in
               Orations
               ,
               the
               farther
               the
               Hearer
               stands
               off
               ,
               the
               less
               need
               there
               is
               for
               his
               Oration
               to
               be
               Elegant
               .
            
             
               Therefore
               
                 Demonstrative
                 Orations
              
               are
               most
               proper
               for
               Writing
               ,
               the
               end
               whereof
               is
               to
               be
               Read.
               
            
          
           
             
             
               CHAP.
               XII
               .
            
             
               
                 Of
                 the
                 parts
                 of
                 an
                 Oration
                 ,
                 and
                 their
                 Order
                 .
              
            
             
               THe
               necessary
               Parts
               of
               an
               Oration
               are
               but
               two
               ;
               Propositions
               ,
               and
               Proof
               ;
               which
               are
               as
               it
               were
               the
               Probleme
               ,
               and
               Demonstration
               .
            
             
               The
               Proposition
               is
               the
               explication
               ,
               or
               opening
               of
               the
               Matter
               to
               be
               proved
               .
            
             
               And
               Proof
               is
               the
               Demonstration
               of
               the
               Matter
               propounded
               .
            
             
               To
               these
               necessary
               parts
               ,
               are
               sometimes
               added
               two
               other
               ,
               tho
               Proeme
               and
               the
               Epilogue
               ,
               neither
               of
               which
               are
               any
               proof
               .
            
             
               So
               that
               in
               some
               ,
               there
               be
               four
               parts
               of
               an
               Oration
               ;
               the
               Proeme
               ,
               the
               Proposition
               ,
               or
               (
               as
               others
               call
               it
               )
               the
               Narration
               ,
               the
               Proofs
               (
               which
               contain
               
                 Confirmation
                 ,
                 Confutation
                 ,
                 Amplification
              
               ,
               and
               Diminution
               ;
               )
               and
               the
               Epilogue
               .
            
          
           
             
             
               CHAP.
               XIII
               .
            
             
               
                 Of
                 the
                 Proem
                 .
              
            
             
               THe
               Proem
               is
               the
               Beginning
               of
               an
               Oration
               ,
               and
               ,
               as
               it
               were
               ,
               the
               preparing
               of
               the
               way
               before
               one
               enter
               into
               it
               .
            
             
               In
               some
               kinds
               of
               Orations
               it
               resembles
               the
               Prelude
               of
               Musicians
               ,
               who
               first
               play
               what
               they
               list
               ,
               and
               afterwards
               the
               Tune
               they
               intended
               .
            
             
               In
               other
               kinds
               it
               resembles
               the
               Prologue
               of
               a
               Play
               ,
               that
               contains
               the
               Argument
               .
            
             
               Proems
               of
               the
               first
               sort
               ,
               are
               most
               proper
               for
               
                 Demonstrative
                 Orations
              
               ;
               in
               which
               a
               Man
               is
               free
               to
               fore-tell
               ,
               or
               not
               ,
               what
               points
               he
               will
               insist
               upon
               ;
               and
               for
               the
               most
               part
               't
               is
               better
               not
               :
               because
               when
               a
               Man
               has
               not
               obliged
               himself
               to
               a
               certain
               matter
               ,
               Digression
               will
               seem
               Variety
               :
               but
               if
               he
               have
               ingaged
               himself
               ,
               Variety
               will
               be
               accounted
               Digression
               .
            
             
               In
               Demonstratives
               the
               matter
               of
               the
               Proem
               consisteth
               in
               the
               Praise
               or
               Dispraise
               of
               some
               Law
               or
               Custom
               ,
               or
               in
               Exhortation
               ,
               or
               Dehortation
               ;
               or
               in
               something
               that
               serves
               to
               incline
               the
               Hearer
               to
               the
               purpose
               .
            
             
               Proems
               of
               the
               second
               kind
               are
               most
               proper
               for
               
                 Judicial
                 Orations
              
               .
               For
               as
               the
               Prologue
               
               in
               a
               Dramatick
               ,
               and
               the
               Exordium
               in
               an
               Epique
               Poem
               ,
               setteth
               first
               in
               few
               words
               the
               Argument
               of
               the
               Poem
               :
               so
               in
               a
               
                 Judicial
                 Oration
              
               the
               Orator
               ought
               to
               exhibit
               a
               Model
               of
               his
               Oration
               ,
               that
               the
               mind
               of
               the
               Hearer
               may
               not
               be
               suspended
               ,
               and
               for
               want
               of
               fore-sight
               ,
               err
               or
               wander
               .
            
             
               Whatsoever
               else
               belongs
               to
               a
               Proem
               ,
               is
               drawn
               from
               one
               of
               these
               four
               ;
               From
               the
               Speaker
               ,
               From
               the
               Adversary
               ,
               From
               the
               Hearer
               ,
               or
               from
               the
               Matter
               .
            
             
               From
               the
               Speaker
               and
               Adversary
               are
               drawn
               into
               Proems
               such
               Criminations
               and
               Purgations
               as
               belong
               not
               to
               the
               cause
               .
            
             
               To
               the
               Defendant
               't
               is
               necessary
               in
               the
               Proem
               to
               answer
               to
               the
               accusations
               of
               his
               Adversary
               ;
               that
               those
               being
               cleared
               ,
               he
               may
               have
               a
               more
               favourable
               entrance
               to
               the
               rest
               of
               his
               Oration
               .
            
             
               But
               to
               the
               Plaintife
               't
               is
               better
               to
               cast
               his
               Criminations
               all
               into
               the
               Epilogue
               ,
               that
               the
               Judge
               may
               the
               more
               easily
               remember
               them
               .
            
             
               From
               the
               Hearer
               and
               from
               the
               Matter
               are
               drawn
               into
               the
               Proem
               such
               things
               as
               serve
               to
               make
               the
               Hearer
               favourable
               ,
               or
               angry
               ;
               attentive
               ,
               or
               nor
               attentive
               ,
               as
               need
               shall
               require
               .
            
             
               And
               Hearers
               use
               to
               be
               attentive
               to
               persons
               that
               are
               reputed
               good
               ;
               to
               things
               that
               are
               of
               
                 great
                 Consequence
              
               ,
               or
               that
               
                 concern
                 thomselves
              
               ,
               or
               that
               are
               strange
               ,
               or
               that
               delight
               .
            
             
             
               But
               to
               make
               the
               Hearer
               attentive
               ,
               is
               not
               the
               part
               of
               the
               proeme
               only
               ,
               but
               of
               any
               other
               part
               of
               the
               Oration
               ,
               and
               rather
               of
               any
               other
               part
               ,
               than
               of
               the
               proeme
               .
               For
               the
               Hearer
               is
               every
               where
               more
               remiss
               than
               in
               the
               beginning
               .
               And
               therefore
               wheresoever
               there
               is
               need
               ,
               the
               Orator
               must
               make
               appear
               both
               the
               probity
               of
               his
               own
               person
               ,
               and
               that
               the
               matter
               in
               hand
               is
               of
               
                 great
                 Consequence
              
               ;
               or
               that
               it
               concerns
               the
               Hearer
               ;
               or
               that
               it
               is
               new
               ;
               or
               that
               it
               is
               delightful
               .
            
             
               He
               that
               will
               have
               the
               Hearer
               attentive
               to
               him
               ,
               but
               not
               to
               the
               Cause
               ,
               must
               on
               the
               other
               side
               make
               it
               seem
               that
               the
               matter
               is
               a
               trifle
               ,
               without
               relation
               to
               the
               
                 Hearer
                 ,
                 common
              
               ,
               and
               tedious
               .
            
             
               That
               the
               Hearer
               may
               be
               favourable
               to
               the
               Speaker
               ,
               one
               of
               two
               things
               is
               required
               ;
               that
               he
               love
               him
               ,
               or
               that
               he
               pity
               them
               .
            
             
               In
               
                 Demonstrative
                 Orations
              
               ,
               he
               that
               praises
               shall
               have
               the
               Hearer
               favourable
               if
               he
               think
               himself
               ,
               or
               his
               own
               manners
               ,
               or
               course
               of
               life
               ,
               or
               any
               thing
               he
               loves
               ,
               comprehended
               in
               the
               same
               praise
               .
            
             
               On
               the
               contrary
               ,
               he
               that
               dispraises
               ,
               shall
               be
               heard
               favourably
               ,
               if
               the
               Hearer
               find
               his
               Enemies
               ,
               or
               
                 their
                 courses
              
               ,
               or
               any
               thing
               he
               hates
               ,
               involv'd
               in
               the
               same
               dispraise
               .
            
             
               The
               Proeme
               of
               a
               
                 Deliberative
                 Oration
              
               is
               taken
               from
               the
               same
               things
               ,
               from
               which
               are
               taken
               the
               Proemes
               of
               
                 Judicial
                 Orations
              
               .
               
               For
               the
               matter
               of
               a
               
                 Deliberative
                 Oration
              
               needeth
               not
               that
               natural
               proeme
               ,
               by
               which
               is
               shewn
               what
               we
               are
               to
               speak
               of
               ;
               for
               that
               is
               already
               known
               :
               the
               proeme
               in
               these
               ,
               being
               made
               only
               for
               the
               Speakers
               ,
               or
               Adversaries
               sake
               ;
               or
               to
               make
               the
               Matter
               appear
               great
               ,
               or
               little
               ,
               as
               one
               would
               have
               it
               ,
               and
               is
               therefore
               to
               be
               taken
               from
               the
               persons
               of
               the
               Plaintif
               or
               Defendant
               ;
               or
               from
               the
               Hearer
               ,
               or
               from
               the
               Matter
               ,
               as
               in
               
                 Orations
                 Judicial
              
               .
            
          
           
             
               CHAP.
               XIV
               .
            
             
               
                 Places
                 of
                 Crimination
                 ,
                 and
                 Purgation
                 .
              
            
             
               1.
               
               ONe
               is
               from
               the
               removal
               of
               
                 ill
                 Opinion
              
               in
               the
               Hearer
               ,
               imprinted
               in
               him
               by
               the
               Adversary
               ,
               or
               otherwise
               .
            
             
               2.
               
               Another
               from
               this
               ,
               That
               the
               thing
               done
               is
               
                 not
                 hurtful
              
               ,
               or
               
                 not
                 to
                 him
              
               ,
               or
               
                 not
                 so
                 much
              
               ,
               or
               
                 not
                 unjust
              
               ,
               or
               
                 not
                 great
              
               ,
               or
               
                 not
                 dishonourable
              
               .
            
             
               3.
               
               
                 A
                 Third
                 from
                 the
              
               Recompence
               ,
               as
               ,
               I
               did
               him
               harm
               ,
               but
               withal
               I
               did
               him
               honour
               .
            
             
               4.
               
               A
               Fourth
               from
               the
               Excuse
               ;
               as
               ,
               
                 It
                 was
                 Errour
                 ,
                 Mischance
              
               ,
               or
               Constraint
               .
            
             
               5.
               
               
                 A
                 Fifth
                 from
                 the
              
               Intention
               ;
               as
               ,
               One
               thing
               was
               done
               ,
               another
               meant
               .
            
             
             
               6.
               
               
                 A
                 Sixth
                 from
                 the
              
               Comprehension
               of
               the
               Accuser
               ;
               as
               ,
               What
               I
               have
               done
               ,
               the
               Accuser
               has
               done
               the
               same
               ;
               
                 or
                 his
              
               Father
               ,
               Kinsman
               ,
               or
               Friend
               .
            
             
               7.
               
               
                 From
                 the
              
               Comprehension
               of
               those
               that
               are
               in
               Reputation
               ;
               as
               ,
               What
               I
               did
               ,
               such
               ,
               and
               such
               have
               done
               the
               same
               ,
               who
               nevertheless
               are
               good
               Men.
               
            
             
               8.
               
               From
               Comparison
               
                 with
                 such
                 as
                 have
                 been
              
               falsly
               accused
               ,
               or
               wrongfully
               suspected
               ,
               
                 and
                 nevertheless
              
               found
               upright
               .
            
             
               9.
               
               From
               Recrimination
               ;
               as
               ,
               The
               Accuser
               is
               a
               man
               of
               ill
               life
               ,
               and
               therefore
               not
               to
               be
               believed
               .
            
             
               10.
               
               
                 From
                 that
              
               the
               Judgment
               belongs
               to
               another
               Place
               ,
               or
               Time
               ;
               as
               ,
               I
               have
               already
               answered
               ,
               or
               am
               to
               answer
               else-where
               to
               this
               Matter
               .
            
             
               11.
               
               From
               Crimination
               of
               the
               Crimination
               ;
               as
               ,
               It
               serves
               only
               to
               ●e●vert
               Indgment
               .
            
             
               12.
               
               A
               Twelfth
               ,
               which
               is
               common
               both
               to
               Crimination
               and
               Purgation
               ,
               and
               is
               taken
               from
               
                 some
                 sign
              
               ;
               as
               Teucer
               
                 is
                 not
                 to
                 be
                 believed
                 ,
                 because
                 his
                 Mother
                 was
              
               Priam's
               Sister
               .
               On
               the
               other
               side
               ,
               Teucer
               
                 is
                 to
                 be
                 believed
                 ,
                 because
                 his
                 Father
                 was
              
               Priam's
               Enemy
               .
            
             
               13.
               
               A
               Thirteenth
               ,
               proper
               to
               Crimination
               only
               ,
               from
               
                 praise
                 and
                 dispraise
                 mixt
              
               ;
               as
               ,
               To
               praise
               small
               things
               ,
               and
               blame
               great
               ones
               ;
               or
               to
               praise
               in
               many
               words
               ,
               and
               blame
               with
               effectual
               ones
               ;
               or
               to
               praise
               many
               things
               
               that
               are
               good
               ,
               and
               then
               add
               one
               evil
               ,
               but
               a
               great
               one
               .
            
             
               14.
               
               
                 A
                 Fourteenth
                 ,
                 comming
                 both
                 to
              
               Crimination
               and
               Purgation
               ,
               
                 is
                 taken
                 from
                 the
              
               interpretation
               of
               the
               fact
               :
               
                 for
                 he
                 that
              
               purgeth
               himself
               interpreteth
               the
               fact
               
                 always
                 in
                 the
                 best
                 sense
                 ;
                 and
                 he
                 that
              
               Criminates
               ,
               
                 always
                 in
                 the
                 worst
                 ;
                 as
                 when
              
               Vlysses
               said
               ,
               Diomedes
               chose
               him
               for
               his
               Companion
               ,
               as
               the
               most
               able
               of
               the
               Grecians
               ,
               to
               aid
               him
               in
               his
               exploit
               :
               
                 but
                 his
              
               Adversary
               said
               ,
               He
               chose
               him
               for
               his
               cowardize
               ,
               as
               the
               most
               unlikely
               to
               share
               with
               him
               in
               the
               Honour
               .
            
          
           
             
               CHAP.
               XV.
               
            
             
               
                 Of
                 the
                 Narration
                 .
              
            
             
               THe
               Narration
               is
               not
               always
               continued
               and
               of
               one
               Piece
               ;
               but
               sometimes
               ,
               as
               in
               Demonstratives
               ,
               interrupted
               ,
               and
               dispersed
               through
               the
               whole
               Oration
               .
            
             
               For
               there
               being
               in
               a
               Narration
               something
               that
               falls
               not
               under
               Art
               ;
               as
               namely
               ,
               the
               Actions
               themselves
               ,
               which
               the
               Orator
               inventeth
               not
               ;
               he
               must
               therefore
               bring
               in
               the
               Narration
               of
               them
               where
               he
               best
               may
               .
               As
               for
               Example
               ,
               if
               being
               to
               praise
               a
               Man
               ,
               you
               would
               make
               a
               Narration
               of
               all
               his
               Acts
               immediately
               from
               the
               beginning
               ,
               and
               without
               
               interruption
               ,
               you
               will
               find
               it
               necessary
               afterwards
               to
               repeat
               the
               same
               Acts
               again
               ,
               while
               from
               some
               of
               them
               you
               praise
               his
               Valour
               ,
               and
               from
               others
               his
               Wisdom
               ;
               whereby
               your
               Oration
               shall
               have
               less
               variety
               ,
               and
               shall
               less
               please
               .
            
             
               'T
               is
               not
               necessary
               always
               that
               the
               Narration
               be
               short
               .
               The
               true
               measure
               of
               it
               must
               be
               taken
               from
               the
               matter
               that
               is
               to
               be
               laid
               open
               .
            
             
               In
               the
               Narration
               ,
               as
               oft
               as
               may
               be
               ,
               't
               is
               good
               to
               insert
               somewhat
               commendable
               in
               ones
               self
               ,
               and
               blameable
               in
               ones
               Adversary
               :
               As
               ,
               
                 I
                 advised
                 him
                 ,
                 but
                 he
                 would
                 take
                 no
                 Counsel
                 .
              
            
             
               In
               Narrations
               ,
               a
               Man
               is
               to
               leave
               out
               whatsoever
               breeds
               compassion
               ,
               indignation
               in
               the
               Hearer
               besides
               the
               purpose
               ;
               as
               Vlysses
               in
               Homer
               ,
               relating
               his
               Travels
               to
               Alcinous
               ,
               to
               move
               compassion
               in
               him
               ,
               is
               so
               long
               in
               it
               ,
               that
               it
               consists
               of
               divers
               Books
               :
               but
               when
               he
               comes
               home
               ,
               tells
               the
               same
               to
               his
               Wife
               in
               thirty
               Verses
               ,
               leaving
               out
               what
               might
               make
               her
               sad
               .
            
             
               The
               Narration
               ought
               also
               to
               be
               in
               such
               words
               as
               argue
               the
               Manners
               ;
               that
               is
               ,
               some
               virtuous
               or
               vicious
               habit
               in
               him
               of
               whom
               we
               speak
               ,
               although
               it
               be
               not
               exprest
               ;
               
                 As
                 ,
                 setting
                 his
                 Arms
                 a
                 kenbold
                 ,
                 he
                 answered
                 ,
                 &c.
              
               by
               which
               is
               insinuated
               the
               Pride
               of
               him
               that
               so
               answered
               .
            
             
             
               In
               an
               Oration
               a
               Man
               does
               better
               to
               shew
               his
               affection
               than
               his
               Judgment
               :
               this
               is
               ,
               'T
               is
               better
               to
               say
               ,
               
                 I
                 like
                 this
              
               ;
               than
               to
               say
               ,
               
                 This
                 is
              
               better
               .
               For
               by
               the
               one
               you
               would
               seem
               wise
               ,
               by
               the
               other
               good
               .
               But
               favour
               follows
               Goodness
               ;
               whereas
               Wisdom
               procures
               Envy
               .
            
             
               But
               if
               this
               Affection
               seem
               incredible
               ,
               then
               either
               a
               reason
               must
               be
               rendered
               ,
               as
               did
               Antigone
               .
               For
               when
               she
               had
               said
               ,
               
                 She
                 loved
                 her
                 Brother
                 better
                 than
                 her
                 Husband
                 ,
                 or
                 Children
              
               ;
               she
               added
               ,
               
                 for
                 Husband
                 and
                 Children
                 I
                 may
                 have
                 more
                 ;
                 but
                 another
                 Brother
                 I
                 cannot
                 ,
                 my
                 Parents
                 being
                 both
                 dead
                 .
              
               Or
               else
               a
               Man
               must
               use
               this
               form
               of
               speaking
               ;
               
                 I
                 know
                 this
                 affection
                 of
                 mine
                 seems
                 strange
                 to
                 you
                 ;
                 but
                 nevertheless
                 it
                 is
                 such
                 .
              
               For
               't
               is
               not
               easily
               believed
               ,
               that
               any
               Man
               has
               a
               mind
               to
               do
               any
               thing
               that
               is
               not
               for
               his
               own
               good
               .
            
             
               Besides
               in
               a
               Narration
               ,
               not
               only
               the
               Actions
               themselves
               ;
               but
               the
               Passions
               ,
               and
               signs
               that
               accompany
               them
               ,
               are
               to
               be
               discovered
               .
            
             
               And
               in
               his
               Narration
               a
               Man
               should
               make
               himself
               and
               his
               Adversary
               be
               considered
               for
               such
               ,
               and
               such
               ,
               as
               soon
               ,
               and
               as
               covertly
               as
               he
               can
               .
            
             
               A
               Narration
               may
               have
               need
               sometimes
               not
               to
               be
               in
               the
               beginning
               .
            
             
               In
               
                 Deliberative
                 Orations
              
               ;
               that
               is
               ,
               where
               soever
               the
               question
               is
               of
               things
               to
               come
               ;
               a
               
               Narration
               ,
               which
               is
               always
               of
               things
               past
               ,
               has
               no
               place
               :
               and
               yet
               things
               past
               may
               be
               recounted
               ,
               that
               Men
               may
               Deliberate
               better
               of
               the
               future
               :
               But
               that
               is
               not
               as
               Narration
               ,
               but
               Proof
               ;
               for
               't
               is
               Example
               .
            
             
               There
               may
               also
               be
               Narration
               in
               Deliberatives
               in
               that
               part
               where
               Crimination
               and
               Praise
               come
               in
               :
               But
               that
               part
               is
               not
               Deliberative
               ,
               but
               Demonstrative
               .
            
          
           
             
               CHAP.
               XVI
               .
            
             
               
                 Of
                 Proof
                 ,
                 or
                 Confirmation
                 ,
                 and
                 Refutation
                 .
              
            
             
               PRoofs
               are
               to
               be
               applyed
               to
               something
               Controverted
               .
            
             
               
                 The
                 Controversie
                 in
              
               Judicial
               Orations
               is
               ,
               Whether
               it
               has
               been
               done
               ;
               whether
               it
               has
               been
               hurtful
               ;
               whether
               the
               matter
               be
               so
               great
               ,
               and
               whether
               it
               be
               Just
               ,
               or
               no.
               
            
             
               In
               a
               question
               of
               Fact
               ,
               one
               of
               the
               Parties
               of
               necessity
               is
               faulty
               (
               for
               ignorance
               of
               the
               Fact
               is
               no
               excuse
               )
               and
               therefore
               the
               Fact
               is
               chiefly
               to
               be
               insisted
               on
               .
            
             
               In
               Demonstratives
               ,
               the
               Fact
               for
               the
               most
               part
               is
               supposed
               :
               but
               the
               honour
               and
               profit
               of
               the
               Fact
               are
               to
               be
               proved
               .
            
             
               In
               Deliberatives
               ,
               the
               question
               is
               ,
               Whether
               the
               thing
               be
               
                 like
                 to
                 be
                 ,
                 or
                 likely
                 to
                 be
                 so
                 
                 Great
              
               ;
               or
               whether
               it
               be
               Just
               ;
               or
               whether
               it
               be
               profitable
               .
            
             
               Besides
               the
               application
               of
               the
               proof
               to
               the
               question
               ,
               a
               Man
               ought
               to
               observe
               ,
               whether
               his
               Adversary
               have
               lyed
               in
               any
               point
               without
               the
               Cause
               .
               For
               't
               is
               a
               sign
               he
               does
               the
               same
               in
               the
               Cause
               .
            
             
               The
               Proofs
               themselves
               are
               either
               Examples
               ,
               or
               Enthymemes
               .
            
             
               A
               
                 Deliberative
                 Oration
              
               ,
               because
               't
               is
               of
               things
               to
               come
               ,
               requireth
               rather
               Examples
               ,
               than
               Enthymemes
               .
            
             
               But
               a
               
                 Judicial
                 Oration
              
               ,
               being
               of
               things
               past
               ,
               which
               have
               a
               necessity
               in
               them
               ,
               and
               may
               be
               concluded
               Syllogistically
               ,
               requireth
               rather
               Enthymemes
               .
            
             
               Enthymemes
               ought
               not
               to
               come
               too
               thick
               together
               :
               for
               they
               hinder
               one
               anothers
               force
               by
               confounding
               the
               Hearer
               .
            
             
               Nor
               ought
               a
               Man
               endeavour
               to
               prove
               every
               thing
               by
               Enthymeme
               ,
               least
               like
               some
               Philosophers
               ,
               he
               collect
               what
               is
               known
               ,
               from
               what
               is
               
                 less
                 known
              
               .
            
             
               Nor
               ought
               a
               Man
               to
               use
               Enthymemes
               ,
               when
               he
               would
               move
               the
               Hearer
               to
               some
               affection
               :
               For
               seeing
               divers
               Motions
               do
               mutually
               destroy
               or
               weaken
               one
               another
               ,
               he
               will
               lose
               either
               the
               Enthymeme
               ,
               or
               the
               affection
               that
               he
               would
               move
               .
            
             
               For
               the
               same
               reason
               ,
               a
               Man
               ought
               not
               to
               use
               Enthymemes
               when
               he
               would
               express
               Manners
               .
            
             
             
               But
               whether
               he
               would
               move
               affection
               ,
               or
               insinuate
               his
               Manners
               ,
               he
               may
               withal
               use
               Sentences
               .
            
             
               A
               
                 Deliberative
                 Oration
              
               is
               more
               difficult
               than
               a
               Judicial
               ,
               because
               't
               is
               of
               the
               future
               ,
               whereas
               a
               Judicial
               is
               of
               that
               which
               is
               past
               ,
               and
               that
               consequently
               may
               be
               known
               ;
               and
               because
               it
               has
               principles
               ,
               namely
               the
               Law
               ;
               and
               it
               is
               easier
               to
               prove
               from
               principles
               ,
               than
               without
               .
            
             
               Besides
               ,
               a
               
                 Deliberative
                 Oration
              
               wants
               those
               helps
               of
               
                 turning
                 to
                 the
                 Adversary
              
               ,
               of
               
                 speaking
                 of
                 himself
              
               ;
               of
               
                 raising
                 passion
              
               .
            
             
               He
               therefore
               that
               wants
               matter
               in
               a
               
                 Deliberative
                 Oration
              
               ,
               let
               him
               bring
               in
               some
               person
               to
               praise
               or
               dispraise
               .
            
             
               And
               in
               Demonstratives
               he
               that
               has
               nothing
               to
               say
               in
               commendation
               or
               discommendation
               of
               the
               
                 principal
                 party
              
               ,
               let
               him
               praise
               or
               dispraise
               some
               body
               else
               ,
               as
               his
               Father
               ,
               or
               Kinsman
               ,
               or
               the
               very
               vertues
               or
               vices
               themselves
               .
            
             
               He
               that
               wants
               not
               Proofs
               ,
               let
               him
               not
               only
               prove
               strongly
               ,
               but
               also
               insinuate
               his
               Manners
               :
               but
               he
               that
               has
               no
               proof
               ,
               let
               him
               nevertheless
               insinuate
               his
               Manners
               .
               For
               a
               
                 good
                 man
              
               is
               as
               acceptable
               ,
               as
               an
               exact
               Oration
               .
            
             
               Of
               Proofs
               ,
               those
               that
               
                 lead
                 to
                 an
                 absurdity
              
               ,
               please
               better
               than
               those
               that
               are
               direct
               or
               ostensive
               ;
               because
               from
               the
               comparison
               of
               Contraries
               ,
               namely
               ,
               Truth
               and
               Falsity
               ,
               the
               
               force
               of
               the
               Syllogisme
               does
               the
               better
               appear
               .
            
             
               Confutation
               is
               also
               a
               part
               of
               proof
               .
            
             
               And
               he
               that
               speaks
               first
               ,
               puts
               it
               after
               his
               own
               proofs
               ,
               unless
               the
               Controversie
               contain
               many
               and
               different
               matters
               .
               And
               he
               that
               speaks
               last
               ,
               puts
               it
               before
               .
            
             
               For
               't
               is
               necessary
               to
               make
               way
               for
               his
               own
               Oration
               ,
               by
               removing
               the
               Objections
               of
               him
               that
               spake
               before
               .
               For
               the
               mind
               abhors
               both
               the
               Man
               ,
               and
               his
               Oration
               ,
               that
               is
               damned
               before
               hand
               .
            
             
               If
               a
               Man
               desire
               his
               Manners
               should
               appear
               well
               ,
               (
               least
               speaking
               of
               himself
               he
               become
               odious
               ,
               or
               troublesome
               ,
               or
               obnoxious
               to
               obtrectation
               ;
               or
               speaking
               of
               another
               ,
               he
               seem
               contumelious
               ,
               or
               scurrilous
               )
               let
               him
               introduce
               another
               person
               .
            
             
               Last
               of
               all
               ,
               least
               he
               cloy
               his
               Hearer
               with
               Enthymemes
               ,
               let
               him
               vary
               them
               sometimes
               with
               Sentences
               ;
               but
               such
               as
               have
               the
               same
               force
               .
               As
               here
               is
               an
               
                 Enthymeme
                 .
                 If
                 it
                 be
                 then
                 the
                 best
                 time
                 to
                 make
                 peace
                 when
                 the
                 best
                 conditions
                 of
                 peace
                 may
                 be
                 had
                 ,
                 than
                 the
                 time
                 is
                 now
                 ,
                 while
                 our
                 Fortune
                 is
                 entire
                 .
              
               And
               this
               is
               a
               Sentence
               of
               equal
               force
               to
               it
               .
               
                 Wise
                 Men
                 make
                 peace
                 ,
                 while
                 their
                 Fortune
                 is
                 entire
                 .
              
            
          
           
             
             
               CHAP.
               XVII
               .
            
             
               
                 Of
                 Interrogations
                 ,
                 Answers
                 ,
                 and
                 Jests
                 .
              
            
             
               THe
               times
               wherein
               't
               is
               fit
               to
               ask
               ones
               Adversary
               a
               question
               are
               chiefly
               four
               .
            
             
               1.
               
               The
               first
               is
               ,
               when
               of
               two
               Propositions
               that
               conclude
               an
               Absurdity
               ,
               he
               has
               already
               uttered
               one
               ;
               and
               we
               would
               by
               Interrogation
               draw
               him
               to
               confess
               the
               other
               .
            
             
               2.
               
               The
               Second
               ,
               when
               of
               two
               Propositions
               that
               conclude
               an
               Absurdity
               ,
               one
               is
               manifest
               of
               it self
               ,
               and
               the
               other
               likely
               to
               be
               fetch'd
               out
               by
               a
               question
               ;
               then
               the
               Interrogation
               will
               be
               seasonable
               ;
               and
               the
               absurd
               Conclusion
               is
               presently
               to
               be
               inferr'd
               ,
               without
               adding
               that
               Proposition
               which
               is
               manifest
               .
            
             
               3.
               
               The
               third
               ,
               when
               a
               Man
               would
               make
               appear
               that
               his
               Adversary
               does
               contradict
               himself
               .
            
             
               4.
               
               The
               Fourth
               ,
               when
               a
               Man
               would
               take
               from
               his
               Adversary
               such
               shifts
               as
               these
               ,
               
                 In
                 some
                 sort
                 't
                 is
                 so
                 ;
                 In
                 some
                 sort
                 't
                 is
                 not
                 so
                 .
              
            
             
               Out
               of
               these
               Cases
               't
               is
               not
               fit
               to
               Interrogate
               .
               For
               he
               whose
               question
               succeeds
               not
               ,
               is
               thought
               vanquished
               .
            
             
               To
               equivocal
               questions
               a
               Man
               ought
               to
               answer
               fully
               ,
               and
               not
               to
               be
               too
               brief
               .
            
             
             
               To
               Interrogations
               which
               we
               fore-see
               tend
               to
               draw
               from
               us
               an
               Answer
               ,
               contrary
               to
               our
               purpose
               ,
               we
               must
               ,
               together
               with
               our
               Answer
               ,
               presently
               give
               an
               Answer
               to
               the
               objection
               which
               is
               implyed
               in
               the
               question
               .
            
             
               And
               where
               the
               question
               exacteth
               an
               answer
               that
               concludeth
               against
               us
               ,
               we
               must
               together
               with
               our
               answer
               presently
               distinguish
               .
            
             
               Jests
               are
               dissolved
               by
               serious
               and
               grave
               discourse
               :
               and
               grave
               discourse
               is
               deluded
               by
               Jests
               .
            
             
               The
               several
               kinds
               of
               Jests
               are
               set
               down
               in
               the
               Art
               of
               Poetry
               .
            
             
               Whereof
               one
               kind
               is
               Ironia
               ,
               and
               tends
               to
               please
               ones
               self
               .
            
             
               The
               other
               is
               Scurrility
               ,
               and
               tends
               to
               please
               others
               .
            
             
               The
               latter
               of
               these
               has
               in
               it
               a
               kind
               of
               baseness
               :
               the
               former
               may
               become
               a
               Man
               of
               good
               breeding
               .
            
          
           
             
             
               CHAP.
               XVIII
               .
            
             
               
                 Of
                 the
                 Epilogue
                 .
              
            
             
               THe
               Epilogue
               must
               consist
               of
               one
               of
               these
               four
               things
               .
            
             
               Either
               of
               inclining
               the
               Judg
               to
               favour
               his
               own
               ,
               or
               disfavour
               the
               Adversaries
               side
               :
               For
               then
               when
               all
               is
               said
               in
               the
               cause
               ,
               is
               the
               best
               season
               to
               praise
               ,
               or
               dispraise
               the
               Parties
               .
            
             
               Or
               of
               Amplification
               or
               Diminution
               .
               For
               when
               it
               appears
               what
               is
               good
               or
               evil
               ,
               then
               is
               the
               time
               to
               shew
               
                 how
                 great
                 ,
                 or
                 how
                 little
              
               that
               good
               or
               evil
               is
               .
            
             
               Or
               in
               moving
               the
               Judge
               to
               
                 Anger
                 ,
                 Love
              
               ,
               or
               other
               Passion
               .
               For
               when
               't
               is
               manifest
               of
               what
               kind
               ,
               and
               how
               great
               the
               good
               or
               evil
               is
               ,
               then
               it
               will
               be
               opportune
               to
               excite
               the
               Judge
               .
            
             
               Or
               of
               Repetition
               ,
               that
               the
               Judge
               may
               remember
               what
               has
               been
               said
               .
            
             
               Repetition
               consisteth
               in
               the
               matter
               ,
               and
               the
               manner
               .
               For
               the
               Orator
               must
               shew
               ,
               that
               he
               has
               performed
               what
               he
               promised
               in
               the
               beginning
               of
               his
               Oration
               ,
               and
               how
               :
               Namely
               ,
               by
               comparing
               his
               Arguments
               one
               by
               one
               with
               his
               Adversaries
               ,
               repeating
               them
               in
               the
               same
               order
               they
               were
               spoken
               .
            
             
               FINIS
               .
            
          
        
      
       
         
           
           
             THE
             ART
             OF
             Rhetorick
             Plainly
             set
             forth
             ;
             with
             Pertinent
             EXAMPLES
             For
             the
             more
             easie
             understanding
             and
             Practice
             of
             the
             same
             .
          
           
             By
             
               Tho.
               Hobbes
            
             ,
             of
             Malmsbury
             .
          
           
             LONDON
             .
             Printed
             ,
             for
             
               W.
               Crook
            
             .
             1681.
             
          
        
         
           
           
           
             THE
             ART
             OF
             RHETORICK
             .
          
           
             RHetorick
             is
             an
             Art
             of
             speaking
             finely
             .
          
           
             It
             hath
             two
             parts
             .
          
           
             1.
             
             Garnishing
             of
             speech
             ,
             called
             Elocution
             .
          
           
             2.
             
             Garnishing
             of
             the
             manner
             of
             utterance
             called
             Pronunciation
             .
          
           
             Garnishing
             of
             speech
             is
             the
             first
             part
             of
             Rhetorick
             ,
             whereby
             the
             speech
             it self
             is
             beautified
             and
             made
             fine
             .
          
           
             It
             is
             either
             ,
          
           
             1.
             
             The
             fine
             manner
             of
             words
             ,
             called
             a
             Trope
             ,
             or
             ,
          
           
             2.
             
             The
             fine
             shape
             or
             frame
             of
             speech
             ,
             called
             a
             Figure
             .
          
           
           
             The
             fine
             manner
             of
             words
             is
             a
             garnishing
             of
             Speech
             ,
             whereby
             one
             word
             is
             drawn
             from
             his
             first
             proper
             signification
             ,
             to
             another
             ;
             as
             in
             this
             sentence
             :
             
               Sin
               lyeth
               at
               the
               door
            
             :
             where
             Sin
             is
             put
             for
             the
             punishment
             of
             sin
             adjoyned
             unto
             it
             :
             
               Lyeth
               at
               the
               door
            
             signifieth
             at
             hand
             ;
             as
             that
             which
             lyeth
             at
             the
             Door
             ,
             is
             ready
             to
             be
             brought
             in
             .
          
           
             This
             changing
             of
             words
             was
             first
             found
             out
             by
             necessity
             ,
             for
             the
             want
             of
             words
             ;
             afterward
             confirmed
             by
             Delight
             ,
             because
             such
             words
             are
             pleasant
             and
             gracious
             to
             the
             ear
             .
             Therefore
             this
             change
             of
             signification
             must
             be
             shamefac'd
             ,
             and
             ,
             as
             it
             were
             ,
             maidenly
             ,
             that
             it
             may
             seem
             rather
             to
             be
             led
             by
             the
             hand
             to
             another
             signification
             ,
             to
             be
             driven
             by
             force
             unto
             the
             same
             :
             yet
             sometimes
             this
             fine
             manner
             of
             Speech
             swerveth
             from
             this
             perfection
             ,
             and
             then
             it
             is
             ,
          
           
             Either
          
           
             1.
             
             The
             abuse
             of
             this
             fine
             Speech
             ,
             called
             Katachresis
             ,
             or
          
           
             2.
             
             The
             excess
             of
             this
             fineness
             ,
             call'd
             Hyperbole
             .
          
           
             Be
             not
             too
             just
             ,
             nor
             too
             wicked
             :
             
               which
               speech
               ,
               although
               it
               seem
               very
               hard
               ,
               yet
               it
               doth
               not
               ,
               without
               some
               fineness
               of
               Speech
               ,
               utter
               thus
               much
               ,
            
             That
             one
             seek
             not
             a
             righteousness
             beyond
             the
             Law
             of
             God
             ;
             and
             that
             when
             none
             can
             live
             without
             all
             sin
             ,
             yet
             that
             they
             take
             heed
             that
             sin
             bear
             not
             Dominion
             over
             
             them
             ,
             As
             ,
             My
             Tears
             are
             my
             Meat
             day
             and
             night
             .
             Those
             that
             hate
             me
             are
             mo
             in
             number
             ,
             than
             the
             Hairs
             of
             my
             Head.
             
               Both
               which
               do
               utter
               by
               an
               express
               of
               Speech
               ,
               a
               great
               sorrow
               ,
               and
               a
               great
               number
               of
               Enemies
               .
            
          
           
             The
             abuse
             of
             Speech
             ,
             is
             ,
             when
             the
             change
             of
             Speech
             is
             hard
             ,
             strange
             ,
             and
             unwonted
             ,
             as
             in
             the
             first
             example
             .
          
           
             The
             excess
             of
             Speech
             is
             ,
             when
             the
             change
             of
             signification
             is
             very
             high
             and
             lofty
             ,
             as
             in
             the
             second
             Example
             ,
             and
             Ps.
             6.
             7.
             
          
           
             But
             the
             excellency
             ,
             or
             fineness
             of
             Words
             ,
             or
             Tropes
             ,
             is
             most
             excellent
             ,
             when
             divers
             are
             ,
          
           
             Shut
             up
             in
             one
             ;
             or
             ,
          
           
             Continued
             in
             many
             .
          
           
             An
             Example
             of
             the
             first
             sort
             is
             in
             the
             2
             
               Kings
               :
               I
               pray
               thee
               ,
               let
               me
               have
               a
               double
               portion
               of
               thy
               Spirit
               :
            
             where
             by
             Spirit
             ,
             is
             meant
             the
             gift
             of
             the
             Spirit
             ;
             and
             by
             
               thy
               Spirit
            
             ,
             the
             gift
             of
             the
             Spirit
             like
             to
             thine
             .
          
           
             The
             continuance
             of
             Tropes
             ,
             called
             an
             Allegorie
             ,
             is
             ,
             when
             one
             kind
             of
             Trope
             is
             so
             continued
             ;
             as
             ,
             look
             with
             what
             kind
             of
             matter
             it
             be
             begun
             ,
             with
             the
             same
             it
             be
             ended
             .
             So
             in
             the
             23
             
               Psal.
               The
               care
               of
               God
               towards
               his
               Church
               ,
               is
               set
               forth
               in
               the
               words
               proper
               to
               a
               Shepherd
               .
            
             So
             in
             the
             whole
             Book
             of
             
               Canticles
               ,
               the
               sweet
               conference
               of
               Christ
               and
               his
               Church
               ,
            
             is
             set
             down
             by
             the
             words
             proper
             to
             the
             
               Husband
               and
            
             the
             Wife
             .
             So
             old
             Age
             
             is
             set
             down
             by
             this
             garnishing
             
               of
               Speech
            
             ,
             Eccles.
             12.
             5
             ,
             6.
             
          
           
             Hitherto
             of
             the
             properties
             of
             a
             fine
             manner
             of
             words
             ,
             called
             a
             Trope
             .
          
           
             Now
             the
             divers
             sorts
             do
             follow
             .
          
           
             They
             are
             those
             which
             note
             out
             ,
          
           
             1.
             
             No
             Comparison
             ,
             and
             are
             with
             some
             Comparison
             ;
             or
             ,
          
           
             2.
             
             No
             respect
             of
             Division
             ,
             or
             some
             respect
             .
          
           
             The
             first
             is
             double
             :
          
           
             1.
             
             The
             change
             of
             name
             ,
             called
             a
             Metonymie
             .
          
           
             2.
             
             The
             mocking
             speech
             ,
             called
             an
             Ironie
             .
          
           
             The
             change
             of
             name
             ,
             is
             where
             the
             name
             of
             a
             thing
             ,
             is
             put
             for
             the
             name
             of
             a
             thing
             agreeing
             with
             it
             .
          
           
             It
             is
             double
             ,
          
           
             1.
             
             When
             the
             cause
             is
             put
             for
             the
             thing
             caused
             ,
             and
             contrariwise
             ,
          
           
             2.
             
             When
             the
             thing
             to
             which
             any
             thing
             is
             adjoyned
             ,
             is
             put
             for
             the
             thing
             adjoyned
             ;
             and
             contrariwise
             .
          
           
             The
             change
             of
             name
             of
             the
             cause
             ,
             is
             when
             ,
          
           
             Either
             the
             name
             of
             the
             Maker
             ,
             or
             the
             name
             of
             the
             Matter
             ,
             is
             put
             for
             the
             thing
             made
             .
          
           
             Of
             the
             Maker
             ,
             when
             the
             finder
             out
             ,
             or
             the
             Author
             of
             the
             thing
             ,
             or
             the
             instrument
             
             whereby
             the
             thing
             is
             done
             ,
             is
             put
             for
             the
             thing
             made
             .
             So
             Moses
             is
             put
             for
             his
             Writings
             :
             so
             Love
             is
             put
             for
             Liberality
             ,
             or
             bestowing
             Benefits
             ,
             the
             fruit
             of
             Love
             :
             so
             Faith
             the
             Cause
             ,
             is
             put
             for
             Religious
             serving
             of
             God
             ,
             the
             thing
             caused
             .
             Rom.
             1.
             
             So
             the
             tongue
             ,
             the
             instrument
             of
             speech
             ,
             is
             put
             for
             the
             Speech
             it self
             .
             Rule
             thy
             Tongue
             ,
             James
             3.
             
          
           
             
               Of
               the
               Matter
            
             :
             Thou
             art
             Dust
             ,
             and
             to
             Dust
             shalt
             thou
             return
             ;
             
               that
               is
            
             ,
             one
             made
             of
             Dust.
             
          
           
             Now
             on
             the
             other
             side
             ,
             when
             the
             thing
             caused
             ,
             or
             the
             effect
             is
             put
             for
             any
             of
             these
             causes
             .
             
               So
               the
               Gospel
               of
               God
               is
               called
               the
               Power
               of
               God
               to
               Salvation
            
             ;
             That
             is
             ,
             the
             instrument
             of
             the
             power
             of
             God.
             
               So
               Love
               is
               said
               to
               be
               bountiful
            
             ;
             because
             it
             causeth
             one
             to
             be
             bountiful
             .
             S.
             Paul
             saith
             ,
             
               The
               Bread
               that
               we
               break
               ,
               is
               it
               not
               in
               the
               Communion
               of
               the
               Body
               and
               Blood
               of
               Christ
               ?
            
             That
             is
             ,
             an
             instrument
             of
             the
             Communion
             of
             the
             Body
             of
             Christ.
             
               So
               ,
               the
               Body
               is
               said
               to
               be
               an
               earthly
               Tabernacle
               :
            
             That
             is
             ,
             a
             Tabernacle
             made
             of
             Earth
             .
          
           
             The
             change
             of
             Name
             ,
             or
             Metonymie
             ,
             where
             the
             Subject
             ,
             or
             that
             which
             hath
             any
             thing
             adjoyned
             ,
             is
             put
             for
             the
             thing
             adjoyned
             ,
             or
             adjoynt
             .
             So
             the
             place
             is
             put
             for
             those
             ,
             or
             that
             in
             the
             place
             :
             
               Set
               thine
               House
               in
               an
               order
               :
            
             That
             is
             ,
             thy
             Houshold
             matters
             .
             
             
               It
               shall
               be
               easier
               for
            
             Sodom
             and
             Gomorra
             :
             that
             is
             ,
             the
             People
             in
             Sodom
             and
             Gomorra
             .
             So
             
               Moses
               Chair
            
             is
             put
             for
             the
             Doctrine
             ,
             taught
             in
             
               Moses
               Chair
            
             .
             So
             ,
             all
             Jericho
             and
             Jerusalem
             
               came
               out
            
             :
             That
             is
             ,
             all
             the
             Men
             in
             Jericho
             and
             Jerusalem
             .
             So
             ,
             before
             ,
             Sin
             was
             put
             for
             the
             punishment
             of
             
               Sin
               :
               Let
               his
               Blood
               rest
               upon
               us
               and
               our
               Children
               :
            
             That
             is
             the
             punishment
             which
             shall
             follow
             his
             Death
             .
             So
             Christ
             said
             ,
             
               This
               is
               my
               Body
            
             ,
             That
             is
             ,
             a
             sign
             or
             Sacrament
             of
             my
             Body
             .
             
               This
               Wine
               is
               the
               New
               Testament
               in
               my
               Blood
            
             ;
             That
             is
             ,
             a
             Sign
             or
             Seal
             of
             the
             New
             Testament
             in
             my
             Blood.
             So
             John
             saith
             ,
             
               He
               saw
               the
               Spirit
               descending
               in
               the
               likeness
               of
               a
               Dove
               :
            
             That
             is
             ,
             the
             sign
             of
             the
             Spirit
             .
          
           
             On
             the
             other
             side
             ,
             the
             Adjunct
             is
             put
             for
             the
             thing
             to
             which
             it
             is
             adjoyned
             .
             As
             Christ
             is
             called
             
               our
               hope
               .
               1
               Tti.
            
             That
             is
             ,
             on
             whom
             our
             hope
             did
             depend
             :
             So
             ,
             
               we
               are
               justified
               by
               Faith
            
             ,
             That
             is
             ,
             by
             Christ
             ,
             applyed
             by
             Faith
             :
             So
             ,
             
               Love
               is
               the
               fulfilling
               of
               the
               Law
               ,
            
             That
             is
             ,
             those
             things
             to
             which
             it
             is
             adjoyned
             .
             
               Hope
               for
               the
               things
               hoped
               for
               ,
            
             Rom.
             8.
             28.
             
             So
             in
             the
             Epist.
             to
             the
             
               Eph.
               The
               dayes
               are
               evil
            
             :
             That
             is
             ,
             the
             Manner
             ,
             Conversation
             ,
             and
             Deeds
             of
             Men
             in
             the
             dayes
             .
          
           
             Hitherto
             of
             the
             Metonymie
             ,
             or
             change
             of
             name
             .
          
           
             Now
             followeth
             the
             Mocking
             speech
             ,
             or
             Ironie
             .
          
           
             
             
               CHAP.
               II.
               
            
             
               THe
               mocking
               Trope
               is
               ,
               when
               one
               contrary
               is
               signified
               by
               another
               ,
               as
               God
               said
               ,
               
                 Man
                 is
                 like
                 to
                 one
                 of
                 us
                 .
              
               So
               Christ
               saith
               ,
               
                 sleep
                 on
              
               ;
               and
               yet
               by
               and
               by
               ,
               
                 Arise
                 ,
                 let
                 us
                 go
              
               :
               so
               Paul
               saith
               ,
               
                 you
                 are
                 Wise
                 ,
                 and
                 I
                 am
                 a
                 Fool.
                 
              
            
             
               This
               Trope
               is
               perceived
               ,
               either
               by
               the
               contrariety
               of
               the
               Matter
               ,
               or
               the
               Manner
               of
               utterance
               ,
               or
               both
               :
               so
               Elias
               said
               to
               the
               Prophets
               of
               
                 Baal
                 ,
                 Cry
                 a
                 loud
              
               ,
               &c.
               
               So
               the
               Jews
               said
               unto
               Christ
               ;
               
                 Hail
                 ,
                 King
                 of
                 the
                 Jews
                 .
              
            
             
               Hitherto
               appertaineth
               the
               passing
               by
               a
               thing
               ,
               which
               yet
               with
               a
               certain
               elegancy
               noteth
               it
               :
               so
               
                 Philemon
                 ,
                 19.
                 
                 That
                 I
                 say
                 not
                 ,
                 thou
                 owest
                 thy self
                 unto
                 me
                 .
              
            
             
               Hitherto
               of
               the
               fineness
               of
               words
               which
               respect
               no
               division
               .
            
             
               Now
               followeth
               that
               which
               respecteth
               division
               ,
               called
               Synechdoche
               .
            
             
               A
               Synechdoche
               is
               when
               the
               name
               of
               the
               whole
               is
               given
               to
               the
               part
               ;
               or
               the
               name
               of
               the
               part
               to
               the
               whole
               .
            
             
               And
               it
               is
               double
               ;
            
             
               1.
               
               When
               the
               whole
               is
               put
               for
               the
               Member
               ,
               and
               contrarily
               .
            
             
               2.
               
               When
               the
               General
               ,
               or
               whole
               kind
               is
               put
               for
               the
               Special
               ,
               or
               contrarily
               .
            
             
             
               So
               S.
               
                 John
                 ,
                 Not
                 only
                 for
                 our
                 Sins
                 ,
                 but
                 for
                 the
                 Sins
                 of
                 the
                 whole
                 World.
              
               So
               Righteousness
               ,
               a
               Member
               of
               Goodness
               ,
               is
               put
               for
               all
               goodness
               :
               so
               Unrighteousness
               ,
               is
               put
               for
               all
               manner
               of
               Sins
               .
            
             
               
                 Examples
                 of
                 the
                 second
                 sort
                 ,
                 as
                 these
                 :
                 So
              
               Israel
               is
               put
               for
               those
               of
               Juda
               sometimes
               :
               So
               Nations
               for
               the
               Heathen
               :
               A
               Minister
               of
               Christ
               ,
               for
               an
               Apostle
               of
               Christ
               ,
               Rom.
               1.
               
               A
               Minister
               put
               for
               a
               distributer
               ,
               Rom.
               12.
               
            
             
               On
               the
               other
               side
               ,
               one
               sort
               or
               special
               is
               put
               for
               the
               whole
               sort
               ,
               or
               general
               ,
               in
               the
               Examples
               following
               .
               In
               the
               Lords
               Prayer
               ,
               Bread
               ,
               one
               help
               of
               life
               ,
               is
               put
               for
               all
               helps
               :
               
                 This
                 day
              
               ,
               one
               time
               ,
               for
               all
               times
               :
               so
               Solomon
               saith
               .
               
                 The
                 thing
                 of
                 the
                 day
                 in
                 his
                 day
              
               ;
               That
               is
               ,
               the
               thing
               of
               the
               time
               ,
               in
               his
               time
               .
            
             
               So
               sometimes
               less
               is
               spoken
               ,
               and
               yet
               more
               is
               understood
               ;
               which
               is
               called
               Diminution
               ,
               or
               Meiosis
               :
               As
               James
               saith
               ,
               to
               him
               
                 that
                 knoweth
                 how
                 to
                 do
                 well
                 ,
                 and
                 doth
                 not
                 ,
                 it
                 is
                 Sin
                 :
              
               That
               is
               ,
               a
               great
               sin
               .
               So
               our
               Saviour
               Christ
               saith
               ,
               
                 If
                 they
                 had
                 not
                 known
                 ,
                 they
                 had
                 had
                 no
                 Sin
                 :
              
               That
               is
               ,
               no
               such
               great
               Sin
               as
               they
               have
               now
               .
               Likewise
               the
               denial
               by
               Comparison
               :
               so
               Solomon
               saith
               ,
               
                 Receive
                 my
                 Words
                 ,
                 and
                 not
                 Silver
                 :
              
               That
               is
               ,
               my
               words
               rather
               than
               Silver
               :
               so
               Paul
               saith
               ,
               
                 I
                 was
                 sent
                 to
                 Preach
                 ,
                 and
                 not
                 to
                 Baptise
                 :
              
               That
               is
               ,
               not
               so
               much
               to
               Baptise
               ,
               as
               to
               Preach
               .
            
             
             
               Hitherto
               of
               the
               fineness
               of
               Words
               ,
               which
               note
               out
               no
               Comparison
               .
               Now
               followeth
               the
               fineness
               of
               words
               which
               noteth
               out
               Comparison
               ,
               called
               a
               Metaphor
               .
            
          
           
             
               CHAP.
               III.
               
            
             
               A
               Metaphor
               is
               when
               the
               like
               is
               signified
               by
               the
               like
               :
               as
               1
               Cor.
               The
               Apostle
               saith
               ,
               
                 Doctrine
                 must
                 be
                 tryed
                 by
                 Fire
              
               ;
               That
               is
               ,
               the
               evidence
               of
               the
               Word
               ,
               Spirit
               ,
               
                 trying
                 Doctrine
              
               ,
               as
               Fire
               doth
               Metals
               .
               So
               Christ
               is
               said
               to
               
                 Baptize
                 with
                 Fire
              
               :
               where
               Fire
               is
               put
               for
               the
               power
               of
               the
               Holy
               Ghost
               ,
               purging
               as
               Fire
               :
               so
               Christ
               saith
               ,
               
                 None
                 shall
                 enter
                 into
                 the
                 Kingdom
                 of
                 God
                 ,
                 but
                 he
                 that
                 is
                 Born
                 of
                 the
                 Holy
                 Ghost
                 and
                 Water
                 :
              
               so
               Paul
               calleth
               himself
               the
               Father
               of
               the
               Corinths
               ,
               who
               said
               ,
               
                 That
                 he
                 begat
                 them
                 in
                 Christ
                 :
              
               so
               he
               calleth
               Timothy
               and
               Titus
               his
               Natural
               Sons
               in
               the
               Faith.
               
            
             
               Hitherto
               of
               a
               Trope
               ,
               or
               Garnishing
               of
               Speech
               in
               one
               word
               ,
               where
               the
               Metaphor
               is
               most
               usual
               ;
               then
               the
               change
               of
               Name
               ;
               then
               the
               Synechdoche
               ;
               and
               last
               of
               all
               ,
               the
               Ironie
               .
               Now
               followeth
               the
               fine
               Frame
               or
               shape
               of
               speech
               ;
               called
               a
               Figure
               .
            
             
               A
               Figure
               is
               a
               Garnishing
               of
               Speech
               ;
               wherein
               the
               course
               of
               the
               same
               is
               changed
               
               from
               the
               more
               simple
               and
               plain
               manner
               of
               speaking
               ,
               unto
               that
               which
               is
               more
               full
               of
               Excellency
               and
               Grace
               .
               For
               as
               in
               the
               fineness
               of
               Words
               ,
               or
               a
               Trope
               ,
               Words
               are
               considered
               asunder
               by
               themselves
               :
               so
               in
               the
               fine
               shape
               or
               frame
               of
               Speech
               or
               a
               Figure
               ,
               the
               apt
               and
               pleasant
               joyning
               together
               of
               many
               Words
               is
               noted
               .
            
             
               The
               Garnishing
               of
               the
               Shape
               of
               Speech
               or
               a
               Figure
               ,
               is
               Garnishing
               of
               Speech
               in
               Words
               ,
               or
               in
               a
               Sentence
               .
            
             
               The
               Garnishing
               of
               Speech
               in
               Words
               ,
               called
               
                 Figura
                 dictionis
              
               ,
               is
               wherein
               the
               Speech
               is
               Garnished
               by
               the
               pleasant
               and
               sweet
               sound
               of
               Words
               joyned
               together
               .
            
             
               This
               is
               either
               ,
            
             
               1.
               
               In
               the
               measure
               of
               sounds
               ;
               or
            
             
               2.
               
               In
               the
               repetition
               of
               sounds
               .
            
             
               The
               measure
               of
               sounds
               is
               belonging
               either
               to
               ,
            
             
               1.
               
               Poets
               ,
               with
               us
               called
               Rhymers
               ;
               or
               ,
            
             
               2.
               
               Orators
               ,
               with
               us
               called
               Eloquent
               Pleaders
               .
            
             
               The
               first
               is
               the
               measure
               of
               sounds
               by
               certain
               and
               continual
               spaces
               :
               And
               it
               is
               either
               ,
            
             
               1.
               
               Rhyme
               ;
               or
               ,
            
             
               2.
               
               Verse
               .
            
             
               Rhyme
               is
               the
               first
               sort
               ,
               containing
               a
               certain
               measure
               of
               Syllables
               ending
               alike
               ,
               and
               these
               in
               the
               Mother
               Tongues
               are
               most
               
               fit
               for
               Psalms
               ,
               Songs
               ,
               or
               Sonnets
               .
            
             
               Verses
               are
               the
               second
               sort
               ,
               containing
               certain
               Feet
               fitly
               placed
               .
            
             
               A
               Foot
               is
               a
               measure
               framed
               by
               the
               length
               and
               shortness
               of
               Syllables
               :
               For
               the
               several
               sorts
               whereof
               ,
               as
               also
               of
               the
               verses
               of
               them
               ,
               because
               we
               have
               no
               worthy
               examples
               in
               our
               English
               Tongue
               ,
               we
               judge
               the
               large
               handling
               of
               them
               should
               be
               more
               curious
               than
               necessary
               .
            
             
               The
               measure
               of
               sounds
               belonging
               to
               Orators
               is
               that
               which
               ,
               as
               it
               is
               not
               uncertain
               ,
               so
               it
               differeth
               altogether
               from
               rhime
               and
               verse
               ,
               and
               is
               very
               changeable
               with
               it self
               .
               Therefore
               in
               that
               eloquent
               Speech
               you
               must
               altogether
               leave
               rhime
               and
               verse
               ,
               unless
               you
               alledge
               it
               for
               Authority
               and
               Pleasure
               .
            
             
               In
               the
               Beginning
               of
               the
               Sentence
               little
               care
               is
               to
               be
               had
               ,
               in
               the
               middle
               least
               of
               all
               ,
               and
               in
               the
               end
               chiefest
               regard
               is
               to
               be
               had
               ,
               because
               the
               fall
               of
               the
               Sentence
               is
               most
               marked
               ,
               and
               therefore
               lest
               it
               fall
               out
               to
               be
               harsh
               and
               unpleasant
               both
               to
               the
               mind
               and
               ear
               ,
               there
               must
               be
               most
               variety
               and
               change
               .
            
             
               Now
               this
               change
               must
               not
               be
               above
               six
               Syllables
               from
               the
               end
               ,
               and
               that
               must
               be
               set
               down
               in
               feet
               of
               two
               Syllables
               .
            
             
               And
               thus
               much
               of
               garnishing
               of
               speech
               by
               the
               measure
               of
               sounds
               ,
               rather
               to
               give
               some
               taste
               of
               the
               same
               to
               the
               Readers
               ,
               than
               to
               draw
               any
               to
               the
               curious
               and
               unnecessary
               practise
               of
               it
               .
            
             
             
               Now
               followeth
               the
               repeating
               of
               sounds
               .
            
          
           
             
               CHAP.
               IV.
               
            
             
               REpetition
               of
               sounds
               is
               either
               of
               the
               Like
               ,
               or
               the
               Vnlike
               sound
               .
            
             
               Of
               the
               Like
               ,
               is
               either
               continued
               to
               the
               end
               of
               ,
               or
               broken
               off
               from
               the
               same
               ,
               or
               a
               diverse
               sentence
               .
            
             
               Continued
               to
               the
               end
               of
               the
               same
               sentence
               is
               ,
               when
               the
               same
               sound
               is
               repeated
               without
               any
               thing
               coming
               between
               ,
               except
               a
               Parenthesis
               ;
               that
               is
               ,
               something
               put
               in
               ,
               without
               the
               which
               ,
               notwithstanding
               the
               sentence
               is
               full
               .
               And
               it
               is
               a
               joyning
               of
               the
               same
               sound
               ,
               as
               Rom.
               1.
               
               
                 As
                 Vnrighteousness
                 ,
                 Fornication
                 ,
                 Wickedness
                 .
              
               And
               in
               the
               prayer
               of
               Christ
               ,
               
                 My
                 God
                 ,
                 my
                 God.
                 From
                 Men
                 by
                 thine
                 hand
                 ,
                 O
                 Lord
                 ,
                 from
                 Men
                 ,
              
               &c.
               Psal.
               17.
               
            
             
               Continued
               in
               a
               diverse
               Sentence
               is
               ,
               either
               a
               Redoubling
               ,
               called
               Anadyplosis
               ;
               or
               a
               pleasant
               climing
               ,
               called
               Clymax
               .
            
             
               Redoubling
               is
               when
               the
               same
               sound
               is
               repeated
               in
               the
               end
               of
               the
               former
               Sentence
               ,
               and
               the
               beginning
               of
               the
               Sentence
               following
               .
               As
               ,
               Psal.
               9.
               8.
               
               
                 The
                 Lord
                 also
                 will
                 be
                 a
                 refuge
                 to
                 the
                 poor
                 ,
                 a
                 refuge
                 ,
                 I
                 say
                 ,
                 in
                 due
                 time
                 .
              
               Psal.
               81.
               14.
               
               
                 For
                 this
                 God
                 is
                 our
                 God.
              
               But
               more
               plain
               in
               
                 Psal.
                 8.
                 
                 As
                 we
                 have
                 heard
                 ,
                 so
                 have
                 we
                 seen
                 in
                 the
                 City
                 of
                 our
                 God.
                 God
                 will
                 establish
                 it
                 for
                 ever
                 .
              
            
             
             
               
                 A
                 pleasant
                 climing
                 is
                 a
                 redoubling
                 continued
                 by
                 divers
                 degrees
                 or
                 steps
                 of
                 the
                 same
                 sounds
                 :
                 As
                 Rom.
              
               8.
               17.
               
               If
               we
               be
               Children
               ,
               we
               be
               Heirs
               ,
               even
               Heirs
               of
               God
               ,
               annexed
               with
               Christ.
               Rom.
               8.
               30.
               
               Whom
               he
               predestinated
               ,
               them
               also
               he
               called
               ;
               and
               whom
               he
               called
               ,
               them
               also
               he
               justified
               ;
               and
               whom
               he
               justified
               ,
               them
               also
               he
               glorified
               .
               
                 Also
                 Rom.
              
               9.
               14.
               15.
               
            
             
               And
               hitherto
               of
               the
               same
               sound
               continued
               
                 to
                 the
                 end
              
               .
            
             
               Now
               followeth
               the
               same
               sound
               broken
               off
               .
            
          
           
             
               CHAP.
               V.
               
            
             
               THE
               same
               sound
               broken
               off
               is
               a
               repetition
               of
               the
               same
               in
               the
               Beginning
               ;
               or
               
                 In
                 the
                 end
              
               .
            
             
               In
               the
               Beginning
               it
               is
               called
               Anaphora
               ,
               a
               bringing
               of
               the
               same
               again
               ;
               As
               Rom.
               8.
               38.
               
            
             
               Nor
               death
               ,
               nor
               life
               ,
               nor
               Angels
               ,
               &c.
               nor
               any
               other
               creature
               shall
               be
               able
               to
               separate
               us
               &c.
               
                 So
                 likewise
                 Ephes.
              
               4.
               11.
               
               Some
               to
               be
               Apostles
               ,
               some
               Preachers
               ,
               &c.
               
                 So
                 Gal.
              
               Nor
               Jew
               ,
               nor
               Gentile
               ,
               &c.
               
                 So
                 likewise
                 Hebr.
              
               11.
               1.
               2.
               
            
             
               Repetition
               of
               the
               same
               sound
               
                 in
                 the
                 end
              
               is
               called
               Epistrophe
               ,
               a
               turning
               to
               the
               same
               sound
               in
               the
               end
               .
               So
               Ezech.
               
                 Behold
                 greater
                 Abominations
                 than
                 these
              
               .
               Lament
               .
               3.
               41.
               
               
                 Let
                 
                 us
                 lift
                 up
                 our
                 hearts
                 with
                 our
                 hands
                 unto
                 God
                 in
                 the
                 Heavens
                 ;
                 we
                 have
                 sinned
                 ,
                 and
                 have
                 rebelled
                 therefore
                 thou
                 hast
                 not
                 spared
                 .
              
            
             
               When
               both
               of
               these
               are
               joyned
               together
               ,
               it
               is
               called
               a
               coupling
               or
               Symplote
               .
               As
               ,
               2
               Cor.
               6.
               4.
               to
               the
               11.
               
               
                 But
                 in
                 all
                 things
                 we
                 approve
                 our selves
                 ,
                 as
                 the
                 Ministers
                 of
                 God
                 ,
                 in
                 much
                 patience
                 ,
                 in
                 afflictions
                 ,
                 &c.
              
               See
               also
               2
               Cor.
               22.
               23.
               
            
             
               Hitherto
               of
               the
               repetitions
               in
               the
               
                 same
                 place
              
               .
            
             
               Now
               of
               those
               that
               do
               interchange
               their
               place
               .
            
             
               They
               are
               either
               Epanalepsis
               ,
               which
               signifieth
               to
               take
               back
               ;
               or
               Epanados
               which
               signifieth
               a
               turning
               to
               the
               same
               tune
               .
            
             
               The
               first
               is
               when
               the
               same
               sound
               is
               repeated
               in
               the
               beginning
               and
               the
               ending
               ,
               as
               
                 My
                 Son
                 Absolom
                 ,
                 my
                 Son
                 ,
              
               2
               Sam.
               19.
               1.
               
            
             
               Epanados
               
                 is
                 when
                 the
                 same
                 sound
                 is
                 repeated
                 in
                 the
                 beginning
                 and
                 the
                 middle
                 ,
                 in
                 the
                 middle
                 and
                 the
                 end
                 ,
              
               Ezech.
               35.
               6.
               
               I
               will
               prepare
               thee
               unto
               Blood
               ,
               and
               Blood
               shall
               pursue
               thee
               :
               except
               thou
               hate
               Blood
               ,
               even
               Blood
               shall
               pursue
               thee
               .
               
                 And
                 2
                 Thes.
              
               2.
               
               So
               that
               he
               that
               doth
               sit
               as
               God
               ,
               in
               the
               Temple
               of
               God
               ,
               sheweth
               himself
               that
               he
               is
               God.
               
            
             
               Hitherto
               of
               the
               repetition
               of
               those
               sounds
               which
               are
               like
               .
            
             
               Now
               of
               those
               that
               are
               unlike
               .
            
          
           
             
             
               CHAP.
               VI.
               
            
             
               UNlike
               A
               small
               changing
               of
               the
               name
               ,
               as
               Paronomasia
               .
               A
               small
               changing
               of
               the
               end
               or
               case
               ,
               as
               Polypto●on
               .
            
             
               A
               small
               change
               of
               name
               is
               ,
               when
               a
               word
               by
               the
               change
               of
               one
               letter
               or
               Syllable
               ,
               the
               signification
               also
               is
               changed
               ,
               As
               ,
               
                 Patience
                 ,
                 Experience
              
               .
               Rom.
               5.
               4.
               19.
               
               
                 We
                 walk
                 after
                 the
                 flesh
                 ,
                 not
                 War
                 in
                 the
                 flesh
                 .
                 So
                 by
                 honour
                 and
                 dishonour
                 ,
                 as
                 unknown
                 and
                 yet
                 known
                 .
              
            
             
               A
               small
               changing
               of
               the
               end
               or
               case
               ,
               is
               when
               words
               of
               the
               same
               beginning
               rebound
               by
               divers
               ends
               :
               
                 Christ
                 being
                 raised
                 from
                 the
                 dead
                 ,
                 dyeth
                 no
                 more
                 ,
                 death
                 hath
                 no
                 more
                 Power
                 over
                 him
                 .
                 He
                 that
                 doth
                 righteousness
                 is
                 righteous
                 .
                 If
                 ye
                 know
                 that
                 he
                 is
                 Righteous
                 ,
                 know
                 ye
                 that
                 he
                 that
                 doth
                 righteously
                 ,
                 is
                 born
                 of
                 him
                 .
              
               And
               of
               both
               these
               there
               are
               many
               in
               the
               Scripture
               ,
               but
               the
               Translations
               cannot
               reach
               them
               .
            
             
               Hitherto
               of
               the
               Garnishing
               of
               the
               shape
               of
               speech
               in
               words
               .
            
             
               Now
               followeth
               the
               Garnishing
               of
               the
               shape
               of
               speech
               in
               a
               sentence
               .
            
          
           
             
             
               CHAP.
               VII
               .
            
             
               GArnishing
               of
               the
               frame
               of
               speech
               in
               a
               sentence
               ,
               is
               a
               Garnishing
               of
               the
               shape
               of
               speech
               ,
               or
               a
               figure
               ;
               which
               for
               the
               forcible
               moving
               of
               affections
               ,
               doth
               after
               a
               sort
               beautifie
               the
               sense
               and
               very
               meaning
               of
               a
               sentence
               .
               Because
               it
               hath
               in
               it
               a
               certain
               manly
               Majesty
               ,
               which
               far
               surpasseth
               the
               soft
               delicacy
               or
               dainties
               of
               the
               former
               figures
               .
            
             
               It
               is
               either
               the
               Garnishing
               of
               speech
               Alone
               ;
               or
               
                 with
                 others
              
               .
            
             
               The
               Garnishing
               of
               speech
               alone
               ,
               is
               when
               as
               the
               sentence
               is
               Garnished
               without
               speech
               had
               to
               other
               .
               And
               it
               is
               either
               in
               regard
               of
               the
               Matter
               ;
               or
               of
               the
               Person
               .
            
             
               In
               regard
               of
               the
               Matter
               ,
               it
               is
               either
            
             
               1.
               
               A
               crying
               out
               ,
               called
               Exclamation
               ;
               or
            
             
               2.
               
               A
               pulling
               or
               calling
               back
               of
               himself
               ,
               called
               Revocation
               .
            
             
               A
               crying
               out
               or
               Exclamation
               is
               the
               first
               ,
               which
               is
               set
               forth
               by
               a
               word
               of
               calling
               out
               :
               Sometimes
               of
               wonder
               ,
               As
               ,
               Rom.
               8.
               
               
                 O
                 the
                 depth
                 of
                 the
                 Judgments
                 of
                 God!
              
               Psal.
               8.
               
               
                 O
                 Lord
                 ,
                 how
                 excellent
                 is
                 thy
                 Name
                 !
              
            
             
               Sometimes
               of
               pity
               ;
               also
               these
               words
               ,
               
                 Behold
                 ,
                 Alas
                 ,
                 Oh
              
               ,
               be
               signs
               of
               this
               figure
               :
               As
               ,
               
                 O
                 Jerusalem
                 ,
                 Jerusalem
                 ,
                 which
                 stonest
                 the
                 Prophets
                 .
              
               Sometimes
               of
               desperation
               ;
               As
               ,
               
               
                 My
                 Sin
                 is
                 greater
                 than
                 can
                 be
                 forgiven
                 .
                 Behold
                 ,
                 thou
                 drivest
                 me
                 out
                 ,
                 &c.
                 
              
               Sometimes
               of
               wishing
               :
               As
               ,
               
                 O
                 Lord
                 of
                 Hosts
                 ,
                 how
                 amiable
                 are
                 thy
                 Tabernacles
                 ?
              
               Sometimes
               of
               disdaining
               :
               As
               ,
               Rom.
               7.
               in
               the
               end
               ,
               
                 O
                 miserable
                 wretch
                 that
                 I
                 am
                 ,
                 who
                 shall
                 deliver
                 me
                 from
                 this
                 Body
                 of
                 Sin
                 ?
              
               Sometimes
               of
               mocking
               :
               as
               they
               which
               said
               to
               our
               Saviour
               Christ
               ,
               
                 Ah
                 ,
                 thou
                 that
                 ,
                 &c.
                 
              
            
             
               
                 Sometimes
                 of
              
               cursing
               and
               detestation
               ,
               
                 as
                 in
              
               David
               ,
               Let
               their
               Table
               be
               made
               a
               Snare
               ,
               and
               bow
               down
               their
               Back
               always
               .
            
             
               Also
               when
               this
               Figure
               is
               used
               in
               the
               end
               of
               a
               Sentence
               ,
               it
               is
               called
               a
               shooting
               out
               of
               the
               Voice
               ,
               or
               Epiphonema
               ;
               as
               when
               the
               sins
               of
               Jezabel
               were
               spoken
               against
               ,
               this
               is
               added
               at
               the
               end
               ,
               
                 Seemed
                 it
                 a
                 little
                 to
                 her
                 to
                 do
                 thus
                 and
                 thus
                 .
              
            
             
               So
               after
               the
               high
               setting
               forth
               of
               the
               Name
               of
               God
               ,
               David
               shutteth
               up
               his
               praise
               with
               this
               :
               
                 Blessed
                 be
                 his
                 glorious
                 Name
                 ,
                 and
                 let
                 all
                 the
                 Earth
                 be
                 filled
                 with
                 his
                 Glory
                 .
              
               Sometimes
               here
               is
               used
               a
               certain
               liberty
               of
               speech
               ,
               wherein
               is
               a
               kind
               of
               secret
               crying
               out
               :
               As
               Peter
               ,
               Act.
               3.
               saith
               :
               
                 Ye
                 Men
                 of
                 Israel
                 ,
                 hear
                 these
                 words
                 .
              
               And
               Paul
               ,
               1
               Cor.
               11.
               
               
                 Would
                 to
                 God
                 you
                 could
                 suffer
                 a
                 little
                 my
                 foolishness
                 ,
                 and
                 indeed
                 ye
                 suffer
                 me
                 .
              
            
             
               Thus
               much
               of
               crying
               out
               .
            
             
               Now
               followeth
               the
               Figure
               of
               calling
               back
               ,
               or
               Revocation
               .
            
             
             
               Revocation
               is
               when
               any
               thing
               is
               called
               back
               ,
               and
               it
               is
               as
               it
               were
               a
               cooling
               and
               quenching
               of
               the
               heat
               of
               the
               exclamation
               that
               went
               before
               .
            
             
               And
               this
               is
               either
               a
               Correction
               of
               ones
               self
               ,
               called
               Epanorthrosis
               ;
               a
               holding
               of
               ones
               peace
               ,
               called
               Aposiopesis
               .
            
             
               Epanorthrosis
               is
               correction
               ,
               when
               something
               is
               called
               back
               that
               went
               before
               :
               as
               Paul
               correcteth
               his
               doubtfulness
               of
               
               Agrippa's
               belief
               ,
               when
               he
               saith
               ,
               
                 Believest
                 thou
                 King
                 Agrippa
                 ,
                 I
                 know
                 thou
                 believest
                 .
                 So
                 ,
              
               1
               Cor.
               15.
               
               
                 I
                 laboured
                 more
                 abundantly
                 than
                 they
                 all
                 ,
                 yet
                 not
                 I
                 ,
              
               &c.
               
            
             
               A
               
                 keeping
                 of
                 silence
              
               or
               Aposiopesis
               is
               ,
               when
               the
               course
               of
               the
               sentence
               bygon
               is
               so
               stayed
               ,
               as
               thereby
               some
               part
               of
               the
               sentence
               not
               being
               uttered
               ,
               may
               be
               understood
               .
               So
               our
               Saviour
               Christ
               saith
               ,
               
                 My
                 Soul
                 is
                 heavy
                 :
                 what
                 shall
                 I
                 say
                 ?
              
               John
               12.
               27.
               
            
             
               Thus
               much
               of
               a
               Figure
               Garnishing
               the
               speech
               alone
               in
               regard
               of
               the
               matter
               .
            
             
               Now
               followeth
               the
               Garnishing
               of
               the
               speech
               alone
               in
               regard
               of
               the
               person
               .
            
          
           
             
             
               CHAP.
               VIII
               .
            
             
               GArnishing
               of
               the
               speech
               alone
               in
               regard
               of
               the
               person
               is
               double
               .
            
             
               Either
               in
               turning
               to
               the
               person
               ,
               called
               Apostrophe
               ,
               or
               feigning
               of
               the
               person
               ,
               called
               ,
               Prosopopoeia
               .
            
             
               Apostrophe
               or
               turning
               to
               the
               person
               ,
               is
               when
               the
               speech
               is
               turned
               to
               another
               person
               ,
               than
               the
               speech
               appointed
               did
               intend
               or
               require
               .
               And
               this
               Apostrophe
               or
               turning
               is
               diversly
               seen
               ,
               according
               to
               the
               diversity
               of
               persons
               .
               Sometimes
               it
               turneth
               to
               a
               Mans
               person
               ;
               As
               David
               in
               the
               6
               Psalm
               ,
               where
               having
               gathered
               arguments
               of
               his
               safety
               ,
               turneth
               hastily
               to
               the
               wicked
               ,
               saying
               ,
               
                 Away
                 from
                 me
                 ,
                 all
                 ye
                 workers
                 of
                 iniquity
                 ,
                 for
                 the
                 Lord
                 hath
                 heard
                 the
                 Voice
                 of
                 my
                 petition
                 .
              
            
             
               Sometimes
               from
               a
               Man
               to
               God
               ,
               as
               
                 Ps.
                 3.
                 
                 David
              
               being
               dismayed
               with
               the
               number
               of
               his
               Enemies
               ,
               turneth
               himself
               to
               God
               ,
               saying
               :
               
                 But
                 thou
                 art
                 my
                 Buckler
              
               ,
               &c.
               
            
             
               Sometimes
               to
               unreasonable
               Creatures
               without
               sense
               .
               Esai
               .
               1.
               
               &
               Esai
               .
               20.
               1.
               
            
             
               Prosopopoeia
               or
               a
               feigning
               of
               the
               person
               ,
               is
               whereby
               we
               do
               feign
               another
               person
               speaking
               in
               our
               speech
               ;
               and
               it
               is
               double
               ;
               Imperfect
               ,
               and
               Perfect
               .
            
             
             
               Imperfect
               is
               when
               the
               speech
               of
               another
               person
               is
               set
               down
               lightly
               and
               indirectly
               ,
               As
               in
               the
               
                 Psal.
                 10.
                 
                 David
              
               ,
               bringeth
               in
               the
               wicked
               ,
               
                 Who
                 say
                 unto
                 my
                 Soul
                 ,
                 Fly
                 as
                 the
                 Bird
                 unto
                 yonder
                 hill
                 .
              
            
             
               A
               perfect
               Prosopopoeia
               is
               when
               the
               whole
               feigning
               of
               the
               person
               is
               set
               down
               in
               our
               speech
               ,
               with
               a
               fit
               entring
               into
               the
               same
               ,
               and
               a
               leaving
               it
               off
               .
               So
               
                 Wisd.
                 Pro.
              
               8.
               
               Where
               the
               entrance
               is
               in
               the
               first
               Verses
               ,
               her
               speech
               in
               the
               rest
               of
               the
               Chapter
               .
            
             
               Hitherto
               of
               the
               figures
               of
               sentences
               concerning
               one
               speaking
               alone
               .
            
             
               Now
               follow
               the
               other
               ,
               which
               concern
               the
               speeches
               of
               two
               .
            
          
           
             
               CHAP.
               IX
               .
            
             
               THey
               which
               concern
               the
               speeches
               of
               two
               ,
               are
               either
               in
               Asking
               ;
               or
               in
               Answering
               .
            
             
               That
               of
               Asking
               ,
               is
               either
               in
               Deliberation
               ;
               or
               ,
               in
               preventing
               an
               Objection
               .
            
             
               Deliberation
               is
               when
               we
               do
               ever
               now
               and
               then
               ask
               ,
               as
               it
               were
               ,
               reasons
               of
               our
               consultation
               ,
               whereby
               the
               mind
               of
               the
               hearers
               wavering
               in
               doubt
               ,
               doth
               set
               down
               some
               great
               thing
               .
            
             
               This
               deliberation
               is
               either
               in
               Doubting
               ;
               or
               in
               Communication
               .
            
             
             
               A
               Doubting
               is
               a
               deliberating
               with
               our selves
               ,
               as
               
                 Paul.
                 1.
                 
                 Phil.
              
               22.
               doubting
               whether
               it
               were
               better
               to
               dye
               than
               to
               live
               ,
               he
               Garnisheth
               his
               speech
               on
               this
               manner
               :
               
                 For
                 I
                 am
                 greatly
                 in
                 doubt
                 on
                 both
                 sides
                 ,
                 desiring
                 to
                 be
                 loosed
                 ,
                 and
                 to
                 be
                 with
                 Christ
                 ,
                 which
                 is
                 best
                 of
                 all
                 :
                 nevertheless
                 ,
                 to
                 abide
                 in
                 the
                 Flesh
                 is
                 more
                 needful
                 for
                 you
                 .
              
            
             
               Communication
               is
               a
               deliberation
               with
               others
               .
               
                 Gal.
                 3.
                 1
                 ,
                 2.
                 
                 O
                 foolish
                 Galatians
                 ,
                 who
                 hath
                 bewitched
                 you
                 ,
              
               &c.
               
            
             
               And
               hitherto
               of
               the
               Figure
               of
               speech
               between
               two
               ,
               called
               Deliberation
               .
            
             
               Now
               followeth
               the
               Figure
               of
               speech
               between
               two
               ,
               called
               the
               preventing
               of
               an
               Objection
               ,
               or
               occupation
               .
            
             
               Occupation
               is
               when
               we
               do
               bring
               an
               objection
               ,
               and
               yield
               an
               answer
               unto
               it
               :
               Therefore
               this
               speech
               between
               two
               in
               the
               first
               part
               ,
               is
               called
               the
               Setting
               down
               of
               the
               Objection
               or
               Occupation
               .
               In
               the
               latter
               part
               ,
               an
               Answering
               of
               the
               Objection
               ,
               or
               the
               Subjection
               :
               as
               Rom.
               6.
               
               
                 What
                 shall
                 we
                 say
                 then
                 ?
                 Shall
                 we
                 continue
                 still
                 in
                 sin
                 that
                 grace
                 may
                 abound
                 ?
              
               In
               which
               words
               is
               set
               down
               the
               Objection
               :
               the
               Answering
               in
               these
               words
               ,
               
                 God
                 forbid
              
               .
               And
               here
               this
               must
               be
               marked
               ,
               that
               the
               Objection
               is
               many
               times
               wanting
               ,
               which
               must
               be
               wisely
               supplyed
               by
               considering
               the
               occasion
               and
               answer
               of
               it
               :
               As
               ,
               1
               
                 Tim.
                 5.
                 
                 They
                 will
                 Marry
                 ,
                 having
                 condemnation
                 .
              
               Now
               
               lest
               any
               might
               say
               ,
               what
               ,
               for
               Marrying
               ?
               He
               answereth
               :
               No
               ,
               
                 For
                 denying
                 their
                 first
                 Faith.
              
               
            
             
               Hitherto
               of
               the
               Figures
               of
               Asking
               .
            
             
               Now
               followeth
               the
               Figures
               of
               Answering
               .
            
             
               They
               are
               either
               in
               Suffering
               of
               a
               deed
               ,
               called
               Permission
               ;
               or
               ,
               Granting
               of
               an
               argument
               ,
               called
               Concession
               .
            
             
               Suffering
               of
               a
               deed
               or
               permission
               is
               ,
               when
               mockingly
               we
               give
               liberty
               to
               any
               deed
               ;
               being
               never
               so
               filthy
               ,
               as
               Rev.
               
                 Let
                 him
                 that
                 is
                 filthy
                 be
                 filthy
                 still
                 .
              
               And
               1
               Cor.
               14.
               
               
                 If
                 any
                 be
                 ignorant
                 ,
                 let
                 him
                 be
                 ignorant
                 .
              
            
             
               Concession
               or
               granting
               of
               an
               argument
               is
               ,
               when
               an
               argument
               is
               mockingly
               yielded
               unto
               ,
               as
               ,
               Eccle.
               11.
               
               
                 Rejoyce
                 ,
                 O
                 young
                 Man
                 in
                 thy
                 youth
                 ,
                 and
                 let
                 thy
                 heart
                 chear
                 thee
                 ,
              
               &c.
               
            
          
        
      
       
         
         
           Although
           the
           Rules
           of
           Sophistry
           be
           needless
           for
           them
           that
           be
           perfect
           in
           Logick
           ;
           yet
           because
           the
           knowledge
           of
           them
           bringeth
           some
           profit
           to
           young
           beginners
           ,
           both
           for
           the
           ready
           answering
           of
           the
           subtil
           arguments
           ,
           and
           the
           better
           practising
           of
           Logick
           and
           Rhetorick
           ,
           we
           have
           thought
           good
           to
           turn
           it
           into
           the
           English
           Tongue
           .
        
         
           SOphistry
           is
           the
           feigned
           art
           of
           Enleches
           ,
           or
           coloured
           reasons
           .
        
         
           A
           colourable
           reason
           ,
           or
           Elench
           ,
           is
           a
           shew
           of
           reason
           to
           deceive
           withal
           .
        
         
           It
           is
           either
           when
           the
           deceit
           lyeth
           in
           the
           Words
           ;
           or
           in
           the
           default
           of
           Logick
           ,
           called
           a
           Sophism
           .
        
         
           In
           words
           is
           ,
           either
           when
           the
           deceit
           lyeth
           in
           
             one
             word
          
           ;
           or
           in
           
             Words
             joyned
          
           together
           .
           If
           it
           were
           ,
           it
           should
           be
           ,
           Whosoever
           .
        
         
           In
           
             one
             word
          
           ,
           is
           either
           the
           darkness
           of
           a
           word
           ;
           or
           ,
           the
           doubtfulness
           of
           a
           word
           .
        
         
           The
           darkness
           of
           a
           word
           ,
           or
           an
           insolencie
           deceiveth
           ,
           when
           by
           a
           reason
           the
           meaning
           is
           
           not
           understood
           ,
           whether
           the
           strangeness
           be
           through
           the
           oldness
           ,
           newness
           ,
           or
           swelling
           vanity
           of
           the
           words
           ;
           and
           of
           the
           last
           sort
           ,
           is
           that
           spoken
           of
           in
           2
           Pet.
           2.
           18.
           
        
         
           By
           this
           fallacie
           the
           Papists
           conclude
           ,
           the
           Fathers
           to
           be
           on
           their
           side
           ,
           for
           deserving
           by
           good
           works
           .
        
         
           Whosoever
           saith
           Mans
           merits
           are
           Crowned
           ,
           they
           say
           Mans
           works
           do
           deserve
           .
        
         
           But
           the
           Fathers
           say
           ,
           Mans
           merits
           are
           Crowned
           .
        
         
           Therefore
           the
           Fathers
           say
           ,
           Mans
           works
           do
           deserve
           .
        
         
           Where
           Merits
           is
           an
           old
           word
           ,
           put
           for
           any
           works
           done
           under
           the
           hope
           of
           reward
           whether
           it
           come
           by
           desart
           ,
           or
           freedom
           of
           promise
           .
        
         
           Doubtfulness
           of
           a
           word
           ,
           Likeness
           of
           name
           ,
           is
           either
           called
           Homonymia
           ;
           or
           by
           a
           Trope
           or
           fineness
           of
           speech
           .
        
         
           The
           Likeness
           of
           name
           ,
           or
           Homonymia
           ,
           is
           when
           one
           word
           is
           given
           to
           signifie
           divers
           things
           :
           As
           ,
        
         
           He
           that
           believeth
           shall
           be
           saved
           .
        
         
           The
           Hypocrites
           to
           whom
           our
           Saviour
           Christ
           would
           not
           commit
           himself
           ,
           believed
           ,
        
         
           Therefore
           they
           shall
           be
           saved
           .
        
         
           Where
           Faith
           doth
           note
           out
           both
           a
           justifying
           Faith
           ,
           and
           a
           dead
           Faith.
           
        
         
           Doubtfulness
           by
           a
           Trope
           ,
           is
           when
           a
           word
           is
           taken
           properly
           ,
           which
           is
           meant
           figuratively
           ,
           or
           contrarily
           :
           As
           ,
        
         
         
           That
           which
           Christ
           saith
           is
           true
           .
        
         
           Christ
           saith
           that
           Bread
           is
           his
           Body
           .
        
         
           Therefore
           it
           is
           true
           .
        
         
           Where
           by
           body
           is
           meant
           the
           Sign
           or
           Sacrament
           of
           his
           body
           .
        
         
           Unto
           the
           first
           ,
           a
           perfect
           Logician
           would
           answer
           ,
           that
           the
           Proposition
           is
           not
           an
           Axiome
           necessarily
           true
           ,
           according
           to
           the
           Rule
           of
           truth
           ,
           because
           of
           the
           doubtfulness
           of
           the
           old
           and
           new
           signification
           of
           merit
           .
           And
           if
           the
           word
           be
           far
           worn
           out
           of
           use
           ,
           that
           it
           be
           not
           understood
           ,
           then
           the
           answer
           must
           be
           ,
           I
           understand
           it
           not
           ,
           or
           put
           your
           Axiome
           in
           plain
           words
           .
        
         
           To
           the
           second
           ,
           he
           would
           answer
           ,
           that
           the
           Proposition
           or
           first
           part
           ,
           is
           not
           according
           to
           the
           Rule
           of
           Righteousness
           ,
           because
           the
           proper
           Subject
           and
           Adjunct
           are
           not
           joyned
           together
           :
           which
           
             hath
             justifying
             faith
             ,
             or
             believing
             sincerely
             ,
             shall
             be
             saved
          
           ;
           and
           then
           the
           assumption
           being
           in
           the
           same
           sense
           inferred
           ,
           is
           false
           .
        
         
           Unto
           the
           third
           he
           would
           answer
           ,
           that
           the
           Assumption
           is
           not
           necessarily
           true
           ,
           because
           if
           the
           word
           Body
           be
           taken
           properly
           ,
           it
           is
           not
           then
           true
           that
           is
           set
           down
           :
           but
           if
           it
           be
           taken
           figuratively
           ,
           it
           is
           true
           ,
           and
           therefore
           would
           bid
           him
           make
           the
           Assumption
           necessarily
           true
           ,
           and
           then
           say
           ,
           Christ
           saith
           in
           proper
           words
           ,
           
             It
             is
             my
             Body
          
           ;
           and
           then
           it
           is
           false
           .
        
         
         
           Hitherto
           of
           the
           fallacies
           in
           single
           words
           .
        
         
           Now
           of
           those
           that
           are
           joyned
           together
           .
        
         
           It
           is
           either
           Amphibolia
           ,
           or
           the
           doubtfulness
           of
           speech
           :
           or
           ,
           Exposition
           ,
           or
           unapt
           setting
           down
           of
           the
           reason
           .
        
         
           The
           first
           is
           ,
           when
           there
           is
           doubtfulness
           in
           the
           frame
           of
           speech
           ;
           as
           thus
           ,
           
             If
             any
             obey
             not
             our
             word
             by
             a
             Letter
             ,
             note
             him
             :
          
           where
           some
           refer
           
             by
             a
             Letter
          
           ,
           to
           the
           first
           part
           of
           the
           Sentence
           ,
           and
           some
           to
           the
           latter
           ,
           where
           the
           signification
           of
           the
           word
           ,
           and
           right
           pointing
           doth
           shew
           ,
           that
           it
           must
           be
           referred
           to
           the
           first
           .
        
         
           The
           answer
           is
           ,
           that
           the
           right
           and
           wise
           placing
           of
           the
           Sentence
           is
           perverted
           .
        
         
           Unapt
           setting
           down
           of
           the
           Reason
           ,
           is
           ,
           when
           the
           parts
           of
           the
           Question
           and
           the
           reasons
           intreated
           ,
           is
           not
           set
           down
           in
           fit
           words
           :
           as
           ,
        
         
           All
           sin
           is
           evil
           .
        
         
           Every
           Child
           of
           God
           doth
           sin
           .
        
         
           Therefore
           every
           Child
           of
           God
           is
           evil
           .
        
         
           Here
           the
           answer
           according
           to
           Logick
           ,
           is
           that
           the
           assumption
           doth
           not
           take
           the
           argument
           out
           of
           the
           proposition
           ,
           but
           putteth
           in
           another
           thing
           ,
           and
           so
           it
           is
           no
           right
           Frame
           of
           concluding
           ,
           as
           appeareth
           by
           the
           definition
           of
           the
           assumption
           .
        
         
           Hitherto
           of
           the
           deceits
           of
           reason
           which
           lye
           in
           words
           .
        
         
           Now
           of
           the
           default
           of
           Logick
           ,
           called
           Sophisme
           .
        
         
         
           It
           is
           either
           General
           ,
           or
           Special
           .
        
         
           The
           General
           are
           those
           which
           cannot
           be
           referred
           to
           any
           part
           of
           Logick
           .
        
         
           They
           are
           either
           begging
           of
           the
           question
           ,
           called
           the
           Petition
           of
           the
           principle
           ,
           or
           bragging
           of
           no
           proof
           .
        
         
           Begging
           of
           the
           Question
           is
           when
           nothing
           is
           brought
           to
           prove
           but
           the
           Question
           ,
           or
           that
           which
           is
           doubtful
           :
           As
           ,
        
         
           That
           Righteousness
           which
           is
           both
           by
           Faith
           and
           works
           ,
           doth
           justifie
           .
        
         
           But
           this
           Righteousness
           ,
           is
           inherent
           Righteousness
           :
           Ergo.
           
        
         
           Here
           the
           Proposition
           in
           effect
           is
           nothing
           but
           a
           Question
           .
        
         
           If
           together
           with
           the
           Blood
           of
           Christ
           we
           must
           make
           perfect
           satisfaction
           for
           our
           sins
           ,
           before
           we
           come
           to
           Heaven
           .
        
         
           Then
           there
           must
           be
           Purgatory
           for
           them
           that
           die
           without
           perfection
           .
        
         
           
             But
             the
             first
             is
             so
             :
             Ergo.
          
           Where
           the
           argument
           they
           bring
           is
           as
           doubtful
           ,
           and
           needeth
           as
           much
           proof
           as
           the
           Question
           .
        
         
           The
           answer
           is
           this
           out
           of
           the
           definition
           of
           the
           Syllogisme
           ,
           that
           there
           is
           no
           new
           argument
           invented
           ,
           therefore
           it
           cannot
           be
           a
           certain
           frame
           of
           concluding
           .
        
         
           Bragging
           of
           no
           proof
           ,
           is
           when
           that
           which
           is
           brought
           is
           too
           much
           ,
           called
           Redounding
           .
        
         
           It
           is
           either
           impertinent
           to
           another
           matter
           called
           Heterogenium
           ;
           or
           a
           vain
           repetition
           ,
           called
           Tautologia
           .
        
         
         
           Impertinent
           ,
           or
           not
           to
           the
           purpose
           ,
           is
           when
           any
           thing
           is
           brought
           for
           a
           proof
           ,
           which
           is
           nothing
           near
           to
           the
           matter
           in
           hand
           ,
           whereunto
           the
           common
           Proverb
           giveth
           answer
           ;
           
             I
             ask
             you
             of
             Cheese
             ,
             you
             answer
             me
             of
             Chalk
             .
          
        
         
           A
           vain
           repetition
           is
           ,
           when
           the
           same
           thing
           in
           effect
           ,
           though
           not
           in
           words
           ,
           is
           repeated
           ;
           as
           they
           that
           after
           long
           time
           of
           Prayer
           say
           ,
           
             Let
             us
             pray
          
           .
           And
           this
           fallacie
           our
           Saviour
           Christ
           condemneth
           in
           prayer
           ,
           Mat.
           5.
           and
           this
           is
           a
           fault
           in
           Method
           .
        
         
           Special
           are
           those
           which
           may
           be
           referred
           to
           certain
           parts
           of
           Logick
           ,
           and
           they
           are
           of
           two
           sorts
           .
        
         
           Such
           as
           are
           referred
           to
           the
           spring
           of
           reasons
           ,
           called
           Invention
           ,
           or
           to
           Judgment
           .
        
         
           Those
           referred
           to
           Invention
           are
           ,
           when
           any
           thing
           is
           put
           for
           a
           reason
           ,
           which
           is
           not
           ,
           as
           no
           cause
           for
           a
           cause
           ,
           no
           effect
           for
           an
           effect
           ,
           and
           so
           of
           the
           rest
           .
        
         
           In
           the
           Distribution
           this
           is
           a
           proper
           Fallacie
           ,
           when
           any
           thing
           simply
           or
           generally
           granted
           ,
           thereby
           is
           inferred
           a
           certain
           respect
           or
           special
           not
           meant
           nor
           intended
           :
           as
           ,
        
         
           He
           that
           saith
           ,
           there
           are
           not
           seven
           Sacraments
           ,
           saith
           true
           .
        
         
           He
           that
           saith
           ,
           there
           are
           only
           three
           ,
           saith
           ,
           there
           are
           not
           seven
           .
        
         
           Therefore
           he
           that
           saith
           ,
           there
           are
           three
           ,
           saith
           true
           .
        
         
         
           The
           right
           answer
           is
           ,
           that
           the
           Proposition
           is
           not
           necessarily
           true
           ,
           for
           there
           may
           be
           a
           way
           to
           say
           ,
           there
           are
           not
           seven
           ,
           and
           yet
           affirm
           an
           untruth
           .
        
         
           Fallacies
           of
           judgment
           are
           those
           that
           are
           referred
           to
           the
           judgment
           of
           one
           sentence
           ,
           or
           of
           more
           .
        
         
           Of
           one
           Sentence
           ,
           either
           to
           the
           Proprieties
           of
           an
           Axiome
           ;
           or
           to
           the
           sorts
           .
        
         
           To
           the
           Proprieties
           ,
           as
           when
           a
           true
           is
           put
           for
           a
           false
           ,
           and
           contrarily
           :
           and
           Affirmative
           for
           a
           Negative
           ,
           and
           contrarily
           .
           So
           some
           take
           the
           words
           of
           Saint
           
             John
             ,
             I
             do
             not
             say
             concerning
             it
             ,
             that
             you
             shall
             not
             pray
             ,
          
           for
           no
           denyal
           ;
           when
           as
           it
           doth
           deny
           to
           pray
           for
           that
           sin
           .
        
         
           To
           the
           sorts
           are
           referred
           ,
           either
           to
           the
           Simple
           ,
           or
           Compound
           .
        
         
           The
           first
           when
           the
           General
           is
           taken
           for
           the
           Special
           ,
           and
           contrarily
           .
           So
           the
           Papists
           by
           this
           fallacy
           do
           answer
           to
           that
           general
           saying
           of
           
             Paul
             ;
             We
             are
             justified
             by
             Faith
             without
             the
             works
             of
             the
             Law.
          
           Which
           they
           understand
           of
           works
           done
           before
           Faith
           ,
           when
           that
           was
           never
           called
           in
           doubt
           .
        
         
           The
           fallacies
           which
           are
           referred
           to
           a
           compound
           Axiome
           ,
           are
           those
           which
           are
           referred
           either
           to
           a
           disjoyned
           ,
           or
           knitting
           Axiome
           .
        
         
           To
           a
           disjoyned
           Axiome
           when
           the
           parts
           indeed
           are
           not
           disjoyned
           :
           As
           ,
           
             Solomon
             was
             either
             a
             King
             ,
             or
             did
             bear
             Rule
             .
          
        
         
           To
           a
           Knitting
           Axiome
           is
           ,
           when
           the
           parts
           
           are
           not
           necessarily
           knit
           together
           ,
           〈◊〉
        
         
           If
           Rome
           be
           one
           Fire
           ,
           the
           Popes
           Chair
           is
           burn●
        
         
           And
           hitherto
           of
           the
           first
           sort
           of
           Fallacie
           referred
           to
           judgment
           .
        
         
           Now
           followeth
           the
           second
           .
        
         
           And
           they
           be
           either
           those
           that
           are
           refer●red
           to
           a
           Syllogisme
           ;
           or
           to
           Method
           .
        
         
           And
           they
           again
           are
           General
           ,
           and
           Special
        
         
           General
           which
           are
           referred
           to
           the
           general
           properties
           of
           a
           Syllogisme
           .
        
         
           It
           is
           either
           when
           all
           the
           parts
           are
           Denyed
           or
           are
           Particular
           .
        
         
           
             All
             parts
             denyed
             :
             As
          
           ,
           No
           Pope
           is
           a
           Devil
           .
           No
           man
           is
           a
           Devil
           .
           Therefore
           .
           No
           man
           is
           a
           Pope
           .
        
         
           And
           this
           must
           be
           answered
           ,
           that
           it
           is
           no●
           according
           to
           the
           definition
           of
           a
           Negativ●
           syllogisme
           ,
           which
           must
           have
           always
           one
           Affirmative
           .
        
         
           All
           particular
           :
           As
           ,
        
         
           Some
           unlawful
           thing
           must
           be
           suffered
           ,
           〈◊〉
           namely
           that
           which
           cannot
           be
           taken
           away
           .
        
         
           The
           Stews
           in
           some
           unlawful
           thing
           .
        
         
           Therefore
           the
           Stews
           must
           be
           suffered
           .
        
         
           This
           is
           answered
           by
           the
           definition
           of
           ●
           special
           syllogism
           ,
           which
           is
           that
           hath
           one
           part
           general
           .
        
         
           The
           special
           are
           those
           which
           are
           
             Simple
             ,
             or
             Compound
          
           .
        
         
           The
           Simple
           is
           of
           two
           sorts
           .
        
         
           The
           first
           is
           
             more
             Plain
          
           .
        
         
         
           The
           second
           
             less
             Plain
          
           .
        
         
           More
           plain
           is
           when
           the
           assumption
           is
           denyed
           ,
           or
           the
           question
           is
           not
           particular
           :
           As
           ,
        
         
           Every
           Apostle
           may
           Preach
           abroad
           :
        
         
           Some
           Apostle
           is
           not
           a
           Pope
           ,
        
         
           Therefore
        
         
           Some
           Pope
           may
           not
           Preach
           abroad
           .
           Also
           ,
        
         
           Every
           Pope
           is
           a
           Lord
           :
        
         
           Some
           Pope
           may
           give
           an
           universal
           licence
           .
        
         
           Therefore
           every
           Lord
           may
           give
           an
           universal
           licence
           .
        
         
           
             Less
             plain
          
           hath
           one
           fallacy
           in
           common
           ,
           when
           the
           proposition
           is
           special
           .
           As
           ,
        
         
           Some
           Player
           is
           a
           Rogue
           :
        
         
           Every
           Vagabond
           is
           Rogue
           ,
        
         
           Therefore
           every
           Player
           is
           a
           Vagabond
           .
           Also
           ,
        
         
           Some
           Player
           is
           a
           Rogue
           :
        
         
           Every
           Vagabond
           is
           a
           Player
           .
        
         
           Therefore
           every
           Player
           is
           a
           Rogue
           .
        
         
           The
           fallacie
           of
           the
           first
           kind
           is
           when
           all
           the
           parts
           be
           affirmative
           :
           As
           ,
        
         
           All
           Pauls
           Bishops
           were
           ordained
           for
           unity
           .
        
         
           All
           Arch-Bishops
           be
           ordained
           for
           unity
           .
        
         
           Therefore
           all
           Arch-Bishops
           are
           Pauls
           Bishops
           .
        
         
           The
           fallacie
           of
           the
           second
           kind
           is
           when
           the
           assumption
           is
           denyed
           :
           As
           ,
        
         
           Every
           Puritane
           is
           a
           Christian.
           
        
         
           No
           Lord
           Bishop
           is
           a
           Puritane
           ,
        
         
           Therefore
           no
           Lord
           Bishop
           is
           a
           Christian.
           
        
         
           Hitherto
           of
           the
           fallacies
           referred
           to
           a
           simple
           Syllogism
           .
        
         
         
           Now
           follow
           those
           which
           are
           referred
           to
           a
           compound
           ,
           which
           are
           those
           which
           are
           referred
           either
           to
           the
           Connexive
           ,
           or
           to
           the
           disjoyned
           .
        
         
           Of
           the
           first
           sort
           one
           is
           when
           the
           first
           part
           or
           antecedent
           is
           denyed
           ,
           that
           the
           second
           or
           consequent
           may
           be
           so
           likewise
           :
           As
           ,
        
         
           If
           any
           Man
           have
           two
           Benefices
           ,
           he
           may
           escape
           unpunished
           at
           the
           Bishops
           hands
           .
        
         
           But
           he
           may
           not
           have
           two
           Benefices
           ,
        
         
           Therefore
        
         
           He
           may
           not
           escape
           unpunished
           at
           the
           Bishops
           hands
           .
        
         
           The
           second
           part
           is
           affirmed
           ,
           that
           the
           first
           may
           be
           so
           also
           .
           As
           ,
        
         
           If
           every
           ignorant
           Minister
           were
           put
           out
           of
           the
           Church
           ,
           and
           a
           Preacher
           in
           his
           place
           ,
           we
           should
           have
           good
           order
           .
        
         
           But
           we
           have
           good
           order
           ,
           Therefore
        
         
           Every
           ignorant
           Minister
           is
           put
           out
           of
           the
           Church
           ;
           and
           a
           Preacher
           in
           his
           place
           .
        
         
           Of
           those
           referred
           to
           the
           disjoyned
           ,
           the
           first
           is
           ,
           when
           all
           the
           parts
           of
           the
           Disjunction
           or
           Proposition
           are
           not
           affirmed
           :
           As
           ,
        
         
           Every
           ignorant
           Minister
           is
           to
           be
           allowed
           ,
           or
           not
           .
        
         
           But
           he
           is
           not
           .
        
         
           Therefore
           he
           is
           .
        
         
           The
           second
           kind
           is
           when
           the
           second
           part
           of
           the
           copulative
           negative
           Axiome
           is
           denyed
           ,
           that
           the
           first
           may
           be
           so
           ;
           As
           ,
        
         
           A
           Non-Resident
           ,
           is
           either
           a
           faithful
           ,
           or
           unfaithful
           Minister
           .
        
         
           But
           he
           is
           unfaithful
           ,
           Ergo
           ,
           &c.
           
        
         
           And
           thus
           much
           of
           the
           fallacies
           in
           a
           Syllogism
           .
        
         
           The
           fallacie
           in
           Method
           is
           when
           ,
           to
           deceive
           withal
           ,
           the
           end
           is
           set
           in
           the
           beginning
           ,
           the
           special
           before
           the
           general
           ,
           good
           order
           be
           gone
           ,
           confounded
           :
           And
           finally
           when
           darkness
           ,
           length
           and
           hardness
           is
           laboured
           after
           .
        
         
           PINIS
           .
        
      
       
         
         
           A
           DIALOGUE
           Between
           A
           PHYLOSOPHER
           AND
           A
           STVDENT
           ,
           OF
           The
           Common-Laws
           of
           England
           .
        
         
           
             Of
             the
             Law
             of
             Reason
             .
          
           
             
               Law.
               
            
             
               WHat
               makes
               you
               say
               ,
               that
               the
               Study
               of
               the
               Law
               is
               less
               Rational
               ,
               than
               the
               study
               of
               the
               Mathematicks
               ?
            
          
           
             
               Phylosoph
               .
            
             
               I
               say
               not
               that
               ,
               for
               all
               study
               is
               Rational
               ,
               or
               nothing
               worth
               ;
               but
               I
               say
               that
               the
               great
               Masters
               of
               the
               Mathematicks
               do
               not
               so
               often
               err
               as
               the
               great
               Professors
               of
               the
               Law.
               
            
          
           
             
             
               Law.
               
            
             
               If
               you
               had
               applyed
               your
               reason
               to
               the
               Law
               ,
               perhaps
               you
               would
               have
               been
               of
               another
               mind
               .
            
          
           
             
               Ph.
               
            
             
               In
               whatsoever
               Study
               ,
               I
               examine
               whether
               my
               Inference
               be
               rational
               ,
               and
               have
               look't
               over
               the
               Titles
               of
               the
               Statutes
               from
               
                 Magna
                 Charta
              
               downward
               to
               this
               present
               time
               .
               I
               left
               not
               one
               unread
               ,
               which
               I
               thought
               might
               concern
               my self
               ,
               which
               was
               enough
               for
               me
               that
               meant
               not
               to
               plead
               for
               any
               but
               my self
               .
               But
               I
               did
               not
               much
               examine
               which
               of
               them
               was
               more
               ,
               or
               less
               rational
               ;
               because
               I
               read
               them
               not
               to
               dispute
               ,
               but
               to
               obey
               them
               ,
               and
               saw
               in
               all
               of
               them
               sufficient
               reason
               for
               my
               obedience
               ,
               and
               that
               the
               same
               reason
               ,
               though
               the
               Statutes
               themselves
               were
               chang'd
               ,
               remained
               constant
               .
               I
               have
               also
               diligently
               read
               over
               
               Littleton's
               Book
               of
               Tenures
               ,
               with
               the
               Commentaries
               thereupon
               of
               the
               Renowned
               Lawyer
               Sir
               
                 Ed.
                 Coke
              
               ,
               in
               which
               I
               confess
               I
               found
               great
               subtility
               ,
               not
               of
               the
               Law
               ,
               but
               of
               Inference
               from
               Law
               ,
               and
               especially
               from
               the
               Law
               of
               Humane
               Nature
               ,
               which
               is
               the
               Law
               of
               reason
               :
               and
               I
               confess
               that
               it
               is
               truth
               which
               he
               sayes
               in
               the
               Epilogue
               to
               his
               Book
               ;
               that
               by
               Arguments
               and
               Reason
               in
               the
               Law
               ,
               a
               Man
               shall
               sooner
               come
               to
               the
               certainty
               and
               knowledge
               of
               the
               Law
               :
               and
               I
               agree
               with
               Sir
               
                 Edw.
                 Coke
              
               ,
               who
               upon
               that
               Text
               farther
               ;
               That
               Reason
               is
               the
               Soul
               of
               the
               Law
               ,
               and
               
               upon
               sect
               .
               138.
               
               
                 Nihil
                 quod
                 est
                 Rationi
                 contrarium
                 est
                 licitum
              
               ;
               that
               is
               to
               say
               ,
               nothing
               is
               Law
               that
               is
               against
               Reason
               :
               and
               that
               Reason
               is
               the
               life
               of
               the
               Law
               ,
               nay
               the
               Common
               Law
               it self
               is
               nothing
               else
               but
               Reason
               .
               And
               upon
               Sect.
               21.
               
               
                 Aequitas
                 est
                 perfecta
                 quaedam
                 Ratio
                 ,
                 quae
                 Jus
                 scriptum
                 interpretatur
                 &
                 emendat
                 ,
                 nulla
                 scriptura
                 comprehensa
                 ,
                 sed
                 solus
                 in
                 vera
                 Ratione
                 consistens
                 .
                 i.
                 e.
              
               Equity
               is
               a
               certain
               perfect
               Reason
               that
               interpreteth
               and
               amendeth
               the
               Law
               written
               ,
               it self
               being
               unwritten
               ,
               and
               consisting
               in
               nothing
               else
               but
               right
               Reason
               .
               When
               I
               consider
               this
               ,
               and
               find
               it
               to
               be
               true
               ,
               and
               so
               evident
               as
               not
               to
               be
               denyed
               by
               any
               Man
               of
               right
               sense
               ,
               I
               find
               my
               own
               reason
               at
               a
               stand
               ;
               for
               it
               frustrates
               all
               the
               Laws
               in
               the
               World
               :
               for
               upon
               this
               ground
               any
               Man
               ,
               of
               any
               Law
               whatsoever
               may
               say
               it
               is
               against
               Reason
               ,
               and
               thereupon
               make
               a
               pretence
               for
               his
               disobedience
               .
               I
               pray
               you
               clear
               this
               passage
               ,
               that
               we
               may
               proceed
               .
            
          
           
             
               La.
               
            
             
               I
               clear
               it
               thus
               out
               of
               Sir
               
                 Edw.
                 Coke
              
               .
               I
               
                 Inst.
                 Sect.
              
               138.
               that
               this
               is
               to
               be
               understood
               of
               an
               artificial
               perfection
               of
               Reason
               gotten
               by
               long
               Study
               ,
               Observation
               and
               Experience
               ,
               and
               not
               of
               every
               Mans
               natural
               Reason
               ;
               for
               
                 Nemo
                 nascitur
                 Artifex
              
               .
               This
               Legal
               Reason
               is
               
                 summa
                 Ratio
              
               ;
               and
               therefore
               if
               all
               the
               Reason
               that
               is
               dispersed
               into
               so
               many
               several
               heads
               were
               united
               into
               one
               ,
               yet
               could
               he
               
               not
               make
               such
               a
               Law
               as
               the
               Law
               of
               England
               is
               ,
               because
               by
               so
               many
               successions
               of
               Ages
               it
               hath
               been
               fined
               and
               refined
               by
               an
               infinite
               number
               of
               Grave
               and
               Learned
               Men.
               
            
          
           
             
               Ph.
               
            
             
               This
               does
               not
               clear
               the
               place
               ,
               as
               being
               partly
               obscure
               ,
               and
               partly
               untrue
               ,
               that
               the
               Reason
               which
               is
               the
               Life
               of
               the
               Law
               ,
               should
               be
               not
               Natural
               ,
               but
               Artificial
               I
               cannot
               conceive
               .
               I
               understand
               well
               enough
               ,
               that
               the
               knowledge
               of
               the
               Law
               is
               gotten
               by
               much
               study
               ,
               as
               all
               other
               Sciences
               are
               ,
               which
               when
               they
               are
               studyed
               and
               obtained
               ,
               it
               is
               still
               done
               by
               Natural
               ,
               and
               not
               by
               Artificial
               Reason
               .
               I
               grant
               you
               that
               the
               knowledge
               of
               the
               Law
               is
               an
               Art
               ,
               but
               not
               that
               any
               Art
               of
               one
               Man
               ,
               or
               of
               many
               how
               wise
               soever
               they
               be
               ,
               or
               the
               work
               of
               one
               and
               more
               Artificers
               ,
               how
               perfect
               soever
               it
               be
               ,
               is
               Law.
               It
               is
               not
               Wisdom
               ,
               but
               Authority
               that
               makes
               a
               Law.
               Obscure
               also
               are
               the
               words
               Legal
               Reason
               ;
               there
               is
               no
               Reason
               in
               Earthly
               Creatures
               ,
               but
               Humane
               Reason
               ;
               but
               I
               suppose
               that
               he
               means
               ,
               that
               the
               Reason
               of
               a
               Judge
               ,
               or
               of
               all
               the
               Judges
               together
               (
               without
               the
               King
               )
               is
               that
               
                 Summa
                 Ratio
              
               ,
               and
               the
               very
               Law
               ,
               which
               I
               deny
               ,
               because
               none
               can
               make
               a
               Law
               but
               he
               that
               hath
               the
               Legislative
               Power
               .
               That
               the
               Law
               hath
               been
               fined
               by
               Grave
               and
               Learned
               Men
               ,
               meaning
               the
               Professors
               of
               the
               Law
               is
               manifestly
               untrue
               ,
               for
               all
               the
               Laws
               
               of
               England
               have
               been
               made
               by
               the
               Kings
               of
               England
               ,
               consulting
               with
               the
               Nobility
               and
               Commons
               in
               Parliament
               ,
               of
               which
               not
               one
               of
               twenty
               was
               a
               Learned
               Lawyer
               .
            
          
           
             
               Law.
               
            
             
               You
               speak
               of
               the
               Statute
               Law
               ,
               and
               I
               speak
               of
               the
               Common
               Law.
               
            
          
           
             
               Ph.
               
            
             
               I
               speak
               generally
               of
               Law.
               
            
          
           
             
               La.
               
            
             
               Thus
               far
               I
               agree
               with
               you
               ,
               that
               Statute
               Law
               taken
               away
               ,
               there
               would
               not
               be
               left
               ,
               either
               here
               ,
               or
               any
               where
               ,
               any
               Law
               at
               all
               that
               would
               conduce
               to
               the
               Peace
               of
               a
               Nation
               ;
               yet
               Equity
               ,
               and
               Reason
               which
               Laws
               Divine
               and
               Eternal
               ,
               which
               oblige
               all
               Men
               at
               all
               times
               ,
               and
               in
               all
               places
               ,
               would
               still
               remain
               ,
               but
               be
               Obeyed
               by
               few
               :
               and
               though
               the
               breach
               of
               them
               be
               not
               punished
               in
               this
               World
               ,
               yet
               they
               will
               be
               punished
               sufficiently
               in
               the
               World
               to
               come
               .
               Sir
               
                 Edw.
                 Coke
              
               for
               drawing
               to
               the
               Men
               of
               his
               own
               Profession
               as
               much
               Authority
               as
               lawfully
               he
               might
               ,
               is
               not
               to
               be
               reprehended
               ;
               but
               to
               the
               gravity
               and
               Learning
               of
               the
               Judges
               they
               ought
               to
               have
               added
               in
               the
               making
               of
               Laws
               ,
               the
               Authority
               of
               the
               King
               ,
               which
               hath
               the
               Soveraignty
               :
               for
               of
               these
               Laws
               of
               Reason
               ,
               every
               Subject
               that
               is
               in
               his
               Wits
               ,
               is
               bound
               to
               take
               notice
               at
               his
               Peril
               ,
               because
               Reason
               is
               part
               of
               his
               Nature
               ,
               which
               he
               continually
               carryes
               about
               with
               him
               ,
               and
               may
               read
               it
               ,
               if
               he
               will.
               
            
          
           
             
             
               Ph.
               
            
             
               'T
               is
               very
               true
               ;
               and
               upon
               this
               ground
               ,
               if
               I
               pretend
               within
               a
               Month
               ,
               or
               two
               to
               make
               my self
               able
               to
               perform
               the
               Office
               of
               a
               Judge
               ,
               you
               are
               not
               to
               think
               it
               Arrogance
               ;
               for
               you
               are
               to
               allow
               to
               me
               ,
               as
               well
               as
               to
               other
               Men
               ,
               my
               pretence
               to
               Reason
               ,
               which
               is
               the
               Common
               Law
               (
               remember
               this
               that
               I
               may
               not
               need
               again
               to
               put
               you
               in
               mind
               ,
               that
               Reason
               is
               the
               Common
               Law
               )
               and
               for
               Statute
               Law
               ,
               seeing
               it
               is
               Printed
               ,
               and
               that
               there
               be
               Indexes
               to
               point
               me
               to
               every
               matter
               contained
               in
               them
               ,
               I
               think
               a
               Man
               may
               profit
               in
               them
               very
               much
               in
               two
               Months
               .
            
          
           
             
               Law.
               
            
             
               But
               you
               will
               be
               but
               an
               ill
               Pleader
               .
            
          
           
             
               Ph.
               
            
             
               A
               Pleader
               commonly
               thinks
               he
               ought
               to
               say
               all
               he
               can
               for
               the
               Benefit
               of
               his
               Client
               ,
               and
               therefore
               has
               need
               of
               a
               faculty
               to
               wrest
               the
               sense
               of
               words
               from
               their
               true
               meaning
               ;
               and
               the
               faculty
               of
               Rhetorick
               to
               seduce
               the
               Jury
               ,
               and
               sometimes
               the
               Judge
               also
               ,
               and
               many
               other
               Arts
               ,
               which
               I
               neither
               have
               ,
               nor
               intend
               to
               study
               .
            
          
           
             
               La.
               
            
             
               But
               let
               the
               Judge
               how
               good
               soever
               he
               thinks
               his
               Reasoning
               ,
               take
               heed
               that
               he
               depart
               not
               too
               much
               from
               the
               Letter
               of
               the
               Statute
               :
               for
               it
               is
               not
               without
               danger
               .
            
          
           
             
               Ph.
               
            
             
               He
               may
               without
               danger
               recede
               from
               the
               Letter
               ,
               if
               he
               do
               not
               from
               the
               meaning
               and
               sense
               of
               the
               Law
               ,
               which
               may
               be
               by
               a
               Learned
               Man
               ,
               (
               such
               as
               Judges
               commonly
               
               are
               )
               easily
               found
               out
               by
               the
               Preamble
               ,
               the
               time
               when
               it
               was
               made
               ,
               and
               the
               Incommodities
               for
               which
               it
               was
               made
               :
               but
               I
               pray
               tell
               me
               ,
               to
               what
               end
               were
               Statute-Laws
               ordained
               ,
               seeing
               the
               Law
               of
               Reason
               ought
               to
               be
               applyed
               to
               every
               Controversie
               that
               can
               arise
               .
            
          
           
             
               La.
               
            
             
               You
               are
               not
               ignorant
               of
               the
               force
               of
               an
               irregular
               Appetite
               to
               Riches
               ,
               to
               Power
               ,
               and
               to
               sensual
               Pleasures
               ,
               how
               it
               Masters
               the
               strongest
               Reason
               ,
               and
               is
               the
               root
               of
               Disobedience
               ,
               Slaughter
               ,
               Fraud
               ,
               Hypocrisie
               ,
               and
               all
               manner
               of
               evil
               habits
               ;
               and
               that
               the
               Laws
               of
               Man
               ,
               though
               they
               can
               punish
               the
               fruits
               of
               them
               ,
               which
               are
               evil
               Actions
               ,
               yet
               they
               cannot
               pluck
               up
               the
               roots
               that
               are
               in
               the
               Heart
               .
               How
               can
               a
               Man
               be
               Indicted
               of
               Avarice
               ,
               Envy
               ,
               Hypocrisie
               ,
               or
               other
               vitious
               Habit
               ,
               till
               it
               be
               declared
               by
               some
               Action
               ,
               which
               a
               Witness
               may
               take
               notice
               of
               ;
               the
               root
               remaining
               ,
               new
               fruit
               will
               come
               forth
               till
               you
               be
               weary
               of
               punishing
               ,
               and
               at
               last
               destroy
               all
               Power
               that
               shall
               oppose
               it
               .
            
          
           
             
               Ph.
               
            
             
               What
               hope
               then
               is
               there
               of
               a
               constant
               Peace
               in
               any
               Nation
               ,
               or
               between
               one
               Nation
               ,
               and
               another
               ?
            
          
           
             
               La.
               
            
             
               You
               are
               not
               to
               expect
               such
               a
               Peace
               between
               two
               Nations
               ,
               because
               there
               is
               no
               Common
               Power
               in
               this
               World
               to
               punish
               their
               Injustice
               :
               mutual
               fear
               may
               keep
               them
               quiet
               for
               a
               time
               ,
               but
               upon
               every
               visible
               
               advantage
               they
               will
               invade
               one
               another
               ,
               and
               the
               most
               visible
               advantage
               is
               then
               ,
               when
               the
               one
               Nation
               is
               obedient
               to
               their
               King
               ,
               and
               the
               other
               not
               ;
               but
               Peace
               at
               home
               may
               then
               be
               expected
               durable
               ,
               when
               the
               common
               people
               shall
               be
               made
               to
               see
               the
               benefit
               they
               shall
               receive
               by
               their
               Obedience
               and
               Adhaesion
               to
               their
               own
               Soveraign
               ,
               and
               the
               harm
               they
               must
               suffer
               by
               taking
               part
               with
               them
               ,
               who
               by
               promises
               of
               Reformation
               ,
               or
               change
               of
               Government
               deceive
               them
               .
               And
               this
               is
               properly
               to
               be
               done
               by
               Divines
               ,
               and
               from
               Arguments
               not
               only
               from
               Reason
               ,
               but
               also
               from
               the
               Holy
               Scripture
               .
            
          
           
             
               Ph.
               
            
             
               This
               that
               you
               say
               is
               true
               ,
               but
               not
               very
               much
               to
               that
               I
               aim
               at
               by
               your
               Conversation
               ,
               which
               is
               to
               inform
               my self
               concerning
               the
               Laws
               of
               England
               :
               therefore
               I
               ask
               you
               again
               ,
               what
               is
               the
               end
               of
               Statute-Laws
               ?
            
          
        
         
           
             Of
             Soveraign
             Power
             .
          
           
             
               La.
               
            
             
               I
               say
               then
               that
               the
               scope
               of
               all
               Humane
               Law
               is
               Peace
               ,
               and
               Justice
               in
               every
               Nation
               amongst
               themselves
               ,
               and
               defence
               against
               Forraign
               Enemies
               .
            
          
           
             
               Ph.
               
            
             
               But
               what
               is
               Justice
               ?
            
          
           
             
               La.
               
            
             
               Justice
               is
               giving
               to
               every
               Man
               his
               own
               .
            
          
           
             
             
               Ph.
               
            
             
               The
               Definition
               is
               good
               ,
               and
               yet
               't
               is
               Aristotles
               ;
               what
               is
               the
               Definition
               agreed
               upon
               as
               a
               Principle
               in
               the
               Science
               of
               the
               Common
               Law
               ?
            
          
           
             
               La.
               
            
             
               The
               same
               with
               that
               of
               Aristotle
               .
            
          
           
             
               Ph.
               
            
             
               See
               you
               Lawyers
               how
               much
               you
               are
               beholding
               to
               a
               Philosopher
               ,
               and
               't
               is
               but
               reason
               ,
               for
               the
               more
               General
               and
               Noble
               Science
               ,
               and
               Law
               of
               all
               the
               World
               is
               true
               Philosophy
               ,
               of
               which
               the
               Common
               Law
               of
               England
               is
               a
               very
               little
               part
               .
            
          
           
             
               La.
               
            
             
               'T
               is
               so
               ,
               if
               you
               mean
               by
               Philosophy
               nothing
               but
               the
               Study
               of
               Reason
               ,
               as
               I
               think
               you
               do
               .
            
          
           
             
               Ph.
               
            
             
               When
               you
               say
               that
               Justice
               gives
               to
               every
               Man
               his
               own
               ,
               what
               mean
               you
               by
               his
               own
               ?
               How
               can
               that
               be
               given
               me
               which
               is
               my
               own
               already
               ?
               or
               ,
               if
               it
               be
               not
               my
               own
               ,
               how
               can
               Justice
               make
               it
               mine
               ?
            
          
           
             
               La.
               
            
             
               Without
               Law
               every
               thing
               is
               in
               such
               sort
               every
               Mans
               ,
               as
               he
               may
               take
               ,
               possess
               ,
               and
               enjoy
               without
               wrong
               to
               any
               Man
               ,
               every
               thing
               ,
               Lands
               ,
               Beasts
               ,
               Fruits
               ,
               and
               even
               the
               bodies
               of
               other
               Men
               ,
               if
               his
               Reason
               tell
               him
               he
               cannot
               otherwise
               live
               securely
               :
               for
               the
               dictates
               of
               Reason
               are
               little
               worth
               ,
               if
               they
               tended
               not
               to
               the
               preservation
               and
               improvement
               of
               Mens
               Lives
               ,
               seeing
               then
               without
               Humane
               Law
               all
               things
               would
               be
               Common
               ,
               and
               this
               Community
               a
               cause
               of
               Incroachment
               ,
               Envy
               ,
               Slaughter
               ,
               and
               continual
               War
               
               of
               one
               upon
               another
               ,
               the
               same
               Law
               of
               Reason
               Dictates
               to
               Mankind
               (
               for
               their
               own
               preservation
               )
               a
               distribution
               of
               Lands
               ,
               and
               Goods
               ,
               that
               each
               Man
               may
               know
               what
               is
               proper
               to
               him
               ,
               so
               as
               none
               other
               might
               pretend
               a
               right
               thereunto
               ,
               or
               disturb
               him
               in
               the
               use
               of
               the
               same
               .
               This
               distribution
               is
               Justice
               ,
               and
               this
               properly
               is
               the
               same
               which
               we
               say
               is
               one
               owns
               :
               by
               which
               you
               may
               see
               the
               great
               Necessity
               there
               was
               of
               Statute
               Laws
               ,
               for
               preservation
               of
               all
               Mankind
               .
               It
               is
               also
               a
               Dictate
               of
               the
               Law
               of
               Reason
               ,
               that
               Statute
               Laws
               are
               a
               necessary
               means
               of
               the
               safety
               and
               well
               being
               of
               Man
               in
               the
               present
               World
               ,
               and
               are
               to
               be
               Obeyed
               by
               all
               Subjects
               ,
               as
               the
               Law
               of
               Reason
               ought
               to
               be
               Obeyed
               ,
               both
               by
               King
               and
               Subjects
               ,
               because
               it
               is
               the
               Law
               of
               God.
               
            
          
           
             
               Ph.
               
            
             
               All
               this
               is
               very
               Rational
               ;
               but
               how
               can
               any
               Laws
               secure
               one
               Man
               from
               another
               ?
               When
               the
               greatest
               part
               of
               Men
               are
               so
               unreasonable
               ,
               and
               so
               partial
               to
               themselves
               as
               they
               are
               ,
               and
               the
               Laws
               of
               themselves
               are
               but
               a
               dead
               Letter
               ,
               which
               of
               it self
               is
               not
               able
               to
               compel
               a
               Man
               to
               do
               otherwise
               than
               himself
               pleaseth
               ,
               nor
               punish
               ,
               or
               hurt
               him
               when
               he
               hath
               done
               a
               mischief
               .
            
          
           
             
               La.
               
            
             
               By
               the
               Laws
               ,
               I
               mean
               ,
               Laws
               living
               and
               Armed
               :
               for
               you
               must
               suppose
               ,
               that
               a
               Nation
               that
               is
               subdued
               by
               War
               to
               an
               absolute
               submission
               of
               a
               Conqueror
               ,
               it
               may
               by
               
               the
               same
               Arm
               that
               compelled
               it
               to
               Submission
               ,
               be
               compelled
               to
               Obey
               his
               Laws
               .
               Also
               if
               a
               Nation
               choose
               a
               Man
               ,
               or
               an
               Assembly
               of
               Men
               to
               Govern
               them
               by
               Laws
               ,
               it
               must
               furnish
               him
               also
               with
               Armed
               Men
               and
               Money
               ,
               and
               all
               things
               necessary
               to
               his
               Office
               ,
               or
               else
               his
               Laws
               will
               be
               of
               no
               force
               ,
               and
               the
               Nation
               remains
               ,
               as
               before
               it
               was
               ,
               in
               Confusion
               .
               'T
               is
               not
               therefore
               the
               word
               of
               the
               Law
               ,
               but
               the
               Power
               of
               a
               Man
               that
               has
               the
               strength
               of
               a
               Nation
               ,
               that
               makes
               the
               Laws
               effectual
               .
               It
               was
               not
               Solon
               that
               made
               Athenian
               Laws
               (
               though
               he
               devised
               them
               )
               but
               the
               Supream
               Court
               of
               the
               People
               ;
               nor
               ,
               the
               Lawyers
               of
               Rome
               that
               made
               the
               Imperial
               Law
               in
               
               Justinian's
               time
               ,
               but
               Justinian
               himself
               .
            
          
           
             
               Ph.
               
            
             
               We
               agree
               then
               in
               this
               ,
               that
               in
               England
               it
               is
               the
               King
               that
               makes
               the
               Laws
               ,
               whosoever
               Pens
               them
               ,
               and
               in
               this
               ,
               that
               the
               King
               cannot
               make
               his
               Laws
               effectual
               ,
               nor
               defend
               his
               People
               against
               their
               Enemies
               ,
               without
               a
               Power
               to
               Leavy
               Souldiers
               ,
               and
               consequently
               ,
               that
               he
               may
               Lawfully
               ,
               as
               oft
               as
               he
               shall
               really
               think
               it
               necessary
               to
               raise
               an
               Army
               (
               which
               in
               some
               occasions
               be
               very
               great
               )
               I
               say
               ,
               raise
               it
               ,
               and
               Money
               to
               Maintain
               it
               .
               I
               doubt
               not
               but
               you
               will
               allow
               this
               to
               be
               according
               to
               the
               Law
               (
               at
               least
               )
               of
               Reason
               .
            
          
           
             
               La.
               
            
             
               For
               my
               part
               I
               allow
               it
               .
               But
               you
               have
               heard
               how
               ,
               in
               ,
               and
               before
               the
               late
               Troubles
               
               the
               People
               were
               of
               another
               mind
               .
               Shall
               the
               King
               ,
               said
               they
               ,
               take
               from
               us
               what
               he
               please
               ,
               upon
               pretence
               of
               a
               necessity
               whereof
               he
               makes
               himself
               the
               Judg
               ?
               What
               worse
               Condition
               can
               we
               be
               in
               from
               an
               Enemy
               !
               What
               can
               they
               take
               from
               us
               more
               than
               what
               they
               list
               ?
            
          
           
             
               Ph.
               
            
             
               The
               People
               Reason
               ill
               ;
               they
               do
               not
               know
               in
               what
               Condition
               we
               were
               in
               the
               time
               of
               the
               Conqueror
               ,
               when
               it
               was
               a
               shame
               to
               be
               an
               English-Man
               ,
               who
               if
               he
               grumbled
               at
               the
               base
               Offices
               he
               was
               put
               to
               by
               his
               Norman
               Masters
               ,
               received
               no
               other
               Answer
               but
               this
               ,
               Thou
               art
               but
               an
               English-Man
               ,
               nor
               can
               the
               People
               ,
               nor
               any
               Man
               that
               humors
               them
               in
               their
               Disobedience
               ,
               produce
               any
               Example
               of
               a
               King
               that
               ever
               rais'd
               any
               excessive
               Summ's
               ,
               either
               by
               himself
               ,
               or
               by
               the
               Consent
               of
               his
               Parliament
               ,
               but
               when
               they
               had
               great
               need
               thereof
               ;
               nor
               can
               shew
               any
               reason
               that
               might
               move
               any
               of
               them
               so
               to
               do
               .
               The
               greatest
               Complaint
               by
               them
               made
               against
               the
               unthriftiness
               of
               their
               Kings
               was
               for
               the
               inriching
               now
               and
               then
               a
               Favourite
               ,
               which
               to
               the
               Wealth
               of
               the
               Kingdom
               was
               inconsiderable
               ,
               and
               the
               Complaint
               but
               Envy
               .
               But
               in
               this
               point
               of
               raising
               Souldiers
               ,
               what
               is
               I
               pray
               you
               the
               Statute
               Law
               ?
            
          
           
             
               La.
               
            
             
               The
               last
               Statute
               concerning
               it
               ,
               is
               13
               
                 Car.
                 2.
                 c.
              
               6.
               
               By
               which
               the
               Supream
               Government
               Command
               ,
               and
               disposing
               of
               the
               
               Militia
               of
               England
               is
               delivered
               to
               be
               ,
               and
               always
               to
               have
               been
               the
               Antient
               Right
               of
               the
               Kings
               of
               England
               :
               But
               there
               is
               also
               in
               the
               same
               Act
               a
               Proviso
               ,
               that
               this
               shall
               not
               be
               Construed
               for
               a
               Declaration
               ,
               that
               the
               King
               may
               Transport
               his
               Subjects
               ,
               or
               compel
               them
               to
               march
               out
               of
               the
               Kingdom
               ,
               nor
               is
               it
               ,
               on
               the
               contrary
               declared
               to
               be
               unlawful
               .
            
          
           
             
               Ph.
               
            
             
               Why
               is
               not
               that
               also
               determined
               ?
            
          
           
             
               La.
               
            
             
               I
               can
               imagine
               cause
               enough
               for
               it
               ,
               though
               I
               may
               be
               deceiv'd
               .
               We
               love
               to
               have
               our
               King
               amongst
               us
               ,
               and
               not
               be
               Govern'd
               by
               Deputies
               ,
               either
               of
               our
               own
               ,
               or
               another
               Nation
               :
               But
               this
               I
               verily
               believe
               ,
               that
               if
               a
               Forraign
               Enemy
               should
               either
               invade
               us
               ,
               or
               put
               himself
               in
               t
               a
               readiness
               to
               invade
               either
               
                 England
                 ,
                 Ireland
              
               ,
               or
               Scotland
               (
               no
               Parliament
               then
               sitting
               )
               and
               the
               King
               send
               English
               Souldiers
               thither
               ,
               the
               Parliament
               would
               give
               him
               thanks
               for
               it
               .
               The
               Subjects
               of
               those
               Kings
               who
               affect
               the
               Glory
               ,
               and
               imitate
               the
               Actions
               of
               Alexander
               the
               Great
               ,
               have
               not
               always
               the
               most
               comfortable
               lives
               ,
               nor
               do
               such
               Kings
               usually
               very
               long
               enjoy
               their
               Conquests
               .
               They
               March
               to
               and
               fro
               perpetually
               ,
               as
               upon
               a
               Plank
               sustained
               only
               in
               the
               midst
               ,
               and
               when
               one
               end
               rises
               ,
               down
               goes
               the
               other
               .
            
          
           
             
               Ph.
               
            
             
               'T
               is
               well
               .
               But
               where
               Souldiers
               (
               in
               the
               Judgment
               of
               the
               Kings
               Conscience
               )
               are
               indeed
               necessary
               ,
               as
               in
               an
               insurrection
               ,
               or
               
               Rebellion
               at
               home
               ;
               how
               shall
               the
               Kingdom
               be
               preserved
               without
               a
               considerable
               Army
               ready
               ,
               and
               in
               pay
               ?
               How
               shall
               Money
               be
               rais'd
               for
               this
               Army
               ,
               especially
               when
               the
               want
               of
               publick
               Treasure
               inviteth
               Neighbour
               Kings
               to
               incroach
               ,
               and
               unruly
               Subjects
               to
               Rebel
               ?
            
          
           
             
               La
               
            
             
               I
               cannot
               tell
               .
               It
               is
               matter
               of
               Polity
               ,
               not
               of
               Law
               ;
               but
               I
               know
               ,
               that
               there
               be
               Statutes
               express
               ,
               whereby
               the
               King
               hath
               obliged
               himself
               never
               to
               Levy
               Money
               upon
               his
               Subjects
               without
               the
               consent
               of
               his
               Parliament
               .
               One
               of
               which
               Statutes
               is
               .
               25
               
                 Ed.
                 1.
                 c.
              
               6.
               in
               these
               words
               ,
               
                 We
                 have
                 granted
                 for
                 us
                 ,
                 and
                 our
                 Heirs
                 ,
                 as
                 well
                 to
                 Arch-Bishops
                 ,
                 Bishops
                 ,
                 Abbots
                 ,
                 and
                 other
                 Folk
                 of
                 the
                 Holy
                 Church
                 ,
                 as
                 also
                 Earls
                 ,
                 Barons
                 ,
                 and
                 to
                 all
                 the
                 Commonalty
                 of
                 the
                 Land
                 ,
                 that
                 for
                 no
                 Business
                 from
                 henceforth
                 ,
                 we
                 shall
                 take
                 such
                 Aids
                 ,
                 Taxes
                 ,
                 or
                 Prizes
                 ,
                 but
                 by
                 the
                 common
                 Consent
                 of
                 the
                 Realm
                 .
              
               There
               is
               also
               another
               Statute
               of
               Ed.
               1.
               in
               these
               words
               ,
               
                 No
                 Taxes
                 ,
                 or
                 Aid
                 shall
                 be
                 taken
                 or
                 Leveyed
                 by
                 us
                 ,
                 or
                 our
                 Heirs
                 in
                 our
                 Realm
                 ,
                 without
                 the
                 good
                 will
                 ,
                 and
                 assent
                 of
                 the
                 Arch-Bishops
                 ,
                 Bishops
                 ,
                 Earls
                 ,
                 Barons
                 ,
                 Knights
                 ,
                 Burgesses
                 ,
                 and
                 other
                 Freemen
                 of
                 the
                 Land
              
               ;
               which
               Statutes
               have
               been
               since
               that
               time
               Confirmed
               by
               divers
               other
               Kings
               ,
               and
               lastly
               by
               the
               King
               that
               now
               Reigneth
               .
            
          
           
             
               Ph.
               
            
             
               All
               this
               I
               know
               ,
               and
               am
               not
               satisfied
               .
               I
               am
               one
               of
               the
               Common
               People
               ,
               and
               
               one
               of
               that
               almost
               infinite
               number
               of
               Men
               ,
               for
               whose
               welfare
               Kings
               ,
               and
               other
               Soveraigns
               were
               by
               God
               Ordain'd
               :
               For
               God
               made
               Kings
               for
               the
               People
               ,
               and
               not
               People
               for
               Kings
               .
               How
               shall
               I
               be
               defended
               from
               the
               domineering
               of
               Proud
               and
               Insolent
               Strangers
               that
               speak
               another
               Language
               ,
               that
               scorn
               us
               ,
               that
               seek
               to
               make
               us
               Slaves
               ?
               Or
               how
               shall
               I
               avoid
               the
               Destruction
               that
               may
               arise
               from
               the
               cruelty
               of
               Factions
               in
               a
               Civil
               War
               ,
               unless
               the
               King
               ,
               to
               whom
               alone
               ,
               you
               say
               ,
               belongeth
               the
               right
               of
               Levying
               ,
               and
               disposing
               of
               the
               Militia
               ;
               by
               which
               only
               it
               can
               be
               prevented
               ,
               have
               ready
               Money
               ,
               upon
               all
               Occasions
               ,
               to
               Arm
               and
               pay
               as
               many
               Souldiers
               ,
               as
               for
               the
               present
               defence
               ,
               or
               the
               Peace
               of
               the
               People
               shall
               be
               necessary
               ?
               Shall
               not
               I
               ,
               and
               you
               ,
               and
               every
               Man
               be
               undone
               ?
               Tell
               me
               not
               of
               a
               Parliament
               when
               there
               is
               no
               Parliament
               sitting
               ,
               or
               perhaps
               none
               in
               being
               ,
               which
               may
               often
               happen
               ;
               and
               when
               there
               is
               a
               Parliament
               if
               the
               speaking
               ,
               and
               leading
               Men
               should
               have
               a
               design
               to
               put
               down
               Monarchy
               ,
               as
               they
               had
               in
               the
               Parliament
               which
               began
               to
               sit
               
                 Nov.
                 3.
              
               1640.
               
               Shall
               the
               King
               ,
               who
               is
               to
               answer
               to
               God
               Almighty
               for
               the
               safety
               of
               the
               People
               ,
               and
               to
               that
               end
               is
               intrusted
               with
               the
               Power
               to
               Levy
               and
               dispose
               of
               the
               Souldiery
               ,
               be
               disabled
               to
               perform
               his
               Office
               by
               virtue
               of
               these
               Acts
               of
               Parliament
               which
               you
               have
               
               cited
               ?
               If
               this
               be
               reason
               ,
               't
               is
               reason
               also
               that
               the
               People
               be
               Abandoned
               ,
               or
               left
               at
               liberty
               to
               kill
               one
               another
               ,
               even
               to
               the
               last
               Man
               ;
               if
               it
               be
               not
               Reason
               ,
               then
               you
               have
               granted
               it
               is
               not
               Law.
               
            
          
           
             
               La.
               
            
             
               'T
               is
               true
               ,
               if
               you
               mean
               
                 Recta
                 Ratio
              
               ,
               but
               
                 Recta
                 Ratio
              
               which
               I
               grant
               to
               be
               Law
               ,
               as
               Sir
               
                 Edw.
                 Coke
              
               says
               ,
               1
               
                 Inst.
                 Sect.
              
               138.
               
               Is
               an
               Artificial
               perfection
               of
               Reason
               gotten
               by
               long
               Study
               ,
               Observation
               ,
               and
               Experience
               ,
               and
               not
               every
               Mans
               natural
               Reason
               ;
               for
               
                 Nemo
                 nascitur
                 Artifex
              
               .
               This
               Legal
               Reason
               is
               
                 summa
                 Ratio
              
               ;
               and
               therefore
               ,
               if
               all
               the
               Reason
               that
               is
               dispersed
               into
               so
               many
               several
               Heads
               were
               united
               into
               one
               ,
               yet
               could
               he
               not
               make
               such
               a
               Law
               as
               the
               Law
               of
               England
               is
               ,
               because
               by
               many
               Successions
               of
               Ages
               it
               hath
               been
               fined
               and
               refin●d
               ,
               by
               an
               infinite
               number
               of
               Grave
               and
               Learned
               Men.
               And
               this
               is
               it
               he
               calls
               the
               Common-Law
               .
            
          
           
             
               Ph.
               
            
             
               Do
               you
               think
               this
               to
               be
               good
               Doctrine
               ?
               though
               it
               be
               true
               ,
               that
               no
               Man
               is
               born
               with
               the
               use
               of
               Reason
               ,
               yet
               all
               Men
               may
               grow
               up
               to
               it
               as
               well
               as
               Lawyers
               ;
               and
               when
               they
               have
               applyed
               their
               Reason
               to
               the
               Laws
               (
               which
               were
               Laws
               before
               they
               Studyed
               them
               ,
               or
               else
               it
               was
               not
               Law
               they
               Studied
               )
               may
               be
               as
               fit
               for
               ,
               and
               capable
               of
               Judicature
               as
               Sir
               
                 Edw.
                 Coke
              
               himself
               ,
               who
               whether
               he
               had
               more
               ,
               or
               less
               use
               of
               Reason
               ,
               was
               not
               thereby
               a
               Judge
               ,
               but
               because
               
               the
               King
               made
               him
               so
               :
               And
               whereas
               he
               says
               ,
               that
               a
               Man
               who
               should
               have
               as
               much
               Reason
               as
               is
               dispersed
               in
               so
               many
               several
               Heads
               ,
               could
               not
               make
               such
               a
               Law
               as
               this
               Law
               of
               England
               is
               ;
               if
               one
               should
               ask
               him
               who
               made
               the
               Law
               of
               England
               ?
               Would
               he
               say
               a
               Succession
               of
               English
               Lawyers
               ,
               or
               Judges
               made
               it
               ,
               or
               rather
               a
               Succession
               of
               Kings
               ;
               and
               that
               upon
               their
               own
               Reason
               ,
               either
               solely
               ,
               or
               with
               the
               Advice
               of
               the
               Lords
               and
               Commons
               in
               Parliament
               ,
               without
               the
               Judges
               ,
               or
               other
               Professors
               of
               the
               Law
               ?
               You
               see
               therefore
               that
               the
               Kings
               Reason
               ,
               be
               it
               more
               ,
               or
               less
               ,
               is
               that
               
                 Anima
                 Legis
              
               ,
               that
               
                 Summa
                 Lex
              
               ,
               whereof
               Sir
               
                 Edw.
                 Coke
              
               speaketh
               ,
               and
               not
               the
               Reason
               ,
               Learning
               ,
               or
               Wisdom
               of
               the
               Judges
               ;
               but
               you
               may
               see
               ,
               that
               quite
               through
               his
               Institutes
               of
               Law
               ,
               he
               often
               takes
               occasion
               to
               Magnifie
               the
               Learning
               of
               the
               Lawyers
               ,
               whom
               he
               perpetually
               termeth
               the
               Sages
               of
               the
               Parliament
               ,
               or
               of
               the
               Kings
               Council
               :
               therefore
               unless
               you
               say
               otherwise
               ,
               I
               say
               ,
               that
               the
               Kings
               Reason
               ,
               when
               it
               is
               publickly
               upon
               Advice
               ,
               and
               Deliberation
               declar'd
               ,
               is
               that
               
                 Anima
                 Legis
              
               ,
               and
               that
               
                 Summa
                 Ratio
              
               ,
               and
               that
               Equity
               which
               all
               agree
               to
               be
               the
               Law
               of
               Reason
               ,
               is
               all
               that
               is
               ,
               or
               ever
               was
               Law
               in
               England
               ,
               since
               it
               became
               Christian
               ,
               besides
               the
               Bible
               .
            
          
           
             
             
               La.
               
            
             
               Are
               not
               the
               Canons
               of
               the
               Church
               part
               of
               the
               Law
               of
               England
               ,
               as
               also
               the
               Imperial
               Law
               used
               in
               the
               Admiralty
               ,
               and
               the
               Customs
               of
               particular
               places
               ,
               and
               the
               by-Laws
               of
               Corporations
               ,
               and
               Courts
               of
               Judicature
               .
            
          
           
             
               Ph.
               
            
             
               Why
               not
               ?
               for
               they
               were
               all
               Constituted
               by
               the
               Kings
               of
               England
               ;
               and
               though
               the
               Civil
               Law
               used
               in
               the
               Admiralty
               were
               at
               first
               the
               Statutes
               of
               the
               Roman
               Empire
               ,
               yet
               because
               they
               are
               in
               force
               by
               no
               other
               Authority
               than
               that
               of
               the
               King
               ,
               they
               are
               now
               the
               Kings
               Laws
               ,
               and
               the
               Kings
               Statutes
               .
               The
               same
               we
               may
               say
               of
               the
               Canons
               ;
               such
               of
               them
               as
               we
               have
               retained
               ,
               made
               by
               the
               Church
               of
               Rome
               ,
               have
               been
               no
               Law
               ,
               nor
               of
               any
               force
               in
               England
               ,
               since
               the
               beginning
               of
               Queen
               
               Elizabeth's
               Raign
               ,
               but
               by
               Virtue
               of
               the
               Great
               Seal
               of
               England
               .
            
          
           
             
               La.
               
            
             
               In
               the
               said
               Statutes
               that
               restrain
               the
               Levying
               of
               Money
               without
               consent
               of
               Parliament
               ,
               Is
               there
               any
               thing
               you
               can
               take
               exceptions
               to
               ?
            
          
           
             
               Ph.
               
            
             
               No
               ,
               I
               am
               satisfied
               that
               the
               Kings
               that
               grant
               such
               Liberties
               are
               bound
               to
               make
               them
               good
               ,
               so
               far
               as
               it
               may
               be
               done
               without
               sin
               :
               But
               if
               a
               King
               find
               that
               by
               such
               a
               Grant
               he
               be
               disabled
               to
               protect
               his
               Subjects
               if
               he
               maintain
               his
               Grant
               ,
               he
               sins
               ;
               and
               therefore
               may
               ,
               and
               ought
               to
               take
               no
               Notice
               
               of
               the
               said
               Grant
               :
               For
               such
               Grants
               as
               by
               Error
               ,
               or
               false
               Suggestion
               are
               gotten
               from
               him
               ,
               are
               as
               the
               Lawyers
               do
               Confess
               ,
               Void
               and
               of
               no
               Effect
               ,
               and
               ought
               to
               be
               recalled
               .
               Also
               the
               King
               (
               as
               is
               on
               all
               hands
               Confessed
               )
               hath
               the
               Charge
               lying
               upon
               him
               to
               Protect
               his
               People
               against
               Forraign
               Enemies
               ,
               and
               to
               keep
               the
               Peace
               betwixt
               them
               within
               the
               Kingdom
               ;
               if
               he
               do
               not
               his
               utmost
               endeavour
               to
               discharge
               himself
               thereof
               ,
               he
               Committeth
               a
               Sin
               ,
               which
               neither
               King
               ,
               nor
               Parliament
               can
               Lawfully
               commit
               .
            
          
           
             
               La.
               
            
             
               No
               Man
               I
               think
               will
               deny
               this
               :
               For
               if
               Levying
               of
               Money
               be
               necessary
               ,
               it
               is
               a
               Sin
               in
               the
               Parliament
               to
               refuse
               ,
               if
               unnecessary
               ,
               it
               is
               a
               sin
               both
               in
               King
               and
               Parliament
               to
               Levy
               :
               But
               for
               all
               that
               it
               may
               be
               ,
               and
               I
               think
               it
               is
               a
               Sin
               in
               any
               one
               that
               hath
               the
               Soveraign
               Power
               ,
               be
               he
               one
               Man
               ,
               or
               one
               Assembly
               ,
               being
               intrusted
               with
               the
               safety
               of
               a
               whole
               Nation
               ,
               if
               rashly
               ,
               and
               relying
               upon
               his
               own
               Natural
               sufficiency
               ,
               he
               make
               War
               ,
               or
               Peace
               without
               Consulting
               with
               such
               ,
               as
               by
               their
               Experience
               and
               Employment
               abroad
               ,
               and
               Intelligence
               by
               Letters
               ,
               or
               other
               means
               have
               gotten
               the
               Knowledge
               in
               some
               measure
               of
               the
               strength
               ,
               Advantages
               and
               Designs
               of
               the
               Enemy
               ,
               and
               the
               Manner
               and
               Degree
               of
               the
               Danger
               that
               may
               from
               thence
               arise
               .
               In
               like
               manner
               ,
               
               in
               case
               of
               Rebellion
               at
               Home
               ,
               if
               he
               Consult
               not
               with
               of
               Military
               Condition
               ,
               which
               if
               he
               do
               ,
               then
               I
               think
               he
               may
               Lawfully
               proceed
               to
               Subdue
               all
               such
               Enemies
               and
               Rebels
               ;
               and
               that
               the
               Souldiers
               ought
               to
               go
               on
               without
               Inquiring
               whether
               they
               be
               within
               the
               Country
               ,
               or
               without
               :
               For
               who
               shall
               suppress
               Rebellion
               ,
               but
               he
               that
               hath
               Right
               to
               Levy
               ,
               Command
               ,
               and
               Dispose
               of
               the
               Militia
               ?
               The
               last
               long
               Parliament
               denied
               this
               .
               But
               why
               ?
               Because
               by
               the
               Major
               part
               of
               their
               Votes
               the
               Rebellion
               was
               raised
               with
               design
               to
               put
               down
               Monarchy
               ,
               and
               to
               that
               end
               Maintained
               .
            
          
           
             
               Ph.
               
            
             
               Nor
               do
               I
               hereby
               lay
               any
               Aspersion
               upon
               such
               Grants
               of
               the
               King
               and
               his
               Ancestors
               .
               Those
               Statutes
               are
               in
               themselves
               very
               good
               for
               the
               King
               and
               People
               ,
               as
               creating
               some
               kind
               of
               Difficulty
               ,
               or
               such
               Kings
               as
               for
               the
               Glory
               of
               Conquest
               might
               spend
               one
               part
               of
               their
               Subjects
               Lives
               and
               Estates
               ,
               in
               Molesting
               other
               Nations
               ,
               and
               leave
               the
               rest
               to
               Destroy
               themselves
               at
               Home
               by
               Factions
               .
               That
               which
               I
               here
               find
               fault
               with
               ,
               is
               the
               wresting
               of
               those
               ,
               and
               other
               such
               Statutes
               to
               a
               binding
               of
               our
               Kings
               from
               the
               use
               of
               their
               Armies
               in
               the
               necessary
               defence
               of
               themselves
               and
               their
               People
               .
               The
               late
               long
               Parliament
               that
               in
               1648
               ,
               Murdered
               their
               King
               (
               a
               King
               that
               sought
               no
               greater
               Glory
               upon
               Earth
               ,
               but
               
               to
               be
               indulgent
               to
               his
               People
               ,
               and
               a
               Pious
               defender
               of
               the
               Church
               of
               England
               )
               no
               sooner
               took
               upon
               them
               the
               Soveraign
               Power
               ,
               then
               they
               Levyed
               Money
               upon
               the
               People
               at
               their
               own
               Discretion
               .
               Did
               any
               of
               their
               Subjects
               Dispute
               their
               Power
               ?
               Did
               they
               not
               send
               Souldiers
               over
               the
               Sea
               to
               Subdue
               Ireland
               ,
               and
               others
               to
               Fight
               against
               the
               Dutch
               at
               Sea
               ,
               or
               made
               they
               any
               doubt
               but
               to
               be
               obeyed
               in
               all
               that
               they
               Commanded
               ,
               as
               a
               Right
               absolutely
               due
               to
               the
               Soveraign
               Power
               in
               whomsoever
               it
               resides
               ?
               I
               say
               ,
               not
               this
               as
               allowing
               their
               Actions
               ,
               but
               as
               a
               Testimony
               from
               the
               Mouths
               of
               those
               very
               Men
               that
               denyed
               the
               same
               Power
               to
               him
               ,
               whom
               they
               acknowledged
               to
               have
               been
               their
               Soveraign
               immediately
               before
               ,
               which
               is
               a
               sufficient
               Proof
               ,
               that
               the
               People
               of
               England
               never
               doubted
               of
               the
               Kings
               Right
               to
               Levy
               Money
               for
               the
               Maintenance
               of
               his
               Armies
               ,
               till
               they
               were
               abused
               in
               it
               by
               Seditious
               Teachers
               ,
               and
               other
               prating
               Men
               ,
               on
               purpose
               to
               turn
               the
               State
               and
               Church
               into
               Popular
               Government
               ,
               where
               the
               most
               ignorant
               and
               boldest
               Talkers
               do
               commonly
               obtain
               the
               best
               preferments
               ;
               again
               ,
               when
               their
               New
               Republick
               returned
               into
               Monarchy
               by
               Oliver
               ,
               who
               durst
               deny
               him
               Money
               upon
               any
               pretence
               of
               
                 Magna
                 Charta
              
               ,
               or
               of
               these
               other
               Acts
               of
               Parliament
               which
               you
               have
               Cited
               ?
               You
               may
               therefore
               think
               it
               good
               Law
               ,
               for
               
               all
               your
               Books
               ;
               that
               the
               King
               of
               England
               may
               at
               all
               times
               ,
               that
               he
               thinks
               in
               his
               Conscience
               it
               will
               be
               necessar
               for
               the
               defence
               of
               his
               People
               ,
               Levy
               as
               many
               Souldiers
               ,
               and
               as
               much
               Money
               as
               he
               please
               ,
               and
               that
               himself
               is
               Judge
               of
               the
               Necessity
               .
            
          
           
             
               La.
               
            
             
               Is
               there
               no
               body
               harkning
               at
               the
               door
               ?
            
          
           
             
               Ph.
               
            
             
               What
               are
               you
               afraid
               of
               ?
            
          
           
             
               La.
               
            
             
               I
               mean
               to
               say
               the
               same
               that
               you
               say
               :
               but
               there
               be
               very
               many
               yet
               ,
               that
               hold
               their
               former
               Principles
               ,
               whom
               ,
               neither
               the
               Calamities
               of
               the
               Civil
               Wars
               ,
               nor
               their
               former
               Pardon
               have
               throughly
               cur'd
               of
               their
               Madness
               .
            
          
           
             
               Ph.
               
            
             
               The
               Common
               People
               never
               take
               notice
               of
               what
               they
               hear
               of
               this
               Nature
               ,
               but
               when
               they
               are
               set
               on
               by
               such
               as
               they
               think
               Wise
               ;
               that
               is
               ,
               by
               some
               sorts
               of
               Preachers
               ,
               or
               some
               that
               seem
               to
               be
               Learned
               in
               the
               Laws
               ,
               and
               withal
               speak
               evil
               of
               the
               Governors
               .
               But
               what
               if
               the
               King
               upon
               the
               sight
               ,
               or
               apprehension
               of
               any
               great
               danger
               to
               his
               People
               ;
               as
               when
               their
               Neighbours
               are
               born
               down
               with
               the
               Current
               of
               a
               Conquering
               Enemy
               ,
               should
               think
               his
               own
               People
               might
               be
               involved
               in
               the
               same
               Misery
               ,
               may
               he
               not
               Levy
               ,
               Pay
               ,
               and
               Transport
               Souldiers
               to
               help
               those
               weak
               Neighbours
               by
               way
               of
               prevention
               ,
               to
               save
               his
               own
               People
               and
               himself
               from
               Servitude
               ?
               Is
               that
               a
               sin
               ?
            
          
           
             
             
               La.
               
            
             
               First
               ,
               If
               the
               War
               upon
               our
               Neighbour
               be
               Just
               ,
               it
               may
               be
               question'd
               whether
               it
               be
               Equity
               or
               no
               to
               Assist
               them
               against
               the
               Right
               .
            
          
           
             
               Ph.
               
            
             
               For
               my
               part
               I
               make
               no
               Question
               of
               that
               at
               all
               ,
               unless
               the
               Invader
               will
               ,
               and
               can
               put
               me
               in
               security
               ,
               that
               neither
               he
               ,
               nor
               his
               Successors
               shall
               make
               any
               Advantage
               of
               the
               Conquest
               of
               my
               Neighbour
               ,
               to
               do
               the
               same
               to
               me
               in
               time
               to
               come
               ;
               but
               there
               is
               no
               Common
               Power
               to
               bind
               them
               to
               the
               Peace
               .
            
          
           
             
               La.
               
            
             
               Secondly
               ;
               when
               such
               a
               thing
               shall
               happen
               ,
               the
               Parliament
               will
               not
               refuse
               to
               Contribute
               freely
               to
               the
               safety
               of
               themselves
               ,
               and
               the
               whole
               Nation
               .
            
          
           
             
               Ph.
               
            
             
               It
               may
               be
               so
               ,
               and
               it
               may
               be
               not
               :
               For
               if
               a
               Parliament
               then
               sit
               not
               ,
               it
               must
               be
               called
               ;
               that
               requires
               6
               Weeks
               time
               ;
               Debating
               and
               Collecting
               what
               is
               given
               requires
               as
               much
               ,
               and
               in
               this
               time
               the
               Opportunity
               perhaps
               is
               lost
               .
               Besides
               ,
               how
               many
               wretched
               Souls
               have
               we
               heard
               to
               say
               in
               the
               late
               Troubles
               ;
               What
               matter
               is
               it
               who
               gets
               the
               Victory
               ?
               We
               can
               pay
               but
               what
               they
               please
               to
               Demand
               ,
               and
               so
               much
               we
               pay
               now
               :
               and
               this
               they
               will
               Murmur
               ,
               as
               they
               have
               ever
               done
               whosoever
               shall
               Raign
               over
               them
               ,
               as
               long
               as
               their
               Coveteousness
               and
               Ignorance
               hold
               together
               ,
               which
               will
               be
               till
               Dooms-day
               ,
               if
               better
               order
               be
               not
               taken
               for
               their
               
               struction
               in
               their
               Duty
               ,
               both
               from
               Reason
               and
               Religion
               .
            
          
           
             
               La.
               
            
             
               For
               all
               this
               I
               find
               it
               somewhat
               hard
               ,
               that
               a
               King
               should
               have
               Right
               to
               take
               from
               his
               Subjects
               ,
               upon
               the
               pretence
               of
               Necessity
               what
               he
               pleaseth
               .
            
          
           
             
               Ph.
               
            
             
               I
               know
               what
               it
               is
               that
               troubles
               your
               Conscience
               in
               this
               Point
               .
               All
               Men
               are
               troubled
               at
               the
               Crossing
               of
               their
               Wishes
               ;
               but
               it
               is
               our
               own
               fault
               .
               First
               ,
               we
               wish
               Impossibilities
               ;
               we
               would
               have
               our
               Security
               against
               all
               the
               World
               ,
               upon
               Right
               of
               Property
               ,
               without
               Paying
               for
               it
               :
               This
               is
               Impossible
               .
               We
               may
               as
               well
               Expect
               that
               Fish
               ,
               and
               Fowl
               should
               Boil
               ,
               Rost
               ,
               and
               Dish
               themselves
               ,
               and
               come
               to
               the
               Table
               ;
               and
               that
               Grapes
               should
               squeeze
               themselves
               into
               our
               Mouths
               ,
               and
               have
               all
               other
               the
               Contentments
               and
               ease
               which
               some
               pleasant
               Men
               have
               Related
               of
               the
               Land
               of
               Cocquam
               .
               Secondly
               ,
               There
               is
               no
               Nation
               in
               the
               World
               where
               he
               ,
               or
               they
               that
               have
               the
               Soveraignty
               do
               not
               take
               what
               Money
               they
               please
               ,
               for
               Defence
               of
               those
               respective
               Nations
               ,
               when
               they
               think
               it
               necessary
               for
               their
               safety
               .
               The
               late
               long
               Parliament
               denyed
               this
               ;
               but
               why
               ?
               Because
               there
               was
               a
               Design
               amongst
               them
               to
               Depose
               the
               King.
               Thirdly
               ,
               There
               is
               no
               Example
               of
               any
               King
               of
               England
               that
               I
               have
               Read
               of
               ,
               that
               ever
               pretended
               any
               such
               Necessity
               for
               Levying
               of
               Money
               ,
               against
               
               his
               Conscience
               .
               The
               greatest
               sounds
               that
               ever
               were
               Levyed
               (
               Comparing
               the
               value
               of
               Money
               ,
               as
               it
               was
               at
               that
               time
               ,
               with
               what
               now
               it
               is
               )
               were
               Levied
               by
               King
               
                 Edw.
                 3d.
              
               and
               King
               Henry
               the
               5th
               .
               Kings
               of
               whom
               we
               Glory
               now
               ,
               and
               think
               their
               Actions
               great
               Ornaments
               to
               the
               English
               History
               .
               Lastly
               ,
               As
               to
               the
               enriching
               of
               now
               and
               then
               a
               Favourite
               ,
               it
               is
               neither
               sensible
               to
               the
               Kingdom
               ,
               nor
               is
               any
               Treasure
               thereby
               Conveyed
               out
               of
               the
               Realm
               ,
               but
               so
               spent
               as
               it
               falls
               down
               again
               upon
               the
               Common
               People
               .
               To
               think
               that
               our
               Condition
               being
               Humane
               should
               be
               subject
               to
               no
               Incommodity
               ,
               were
               Injuriously
               to
               Quarrel
               with
               God
               Almighty
               for
               our
               own
               Faults
               ;
               for
               he
               hath
               done
               his
               part
               in
               annexing
               our
               own
               Industry
               and
               Obedience
               .
            
          
           
             
               La.
               
            
             
               I
               know
               not
               what
               to
               say
               .
            
          
           
             
               Ph.
               
            
             
               If
               you
               allow
               this
               that
               I
               have
               said
               ;
               then
               ,
               say
               that
               the
               People
               never
               were
               ,
               shall
               be
               ,
               or
               ought
               to
               be
               free
               from
               being
               Taxed
               at
               the
               will
               of
               one
               or
               other
               ;
               being
               hindred
               that
               if
               Civil
               War
               come
               ,
               they
               must
               Levy
               all
               they
               have
               ,
               and
               that
               Dearly
               ,
               from
               the
               one
               ,
               or
               from
               the
               other
               ,
               or
               from
               both
               sides
               .
               Say
               ,
               that
               adhering
               to
               the
               King
               ,
               their
               Victory
               is
               an
               end
               of
               their
               Trouble
               ;
               that
               adhering
               to
               his
               Enemies
               there
               is
               no
               end
               ;
               for
               the
               War
               will
               continue
               by
               a
               perpetual
               Subdivision
               ,
               and
               when
               it
               ends
               ,
               they
               will
               be
               in
               the
               same
               
               Estate
               they
               were
               before
               .
               That
               they
               are
               often
               Abused
               by
               Men
               who
               to
               them
               seem
               wise
               ,
               when
               then
               their
               Wisdom
               is
               nothing
               else
               but
               Envy
               to
               those
               that
               are
               in
               Grace
               ,
               and
               in
               profitable
               Employments
               ,
               and
               that
               those
               Men
               do
               but
               abuse
               the
               Common
               People
               to
               their
               own
               ends
               ,
               that
               set
               up
               a
               private
               Mans
               Propriety
               against
               the
               publick
               Safety
               .
               But
               say
               withal
               ,
               that
               the
               King
               is
               Subject
               to
               the
               Laws
               of
               God
               ,
               both
               Written
               ,
               and
               Unwritten
               ,
               and
               to
               no
               other
               ;
               and
               so
               was
               
                 William
                 the
                 Conqueror
              
               ,
               whose
               Right
               it
               all
               Descended
               to
               our
               present
               King.
               
            
          
           
             
               La.
               
            
             
               As
               to
               the
               Law
               of
               Reason
               ,
               which
               is
               Equity
               ,
               't
               is
               sure
               enough
               there
               is
               but
               one
               Legislator
               ,
               which
               is
               God.
               
            
          
           
             
               Ph.
               
            
             
               It
               followeth
               then
               that
               which
               you
               call
               the
               Common-Law
               ,
               Distinct
               from
               Statute-Law
               ,
               is
               nothing
               else
               but
               the
               Law
               of
               God.
               
            
          
           
             
               La.
               
            
             
               In
               some
               sense
               it
               is
               ,
               but
               it
               is
               not
               Gospel
               ,
               but
               Natural
               Reason
               ,
               and
               Natural
               Equity
               .
            
          
           
             
               Ph.
               
            
             
               Would
               you
               have
               every
               Man
               to
               every
               other
               Man
               alledge
               for
               Law
               his
               own
               particular
               Reason
               ?
               There
               is
               not
               amongst
               Men
               an
               Universal
               Reason
               agreed
               upon
               in
               any
               Nation
               ,
               besides
               the
               Reason
               of
               him
               that
               hath
               the
               Soveraign
               Power
               ;
               yet
               though
               his
               Reason
               be
               but
               the
               Reason
               of
               one
               Man
               ,
               yet
               it
               is
               set
               up
               to
               supply
               the
               place
               of
               that
               
               Universal
               Reason
               ,
               which
               is
               expounded
               to
               us
               by
               our
               Saviour
               in
               the
               Gospel
               ,
               and
               consequently
               our
               King
               is
               to
               us
               the
               Legislator
               both
               of
               Statute-Law
               ,
               and
               of
               Common-Law
               .
            
          
           
             
               La.
               
            
             
               Yes
               ,
               I
               know
               that
               the
               Laws
               Spiritual
               ,
               which
               have
               been
               Law
               in
               this
               Kingdom
               since
               the
               Abolishing
               of
               Popery
               ,
               are
               the
               Kings
               Laws
               ,
               and
               those
               also
               that
               were
               made
               before
               ;
               for
               the
               Canons
               of
               the
               Church
               of
               Rome
               were
               no
               Laws
               ,
               neither
               here
               ,
               nor
               any
               where
               else
               without
               the
               Popes
               Temporal
               Dominions
               ,
               farther
               than
               Kings
               ,
               and
               States
               in
               their
               several
               Dominions
               respectively
               did
               make
               them
               so
               .
            
          
           
             
               Ph.
               
            
             
               I
               grant
               that
               .
               But
               you
               must
               grant
               also
               ,
               that
               those
               Spiritual
               Laws
               Legislators
               of
               the
               Spiritual
               Law
               ;
               and
               yet
               not
               all
               Kings
               ,
               and
               States
               make
               Laws
               by
               Consent
               of
               the
               Lords
               and
               Commons
               ;
               but
               our
               King
               here
               is
               so
               far
               bound
               to
               their
               Assents
               ,
               as
               he
               shall
               Judge
               Conducing
               to
               the
               Good
               ,
               and
               safety
               of
               his
               People
               ;
               for
               Example
               ,
               if
               the
               Lords
               and
               Commons
               should
               Advise
               him
               to
               restore
               those
               Laws
               Spiritual
               ,
               which
               in
               Queen
               Maries
               time
               were
               in
               Force
               ,
               I
               think
               the
               King
               were
               by
               the
               Law
               of
               Reason
               obliged
               ,
               without
               the
               help
               of
               any
               other
               Law
               of
               God
               ,
               to
               neglect
               such
               Advice
               .
            
          
           
             
               La.
               
            
             
               I
               Grant
               you
               that
               the
               King
               is
               sole
               Legislator
               ,
               but
               with
               this
               Restriction
               ,
               that
               if
               
               he
               will
               not
               Consult
               with
               the
               Lords
               of
               Parliament
               and
               hear
               the
               Complaints
               ,
               and
               Informations
               of
               the
               Commons
               ,
               that
               are
               best
               acquainted
               with
               their
               own
               wants
               ,
               he
               sinneth
               against
               God
               ,
               though
               he
               cannot
               be
               Compell'd
               to
               any
               thing
               by
               his
               Subjects
               by
               Arms
               ,
               and
               Force
               .
            
          
           
             
               Ph.
               
            
             
               We
               are
               Agreed
               upon
               that
               already
               ,
               since
               therefore
               the
               King
               is
               sole
               Legislator
               ,
               I
               think
               it
               also
               Reason
               he
               should
               be
               sole
               Supream
               Judge
               .
            
          
           
             
               La.
               
            
             
               There
               is
               no
               doubt
               of
               that
               ;
               for
               otherwise
               there
               would
               be
               no
               Congruity
               of
               Judgments
               with
               the
               Laws
               .
               I
               Grant
               also
               that
               he
               is
               the
               Supream
               Judge
               over
               all
               Persons
               ,
               
               and
               in
               all
               Causes
               Civil
               ,
               and
               Ecclesiastical
               within
               his
               own
               Dominions
               ,
               not
               only
               by
               Act
               of
               Parliament
               at
               this
               time
               ,
               but
               that
               he
               has
               ever
               been
               so
               by
               the
               Common-Law
               :
               For
               the
               Judges
               of
               both
               the
               Benches
               have
               their
               Offices
               by
               the
               Kings
               Letters
               Patents
               ,
               and
               so
               (
               as
               to
               Judicature
               )
               have
               the
               Bishops
               .
               Also
               the
               Lord
               Chancellour
               hath
               his
               Office
               by
               receiving
               from
               the
               King
               the
               Great
               Seal
               of
               England
               ;
               and
               to
               say
               all
               at
               once
               ,
               there
               is
               no
               Magistrate
               ,
               or
               Commissioner
               for
               Publick
               Business
               ,
               neither
               of
               Judicature
               ,
               nor
               Execution
               in
               State
               ,
               or
               Church
               ,
               in
               Peace
               ,
               or
               War
               ,
               but
               he
               is
               made
               so
               by
               Authority
               from
               the
               King.
               
            
          
           
             
             
               Ph.
               
            
             
               'T
               is
               true
               ;
               But
               perhaps
               you
               may
               ●●ink
               otherwise
               ,
               when
               you
               Read
               such
               Acts
               of
               Parliament
               ,
               as
               say
               ,
               that
               the
               King
               shall
               ●ave
               Power
               and
               Authority
               to
               do
               this
               ,
               or
               that
               by
               Virtue
               of
               that
               Act
               ,
               as
               
                 Eliz.
                 c.
              
               1.
               
               That
               your
               Highness
               ,
               your
               Heirs
               ,
               and
               Successors
               ,
               Kings
               ,
               or
               Queens
               of
               this
               Realm
               shall
               have
               ●●ll
               Power
               and
               Authority
               ,
               by
               Virtue
               of
               this
               Act
               ,
               by
               Letters
               Patents
               under
               the
               Great
               Seal
               of
               England
               to
               Assign
               ,
               &c.
               
               Was
               it
               not
               this
               Parliament
               that
               gave
               this
               Authority
               to
               the
               Queen
               ?
            
          
           
             
               La.
               
            
             
               For
               the
               Statute
               in
               this
               Clause
               is
               no
               more
               than
               (
               as
               Sir
               
                 Edw.
                 Coke
              
               useth
               to
               speak
               )
               an
               Affirmance
               of
               the
               Common-Law
               ;
               For
               she
               being
               Head
               of
               the
               Church
               of
               England
               might
               make
               Commissioners
               for
               the
               de●iding
               of
               Matters
               Ecclesiastical
               ,
               as
               freely
               ●s
               if
               she
               had
               been
               Pope
               ,
               who
               did
               you
               know
               pretend
               his
               Right
               from
               the
               Law
               of
               God.
               
            
          
           
             
               Ph.
               
            
             
               We
               have
               hitherto
               spoken
               of
               Laws
               without
               considering
               any
               thing
               of
               the
               Na●ure
               and
               Essence
               of
               a
               Law
               ;
               and
               now
               unless
               we
               define
               the
               word
               Law
               ,
               we
               can
               go
               no
               ●arther
               without
               Ambiguity
               ,
               and
               Fallacy
               ,
               which
               will
               be
               but
               loss
               of
               time
               ;
               whereas
               ,
               on
               the
               contrary
               ,
               the
               Agreement
               upon
               our
               words
               will
               enlighten
               all
               we
               have
               to
               say
               ●hereafter
               .
            
          
           
             
               La.
               
            
             
               I
               do
               not
               remember
               the
               Definition
               of
               Law
               in
               any
               Statute
               .
            
          
           
             
             
               Ph.
               
            
             
               I
               think
               so
               :
               For
               the
               Statutes
               were
               made
               by
               Authority
               ,
               and
               not
               drawn
               from
               any
               other
               Principles
               than
               the
               care
               of
               the
               safety
               of
               the
               People
               .
               Statutes
               are
               not
               Philosophy
               as
               is
               the
               Common-Law
               ,
               and
               other
               disputable
               Arts
               ,
               but
               are
               Commands
               ,
               or
               Prohibitions
               which
               ought
               to
               be
               obeyed
               ,
               because
               Assented
               to
               by
               Submission
               made
               to
               the
               Conqueror
               here
               in
               England
               ,
               and
               to
               whosoever
               had
               the
               Soveraign
               Power
               in
               other
               Common
               wealths
               ;
               so
               that
               the
               Positive
               Laws
               of
               all
               Places
               are
               Statutes
               .
               The
               Definition
               of
               Law
               was
               therefore
               unnecessary
               for
               the
               makers
               of
               Statutes
               ,
               though
               very
               necessary
               to
               them
               ,
               whose
               work
               it
               is
               to
               Teach
               the
               sence
               of
               the
               Law.
               
            
          
           
             
               La.
               
            
             
               There
               is
               an
               Accurate
               Definition
               of
               a
               Law
               in
               Bracton
               ,
               Cited
               by
               Sir
               
                 Edw.
                 Coke
                 (
                 )
                 Lex
                 est
                 sanctio
                 justa
                 ,
                 jubens
                 honesta
                 ,
                 &
                 prohibens
                 contraria
                 .
              
            
          
           
             
               Ph.
               
            
             
               That
               is
               to
               say
               ,
               Law
               is
               a
               just
               Statute
               ,
               Commanding
               those
               things
               which
               are
               honest
               ,
               and
               Forbidding
               the
               contrary
               .
               From
               whence
               it
               followeth
               ,
               that
               in
               all
               Cases
               it
               must
               be
               the
               Honesty
               ,
               or
               Dishonesty
               that
               makes
               the
               Command
               a
               Law
               ,
               whereas
               you
               know
               that
               but
               for
               the
               Law
               we
               could
               not
               (
               as
               saith
               St.
               Paul
               )
               have
               known
               what
               is
               sin
               ;
               therefore
               this
               Definition
               is
               no
               Ground
               at
               all
               for
               any
               farther
               Discourse
               of
               Law.
               Besides
               ,
               you
               know
               the
               Rule
               of
               Honest
               ,
               and
               
               Dishonest
               refers
               to
               Honour
               ,
               and
               that
               it
               is
               Justice
               only
               ,
               and
               Injustice
               that
               the
               Law
               respecteth
               .
               But
               that
               which
               I
               most
               except
               against
               in
               this
               Definition
               ,
               is
               ,
               that
               it
               supposes
               that
               a
               Statute
               made
               by
               the
               Soveraign
               Power
               of
               a
               Nation
               may
               be
               unjust
               .
               There
               may
               indeed
               in
               a
               Statute
               Law
               ,
               made
               by
               Men
               be
               found
               Iniquity
               ,
               but
               not
               Injustice
               .
            
          
           
             
               La.
               
            
             
               This
               is
               somewhat
               subtil
               ;
               I
               pray
               deal
               plainly
               ,
               what
               is
               the
               difference
               between
               Injustice
               and
               Iniquity
               ?
            
          
           
             
               Ph.
               
            
             
               I
               pray
               you
               tell
               me
               first
               ,
               what
               is
               the
               difference
               between
               a
               Court
               of
               Justice
               ,
               and
               a
               Court
               of
               Equity
               ?
            
          
           
             
               La.
               
            
             
               A
               Court
               of
               Justice
               is
               that
               which
               hath
               Cognizance
               of
               such
               Causes
               as
               are
               to
               be
               ended
               by
               the
               Possitive
               Laws
               of
               the
               Land
               ;
               and
               a
               Court
               of
               Equity
               in
               that
               ,
               to
               which
               belong
               such
               Causes
               as
               are
               to
               be
               determined
               by
               Equity
               ;
               that
               is
               to
               say
               ,
               by
               the
               Law
               of
               Reason
               .
            
          
           
             
               Ph.
               
            
             
               You
               see
               then
               that
               the
               difference
               between
               Injustice
               ,
               and
               Iniquity
               is
               this
               ;
               that
               Injustice
               is
               the
               Transgression
               of
               a
               Statute-Law
               ,
               and
               Iniquity
               the
               Transgression
               of
               the
               Law
               of
               Reason
               ,
               was
               nothing
               else
               but
               the
               Law
               of
               Reason
               ,
               and
               that
               the
               Judges
               of
               that
               Law
               are
               Courts
               of
               Justice
               ,
               because
               the
               breach
               of
               the
               Statute-Law
               is
               Iniquity
               ,
               and
               Injustice
               also
               .
               But
               perhaps
               you
               mean
               by
               Common-Law
               ,
               not
               the
               Law
               it self
               ,
               
               but
               the
               manner
               of
               proceeding
               in
               the
               Law
               (
               as
               to
               matter
               of
               Fact
               )
               by
               12
               Men
               ,
               Freeholders
               ,
               though
               those
               12
               Men
               are
               no
               Court
               of
               Equity
               ,
               nor
               of
               Justice
               ,
               because
               they
               determine
               not
               what
               is
               Just
               or
               Unjust
               ,
               but
               only
               whether
               it
               be
               done
               ,
               or
               not
               done
               ;
               and
               their
               Judgment
               is
               nothing
               else
               but
               a
               Confirmation
               of
               that
               which
               is
               properly
               the
               Judgment
               of
               the
               Witnesses
               ;
               for
               to
               speak
               exactly
               there
               cannot
               possibly
               be
               any
               Judge
               of
               Fact
               besides
               the
               Witnesses
               .
            
          
           
             
               La.
               
            
             
               How
               would
               you
               have
               a
               Law
               def●n'd
               ?
            
          
           
             
               Ph.
               
            
             
               Thus
               ;
               A
               Law
               is
               the
               Command
               of
               him
               ,
               or
               them
               that
               have
               the
               Soveraign
               Power
               ,
               given
               to
               those
               that
               be
               his
               or
               their
               Subjects
               ,
               declaring
               Publickly
               ,
               and
               plainly
               what
               every
               of
               them
               may
               do
               ,
               and
               what
               they
               must
               forbear
               to
               do
               .
            
          
           
             
               La.
               
            
             
               Seeing
               all
               Judges
               in
               all
               Courts
               ought
               to
               Judge
               according
               to
               Equity
               ,
               which
               is
               the
               Law
               of
               Reason
               ,
               a
               distinct
               Court
               of
               Equity
               seemeth
               to
               me
               to
               be
               unnecessary
               ,
               and
               but
               a
               Burthen
               to
               the
               People
               ,
               since
               Common-Law
               ,
               and
               Equity
               are
               the
               same
               Law.
               
            
          
           
             
               Ph.
               
            
             
               It
               were
               so
               indeed
               ;
               If
               Judges
               could
               not
               err
               ,
               but
               since
               they
               may
               err
               ,
               and
               that
               the
               King
               is
               not
               Bound
               to
               any
               other
               Law
               but
               that
               of
               Equity
               ,
               it
               belongs
               to
               him
               alone
               to
               give
               Remedy
               to
               them
               that
               by
               the
               Ignorance
               ,
               or
               Corruption
               of
               a
               Judge
               shall
               suffer
               dammage
               .
            
          
           
             
             
               La.
               
            
             
               By
               your
               Definition
               of
               a
               Law
               ,
               the
               Kings
               Proclamation
               under
               the
               Great
               Seal
               of
               England
               is
               a
               Law
               ;
               for
               it
               is
               a
               Command
               ,
               and
               Publick
               ,
               and
               of
               the
               Soveraign
               to
               his
               Subjects
               .
            
          
           
             
               Ph.
               
            
             
               Why
               not
               ?
               If
               he
               think
               it
               necessary
               for
               the
               good
               of
               his
               Subjects
               :
               For
               this
               is
               a
               Maxim
               at
               the
               Common-Law
               Alledged
               by
               Sir
               
                 Edward
                 Coke
              
               himself
               .
               1
               
                 Inst.
                 Sect.
                 306.
                 
                 Quando
                 Lex
                 aliquid
                 concedit
                 ,
                 concedere
                 videtur
                 &
                 id
                 per
                 quod
                 devenitur
                 ad
                 illud
                 .
              
               And
               you
               know
               out
               of
               the
               same
               Author
               ,
               that
               divers
               Kings
               of
               ●ngland
               have
               often
               ,
               to
               the
               Petitions
               in
               Parliament
               which
               they
               granted
               ,
               annexed
               such
               exceptions
               as
               these
               ,
               unless
               there
               be
               necessity
               ,
               saving
               our
               Regality
               ;
               which
               I
               think
               should
               be
               always
               understood
               ,
               though
               they
               be
               not
               expressed
               ;
               and
               are
               understood
               so
               by
               Common
               Lawyers
               ,
               who
               agree
               that
               the
               King
               may
               recall
               any
               Grant
               wherein
               he
               was
               deceiv'd
               .
            
          
           
             
               La.
               
            
             
               Again
               ,
               whereas
               you
               make
               it
               of
               the
               Essence
               of
               a
               Law
               to
               be
               Publickly
               and
               plainly
               declar'd
               to
               the
               People
               ,
               I
               see
               no
               necessity
               for
               that
               .
               Are
               not
               all
               Subjects
               Bound
               to
               take
               notice
               of
               all
               Acts
               of
               Parliament
               ,
               when
               no
               Act
               can
               pass
               without
               their
               Consent
               ?
            
          
           
             
               Ph.
               
            
             
               If
               you
               had
               said
               that
               no
               Act
               could
               pass
               without
               their
               knowledge
               ,
               then
               indeed
               they
               had
               been
               bound
               to
               take
               notice
               of
               them
               ;
               but
               none
               can
               have
               knowledge
               of
               them
               but
               
               the
               Members
               of
               the
               Houses
               of
               Parliament
               ,
               therefore
               the
               rest
               of
               the
               People
               are
               excus'd
               ;
               or
               else
               the
               Knights
               of
               the
               Shires
               should
               be
               bound
               to
               furnish
               People
               with
               a
               sufficient
               Number
               of
               Copies
               (
               at
               the
               Peoples
               Charge
               )
               of
               the
               Acts
               of
               Parliament
               at
               their
               return
               into
               the
               Country
               ;
               that
               every
               man
               may
               resort
               to
               them
               ,
               and
               by
               themselves
               ,
               or
               Friends
               take
               notice
               of
               what
               they
               are
               obliged
               to
               ;
               for
               otherwise
               it
               were
               Impossible
               they
               should
               be
               obeyed
               :
               And
               that
               no
               Man
               is
               bound
               to
               do
               a
               thing
               Impossible
               is
               one
               of
               Sir
               
                 Edw.
                 Cokes
              
               Maxims
               at
               the
               Common-Law
               .
               I
               know
               that
               most
               of
               the
               Statutes
               are
               Printed
               ,
               but
               it
               does
               not
               appear
               that
               every
               Man
               is
               bound
               to
               Buy
               the
               Book
               of
               Statutes
               ,
               nor
               to
               search
               for
               them
               at
               Westminster
               or
               at
               the
               Tower
               ,
               nor
               to
               understand
               the
               Language
               wherein
               they
               are
               for
               the
               most
               part
               Written
               .
            
          
           
             
               La.
               
            
             
               I
               grant
               it
               proceeds
               from
               their
               own
               Faults
               ;
               but
               no
               Man
               can
               be
               excused
               by
               the
               Ignorance
               of
               the
               Law
               of
               Reason
               ;
               that
               is
               to
               say
               ,
               by
               Ignorance
               of
               the
               Common-Law
               ,
               except
               Children
               ,
               Mad-men
               ,
               and
               Idiots
               :
               But
               you
               exact
               such
               a
               notice
               of
               the
               Statute-Law
               ,
               as
               is
               almost
               Impossible
               .
               Is
               it
               not
               enough
               that
               they
               in
               all
               Places
               have
               a
               sufficient
               Number
               of
               the
               Poenal
               Statutes
               ?
            
          
           
             
               Ph.
               
            
             
               Yes
               ;
               If
               they
               have
               those
               Poenal
               Statutes
               near
               them
               ,
               but
               what
               Reason
               can
               you
               give
               me
               why
               there
               should
               not
               be
               as
               many
               
               Copies
               abroad
               of
               the
               Statutes
               ,
               as
               there
               be
               of
               the
               Bible
               ?
            
          
           
             
               La.
               
            
             
               I
               think
               it
               were
               well
               that
               every
               Man
               that
               can
               Read
               had
               a
               Statute-Book
               ;
               for
               certainly
               no
               knowledge
               of
               those
               Laws
               ,
               by
               which
               Mens
               Lives
               and
               Fortunes
               can
               be
               brought
               into
               danger
               ,
               can
               be
               too
               much
               .
               I
               find
               a
               great
               Fault
               in
               your
               Definition
               of
               Law
               ;
               which
               is
               ,
               that
               every
               Law
               either
               forbiddeth
               or
               Commandeth
               something
               .
               'T
               is
               true
               that
               the
               Moral-Law
               is
               always
               a
               Command
               or
               a
               Prohibition
               ,
               or
               at
               least
               Implieth
               it
               ;
               but
               in
               the
               Levitical-Law
               ,
               where
               it
               is
               said
               ;
               that
               he
               that
               Stealeth
               a
               Sheep
               shall
               Restore
               four
               Fold
               ;
               what
               Command
               ,
               or
               Prohibition
               lyeth
               in
               these
               words
               ?
            
          
           
             
               Ph.
               
            
             
               Such
               Sentences
               as
               that
               are
               not
               in
               themselves
               General
               ,
               but
               Judgments
               ,
               nevertheless
               ,
               there
               is
               in
               those
               words
               Implied
               a
               Commandment
               to
               the
               Judge
               ,
               to
               cause
               to
               be
               made
               a
               Four-fold
               Restitution
               .
            
          
           
             
               La.
               
            
             
               That
               's
               Right
               .
            
          
           
             
               Ph.
               
            
             
               Now
               Define
               what
               Justice
               is
               ,
               and
               what
               Actions
               ,
               and
               Men
               are
               to
               be
               called
               Just.
               
            
          
           
             
               La.
               
            
             
               Justice
               is
               the
               constant
               will
               of
               giving
               to
               every
               Man
               his
               own
               ;
               that
               is
               to
               say
               ,
               of
               giving
               to
               every
               Man
               that
               which
               is
               his
               Right
               ,
               in
               such
               manner
               as
               to
               Exclude
               the
               Right
               of
               all
               men
               else
               to
               the
               same
               thing
               .
               A
               Just
               Action
               is
               that
               which
               is
               not
               against
               the
               Law.
               
               A
               Just
               Man
               is
               he
               that
               hath
               a
               constant
               Will
               to
               live
               Justly
               ;
               if
               you
               require
               more
               ,
               I
               doubt
               there
               will
               no
               Man
               living
               be
               Comprehended
               within
               the
               Definition
               .
            
          
           
             
               Ph.
               
            
             
               Seeing
               then
               that
               a
               Just
               Action
               (
               according
               to
               your
               Definition
               )
               is
               that
               which
               is
               not
               against
               the
               Law
               ;
               it
               is
               Manifest
               that
               before
               there
               was
               a
               Law
               ,
               there
               could
               be
               no
               Injustice
               ,
               and
               therefore
               Laws
               are
               in
               their
               Nature
               Antecedent
               to
               Justice
               and
               Injustice
               ,
               and
               you
               cannot
               deny
               but
               there
               must
               be
               Law-makers
               ,
               before
               there
               was
               any
               Laws
               ,
               and
               Consequently
               before
               there
               was
               any
               Justice
               ,
               I
               speak
               of
               Humane
               Justice
               ;
               and
               that
               Law-makers
               were
               before
               that
               which
               you
               call
               Own
               ,
               or
               property
               of
               Goods
               ,
               or
               Lands
               distinguished
               by
               
                 Meum
                 ,
                 Tuum
                 ,
                 Alienum
              
               .
            
          
           
             
               La.
               
            
             
               That
               must
               be
               Granted
               ;
               for
               without
               Statute-Laws
               ,
               all
               Men
               have
               Right
               to
               all
               things
               ;
               and
               we
               have
               had
               Experience
               when
               our
               Laws
               were
               silenced
               by
               Civil
               War
               ,
               there
               was
               not
               a
               Man
               ,
               that
               of
               any
               Goods
               could
               say
               assuredly
               they
               were
               his
               own
               .
            
          
           
             
               Ph.
               
            
             
               You
               see
               then
               that
               no
               private
               Man
               can
               claim
               a
               Propriety
               in
               any
               Lands
               ,
               or
               other
               Goods
               from
               any
               Title
               ,
               from
               any
               Man
               ,
               but
               the
               King
               ,
               or
               them
               that
               have
               the
               Soveraign
               Power
               ;
               because
               it
               is
               in
               virtue
               of
               the
               Soveraignty
               ,
               that
               every
               Man
               may
               not
               enter
               
               into
               ,
               and
               Possess
               what
               he
               pleaseth
               ;
               and
               consequently
               to
               deny
               the
               Soveraign
               any
               thing
               necessary
               to
               the
               sustaining
               of
               his
               Soveraign
               power
               ,
               is
               to
               destroy
               the
               Propriety
               he
               pretends
               to
               .
               The
               next
               thing
               I
               will
               ask
               you
               is
               ,
               how
               you
               distinguish
               between
               Law
               and
               Right
               ,
               or
               Lex
               and
               Jus.
               
            
          
           
             
               La.
               
            
             
               Sir
               
                 Ed.
                 Coke
              
               in
               divers
               places
               makes
               Lex
               and
               Jus
               to
               be
               the
               same
               ,
               and
               so
               
                 Lex
                 Communis
              
               ,
               and
               
                 Jus
                 Communis
              
               to
               be
               all
               one
               ;
               nor
               do
               I
               find
               that
               he
               does
               in
               any
               places
               distinguish
               them
               .
            
          
           
             
               Ph.
               
            
             
               Then
               will
               I
               distinguish
               them
               ,
               and
               make
               you
               judge
               whether
               my
               distinction
               be
               not
               necessary
               to
               be
               known
               by
               every
               Author
               of
               the
               Common
               Law
               :
               for
               Law
               obligeth
               me
               to
               do
               ,
               or
               forbear
               the
               doing
               of
               something
               ;
               and
               therefore
               it
               lies
               upon
               me
               an
               Obligation
               ;
               but
               my
               Right
               is
               a
               Liberty
               left
               me
               by
               the
               Law
               to
               do
               any
               thing
               which
               the
               Law
               forbids
               me
               not
               ,
               and
               to
               leave
               undone
               any
               thing
               which
               the
               Law
               commands
               me
               not
               .
               Did
               Sir
               
                 Ed.
                 Coke
              
               see
               no
               difference
               between
               being
               bound
               and
               being
               free
               ?
            
          
           
             
               La.
               
            
             
               I
               know
               not
               what
               he
               was
               ,
               but
               he
               has
               not
               mention'd
               it
               ,
               though
               a
               man
               may
               dispense
               with
               his
               own
               Liberty
               ,
               that
               cannot
               do
               so
               with
               the
               Law.
               
            
          
           
             
               Ph.
               
            
             
               But
               what
               are
               you
               better
               for
               your
               Right
               ,
               if
               a
               rebellious
               Company
               at
               home
               ,
               or
               an
               Enemy
               from
               abroad
               take
               away
               the
               Goods
               ,
               
               or
               dispossess
               you
               of
               the
               Lands
               you
               have
               a
               right
               to
               ?
               Can
               you
               be
               defended
               ,
               or
               repair'd
               ,
               but
               by
               the
               strength
               and
               authority
               of
               the
               King
               ?
               What
               reason
               therefore
               can
               be
               given
               by
               a
               man
               that
               endeavours
               to
               preserve
               his
               Propriety
               ,
               why
               he
               should
               deny
               ,
               or
               malignly
               contribute
               to
               the
               Strength
               that
               should
               defend
               him
               ,
               or
               repair
               him
               ?
               Let
               us
               see
               now
               what
               your
               Books
               say
               to
               this
               point
               ,
               and
               other
               points
               of
               the
               Right
               of
               Soveraignty
               .
               Bracton
               ,
               the
               most
               authentick
               Author
               of
               the
               Common
               Law
               ,
               fol.
               55.
               saith
               thus
               :
               
                 Ipse
                 Dominus
                 Rex
                 habet
                 omnia
                 Jura
                 in
                 manu
                 suâ
                 ,
                 est
                 Dei
                 Vicarius
                 ;
                 habet
                 ea
                 quae
                 sunt
                 Pacis
                 ,
                 habet
                 etiam
                 coercionem
                 ut
                 Delinquentes
                 puniat
                 ;
                 habet
                 in
                 potestate
                 suâ
                 Leges
                 ;
                 nihil
                 enim
                 prodest
                 Jura
                 condere
                 ,
                 nisi
                 sit
                 qui
                 Jura
                 tueatur
                 .
              
               That
               is
               to
               say
               ,
               our
               Lord
               the
               King
               hath
               all
               Right
               in
               his
               own
               Hands
               ;
               is
               Gods
               Vicar
               ;
               he
               has
               all
               that
               concerns
               the
               Peace
               ;
               he
               has
               the
               power
               to
               punish
               Delinquents
               ;
               all
               the
               Laws
               are
               in
               his
               power
               ;
               To
               make
               Laws
               is
               to
               no
               purpose
               ,
               unless
               there
               be
               some-body
               to
               make
               them
               obeyed
               .
               If
               Bracton's
               Law
               be
               Reason
               ,
               as
               I
               ,
               and
               you
               think
               it
               is
               ;
               what
               temporal
               power
               is
               there
               which
               the
               King
               hath
               not
               ?
               Seeing
               that
               at
               this
               day
               all
               the
               power
               Spiritual
               which
               Bracton
               allows
               the
               Pope
               ,
               is
               restored
               to
               the
               Crown
               ;
               what
               is
               there
               that
               the
               King
               cannot
               do
               ,
               excepting
               sin
               against
               the
               Law
               of
               God
               ?
               The
               same
               
                 Bracton
                 Lib.
                 21.
                 
                 c.
              
               8.
               saith
               thus
               ;
               
                 Si
                 autem
                 a
                 Rege
                 petitur
                 (
                 cum
                 Breve
                 non
                 curret
                 contra
                 ipsum
                 )
                 locus
                 erit
                 supplicationi
                 ,
                 quod
                 factum
                 suum
                 corrigat
                 ,
                 &
                 emendet
                 ;
                 quod
                 quidem
                 si
                 non
                 fecerit
                 ,
                 satis
                 sufficit
                 ad
                 poenam
                 ,
                 quod
                 Dominum
                 expectet
                 Vltorem
                 ;
                 nemo
                 quidem
                 de
                 factis
                 ejus
                 praesumat
                 disputare
                 ,
                 multo
                 fortius
                 contra
                 factum
                 ejus
                 venire
                 :
              
               That
               is
               to
               say
               ,
               if
               any
               thing
               be
               demanded
               of
               the
               King
               (
               seeing
               a
               Writ
               lyeth
               not
               against
               him
               )
               he
               is
               put
               to
               his
               Petition
               ,
               praying
               him
               to
               Correct
               and
               Amend
               his
               own
               Fact
               ;
               which
               if
               he
               will
               not
               do
               ,
               it
               is
               a
               sufficient
               Penalty
               for
               him
               ,
               that
               he
               is
               to
               expect
               a
               punishment
               from
               the
               Lord
               :
               No
               Man
               may
               presume
               to
               dispute
               of
               what
               he
               does
               ,
               much
               less
               to
               resist
               him
               .
               You
               see
               by
               this
               ,
               that
               this
               Doctrine
               concerning
               the
               Rights
               of
               Soveraignty
               so
               much
               Cryed
               down
               by
               the
               long
               Parliament
               ,
               is
               the
               Antient
               Common-Law
               ,
               and
               that
               the
               only
               Bridle
               of
               the
               Kings
               of
               England
               ,
               ought
               to
               be
               the
               fear
               of
               God.
               And
               again
               
                 Bracton
                 ,
                 c.
              
               24.
               of
               the
               second
               Book
               sayes
               ,
               That
               the
               Rights
               of
               the
               Crown
               cannot
               be
               granted
               away
               ;
               
                 Ea
                 vero
                 quae
                 Jurisdictionis
                 &
                 Pacis
                 ,
                 &
                 ea
                 quae
                 sunt
                 Justitiae
                 &
                 Paci
                 annexa
                 ,
                 ad
                 nullum
                 pertinent
                 ,
                 nisi
                 ad
                 Coronam
                 &
                 Dignitatem
                 Regiam
                 ,
                 nec
                 a
                 Corona
                 separari
                 possunt
                 ,
                 nec
                 a
                 privata
                 persona
                 possideri
                 .
              
               That
               is
               to
               say
               ,
               those
               things
               which
               belong
               to
               Jurisdiction
               and
               Peace
               ,
               and
               those
               things
               that
               are
               annexed
               to
               Justice
               ,
               and
               
               Peace
               ,
               appertain
               to
               none
               ,
               but
               to
               the
               Crown
               and
               Dignity
               of
               the
               King
               ,
               nor
               can
               be
               separated
               from
               the
               Crown
               ,
               nor
               be
               possest
               by
               a
               private
               Person
               .
               Again
               you
               'l
               find
               in
               Fleta
               (
               a
               Law-Book
               written
               in
               the
               time
               of
               Edw.
               2.
               )
               That
               Liberties
               though
               granted
               by
               the
               King
               ,
               if
               they
               tend
               to
               the
               hinderance
               of
               Justice
               ,
               or
               subversion
               of
               the
               Regal
               Power
               ,
               were
               not
               to
               be
               used
               ,
               nor
               allowed
               :
               For
               in
               that
               Book
               c.
               20.
               concerning
               Articles
               of
               the
               Crown
               ,
               which
               the
               Justices
               Itinerant
               are
               to
               enquire
               of
               ,
               the
               54th
               Article
               is
               this
               ,
               you
               shall
               inquire
               
                 De
                 Libertatibus
                 concessis
                 quae
                 impediunt
                 Communem
                 J●stitiam
                 ,
                 &
                 Regiam
                 Potestatem
                 subvertunt
                 .
              
               Now
               what
               is
               a
               greater
               hindrance
               to
               Common
               Justice
               ,
               or
               a
               greater
               subversion
               of
               the
               Regal
               Power
               ,
               than
               a
               Liberty
               in
               Subjects
               to
               hinder
               the
               King
               from
               raising
               Money
               necessary
               to
               suppress
               ,
               or
               prevent
               Rebellions
               ,
               which
               doth
               destroy
               Justice
               ,
               and
               subvert
               the
               power
               of
               the
               Soveraignty
               ?
               Moreover
               when
               a
               Charter
               is
               granted
               by
               a
               King
               in
               these
               words
               ,
               
                 Dedita
                 &
                 coram
                 pro
                 me
                 &
                 Haeredibus
                 meis
                 .
              
               The
               grantor
               by
               the
               Common-Law
               (
               as
               Sir
               
                 Edw.
                 Coke
              
               sayes
               in
               his
               Commentaries
               on
               Littleton
               )
               is
               to
               warrant
               his
               Gift
               ;
               and
               I
               think
               it
               Reason
               ,
               especially
               if
               the
               Gift
               be
               upon
               Consideration
               of
               a
               price
               Paid
               .
               Suppose
               a
               Forraign
               State
               should
               say
               claim
               to
               this
               Kingdom
               (
               't
               is
               no
               Matter
               as
               to
               the
               Question
               
               I
               am
               putting
               ,
               whether
               the
               Claim
               be
               unjust
               )
               how
               would
               you
               have
               the
               King
               to
               warrant
               to
               every
               Free-holder
               in
               England
               the
               Lands
               they
               hold
               of
               him
               by
               such
               a
               Charter
               ?
               If
               he
               cannot
               Levy
               Money
               ,
               their
               Estates
               are
               lost
               ,
               and
               so
               is
               the
               Kings
               Estate
               ,
               and
               if
               the
               Kings
               Estate
               be
               gone
               ,
               how
               can
               he
               repair
               the
               Value
               due
               upon
               the
               Warranty
               ?
               I
               know
               that
               the
               Kings
               Charters
               are
               not
               so
               meerly
               Grants
               ,
               as
               that
               they
               are
               not
               also
               Laws
               ;
               but
               they
               are
               such
               Laws
               as
               speak
               not
               to
               all
               the
               Kings
               Subjects
               in
               general
               ,
               but
               only
               to
               his
               Officers
               ;
               implicitly
               forbidding
               them
               to
               Judge
               ,
               or
               Execute
               any
               thing
               contrary
               to
               the
               said
               Grants
               .
               There
               be
               many
               Men
               that
               are
               able
               Judges
               of
               what
               is
               right
               Reason
               ,
               and
               what
               not
               ;
               when
               any
               of
               these
               shall
               know
               that
               a
               Man
               has
               no
               Superiour
               ,
               nor
               Peer
               in
               the
               Kingdom
               ,
               he
               will
               hardly
               be
               perswaded
               he
               can
               be
               bound
               by
               any
               Law
               of
               the
               Kingdom
               ,
               or
               that
               he
               who
               is
               Subject
               to
               none
               but
               God
               ,
               can
               make
               a
               Law
               upon
               himself
               ,
               which
               he
               cannot
               also
               as
               easily
               abrogate
               ,
               as
               he
               made
               it
               .
               The
               main
               Argument
               ,
               and
               that
               which
               so
               much
               taketh
               with
               the
               throng
               of
               People
               ,
               proceedeth
               from
               a
               needless
               fear
               put
               into
               their
               minds
               by
               such
               Men
               as
               mean
               to
               make
               use
               of
               their
               Hands
               to
               their
               own
               ends
               ;
               for
               if
               (
               say
               they
               )
               the
               King
               may
               (
               notwithstanding
               the
               Law
               )
               do
               what
               he
               please
               ,
               and
               nothing
               to
               restrain
               him
               but
               the
               
               fear
               of
               punishment
               in
               the
               World
               to
               come
               ,
               then
               (
               in
               case
               there
               come
               a
               King
               that
               fears
               no
               such
               punishment
               )
               he
               may
               take
               away
               from
               us
               ,
               not
               only
               our
               Lands
               ,
               Goods
               ,
               and
               Liberties
               ,
               but
               our
               Lives
               also
               if
               he
               will
               :
               And
               they
               say
               true
               ;
               but
               they
               have
               no
               reason
               to
               think
               he
               will
               ,
               unless
               it
               be
               for
               his
               own
               profit
               ,
               which
               cannot
               be
               ;
               for
               he
               loves
               his
               own
               Power
               ;
               and
               what
               becomes
               of
               his
               power
               when
               his
               Subjects
               are
               destroyed
               ,
               or
               weakned
               ,
               by
               whose
               multitude
               ,
               and
               strength
               he
               enjoyes
               his
               power
               ,
               and
               every
               one
               of
               his
               Subjects
               his
               Fortune
               ?
               And
               lastly
               ,
               whereas
               they
               sometimes
               say
               the
               King
               is
               bound
               ,
               not
               only
               to
               cause
               his
               Laws
               to
               be
               observ'd
               ,
               but
               also
               to
               observe
               them
               himself
               ;
               I
               think
               the
               King
               causing
               them
               to
               be
               observ'd
               is
               the
               same
               thing
               as
               observing
               them
               himself
               :
               For
               I
               never
               heard
               it
               taken
               for
               good
               Law
               ,
               that
               the
               King
               may
               be
               Indicted
               ,
               or
               Appealed
               ,
               or
               served
               with
               a
               Writ
               ,
               till
               the
               long
               Parliament
               practised
               the
               contrary
               upon
               the
               good
               King
               Charles
               ,
               for
               which
               divers
               of
               them
               were
               Executed
               ,
               and
               the
               rest
               by
               this
               our
               present
               King
               pardoned
               .
            
          
           
             
               La.
               
            
             
               Pardoned
               by
               the
               King
               and
               Parliament
               .
            
          
           
             
               Ph.
               
            
             
               By
               the
               King
               in
               Parliament
               if
               you
               will
               ,
               but
               not
               by
               the
               King
               ,
               and
               Parliament
               ;
               you
               cannot
               deny
               ,
               but
               that
               the
               pardoning
               of
               Injury
               ,
               to
               the
               Person
               that
               is
               Injur'd
               ,
               Treason
               ,
               
               and
               other
               Offences
               against
               the
               Peace
               ,
               and
               against
               the
               Right
               of
               the
               Soveraign
               are
               Injuries
               done
               to
               the
               King
               ;
               and
               therefore
               whosoever
               is
               pardoned
               any
               such
               Offence
               ,
               ought
               to
               acknowledge
               he
               ows
               his
               Pardon
               to
               the
               King
               alone
               :
               But
               as
               to
               such
               Murders
               ,
               Felonies
               ,
               and
               other
               Injuries
               as
               are
               done
               to
               any
               Subject
               how
               mean
               soever
               ,
               I
               think
               it
               great
               reason
               that
               the
               parties
               endammaged
               ought
               to
               have
               satisfaction
               before
               such
               pardon
               be
               allow'd
               .
               And
               in
               the
               death
               of
               a
               Man
               ,
               where
               restitution
               of
               Life
               is
               Impossible
               ,
               what
               can
               any
               Friend
               ,
               Heir
               ,
               or
               other
               party
               that
               may
               appeal
               ,
               require
               more
               than
               reasonable
               satisfaction
               some
               other
               way
               ?
               Perhaps
               he
               will
               be
               content
               with
               nothing
               but
               Life
               for
               Life
               ;
               but
               that
               is
               Revenge
               ,
               and
               belongs
               to
               God
               ,
               and
               under
               God
               to
               the
               King
               ,
               and
               none
               else
               ;
               therefore
               if
               there
               be
               reasonable
               satisfaction
               tendred
               ,
               the
               King
               ,
               without
               sin
               (
               I
               think
               )
               may
               pardon
               him
               .
               I
               am
               sure
               ,
               if
               the
               pardoning
               him
               be
               a
               sin
               ,
               that
               neither
               King
               ,
               nor
               Parliament
               ,
               nor
               any
               earthly
               Power
               can
               do
               it
               .
            
          
           
             
               La.
               
            
             
               You
               see
               by
               this
               your
               own
               Argument
               ,
               that
               the
               Act
               of
               Oblivion
               ,
               without
               a
               Parliament
               could
               not
               have
               passed
               ;
               because
               ,
               not
               only
               the
               King
               ,
               but
               also
               most
               of
               the
               Lords
               ,
               and
               abundance
               of
               Common
               People
               had
               received
               Injuries
               ;
               which
               not
               being
               pardonable
               ,
               but
               by
               their
               own
               Assent
               ,
               it
               was
               absolutely
               necessary
               
               that
               it
               should
               be
               done
               in
               Parliament
               ,
               and
               by
               the
               assent
               of
               the
               Lords
               and
               Commons
               .
            
          
           
             
               Ph.
               
            
             
               I
               grant
               it
               ;
               but
               I
               pray
               you
               tell
               me
               now
               what
               is
               the
               difference
               between
               a
               general
               Pardon
               ,
               and
               an
               Act
               of
               Oblivion
               ?
            
          
           
             
               La.
               
            
             
               The
               word
               Act
               of
               Oblivion
               was
               never
               in
               our
               Books
               before
               ;
               but
               I
               believe
               it
               is
               in
               yours
               .
            
          
           
             
               Ph.
               
            
             
               In
               the
               State
               of
               Athens
               long
               ago
               ,
               for
               the
               Abolishing
               of
               the
               Civil
               War
               ,
               there
               was
               an
               Act
               agreed
               on
               ;
               that
               from
               that
               time
               forward
               ,
               no
               Man
               should
               be
               molested
               for
               any
               thing
               (
               before
               that
               Act
               done
               )
               whatsoever
               without
               exception
               ,
               which
               Act
               the
               makers
               of
               it
               called
               an
               Act
               of
               Oblivion
               ;
               not
               that
               all
               Injuries
               should
               be
               forgotten
               (
               for
               then
               we
               could
               never
               have
               had
               the
               story
               )
               but
               that
               they
               should
               not
               rise
               up
               in
               Judgment
               against
               any
               Man.
               And
               in
               imitation
               of
               this
               Act
               the
               like
               was
               propounded
               (
               though
               it
               took
               no
               effect
               )
               upon
               the
               death
               of
               
                 Julius
                 Caesar
              
               ,
               in
               the
               Senate
               of
               Rome
               .
               By
               such
               an
               Act
               you
               may
               easily
               conceive
               that
               all
               Accusations
               for
               offences
               past
               were
               absolutely
               dead
               ,
               and
               buried
               ,
               and
               yet
               we
               have
               no
               great
               reason
               to
               think
               ,
               that
               the
               objecting
               one
               to
               another
               of
               the
               Injuries
               pardoned
               ,
               was
               any
               violation
               of
               those
               Acts
               ,
               except
               the
               same
               were
               so
               expressed
               in
               the
               Act
               it self
               .
            
          
           
             
             
               La.
               
            
             
               It
               seems
               then
               that
               the
               Act
               of
               Oblivion
               was
               here
               no
               more
               ,
               nor
               of
               other
               nature
               than
               a
               General
               Pardon
               .
            
          
        
         
           
             Of
             Courts
             .
          
           
             
               Ph.
               
            
             
               SInce
               you
               acknowledge
               that
               in
               all
               controversies
               ,
               the
               Judicature
               originally
               belongeth
               to
               the
               King
               ,
               and
               seeing
               that
               no
               Man
               is
               able
               in
               his
               own
               person
               to
               execute
               an
               Office
               of
               so
               much
               business
               ;
               what
               order
               is
               taken
               for
               deciding
               of
               so
               many
               ,
               and
               so
               various
               Controversies
               ?
            
          
           
             
               La.
               
            
             
               There
               be
               divers
               sorts
               of
               Controversies
               ,
               some
               of
               which
               are
               concerning
               Mens
               Titles
               to
               Lands
               ,
               and
               Goods
               ;
               and
               some
               Goods
               are
               Corporeal
               ,
               and
               Lands
               ,
               Money
               ,
               Cattel
               ,
               Corn
               ,
               and
               the
               like
               ,
               which
               may
               be
               handled
               ,
               or
               seen
               ;
               and
               some
               Incorporeal
               ,
               as
               Priviledges
               ,
               Liberties
               ,
               Dignities
               ,
               Offices
               ,
               and
               many
               other
               good
               things
               ,
               meer
               Creatures
               of
               the
               Law
               ,
               and
               cannot
               be
               handled
               or
               seen
               :
               And
               both
               of
               these
               kinds
               are
               concerning
               Meum
               ,
               and
               Tuum
               .
               Others
               there
               are
               concerning
               Crimes
               punishable
               divers
               wayes
               ;
               and
               amongst
               some
               of
               these
               ,
               part
               of
               the
               punishment
               is
               some
               Fine
               ,
               or
               Forfeiture
               to
               the
               King
               ,
               and
               then
               it
               is
               called
               a
               Plea
               of
               the
               Crown
               ,
               in
               case
               the
               King
               sue
               the
               party
               ,
               otherwise
               it
               is
               but
               a
               private
               Plea
               ,
               which
               they
               call
               an
               Appeal
               :
               And
               though
               upon
               Judgment
               
               in
               an
               Appeal
               the
               King
               shall
               have
               his
               Forfeiture
               ;
               yet
               it
               cannot
               be
               called
               a
               Plea
               of
               the
               Crown
               ,
               but
               when
               the
               Crown
               pleadeth
               for
               it
               .
               There
               be
               also
               other
               Controversies
               concerning
               the
               Government
               of
               the
               Church
               ,
               in
               order
               to
               Religion
               ,
               and
               virtuous
               Life
               .
               The
               offences
               both
               against
               the
               Crown
               ,
               and
               against
               the
               Laws
               of
               the
               Church
               are
               Crimes
               ;
               but
               the
               offences
               of
               one
               Subject
               against
               another
               ,
               if
               they
               be
               not
               against
               the
               Crown
               ,
               the
               King
               pretendeth
               nothing
               in
               those
               Pleas
               ,
               but
               the
               Reparation
               of
               his
               Subjects
               injur'd
               .
            
          
           
             
               Ph.
               
            
             
               A
               Crime
               is
               an
               offence
               of
               any
               kind
               whatsoever
               ,
               for
               which
               a
               penalty
               is
               Ordain'd
               by
               the
               Law
               of
               the
               Land
               :
               But
               you
               must
               understand
               that
               dammages
               awarded
               to
               the
               party
               injur'd
               ,
               has
               nothing
               common
               with
               the
               nature
               of
               a
               penalty
               ,
               but
               is
               meerly
               a
               Restitution
               ,
               or
               satisfaction
               due
               to
               the
               party
               griev'd
               by
               the
               Law
               of
               Reason
               ,
               and
               consequently
               is
               no
               more
               a
               punishment
               than
               is
               the
               paying
               of
               a
               Debt
               .
            
          
           
             
               La.
               
            
             
               It
               seems
               by
               this
               Definition
               of
               a
               Crime
               you
               make
               no
               difference
               between
               a
               Crime
               ,
               and
               a
               sin
               .
            
          
           
             
               Ph.
               
            
             
               All
               Crimes
               are
               indeed
               Sins
               ,
               but
               not
               all
               Sins
               Crimes
               .
               A
               Sin
               may
               be
               in
               the
               thought
               or
               secret
               purpose
               of
               a
               Man
               ,
               of
               which
               neither
               a
               Judge
               ,
               nor
               a
               Witness
               ,
               nor
               any
               Man
               take
               notice
               ;
               but
               a
               Crime
               is
               such
               a
               Sin
               as
               consists
               in
               an
               Action
               against
               the
               Law
               ,
               of
               
               which
               Action
               he
               can
               be
               Accused
               ,
               and
               Tryed
               by
               a
               Judge
               ,
               and
               be
               Convinced
               ,
               or
               Cleared
               by
               Witnesses
               .
               Farther
               ;
               that
               which
               is
               no
               Sin
               in
               it self
               ,
               but
               indifferent
               ,
               may
               be
               made
               Sin
               by
               a
               positive
               Law.
               As
               when
               the
               Statute
               was
               in
               force
               ;
               that
               no
               Man
               should
               wear
               Silk
               in
               his
               Hat
               ,
               after
               the
               Statute
               ,
               such
               wearing
               of
               Silk
               was
               a
               Sin
               ,
               which
               was
               not
               so
               before
               :
               Nay
               sometimes
               an
               Action
               that
               's
               good
               in
               it self
               ,
               by
               the
               Statute
               Law
               may
               be
               made
               a
               Sin
               ;
               as
               if
               a
               Statute
               should
               be
               made
               to
               forbid
               the
               giving
               of
               Alms
               to
               a
               strong
               and
               sturdy
               Beggar
               ;
               such
               Alms
               after
               that
               Law
               would
               be
               a
               Sin
               ,
               but
               not
               before
               :
               For
               then
               it
               was
               Charity
               ,
               the
               Object
               whereof
               is
               not
               the
               strength
               ,
               or
               other
               Quality
               of
               the
               poor
               Man
               ,
               but
               his
               Poverty
               .
               Again
               ,
               he
               that
               should
               have
               said
               in
               Queen
               Maries
               time
               ,
               that
               the
               Pope
               had
               no
               Authority
               in
               England
               ,
               should
               have
               been
               Burnt
               at
               a
               Stake
               ;
               but
               for
               saying
               the
               same
               in
               the
               time
               of
               Queen
               Elizabeth
               ,
               should
               have
               been
               Commended
               .
               You
               see
               by
               this
               ,
               that
               many
               things
               are
               made
               Crimes
               ,
               and
               no
               Crimes
               ,
               which
               are
               not
               so
               in
               their
               own
               Nature
               ,
               but
               by
               Diversity
               of
               Law
               ,
               made
               upon
               Diversity
               of
               Opinion
               ,
               or
               of
               Interest
               by
               them
               which
               have
               Authority
               :
               And
               yet
               those
               things
               ,
               whether
               good
               ,
               or
               evil
               ,
               will
               pass
               so
               with
               the
               Vulgar
               (
               if
               they
               hear
               them
               often
               with
               odious
               terms
               recited
               )
               for
               hainous
               Crimes
               in
               themselves
               ,
               as
               many
               
               of
               those
               Opinions
               ,
               which
               are
               in
               themselves
               Pious
               ,
               and
               Lawful
               ,
               were
               heretofore
               by
               the
               Popes
               Interest
               therein
               called
               Detestable
               Heresie
               .
               Again
               ;
               some
               Controversies
               are
               of
               things
               done
               upon
               the
               Sea
               ,
               others
               of
               things
               done
               upon
               the
               Land.
               There
               need
               by
               many
               Courts
               to
               the
               deciding
               of
               so
               many
               kinds
               of
               Controversies
               .
               What
               order
               is
               there
               taken
               for
               their
               Distribution
               ?
            
          
           
             
               La.
               
            
             
               There
               be
               an
               extraordinary
               great
               number
               of
               Courts
               in
               England
               ;
               First
               ;
               there
               be
               the
               Kings
               Courts
               both
               for
               Law
               ,
               and
               Equity
               in
               matters
               Temporal
               ,
               which
               are
               the
               Chancery
               ,
               the
               Kings-Bench
               ,
               the
               Court
               of
               Common-Pleas
               ,
               and
               for
               the
               Kings
               Revenue
               the
               Court
               of
               the
               Exchequer
               ,
               and
               there
               be
               Subjects
               Courts
               by
               Priviledge
               ,
               as
               the
               Court
               in
               London
               ,
               and
               other
               priviledg'd
               places
               .
               And
               there
               be
               other
               Courts
               of
               Subjects
               ,
               as
               the
               Courts
               of
               Landlords
               ,
               called
               the
               Court
               of
               Barons
               ,
               and
               the
               Courts
               of
               Sherifs
               .
               Also
               the
               Spiritual
               Courts
               are
               the
               Kings
               Courts
               at
               this
               day
               ,
               though
               heretofore
               they
               were
               the
               Popes
               Courts
               .
               And
               in
               the
               Kings
               Courts
               ,
               some
               have
               their
               Judicature
               by
               Office
               ,
               and
               some
               by
               Commission
               ,
               and
               some
               Authority
               to
               Hear
               ,
               and
               Determine
               ,
               and
               some
               only
               to
               Inquire
               ,
               and
               to
               Certifie
               into
               other
               Courts
               .
               Now
               for
               the
               Distribution
               of
               what
               Pleas
               every
               Court
               may
               hold
               ;
               it
               is
               commonly
               held
               ,
               that
               all
               the
               Pleas
               of
               the
               Crown
               ,
               and
               of
               all
               
               Offences
               contrary
               to
               the
               Peace
               are
               to
               be
               holden
               in
               the
               Kings
               Bench
               ,
               or
               by
               Commissioners
               ,
               for
               Bracton
               saith
               ;
               
                 Sciendum
                 est
                 ,
                 quod
                 si
                 Actiones
                 sunt
                 Criminales
                 ,
                 in
                 Curia
                 Domini
                 Regis
                 debent
                 determinari
                 ;
                 cum
                 sit
                 ibi
                 poena
                 C●rporalis
                 infligenda
                 ,
                 &
                 hoc
                 coram
                 ipso
                 Rege
                 ,
                 si
                 tangat
                 personam
                 suam
                 ,
                 sicut
                 Crimen
                 Laesae
                 Majestatis
                 ,
                 vel
                 coram
                 Justitiariis
                 ad
                 hoc
                 specialiter
                 assignatis
                 .
              
               That
               is
               to
               say
               ;
               That
               if
               the
               Plea
               be
               Criminal
               ,
               it
               ought
               to
               be
               determin'd
               in
               the
               Court
               of
               our
               Lord
               the
               King
               ,
               because
               there
               they
               have
               power
               to
               inflict
               Corporeal
               punishment
               ,
               and
               if
               the
               Crime
               be
               against
               his
               person
               ,
               as
               the
               Crime
               of
               Treason
               ,
               it
               ought
               to
               be
               determin'd
               before
               the
               King
               himself
               ,
               or
               if
               it
               be
               against
               a
               private
               person
               ,
               it
               ought
               to
               be
               determin'd
               by
               Justices
               Assigned
               ;
               that
               is
               to
               say
               ,
               before
               Commissioners
               .
               It
               seems
               by
               this
               ,
               that
               heretofore
               Kings
               did
               hear
               and
               determine
               Pleas
               of
               Treason
               against
               themselves
               ,
               by
               their
               own
               Persons
               ;
               but
               it
               has
               been
               otherwise
               a
               long
               time
               ,
               and
               is
               now
               :
               For
               it
               is
               now
               the
               Office
               of
               the
               Lord
               Steward
               of
               England
               in
               the
               Tryal
               of
               a
               Peer
               ,
               to
               hold
               that
               Plea
               by
               a
               Commission
               especially
               for
               the
               same
               .
               In
               Causes
               concerning
               Meum
               ,
               and
               Tuum
               ,
               the
               King
               may
               sue
               ,
               either
               in
               the
               Kings-Bench
               ,
               or
               in
               the
               Court
               of
               Common
               Pleas
               ,
               as
               it
               appears
               by
               Fitzherbert
               in
               his
               
                 Natura
                 Brevium
              
               ,
               at
               the
               Writ
               of
               Escheat
               .
            
          
           
             
             
               Ph.
               
            
             
               A
               King
               perhaps
               will
               not
               sit
               to
               determine
               of
               Causes
               of
               Treason
               against
               his
               Person
               ,
               lest
               he
               should
               seem
               to
               make
               himself
               Judge
               in
               his
               own
               Cause
               ;
               but
               that
               it
               shall
               be
               Judged
               by
               Judges
               of
               his
               own
               making
               ,
               can
               never
               be
               avoided
               ,
               which
               is
               also
               one
               as
               if
               he
               were
               Judge
               himself
               .
            
          
           
             
               La.
               
            
             
               To
               the
               Kings-Bench
               also
               (
               I
               think
               )
               belongeth
               the
               Hearing
               ,
               and
               Determining
               of
               all
               manner
               of
               Breaches
               of
               the
               Peace
               whatsoever
               ,
               saving
               alwayes
               to
               the
               King
               that
               he
               may
               do
               the
               same
               ,
               when
               he
               pleaseth
               ,
               by
               Commissioners
               .
               In
               the
               time
               of
               Henry
               the
               3d
               ,
               and
               Edward
               the
               1st
               ,
               (
               when
               Bracton
               wrote
               )
               the
               King
               did
               usually
               send
               down
               every
               seven
               years
               into
               the
               Country
               Commissioners
               called
               Justices
               Itinerant
               ,
               to
               Hear
               ,
               and
               Determine
               generally
               all
               Causes
               Temporal
               ,
               both
               Criminal
               ,
               and
               Civil
               ,
               whose
               places
               have
               been
               now
               a
               long
               time
               supplyed
               by
               the
               Justices
               of
               Assize
               ,
               with
               Commissions
               of
               the
               Peace
               of
               Oyer
               ,
               and
               Terminer
               ,
               and
               of
               Goal-delivery
               .
            
          
           
             
               Ph.
               
            
             
               But
               why
               may
               the
               King
               only
               Sue
               in
               the
               Kings-Bench
               ,
               or
               Court
               of
               Common-Pleas
               ,
               which
               he
               will
               ,
               and
               no
               other
               Person
               may
               do
               the
               same
               ?
            
          
           
             
               La.
               
            
             
               There
               is
               no
               Statute
               to
               the
               contrary
               ,
               but
               it
               seemeth
               to
               be
               the
               Common-Law
               ;
               for
               Sir
               
                 Edw.
                 Coke
                 ,
                 4
                 Inst.
              
               setteth
               down
               the
               Jurisdiction
               of
               the
               Kings-Bench
               ;
               which
               (
               he
               says
               )
               has
               ;
               First
               ,
               Jurisdiction
               in
               all
               
               Pleas
               of
               the
               Crown
               .
               Secondly
               ,
               The
               Correcting
               of
               all
               manner
               of
               Errors
               of
               other
               Justices
               ,
               and
               Judges
               ,
               both
               of
               Judgments
               and
               Process
               (
               except
               of
               the
               Court
               of
               Exchequer
               )
               which
               he
               sayes
               ,
               is
               to
               this
               Court
               
                 Proprium
                 quarto
                 modo
              
               .
               Thirdly
               ;
               That
               it
               has
               power
               to
               Correct
               all
               Misdemeanours
               extrajudicial
               tending
               to
               the
               breach
               of
               the
               Peace
               ,
               or
               oppression
               of
               the
               Subjects
               ,
               or
               raising
               of
               Factions
               ,
               Controversies
               ,
               Debates
               ,
               or
               any
               other
               manner
               of
               Misgovernment
               .
               Fourthly
               ;
               It
               may
               hold
               Plea
               by
               Writ
               out
               of
               the
               Chancery
               of
               all
               Trespasses
               done
               
                 Vi
                 &
                 Armis
              
               .
               Fifthly
               ;
               It
               hath
               power
               to
               hold
               Plea
               by
               Bill
               for
               Debt
               ,
               Detinu
               ,
               Covenant
               ,
               Promise
               ,
               and
               all
               other
               personal
               Actions
               ;
               but
               of
               the
               Jurisdiction
               of
               the
               Kings-Bench
               in
               Actions
               real
               he
               says
               nothing
               ;
               save
               ,
               that
               if
               a
               Writ
               in
               a
               Real
               Action
               be
               abated
               by
               Judgment
               in
               the
               Court
               of
               Common-Pleas
               ,
               and
               that
               the
               Judgment
               be
               by
               a
               Writ
               of
               Error
               ,
               reversed
               in
               the
               Kings-Bench
               ,
               then
               the
               Kings-Bench
               may
               proceed
               upon
               the
               Writ
               .
            
          
           
             
               Ph.
               
            
             
               But
               how
               is
               the
               Practice
               ?
            
          
           
             
               La.
               
            
             
               Real
               Actions
               are
               commonly
               decided
               ,
               as
               well
               in
               the
               Kings-Bench
               ,
               as
               in
               the
               Court
               of
               Common-Pleas
               .
            
          
           
             
               Ph.
               
            
             
               When
               the
               Kng
               by
               Authority
               in
               Writing
               maketh
               a
               Lord-Chief-Justice
               of
               the
               Kings-Bench
               ;
               does
               he
               not
               set
               down
               what
               he
               makes
               him
               for
               ?
            
          
           
             
             
               La.
               
            
             
               Sir
               
                 Edw
                 Coke
              
               sets
               down
               the
               Letters
               Patents
               ,
               whereby
               of
               Antient
               time
               the
               Lord
               Chief-Justice
               was
               Constituted
               ,
               wherein
               is
               expressed
               to
               what
               end
               he
               hath
               his
               Office
               ;
               
                 viz.
                 Pro
                 Conservatione
                 nostra
                 ,
                 &
                 tranquilitatis
                 Regni
                 nostri
                 ,
                 &
                 ad
                 Justitiam
                 universis
                 &
                 singulis
                 de
                 Regno
                 nostro
                 exhibendam
                 ,
                 Constituimus
                 Dilectum
                 &
                 Fidelem
                 nostrum
              
               P.
               B.
               
                 Justitiarium
                 Angliae
                 ,
                 quamdiu
                 nobis
                 placuerit
                 Capitalem
                 ,
                 &c.
                 
              
               That
               is
               to
               say
               ,
               for
               the
               preservation
               of
               our self
               ,
               and
               of
               the
               Peace
               of
               our
               Realm
               ,
               and
               for
               the
               doing
               of
               Justice
               to
               all
               and
               singular
               our
               Subjects
               ,
               we
               have
               Constituted
               our
               Beloved
               and
               Faithful
               
                 P.
                 B.
              
               during
               our
               pleasure
               ,
               Chief
               Justice
               of
               England
               ,
               &c.
               
            
          
           
             
               Ph.
               
            
             
               Methinks
               't
               is
               very
               plain
               by
               these
               Letters
               Patents
               ,
               that
               all
               Causes
               Temporal
               within
               the
               Kingdom
               (
               except
               the
               Pleas
               that
               belong
               to
               the
               Exchequer
               )
               should
               be
               decidable
               by
               this
               Lord-Chief-Justice
               .
               For
               as
               for
               Causes
               Criminal
               ,
               and
               that
               concern
               the
               Peace
               ,
               it
               is
               granted
               him
               in
               these
               words
               ,
               for
               the
               Conservation
               of
               our self
               ,
               and
               peace
               of
               the
               Kingdom
               ,
               wherein
               are
               contained
               all
               Pleas
               Criminal
               ;
               and
               ,
               in
               the
               doing
               of
               Justice
               to
               all
               and
               singular
               the
               Kings
               Subjects
               are
               comprehended
               all
               Pleas
               Civil
               .
               And
               as
               to
               the
               Court
               of
               Common-Pleas
               ,
               it
               is
               manifest
               it
               may
               hold
               all
               manner
               of
               Civil-Pleas
               (
               except
               those
               of
               the
               Exchequer
               )
               by
               
                 Magna
                 Charta
                 ,
                 Cap.
              
               11.
               
               
               So
               that
               all
               original
               Writs
               concerning
               Civil-Pleas
               are
               returnable
               into
               either
               of
               the
               said
               Courts
               ;
               but
               how
               is
               the
               Lord-Chief-Justice
               made
               now
               ?
            
          
           
             
               La.
               
            
             
               By
               these
               words
               in
               their
               Letters
               Patents
               ;
               
                 Constituimus
                 vos
                 Justitiarium
                 nostrum
                 Capitalem
                 ad
                 Placita
                 coram
                 nobis
                 tenenda
                 ,
                 durante
                 beneplacito
                 nostro
                 .
              
               That
               is
               to
               say
               ,
               we
               have
               made
               you
               our
               Chief-Justice
               to
               hold
               Pleas
               before
               our self
               ,
               during
               our
               pleasure
               .
               But
               this
               Writ
               ,
               though
               it
               be
               shorter
               ,
               does
               not
               at
               all
               abridge
               the
               power
               they
               had
               by
               the
               former
               .
               And
               for
               the
               Letters
               Patents
               for
               the
               Chief-Justice
               of
               the
               Common-Pleas
               ,
               they
               go
               thus
               ,
               
                 Constituimus
                 dilectum
                 &
                 Fidelem
                 ,
                 &c.
                 
                 Capitalem
                 Justitiarium
                 de
                 Communi
                 Banco
                 ,
                 Habendum
                 ,
                 &c.
                 quamdiu
                 nobis
                 placuerit
                 ,
                 cum
                 vadiis
                 &
                 foedis
                 ab
                 antiquo
                 debitis
                 &
                 consuetis
                 .
                 Id
                 est
                 ,
              
               We
               have
               Constituted
               our
               Beloved
               and
               Faithful
               ,
               &c.
               
               Chief-Justice
               of
               the
               Common-Bench
               ,
               To
               have
               ,
               &c.
               during
               our
               pleasure
               ,
               with
               the
               ways
               ,
               and
               Fees
               thereunto
               heretofore
               due
               ,
               and
               usual
               .
            
          
           
             
               Ph.
               
            
             
               I
               find
               in
               History
               ,
               that
               there
               have
               been
               in
               England
               always
               a
               Chancellour
               and
               a
               Chief-Justice
               of
               England
               ,
               but
               of
               a
               Court
               of
               Common-Pleas
               there
               is
               no
               mention
               before
               
                 Magna
                 Charta
              
               .
               Common-Pleas
               there
               were
               ever
               both
               here
               ,
               and
               I
               think
               ,
               in
               all
               Nations
               ;
               for
               Common-Pleas
               and
               Civil-Pleas
               I
               take
               to
               be
               the
               same
               .
            
          
           
             
             
               La.
               
            
             
               Before
               the
               Statute
               of
               
                 Magna
                 Charta
              
               Common-Pleas
               (
               as
               Sir
               
                 Edw.
                 Coke
              
               granteth
               ,
               2
               Inst.
               p.
               21.
               )
               might
               have
               been
               holden
               in
               the
               Kings-Bench
               ;
               and
               that
               Court
               being
               removeable
               at
               the
               Kings
               will
               ,
               the
               Returns
               of
               Writs
               were
               
                 Coram
                 Nobis
                 ubicunque
                 fuerimus
                 in
                 Anglia
              
               ;
               whereby
               great
               trouble
               of
               Jurors
               ensued
               ,
               and
               great
               charges
               of
               the
               parties
               ,
               and
               delay
               of
               Justice
               ;
               and
               that
               for
               these
               causes
               it
               was
               Ordain'd
               ,
               that
               the
               Common-Pleas
               should
               not
               follow
               the
               King
               ,
               but
               be
               held
               in
               a
               place
               certain
               .
            
          
           
             
               Ph.
               
            
             
               Here
               Sir
               
                 Edw.
                 Coke
              
               declares
               his
               Opinion
               ,
               that
               no
               Common-Plea
               can
               be
               holden
               in
               the
               Kings-Bench
               ,
               in
               that
               he
               says
               they
               might
               have
               been
               holden
               then
               .
               And
               yet
               this
               doth
               not
               amount
               to
               any
               probable
               proof
               ,
               that
               there
               was
               any
               Court
               of
               Common-Pleas
               in
               England
               before
               
                 Magna
                 Charta
              
               :
               For
               this
               Statute
               being
               to
               ease
               the
               Jurors
               ,
               and
               lessen
               the
               Charges
               of
               Parties
               ,
               and
               for
               the
               Expedition
               of
               Justice
               had
               been
               in
               Vain
               ,
               if
               there
               had
               been
               a
               Court
               of
               Common-Pleas
               then
               standing
               ;
               for
               such
               a
               Court
               was
               not
               necessarily
               to
               follow
               the
               King
               ,
               as
               was
               the
               Chancery
               ,
               and
               the
               Kings-Bench
               .
               Besides
               ,
               unless
               the
               Kings-Bench
               ,
               wheresoever
               it
               was
               ,
               held
               Plea
               of
               civil
               Causes
               ,
               the
               Subject
               had
               not
               at
               all
               been
               eased
               by
               this
               Statute
               :
               For
               supposing
               the
               King
               at
               York
               ,
               had
               not
               the
               Kings
               Subjects
               about
               London
               ,
               Jurors
               ,
               and
               parties
               as
               much
               
               trouble
               ,
               and
               charge
               to
               go
               to
               York
               ,
               as
               the
               People
               about
               York
               had
               before
               to
               go
               to
               London
               ?
               Therefore
               I
               can
               by
               no
               means
               believe
               otherwise
               ,
               then
               that
               the
               Erection
               of
               the
               Court
               of
               Common-Pleas
               was
               the
               effect
               of
               that
               Statute
               of
               
                 Magna
                 Charta
                 ,
                 Cap.
              
               11.
               
               And
               before
               that
               time
               not
               existent
               ,
               though
               I
               think
               that
               for
               the
               multiplicity
               of
               Suits
               in
               a
               great
               Kingdom
               there
               was
               need
               of
               it
               .
            
          
           
             
               La.
               
            
             
               Perhaps
               there
               was
               not
               so
               much
               need
               of
               it
               as
               you
               think
               :
               For
               in
               those
               times
               the
               Laws
               ,
               for
               the
               most
               part
               ,
               were
               in
               setling
               ,
               rather
               than
               setled
               ;
               and
               the
               old
               Saxon
               Laws
               concerning
               Inheritances
               were
               then
               practised
               ,
               by
               which
               Laws
               speedy
               Justice
               was
               Executed
               by
               the
               Kings
               Writs
               ,
               in
               the
               Courts
               of
               Barons
               ,
               which
               were
               Landlords
               to
               the
               rest
               of
               the
               Freeholders
               ,
               and
               Suits
               of
               Barons
               in
               County-Courts
               ,
               and
               but
               few
               Suits
               in
               the
               Kings
               Courts
               ,
               but
               when
               Justice
               could
               not
               be
               had
               in
               those
               Inferior
               Courts
               ;
               but
               at
               this
               day
               there
               be
               more
               Suits
               in
               the
               Kings
               Courts
               ,
               than
               any
               one
               Court
               can
               dispatch
               .
            
          
           
             
               Ph.
               
            
             
               Why
               should
               there
               be
               more
               Suits
               now
               ,
               than
               formerly
               ?
               For
               I
               believe
               this
               Kingdom
               was
               as
               well
               Peopled
               then
               as
               now
               .
            
          
           
             
               La.
               
            
             
               Sir
               
                 Edw.
                 Coke
                 ,
                 4
                 Inst.
                 p.
              
               76.
               assigneth
               for
               it
               six
               Causes
               ,
               1.
               
               Peace
               ,
               2.
               
               Plenty
               ,
               3.
               
               The
               Dissolution
               of
               Religious
               Houses
               ,
               and
               dispersing
               of
               their
               Lands
               among
               so
               many
               several
               persons
               ,
               4.
               
               The
               multitude
               of
               Informers
               ,
               
               5.
               
               The
               number
               of
               Concealers
               ,
               6.
               
               The
               multitude
               of
               Attorneys
               .
            
          
           
             
               Ph.
               
            
             
               I
               see
               Sir
               
                 Edw.
                 Coke
              
               has
               no
               mind
               to
               lay
               any
               fault
               upon
               the
               Men
               of
               his
               own
               Profession
               ;
               and
               that
               he
               Assigns
               for
               Causes
               of
               the
               Mischiefs
               ,
               such
               things
               as
               would
               be
               Mischief
               ,
               and
               Wickedness
               to
               amend
               ;
               for
               if
               Peace
               ,
               and
               Plenty
               ,
               be
               the
               cause
               of
               this
               Evil
               ,
               it
               cannot
               be
               removed
               but
               by
               War
               and
               Beggery
               ;
               and
               the
               Quarrels
               arising
               about
               the
               Lands
               of
               Religious
               Persons
               cannot
               arise
               from
               the
               Lands
               ,
               but
               from
               the
               doubtfulness
               of
               the
               Laws
               .
               And
               for
               Informers
               they
               were
               Authorised
               by
               Statutes
               ,
               to
               the
               Execution
               of
               which
               Statutes
               they
               are
               so
               necessary
               ,
               as
               that
               their
               number
               cannot
               be
               too
               great
               ,
               and
               if
               it
               be
               too
               great
               the
               fault
               is
               in
               the
               Law
               it self
               .
               The
               number
               of
               Concealers
               ,
               are
               indeed
               a
               number
               of
               Couseners
               ,
               which
               the
               Law
               may
               easily
               Correct
               .
               And
               lastly
               for
               the
               multitude
               of
               Attorneys
               ,
               it
               is
               the
               fault
               of
               them
               that
               have
               the
               power
               to
               admit
               ,
               or
               refuse
               them
               .
               For
               my
               part
               I
               believe
               that
               Men
               at
               this
               day
               have
               better
               learn't
               the
               Art
               of
               Caviling
               against
               the
               words
               of
               a
               Statute
               ,
               than
               heretofore
               they
               had
               ,
               and
               thereby
               encourage
               themselves
               ,
               and
               others
               ,
               to
               undertake
               Suits
               upon
               little
               reason
               .
               Also
               the
               variety
               and
               repugnancy
               of
               Judgments
               of
               Common-Law
               do
               oftentimes
               put
               Men
               to
               hope
               for
               Victory
               in
               causes
               ,
               whereof
               in
               reason
               they
               had
               no
               
               ground
               at
               all
               .
               Also
               the
               ignorance
               of
               what
               is
               Equity
               in
               their
               own
               causes
               ,
               which
               Equity
               not
               one
               Man
               in
               a
               thousand
               ever
               Studied
               ,
               and
               the
               Lawyers
               themselves
               seek
               not
               for
               their
               Judgments
               in
               their
               own
               Breasts
               ,
               but
               in
               the
               precedents
               of
               former
               Judges
               ,
               as
               the
               Antient
               Judges
               sought
               the
               same
               ,
               not
               in
               their
               own
               Reason
               ,
               but
               in
               the
               Laws
               of
               the
               Empire
               .
               Another
               ,
               and
               perhaps
               the
               greatest
               cause
               of
               multitude
               of
               Suits
               is
               this
               ,
               that
               for
               want
               of
               Registring
               of
               conveyances
               of
               Land
               ,
               which
               might
               easily
               be
               done
               in
               the
               Townships
               where
               the
               Lands
               ly
               ,
               a
               Purchase
               cannot
               easily
               be
               had
               ,
               which
               will
               not
               be
               litigious
               .
               Lastly
               ,
               I
               believe
               the
               Coveteousness
               of
               Lawyers
               was
               not
               so
               great
               in
               Antient
               time
               ,
               which
               was
               full
               of
               trouble
               ,
               as
               they
               have
               been
               since
               in
               time
               of
               Peace
               ,
               wherein
               Men
               have
               leisure
               to
               study
               fraud
               ,
               and
               get
               employment
               from
               such
               Men
               as
               can
               encourage
               to
               Contention
               .
               And
               how
               ample
               a
               Field
               they
               have
               to
               exercise
               this
               Mystery
               in
               is
               manifest
               from
               this
               ,
               that
               they
               have
               a
               power
               to
               Scan
               and
               Construe
               every
               word
               in
               a
               Statute
               ,
               Charter
               ,
               Feofment
               ,
               Lease
               ,
               or
               other
               Deed
               ,
               Evidence
               ,
               or
               Testimony
               .
               But
               to
               return
               to
               the
               Jurisdiction
               of
               this
               Court
               of
               the
               Kings-Bench
               ,
               where
               ,
               as
               you
               say
               ,
               it
               hath
               power
               to
               correct
               and
               amend
               the
               Errors
               of
               all
               other
               Judges
               ,
               both
               in
               Process
               ,
               and
               in
               Judgments
               ;
               cannot
               the
               Judges
               of
               the
               Common-Pleas
               
               correct
               Error
               in
               Process
               in
               their
               own
               Courts
               ,
               without
               a
               Writ
               of
               Error
               from
               another
               Court
               ?
            
          
           
             
               La.
               
            
             
               Yes
               ;
               and
               there
               be
               many
               Statutes
               which
               Command
               them
               so
               to
               do
               .
            
          
           
             
               Ph.
               
            
             
               When
               a
               Writ
               of
               Error
               is
               brought
               out
               of
               the
               Kings-Bench
               ,
               be
               it
               either
               Error
               in
               Process
               ,
               or
               in
               Law
               ,
               at
               whose
               Charge
               is
               it
               to
               be
               done
               ?
            
          
           
             
               La.
               
            
             
               At
               the
               Charge
               of
               the
               Clyent
               .
            
          
           
             
               Ph.
               
            
             
               I
               see
               no
               reason
               for
               that
               ;
               for
               the
               Clyent
               is
               not
               in
               fault
               ,
               who
               never
               begins
               a
               Suit
               but
               by
               the
               advice
               of
               his
               Council
               Learned
               in
               the
               Law
               ,
               whom
               he
               pays
               for
               his
               Council
               given
               .
               Is
               not
               this
               the
               fault
               of
               his
               Councellor
               ?
               Nor
               when
               a
               Judge
               in
               the
               Common-Pleas
               hath
               given
               an
               Erroneous
               Sentence
               ,
               it
               is
               always
               likely
               that
               the
               Judge
               of
               the
               Kings-Bench
               will
               reverse
               the
               Judgment
               (
               though
               there
               be
               no
               Question
               ,
               but
               as
               you
               may
               find
               in
               Bracton
               ,
               and
               other
               Learned
               Men
               ,
               he
               has
               power
               to
               do
               it
               )
               because
               being
               Professors
               of
               the
               same
               Common-Law
               ,
               they
               are
               perswaded
               ,
               for
               the
               most
               part
               ,
               to
               give
               the
               same
               Judgments
               :
               For
               Example
               ;
               if
               Sir
               
                 Edw.
                 Coke
              
               in
               the
               last
               Terme
               that
               he
               sate
               Lord-Chief-Justice
               in
               the
               Court
               of
               Common-Pleas
               ,
               had
               given
               an
               Erroneous
               Judgment
               ,
               that
               when
               he
               was
               removed
               ,
               and
               made
               Lord-Chief-Justice
               of
               the
               Kings-Bench
               ,
               would
               therefore
               have
               reversed
               the
               said
               Judgment
               ,
               it
               is
               possi
               -
               
               he
               might
               ,
               but
               not
               very
               likely
               .
               And
               therefore
               I
               do
               believe
               there
               is
               some
               other
               power
               ,
               by
               the
               King
               constituted
               ,
               to
               reverse
               Erroneous
               Judgments
               ,
               both
               in
               the
               Kings-Bench
               ,
               and
               in
               the
               Court
               of
               Common-Pleas
               .
            
          
           
             
               La.
               
            
             
               I
               think
               not
               ;
               for
               there
               is
               a
               Statute
               to
               the
               contrary
               ,
               made
               4
               o
               ,
               
                 Hen.
                 4.
                 cap.
              
               23.
               in
               these
               words
               ;
               Whereas
               ,
               as
               well
               in
               Plea
               Real
               ,
               as
               in
               Plea
               Personal
               ,
               after
               Judgment
               in
               the
               Court
               of
               our
               Lord
               the
               King
               ,
               the
               Parties
               be
               made
               to
               come
               upon
               grievous
               pain
               ,
               sometimes
               before
               the
               King
               himself
               ,
               sometimes
               before
               the
               Kings
               Council
               ,
               and
               sometimes
               to
               the
               Parliament
               to
               answer
               thereof
               anew
               ,
               to
               the
               great
               Impoverishing
               of
               the
               Parties
               aforesaid
               ,
               and
               to
               the
               subversion
               of
               the
               Common-Law
               of
               the
               Land
               ,
               it
               is
               ordained
               and
               established
               ,
               that
               after
               Judgment
               given
               in
               the
               Court
               of
               our
               Lord
               the
               King
               ,
               the
               Parties
               ,
               and
               their
               Heirs
               shall
               be
               there
               in
               Peace
               ,
               until
               the
               Judgment
               be
               undone
               by
               Attaint
               ,
               or
               by
               Error
               ,
               if
               there
               be
               Error
               ,
               as
               hath
               been
               used
               by
               the
               Laws
               in
               the
               times
               of
               the
               Kings
               Progenitors
               .
            
          
           
             
               Ph.
               
            
             
               This
               Statute
               is
               so
               far
               from
               being
               repugnant
               to
               that
               ,
               I
               say
               ,
               as
               it
               seemeth
               to
               me
               to
               have
               been
               made
               expresly
               to
               confirm
               the
               same
               :
               For
               the
               substance
               of
               the
               Statu●e
               is
               ,
               that
               there
               shall
               be
               no
               Suit
               made
               by
               either
               of
               the
               Parties
               for
               any
               thing
               adjudged
               ,
               either
               in
               the
               Kings-Bench
               ,
               or
               Court
               of
               Common-Pleas
               ,
               
               before
               the
               Judgment
               be
               undone
               by
               Error
               ,
               or
               Corruption
               prov'd
               ;
               and
               that
               this
               was
               the
               Common-Law
               before
               the
               making
               of
               this
               Statute
               ,
               which
               could
               not
               be
               ,
               except
               there
               were
               (
               before
               this
               Statute
               )
               some
               Courts
               authorised
               to
               examine
               ,
               and
               correct
               such
               Errors
               as
               by
               the
               Plaintiff
               should
               be
               assign'd
               .
               The
               inconvenience
               which
               by
               this
               Statute
               was
               to
               be
               remedied
               was
               this
               ,
               that
               often
               Judgment
               given
               in
               the
               Kings
               Courts
               ,
               by
               which
               are
               meant
               in
               this
               place
               the
               Kings-Bench
               ,
               and
               Court
               of
               Common-Pleas
               ,
               the
               Party
               against
               whom
               the
               Judgment
               was
               given
               ,
               did
               begin
               a
               new
               Suit
               ,
               and
               cause
               his
               Adversary
               to
               come
               before
               the
               King
               himself
               ;
               here
               by
               the
               King
               himself
               must
               be
               understood
               the
               King
               in
               Person
               ;
               for
               though
               in
               a
               Writ
               by
               the
               words
               
                 Coram
                 nobis
              
               is
               understood
               the
               Kings-Bench
               ,
               yet
               in
               a
               Statute
               it
               is
               never
               so
               ;
               nor
               is
               it
               strange
               ,
               seeing
               in
               those
               days
               the
               King
               did
               usually
               sit
               in
               Court
               with
               his
               Council
               ,
               to
               hear
               (
               as
               sometimes
               King
               James
               )
               and
               sometimes
               the
               same
               Parties
               commenced
               their
               Suit
               before
               the
               Privy-Council
               ,
               though
               the
               King
               were
               absent
               ;
               and
               sometimes
               before
               the
               Parliament
               the
               former
               Judgment
               yet
               standing
               .
               For
               remedy
               whereof
               ,
               it
               was
               ordained
               by
               this
               Statute
               ,
               that
               no
               Man
               should
               renew
               his
               Suit
               ,
               till
               the
               former
               Judgment
               was
               undone
               by
               Attaint
               ,
               or
               Error
               ;
               which
               Reversing
               of
               a
               Judgment
               had
               been
               impossible
               ,
               
               if
               there
               had
               been
               no
               Court
               (
               besides
               the
               aforesaid
               two
               Courts
               )
               wherein
               the
               Errors
               might
               be
               Assigned
               ,
               Examin'd
               ,
               and
               Judg'd
               ;
               for
               no
               Court
               can
               be
               esteemed
               in
               Law
               ,
               or
               Reason
               ,
               a
               Competent
               Judge
               of
               its
               own
               Errors
               .
               There
               was
               therefore
               before
               this
               Statute
               some
               other
               Court
               existent
               for
               the
               hearing
               of
               Errors
               ,
               and
               Reversing
               of
               Erroneous
               Judgments
               .
               What
               Court
               this
               was
               I
               enquire
               not
               yet
               ,
               but
               I
               am
               sure
               it
               could
               not
               be
               either
               the
               Parliament
               or
               the
               Privy-Council
               ,
               or
               the
               Court
               wherein
               the
               Erroneous
               Judgment
               was
               given
               .
            
          
           
             
               La.
               
            
             
               The
               Doctor
               and
               Student
               discourses
               of
               this
               Statute
               ,
               cap.
               18.
               much
               otherwise
               than
               you
               do
               :
               For
               the
               Author
               of
               that
               Book
               saith
               ,
               that
               against
               an
               Erroneous
               Judgment
               all
               Remedy
               is
               by
               this
               Statute
               taken
               away
               .
               And
               though
               neither
               Reason
               ,
               nor
               the
               Office
               of
               a
               King
               ,
               nor
               any
               Law
               positive
               can
               prohibit
               the
               remedying
               of
               any
               Injury
               ,
               much
               less
               of
               an
               unjust
               Sentence
               ,
               yet
               he
               shows
               many
               Statutes
               ,
               wherein
               a
               Mans
               Conscience
               ought
               to
               prevail
               above
               the
               Law.
               
            
          
           
             
               Ph.
               
            
             
               Upon
               what
               ground
               can
               he
               pretend
               ,
               that
               all
               Remedy
               in
               this
               case
               is
               by
               this
               Statute
               prohibited
               ?
            
          
           
             
               La.
               
            
             
               He
               says
               it
               is
               thereby
               enacted
               ,
               that
               Judgment
               given
               by
               the
               Kings
               Courts
               shall
               not
               be
               examin'd
               in
               the
               Chancery
               ,
               Parliament
               ,
               nor
               elsewhere
               .
            
          
           
             
             
               Ph.
               
            
             
               Is
               there
               any
               mention
               of
               Chancery
               in
               this
               Act
               ?
               It
               cannot
               be
               examin'd
               before
               the
               King
               and
               his
               Council
               ,
               nor
               before
               the
               Parliament
               ,
               but
               you
               see
               that
               before
               the
               Statute
               it
               was
               examin'd
               somewhere
               ,
               and
               that
               this
               Statute
               will
               have
               it
               examin'd
               there
               again
               .
            
             
               And
               seeing
               the
               Chancery
               was
               altogether
               the
               highest
               Office
               of
               Judicature
               in
               the
               Kingdom
               for
               matter
               of
               Equity
               ,
               and
               that
               the
               Chancery
               is
               not
               here
               forbidden
               to
               examine
               the
               Judgments
               of
               all
               other
               Courts
               ,
               at
               least
               it
               is
               not
               taken
               from
               it
               by
               this
               Statute
               .
               But
               what
               Cases
               are
               there
               in
               this
               Chapter
               of
               the
               Doctor
               and
               Student
               ,
               by
               which
               it
               can
               be
               made
               probable
               ,
               that
               when
               Law
               ,
               and
               Conscience
               ,
               or
               Law
               and
               Equity
               seem
               to
               oppugne
               one
               another
               ,
               the
               written
               Law
               should
               be
               preferr'd
               ?
            
          
           
             
               La.
               
            
             
               If
               the
               Defendant
               wage
               his
               Law
               in
               an
               Action
               of
               Debt
               brought
               upon
               a
               true
               Debt
               ,
               the
               Plaintiff
               hath
               no
               means
               to
               come
               to
               his
               Debt
               by
               way
               of
               Compulsion
               ,
               neither
               by
               Subpoena
               ,
               nor
               otherwise
               ,
               and
               yet
               the
               Defendant
               is
               bound
               in
               Conscience
               to
               pay
               him
               .
            
          
           
             
               Ph.
               
            
             
               Here
               is
               no
               preferring
               that
               ,
               I
               see
               ,
               of
               the
               Law
               above
               Conscience
               ,
               or
               Equity
               ;
               for
               the
               Plaintiff
               in
               this
               case
               loseth
               not
               his
               Debt
               for
               want
               either
               of
               Law
               ,
               or
               Equity
               ,
               but
               for
               want
               of
               Proof
               ;
               for
               neither
               Law
               ,
               nor
               Equity
               can
               give
               a
               Man
               his
               Right
               ,
               unless
               he
               prove
               it
               .
            
          
           
             
             
               La.
               
            
             
               Also
               if
               the
               Grand-Jury
               in
               Attaint
               affirm
               a
               false
               Verdict
               given
               by
               the
               Petty-Jury
               ,
               there
               is
               no
               farther
               Remedy
               ,
               but
               the
               Conscience
               of
               the
               party
               .
            
          
           
             
               Ph.
               
            
             
               Here
               again
               the
               want
               of
               Proof
               is
               the
               want
               of
               Remedy
               ;
               for
               if
               he
               can
               prove
               that
               the
               Verdict
               given
               was
               false
               ,
               the
               King
               can
               give
               him
               remedy
               such
               way
               as
               himself
               shall
               think
               best
               ,
               and
               ought
               to
               do
               it
               ,
               in
               case
               the
               Party
               shall
               find
               surety
               ,
               if
               the
               same
               Verdict
               be
               again
               affirmed
               ,
               to
               satisfie
               his
               Adversary
               for
               the
               Dammage
               ,
               and
               Vexation
               he
               puts
               him
               to
               .
            
          
           
             
               La.
               
            
             
               But
               there
               is
               a
               Statute
               made
               since
               ;
               
                 viz.
                 27
                 Eliz.
                 c.
              
               8.
               by
               which
               that
               Statute
               of
               Hen.
               4.
               23.
               is
               in
               part
               taken
               away
               ;
               for
               by
               that
               Statute
               Erroneous
               Judgments
               given
               in
               the
               Kings-Bench
               ,
               are
               by
               a
               Writ
               of
               Error
               to
               be
               examin'd
               in
               the
               Exchequer-Chamber
               ,
               before
               the
               Justices
               of
               the
               Common-Bench
               ,
               and
               the
               Barons
               of
               the
               Exchequer
               ,
               and
               by
               the
               preamble
               of
               this
               Act
               it
               appears
               ,
               that
               Erroneous
               Judgments
               are
               only
               to
               be
               reform'd
               by
               the
               High
               Court
               of
               Parliament
               .
            
          
           
             
               Ph.
               
            
             
               But
               here
               is
               no
               mention
               ,
               that
               the
               Judgments
               given
               in
               the
               Court
               of
               Common-Pleas
               should
               be
               brought
               in
               to
               be
               examin'd
               in
               the
               Exchequer-Chamber
               ,
               why
               therefore
               may
               not
               the
               Court
               of
               Chancery
               examin●●
               Judgment
               given
               in
               the
               Court
               of
               Common-Pleas
               ?
            
          
           
             
             
               La.
               
            
             
               You
               deny
               not
               but
               ,
               by
               the
               Antient
               Law
               of
               England
               ,
               the
               Kings-Bench
               may
               examine
               the
               Judgment
               given
               in
               the
               Court
               of
               Common-Pleas
               .
            
          
           
             
               Ph.
               
            
             
               'T
               is
               true
               ;
               but
               why
               may
               not
               also
               the
               Court
               of
               Chancery
               do
               the
               same
               ,
               especially
               if
               the
               fault
               of
               the
               Judgment
               be
               against
               Equity
               ,
               and
               not
               against
               the
               Letter
               of
               the
               Law
               ?
            
          
           
             
               La.
               
            
             
               There
               is
               no
               necessity
               of
               that
               ;
               for
               the
               same
               Court
               may
               examine
               both
               the
               Letter
               and
               the
               Equity
               of
               the
               Statute
               .
            
          
           
             
               Ph.
               
            
             
               You
               see
               by
               this
               ,
               that
               the
               Jurisdiction
               of
               Courts
               cannot
               easily
               be
               distinguished
               ,
               but
               by
               the
               King
               himself
               in
               his
               Parliament
               .
               The
               Lawyers
               themselves
               cannot
               do
               it
               ;
               for
               you
               see
               what
               Contention
               there
               is
               between
               Courts
               ,
               as
               well
               as
               between
               particular
               Men.
               And
               whereas
               you
               say
               ,
               that
               Law
               of
               4
               ▪
               Hen.
               4.
               23.
               is
               by
               that
               of
               27
               
                 Eliz.
                 cap.
              
               8.
               taken
               away
               ,
               I
               do
               not
               find
               it
               so
               .
               I
               find
               indeed
               a
               Diversity
               of
               opinion
               between
               the
               makers
               of
               the
               former
               and
               the
               latter
               Statute
               ,
               in
               the
               preamble
               of
               the
               latter
               and
               Conclusion
               of
               the
               former
               .
               The
               Preamble
               of
               the
               latter
               is
               ;
               forasmuch
               as
               Erroneous
               Judgments
               given
               in
               the
               Court
               called
               the
               Kings-Bench
               ,
               are
               only
               to
               be
               reformed
               in
               the
               High
               Court
               of
               Parliament
               ,
               and
               the
               Conclusion
               of
               the
               former
               is
               ,
               that
               the
               contrary
               was
               Law
               in
               the
               times
               of
               the
               Kings
               Progenitors
               .
               These
               are
               no
               parts
               of
               those
               Laws
               ,
               but
               Opinions
               only
               concerning
               
               the
               Antient
               Custom
               in
               that
               Case
               ,
               arising
               from
               the
               different
               Opinions
               of
               the
               Lawyers
               in
               those
               different
               times
               ,
               neither
               Commanding
               ,
               nor
               Forbidding
               any
               thing
               ;
               though
               of
               the
               Statutes
               themselves
               ,
               the
               one
               forbids
               that
               such
               Pleas
               be
               brought
               before
               the
               Parliament
               ,
               the
               other
               forbids
               it
               not
               :
               But
               yet
               if
               after
               the
               Act
               of
               Hen.
               4.
               such
               a
               Plea
               had
               been
               brought
               before
               the
               Parliament
               ,
               the
               Parliament
               might
               have
               Heard
               ,
               and
               Determin'd
               it
               :
               For
               the
               Statute
               forbids
               not
               that
               !
               nor
               can
               any
               Law
               have
               the
               force
               to
               hinder
               the
               Law
               of
               any
               Jurisdiction
               whatsoever
               they
               please
               to
               take
               upon
               them
               ,
               seeing
               it
               is
               a
               Court
               of
               the
               King
               and
               of
               all
               the
               People
               together
               ,
               both
               Lords
               ,
               and
               Commons
               .
            
          
           
             
               La.
               
            
             
               Though
               it
               be
               ,
               yet
               seeing
               the
               King
               (
               as
               Sir
               
                 Edw.
                 Coke
              
               affirms
               ,
               4
               Inst.
               p.
               71.
               )
               hath
               committed
               all
               his
               power
               Judicial
               ,
               some
               to
               one
               Court
               ,
               and
               some
               to
               another
               ,
               so
               as
               if
               any
               Man
               would
               render
               himself
               to
               the
               Judgment
               of
               the
               King
               ,
               in
               such
               case
               where
               the
               King
               hath
               committed
               all
               his
               power
               Judicial
               to
               others
               ,
               such
               a
               render
               should
               be
               to
               no
               effect
               .
               And
               p.
               73.
               he
               saith
               farther
               ;
               That
               in
               this
               Court
               the
               Kings
               of
               this
               Realm
               have
               sitten
               on
               the
               High
               Bench
               ,
               and
               the
               Judges
               of
               that
               Court
               on
               the
               Lower
               Bench
               ,
               at
               his
               feet
               ;
               but
               Judicature
               belongeth
               only
               to
               the
               Judges
               of
               that
               Court
               ,
               and
               in
               his
               presence
               they
               answer
               all
               Motions
               .
            
          
           
             
             
               Ph.
               
            
             
               I
               cannot
               believe
               that
               Sir
               
                 Edw.
                 Coke
              
               ,
               how
               much
               soever
               he
               desir'd
               to
               advance
               the
               authority
               of
               himself
               ,
               and
               other
               Justices
               of
               the
               Common-Law
               ,
               could
               mean
               that
               the
               King
               in
               the
               Kings-Bench
               sate
               as
               a
               Spectator
               only
               ,
               and
               might
               not
               have
               answered
               all
               motions
               ,
               which
               his
               Judges
               answer'd
               ,
               if
               he
               had
               seen
               cause
               for
               it
               :
               For
               he
               knew
               that
               the
               King
               was
               Supream
               Judge
               then
               in
               all
               causes
               Temporal
               ,
               and
               is
               now
               in
               all
               Causes
               both
               Temporal
               ,
               and
               Ecclesiastical
               ;
               and
               that
               there
               is
               an
               exceeding
               great
               penalty
               ordained
               by
               the
               Laws
               for
               them
               that
               shall
               deny
               it
               .
               But
               Sir
               
                 Edw.
                 Coke
              
               as
               he
               had
               (
               you
               see
               )
               in
               many
               places
               before
               ,
               hath
               put
               a
               Fallacy
               upon
               himself
               ,
               by
               not
               distinguishing
               between
               Committing
               ,
               and
               Transferring
               .
               He
               that
               Transferreth
               his
               power
               ,
               hath
               deprived
               himself
               of
               it
               ,
               but
               he
               that
               Committeth
               it
               to
               another
               to
               be
               Exercised
               in
               his
               name
               ,
               and
               under
               him
               ,
               is
               still
               in
               the
               Possession
               of
               the
               same
               power
               .
               And
               therefore
               if
               a
               Man
               render
               himself
               ;
               that
               is
               to
               say
               ,
               Appealeth
               to
               the
               King
               from
               any
               Judge
               whatsoever
               ,
               the
               King
               may
               receive
               his
               Appeal
               ;
               and
               it
               shall
               be
               effectual
               .
            
          
           
             
               La.
               
            
             
               Besides
               these
               2
               Courts
               ,
               the
               Kings-Bench
               for
               Pleas
               of
               the
               Crown
               ,
               and
               the
               Court
               of
               Common-Pleas
               for
               Causes
               Civil
               ,
               according
               to
               the
               Common-Law
               of
               England
               ,
               there
               is
               another
               Court
               of
               Justice
               ,
               that
               hath
               Jurisdiction
               in
               Causes
               both
               Civil
               ,
               and
               Criminal
               ,
               
               and
               is
               as
               Antient
               a
               Court
               ,
               at
               least
               as
               the
               Court
               of
               Common
               Pleas
               ,
               and
               this
               is
               the
               Court
               of
               the
               Lord
               Admiral
               ,
               but
               the
               proceedings
               therein
               are
               according
               to
               the
               Laws
               of
               the
               Roman
               Empire
               ,
               and
               the
               Causes
               to
               be
               determin'd
               there
               are
               such
               as
               arise
               upon
               the
               Marine
               Sea
               :
               For
               so
               it
               is
               ordain'd
               by
               divers
               Statutes
               ,
               and
               confirm'd
               by
               many
               Precedents
               .
            
          
           
             
               Ph.
               
            
             
               As
               for
               the
               Statutes
               they
               are
               always
               Law
               ,
               and
               Reason
               also
               ;
               for
               they
               are
               made
               by
               the
               Assent
               of
               all
               the
               Kingdom
               ,
               but
               Precedents
               are
               Judgments
               one
               contrary
               to
               another
               ;
               I
               mean
               divers
               Men
               ,
               in
               divers
               Ages
               ,
               upon
               the
               same
               case
               give
               divers
               Judgments
               .
               Therefore
               I
               will
               ask
               your
               Opinion
               once
               more
               concerning
               any
               Judgments
               besides
               those
               of
               the
               King
               ,
               as
               to
               their
               validity
               in
               Law.
               But
               what
               is
               the
               difference
               between
               the
               proceedings
               of
               the
               Court
               of
               Admiralty
               ,
               and
               the
               Court
               of
               Common-Law
               ?
            
          
           
             
               La.
               
            
             
               One
               is
               ,
               that
               the
               Court
               of
               Admiralty
               proceedeth
               by
               two
               Witnesses
               ,
               without
               any
               either
               Grand-Jury
               ,
               to
               Indict
               ,
               or
               Petty
               to
               Convict
               ,
               and
               the
               Judge
               giveth
               Sentence
               according
               to
               the
               Laws
               Imperial
               ,
               which
               of
               old
               time
               were
               in
               force
               in
               all
               this
               part
               of
               Europe
               ,
               and
               now
               are
               Laws
               ,
               not
               by
               the
               Will
               of
               any
               other
               Emperor
               or
               Forraign
               Power
               ,
               but
               by
               the
               Will
               of
               the
               Kings
               of
               England
               that
               have
               given
               them
               force
               in
               their
               own
               Dominions
               ;
               
               the
               reason
               whereof
               seems
               to
               be
               ,
               that
               the
               causes
               that
               arise
               at
               Sea
               are
               very
               often
               between
               us
               ,
               and
               People
               of
               other
               Nations
               ,
               such
               as
               are
               Governed
               for
               the
               most
               part
               by
               the
               self
               same
               laws
               Imperial
               .
            
          
           
             
               Ph.
               
            
             
               How
               can
               it
               precisely
               enough
               be
               determin'd
               at
               Sea
               ,
               especially
               near
               the
               mouth
               of
               a
               very
               great
               River
               ,
               whether
               it
               be
               upon
               the
               Sea
               ,
               or
               within
               the
               Land
               ?
               For
               the
               Rivers
               also
               are
               ,
               as
               well
               as
               their
               Banks
               ,
               within
               ,
               or
               a
               part
               of
               one
               Country
               or
               other
               .
            
          
           
             
               La.
               
            
             
               Truly
               the
               Question
               is
               difficult
               ,
               and
               there
               have
               been
               many
               Suits
               about
               it
               ,
               wherein
               the
               Question
               has
               been
               ,
               whose
               Jurisdiction
               it
               is
               in
               .
            
          
           
             
               Ph.
               
            
             
               Nor
               do
               I
               see
               how
               it
               can
               be
               decided
               ,
               but
               by
               the
               King
               himself
               ,
               in
               case
               it
               be
               not
               declar'd
               in
               the
               Lord
               Admirals
               Letters
               Patents
               .
            
          
           
             
               La.
               
            
             
               But
               though
               there
               be
               in
               the
               Letters
               Patents
               a
               power
               given
               to
               hold
               Plea
               in
               some
               certain
               cases
               ;
               to
               any
               of
               the
               Statutes
               concerning
               the
               Admiralty
               the
               Justices
               of
               the
               Common-Law
               may
               send
               a
               Prohibition
               to
               that
               Court
               ,
               to
               proceed
               in
               the
               Plea
               ,
               though
               it
               be
               with
               a
               non-obstante
               of
               any
               Statute
               .
            
          
           
             
               Ph.
               
            
             
               Methinks
               that
               That
               should
               be
               against
               the
               Right
               of
               the
               Crown
               ,
               which
               cannot
               be
               taken
               from
               it
               by
               any
               Subject
               :
               For
               that
               Argument
               of
               Sir
               Edw.
               Coke's
               ,
               that
               the
               King
               has
               given
               away
               all
               his
               Judicial
               Power
               ,
               is
               worth
               
               nothing
               ;
               because
               (
               as
               I
               have
               said
               before
               )
               he
               cannot
               give
               away
               the
               Essential
               Rights
               of
               his
               Crown
               ,
               and
               because
               by
               a
               non-obstante
               he
               declares
               he
               is
               not
               deceived
               in
               his
               Grant.
               
            
          
           
             
               La.
               
            
             
               But
               you
               may
               see
               by
               the
               Precedents
               alledged
               by
               Sir
               
                 Edw.
                 Coke
              
               ,
               the
               contrary
               has
               been
               perpetually
               practised
               .
            
          
           
             
               Ph.
               
            
             
               I
               see
               not
               that
               perpetually
               ;
               for
               who
               can
               tell
               ,
               but
               there
               may
               have
               been
               given
               other
               Judgments
               in
               such
               cases
               ,
               which
               have
               either
               been
               not
               preserv'd
               in
               the
               Records
               ,
               or
               else
               by
               Sir
               
                 Edw.
                 Coke
              
               (
               because
               they
               were
               against
               his
               opinion
               )
               not
               alledged
               :
               For
               this
               is
               possible
               ,
               though
               you
               will
               not
               grant
               it
               to
               be
               very
               likely
               ;
               therefore
               I
               insist
               only
               upon
               this
               ,
               that
               no
               Record
               of
               a
               Judgment
               is
               a
               Law
               ,
               save
               only
               to
               the
               party
               Pleading
               ,
               until
               he
               can
               by
               Law
               reverse
               the
               former
               Judgment
               .
               And
               as
               to
               the
               proceeding
               without
               Juries
               by
               two
               sufficient
               Witnesses
               ,
               I
               do
               not
               see
               what
               harm
               can
               proceed
               from
               it
               to
               the
               Common-wealth
               ,
               nor
               consequently
               any
               just
               Quarrel
               that
               the
               Justice
               of
               the
               Common-Law
               can
               have
               against
               their
               proceedings
               in
               the
               Admiralty
               :
               For
               the
               Proof
               of
               a
               Fact
               in
               both
               Courts
               lyeth
               meerly
               on
               the
               Witnesses
               ,
               and
               the
               difference
               is
               no
               more
               ,
               but
               that
               in
               the
               Imperial-Law
               ,
               the
               Judge
               of
               the
               Court
               Judgeth
               of
               the
               Testimony
               of
               the
               Witnesses
               ,
               and
               the
               Jury
               doth
               in
               a
               Court
               of
               Common-Law
               .
               Besides
               ,
               if
               a
               Court
               of
               Common-Law
               should
               chance
               to
               
               Incroach
               upon
               the
               Jurisdiction
               of
               the
               Admiral
               ,
               may
               not
               he
               send
               a
               prohibition
               to
               the
               Court
               of
               Common-Law
               to
               forbid
               their
               proceeding
               ?
               I
               pray
               you
               tell
               me
               what
               Reason
               there
               is
               for
               the
               one
               ,
               more
               than
               for
               the
               other
               ?
            
          
           
             
               La.
               
            
             
               I
               know
               none
               but
               long
               Custom
               ;
               for
               I
               think
               it
               was
               never
               done
               .
            
          
           
             
               Ph.
               
            
             
               The
               Highest
               ordinary
               Court
               in
               England
               is
               the
               Court
               of
               Chancery
               ,
               wherein
               the
               Lord
               Chancellour
               ,
               or
               otherwise
               Keeper
               of
               the
               Great
               Seal
               is
               the
               only
               Judge
               .
               This
               Court
               is
               very
               Antient
               ,
               as
               appears
               by
               Sir
               
                 Edw.
                 Coke
                 ,
                 4
                 Inst.
                 p.
              
               87.
               where
               he
               nameth
               the
               Chancellors
               of
               King
               Edgar
               ,
               King
               Etheldred
               ,
               King
               Edmund
               ,
               and
               King
               Edward
               the
               Confessor
               .
               His
               Office
               is
               given
               to
               him
               without
               Letters
               Patents
               by
               the
               Kings
               delivery
               to
               him
               of
               the
               Great
               Seal
               of
               England
               ,
               and
               whosoever
               hath
               the
               keeping
               of
               the
               Great
               Seal
               of
               England
               hath
               the
               same
               ,
               and
               the
               whole
               Jurisdiction
               that
               the
               Lord
               Chancellour
               ever
               had
               by
               the
               Statute
               of
               5
               
                 Eliz.
                 cap.
                 18.
              
               wherein
               it
               is
               declar'd
               ,
               that
               such
               is
               ,
               and
               always
               has
               been
               the
               Common-Law
               .
               And
               Sir
               
                 Edw.
                 Coke
              
               says
               ,
               he
               has
               his
               name
               of
               Chancellour
               from
               the
               highest
               point
               of
               his
               Jurisdiction
               ;
               
                 viz.
                 a
                 Cancellando
              
               ;
               that
               is
               ,
               from
               Cancelling
               the
               Kings
               Letters
               Patents
               ,
               by
               drawing
               strokes
               through
               it
               like
               a
               Lattice
               .
            
          
           
             
               Ph.
               
            
             
               Very
               pretty
               .
               It
               is
               well
               enough
               known
               that
               Cancellarius
               was
               a
               great
               Officer
               under
               
               the
               
                 Roman
                 Empire
              
               ,
               whereof
               this
               Island
               was
               once
               a
               Member
               ,
               and
               that
               the
               Office
               came
               into
               this
               Kingdom
               ,
               either
               with
               ,
               or
               in
               Imitation
               of
               the
               Roman
               Government
               .
               Also
               it
               was
               long
               after
               the
               time
               of
               the
               12
               Caesars
               ,
               that
               this
               Officer
               was
               created
               in
               the
               State
               of
               Rome
               .
               For
               till
               after
               
                 Septimius
                 Severus
              
               his
               time
               ,
               the
               Emperors
               did
               diligently
               enough
               take
               cognizance
               of
               Causes
               and
               Complaints
               for
               Judgments
               given
               in
               the
               Courts
               of
               the
               Praetors
               ,
               which
               were
               in
               Rome
               the
               same
               that
               the
               Judges
               of
               the
               Common-Law
               are
               here
               ;
               but
               by
               the
               continual
               Civil
               Wars
               in
               after-times
               for
               the
               choosing
               of
               Emperors
               ,
               that
               diligence
               by
               little
               and
               little
               ceased
               ;
               and
               afterwards
               (
               as
               I
               have
               Read
               in
               a
               very
               good
               Author
               of
               the
               Roman
               Civil
               Law
               )
               the
               number
               of
               complaints
               being
               much
               increased
               ,
               and
               being
               more
               than
               the
               Emperor
               could
               dispatch
               ,
               he
               appointed
               an
               Officer
               as
               his
               Clerk
               ,
               to
               receive
               all
               such
               Petitions
               ;
               and
               that
               this
               Clerk
               caused
               a
               partition
               to
               be
               made
               in
               a
               Room
               convenient
               ,
               in
               which
               partition-Wall
               ,
               at
               the
               heighth
               of
               a
               Mans
               reach
               ,
               he
               placed
               at
               convenient
               distances
               certain
               Bars
               ;
               so
               that
               when
               a
               Suitor
               came
               to
               deliver
               his
               Petition
               to
               the
               Clerk
               ,
               who
               was
               sometimes
               absent
               ,
               he
               had
               no
               more
               to
               do
               ,
               but
               to
               throw
               in
               his
               Petition
               between
               those
               Bars
               ,
               which
               in
               Latin
               are
               called
               properly
               Cancelli
               ;
               not
               that
               any
               certain
               Form
               of
               those
               Bars
               ,
               or
               any
               Bars
               at
               all
               were
               necessary
               ;
               
               for
               they
               might
               have
               been
               thrown
               over
               ,
               though
               the
               whole
               space
               had
               been
               left
               open
               ;
               but
               because
               they
               were
               Cancelli
               ,
               the
               Clerk
               Attendant
               ,
               and
               keeping
               his
               Office
               there
               ,
               was
               called
               Cancellarius
               :
               And
               any
               Court
               Bar
               may
               properly
               enough
               be
               called
               Cancelli
               ,
               which
               does
               not
               signifie
               a
               Lattice
               ;
               for
               that
               is
               but
               a
               meer
               Conjecture
               grounded
               upon
               no
               History
               nor
               Grammar
               ,
               but
               taken
               up
               at
               first
               (
               as
               is
               likely
               )
               by
               some
               Boy
               that
               could
               find
               no
               other
               word
               in
               the
               Dictionary
               for
               a
               Lattice
               but
               Cancelli
               .
               The
               Office
               of
               this
               Chancellour
               was
               at
               first
               but
               to
               Breviate
               the
               matter
               of
               the
               Petitions
               ,
               for
               the
               easing
               of
               the
               Emperor
               ,
               but
               Complaints
               encreasing
               daily
               ,
               they
               were
               too
               many
               ,
               considering
               other
               Businesses
               more
               necessary
               for
               the
               Emperor
               to
               determine
               ,
               and
               this
               caused
               the
               Emperor
               to
               commit
               the
               Determination
               of
               them
               to
               the
               Chancellor
               again
               ;
               what
               Reason
               doth
               Sir
               
                 Edw.
                 Coke
              
               alledge
               to
               prove
               ,
               that
               the
               highest
               point
               of
               the
               Chancellors
               Jurisdiction
               is
               to
               Cancel
               his
               Masters
               Letters
               Patents
               ,
               after
               they
               were
               Sealed
               with
               his
               Masters
               Seal
               ;
               unless
               he
               hold
               Plea
               concerning
               the
               validity
               of
               them
               ,
               or
               of
               his
               Masters
               meaning
               in
               them
               ,
               or
               of
               the
               surreptitious
               getting
               of
               them
               ,
               or
               of
               the
               abusing
               of
               them
               ,
               which
               are
               all
               causes
               of
               Equity
               ?
               Also
               ,
               seeing
               the
               Chancellor
               hath
               his
               Office
               only
               by
               the
               delivery
               of
               the
               Great
               Seal
               ,
               without
               any
               Instruction
               ,
               or
               Limitation
               
               of
               the
               Process
               in
               his
               Court
               to
               be
               used
               ;
               it
               is
               manifest
               ,
               that
               in
               all
               Causes
               whereof
               he
               has
               the
               hearing
               ,
               he
               may
               proceed
               by
               such
               manner
               of
               hearing
               ,
               and
               examining
               of
               Witnesses
               (
               with
               Jury
               ,
               or
               without
               Jury
               )
               as
               he
               shall
               think
               fittest
               for
               the
               Exactness
               ,
               Expedition
               and
               Equity
               of
               the
               Decrees
               .
               And
               therefore
               ,
               if
               he
               think
               the
               Custome
               of
               proceeding
               by
               Jury
               ,
               according
               to
               the
               Custome
               of
               England
               in
               Courts
               of
               Common-Law
               ,
               tend
               more
               to
               Equity
               (
               which
               is
               the
               scope
               of
               all
               the
               Judges
               in
               the
               World
               ,
               or
               ought
               to
               be
               )
               he
               ought
               to
               use
               that
               method
               ,
               or
               if
               he
               think
               better
               of
               another
               proceeding
               ,
               he
               may
               use
               it
               ,
               if
               it
               be
               not
               forbidden
               by
               a
               Statute
               .
            
          
           
             
               La.
               
            
             
               As
               for
               this
               Reasoning
               of
               yours
               I
               think
               it
               well
               enough
               ;
               but
               there
               ought
               to
               be
               had
               also
               a
               reverend
               respect
               to
               Customs
               not
               unreasonable
               ;
               and
               therefore
               ,
               I
               think
               ,
               Sir
               
                 Edw.
                 Coke
              
               says
               not
               amiss
               ;
               that
               in
               such
               Cases
               ,
               where
               the
               Chancellor
               will
               proceed
               by
               the
               Rule
               of
               the
               Common-Law
               ,
               he
               ought
               to
               deliver
               the
               Record
               in
               the
               Kings-Bench
               ;
               and
               also
               it
               is
               necessary
               for
               the
               Lord
               Chancellor
               to
               take
               care
               of
               not
               exceeding
               as
               it
               is
               limited
               by
               Statutes
               .
            
          
           
             
               Ph.
               
            
             
               What
               are
               the
               Statutes
               by
               which
               his
               Jurisdiction
               is
               limited
               ?
               I
               know
               that
               by
               the
               27
               
                 Eliz.
                 cap.
              
               8.
               
               He
               cannot
               Reverse
               a
               Judgment
               given
               in
               the
               Kings-Bench
               for
               Debt
               ,
               Detinue
               ,
               &c.
               
               Nor
               before
               the
               Statute
               could
               
               he
               ever
               by
               virtue
               of
               his
               Office
               ,
               Reverse
               a
               Judgment
               in
               Pleas
               of
               the
               Crown
               ,
               given
               by
               the
               Kings-Bench
               that
               hath
               the
               Cognizance
               of
               such
               Pleas
               ,
               nor
               need
               he
               ;
               for
               the
               Judges
               themselves
               ,
               when
               they
               think
               there
               is
               need
               to
               relieve
               a
               Man
               opprest
               by
               ill
               Witnesses
               ,
               or
               power
               of
               great
               Men
               prevailing
               on
               the
               Jury
               ,
               or
               by
               Error
               of
               the
               Jury
               ,
               though
               it
               be
               in
               case
               of
               Felony
               ,
               may
               stay
               the
               Execution
               ,
               and
               Inform
               the
               King
               ,
               who
               will
               in
               Equity
               relieve
               him
               .
               As
               to
               the
               regard
               we
               ought
               to
               have
               to
               Custome
               ,
               we
               will
               Consider
               of
               it
               afterward
               .
            
          
           
             
               La.
               
            
             
               First
               in
               a
               Parliament
               holden
               the
               13th
               of
               Rich.
               2.
               the
               Commons
               Petitioned
               the
               King
               ,
               that
               neither
               the
               Chancellor
               ,
               nor
               other
               Chancellor
               do
               make
               any
               order
               against
               the
               Common-Law
               ,
               nor
               that
               any
               Judgment
               be
               given
               without
               due
               Process
               of
               Law.
               
            
          
           
             
               Ph.
               
            
             
               This
               is
               no
               unreasonable
               Petition
               ;
               for
               the
               Common-Law
               is
               nothing
               else
               but
               Equity
               :
               And
               by
               this
               Statute
               it
               appears
               ,
               that
               the
               Chancellors
               ,
               before
               that
               Statute
               ,
               made
               bolder
               with
               the
               Courts
               of
               Common
               Law
               ,
               than
               they
               did
               afterward
               ;
               but
               it
               does
               not
               appear
               that
               Common-Law
               in
               this
               Statute
               signifies
               any
               thing
               else
               ,
               but
               generally
               the
               Law
               Temporal
               of
               the
               Realm
               ,
               nor
               was
               this
               Statute
               ever
               Printed
               ,
               that
               such
               as
               I
               might
               take
               notice
               of
               it
               ;
               but
               whether
               it
               be
               a
               Statute
               or
               not
               ,
               I
               know
               not
               ,
               till
               you
               tell
               me
               what
               the
               
               Parliament
               Answer'd
               to
               this
               Petition
               .
            
          
           
             
               La.
               
            
             
               The
               Kings
               Answer
               was
               ,
               the
               Wages
               heretofore
               shall
               stand
               ,
               so
               as
               the
               Kings
               Royalty
               be
               saved
               .
            
          
           
             
               Ph.
               
            
             
               This
               is
               slatly
               against
               Sir
               
                 Edw.
                 Coke
              
               ,
               concerning
               the
               Chancery
               .
            
          
           
             
               La.
               
            
             
               In
               another
               Parliament
               ,
               17
               Rich.
               2.
               
               It
               is
               Enacted
               ,
               at
               the
               Petition
               of
               the
               Commons
               ;
               That
               forasmuch
               as
               People
               were
               Compelled
               to
               come
               before
               the
               Kings
               Council
               ,
               or
               in
               Chancery
               ,
               by
               Writs
               grounded
               upon
               untrue
               Suggestions
               ,
               that
               the
               Chancellor
               for
               the
               time
               being
               ,
               presently
               after
               such
               Suggestions
               ,
               be
               duly
               found
               ,
               and
               proved
               untrue
               ,
               shall
               have
               power
               to
               Ordain
               ,
               and
               Award
               Dammages
               ,
               according
               to
               his
               discretion
               ,
               to
               him
               which
               is
               so
               Travelled
               unduly
               ,
               as
               is
               aforesaid
               .
            
          
           
             
               Ph.
               
            
             
               By
               this
               Statute
               it
               appears
               ,
               that
               when
               a
               Complaint
               is
               made
               in
               Chancery
               upon
               undue
               Suggestions
               ,
               the
               Chancellor
               shall
               have
               the
               Examination
               of
               the
               said
               Suggestions
               ,
               and
               as
               he
               may
               avoid
               Dammages
               when
               the
               Suggestions
               are
               untrue
               ,
               so
               he
               may
               also
               proceed
               by
               Process
               to
               the
               detemining
               of
               the
               Cause
               ,
               whether
               it
               be
               Real
               ,
               or
               Personal
               ,
               so
               it
               be
               not
               Criminal
               .
            
          
           
             
               La.
               
            
             
               Also
               the
               Commons
               Petitioned
               in
               a
               Parliament
               of
               2
               Hen.
               4.
               not
               Printed
               ;
               That
               no
               Writs
               ,
               nor
               Privy-Seals
               be
               sued
               out
               of
               Chancery
               ,
               Exchequer
               ,
               or
               other
               places
               to
               
               any
               Man
               to
               appear
               at
               a
               day
               ,
               upon
               a
               pain
               ,
               either
               before
               the
               King
               and
               his
               Council
               ,
               or
               in
               any
               other
               place
               ,
               contrary
               to
               the
               ordinary
               Course
               of
               Common-Law
               .
            
          
           
             
               Ph.
               
            
             
               What
               Answer
               was
               given
               to
               this
               Petition
               by
               the
               King
               ?
            
          
           
             
               La.
               
            
             
               That
               such
               Writs
               should
               not
               be
               granted
               without
               necessity
               .
            
          
           
             
               Ph.
               
            
             
               Here
               again
               you
               see
               the
               King
               may
               deny
               ,
               or
               Grant
               any
               Petitions
               in
               Parliament
               ,
               either
               as
               he
               thinks
               it
               necessary
               ,
               as
               in
               this
               place
               ,
               or
               as
               he
               thinks
               it
               prejudicial
               ,
               or
               not
               prejudicial
               to
               his
               Royalty
               ,
               as
               in
               the
               Answer
               of
               the
               former
               Petition
               ,
               which
               is
               a
               sufficient
               proof
               ,
               that
               no
               part
               of
               his
               Legislative
               Power
               ,
               or
               any
               other
               Essential
               part
               of
               Royalty
               can
               be
               taken
               from
               him
               by
               a
               Statute
               .
               Now
               seeing
               it
               is
               granted
               ,
               that
               Equity
               is
               the
               same
               thing
               with
               the
               Law
               of
               Reason
               ,
               and
               seeing
               Sir
               
                 Edw.
                 Coke
                 ,
                 1
                 Inst.
                 Sect.
              
               21.
               
               Defines
               Equity
               to
               be
               a
               certain
               Reason
               comprehended
               in
               no
               Writing
               ,
               but
               consisting
               only
               in
               right
               Reason
               ,
               which
               interpreteth
               and
               amendeth
               the
               Written-Law
               ;
               I
               would
               fain
               know
               to
               what
               end
               there
               should
               be
               any
               other
               Court
               of
               Equity
               at
               all
               ,
               either
               before
               the
               Chancellor
               or
               any
               other
               Person
               ,
               besides
               the
               Judges
               of
               the
               Civil
               ,
               or
               Common-Pleas
               ?
               Nay
               I
               am
               sure
               you
               can
               alledge
               none
               but
               this
               ,
               that
               there
               was
               a
               necessity
               of
               a
               Higher
               Court
               of
               Equity
               ,
               than
               the
               Courts
               of
               Common-Law
               ,
               to
               
               remedy
               the
               Errors
               in
               Judgment
               given
               by
               the
               Justices
               of
               Inferior
               Courts
               ,
               and
               the
               Errors
               in
               Chancery
               were
               irrevocable
               ,
               except
               by
               Parliament
               ,
               or
               by
               special
               Commission
               appointed
               thereunto
               by
               the
               King.
               
            
          
           
             
               La.
               
            
             
               But
               Sir
               
                 Edw.
                 Coke
              
               says
               ,
               that
               seeing
               matters
               of
               Fact
               by
               the
               Common-Law
               are
               Tryable
               by
               a
               Jury
               of
               12
               Men
               ,
               this
               Court
               should
               not
               draw
               the
               matter
               
                 ad
                 aliud
                 Examen
                 ;
                 i.
                 e.
              
               to
               another
               kind
               of
               Examination
               ,
               viz.
               by
               Deposition
               of
               Witnesses
               ,
               which
               should
               be
               but
               evidence
               to
               a
               Jury
               .
            
          
           
             
               Ph.
               
            
             
               To
               the
               Deposition
               of
               Witnesses
               any
               more
               or
               less
               ,
               then
               to
               evidence
               to
               the
               Lord-Chancellor
               ?
               'T
               is
               not
               therefore
               another
               kind
               of
               Examination
               ;
               nor
               is
               a
               Jury
               more
               capable
               of
               duly
               examining
               Witnesses
               than
               a
               Lord-Chancellor
               .
               Besides
               ,
               seeing
               all
               Courts
               are
               bound
               to
               Judge
               according
               to
               Equity
               ,
               and
               that
               all
               Judges
               in
               a
               Case
               of
               Equity
               ,
               may
               sometimes
               be
               deceiv'd
               ,
               what
               harm
               is
               there
               to
               any
               Man
               ,
               or
               to
               the
               State
               ,
               if
               there
               be
               a
               subordination
               of
               Judges
               in
               Equity
               ,
               as
               well
               as
               of
               Judges
               in
               Common-Law
               ?
               Seeing
               it
               is
               provided
               by
               an
               Act
               of
               parliament
               to
               avoid
               Vexation
               ,
               that
               Subpoenas
               shall
               not
               be
               granted
               ,
               till
               surety
               be
               found
               to
               satisfie
               the
               Party
               so
               grieved
               and
               vexed
               for
               his
               Dammages
               and
               Expences
               ,
               if
               so
               be
               the
               matter
               may
               not
               be
               made
               good
               which
               is
               contained
               in
               the
               Bill
               .
            
          
           
             
             
               La.
               
            
             
               There
               is
               another
               Statute
               of
               31
               
                 Hen.
                 6.
                 cap.
              
               2.
               wherein
               there
               is
               a
               Proviso
               cited
               by
               Sir
               
                 Edw.
                 Coke
              
               in
               these
               words
               ;
               
                 Provided
                 ,
                 that
                 no
                 matter
                 determinable
                 by
                 the
                 Laws
                 of
                 the
                 Realm
                 ,
                 shall
                 be
                 by
                 the
                 said
                 Act
                 determined
                 in
                 other
                 Form
                 ,
                 then
                 after
                 the
                 course
                 of
                 the
                 same
                 Law
                 in
                 the
                 Kings
                 Courts
                 having
                 the
                 Determination
                 of
                 the
                 same
                 Law.
                 
              
            
          
           
             
               Ph.
               
            
             
               This
               Law
               was
               made
               but
               for
               Seven
               years
               ,
               and
               never
               continued
               by
               any
               other
               Parliament
               ,
               and
               the
               motive
               of
               this
               Law
               was
               the
               great
               Riots
               ,
               Extortions
               ,
               Oppressions
               ,
               &c.
               used
               during
               the
               time
               of
               the
               Insurrection
               of
               
                 John
                 Cade
              
               ,
               and
               the
               Indictments
               and
               Condemnations
               wrongfully
               had
               by
               this
               usurped
               Authority
               ;
               and
               thereupon
               the
               Parliament
               Ordained
               ,
               that
               for
               7
               years
               following
               no
               Man
               should
               disobey
               any
               of
               the
               Kings
               Writs
               under
               the
               Great
               Seal
               ,
               or
               should
               refuse
               to
               appear
               upon
               Proclamation
               before
               the
               Kings
               Council
               ,
               or
               in
               the
               Chancery
               ,
               to
               Answer
               to
               Riots
               ,
               Extortions
               ,
               &c.
               
               For
               the
               first
               time
               he
               should
               lose
               ,
               &c.
               
               Wherein
               there
               is
               nothing
               at
               all
               concerning
               the
               Jurisdiction
               of
               the
               Chancery
               ,
               or
               any
               other
               Court
               ,
               but
               an
               extraordinary
               power
               given
               to
               the
               Chancery
               ,
               and
               to
               the
               Kings
               Privy-Council
               ,
               to
               Determine
               of
               those
               Crimes
               which
               were
               not
               before
               that
               time
               Tryable
               ,
               but
               only
               by
               the
               Kings-Bench
               ,
               or
               special
               Commission
               :
               For
               the
               Act
               was
               made
               expresly
               for
               the
               punishment
               
               of
               a
               great
               Multitude
               of
               Crimes
               committed
               by
               those
               that
               had
               Acted
               by
               the
               said
               
               Cade's
               Authority
               ;
               to
               which
               Act
               the
               Proviso
               was
               added
               ,
               which
               is
               here
               mention'd
               ,
               that
               the
               Proceeds
               in
               those
               Courts
               of
               Chancery
               ,
               and
               of
               the
               Kings
               Council
               should
               be
               such
               ,
               as
               should
               be
               used
               in
               the
               Courts
               ,
               to
               which
               the
               said
               Courts
               ,
               before
               this
               Act
               was
               made
               ,
               do
               belong
               .
               That
               is
               to
               say
               ,
               such
               causes
               as
               were
               Criminal
               ,
               should
               be
               after
               the
               order
               of
               the
               Kings-Bench
               ,
               and
               such
               Causes
               as
               were
               not
               Criminal
               ,
               but
               only
               against
               Equity
               ,
               should
               be
               Tryed
               after
               the
               manner
               of
               the
               Chancery
               ,
               or
               in
               some
               cases
               according
               to
               the
               Proceedings
               in
               the
               Exchequer
               .
               I
               wonder
               why
               Sir
               
                 Edw.
                 Coke
              
               should
               cite
               a
               Statute
               (
               as
               this
               is
               )
               above
               two
               hundred
               years
               before
               expir'd
               ,
               and
               other
               two
               Petitions
               ;
               as
               if
               they
               were
               Statutes
               ,
               when
               they
               were
               not
               passed
               by
               the
               King
               ;
               unless
               he
               did
               it
               on
               purpose
               to
               diminish
               (
               as
               he
               endeavours
               to
               do
               throughout
               his
               Institutes
               )
               the
               Kings
               Authority
               ,
               or
               to
               insinuate
               his
               own
               opinions
               among
               the
               People
               for
               the
               Law
               of
               the
               Land
               :
               For
               that
               also
               he
               endeavours
               by
               Inserting
               Latin
               Sentences
               ,
               both
               in
               his
               Text
               ,
               and
               in
               the
               Margin
               ,
               as
               if
               they
               were
               Principles
               of
               the
               Law
               of
               Reason
               ,
               without
               any
               Authority
               of
               Antient
               Lawyers
               ,
               or
               any
               certainty
               of
               Reason
               in
               themselves
               ,
               to
               make
               Men
               believe
               they
               are
               the
               very
               grounds
               of
               the
               Law
               of
               England
               .
               Now
               
               as
               to
               the
               Authority
               you
               ascribe
               to
               Custome
               ,
               I
               deny
               that
               any
               Custome
               of
               its
               own
               Nature
               ,
               can
               amount
               to
               the
               Authority
               of
               a
               Law
               :
               For
               if
               the
               Custom
               be
               unreasonable
               ,
               you
               must
               with
               all
               other
               Lawyers
               confess
               that
               it
               is
               no
               Law
               ,
               but
               ought
               to
               be
               abolished
               ;
               and
               if
               the
               Custom
               be
               reasonable
               ,
               it
               is
               not
               the
               Custom
               ,
               but
               the
               Equity
               that
               makes
               it
               Law.
               For
               what
               need
               is
               there
               to
               make
               Reason
               Law
               by
               any
               Custom
               how
               long
               soever
               when
               the
               Law
               of
               Reason
               is
               Eternal
               ?
               Besides
               ,
               you
               cannot
               find
               in
               any
               Statute
               (
               though
               
                 Lex
                 &
                 Consuetudo
              
               be
               often
               mentioned
               as
               things
               to
               be
               followed
               by
               the
               Judges
               in
               their
               Judgments
               )
               that
               Consuetudines
               ,
               that
               is
               to
               say
               ,
               Customs
               ,
               or
               Usages
               did
               imply
               any
               Long
               continuance
               of
               former
               time
               ;
               but
               that
               it
               signified
               such
               Use
               ,
               and
               Custom
               of
               proceeding
               ,
               as
               was
               then
               immediately
               in
               being
               before
               the
               making
               of
               such
               Statute
               .
               Nor
               shall
               you
               find
               in
               any
               Statute
               the
               word
               Common-Law
               ,
               which
               may
               not
               be
               there
               well
               Interpreted
               for
               any
               of
               the
               Laws
               of
               England
               Temporal
               ;
               for
               it
               is
               not
               the
               singularity
               of
               Process
               used
               in
               any
               Court
               ;
               that
               can
               distinguish
               it
               so
               as
               to
               make
               it
               a
               different
               Law
               from
               the
               Law
               of
               the
               whole
               Nation
               .
            
          
           
             
               La.
               
            
             
               If
               all
               Courts
               were
               (
               as
               you
               think
               )
               Courts
               of
               Equity
               ,
               would
               it
               not
               be
               incommodious
               to
               the
               Common-wealth
               ?
            
          
           
             
             
               Ph.
               
            
             
               I
               think
               not
               ;
               unless
               perhaps
               you
               may
               say
               ,
               that
               seeing
               the
               Judges
               ,
               whether
               they
               have
               many
               ,
               or
               few
               causes
               to
               be
               heard
               before
               them
               ,
               have
               but
               the
               same
               wages
               from
               the
               King
               ,
               they
               may
               be
               too
               much
               inclin'd
               to
               put
               off
               the
               Causes
               they
               use
               to
               hear
               (
               for
               the
               easing
               of
               themselves
               )
               to
               some
               other
               Court
               ;
               to
               the
               delay
               of
               Justice
               ,
               and
               dammage
               of
               the
               Parties
               suing
               .
            
          
           
             
               La.
               
            
             
               You
               are
               very
               much
               deceiv'd
               in
               that
               ;
               for
               on
               contrary
               the
               Contention
               between
               the
               Courts
               for
               Jurisdiction
               ,
               is
               of
               who
               shall
               have
               most
               Causes
               brought
               before
               them
               .
            
          
           
             
               Ph.
               
            
             
               I
               cry
               you
               Mercy
               ,
               I
               smelt
               not
               that
               .
            
          
           
             
               La.
               
            
             
               Seeing
               also
               all
               Judges
               ought
               to
               give
               their
               Sentence
               according
               to
               Equity
               ;
               if
               it
               should
               chance
               that
               a
               Written
               Law
               should
               be
               against
               the
               Law
               of
               Reason
               ,
               which
               is
               Equity
               ,
               I
               cannot
               Imagine
               in
               that
               Case
               how
               any
               Judgment
               can
               be
               Righteous
               .
            
          
           
             
               Ph.
               
            
             
               It
               cannot
               be
               that
               a
               Written
               Law
               should
               be
               against
               Reason
               :
               For
               nothing
               is
               more
               reasonable
               than
               that
               every
               Man
               should
               obey
               the
               Law
               ,
               which
               he
               hath
               himself
               assented
               to
               ;
               but
               that
               is
               not
               always
               the
               Law
               which
               is
               signified
               by
               Grammatical
               Construction
               of
               the
               Letter
               ,
               but
               that
               which
               the
               Legislator
               thereby
               intended
               should
               be
               in
               Force
               ;
               which
               Intention
               ,
               I
               Confess
               ,
               is
               a
               very
               hard
               matter
               many
               times
               to
               pick
               out
               of
               the
               words
               of
               the
               Statute
               ,
               and
               requires
               great
               Ability
               
               of
               understanding
               ,
               and
               greater
               Meditations
               ,
               and
               Considerations
               of
               such
               Conjuncture
               of
               occasions
               ,
               and
               Incommodities
               as
               needed
               a
               new
               Law
               for
               a
               Remedy
               ;
               for
               there
               is
               scarce
               any
               thing
               so
               clearly
               written
               ,
               that
               when
               the
               Cause
               thereof
               is
               forgotten
               ,
               may
               not
               be
               wrested
               by
               an
               ignorant
               Grammarian
               ,
               or
               a
               Cavilling
               Logician
               ,
               to
               the
               Injury
               ,
               Oppression
               ,
               or
               perhaps
               Destruction
               of
               an
               honest
               Man.
               And
               for
               this
               Reason
               ,
               the
               Judges
               deserve
               that
               Honour
               and
               Profit
               they
               enjoy
               ;
               since
               the
               Determination
               of
               what
               particular
               Causes
               every
               particular
               Court
               should
               have
               Cognizance
               ,
               is
               a
               thing
               not
               yet
               sufficiently
               explained
               ,
               and
               is
               in
               it self
               so
               difficult
               ,
               as
               that
               the
               Sages
               of
               the
               Law
               themselves
               (
               the
               Reason
               Sir
               
                 Edw.
                 Coke
              
               will
               leave
               to
               Law
               it self
               )
               are
               not
               yet
               agreed
               upon
               it
               ;
               how
               is
               it
               possible
               for
               a
               Man
               that
               is
               no
               professed
               ,
               or
               no
               profound
               Lawyer
               ,
               to
               take
               notice
               in
               what
               Court
               he
               may
               Lawfully
               begin
               his
               Suit
               ,
               or
               give
               Council
               in
               it
               to
               his
               Client
               ?
            
          
           
             
               La.
               
            
             
               I
               confess
               that
               no
               Man
               can
               be
               bound
               to
               take
               notice
               of
               the
               Jurisdiction
               of
               Courts
               ,
               till
               all
               the
               Courts
               be
               agreed
               upon
               it
               amongst
               themselves
               ;
               but
               what
               Rule
               to
               give
               Judgment
               by
               a
               Judge
               can
               have
               ,
               so
               as
               never
               to
               contradict
               the
               Law
               written
               ,
               nor
               displease
               his
               Legislator
               I
               understand
               not
               .
            
          
           
             
               Ph.
               
            
             
               I
               think
               he
               may
               avoid
               both
               ,
               if
               he
               take
               care
               by
               his
               Sentence
               ,
               that
               he
               neither
               
               punish
               an
               Innocent
               ,
               nor
               deprive
               him
               of
               his
               ●ammages
               due
               from
               one
               that
               maliciously
               ●●eth
               him
               without
               reasonable
               Cause
               ,
               which
               ●o
               the
               most
               of
               Rational
               Men
               ,
               and
               unbiassed
               ●s
               not
               ,
               in
               my
               Opinion
               ,
               very
               difficult
               .
               And
               though
               a
               Judge
               should
               (
               as
               all
               Men
               may
               do
               )
               Erre
               in
               his
               Judgment
               ,
               yet
               there
               is
               always
               such
               power
               in
               the
               Laws
               of
               England
               ,
               as
               may
               content
               the
               Parties
               ,
               either
               in
               the
               Chancery
               ,
               or
               by
               Commissioners
               of
               their
               own
               choosing
               ,
               Authorized
               by
               the
               King
               ;
               for
               every
               Man
               ●s
               bound
               to
               acquiesce
               in
               the
               Sentence
               of
               the
               Judges
               he
               chooseth
               .
            
          
           
             
               La.
               
            
             
               In
               what
               Cases
               can
               the
               true
               Construction
               of
               the
               Letter
               be
               contrary
               to
               the
               meaning
               of
               the
               Lawmaker
               ?
            
          
           
             
               Ph.
               
            
             
               Very
               many
               ,
               whereof
               Sir
               
                 Edw.
                 Coke
              
               nameth
               3
               ,
               Fraud
               ,
               Accident
               ,
               and
               Breach
               of
               Confidence
               ;
               but
               there
               be
               many
               more
               ;
               for
               there
               be
               a
               very
               great
               many
               reasonable
               Exceptions
               almost
               to
               every
               General
               Rule
               ,
               which
               the
               makers
               of
               the
               Rule
               could
               not
               foresee
               ;
               and
               very
               many
               words
               in
               every
               Statute
               ,
               especially
               long
               ones
               ,
               that
               are
               ,
               as
               to
               Grammar
               ,
               of
               Ambiguous
               signification
               ,
               and
               yet
               to
               them
               that
               know
               well
               ,
               to
               what
               end
               the
               Statute
               was
               made
               ,
               perspicuous
               enough
               ;
               and
               many
               Connections
               of
               doubtful
               reference
               ,
               which
               by
               a
               Grammarian
               may
               be
               Cavill'd
               at
               ,
               though
               the
               Intention
               of
               the
               Lawmaker
               be
               never
               so
               perspicuous
               .
               And
               these
               are
               the
               difficulties
               
               which
               the
               Judges
               ought
               to
               Master
               ,
               and
               can
               do
               it
               in
               respect
               of
               their
               Ability
               for
               which
               they
               are
               chosen
               ,
               as
               well
               as
               can
               be
               hoped
               for
               ;
               and
               yet
               there
               are
               other
               Men
               can
               do
               the
               same
               ,
               or
               else
               the
               Judges
               places
               could
               not
               be
               from
               time
               to
               time
               supplyed
               .
               The
               Bishops
               commonly
               are
               the
               most
               able
               and
               rational
               Men
               ,
               and
               obliged
               by
               their
               profession
               to
               Study
               Equity
               ,
               because
               it
               is
               the
               Law
               of
               God
               ,
               and
               are
               therefore
               capable
               of
               being
               Judges
               in
               a
               Court
               of
               Equity
               .
               They
               are
               the
               Men
               that
               teach
               the
               People
               what
               is
               Sin
               ;
               that
               is
               to
               say
               ,
               they
               are
               the
               Doctors
               in
               Cases
               of
               Conscience
               .
               What
               reason
               then
               can
               you
               shew
               me
               ,
               why
               it
               is
               unfit
               ,
               and
               hurtful
               to
               the
               Common-wealth
               ,
               that
               a
               Bishop
               should
               be
               a
               Chancellor
               ,
               as
               they
               were
               most
               often
               before
               the
               time
               of
               Hen.
               8.
               and
               since
               that
               time
               once
               in
               the
               Raign
               of
               King
               James
               ?
            
          
           
             
               La.
               
            
             
               But
               Sir
               Ed.
               says
               ,
               that
               soon
               after
               that
               a
               Chancellor
               was
               made
               ,
               which
               was
               no
               Professor
               of
               the
               Law
               ,
               he
               finds
               in
               the
               Rolls
               of
               the
               Parliament
               a
               grievous
               Complaint
               by
               the
               whole
               Body
               of
               the
               Realm
               ,
               and
               a
               Petition
               that
               the
               most
               wise
               and
               able
               Men
               within
               the
               Realm
               might
               be
               chosen
               Chancellors
               .
            
          
           
             
               Ph.
               
            
             
               That
               Petition
               was
               Reasonable
               ,
               but
               it
               does
               not
               say
               which
               are
               Abler
               Men
               ,
               the
               Judges
               of
               the
               Common
               Law
               ,
               or
               the
               Bishops
               .
            
          
           
             
             
               La.
               
            
             
               That
               is
               not
               the
               great
               Question
               as
               to
               the
               Ability
               of
               a
               Judge
               ;
               both
               of
               one
               ,
               and
               the
               other
               there
               are
               Able
               Men
               in
               their
               own
               way
               ;
               but
               when
               a
               Judge
               of
               Equity
               has
               need
               ,
               almost
               in
               every
               Case
               ,
               to
               consider
               as
               well
               the
               Statute-Law
               ,
               as
               the
               Law
               of
               Reason
               ,
               he
               cannot
               perform
               his
               Office
               perfectly
               ,
               unless
               he
               be
               also
               ready
               in
               the
               Statutes
               .
            
          
           
             
               Ph.
               
            
             
               I
               see
               no
               great
               need
               he
               has
               to
               be
               ready
               in
               the
               Statutes
               ;
               in
               the
               hearing
               of
               a
               Cause
               do
               the
               Judges
               of
               the
               Common-Law
               Inform
               the
               Council
               at
               the
               Bar
               what
               the
               Statute
               is
               ,
               or
               the
               Council
               the
               Judges
               ?
            
          
           
             
               La.
               
            
             
               The
               Council
               Inform
               the
               Judges
               .
            
          
           
             
               Ph.
               
            
             
               Why
               may
               they
               not
               as
               well
               Inform
               the
               Chancellor
               ?
               Unless
               you
               will
               say
               ,
               that
               a
               Bishop
               understands
               not
               as
               well
               as
               a
               Lawyer
               what
               is
               sense
               ,
               when
               he
               hears
               it
               Read
               in
               English.
               No
               ;
               no
               ;
               both
               the
               one
               ,
               and
               the
               other
               are
               able
               enough
               ,
               but
               to
               be
               able
               enough
               is
               not
               enough
               ;
               when
               ,
               not
               the
               difficulty
               of
               the
               Case
               only
               ,
               but
               also
               the
               Passion
               of
               the
               Judge
               is
               to
               be
               Conquer'd
               .
               I
               forgot
               to
               tell
               you
               of
               the
               Statute
               of
               the
               36
               
                 Edw.
                 3.
                 cap.
              
               9.
               
               That
               if
               any
               Person
               think
               himself
               grieved
               contrary
               to
               any
               of
               the
               Articles
               above
               Written
               ,
               or
               others
               contained
               in
               divers
               Statutes
               ,
               will
               come
               to
               the
               Chancery
               ,
               or
               any
               for
               him
               ,
               and
               thereof
               make
               his
               Complaint
               ,
               he
               shall
               presently
               there
               have
               Remedy
               by
               force
               of
               the
               said
               Articles
               ,
               and
               Statutes
               ,
               without
               elsewhere
               
               pursuing
               to
               have
               Remedy
               .
               By
               the
               words
               of
               this
               Statute
               it
               is
               very
               apparent
               ,
               in
               my
               opinion
               ,
               that
               the
               Chancery
               may
               hold
               Plea
               upon
               the
               Complaint
               of
               the
               Party
               grieved
               ,
               in
               any
               Case
               Tryable
               at
               the
               Common-Law
               ,
               because
               the
               party
               shall
               have
               present
               Remedy
               in
               that
               Court
               ,
               by
               force
               of
               this
               Act
               ,
               without
               pursuing
               for
               Remedy
               elsewhere
               .
            
          
           
             
               La.
               
            
             
               Yes
               ;
               but
               Sir
               
                 Edw.
                 Coke
              
               Answers
               this
               Objection
               ,
               4
               Inst.
               p.
               82.
               in
               this
               manner
               .
               These
               words
               ,
               says
               he
               ,
               
                 He
                 shall
                 have
                 Remedy
              
               ,
               signifie
               no
               more
               but
               that
               he
               shall
               have
               presently
               there
               a
               remedial
               Writ
               grounded
               upon
               those
               Statutes
               to
               give
               him
               Remedy
               at
               the
               Common-Law
               .
            
          
           
             
               Ph.
               
            
             
               Very
               like
               Sir
               
                 Edw.
                 Coke
              
               thought
               as
               soon
               as
               the
               Party
               had
               his
               Writ
               ,
               he
               had
               his
               Remedy
               ,
               though
               he
               kept
               the
               Writ
               in
               his
               Pocket
               ,
               without
               pursuing
               his
               Complaint
               elsewhere
               ;
               or
               else
               he
               thought
               ,
               that
               in
               the
               Common-Bench
               was
               not
               elsewhere
               than
               in
               the
               Chancery
               .
            
          
           
             
               La.
               
            
             
               Then
               there
               is
               the
               Court
               of
               —
            
          
           
             
               Ph.
               
            
             
               Let
               us
               stop
               here
               ;
               for
               this
               which
               you
               have
               said
               satisfies
               me
               ,
               that
               seek
               no
               more
               than
               to
               distinguish
               between
               Justice
               ,
               and
               Equity
               ;
               and
               from
               it
               I
               Conclude
               ,
               that
               Justice
               fulfils
               the
               Law
               ,
               and
               Equity
               Interprets
               the
               Law
               ;
               and
               amends
               the
               Judgments
               given
               upon
               the
               same
               Law
               :
               Wherein
               I
               depart
               not
               much
               from
               the
               Definition
               of
               Equity
               ,
               cited
               
               in
               Sir
               
                 Edw.
                 Coke
                 ,
                 1
                 Inst.
                 Sect.
                 21.
                 viz.
              
               Equity
               is
               a
               certain
               perfect
               Reason
               that
               Interpreteth
               ,
               and
               Amendeth
               the
               Law
               Written
               ;
               though
               I
               Construe
               it
               a
               little
               otherwise
               than
               he
               would
               have
               done
               ;
               for
               no
               one
               can
               mend
               a
               Law
               but
               he
               that
               can
               make
               it
               ,
               and
               therefore
               I
               say
               not
               it
               amends
               the
               Law
               ,
               but
               the
               Judgments
               only
               when
               they
               are
               Erroneous
               .
               And
               now
               let
               us
               Consider
               of
               Crimes
               in
               particular
               (
               the
               Pleas
               whereof
               are
               commonly
               called
               the
               Pleas
               of
               the
               Crown
               )
               and
               of
               the
               punishments
               belonging
               to
               them
               ;
               and
               first
               of
               the
               Highest
               Crime
               of
               all
               which
               is
               High
               Treason
               .
               Tell
               me
               what
               is
               High
               Treason
               .
            
          
        
         
           
             Of
             Crimes
             Capital
             .
          
           
             
               La.
               
            
             
               
                 THe
                 first
                 Statute
                 that
                 declareth
                 what
                 is
                 High
                 Treason
                 ,
                 is
                 the
                 Statute
                 of
                 the
              
               25
               Edw.
               3.
               
                 in
                 these
                 words
              
               .
               Whereas
               divers
               Opinions
               have
               been
               before
               this
               time
               ,
               in
               what
               Case
               Treason
               shall
               be
               said
               ,
               and
               in
               what
               not
               ;
               the
               King
               ,
               at
               the
               Request
               of
               the
               Lords
               ,
               and
               of
               the
               Commons
               ,
               hath
               made
               Declaration
               in
               the
               manner
               as
               hereafter
               follows
               ;
               That
               is
               to
               say
               ,
               when
               a
               Man
               doth
               Compass
               ,
               or
               Imagine
               the
               Death
               of
               our
               Lord
               the
               King
               ,
               of
               our
               Lady
               the
               Queen
               ,
               or
               of
               their
               Eldest
               Son
               and
               Heir
               ;
               or
               if
               a
               Man
               doth
               violate
               the
               Kings
               Companion
               ,
               or
               the
               Kings
               Eldest
               Daughter
               unmarried
               ,
               or
               the
               Wife
               of
               the
               Kings
               Eldest
               Son
               and
               Heir
               ;
               
               or
               if
               a
               Man
               do
               Levy
               War
               against
               our
               Lord
               the
               King
               in
               his
               Realm
               ,
               or
               be
               adherent
               to
               the
               Kings
               Enemies
               in
               his
               Realm
               ,
               giving
               to
               them
               Aid
               ,
               and
               Comfort
               in
               the
               Realm
               ,
               or
               elsewhere
               ,
               and
               thereof
               be
               provably
               Attainted
               by
               open
               Deed
               ,
               by
               People
               of
               their
               Condition
               .
               And
               if
               a
               Man
               Counterfeit
               the
               Kings
               Great
               ,
               or
               Privy-Seal
               ,
               or
               his
               Money
               .
               And
               if
               a
               Man
               bring
               false
               Money
               into
               this
               Realm
               Counterfeit
               to
               the
               Money
               of
               England
               ,
               as
               the
               Money
               called
               Lushburgh
               ,
               or
               other
               like
               to
               the
               said
               Money
               of
               England
               ,
               knowing
               the
               Money
               to
               be
               false
               ,
               to
               Merchandize
               ,
               and
               make
               payment
               in
               deceit
               of
               our
               said
               Lord
               the
               King
               ,
               and
               of
               his
               People
               .
               And
               if
               a
               Man
               slay
               the
               Chancellor
               ,
               Treasurer
               ,
               or
               the
               Kings
               Justices
               of
               the
               one
               Bench
               ,
               or
               the
               other
               ,
               Justices
               in
               Eyre
               ,
               or
               Justices
               of
               Assises
               ,
               and
               all
               other
               Justices
               Assigned
               to
               Hear
               ,
               and
               Determine
               ,
               being
               in
               their
               Places
               ,
               and
               doing
               their
               Offices
               .
               And
               is
               to
               be
               understood
               in
               the
               Cases
               above
               rehearsed
               ,
               that
               That
               ought
               to
               be
               adjudged
               Treason
               ,
               which
               extends
               to
               our
               Royal
               Lord
               the
               King
               ,
               and
               his
               Royal
               Majesty
               ,
               and
               of
               such
               Treason
               the
               Forfeiture
               of
               the
               Escheats
               pertains
               to
               our
               Lord
               the
               King
               ,
               as
               well
               the
               Lands
               and
               Tenements
               holden
               of
               others
               as
               himself
               .
               And
               moreover
               there
               is
               another
               manner
               of
               Treason
               ;
               that
               is
               to
               say
               ,
               when
               a
               Servant
               Slayeth
               his
               Master
               ,
               or
               a
               Wife
               her
               Husband
               ;
               or
               when
               a
               Man
               Secular
               ,
               or
               Religious
               slayeth
               his
               Prelate
               ,
               to
               whom
               he
               oweth
               Faith
               ,
               and
               Obedience
               ;
               and
               of
               
               such
               Treason
               the
               Escheats
               ought
               to
               pertain
               to
               every
               Lord
               of
               his
               own
               Fee.
               And
               because
               many
               other
               like
               Cases
               of
               Treason
               may
               happen
               in
               time
               to
               come
               ,
               which
               a
               Man
               cannot
               think
               ,
               nor
               declare
               at
               this
               present
               time
               ,
               it
               is
               accorded
               ,
               that
               if
               any
               Case
               supposed
               Treason
               ,
               which
               is
               not
               above
               specified
               ,
               doth
               happen
               before
               any
               Justices
               ,
               the
               Justices
               shall
               tarry
               without
               giving
               any
               Judgment
               of
               the
               Treason
               till
               the
               Cause
               be
               shewed
               ,
               and
               declared
               before
               the
               King
               and
               his
               Parliament
               ,
               whether
               it
               ought
               to
               be
               adjudged
               Treason
               ,
               or
               other
               Felony
               .
            
          
           
             
               Ph.
               
            
             
               I
               desir'd
               to
               understand
               what
               Treason
               is
               ,
               wherein
               no
               Enumeration
               of
               Facts
               can
               give
               me
               satisfaction
               .
               Treason
               is
               a
               Crime
               of
               it self
               ,
               
                 Malum
                 in
                 se
              
               ,
               and
               therefore
               a
               Crime
               at
               the
               Common-Law
               ,
               and
               High
               Treason
               the
               Highest
               Crime
               at
               the
               Common-Law
               that
               can
               be
               :
               And
               therefore
               not
               the
               Statute
               only
               ,
               but
               Reason
               without
               a
               Statute
               makes
               it
               a
               Crime
               .
               And
               this
               appears
               by
               the
               Preamble
               ,
               where
               it
               is
               intimated
               ,
               that
               all
               Men
               ,
               though
               of
               divers
               Opinions
               did
               Condemn
               it
               by
               the
               name
               of
               Treason
               ,
               though
               they
               knew
               not
               what
               Treason
               meant
               ,
               but
               were
               forced
               to
               request
               the
               King
               to
               determine
               it
               .
               That
               which
               I
               desire
               to
               know
               is
               ,
               how
               Treason
               might
               have
               been
               defined
               without
               the
               Statute
               ,
               by
               a
               Man
               that
               has
               no
               other
               faculty
               to
               make
               a
               Definition
               of
               it
               ,
               than
               by
               meer
               Natural
               Reason
               .
            
          
           
             
             
               La.
               
            
             
               When
               none
               of
               the
               Lawyers
               have
               done
               it
               ,
               you
               are
               not
               to
               expect
               that
               I
               should
               undertake
               it
               on
               such
               a
               sudden
               .
            
          
           
             
               Ph.
               
            
             
               You
               know
               that
               
                 Salus
                 Populi
              
               is
               
                 Suprema
                 Lex
              
               ;
               that
               is
               to
               say
               ,
               the
               safety
               of
               the
               People
               ,
               is
               the
               highest
               Law
               ;
               and
               that
               the
               safety
               of
               the
               People
               of
               a
               Kingdom
               consisteth
               in
               the
               safety
               of
               the
               King
               ,
               and
               of
               the
               strength
               necessary
               to
               defend
               his
               People
               ,
               both
               against
               Forraign
               Enemies
               ,
               and
               Rebellious
               Subjects
               .
               And
               from
               this
               I
               infer
               ,
               that
               to
               Compass
               (
               that
               is
               )
               to
               design
               the
               Death
               of
               the
               then
               present
               King
               ,
               was
               High
               Treason
               before
               the
               making
               of
               this
               Statute
               ,
               as
               being
               a
               Designing
               of
               a
               Civil
               War
               ,
               and
               the
               Destruction
               of
               the
               People
               .
               2.
               
               That
               the
               Design
               to
               Kill
               the
               Kings
               Wife
               ,
               or
               to
               violate
               her
               Chastity
               ,
               as
               also
               to
               violate
               the
               Chastity
               of
               the
               Kings
               Heir
               apparent
               ,
               or
               of
               his
               Eldest
               Daughter
               unmarryed
               ,
               as
               tending
               to
               the
               Destruction
               of
               the
               certainty
               of
               the
               Kings
               Issue
               ,
               and
               by
               Consequence
               by
               raising
               of
               Contentions
               about
               the
               Crown
               ,
               and
               Destruction
               of
               the
               People
               in
               Succeeding
               time
               by
               Civil
               War
               ,
               was
               therefore
               High
               Treason
               before
               this
               Statute
               .
               3.
               
               That
               to
               Levy
               war
               against
               the
               King
               within
               the
               Realm
               ,
               and
               Aiding
               the
               Kings
               Enemies
               ,
               either
               within
               ,
               or
               without
               the
               Realm
               ,
               are
               tending
               to
               the
               Kings
               Destruction
               ,
               or
               Disherison
               ,
               and
               was
               High
               Treason
               ,
               before
               this
               Statute
               by
               the
               Common-Law
               .
               4.
               
               That
               
               Counterfeiting
               the
               principal
               Seals
               of
               the
               Kingdom
               ,
               by
               which
               the
               King
               Governeth
               his
               People
               ,
               tendeth
               to
               the
               Confusion
               of
               Government
               ,
               and
               Consequently
               to
               the
               Destruction
               of
               the
               People
               ,
               and
               was
               therefore
               Treason
               before
               the
               Statute
               .
               5.
               
               If
               a
               Souldier
               design
               the
               Killing
               of
               his
               General
               ,
               or
               other
               Officer
               in
               time
               of
               Battel
               ,
               or
               a
               Captain
               Hover
               doubtfully
               with
               his
               Troops
               ,
               with
               intention
               to
               gain
               the
               Favour
               of
               him
               that
               shall
               chance
               to
               get
               the
               Victory
               ,
               it
               tendeth
               to
               the
               Destruction
               both
               of
               King
               ,
               and
               People
               ,
               whether
               the
               King
               be
               present
               ,
               or
               absent
               ,
               and
               was
               High
               Treason
               before
               the
               Statute
               .
               6.
               
               If
               any
               Man
               had
               Imprisoned
               the
               Kings
               Person
               ,
               he
               had
               made
               him
               incapable
               of
               Defending
               his
               People
               ,
               and
               was
               therefore
               High
               Treason
               before
               the
               Statute
               .
               7.
               
               If
               any
               Man
               had
               ,
               with
               design
               to
               raise
               Rebellion
               against
               the
               King
               ,
               Written
               ,
               or
               by
               words
               advisedly
               uttered
               ,
               denyed
               the
               King
               Regnant
               to
               be
               their
               Lawful
               King
               ,
               he
               that
               wrought
               ,
               Preached
               ,
               or
               spoke
               such
               words
               ,
               living
               then
               under
               the
               Protection
               of
               the
               Kings
               Laws
               ,
               it
               had
               been
               High
               Treason
               before
               the
               Statute
               for
               the
               Reasons
               aforesaid
               .
               And
               perhaps
               there
               may
               be
               some
               other
               Cases
               upon
               this
               Statute
               ,
               which
               I
               cannot
               presently
               think
               upon
               ;
               but
               the
               Killing
               of
               a
               Justice
               ,
               or
               other
               Officer
               as
               is
               determin'd
               by
               the
               Statute
               ,
               is
               not
               otherwise
               High
               Treason
               ,
               but
               by
               the
               Statute
               .
               And
               to
               
               distinguish
               that
               which
               is
               Treason
               by
               the
               Common-Law
               ,
               from
               all
               other
               Inferior
               Crimes
               ;
               we
               are
               to
               Consider
               ,
               that
               if
               such
               High
               Treason
               should
               take
               effect
               ,
               it
               would
               destroy
               all
               Laws
               at
               once
               ;
               and
               being
               done
               by
               a
               Subject
               ,
               't
               is
               a
               return
               to
               Hostility
               by
               Treachery
               ;
               and
               consequently
               ,
               such
               as
               are
               Traytors
               may
               by
               the
               Law
               of
               Reason
               be
               dealt
               withal
               ,
               as
               Ignoble
               and
               Treacherous
               Enemies
               ;
               but
               the
               greatest
               of
               other
               Crimes
               ,
               for
               the
               most
               part
               ;
               are
               breaches
               of
               one
               only
               ,
               or
               at
               least
               of
               very
               few
               Laws
               .
            
          
           
             
               La.
               
            
             
               Whether
               this
               you
               say
               be
               true
               ,
               or
               false
               ,
               the
               Law
               is
               now
               unquestionable
               by
               a
               Statute
               made
               in
               1
               and
               2
               of
               Queen
               Mary
               ,
               whereby
               there
               is
               nothing
               to
               be
               esteemed
               Treason
               ,
               besides
               those
               few
               Offences
               specially
               mentioned
               in
               the
               Act
               of
               25
               Ed.
               3.
               
            
          
           
             
               Ph.
               
            
             
               Amongst
               these
               great
               Crimes
               the
               greatest
               is
               that
               which
               is
               Committed
               by
               one
               that
               has
               been
               trusted
               ,
               and
               loved
               by
               him
               whose
               Death
               he
               so
               designeth
               :
               For
               a
               Man
               cannot
               well
               take
               heed
               of
               those
               ,
               whom
               he
               thinks
               he
               hath
               obliged
               ,
               whereas
               an
               open
               Enemy
               gives
               a
               Man
               warning
               before
               he
               Acteth
               .
               And
               this
               it
               is
               for
               which
               the
               Statute
               hath
               declared
               ,
               that
               it
               is
               another
               kind
               of
               Treason
               ,
               when
               a
               Servant
               killeth
               his
               Master
               ,
               or
               Mistress
               ,
               or
               a
               Wife
               killeth
               her
               Husband
               ,
               or
               a
               Clerk
               killeth
               his
               Prelate
               ;
               and
               I
               should
               think
               it
               petty
               Treason
               also
               ,
               though
               it
               be
               
               not
               within
               the
               words
               of
               the
               Statute
               ;
               when
               a
               Tenant
               in
               Fee
               ,
               that
               holdeth
               by
               Homage
               ,
               and
               Fealty
               ,
               shall
               kill
               the
               Lord
               of
               his
               Fee
               ;
               for
               Fealty
               is
               an
               Oath
               of
               Allegiance
               to
               the
               Lord
               of
               the
               Fee
               ;
               saving
               he
               may
               not
               keep
               his
               Oath
               in
               any
               thing
               Sworn
               to
               ,
               if
               it
               be
               against
               the
               King.
               For
               Homage
               ,
               as
               it
               is
               expressed
               in
               a
               Statute
               of
               17
               Edw.
               2.
               is
               the
               greatest
               submission
               that
               is
               possible
               to
               be
               made
               to
               one
               Man
               by
               another
               ;
               for
               the
               Tenant
               shall
               hold
               his
               Hands
               together
               between
               the
               Hands
               of
               his
               Landlord
               ,
               and
               shall
               say
               thus
               ;
               I
               become
               your
               Man
               from
               this
               day
               forth
               for
               Life
               ,
               for
               Member
               and
               for
               Worldly
               Honour
               ,
               and
               shall
               owe
               that
               my
               Faith
               for
               the
               Lands
               that
               I
               shall
               hold
               of
               you
               ,
               saving
               the
               Faith
               that
               I
               owe
               unto
               our
               Soveraign
               Lord
               the
               King
               ,
               and
               to
               many
               other
               Lords
               :
               Which
               Homage
               ,
               if
               made
               to
               the
               King
               ,
               is
               Equivalent
               to
               a
               promise
               of
               simple
               obedience
               ,
               and
               if
               made
               to
               another
               Lord
               ,
               there
               is
               nothing
               excepted
               but
               the
               Allegiance
               to
               the
               King
               ;
               and
               that
               which
               is
               called
               Fealty
               ,
               is
               but
               the
               same
               Confirmed
               by
               an
               Oath
               .
            
          
           
             
               La.
               
            
             
               But
               Sir
               
                 Edw.
                 Coke
                 ,
                 4
                 Inst.
              
               p.
               11.
               denies
               that
               a
               Traytor
               is
               in
               Legal
               understanding
               the
               Kings
               Enemy
               ;
               for
               Enemies
               (
               saith
               he
               )
               be
               those
               that
               be
               out
               of
               the
               Allegiance
               of
               the
               King
               ;
               and
               his
               Reason
               is
               ;
               because
               ,
               if
               a
               Subject
               joyn
               with
               a
               Forraign
               Enemy
               ,
               and
               come
               into
               England
               with
               him
               ,
               and
               be
               taken
               Prisoner
               
               here
               ,
               he
               shall
               not
               be
               Ransomed
               ,
               or
               proceeded
               with
               as
               an
               Enemy
               shall
               ,
               but
               he
               shall
               be
               taken
               as
               a
               Traytor
               to
               the
               King.
               Whereas
               an
               Enemy
               coming
               in
               open
               Hostility
               ,
               and
               taken
               ,
               shall
               either
               be
               Executed
               by
               Martial-Law
               ,
               or
               Ransomed
               ;
               for
               he
               cannot
               be
               Indicted
               of
               Treason
               ,
               for
               that
               he
               never
               was
               in
               the
               Protection
               and
               Ligeance
               of
               the
               King
               ,
               and
               the
               Indictment
               of
               the
               Treason
               saith
               ,
               
                 Contra
                 Ligeantiam
                 suam
                 debitam
              
               .
            
          
           
             
               Ph.
               
            
             
               This
               is
               not
               an
               Argument
               worthy
               of
               the
               meanest
               Lawyer
               .
               Did
               Sir
               
                 Edw.
                 Coke
              
               .
               think
               it
               is
               possible
               for
               a
               King
               Lawfully
               to
               kill
               a
               Man
               ,
               by
               what
               Death
               soever
               without
               an
               Indictment
               ,
               when
               it
               is
               manifestly
               proved
               he
               was
               his
               open
               Enemy
               ?
               Indictment
               is
               a
               form
               of
               Accusation
               peculiar
               to
               England
               ,
               by
               the
               Command
               of
               some
               King
               of
               England
               ,
               and
               retained
               still
               ,
               and
               therefore
               a
               Law
               to
               this
               Country
               of
               England
               ;
               but
               if
               it
               were
               not
               Lawful
               to
               put
               a
               Man
               to
               Death
               otherwise
               than
               by
               an
               Indictment
               no
               Enemy
               could
               be
               put
               to
               Death
               at
               all
               in
               other
               Nations
               ,
               because
               they
               proceed
               not
               ,
               as
               we
               do
               ,
               by
               Indictment
               .
               Again
               ,
               when
               an
               open
               Enemy
               is
               taken
               and
               put
               to
               Death
               by
               Judgment
               of
               Martial-Law
               ;
               it
               is
               not
               the
               Law
               of
               the
               General
               or
               Council
               of
               War
               ,
               that
               an
               Enemy
               shall
               be
               thus
               proceeded
               with
               ,
               but
               the
               Law
               of
               the
               King
               contained
               in
               their
               Commissions
               ;
               such
               as
               from
               time
               to
               time
               the
               Kings
               have
               thought
               fit
               ,
               in
               
               whose
               Will
               it
               always
               resteth
               ,
               whether
               an
               open
               Enemy
               ,
               when
               he
               is
               taken
               ,
               shall
               be
               put
               to
               Death
               ,
               or
               no
               ,
               and
               by
               what
               Death
               ;
               and
               whether
               he
               shall
               be
               Ransomed
               ,
               or
               no
               ,
               and
               at
               what
               price
               ?
               Then
               for
               the
               Nature
               of
               Treason
               by
               Rebellion
               ;
               is
               it
               not
               a
               return
               to
               Hostility
               ?
               What
               else
               does
               Rebellion
               signifie
               ?
               William
               the
               Conqueror
               Subdued
               this
               Kingdom
               ;
               some
               he
               Killed
               ;
               some
               upon
               promise
               of
               future
               obedience
               he
               took
               to
               Mercy
               ,
               and
               they
               became
               his
               Subjects
               ,
               and
               swore
               Allegiance
               to
               him
               ;
               if
               therefore
               they
               renew
               the
               War
               against
               him
               ,
               are
               they
               not
               again
               open
               Enemies
               ;
               or
               if
               any
               of
               them
               lurking
               under
               his
               Laws
               ,
               seek
               occasion
               thereby
               to
               kill
               him
               ,
               secretly
               ,
               and
               come
               to
               be
               known
               ,
               may
               he
               not
               be
               proceeded
               against
               as
               an
               Enemy
               ,
               who
               though
               he
               had
               not
               Committed
               what
               he
               Design'd
               ,
               yet
               had
               certainly
               a
               Hostile
               Design
               ?
               Did
               not
               the
               long
               Parliament
               declare
               all
               those
               for
               Enemies
               to
               the
               State
               that
               opposed
               their
               Proceedings
               against
               the
               late
               King
               ?
               But
               Sir
               
                 Edw.
                 Coke
              
               does
               seldom
               well
               distinguish
               when
               there
               are
               two
               divers
               Names
               for
               one
               and
               the
               same
               thing
               ;
               though
               one
               contain
               the
               other
               ,
               he
               makes
               them
               always
               different
               ,
               as
               if
               it
               could
               not
               be
               that
               one
               and
               the
               same
               Man
               should
               be
               both
               an
               Enemy
               ,
               and
               a
               Traytor
               .
               But
               now
               let
               us
               come
               to
               his
               Comment
               upon
               this
               Statute
               ;
               The
               Statute
               says
               (
               as
               it
               is
               Printed
               in
               English
               )
               when
               a
               Man
               doth
               
               Compass
               ,
               or
               Imagine
               the
               Death
               of
               our
               Lord
               the
               King
               ,
               &c.
               
               What
               is
               the
               meaning
               of
               the
               word
               Compassing
               ,
               or
               Imagining
               ?
            
          
           
             
               La.
               
            
             
               On
               this
               place
               Sir
               
                 Edw.
                 Coke
              
               says
               ,
               that
               before
               the
               making
               of
               this
               Act
               ,
               
                 Voluntas
                 reputabatur
                 pro
                 facto
              
               ,
               the
               Will
               was
               taken
               for
               the
               Deed.
               And
               so
               saith
               
                 Bracton
                 ,
                 Spectatur
                 Voluntas
                 ,
                 &
                 non
                 Exitus
                 ;
                 &
                 nihil
                 interest
                 utrum
                 quis
                 occidat
                 ,
                 aut
                 causam
                 praebeat
              
               ;
               That
               is
               to
               say
               ,
               the
               Cause
               of
               the
               killing
               :
               Now
               Sir
               
                 Edw.
                 Coke
              
               says
               ,
               this
               was
               the
               Law
               before
               the
               Statute
               ;
               and
               that
               to
               be
               a
               Cause
               of
               the
               killing
               ,
               is
               to
               declare
               the
               same
               by
               some
               open
               Deed
               tending
               to
               the
               Execution
               of
               his
               Intent
               ,
               or
               which
               might
               be
               Cause
               of
               Death
               .
            
          
           
             
               Ph.
               
            
             
               Is
               there
               any
               English-man
               can
               understand
               ,
               that
               to
               Cause
               the
               Death
               of
               a
               Man
               ,
               and
               to
               declare
               the
               same
               is
               all
               one
               thing
               ?
               And
               if
               this
               were
               so
               ,
               and
               that
               such
               was
               the
               Common-Law
               before
               the
               Statute
               ,
               by
               what
               words
               in
               the
               Statute
               is
               it
               taken
               away
               ?
            
          
           
             
               La.
               
            
             
               It
               is
               not
               taken
               away
               ,
               but
               the
               manner
               how
               it
               must
               be
               prov'd
               is
               thus
               Determin'd
               ,
               that
               it
               must
               be
               prov'd
               by
               some
               open
               Deed
               ,
               as
               providing
               of
               Weapons
               ,
               Powder
               ,
               Poyson
               ,
               Assaying
               of
               Armour
               ,
               sending
               of
               Letters
               ,
               &c.
               
            
          
           
             
               Ph.
               
            
             
               But
               what
               is
               the
               Crime
               it self
               which
               this
               Statute
               maketh
               Treason
               ?
               For
               as
               I
               understand
               the
               words
               ,
               To
               Compass
               ,
               or
               Imagine
               the
               Kings
               Death
               ,
               &c.
               
               The
               Compassing
               
               (
               as
               it
               is
               in
               the
               English
               )
               is
               the
               only
               thing
               which
               is
               made
               High
               Treason
               ;
               so
               that
               not
               only
               the
               killing
               ,
               but
               the
               Design
               is
               made
               High
               Treason
               ;
               or
               as
               it
               is
               in
               the
               French
               Record
               ,
               
                 Fait
                 Compasser
              
               ;
               That
               is
               to
               say
               ,
               the
               causing
               of
               others
               to
               Compass
               ,
               or
               Design
               the
               Kings
               Death
               is
               High
               Treason
               ;
               and
               the
               words
               
                 par
                 overt
                 fait
              
               ,
               are
               not
               added
               as
               a
               specification
               of
               any
               Treason
               ,
               or
               other
               Crime
               ,
               but
               only
               of
               the
               Proof
               that
               is
               requir'd
               by
               the
               Law.
               Seeing
               then
               the
               Crime
               is
               the
               Design
               and
               Purpose
               to
               kill
               the
               King
               ,
               or
               cause
               him
               to
               be
               killed
               ,
               and
               lyeth
               hidden
               in
               the
               Breast
               of
               him
               that
               is
               Accused
               ;
               what
               other
               Proof
               can
               there
               be
               had
               of
               it
               than
               words
               Spoken
               or
               Written
               .
               And
               therefore
               if
               there
               be
               sufficient
               Witness
               ,
               that
               he
               by
               words
               Declared
               ,
               that
               he
               had
               such
               a
               Design
               ,
               there
               can
               be
               no
               Question
               ,
               but
               that
               he
               is
               Comprehended
               within
               this
               Statute
               :
               Sir
               
                 Edw.
                 Coke
              
               doth
               not
               deny
               ,
               but
               that
               if
               he
               Confess
               this
               Design
               ,
               either
               by
               Word
               ,
               or
               Writing
               ,
               but
               that
               he
               is
               within
               the
               Statute
               .
               As
               for
               that
               Common
               saying
               ,
               that
               bare
               words
               may
               make
               a
               Heretick
               ,
               but
               not
               a
               Traytor
               ,
               which
               Sir
               
                 Edw.
                 Coke
              
               on
               this
               occasion
               maketh
               use
               of
               ,
               they
               are
               to
               little
               purpose
               ;
               seeing
               that
               this
               Statute
               maketh
               not
               the
               words
               High
               Treason
               ,
               but
               the
               Intention
               ,
               whereof
               the
               words
               are
               but
               a
               Testimony
               :
               and
               that
               Common-saying
               is
               false
               as
               it
               is
               generally
               Pronounced
               ;
               for
               there
               were
               
               divers
               Statutes
               made
               afterwards
               ,
               though
               now
               expir'd
               ,
               which
               made
               bare
               words
               to
               be
               Treason
               without
               any
               other
               Deed
               :
               As
               ,
               1
               
                 El.
                 cap.
                 6.
                 
                 &
                 13.
                 
                 El.
                 cap.
              
               1.
               
               If
               a
               Man
               should
               Publickly
               Preach
               ,
               that
               the
               King
               were
               an
               Usurper
               ,
               or
               that
               the
               Right
               of
               the
               Crown
               belonged
               to
               any
               other
               than
               the
               King
               that
               Reigned
               ,
               there
               is
               no
               doubt
               but
               it
               were
               Treason
               ,
               not
               only
               within
               this
               Statute
               of
               E.
               3.
               but
               also
               within
               the
               Statute
               of
               1
               
                 Ed.
                 6.
                 c.
              
               12.
               which
               are
               both
               still
               in
               Force
               .
            
          
           
             
               La.
               
            
             
               Not
               only
               so
               ;
               but
               if
               a
               Subject
               should
               counsel
               any
               other
               Man
               to
               kill
               the
               King
               ,
               Queen
               ,
               or
               Heir
               apparent
               to
               the
               Crown
               ,
               it
               would
               at
               this
               day
               be
               Judged
               High
               Treason
               ;
               and
               yet
               it
               is
               no
               more
               than
               bare
               words
               .
               In
               the
               third
               year
               of
               King
               
                 James
                 ,
                 Henry
                 Garnet
              
               ,
               a
               Jesuit-Priest
               ,
               to
               whom
               some
               of
               the
               Gun-Powder
               Traytors
               had
               Revealed
               their
               design
               by
               way
               of
               Confession
               ,
               gave
               them
               Absolution
               ,
               without
               any
               Caution
               taken
               for
               their
               desisting
               from
               their
               purpose
               ,
               or
               other
               provision
               against
               the
               danger
               ,
               was
               therefore
               Condemned
               ,
               and
               Executed
               as
               a
               Traytor
               ,
               though
               such
               Absolution
               were
               nothing
               else
               but
               bare
               words
               .
               Also
               I
               find
               in
               the
               Reports
               of
               Sir
               
                 John
                 Davis
              
               ,
               Attorney-General
               for
               Ireland
               ;
               that
               in
               the
               time
               of
               King
               Henry
               the
               6th
               ,
               a
               Man
               was
               Condemned
               of
               Treason
               ,
               for
               saying
               the
               King
               was
               a
               Natural
               Fool
               ,
               and
               unfit
               to
               Govern
               ;
               but
               yet
               this
               Clause
               in
               the
               Statute
               
               of
               
                 Edw.
                 3.
                 viz.
              
               That
               the
               Compassing
               there
               mentioned
               ought
               to
               be
               proved
               by
               some
               
                 Overt
                 Act
              
               ,
               was
               by
               the
               Framers
               of
               the
               Statute
               ,
               not
               without
               great
               Wisdom
               ,
               and
               Providence
               inserted
               :
               For
               as
               Sir
               
                 Edw.
                 Coke
              
               very
               well
               observeth
               ,
               when
               Witnesses
               are
               Examin'd
               concerning
               words
               only
               ,
               they
               never
               or
               very
               rarely
               agree
               precisely
               about
               the
               words
               they
               Swear
               to
               .
            
          
           
             
               Ph.
               
            
             
               I
               deny
               not
               but
               that
               it
               was
               wisely
               enough
               done
               .
               But
               the
               Question
               is
               not
               here
               of
               the
               Treason
               (
               which
               is
               either
               Fact
               ,
               or
               design
               )
               but
               of
               the
               Proof
               ,
               which
               ,
               when
               it
               is
               doubtful
               ,
               is
               to
               be
               Judged
               by
               a
               Jury
               of
               12
               Lawful
               Men
               :
               Now
               whether
               think
               you
               is
               it
               a
               better
               Proof
               of
               a
               Mans
               Intention
               to
               kill
               ,
               that
               he
               declares
               that
               same
               with
               his
               own
               Mouth
               ,
               so
               as
               it
               may
               be
               Witnessed
               ,
               or
               that
               he
               provide
               Weapons
               ,
               Powder
               ,
               Poyson
               ,
               or
               Assay
               Arms
               ?
               If
               he
               utter
               his
               Design
               by
               words
               ,
               the
               Jury
               has
               no
               more
               to
               do
               than
               to
               consider
               the
               Legallity
               of
               the
               VVitnesses
               ,
               the
               Harmony
               of
               their
               Testimonies
               ,
               or
               whether
               the
               words
               were
               spoken
               advisedly
               ?
               For
               they
               might
               have
               been
               uttered
               in
               a
               Disputation
               for
               Exercise
               only
               ,
               or
               when
               he
               that
               spake
               them
               had
               not
               the
               use
               of
               Reason
               ,
               nor
               perhaps
               any
               Design
               ,
               or
               wish
               at
               all
               towards
               the
               Execution
               of
               what
               he
               talked
               of
               :
               But
               how
               a
               Jury
               from
               providing
               ,
               or
               buying
               of
               Armour
               ,
               or
               buying
               of
               Gun-Powder
               ,
               or
               from
               any
               other
               
               overt
               Act
               ,
               not
               Treason
               in
               it self
               ,
               can
               infer
               a
               Design
               of
               Murdering
               the
               King
               ,
               unless
               there
               appear
               some
               words
               also
               ,
               signifying
               to
               what
               end
               he
               made
               such
               Provision
               ,
               I
               cannot
               easily
               conceive
               .
               Therefore
               as
               the
               Jury
               on
               the
               whole
               matter
               VVords
               and
               Deeds
               shall
               ground
               their
               Judgment
               concerning
               Design
               ,
               or
               not
               Design
               ,
               so
               ,
               in
               Reason
               ,
               they
               ought
               to
               give
               Verdict
               .
               But
               to
               come
               to
               the
               Treason
               of
               Counterfeiting
               the
               Great
               ,
               or
               Privy-Seal
               ,
               seeing
               there
               are
               so
               many
               ways
               for
               a
               Cheating
               Fellow
               to
               make
               use
               of
               these
               Seals
               ,
               to
               the
               Cousening
               of
               the
               King
               ,
               and
               his
               People
               ;
               why
               are
               not
               all
               such
               abuses
               High-Treason
               ,
               as
               well
               as
               the
               making
               of
               a
               false
               Seal
               ?
            
          
           
             
               La.
               
            
             
               So
               they
               are
               :
               For
               Sir
               
                 Edw.
                 Coke
              
               produceth
               a
               Record
               of
               one
               that
               was
               Drawn
               ,
               and
               Hang'd
               for
               taking
               the
               Great
               Seal
               from
               an
               expir'd
               Patent
               ,
               and
               fastning
               it
               to
               a
               Counterfeit
               Commission
               to
               gather
               Money
               :
               But
               he
               approveth
               not
               the
               Judgment
               ,
               because
               it
               is
               the
               Judgment
               for
               Petty
               Treason
               ;
               also
               because
               the
               Jury
               did
               not
               find
               him
               Guilty
               of
               the
               Offence
               laid
               in
               the
               Indictment
               ,
               which
               was
               the
               Counterfeiting
               of
               the
               Great-Seal
               ,
               but
               found
               the
               special
               matter
               ,
               for
               which
               the
               Offender
               was
               Drawn
               ,
               and
               Hang'd
               .
            
          
           
             
               Ph.
               
            
             
               Seeing
               this
               Crime
               of
               taking
               the
               Great
               Seal
               from
               one
               VVriting
               ,
               and
               fastning
               it
               to
               another
               was
               not
               found
               High
               Treason
               by
               the
               
               Jury
               ,
               nor
               could
               be
               found
               upon
               special
               matter
               to
               be
               the
               other
               kind
               of
               Treason
               mentioned
               in
               the
               same
               Statute
               ;
               what
               ground
               had
               either
               the
               Jury
               to
               find
               it
               Treason
               ,
               or
               the
               Judge
               to
               pronounce
               Sentence
               upon
               it
               ?
            
          
           
             
               La.
               
            
             
               I
               cannot
               tell
               .
               Sir
               
                 Edw.
                 Coke
              
               seems
               to
               think
               it
               a
               false
               Record
               ;
               for
               hereupon
               he
               saith
               by
               way
               of
               Admonition
               to
               the
               Reader
               ,
               that
               hereby
               it
               appeareth
               how
               dangerous
               it
               is
               to
               Report
               a
               Case
               by
               the
               Ear.
               
            
          
           
             
               Ph.
               
            
             
               True
               ;
               but
               he
               does
               not
               make
               it
               apparent
               ,
               that
               this
               Case
               was
               untruly
               Reported
               ,
               but
               on
               the
               contrary
               confesseth
               ,
               that
               he
               had
               perused
               the
               same
               Record
               ;
               and
               a
               Man
               may
               (
               if
               it
               may
               be
               done
               without
               Proof
               of
               the
               Falsity
               )
               make
               the
               same
               Objection
               to
               any
               Record
               whatsoever
               .
               For
               my
               part
               ,
               seeing
               this
               Crime
               produced
               the
               same
               mischief
               that
               ariseth
               from
               Counterfeiting
               ,
               I
               think
               it
               reason
               to
               understand
               it
               as
               within
               the
               Statute
               :
               And
               for
               the
               Difference
               between
               the
               Punishments
               (
               which
               are
               both
               of
               them
               Capital
               )
               I
               thing
               it
               is
               not
               worthy
               to
               be
               stood
               upon
               ;
               seeing
               Death
               ,
               which
               is
               ,
               
                 Vltimum
                 supplicium
              
               ,
               is
               a
               satisfaction
               to
               the
               Law
               ;
               as
               Sir
               
                 Edw.
                 Coke
              
               himself
               hath
               in
               another
               place
               affirm'd
               .
               But
               let
               us
               now
               proceed
               to
               other
               Crimes
               .
            
          
           
             
               La.
               
            
             
               Appendent
               to
               this
               is
               another
               Crime
               called
               Misprision
               of
               Treason
               ;
               which
               is
               the
               Concealing
               of
               it
               by
               any
               Man
               that
               knows
               
               it
               ;
               and
               it
               is
               called
               Misprision
               from
               the
               
                 French
                 Mespriser
              
               ,
               which
               signifies
               to
               contemn
               ,
               or
               undervalue
               ;
               for
               it
               is
               no
               small
               Crime
               in
               any
               Subject
               ,
               so
               little
               to
               take
               to
               Heart
               a
               known
               danger
               to
               the
               Kings
               Person
               ,
               and
               Consequently
               ,
               to
               the
               whole
               Kingdom
               ,
               as
               not
               to
               discover
               not
               only
               what
               he
               knows
               ,
               but
               also
               what
               he
               suspecteth
               of
               the
               same
               ,
               that
               the
               Truth
               therefore
               may
               be
               Examin'd
               .
               But
               for
               such
               Discovery
               ,
               tho
               the
               thing
               prove
               false
               ,
               the
               Discoverer
               shall
               not
               ,
               as
               I
               think
               ,
               be
               taken
               for
               a
               false
               Accuser
               ;
               if
               for
               what
               he
               directly
               affirms
               ,
               he
               produce
               a
               reasonable
               Proof
               ,
               and
               some
               probability
               for
               his
               Suspition
               ;
               for
               else
               the
               Concealment
               will
               seem
               justifiable
               by
               the
               Interest
               ,
               which
               is
               to
               every
               Man
               allowed
               in
               the
               preservation
               of
               himself
               from
               pain
               and
               dammage
               .
            
          
           
             
               Ph.
               
            
             
               This
               I
               consent
               to
               .
            
          
           
             
               La.
               
            
             
               All
               other
               Crimes
               meerly
               Temporal
               are
               comprehended
               under
               Felony
               ,
               or
               Trespass
               .
            
          
           
             
               Ph.
               
            
             
               What
               is
               the
               meaning
               of
               the
               word
               Felony
               ?
               Does
               it
               signifie
               any
               thing
               that
               is
               in
               its
               own
               Nature
               a
               Crime
               ,
               or
               that
               only
               which
               is
               made
               a
               Crime
               by
               some
               Statute
               ?
               for
               I
               remember
               some
               Statutes
               that
               make
               it
               Felony
               to
               Transport
               Horses
               ,
               and
               some
               other
               things
               out
               of
               the
               Kingdom
               ;
               which
               Transportation
               before
               such
               Statutes
               made
               ,
               and
               after
               the
               Repealing
               of
               the
               same
               ,
               was
               no
               greater
               Crime
               than
               any
               other
               usual
               Traffick
               of
               a
               Merchant
               .
            
          
           
             
             
               La.
               
            
             
               Sir
               
                 Edw.
                 Coke
              
               derives
               the
               word
               Felony
               from
               the
               Latin
               word
               Fel
               ,
               the
               Gall
               of
               a
               living
               Creature
               ,
               and
               accordingly
               defines
               Felony
               to
               be
               an
               Act
               done
               
                 Animo
                 Felleo
              
               ;
               that
               is
               to
               say
               ,
               a
               Bitter
               a
               Cruel
               Act.
               
            
          
           
             
               Ph.
               
            
             
               Etymologies
               are
               no
               Definitions
               ,
               and
               yet
               when
               they
               are
               true
               they
               give
               much
               light
               towards
               the
               finding
               out
               of
               a
               Definition
               ;
               but
               this
               of
               Sir
               Edw.
               Coke's
               carries
               with
               it
               very
               little
               of
               Probability
               ;
               for
               there
               be
               many
               things
               made
               Felony
               by
               the
               Statute-Law
               ,
               that
               proceed
               not
               from
               any
               bitterness
               of
               mind
               at
               all
               ,
               and
               many
               that
               proceed
               from
               the
               contrary
               .
            
          
           
             
               La.
               
            
             
               This
               is
               matter
               for
               a
               Critick
               ,
               to
               be
               pickt
               out
               of
               the
               knowledge
               of
               History
               and
               Forraign
               Languages
               ,
               and
               you
               may
               perhaps
               know
               more
               of
               it
               than
               I
               do
               .
            
          
           
             
               Ph.
               
            
             
               All
               that
               I
               ,
               or
               ,
               I
               think
               ,
               any
               other
               can
               say
               in
               this
               matter
               will
               amount
               to
               no
               more
               than
               a
               reasonable
               Conjecture
               ,
               insufficient
               to
               sustain
               any
               point
               of
               Controversie
               in
               Law.
               The
               word
               is
               not
               to
               be
               found
               in
               any
               of
               the
               old
               Saxon
               Laws
               ,
               set
               forth
               by
               Mr.
               Lambert
               ,
               nor
               in
               any
               Statute
               Printed
               before
               that
               of
               
                 Magna
                 Charta
              
               ;
               there
               it
               is
               found
               .
               Now
               
                 Magna
                 Charta
              
               was
               made
               in
               the
               time
               of
               Hen.
               the
               3d
               ,
               Grand-Child
               to
               Hen.
               the
               2d
               ,
               Duke
               of
               Anjou
               ,
               a
               French-man
               born
               ,
               and
               bred
               in
               the
               Heart
               of
               France
               ,
               whose
               Language
               might
               very
               well
               retain
               many
               words
               
               of
               his
               Ancestors
               the
               German-Franks
               ,
               as
               ours
               doth
               of
               the
               German-Saxons
               ;
               as
               also
               many
               words
               of
               the
               Language
               of
               the
               Gaules
               ,
               as
               the
               Gaules
               did
               retain
               many
               words
               of
               the
               Greek
               Colonie
               planted
               at
               Marseilles
               .
               But
               certain
               it
               is
               the
               French
               Lawyers
               at
               this
               day
               use
               the
               word
               Felon
               ,
               just
               as
               our
               Lawyers
               use
               the
               same
               ;
               whereas
               the
               Common
               People
               of
               France
               use
               the
               word
               Filou
               in
               the
               same
               sence
               ;
               but
               Filou
               signifieth
               not
               the
               Man
               that
               hath
               committed
               such
               an
               Act
               ,
               as
               they
               call
               Felony
               ;
               but
               the
               Man
               that
               maketh
               it
               his
               Trade
               to
               maintain
               himself
               by
               the
               breaking
               and
               contemning
               of
               all
               Laws
               generally
               ;
               and
               comprehendeth
               all
               those
               unruly
               People
               called
               Cheaters
               ,
               Cut-purses
               ,
               Pick-locks
               ,
               Catch-Cloaks
               ,
               Coyners
               of
               false
               Money
               ,
               Forgers
               ,
               Thieves
               ,
               Robbers
               ,
               Murderers
               ,
               and
               whosoever
               make
               use
               of
               Iniquity
               on
               Land
               ,
               or
               Sea
               ,
               as
               a
               Trading
               ,
               or
               Living
               .
               The
               Greeks
               upon
               the
               Coast
               of
               Asia
               ,
               where
               Homer
               liv'd
               ,
               were
               they
               that
               Planted
               the
               Colony
               of
               Marseilles
               ;
               they
               had
               a
               word
               that
               signified
               the
               same
               with
               Felon
               ,
               which
               was
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               Filetes
               ,
               and
               this
               Filetes
               of
               Homer
               signifies
               properly
               the
               same
               that
               a
               Felon
               signifies
               with
               us
               :
               And
               therefore
               Homer
               makes
               Apollo
               to
               call
               Mercury
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               Fileteen
               ,
               and
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ;
               I
               insist
               not
               upon
               the
               truth
               of
               this
               Etymologie
               ;
               but
               it
               is
               certainly
               more
               rational
               than
               the
               
                 Animus
                 Felleus
              
               of
               Sir
               
                 Edw.
                 Coke
              
               .
               And
               for
               the
               matter
               
               it self
               it
               is
               manifest
               enough
               ,
               that
               which
               we
               now
               call
               Murder
               ,
               Robbery
               ,
               Theft
               ,
               and
               other
               practices
               of
               Felons
               ,
               are
               the
               same
               that
               we
               call
               Felony
               ,
               and
               Crimes
               in
               their
               own
               nature
               without
               the
               help
               of
               Statute
               .
               Nor
               is
               it
               the
               manner
               of
               punishment
               that
               distinguisheth
               the
               nature
               of
               one
               Crime
               from
               another
               ;
               but
               the
               mind
               of
               the
               Offender
               and
               the
               Mischief
               he
               intendeth
               ,
               considered
               together
               with
               the
               Circumstances
               of
               Person
               ,
               Time
               ,
               and
               Place
               .
            
          
           
             
               La.
               
            
             
               Of
               Felonies
               ,
               the
               Crime
               is
               Murder
               .
            
          
           
             
               Ph.
               
            
             
               And
               what
               is
               Murder
               ?
            
          
           
             
               La.
               
            
             
               Murder
               is
               the
               Killing
               of
               a
               Man
               upon
               Malice
               forethought
               ,
               as
               by
               a
               Weapon
               ,
               or
               by
               Poyson
               ,
               or
               any
               way
               ,
               if
               it
               be
               done
               ,
               upon
               Antecedent
               Meditation
               ,
               or
               thus
               ,
               Murder
               is
               the
               Killing
               of
               a
               Man
               in
               cold
               Blood.
               
            
          
           
             
               Ph.
               
            
             
               I
               think
               there
               is
               a
               good
               definition
               of
               Murder
               set
               down
               by
               Statute
               ,
               52
               
                 Hen.
                 3.
                 cap.
                 25.
              
               in
               these
               words
               :
               Murder
               from
               henceforth
               shall
               not
               be
               Judged
               before
               our
               Justices
               ,
               where
               it
               is
               found
               misfortune
               only
               ,
               but
               it
               shall
               take
               place
               in
               such
               as
               are
               slain
               by
               Felony
               .
               And
               Sir
               
                 Edw.
                 Coke
              
               Interpreting
               this
               Statute
               ,
               2
               Inst.
               p.
               148.
               saith
               ;
               That
               the
               mischief
               before
               this
               Statute
               was
               ,
               that
               he
               that
               Killed
               a
               Man
               by
               misfortune
               ,
               as
               by
               doing
               any
               Act
               that
               was
               not
               against
               Law
               ,
               and
               yet
               against
               his
               Intent
               ,
               if
               the
               Death
               of
               a
               Man
               ensued
               ,
               this
               was
               adjudged
               Murder
               .
               But
               I
               
               find
               no
               Proof
               that
               he
               alledgeth
               ,
               nor
               find
               I
               any
               such
               Law
               amongst
               the
               Laws
               of
               the
               Saxons
               ,
               set
               forth
               by
               Mr.
               Lambert
               .
               For
               the
               word
               ,
               it
               is
               (
               as
               Sir
               
                 Edw.
                 Coke
              
               noteth
               )
               old
               Saxon
               ,
               and
               amongst
               them
               it
               signified
               no
               more
               than
               a
               Man
               slain
               in
               the
               Field
               ,
               or
               other
               place
               ,
               the
               Author
               of
               his
               death
               not
               known
               .
               And
               according
               hereunto
               ,
               Bracton
               ,
               who
               lived
               in
               the
               time
               of
               
                 Magna
                 Charta
              
               ,
               defineth
               it
               fol.
               134
               ,
               thus
               ;
               Murder
               is
               the
               secret
               killing
               of
               a
               Man
               ,
               when
               none
               besides
               the
               killer
               ,
               and
               his
               Companions
               saw
               ,
               or
               knew
               it
               ;
               so
               that
               it
               was
               not
               known
               who
               did
               it
               ,
               nor
               fresh-suit
               could
               be
               made
               after
               the
               doer
               ;
               therefore
               every
               such
               killing
               was
               called
               Murder
               before
               it
               could
               be
               known
               whether
               it
               could
               be
               by
               Felony
               ,
               or
               not
               :
               For
               a
               Man
               may
               be
               found
               dead
               that
               kills
               himself
               ,
               or
               was
               Lawfully
               kill'd
               by
               another
               .
               This
               name
               of
               Murder
               came
               to
               be
               the
               more
               horrid
               ,
               when
               it
               was
               secretly
               done
               ,
               for
               that
               it
               made
               every
               Man
               to
               consider
               of
               their
               own
               danger
               ,
               and
               him
               that
               saw
               the
               dead
               Body
               to
               boggle
               at
               it
               ,
               as
               a
               Horse
               will
               do
               at
               a
               dead
               Horse
               ;
               and
               to
               prevent
               the
               same
               they
               had
               Laws
               in
               force
               to
               Amerce
               the
               Hundred
               where
               it
               was
               done
               ,
               in
               a
               sum
               defined
               by
               Law
               to
               be
               the
               Price
               of
               his
               Life
               :
               For
               in
               those
               dayes
               the
               lives
               of
               all
               sorts
               of
               Men
               were
               valued
               by
               Money
               ;
               and
               the
               value
               set
               down
               in
               their
               Written
               Laws
               .
               And
               therefore
               Sir
               
                 Edw.
                 Coke
              
               was
               mistaken
               in
               that
               he
               
               thought
               that
               killing
               a
               Man
               by
               misfortune
               before
               the
               Statute
               of
               Marlebridge
               was
               adjudged
               Murder
               ,
               and
               those
               secret
               Murders
               were
               abominated
               by
               the
               People
               ,
               for
               that
               they
               were
               lyable
               to
               so
               great
               a
               Pecuniary
               Punishment
               for
               suffering
               the
               Malefactor
               to
               escape
               .
               But
               this
               grievance
               was
               by
               Canutus
               ,
               when
               he
               Reign'd
               ,
               soon
               eased
               :
               For
               he
               made
               a
               Law
               ,
               that
               the
               Countrey
               in
               this
               Case
               ,
               should
               not
               be
               Charged
               ,
               unless
               he
               were
               an
               English-man
               that
               was
               so
               slain
               ;
               but
               if
               he
               were
               a
               French-man
               (
               under
               which
               name
               were
               comprehended
               all
               Forraigners
               ,
               and
               especially
               the
               Normans
               )
               though
               the
               slayer
               escaped
               ,
               the
               County
               was
               not
               to
               be
               Amerced
               .
               And
               this
               Law
               ,
               though
               it
               were
               very
               hard
               ,
               and
               Chargeable
               when
               an
               English-man
               was
               so
               slain
               ,
               for
               his
               Friend
               to
               prove
               he
               was
               an
               English-man
               ,
               and
               also
               unreasonable
               to
               deny
               the
               Justice
               to
               a
               stranger
               ;
               yet
               was
               it
               not
               Repealed
               till
               the
               14th
               of
               King
               Ed.
               the
               3d.
               By
               this
               you
               see
               that
               Murder
               is
               distinguished
               from
               Homicide
               by
               the
               Statute-Laws
               ,
               and
               not
               by
               any
               Common-Law
               without
               the
               Statute
               ;
               and
               that
               it
               is
               comprehended
               under
               the
               general
               name
               of
               Felony
               .
            
          
           
             
               La.
               
            
             
               And
               so
               also
               is
               Petit
               Treason
               ,
               and
               I
               think
               so
               is
               High
               Treason
               also
               ;
               for
               in
               the
               abovesaid
               Statute
               in
               the
               25
               
                 Ed.
                 3d.
              
               Concerning
               Treasons
               there
               is
               this
               Clause
               .
               And
               because
               that
               many
               other
               like
               Cases
               of
               Treason
               ,
               
               may
               happen
               in
               time
               to
               come
               ,
               which
               a
               Man
               cannot
               think
               ,
               or
               declare
               at
               the
               present
               time
               ;
               it
               is
               accorded
               ,
               that
               if
               any
               other
               Case
               ,
               supposed
               Treason
               which
               is
               not
               above
               specified
               ,
               doth
               happen
               before
               any
               the
               Justices
               ,
               the
               Justices
               shall
               tarry
               without
               any
               going
               to
               Judgment
               of
               the
               Treason
               ,
               till
               the
               Cause
               be
               shewed
               ,
               and
               declared
               before
               the
               King
               and
               his
               Parliament
               whether
               it
               be
               Treason
               ,
               or
               other
               Felony
               ;
               which
               thereby
               shews
               that
               the
               King
               and
               Parliament
               thought
               that
               Treason
               was
               one
               of
               the
               sorts
               of
               Felony
               .
            
          
           
             
               Ph.
               
            
             
               And
               so
               think
               I.
               
            
          
           
             
               La.
               
            
             
               But
               Sir
               
                 Edw.
                 Coke
              
               denies
               it
               to
               be
               so
               at
               this
               day
               ;
               for
               1
               
                 Inst.
                 Sect.
              
               745.
               at
               the
               word
               Felony
               ,
               he
               saith
               ;
               That
               in
               Antient
               time
               this
               word
               Felony
               was
               of
               so
               large
               an
               extent
               ,
               as
               that
               it
               included
               High
               Treason
               —
               But
               afterwards
               it
               was
               resolved
               ,
               that
               in
               the
               Kings
               Pardon
               ,
               or
               Charter
               ,
               this
               word
               Felony
               should
               extend
               only
               to
               Common
               Felonies
               —
               And
               at
               this
               day
               ,
               under
               the
               word
               Felony
               by
               Law
               is
               included
               Petit
               Treason
               ,
               Murder
               ,
               Homicide
               ,
               burning
               of
               Houses
               ,
               Burglary
               ,
               Robbery
               ,
               Rape
               ,
               &c.
               
               Chance-medley
               ,
               
                 se
                 defendendo
              
               ,
               and
               
                 Petit
                 Larceny
              
               .
            
          
           
             
               Ph.
               
            
             
               He
               says
               it
               was
               resolv'd
               ,
               but
               by
               whom
               ?
            
          
           
             
               La.
               
            
             
               By
               the
               Justices
               of
               Assize
               in
               the
               time
               of
               Hen.
               4.
               as
               it
               seems
               in
               the
               Margin
               .
            
          
           
             
             
               Ph.
               
            
             
               Have
               Justices
               of
               Assize
               any
               Power
               by
               their
               Commission
               to
               alter
               the
               Language
               of
               the
               Land
               ,
               and
               the
               received
               sence
               of
               words
               ?
               Or
               in
               the
               Question
               in
               what
               Case
               Felony
               shall
               be
               said
               ,
               it
               is
               referred
               to
               the
               Judges
               to
               Determine
               ;
               as
               in
               the
               Question
               in
               what
               Case
               Treason
               shall
               be
               said
               it
               is
               referred
               by
               the
               Statute
               of
               Edw.
               the
               3d.
               to
               the
               Parliament
               ?
               I
               think
               not
               ;
               and
               yet
               perhaps
               they
               may
               be
               disobliged
               to
               disallow
               a
               Pardon
               of
               Treason
               ,
               when
               mentioning
               all
               Felonies
               it
               nameth
               not
               Treason
               ,
               nor
               specifies
               it
               by
               any
               description
               of
               the
               Fact.
               
            
          
           
             
               La.
               
            
             
               Another
               kind
               of
               Homicide
               there
               is
               simply
               called
               so
               ,
               or
               by
               the
               name
               of
               Manslaughter
               ,
               and
               is
               not
               Murder
               ,
               and
               that
               is
               when
               a
               Man
               kills
               another
               Man
               upon
               suddain
               Quarrel
               ,
               during
               the
               heat
               of
               Blood.
               
            
          
           
             
               Ph.
               
            
             
               If
               two
               meeting
               in
               the
               Street
               chance
               to
               strive
               who
               shall
               go
               nearest
               to
               the
               Wall
               ,
               and
               thereupon
               Fighting
               ,
               one
               of
               them
               kills
               the
               other
               ,
               I
               believe
               verily
               he
               that
               first
               drew
               his
               Sword
               did
               it
               of
               Malice
               forethought
               ,
               though
               not
               long
               forethought
               ;
               but
               whether
               it
               be
               Felony
               or
               no
               ,
               it
               may
               be
               doubted
               .
               It
               is
               true
               ,
               that
               the
               harm
               done
               is
               the
               same
               as
               if
               it
               had
               been
               done
               by
               Felony
               ;
               but
               the
               wickedness
               of
               the
               Intention
               was
               nothing
               near
               so
               great
               .
               And
               supposing
               it
               had
               been
               done
               by
               Felony
               ,
               then
               't
               is
               manifest
               by
               the
               Statute
               of
               Marlebridge
               ,
               that
               it
               was
               very
               Murder
               .
               And
               
               when
               a
               Man
               for
               a
               word
               ,
               or
               a
               trifle
               shall
               draw
               his
               Sword
               ,
               and
               kill
               another
               Man
               ,
               can
               any
               Man
               imagine
               that
               there
               was
               not
               some
               Precedent
               Malice
               ?
            
          
           
             
               La.
               
            
             
               'T
               is
               very
               likely
               there
               was
               Malice
               more
               or
               less
               ,
               and
               therefore
               the
               Law
               hath
               Ordained
               for
               it
               a
               punishment
               equal
               to
               that
               of
               Murder
               ,
               saving
               that
               the
               Offender
               shall
               have
               the
               Benefit
               of
               his
               Clergy
               .
            
          
           
             
               Ph.
               
            
             
               The
               Benefit
               of
               Clergy
               comes
               in
               upon
               another
               account
               ,
               and
               importeth
               not
               any
               extenuation
               of
               the
               Crime
               ;
               for
               it
               is
               but
               a
               Relick
               of
               the
               old
               usurped
               Papal
               priviledge
               ,
               which
               is
               now
               by
               many
               Statutes
               so
               pared
               off
               ,
               as
               to
               spread
               but
               to
               few
               Offences
               ,
               and
               is
               become
               a
               Legal
               kind
               of
               Conveying
               Mercy
               ,
               not
               only
               to
               the
               Clergy
               ,
               but
               also
               to
               the
               Laity
               .
            
          
           
             
               La.
               
            
             
               The
               work
               of
               a
               Judge
               you
               see
               is
               very
               difficult
               ,
               and
               requires
               a
               Man
               that
               hath
               a
               faculty
               of
               well
               distinguishing
               of
               Dissimilitudes
               of
               such
               Cases
               as
               Common
               Judgments
               think
               to
               be
               the
               same
               .
               A
               small
               Circumstance
               may
               make
               a
               great
               Alteration
               ,
               which
               a
               Man
               that
               cannot
               well
               discern
               ,
               ought
               not
               to
               take
               upon
               him
               the
               Office
               of
               a
               Judge
               .
            
          
           
             
               Ph.
               
            
             
               You
               say
               very
               well
               ;
               for
               if
               Judges
               were
               to
               follow
               one
               anothers
               Judgments
               in
               Precedent
               Cases
               ,
               all
               the
               Justice
               in
               the
               World
               would
               at
               length
               depend
               upon
               the
               Sentence
               of
               a
               few
               Learned
               ,
               or
               Unlearned
               ,
               ignorant
               
               Men
               ,
               and
               have
               nothing
               at
               all
               to
               do
               with
               the
               Study
               of
               Reason
               .
            
          
           
             
               La.
               
            
             
               A
               Third
               kind
               of
               Homicide
               is
               when
               a
               Man
               kills
               another
               ,
               either
               by
               misfortune
               ,
               or
               in
               a
               necessary
               defence
               of
               himself
               ,
               or
               of
               the
               King
               ,
               or
               of
               his
               Laws
               ;
               for
               such
               killing
               is
               neither
               Felony
               ,
               nor
               Crime
               ,
               saving
               (
               as
               Sir
               
                 Edw.
                 Coke
              
               says
               ,
               4.
               
               Inst.
               p.
               56.
               )
               that
               if
               the
               Act
               that
               a
               Man
               is
               a
               doing
               when
               he
               kills
               another
               Man
               be
               Unlawful
               ,
               then
               it
               is
               Murder
               .
               As
               if
               A.
               meaneth
               to
               steal
               a
               Deer
               in
               the
               Park
               of
               B.
               Shooteth
               at
               the
               Deer
               ,
               and
               by
               the
               glance
               of
               the
               Arrow
               killeth
               a
               Boy
               that
               is
               hidden
               in
               a
               Bush
               ;
               this
               is
               Murder
               ,
               for
               that
               the
               Act
               was
               Unlawful
               ;
               but
               if
               the
               owner
               of
               the
               Park
               had
               done
               the
               like
               ,
               shooting
               at
               his
               own
               Deer
               ,
               it
               had
               been
               by
               Misadventure
               ,
               and
               no
               Felony
               .
            
          
           
             
               Ph.
               
            
             
               This
               is
               not
               so
               distinguished
               by
               any
               Statute
               ,
               but
               is
               the
               Commonly
               only
               of
               Sir
               
                 Ed.
                 Coke
              
               .
               I
               believe
               not
               a
               word
               of
               it
               .
               If
               a
               Boy
               be
               Robbing
               an
               Apple-tree
               ,
               and
               falling
               thence
               upon
               a
               Man
               that
               stands
               under
               it
               ,
               and
               breaks
               his
               Neck
               ,
               but
               by
               the
               same
               chance
               saveth
               his
               own
               Life
               ,
               Sir
               
                 Edw.
                 Coke
              
               ,
               it
               seems
               ,
               will
               have
               him
               Hanged
               for
               it
               ,
               as
               if
               he
               had
               fallen
               of
               prepensed
               Malice
               .
               All
               that
               can
               be
               called
               Crime
               in
               this
               Business
               is
               but
               a
               simple
               Trespass
               ,
               to
               the
               dammage
               perhaps
               of
               sixpence
               or
               a
               shilling
               .
               I
               confess
               the
               Trespass
               was
               an
               Offence
               against
               the
               Law
               ,
               but
               the
               falling
               was
               
               none
               ,
               nor
               was
               it
               by
               the
               Trespass
               ,
               but
               by
               the
               falling
               that
               the
               Man
               was
               slain
               ;
               and
               as
               he
               ought
               to
               be
               quit
               of
               the
               killing
               ,
               so
               he
               ought
               to
               make
               Restitution
               for
               the
               Trespass
               .
               But
               I
               believe
               the
               Cause
               of
               Sir
               Edw.
               Coke's
               mistake
               was
               his
               not
               well
               understanding
               of
               Bracton
               ,
               whom
               he
               cites
               in
               the
               Margin
               :
               For
               1206
               he
               saith
               thus
               :
               
                 Sed
                 hic
                 erit
                 distinguendum
                 ,
                 utrum
                 quis
                 dederit
                 operam
                 rei
                 licitae
                 ,
                 vel
                 illicitae
                 ;
                 si
                 illicitae
                 ,
                 ut
                 si
                 bapidem
                 projiciebat
                 quis
                 versus
                 locum
                 per
                 quem
                 consueverunt
                 homines
                 transitum
                 facere
                 ,
                 vel
                 dum
                 insequitur
                 equum
                 ,
                 vel
                 bovem
                 ,
                 &
                 aliquis
                 ab
                 equo
                 ,
                 vel
                 a
                 bove
                 percussus
                 fuerit
                 ,
                 &
                 hujusmodi
                 ,
                 hoc
                 imputatur
                 ei
                 ,
                 i.
                 e.
              
               But
               here
               we
               are
               to
               distinguish
               whether
               a
               Man
               be
               upon
               a
               Lawful
               ,
               or
               Unlawful
               business
               ;
               if
               an
               unlawful
               ,
               as
               he
               that
               throws
               a
               stone
               into
               a
               place
               ,
               where
               Men
               use
               to
               pass
               ;
               or
               if
               he
               chase
               a
               Horse
               ,
               or
               an
               Ox
               ,
               and
               thereby
               the
               Man
               be
               stricken
               by
               the
               Horse
               ,
               or
               the
               Ox
               ,
               this
               shall
               be
               imputed
               to
               him
               :
               And
               it
               is
               most
               reasonable
               :
               For
               the
               doing
               of
               such
               an
               unlawful
               Act
               as
               is
               here
               meant
               ,
               is
               a
               sufficient
               Argument
               of
               a
               Felonious
               purpose
               ,
               or
               at
               least
               a
               hope
               to
               kill
               some
               body
               ,
               or
               other
               ,
               and
               he
               cared
               not
               whom
               ;
               which
               is
               worse
               than
               to
               design
               the
               death
               of
               a
               certain
               Adversary
               ,
               which
               nevertheless
               is
               Murder
               .
               Also
               on
               the
               contrary
               ,
               though
               the
               business
               a
               Man
               is
               doing
               be
               Lawful
               ,
               and
               it
               chanceth
               sometimes
               that
               a
               Man
               be
               slain
               
               thereby
               ;
               yet
               may
               such
               killing
               be
               Felony
               .
               For
               if
               a
               Car-man
               drive
               his
               Cart
               through
               Cheapside
               in
               a
               throng
               of
               People
               ,
               and
               thereby
               he
               kill
               a
               Man
               ;
               though
               he
               bare
               him
               no
               Malice
               ,
               yet
               because
               he
               saw
               there
               was
               very
               great
               danger
               ,
               it
               may
               reasonably
               be
               inferr'd
               ,
               that
               he
               meant
               to
               adventure
               the
               killing
               of
               some
               body
               ,
               or
               other
               ,
               though
               not
               of
               him
               that
               was
               kill'd
               .
            
          
           
             
               La.
               
            
             
               He
               is
               a
               Felon
               also
               that
               killeth
               himself
               voluntarily
               ,
               and
               is
               called
               ,
               not
               only
               by
               Common
               Lawyers
               ,
               but
               also
               in
               divers
               Statute-Laws
               ,
               
                 Felo
                 de
                 se.
              
               
            
          
           
             
               Ph.
               
            
             
               And
               't
               is
               well
               so
               :
               For
               names
               imposed
               by
               Statutes
               are
               equivalent
               to
               Definitions
               ;
               but
               I
               conceive
               not
               how
               any
               Man
               can
               bear
               
                 Animum
                 felleum
              
               ,
               or
               so
               much
               Malice
               towards
               himself
               ,
               as
               to
               hurt
               himself
               voluntarily
               ,
               much
               less
               to
               kill
               himself
               ;
               for
               naturally
               ,
               and
               necessarily
               the
               Intention
               of
               every
               Man
               aimeth
               at
               somewhat
               ,
               which
               is
               good
               to
               himself
               ,
               and
               tendeth
               to
               his
               preservation
               :
               And
               therefore
               ,
               methinks
               ,
               if
               he
               kill
               himself
               ,
               it
               is
               to
               be
               presumed
               that
               he
               is
               not
               
                 compos
                 mentis
              
               ,
               but
               by
               some
               inward
               Torment
               or
               Apprehension
               of
               somewhat
               worse
               than
               Death
               ,
               Distracted
               .
            
          
           
             
               La.
               
            
             
               Nay
               ,
               unless
               he
               be
               
                 compos
                 mentis
              
               he
               is
               not
               
                 Felo
                 de
                 se
              
               (
               as
               Sir
               
                 Edw.
                 Coke
              
               saith
               ,
               4
               Inst.
               p.
               54.
               )
               and
               therefore
               he
               cannot
               be
               Judged
               a
               
                 Felo
                 de
                 se
              
               ,
               unless
               it
               be
               first
               proved
               he
               was
               
                 compos
                 mentis
              
               .
            
          
           
             
             
               Ph.
               
            
             
               How
               can
               that
               be
               proved
               of
               a
               Man
               dead
               ;
               especially
               if
               it
               cannot
               be
               proved
               by
               any
               Witness
               ,
               that
               a
               little
               before
               his
               death
               he
               spake
               as
               other
               men
               used
               to
               do
               .
               This
               is
               a
               hard
               place
               ;
               and
               before
               you
               take
               it
               for
               Common-Law
               it
               had
               need
               to
               be
               clear'd
               .
            
          
           
             
               La.
               
            
             
               I
               'le
               think
               on
               't
               .
               There
               's
               a
               Statute
               of
               3
               
                 Hen.
                 7.
                 c.
              
               14.
               which
               makes
               it
               Felony
               in
               any
               of
               the
               Kings
               Houshold-Servants
               under
               the
               degree
               of
               a
               Lord
               ,
               to
               Compass
               the
               Death
               of
               any
               of
               the
               Kings
               Privy-Council
               .
               The
               words
               are
               these
               ;
               That
               from
               henceforth
               the
               Steward
               ,
               Treasurer
               ,
               and
               Controuler
               of
               the
               Kings
               House
               for
               that
               time
               being
               ,
               or
               one
               of
               them
               ,
               have
               full
               Authority
               and
               Power
               ,
               to
               inquire
               by
               12
               sad
               Men
               ,
               and
               discreet
               Persons
               of
               the
               Chequer-Roll
               of
               the
               King
               's
               Honourable
               Houshold
               .
               If
               any
               Servant
               ,
               admitted
               to
               his
               Servant
               Sworn
               ,
               and
               his
               name
               put
               into
               the
               Chequer-Roll
               ,
               whatsoever
               he
               be
               serving
               in
               any
               manner
               ,
               Office
               ,
               or
               Room
               ,
               reputed
               ,
               had
               ,
               or
               taken
               under
               the
               State
               of
               a
               Lord
               ,
               make
               any
               Confederacies
               ,
               Compassings
               ,
               Conspiracies
               ,
               or
               Imaginations
               with
               any
               Person
               to
               Destroy
               ,
               or
               Murder
               the
               King
               ,
               or
               any
               Lord
               of
               this
               Realm
               ,
               or
               any
               other
               Person
               sworn
               to
               the
               Kings
               Council
               ,
               Steward
               ,
               Treasurer
               ,
               or
               Controuler
               of
               the
               Kings
               House
               .
               And
               if
               such
               Misdoers
               shall
               be
               found
               Guilty
               by
               Confession
               ,
               or
               otherwise
               ,
               that
               the
               said
               Offence
               shall
               be
               Judged
               Felony
               .
            
          
           
             
             
               Ph.
               
            
             
               It
               appears
               by
               this
               Statute
               ,
               that
               not
               only
               the
               Compassing
               the
               Death
               (
               as
               you
               say
               )
               of
               a
               Privy-Councellor
               ,
               but
               also
               of
               any
               Lord
               of
               this
               Realm
               is
               Felony
               ;
               if
               it
               be
               done
               by
               Any
               of
               the
               Kings
               Houshold
               Servants
               that
               is
               not
               a
               Lord.
               
            
          
           
             
               La.
               
            
             
               No
               ;
               Sir
               
                 Edw.
                 Coke
              
               upon
               these
               words
               ,
               any
               Lord
               of
               this
               Realm
               ,
               or
               other
               Person
               Sworn
               of
               the
               Kings
               Council
               infers
               4
               Inst.
               p.
               38.
               that
               is
               to
               be
               understood
               of
               such
               a
               Lord
               only
               as
               is
               a
               Privy-Councellor
               .
            
          
           
             
               Ph.
               
            
             
               For
               barring
               of
               the
               Lords
               of
               Parliament
               from
               this
               Priviledge
               ,
               he
               strains
               this
               Statute
               a
               little
               farther
               (
               in
               my
               Opinion
               )
               than
               it
               reacheth
               of
               it self
               .
               But
               how
               are
               such
               Felonies
               to
               be
               Tryed
               ?
            
          
           
             
               La.
               
            
             
               The
               Indictment
               is
               to
               be
               found
               ,
               before
               the
               Steward
               ,
               Treasurer
               ,
               and
               Controuler
               of
               the
               Kings
               House
               ,
               or
               one
               of
               them
               ,
               by
               12
               of
               the
               Kings
               Houshold
               Servants
               .
               The
               Petit
               Jury
               for
               the
               Tryal
               must
               be
               12
               other
               of
               the
               Kings
               Servants
               ,
               and
               the
               Judges
               are
               again
               the
               Steward
               ,
               Treasurer
               ,
               and
               Controuler
               of
               the
               Kings
               House
               ,
               or
               2
               of
               them
               ;
               and
               yet
               I
               see
               that
               these
               Men
               are
               not
               usually
               great
               Students
               of
               the
               Law.
               
            
          
           
             
               Ph.
               
            
             
               You
               may
               hereby
               be
               assur'd
               ,
               that
               either
               the
               King
               and
               Parliament
               were
               very
               much
               overseen
               in
               choosing
               such
               Officers
               perpetually
               for
               the
               time
               being
               ,
               to
               be
               Judges
               in
               a
               Tryal
               at
               the
               Common-Law
               ,
               or
               else
               
               that
               Sir
               
                 Edw.
                 Coke
              
               presumes
               too
               much
               ,
               to
               appropriate
               all
               the
               Judicature
               ,
               both
               in
               Law
               ,
               and
               Equity
               ,
               to
               the
               Common-Lawyers
               ;
               as
               if
               neither
               Lay-Persons
               ,
               Men
               of
               Honour
               ,
               nor
               any
               of
               the
               Lords
               Spiritual
               ,
               who
               are
               the
               most
               versed
               in
               the
               Examination
               of
               Equity
               ,
               and
               Cases
               of
               Conscience
               ,
               when
               they
               hear
               the
               Statutes
               Read
               ,
               and
               Pleaded
               ,
               were
               unfit
               to
               Judge
               of
               the
               intention
               and
               meaning
               of
               the
               same
               .
               I
               know
               ,
               that
               neither
               such
               great
               Persons
               ,
               nor
               Bishops
               have
               ordinarily
               so
               much
               spare
               time
               from
               their
               ordinary
               Employment
               as
               to
               be
               so
               skilful
               as
               to
               Plead
               Causes
               at
               the
               Bar
               ;
               but
               certainly
               they
               are
               ,
               especially
               the
               Bishops
               ,
               the
               best
               able
               to
               Judge
               of
               matters
               of
               Reason
               ;
               that
               is
               to
               say
               (
               by
               Sir
               Edw.
               Coke's
               Confession
               )
               of
               matters
               (
               except
               of
               Blood
               )
               at
               the
               Common-Law
               .
            
          
           
             
               La.
               
            
             
               Another
               sort
               of
               Felony
               ,
               though
               without
               Man-slaughter
               ,
               is
               Robbery
               ;
               and
               by
               Sir
               
                 Edw.
                 Coke
                 ,
                 4
                 Inst.
              
               p.
               68.
               defined
               thus
               ,
               Robbery
               by
               the
               Common-Law
               is
               a
               Felony
               committed
               by
               a
               violent
               Assault
               upon
               the
               Person
               of
               another
               ,
               by
               putting
               him
               in
               fear
               ,
               and
               taking
               away
               from
               him
               his
               Money
               ,
               or
               other
               Goods
               of
               any
               value
               whatsoever
               .
            
          
           
             
               Ph.
               
            
             
               Robbery
               is
               not
               distinguished
               from
               Theft
               by
               any
               Statute
               .
               Latrocinium
               comprehendeth
               them
               both
               ,
               and
               both
               are
               Felony
               ,
               and
               both
               Punished
               with
               Death
               .
               And
               therefore
               to
               distinguish
               them
               aright
               is
               the
               work
               
               of
               Reason
               only
               .
               And
               the
               first
               difference
               which
               is
               obvious
               to
               all
               Men
               ,
               is
               ,
               that
               Robbery
               is
               committed
               by
               Force
               ,
               or
               Terror
               ,
               of
               which
               neither
               is
               in
               Theft
               ;
               for
               Theft
               is
               a
               secret
               Act
               ,
               and
               that
               which
               is
               taken
               by
               violence
               ,
               or
               Terror
               ,
               either
               from
               his
               Person
               ,
               or
               in
               his
               Presence
               is
               still
               Robbery
               ;
               but
               if
               it
               be
               taken
               secretly
               ,
               whether
               it
               be
               by
               day
               ,
               or
               night
               from
               his
               Person
               ,
               or
               from
               his
               Fold
               ,
               or
               from
               his
               Pasture
               ,
               then
               it
               is
               called
               Theft
               .
               'T
               is
               Force
               and
               Fraud
               only
               that
               distinguisheth
               between
               Theft
               ,
               and
               Robbery
               ,
               both
               which
               are
               by
               the
               Pravity
               only
               of
               the
               Intention
               ,
               Felony
               ,
               in
               their
               Nature
               .
               But
               there
               be
               so
               many
               Evasions
               of
               the
               Law
               found
               out
               by
               evil
               Men
               ,
               that
               I
               know
               not
               in
               this
               Predicament
               of
               Felony
               how
               to
               place
               them
               :
               For
               suppose
               I
               go
               secretly
               by
               day
               ,
               or
               night
               ,
               into
               another
               Mans
               Field
               of
               Wheat
               Ripe
               ,
               and
               standing
               ,
               and
               Loading
               my
               Cart
               with
               it
               I
               carry
               it
               away
               ;
               Is
               it
               Theft
               ,
               or
               Robbery
               ?
            
          
           
             
               La.
               
            
             
               Neither
               ;
               it
               is
               but
               Trespass
               :
               But
               if
               you
               first
               lay
               down
               the
               Wheat
               you
               have
               cut
               ,
               and
               then
               throw
               it
               into
               your
               Cart
               ,
               and
               carry
               it
               away
               ,
               then
               it
               is
               Felony
               .
            
          
           
             
               Ph.
               
            
             
               Why
               so
               ?
            
          
           
             
               La.
               
            
             
               Sir
               
                 Edw.
                 Coke
              
               tells
               you
               the
               Reason
               of
               it
               ,
               4
               Inst.
               p.
               107.
               for
               he
               defineth
               Theft
               to
               be
               by
               the
               Common-Law
               a
               Felonious
               ,
               and
               fraudulent
               taking
               and
               carrying
               away
               by
               any
               Man
               ,
               or
               Woman
               ,
               of
               the
               meer
               Personal
               Goods
               
               of
               another
               ,
               not
               from
               the
               Person
               ,
               nor
               by
               night
               in
               the
               House
               of
               the
               owner
               .
               From
               this
               Definition
               he
               Argues
               thus
               ,
               p.
               109.
               
               Any
               kind
               of
               Corn
               ,
               or
               Grain
               growing
               upon
               the
               ground
               is
               a
               Personal
               Chattel
               ,
               and
               the
               Executors
               of
               the
               owner
               shall
               have
               them
               ,
               though
               they
               be
               not
               severed
               ;
               but
               yet
               no
               Larceny
               can
               be
               Committed
               of
               them
               ,
               because
               they
               are
               annexed
               to
               the
               Realty
               :
               So
               it
               is
               of
               Grass
               standing
               on
               the
               Ground
               ,
               or
               of
               Apples
               ,
               or
               of
               any
               Fruit
               upon
               the
               Trees
               ,
               &c.
               
               So
               it
               is
               of
               a
               Box
               ,
               or
               Chest
               of
               Charters
               ,
               no
               Larceny
               can
               be
               committed
               of
               them
               ,
               because
               the
               Charters
               concern
               the
               Realty
               ,
               and
               the
               Box
               ,
               or
               Chest
               ,
               though
               it
               be
               of
               great
               value
               ,
               yet
               shall
               it
               be
               of
               the
               same
               nature
               the
               Charters
               are
               of
               .
               
                 Omne
                 magis
                 dignum
                 trahit
                 ad
                 se
                 minus
                 .
              
            
          
           
             
               Ph.
               
            
             
               Is
               this
               Definition
               drawn
               out
               of
               any
               Statute
               ,
               or
               is
               it
               in
               Bracton
               ,
               or
               Littleton
               ,
               or
               any
               other
               Writer
               upon
               the
               Science
               of
               the
               Laws
               ?
            
          
           
             
               La.
               
            
             
               No
               ;
               it
               is
               his
               own
               ;
               and
               you
               may
               observe
               by
               the
               Logick-Sentences
               dispersed
               through
               his
               Works
               ,
               that
               he
               was
               a
               Logician
               sufficient
               enough
               to
               make
               a
               Definition
               .
            
          
           
             
               Ph.
               
            
             
               But
               if
               his
               Definitions
               must
               be
               the
               Rule
               of
               Law
               ;
               what
               is
               there
               that
               he
               may
               not
               make
               Felony
               ,
               or
               not
               Felony
               ,
               at
               his
               Pleasure
               ?
               But
               seeing
               it
               is
               not
               Statute-Law
               that
               he
               says
               ,
               it
               must
               be
               very
               perfect
               Reason
               ,
               or
               
               else
               no
               Law
               at
               all
               ;
               and
               to
               me
               it
               seems
               so
               far
               from
               Reason
               as
               I
               think
               it
               ridiculous
               .
               But
               let
               us
               Examine
               it
               .
               There
               can
               (
               says
               he
               )
               be
               no
               Larceny
               of
               Corn
               ,
               Grass
               ,
               or
               Fruits
               that
               are
               growing
               ,
               that
               is
               to
               say
               ,
               they
               cannot
               be
               stolen
               ;
               but
               why
               ?
               Because
               they
               concern
               the
               Realty
               ;
               that
               is
               ,
               because
               they
               concern
               the
               Land.
               'T
               is
               true
               that
               the
               Land
               cannot
               be
               stolen
               ,
               nor
               the
               right
               of
               a
               Mans
               Tenure
               ;
               but
               Corn
               ,
               and
               Trees
               ,
               and
               Fruit
               ,
               though
               growing
               ,
               may
               be
               cut
               down
               ,
               and
               carryed
               away
               secretly
               ,
               and
               Feloniously
               ,
               in
               Contempt
               ,
               and
               Despight
               of
               the
               Law.
               And
               are
               they
               not
               then
               stolen
               ?
               And
               is
               there
               any
               Act
               which
               is
               Feloniously
               committed
               ,
               that
               is
               not
               more
               than
               Trespass
               ?
               Can
               any
               Man
               doubt
               of
               it
               that
               understands
               the
               English
               Tongue
               ?
               'T
               is
               true
               ,
               that
               if
               a
               Man
               pretend
               a
               right
               to
               the
               Land
               ,
               and
               on
               that
               pretence
               take
               the
               Fruits
               thereof
               by
               way
               of
               taking
               Possession
               of
               his
               own
               ,
               it
               is
               no
               more
               than
               a
               Trespass
               ,
               unless
               he
               conceal
               the
               taking
               of
               them
               ;
               for
               in
               that
               one
               Case
               ,
               he
               but
               puts
               the
               Man
               that
               was
               in
               Possession
               before
               to
               exhibit
               his
               complaint
               ,
               which
               purpose
               is
               not
               Felonious
               ,
               but
               Lawful
               ;
               for
               nothing
               makes
               a
               distinction
               between
               Felony
               ,
               and
               not
               Felony
               ,
               but
               the
               purpose
               .
               I
               have
               heard
               that
               if
               a
               Man
               slander
               another
               with
               stealing
               of
               a
               Tree
               standing
               ,
               there
               lies
               no
               Action
               for
               it
               ,
               and
               that
               upon
               this
               ground
               ,
               To
               steal
               a
               standing
               Tree
               is
               impossible
               ;
               
               and
               that
               the
               Cause
               of
               the
               Impossibility
               is
               ,
               that
               a
               Man's
               Free-hold
               cannot
               be
               stolen
               ;
               which
               is
               a
               very
               obvious
               Fallacy
               ;
               for
               Free-hold
               signifieth
               ,
               not
               only
               the
               Tenement
               ,
               but
               also
               the
               Tenure
               ;
               and
               though
               it
               be
               true
               that
               a
               Tenure
               cannot
               be
               stolen
               ,
               yet
               every
               man
               sees
               the
               standing
               Trees
               ,
               and
               Corn
               ,
               may
               easily
               be
               stolen
               ;
               and
               so
               far
               forth
               as
               Trees
               ,
               &c.
               are
               part
               of
               the
               Freehold
               ,
               so
               far
               forth
               also
               they
               are
               Personal
               Goods
               ;
               for
               whatsoever
               is
               Freehold
               is
               Inheritance
               ,
               and
               descendeth
               to
               the
               Heir
               ,
               and
               nothing
               can
               descend
               to
               the
               Executors
               ,
               but
               what
               is
               meerly
               Personal
               .
               And
               though
               a
               Box
               ,
               or
               Case
               of
               Evidences
               are
               to
               descend
               to
               the
               Heir
               ,
               yet
               unless
               you
               can
               shew
               me
               positive
               Law
               to
               the
               contrary
               ,
               they
               shall
               be
               taken
               into
               the
               Executors
               hands
               ,
               to
               be
               delivered
               to
               the
               Heir
               .
               Besides
               ,
               how
               unconscionable
               a
               thing
               is
               it
               ,
               that
               he
               that
               steals
               a
               shillings
               worth
               of
               Wood
               ;
               which
               the
               Wind
               hath
               blown
               down
               ,
               or
               which
               lyeth
               Rotten
               on
               the
               ground
               ,
               should
               be
               Hang'd
               for
               it
               ,
               and
               he
               that
               takes
               a
               Tree
               worth
               20
               or
               40
               shillings
               ,
               should
               Answer
               only
               for
               the
               Dammage
               ?
            
          
           
             
               La.
               
            
             
               'T
               is
               somewhat
               hard
               ,
               but
               it
               has
               been
               so
               practised
               time
               out
               of
               mind
               .
               Then
               follows
               Sodomy
               ,
               and
               Rape
               ,
               both
               of
               them
               Felonies
               .
            
          
           
             
               Ph.
               
            
             
               I
               know
               that
               ,
               and
               that
               of
               the
               former
               he
               justly
               says
               it
               is
               detestable
               ,
               being
               in
               a
               manner
               
               an
               Apostacie
               from
               Humane
               Nature
               :
               But
               in
               neither
               of
               them
               is
               there
               any
               thing
               of
               
                 Animus
                 Felleus
              
               .
               The
               Statutes
               which
               make
               them
               Felony
               are
               exposed
               to
               all
               Mens
               reading
               ;
               but
               because
               Sir
               Edw.
               Coke's
               Commentaries
               upon
               them
               are
               more
               diligent
               and
               Accurate
               than
               to
               be
               free
               from
               all
               uncleanness
               ,
               let
               us
               leap
               over
               them
               both
               ,
               observing
               only
               by
               the
               way
               ,
               that
               he
               leaves
               an
               Evasion
               for
               an
               impotent
               Offender
               ,
               though
               his
               design
               be
               the
               same
               ,
               and
               pursued
               to
               the
               utmost
               of
               his
               Power
               .
            
          
           
             
               La.
               
            
             
               Two
               other
               great
               Felonies
               are
               breaking
               ,
               and
               Burning
               of
               Houses
               ,
               neither
               of
               which
               are
               defin'd
               by
               any
               Statute
               .
               The
               former
               of
               them
               is
               by
               Sir
               
                 Edw.
                 Coke
                 .
                 4
                 Inst.
              
               p.
               63.
               
               Defined
               thus
               :
               Burglary
               is
               by
               the
               Common-Law
               ,
               the
               Breaking
               and
               Entring
               into
               the
               Mansion-house
               of
               another
               ,
               in
               the
               night
               with
               intent
               to
               kill
               some
               reasonable
               Creature
               ,
               or
               to
               commit
               some
               other
               Felony
               within
               the
               same
               ,
               whether
               his
               intent
               be
               executed
               ,
               or
               not
               ;
               and
               defineth
               Night
               to
               be
               then
               ,
               when
               one
               Man
               cannot
               know
               anothers
               Face
               by
               day-light
               :
               And
               for
               the
               parts
               of
               a
               Mansion-house
               he
               reckoneth
               all
               Houses
               that
               belong
               to
               Housekeeping
               ,
               as
               Barns
               ,
               Stables
               ,
               Dary-Houses
               ,
               Buttery
               ,
               Kitchin
               ,
               Chambers
               ,
               &c.
               
               But
               breaking
               of
               a
               House
               by
               day
               ,
               though
               Felony
               ,
               and
               Punished
               as
               Burglary
               ,
               is
               not
               within
               the
               Statute
               .
            
          
           
             
             
               Ph.
               
            
             
               I
               have
               nothing
               to
               say
               against
               his
               Interpretations
               here
               ,
               but
               I
               like
               not
               that
               any
               private
               Man
               should
               presume
               to
               determine
               ,
               whether
               such
               ,
               or
               such
               a
               Fact
               done
               be
               within
               the
               words
               of
               a
               Statute
               ,
               or
               not
               ,
               where
               it
               belongs
               only
               to
               a
               Jury
               of
               12
               Men
               to
               declare
               in
               their
               Verdict
               ,
               whether
               the
               Fact
               laid
               open
               before
               them
               be
               Burglary
               ,
               Robbery
               ,
               Theft
               ,
               or
               other
               Felony
               ;
               for
               this
               is
               to
               give
               a
               leading
               Judgment
               to
               the
               Jury
               ,
               who
               ought
               not
               to
               consider
               any
               private
               Lawyers
               Institutes
               ,
               but
               the
               Statutes
               themselves
               pleaded
               before
               them
               for
               directions
               .
            
          
           
             
               La.
               
            
             
               Burning
               ,
               as
               he
               defines
               it
               ,
               p.
               66.
               is
               a
               Felony
               at
               the
               Common-Law
               committed
               by
               any
               that
               maliciously
               and
               voluntarily
               in
               the
               night
               ,
               or
               day
               ,
               burneth
               the
               House
               of
               another
               :
               And
               hereupon
               infers
               ,
               if
               a
               Man
               sets
               Fire
               to
               the
               House
               ,
               and
               it
               takes
               not
               ,
               that
               then
               it
               is
               not
               within
               the
               Statute
               .
            
          
           
             
               Ph.
               
            
             
               If
               a
               Man
               should
               secretly
               ,
               and
               maliciously
               lay
               a
               quantity
               of
               Gun-Powder
               under
               another
               Mans
               House
               ,
               sufficient
               to
               Blow
               it
               up
               ,
               and
               set
               a
               Train
               of
               Powder
               in
               it
               ,
               and
               set
               Fire
               to
               the
               Train
               ,
               and
               some
               Accident
               hinder
               the
               Effect
               ,
               is
               not
               this
               Burning
               ?
               or
               what
               is
               it
               ?
               What
               Crime
               ?
               It
               is
               neither
               Treason
               ,
               nor
               Murder
               ,
               nor
               Burglary
               ,
               nor
               Robbery
               ,
               nor
               Theft
               ,
               nor
               (
               no
               dammage
               being
               made
               )
               any
               Trespass
               ,
               nor
               contrary
               to
               any
               Statute
               .
               And
               yet
               (
               seeing
               the
               Common-Law
               is
               the
               
               Law
               of
               Reason
               )
               it
               is
               a
               sin
               ,
               and
               such
               a
               sin
               as
               a
               Man
               may
               be
               Accused
               of
               ,
               and
               Convicted
               ,
               and
               consequently
               a
               Crime
               committed
               of
               Malice
               prepensed
               ;
               shall
               he
               not
               then
               be
               Punished
               for
               the
               Attempt
               ?
               I
               grant
               you
               that
               a
               Judge
               has
               no
               Warrant
               from
               any
               Statute-Law
               ,
               Common-Law
               ,
               or
               Commission
               to
               appoint
               the
               Punishment
               ,
               but
               surely
               the
               King
               has
               power
               to
               Punish
               him
               (
               on
               this
               side
               of
               Life
               or
               Member
               )
               as
               he
               please
               ;
               and
               with
               the
               Assent
               of
               Parliament
               (
               if
               not
               without
               )
               to
               make
               the
               Crime
               for
               the
               future
               Capital
               .
            
          
           
             
               La.
               
            
             
               I
               know
               not
               .
               Besides
               these
               Crimes
               there
               is
               Conjuration
               ,
               Witch-craft
               ,
               Sorcery
               and
               Inchantment
               ,
               which
               are
               Capital
               by
               the
               Statute
               ,
               1
               of
               King
               
                 James
                 ,
                 cap.
              
               12.
               
            
          
           
             
               Ph.
               
            
             
               But
               I
               desire
               not
               to
               discourse
               of
               that
               Subject
               ;
               for
               though
               without
               doubt
               there
               is
               some
               great
               Wickedness
               signified
               by
               those
               Crimes
               ;
               yet
               I
               have
               ever
               found
               my self
               too
               dull
               to
               conceive
               the
               nature
               of
               them
               ,
               or
               how
               the
               Devil
               hath
               power
               to
               do
               many
               things
               which
               Witches
               have
               been
               Accused
               of
               .
               Let
               us
               now
               come
               to
               Crimes
               not
               Capital
               .
            
          
           
             
               La.
               
            
             
               Shall
               we
               pass
               over
               the
               Crime
               of
               Heresie
               ,
               which
               Sir
               
                 Edw.
                 Coke
              
               ranketh
               before
               Murder
               ,
               but
               the
               consideration
               of
               it
               will
               be
               somewhat
               long
               .
            
          
           
             
               Ph.
               
            
             
               Let
               us
               defer
               it
               till
               the
               Afternoon
               .
            
          
        
         
           
           
             Of
             Heresie
             .
          
           
             
               La.
               
            
             
               COncerning
               Heresie
               ,
               Sir
               
                 Edw.
                 Coke
                 ,
                 4
                 Inst.
              
               p.
               39.
               says
               ,
               that
               5
               things
               fall
               into
               consideration
               .
               1.
               
               Who
               be
               the
               Judges
               of
               Heresie
               .
               2.
               
               What
               shall
               be
               Judged
               Heresie
               .
               3.
               
               What
               is
               the
               Judgment
               upon
               a
               Man
               Convicted
               of
               Heresie
               .
               4.
               
               What
               the
               Law
               alloweth
               him
               to
               save
               his
               Life
               .
               5.
               
               What
               he
               shall
               forfeit
               by
               Judgment
               against
               him
               .
            
          
           
             
               Ph.
               
            
             
               The
               principal
               thing
               to
               be
               considered
               ,
               which
               is
               the
               Heresie
               it self
               ,
               he
               leaveth
               out
               ;
               viz.
               What
               it
               is
               ,
               in
               what
               Fact
               ,
               or
               Words
               it
               consisteth
               ,
               what
               Law
               it
               violateth
               ,
               Statute-Law
               ,
               or
               the
               Law
               of
               Reason
               .
               The
               Cause
               why
               he
               omitteth
               it
               ,
               may
               perhaps
               be
               this
               ;
               that
               it
               was
               not
               only
               out
               of
               his
               Profession
               ,
               but
               also
               out
               of
               his
               other
               Learning
               .
               Murder
               ,
               Robbery
               ,
               Theft
               ,
               &c.
               
               Every
               Man
               knoweth
               to
               be
               evil
               ,
               and
               are
               Crimes
               defined
               by
               the
               Statute-Law
               ,
               so
               that
               any
               Man
               may
               avoid
               them
               ,
               if
               he
               will.
               But
               who
               can
               be
               sure
               to
               avoid
               Heresie
               ,
               if
               he
               but
               dare
               to
               give
               an
               Account
               of
               his
               Faith
               ,
               unless
               he
               know
               beforehand
               what
               it
               is
               ?
            
          
           
             
               La.
               
            
             
               In
               the
               Preamble
               of
               the
               Statute
               of
               the
               
                 2d
                 ,
                 Hen.
                 4.
                 cap.
              
               15.
               
               Heresie
               is
               laid
               down
               ,
               as
               a
               Preaching
               or
               Writing
               of
               such
               Doctrine
               ,
               as
               is
               contrary
               to
               the
               determination
               of
               Holy
               Church
               .
            
          
           
             
             
               Ph.
               
            
             
               Then
               it
               is
               Heresie
               at
               this
               day
               to
               Preach
               ,
               or
               Write
               against
               Worshipping
               of
               Saints
               ,
               or
               the
               Infallibility
               of
               the
               Church
               of
               Rome
               ,
               or
               any
               other
               determination
               of
               the
               same
               Church
               :
               For
               Holy-Church
               ,
               at
               that
               time
               ,
               was
               understood
               to
               be
               the
               Church
               of
               Rome
               ,
               and
               now
               with
               us
               the
               Holy-Church
               I
               understand
               to
               be
               the
               Church
               of
               England
               ;
               and
               the
               Opinions
               in
               that
               Statute
               are
               now
               ,
               and
               were
               then
               the
               true
               Christian
               Faith.
               Also
               the
               same
               Statute
               of
               Hen.
               4.
               
               Declareth
               ,
               by
               the
               same
               Preamble
               ,
               that
               the
               Church
               of
               England
               had
               never
               been
               troubled
               with
               Heresie
               .
            
          
           
             
               La.
               
            
             
               But
               that
               Statute
               is
               Repeal'd
               .
            
          
           
             
               Ph.
               
            
             
               Then
               also
               is
               that
               Declaration
               ,
               or
               Definition
               of
               Heresie
               repeal'd
               .
            
          
           
             
               La.
               
            
             
               What
               ,
               say
               you
               ,
               is
               Heresie
               ?
            
          
           
             
               Ph.
               
            
             
               I
               say
               Heresie
               is
               a
               singularity
               of
               Doctrine
               ,
               or
               Opinion
               contrary
               to
               the
               Doctrine
               of
               another
               Man
               ,
               or
               Men
               ,
               and
               the
               word
               properly
               signifies
               the
               Doctrine
               of
               a
               Sect
               ,
               which
               Doctrine
               is
               taken
               upon
               Trust
               of
               some
               Man
               of
               Reputation
               for
               Wisdom
               ,
               that
               was
               the
               first
               Author
               of
               the
               same
               .
               If
               you
               will
               understand
               the
               truth
               hereof
               ,
               you
               are
               to
               Read
               the
               Histories
               and
               other
               Writings
               of
               the
               Antient
               Greeks
               ,
               whose
               word
               it
               is
               ,
               which
               Writings
               are
               extant
               in
               these
               days
               ,
               and
               easie
               to
               be
               had
               .
               Wherein
               you
               will
               find
               ,
               that
               in
               ,
               and
               a
               little
               before
               the
               time
               of
               Alexander
               the
               
               Great
               ;
               there
               lived
               in
               Greece
               many
               Excellent
               Wits
               ,
               that
               employed
               their
               time
               in
               search
               of
               the
               Truth
               in
               all
               manner
               of
               Sciences
               worthy
               of
               their
               Labour
               ,
               and
               which
               to
               their
               great
               Honour
               and
               Applause
               published
               their
               Writings
               ;
               some
               concerning
               Justice
               ,
               Laws
               ,
               and
               Government
               ,
               some
               concerning
               Good
               ,
               and
               Evil
               Manners
               ,
               some
               concerning
               the
               Causes
               of
               things
               Natural
               ,
               and
               of
               Events
               discernable
               by
               sense
               ;
               and
               some
               of
               all
               these
               Subjects
               .
               And
               of
               the
               Authors
               of
               these
               ,
               the
               Principal
               were
               
                 Pythagoras
                 ,
                 Plato
                 ,
                 Zeno
                 ,
                 Epicurus
              
               and
               Aristotle
               ,
               Men
               of
               deep
               and
               laborious
               Meditation
               ,
               and
               such
               as
               did
               not
               get
               their
               Bread
               by
               their
               Philosophy
               ,
               but
               were
               able
               to
               live
               of
               their
               own
               ,
               and
               were
               in
               Honour
               with
               Princes
               ,
               and
               other
               great
               Personages
               .
               But
               these
               Men
               ,
               though
               above
               the
               rest
               in
               Wisdom
               ,
               yet
               their
               Doctrine
               in
               many
               points
               did
               disagree
               ;
               whereby
               it
               came
               to
               pass
               ,
               that
               such
               Men
               as
               studied
               their
               Writings
               ,
               inclined
               ,
               some
               to
               Pythagoras
               ,
               some
               to
               Plato
               ,
               some
               to
               Aristotle
               ,
               some
               to
               Zeno
               ,
               and
               some
               to
               Epicurus
               .
               But
               Philosophy
               it self
               was
               then
               so
               much
               in
               Fashion
               ,
               as
               that
               every
               Rich
               Man
               endeavour'd
               to
               have
               his
               Children
               educated
               in
               the
               Doctrine
               of
               some
               ,
               or
               other
               of
               these
               Philosophers
               ,
               which
               were
               for
               their
               Wisdom
               so
               much
               renown'd
               .
               Now
               those
               that
               followed
               Pythagoras
               ,
               were
               called
               Pythagoreans
               ;
               those
               that
               followed
               
                 Plato
                 ,
                 Academicks
              
               ;
               those
               that
               
               followed
               
                 Zeno
                 ,
                 Stoicks
              
               ;
               those
               that
               followed
               
                 Epicurus
                 ,
                 Epicureans
              
               ,
               and
               those
               that
               followed
               
                 Aristotle
                 ,
                 Peripateticks
              
               ,
               which
               are
               the
               names
               of
               Heresie
               in
               Greek
               ,
               which
               signifies
               no
               more
               but
               taking
               of
               an
               Opinion
               ;
               and
               the
               said
               
                 Pythagoreans
                 ,
                 Academicks
                 ,
                 Stoicks
                 ,
                 Peripateticks
                 ,
                 &c.
              
               were
               termed
               by
               the
               names
               of
               so
               many
               several
               Heresies
               .
               All
               Men
               (
               you
               know
               )
               are
               subject
               to
               Error
               ,
               and
               the
               ways
               of
               Error
               very
               different
               ;
               and
               therefore
               't
               is
               no
               wonder
               if
               these
               Wise
               ,
               and
               diligent
               searchers
               of
               the
               Truth
               did
               ,
               notwithstanding
               their
               Excellent
               parts
               ,
               differ
               in
               many
               points
               amongst
               themselves
               .
               But
               this
               Laudable
               Custom
               of
               Great
               ,
               Wealthy
               Persons
               to
               have
               their
               Children
               at
               any
               price
               to
               learn
               Philosophy
               ,
               suggested
               to
               many
               idle
               and
               needy
               Fellows
               ,
               an
               easie
               and
               compendious
               way
               of
               Maintenance
               ;
               which
               was
               to
               Teach
               the
               Philosophy
               ,
               some
               of
               Plato
               ,
               some
               of
               
                 Aristotle
                 ,
                 &c.
              
               
               Whose
               Books
               to
               that
               end
               they
               Read
               over
               ,
               but
               without
               Capacity
               ,
               or
               much
               Endeavour
               to
               examine
               the
               Reasons
               of
               their
               Doctrines
               ,
               taking
               only
               the
               Conclusions
               ,
               as
               they
               lay
               ;
               and
               setting
               up
               with
               this
               ,
               they
               soon
               professed
               themselves
               Philosophers
               ,
               and
               got
               to
               be
               the
               School-Masters
               to
               the
               Youth
               of
               Greece
               ;
               but
               by
               Competition
               for
               such
               Employment
               ,
               they
               hated
               and
               reviled
               one
               another
               with
               all
               the
               bitter
               Terms
               they
               could
               invent
               ;
               and
               very
               often
               ,
               when
               upon
               Occasion
               
               they
               were
               in
               Civil
               Company
               ,
               fell
               first
               to
               Disputation
               ,
               and
               then
               to
               Blows
               ,
               to
               the
               great
               trouble
               of
               the
               Company
               ,
               and
               their
               own
               shame
               .
               Yet
               amongst
               all
               their
               reproachful
               words
               the
               name
               of
               Heretick
               came
               never
               in
               ,
               because
               they
               were
               all
               equally
               Hereticks
               ,
               their
               Doctrine
               not
               being
               theirs
               ,
               but
               taken
               upon
               Trust
               from
               the
               aforesaid
               Authors
               .
               So
               that
               though
               we
               find
               Heresie
               often
               mentioned
               in
               Lucian
               ,
               and
               other
               Heathen
               Authors
               ,
               yet
               we
               shall
               not
               find
               in
               any
               of
               them
               Haereticus
               for
               a
               Heretick
               .
               And
               this
               Disorder
               among
               the
               Philosophers
               continued
               a
               long
               time
               in
               Greece
               ,
               and
               Infecting
               also
               the
               Romans
               ,
               was
               at
               the
               greatest
               in
               the
               times
               of
               the
               Apostles
               ,
               and
               in
               the
               Primitive
               Church
               ,
               till
               the
               time
               of
               the
               Nicene
               Council
               ,
               and
               somewhat
               after
               .
               But
               at
               last
               the
               Authority
               of
               the
               Stoicks
               and
               Epicureans
               was
               not
               much
               Esteemed
               ,
               only
               
               Plato's
               and
               Aristotle's
               Philosophy
               were
               much
               in
               Credit
               ;
               
               Plato's
               with
               the
               better
               sort
               ,
               that
               founded
               their
               Doctrine
               upon
               the
               Conceptions
               and
               Ideas
               of
               things
               ,
               and
               
               Aristotle's
               with
               those
               that
               reasoned
               only
               from
               the
               names
               of
               Things
               ,
               according
               to
               the
               Scale
               of
               the
               Categories
               :
               Nevertheless
               there
               were
               always
               ,
               though
               not
               New
               Sects
               of
               Philosophy
               ,
               yet
               New
               Opinions
               continually
               arising
               .
            
          
           
             
             
               La.
               
            
             
               But
               how
               came
               the
               word
               Heretick
               to
               be
               a
               Reproach
               ?
            
          
           
             
               Ph.
               
            
             
               Stay
               a
               little
               .
               After
               the
               Death
               of
               our
               Saviour
               his
               Apostles
               ,
               and
               his
               Disciples
               ,
               as
               you
               know
               ,
               dispersed
               themselves
               into
               several
               parts
               of
               the
               World
               to
               Preach
               the
               Gospel
               ,
               and
               converted
               much
               People
               ,
               especially
               in
               Asia
               the
               less
               ,
               in
               Greece
               and
               Italy
               ,
               where
               they
               Constituted
               many
               Churches
               ;
               and
               as
               they
               Travelled
               from
               place
               to
               place
               ,
               left
               Bishops
               to
               Teach
               and
               Direct
               those
               their
               Converts
               ,
               and
               to
               appoint
               Presbyters
               under
               them
               to
               Assist
               them
               therein
               ,
               and
               to
               Confirm
               them
               by
               setting
               forth
               the
               Life
               ,
               and
               Miracles
               of
               our
               Saviour
               ,
               as
               they
               had
               receiv'd
               it
               from
               the
               Writings
               of
               the
               Apostles
               and
               Evangelists
               ;
               whereby
               (
               and
               not
               by
               the
               Authority
               of
               Plato
               ,
               or
               Aristotle
               ,
               or
               any
               other
               Philosopher
               )
               they
               were
               to
               be
               Instructed
               .
               Now
               you
               cannot
               doubt
               but
               that
               among
               so
               many
               Heathens
               converted
               in
               the
               time
               of
               the
               Apostles
               ,
               there
               were
               Men
               of
               all
               Professions
               ,
               and
               Dispositions
               ,
               and
               some
               that
               had
               never
               thought
               of
               Philosophy
               at
               all
               ,
               but
               were
               intent
               upon
               their
               Fortunes
               ,
               or
               their
               Pleasures
               ;
               and
               some
               that
               had
               a
               greater
               ,
               some
               a
               lesser
               use
               of
               Reason
               ;
               and
               some
               that
               had
               studied
               Philosophy
               ,
               but
               professed
               it
               not
               ,
               which
               were
               commonly
               the
               Men
               of
               the
               better
               Rank
               ;
               and
               some
               had
               Professed
               it
               only
               for
               their
               better
               Abstinence
               ,
               and
               had
               it
               not
               
               farther
               ,
               than
               readily
               to
               talk
               and
               wrangle
               ;
               and
               some
               were
               Christians
               in
               good
               earnest
               ,
               and
               others
               but
               Counterfeit
               ,
               intending
               to
               make
               use
               of
               the
               Charity
               of
               those
               that
               were
               sincere
               Christians
               ,
               which
               in
               those
               times
               was
               very
               great
               .
               Tell
               me
               now
               of
               these
               sorts
               of
               Christians
               which
               was
               the
               most
               likely
               to
               afford
               the
               fittest
               Men
               to
               propagate
               the
               Faith
               by
               Preaching
               ,
               and
               Writing
               ,
               or
               Publick
               or
               private
               Disputation
               ;
               that
               is
               to
               say
               ,
               who
               were
               fittest
               to
               be
               made
               Presbyters
               and
               Bishops
               ?
            
          
           
             
               La.
               
            
             
               Certainly
               those
               who
               (
               
                 caeteris
                 paribus
              
               )
               could
               make
               the
               best
               use
               of
               
               Aristotle's
               Rhetorick
               ,
               and
               Logick
               .
            
          
           
             
               Ph.
               
            
             
               And
               who
               were
               the
               most
               prone
               to
               Innovation
               ?
            
          
           
             
               La.
               
            
             
               They
               that
               were
               most
               confident
               of
               
               Aristotle's
               ,
               and
               
               Plato's
               (
               their
               former
               Masters
               )
               Natural
               Philosophy
               :
               For
               they
               would
               be
               the
               aptest
               to
               wrest
               the
               Writings
               of
               the
               Apostles
               ,
               and
               all
               Scriptures
               to
               the
               Doctrine
               in
               which
               their
               Reputation
               was
               engag'd
               .
            
          
           
             
               Ph.
               
            
             
               And
               from
               such
               Bishops
               and
               Priests
               ,
               and
               other
               Sectaries
               it
               was
               ,
               that
               Heresie
               ,
               amongst
               the
               Christians
               ,
               first
               came
               to
               be
               a
               Reproach
               :
               For
               no
               sooner
               had
               one
               of
               them
               Preached
               ,
               or
               Published
               any
               Doctrine
               that
               displeased
               ,
               either
               the
               most
               ,
               or
               the
               most
               Leading
               Men
               of
               the
               rest
               ,
               but
               it
               became
               such
               a
               Quarrel
               as
               not
               to
               be
               decided
               ,
               but
               by
               a
               
               Council
               of
               the
               Bishops
               in
               the
               Province
               where
               they
               Lived
               ;
               wherein
               he
               that
               would
               not
               submit
               to
               the
               General
               Decree
               ,
               was
               called
               an
               Heretick
               ,
               as
               one
               that
               would
               not
               reliquish
               the
               Philosophy
               of
               his
               Sect
               ;
               the
               rest
               of
               the
               Council
               gave
               themselves
               the
               name
               of
               Catholicks
               ,
               and
               to
               their
               Church
               ,
               the
               name
               of
               Catholick
               Church
               .
               And
               thus
               came
               up
               the
               opposite
               Terms
               of
               Catholick
               and
               Heretick
               .
            
          
           
             
               La.
               
            
             
               I
               understand
               how
               it
               came
               to
               be
               a
               Reproach
               ,
               but
               not
               how
               it
               follows
               that
               every
               Opinion
               condemned
               by
               a
               Church
               that
               is
               ,
               or
               calls
               it self
               Catholick
               ,
               must
               needs
               be
               an
               Error
               ,
               or
               a
               Sin.
               The
               Church
               of
               England
               denies
               that
               Consequence
               ,
               and
               that
               Doctrine
               as
               they
               hold
               cannot
               be
               proved
               to
               be
               Erroneous
               ,
               but
               by
               the
               Scripture
               ,
               which
               cannot
               Err
               ;
               but
               the
               Church
               ,
               being
               but
               men
               ,
               may
               both
               Err
               ,
               and
               Sin.
               
            
          
           
             
               Ph.
               
            
             
               In
               this
               Case
               we
               must
               consider
               also
               that
               Error
               ,
               in
               it's
               own
               Nature
               ,
               is
               no
               Sin
               :
               For
               it
               is
               Impossible
               for
               a
               Man
               to
               Err
               on
               purpose
               ,
               he
               cannot
               have
               an
               Intention
               to
               Err
               ;
               and
               nothing
               is
               Sin
               ,
               unless
               there
               be
               a
               sinful
               Intention
               ;
               much
               less
               are
               such
               Errors
               Sins
               ,
               as
               neither
               hurt
               the
               Common-wealth
               ,
               nor
               any
               private
               Man
               ,
               nor
               are
               against
               any
               Law
               Positive
               ,
               or
               Natural
               ;
               such
               Errors
               as
               were
               those
               for
               which
               Men
               were
               burnt
               in
               the
               time
               when
               the
               Pope
               had
               the
               Government
               of
               this
               Church
               .
            
          
           
             
             
               La.
               
            
             
               Since
               you
               have
               told
               me
               how
               Herefie
               came
               to
               be
               a
               name
               ,
               tell
               me
               also
               how
               it
               came
               to
               be
               a
               Crime
               ?
               And
               what
               were
               the
               Heresies
               that
               first
               were
               made
               Crimes
               ?
            
          
           
             
               Ph.
               
            
             
               Since
               the
               Christian
               Church
               could
               declare
               ,
               and
               none
               else
               ,
               what
               Doctrine
               were
               Heresies
               ,
               but
               had
               no
               power
               to
               make
               Statutes
               for
               the
               punishment
               of
               Hereticks
               before
               they
               had
               a
               Christian
               King
               ;
               it
               is
               manifest
               that
               Heresie
               could
               not
               be
               made
               a
               Crime
               before
               the
               first
               Christian
               Emperor
               ,
               which
               was
               Constantine
               the
               Great
               .
               In
               his
               time
               one
               Arius
               a
               Priest
               of
               Alexandria
               in
               Dispute
               with
               his
               Bishop
               ,
               Publickly
               denyed
               the
               Divinity
               of
               Christ
               ,
               and
               Maintained
               it
               afterwards
               in
               the
               Pulpit
               ,
               which
               was
               the
               Cause
               of
               a
               Sedition
               ,
               and
               much
               Blood
               shed
               ,
               both
               of
               Citizens
               ,
               and
               Souldiers
               in
               that
               City
               .
               For
               the
               preventing
               of
               the
               like
               for
               the
               time
               to
               come
               ,
               the
               Emperor
               called
               a
               General
               Council
               of
               Bishops
               to
               the
               City
               of
               Nice
               ,
               who
               being
               met
               ,
               he
               exhorted
               them
               to
               agree
               upon
               a
               Confession
               of
               the
               Christian
               Faith
               ,
               promising
               whatsoever
               they
               agreed
               on
               he
               would
               cause
               to
               be
               observed
               .
            
          
           
             
               La.
               
            
             
               By
               the
               way
               ,
               the
               Emperor
               (
               I
               think
               )
               was
               here
               a
               little
               too
               Indifferent
               .
            
          
           
             
               Ph.
               
            
             
               In
               this
               Council
               was
               Established
               so
               much
               of
               the
               Creed
               we
               now
               use
               ,
               and
               call
               the
               Nicene
               Creed
               ,
               as
               reacheth
               to
               the
               words
               ,
               
                 I
                 believe
                 in
                 the
                 Holy
                 Ghost
                 .
              
               The
               rest
               was
               Established
               
               by
               the
               3
               General
               Councils
               next
               succeeding
               .
               By
               the
               words
               of
               which
               Creed
               almost
               all
               the
               Heresies
               then
               in
               being
               ,
               and
               especially
               the
               Doctrine
               of
               Arius
               ,
               were
               Condemn'd
               :
               So
               that
               now
               all
               Doctrines
               Published
               by
               Writing
               ,
               or
               by
               Word
               ,
               and
               repugnant
               to
               this
               Confession
               of
               the
               first
               four
               General
               Councils
               ,
               and
               contained
               in
               the
               Nicene
               Creed
               were
               ,
               by
               the
               Imperial
               Law
               forbidding
               them
               ,
               made
               Crimes
               ;
               such
               as
               are
               that
               of
               Arius
               denying
               the
               Divinity
               of
               Christ
               ;
               that
               of
               Eutiches
               denying
               the
               2
               Natures
               of
               Christ
               ;
               that
               of
               the
               Nestorians
               denying
               the
               Divinity
               of
               the
               Holy
               Ghost
               ;
               that
               of
               the
               Anthropomorphites
               ,
               that
               of
               the
               Manichees
               ,
               that
               of
               the
               Anabaptists
               ,
               and
               many
               other
               .
            
          
           
             
               La.
               
            
             
               What
               Punishment
               had
               Arius
               ?
            
          
           
             
               Ph.
               
            
             
               At
               the
               first
               for
               refusing
               to
               Subscribe
               ,
               he
               was
               deprived
               and
               Banished
               ;
               but
               afterwards
               having
               satisfied
               the
               Emperor
               concerning
               his
               future
               Obedience
               (
               for
               the
               Emperor
               caused
               his
               Confession
               to
               be
               made
               ,
               not
               for
               the
               regard
               of
               Truth
               of
               Doctrine
               ,
               but
               for
               the
               preserving
               of
               the
               Peace
               ,
               especially
               among
               his
               Christian
               Souldiers
               ,
               by
               whose
               valour
               he
               had
               gotten
               the
               Empire
               ,
               and
               by
               the
               same
               was
               to
               preserve
               it
               )
               he
               was
               received
               again
               into
               Grace
               ,
               but
               dyed
               before
               he
               could
               repossess
               his
               Benefice
               .
               But
               after
               the
               time
               of
               those
               Councils
               ,
               the
               Imperial
               Law
               made
               the
               Punishment
               for
               Heresie
               to
               be
               Capital
               ,
               though
               
               the
               manner
               of
               the
               Death
               was
               left
               to
               the
               Praefects
               in
               their
               several
               Jurisdictions
               ;
               and
               thus
               it
               continued
               till
               somewhat
               after
               the
               time
               of
               the
               Emperor
               
                 Frederick
                 Barbarossa
              
               ,
               and
               the
               Papacy
               having
               gotten
               the
               upper
               hand
               of
               the
               Emperor
               ,
               brought
               in
               the
               use
               of
               Burning
               both
               Hereticks
               ,
               and
               Apostates
               ;
               and
               the
               Popes
               from
               time
               to
               time
               made
               Heresie
               of
               many
               other
               points
               of
               Doctrine
               ,
               (
               as
               they
               saw
               it
               conduce
               to
               the
               setting
               up
               of
               the
               Chair
               above
               the
               Throne
               )
               besides
               those
               determined
               in
               the
               Nicene
               Creed
               ,
               and
               brought
               in
               the
               use
               of
               Burning
               ;
               and
               according
               to
               this
               Papal-Law
               there
               was
               an
               Apostate
               Burnt
               at
               Oxford
               in
               the
               time
               of
               William
               the
               Conqueror
               for
               turning
               Jew
               .
               But
               of
               a
               Heretick
               Burnt
               in
               England
               there
               is
               no
               mention
               made
               till
               after
               the
               Statute
               of
               2
               Hen.
               4.
               
               Whereby
               some
               followers
               of
               Wiclif
               (
               called
               Lollards
               )
               were
               afterwards
               Burned
               ,
               and
               that
               for
               such
               Doctrines
               ,
               as
               by
               the
               Church
               of
               England
               ,
               ever
               since
               the
               first
               year
               of
               Queen
               El.
               have
               been
               approved
               for
               Godly
               Doctrines
               ,
               and
               no
               doubt
               were
               Godly
               then
               ;
               and
               so
               you
               see
               how
               many
               have
               been
               Burnt
               for
               Godliness
               .
            
          
           
             
               La.
               
            
             
               'T
               was
               not
               well
               done
               ;
               but
               't
               is
               no
               wonder
               we
               read
               of
               no
               Hereticks
               before
               the
               time
               of
               H.
               4.
               
               For
               in
               the
               Preamble
               to
               that
               Statute
               it
               is
               intimated
               ,
               that
               before
               those
               Lollards
               there
               never
               was
               any
               Heresie
               in
               England
               .
            
          
           
             
             
               Ph.
               
            
             
               I
               think
               so
               too
               ;
               for
               we
               have
               been
               the
               tamest
               Nation
               to
               the
               Pope
               of
               all
               the
               World.
               But
               what
               Statutes
               concerning
               Heresie
               have
               there
               been
               made
               since
               ?
            
          
           
             
               La.
               
            
             
               The
               Statute
               of
               2
               
                 H.
                 5.
                 c.
              
               7.
               which
               adds
               to
               the
               Burning
               the
               Forfeiture
               of
               Lands
               ,
               and
               Goods
               ,
               and
               then
               no
               more
               till
               the
               25
               H.
               8.
               c.
               14.
               which
               confirms
               the
               two
               former
               and
               giveth
               some
               new
               Rules
               concerning
               how
               they
               shall
               be
               Proceeded
               with
               .
               But
               by
               the
               Statute
               of
               1
               
                 Ed.
                 6.
                 cap.
              
               12.
               
               All
               Acts
               of
               Parliament
               formerly
               made
               to
               punish
               any
               manner
               of
               Doctrine
               concerning
               Religion
               are
               repeal'd
               .
               For
               therein
               it
               is
               ordain'd
               ,
               after
               divers
               Acts
               specified
               ;
               that
               all
               and
               every
               other
               Act
               ,
               or
               Acts
               of
               Parliament
               concerning
               Doctrine
               ,
               or
               matters
               of
               Religion
               ,
               and
               all
               ,
               and
               every
               Branch
               ,
               Article
               ,
               Sentence
               and
               Matter
               ,
               Pains
               and
               Forfeitures
               contained
               ,
               mentioned
               ,
               or
               any
               wise
               declared
               in
               the
               same
               Acts
               of
               Parliament
               or
               Statutes
               shall
               be
               from
               henceforth
               Repealed
               ,
               utterly
               void
               ,
               and
               of
               none
               effect
               .
               So
               that
               in
               the
               time
               of
               King
               Ed.
               6.
               not
               only
               all
               Punishments
               of
               Heresie
               were
               taken
               away
               ,
               but
               also
               the
               Nature
               of
               it
               was
               changed
               ,
               to
               what
               Originally
               it
               was
               ,
               a
               Private
               Opinion
               .
               Again
               in
               12
               Phil.
               and
               Ma.
               those
               former
               Statutes
               of
               2
               
                 H.
                 4.
                 cap.
                 15.
                 2
                 
                 H.
                 5.
                 
                 Cap.
                 17.
                 25.
                 
                 H.
                 8.
                 cap.
              
               14.
               are
               Revived
               ,
               and
               the
               Branch
               of
               1
               
                 Ed.
                 6.
                 cap.
              
               12.
               touching
               Doctrine
               (
               though
               not
               specially
               
               named
               )
               seemeth
               to
               be
               this
               ,
               that
               the
               same
               Statute
               confirmeth
               the
               Statute
               of
               25
               Ed.
               3.
               concerning
               Treasons
               .
               Lastly
               ,
               in
               the
               first
               year
               of
               Queen
               
                 Eliz.
                 cap.
              
               1.
               the
               aforesaid
               Statutes
               of
               Queen
               Mary
               are
               taken
               away
               ,
               and
               thereby
               the
               Statute
               of
               1
               
                 Ed.
                 cap.
              
               12.
               
               Revived
               ;
               so
               as
               there
               was
               no
               Statute
               left
               for
               the
               Punishment
               of
               Hereticks
               .
               But
               Queen
               Eliz.
               by
               the
               Advice
               of
               her
               Parliament
               gave
               a
               Commission
               (
               which
               was
               called
               the
               High-Commission
               )
               to
               certain
               Persons
               (
               amongst
               whom
               were
               very
               many
               of
               the
               Bishops
               )
               to
               Declare
               what
               should
               be
               Heresie
               for
               the
               future
               ;
               but
               with
               a
               Restraint
               ,
               that
               they
               should
               Judge
               nothing
               to
               be
               Heresie
               ,
               but
               what
               had
               been
               so
               declared
               in
               the
               first
               four
               General
               Councils
               .
            
          
           
             
               Ph.
               
            
             
               From
               this
               which
               you
               have
               shewed
               me
               ,
               I
               think
               we
               may
               proceed
               to
               the
               Examination
               of
               the
               Learned
               Sir
               
                 Edw.
                 Coke
              
               concerning
               Heresie
               .
               In
               his
               Chapter
               of
               Heresie
               ,
               3
               Inst.
               p.
               40.
               he
               himself
               confesseth
               ,
               that
               no
               Statute
               against
               Heresie
               stood
               then
               in
               force
               :
               when
               in
               the
               9th
               year
               of
               King
               
                 James
                 ,
                 Bartholomew
                 Legat
              
               was
               Burnt
               for
               Arianism
               ,
               and
               that
               from
               the
               Authority
               of
               the
               Act
               of
               2
               
                 Hen.
                 4.
                 cap.
              
               15.
               and
               other
               Acts
               cited
               in
               the
               Margin
               ,
               it
               may
               be
               gather'd
               ,
               that
               the
               Diocesan
               hath
               the
               Jurisdiction
               of
               Heresie
               .
               This
               I
               say
               is
               not
               true
               :
               For
               as
               to
               Acts
               of
               Parliament
               it
               is
               manifest
               ,
               that
               from
               Acts
               Repealed
               ;
               
               that
               is
               to
               say
               ,
               from
               things
               that
               have
               no
               being
               ,
               there
               can
               be
               gathered
               nothing
               .
               And
               as
               to
               the
               other
               Authorities
               in
               the
               Margin
               ,
               Fitzherbert
               ,
               and
               the
               Doctor
               and
               Student
               ,
               they
               say
               no
               more
               than
               what
               was
               Law
               in
               the
               time
               when
               they
               writ
               ;
               that
               is
               ,
               when
               the
               Popes
               Usurped
               Authority
               was
               here
               obeyed
               :
               But
               if
               they
               had
               Written
               this
               in
               the
               time
               of
               King
               Ed.
               6.
               or
               Queen
               Elizabeth
               ,
               Sir
               
                 Edw.
                 Coke
              
               might
               as
               well
               have
               cited
               his
               own
               Authority
               ,
               as
               theirs
               ;
               for
               their
               Opinions
               had
               no
               more
               the
               force
               of
               Laws
               than
               his
               .
               Then
               he
               cites
               this
               Precedent
               of
               Legat
               ,
               and
               another
               of
               Hammond
               in
               the
               time
               of
               Queen
               Elizabeth
               ;
               but
               Precedents
               prove
               only
               what
               was
               done
               ,
               and
               not
               what
               was
               well
               done
               .
               VVhat
               Jurisdiction
               could
               the
               Diocesan
               then
               have
               of
               Heresie
               ,
               when
               by
               the
               Statute
               of
               
                 Ed.
                 6.
                 cap.
              
               12.
               then
               in
               force
               ,
               there
               was
               no
               Heresie
               ,
               and
               all
               Punishment
               for
               Opinions
               forbidden
               :
               For
               Heresie
               is
               a
               Doctrine
               contrary
               to
               the
               Determination
               of
               the
               Church
               ,
               but
               then
               the
               Church
               had
               not
               Determined
               any
               thing
               at
               all
               concerning
               Heresie
               .
            
          
           
             
               La.
               
            
             
               But
               seeing
               the
               High
               Commissioners
               had
               Power
               to
               Correct
               ,
               and
               Amend
               Heresies
               ,
               they
               must
               have
               Power
               to
               cite
               such
               as
               were
               Accused
               of
               Heresie
               ,
               to
               appear
               before
               them
               ,
               or
               else
               they
               could
               not
               execute
               their
               Commission
               .
            
          
           
             
             
               Ph.
               
            
             
               If
               they
               had
               first
               made
               ,
               and
               published
               a
               Declaration
               of
               what
               Articles
               they
               made
               Heresie
               ,
               that
               when
               one
               Man
               heard
               another
               speak
               against
               their
               Declaration
               ,
               he
               might
               thereof
               inform
               the
               Commissioners
               ,
               then
               indeed
               they
               had
               had
               Power
               to
               cite
               ,
               and
               imprison
               the
               Person
               accus'd
               ;
               but
               before
               they
               had
               known
               what
               should
               be
               Heresie
               ;
               how
               was
               it
               possible
               that
               one
               Man
               should
               accuse
               another
               ?
               And
               before
               he
               be
               accused
               ,
               how
               can
               he
               be
               cited
               ?
            
          
           
             
               La.
               
            
             
               Perhaps
               it
               was
               taken
               for
               granted
               ,
               that
               whatsoever
               was
               contrary
               to
               any
               of
               the
               4
               first
               General
               Councils
               ,
               was
               to
               be
               judged
               Heresie
               .
            
          
           
             
               Ph.
               
            
             
               That
               granted
               ,
               yet
               I
               see
               not
               how
               one
               Man
               might
               accuse
               another
               '
               ere
               the
               better
               for
               those
               Councils
               .
               For
               not
               one
               Man
               of
               ten
               thousand
               had
               ever
               read
               them
               ,
               nor
               were
               they
               ever
               Published
               in
               English
               ,
               that
               a
               Man
               might
               avoid
               Offending
               against
               them
               ,
               nor
               perhaps
               are
               they
               extant
               ;
               nor
               if
               those
               that
               we
               have
               Printed
               in
               Latin
               are
               the
               very
               Acts
               of
               the
               Councils
               (
               which
               is
               yet
               much
               disputed
               amongst
               Divines
               )
               do
               I
               think
               it
               fit
               they
               were
               put
               in
               the
               Vulgar
               Tongues
               .
               But
               it
               is
               not
               likely
               that
               the
               makers
               of
               the
               Statutes
               had
               any
               purpose
               to
               make
               Heresie
               of
               whatsoever
               was
               repugnant
               to
               those
               4
               General
               Councils
               :
               For
               if
               they
               had
               ,
               I
               believe
               the
               Anabaptists
               ,
               of
               which
               there
               was
               great
               plenty
               ,
               
               in
               those
               times
               ,
               would
               one
               time
               or
               other
               have
               been
               question'd
               upon
               this
               Article
               of
               the
               Nicene
               Creed
               ,
               
                 I
                 believe
                 one
                 Baptism
                 for
                 the
                 Remission
                 of
                 sins
              
               ;
               nor
               was
               the
               Commission
               it self
               for
               a
               long
               time
               after
               Registred
               ,
               that
               Men
               might
               in
               such
               uncertainty
               take
               heed
               and
               abstain
               (
               for
               their
               better
               safety
               )
               from
               speaking
               of
               Religion
               any
               thing
               at
               all
               .
               But
               by
               what
               Law
               was
               this
               Heretick
               Legat
               burnt
               ?
               I
               grant
               he
               was
               an
               Arian
               ,
               and
               his
               Heresie
               contrary
               to
               the
               Determination
               of
               the
               Church
               of
               England
               ,
               in
               the
               Highest
               Points
               of
               Christianity
               ;
               but
               seeing
               there
               was
               no
               Statute-Law
               to
               burn
               him
               ,
               and
               no
               Penalty
               forbidden
               ,
               by
               what
               Law
               ,
               by
               what
               Authority
               was
               he
               burn't
               ?
            
          
           
             
               La.
               
            
             
               That
               this
               Legat
               was
               accused
               of
               Heresie
               ,
               was
               no
               fault
               of
               the
               High
               Commissioners
               ,
               but
               when
               he
               was
               accused
               ,
               it
               had
               been
               a
               fault
               in
               them
               not
               to
               have
               examin'd
               him
               ,
               or
               having
               examin'd
               him
               ,
               and
               found
               him
               an
               Arian
               ,
               not
               to
               have
               judged
               him
               so
               ,
               or
               not
               to
               have
               certified
               him
               so
               .
               All
               this
               they
               did
               ,
               and
               this
               was
               all
               that
               belonged
               unto
               them
               ;
               they
               medled
               not
               with
               his
               Burning
               ,
               but
               left
               him
               to
               the
               Secular
               Power
               to
               do
               with
               him
               what
               they
               pleased
               .
            
          
           
             
               Ph.
               
            
             
               Your
               Justification
               of
               the
               Commissioners
               is
               nothing
               to
               the
               Question
               ;
               the
               Question
               is
               by
               what
               Law
               he
               was
               burn't
               ,
               the
               Spiritual-Law
               gives
               no
               Sentence
               of
               Temporal
               
               Punishment
               ,
               and
               Sir
               
                 Edw.
                 Coke
              
               confesseth
               that
               ,
               he
               could
               not
               be
               burned
               ,
               and
               Burning
               forbidden
               by
               Statute-Law
               .
               By
               what
               Law
               then
               was
               he
               burned
               ?
            
          
           
             
               La.
               
            
             
               By
               the
               Common-Law
               .
            
          
           
             
               Ph.
               
            
             
               What
               's
               that
               ?
               It
               is
               not
               Custom
               ;
               for
               before
               the
               time
               of
               Henry
               the
               4th
               ,
               there
               was
               no
               such
               Custom
               in
               England
               ;
               for
               if
               there
               had
               ,
               yet
               those
               Laws
               that
               came
               after
               were
               but
               Confirmations
               of
               the
               Customs
               ,
               and
               therefore
               the
               Repealing
               of
               those
               Laws
               was
               a
               Repealing
               of
               the
               Custom
               .
               For
               when
               King
               Ed.
               the
               6th
               ,
               and
               Queen
               Eliz.
               abolished
               those
               Statutes
               ,
               they
               abolished
               all
               Pains
               ,
               and
               consequently
               ,
               Burning
               ,
               or
               else
               they
               had
               abolished
               nothing
               .
               And
               if
               you
               will
               say
               he
               was
               burn't
               by
               the
               Law
               of
               Reason
               ,
               you
               must
               tell
               me
               how
               there
               can
               be
               Proportion
               between
               Doctrine
               and
               Burning
               ;
               there
               can
               be
               no
               Equality
               ,
               nor
               Majority
               ,
               nor
               Minority
               Assigned
               between
               them
               .
               The
               Proportion
               that
               is
               between
               them
               ,
               is
               the
               Proportion
               of
               the
               Mischief
               which
               the
               Doctrine
               maketh
               ,
               to
               the
               Mischief
               to
               be
               Inflicted
               on
               the
               Doctor
               ;
               and
               this
               is
               to
               be
               measur'd
               only
               by
               him
               that
               hath
               the
               charge
               of
               Governing
               the
               People
               ,
               and
               consequently
               ,
               the
               Punishing
               of
               Offences
               can
               be
               determined
               by
               none
               but
               by
               the
               King
               ,
               and
               that
               ,
               if
               it
               extend
               to
               life
               or
               member
               ,
               with
               the
               Assent
               of
               Parliament
               .
            
          
           
             
             
               La.
               
            
             
               He
               does
               not
               draw
               any
               Argument
               for
               it
               from
               Reason
               ,
               but
               alledgeth
               for
               it
               this
               Judgment
               executed
               upon
               Legat
               ,
               and
               a
               story
               out
               of
               Hollingshed
               ,
               and
               Stow
               :
               But
               I
               know
               that
               neither
               History
               ,
               nor
               Precedent
               will
               pass
               with
               you
               for
               Law.
               And
               though
               there
               be
               a
               Writ
               
                 de
                 haeretico
                 comburendo
              
               in
               the
               Register
               (
               as
               you
               may
               Read
               in
               Fitzherbert
               )
               grounded
               upon
               the
               Statutes
               of
               2
               
                 H.
                 4.
                 cap.
                 15.
              
               and
               2
               
                 H.
                 5.
                 cap.
              
               7.
               yet
               seeing
               those
               Statutes
               are
               void
               ,
               you
               will
               say
               the
               VVrit
               is
               also
               void
               .
            
          
           
             
               Ph.
               
            
             
               Yes
               indeed
               will
               I.
               Besides
               this
               ,
               I
               understand
               not
               how
               that
               is
               true
               that
               he
               saith
               ;
               that
               the
               Diocesan
               hath
               Jurisdiction
               of
               Heresie
               ,
               and
               that
               so
               it
               was
               put
               in
               ure
               in
               all
               Queen
               Elizabeths
               Reign
               ;
               whereas
               by
               the
               Statute
               it
               is
               manifest
               ,
               that
               all
               Jurisdiction
               spiritual
               ,
               was
               given
               under
               the
               Queen
               ,
               to
               the
               High
               Commissioners
               ,
               how
               then
               could
               any
               one
               Diocesan
               have
               any
               part
               thereof
               without
               deputation
               from
               them
               ,
               which
               by
               their
               Letters
               Patents
               they
               could
               not
               grant
               ,
               nor
               was
               it
               reasonable
               they
               should
               :
               For
               the
               Trust
               was
               not
               committed
               to
               the
               Bishops
               only
               ,
               but
               also
               to
               divers
               Lay-Persons
               ,
               who
               might
               have
               an
               Eye
               upon
               their
               Proceedings
               ,
               lest
               they
               should
               Incroach
               upon
               the
               power
               Temporal
               .
               But
               at
               this
               day
               there
               is
               neither
               Statute
               ,
               nor
               any
               Law
               to
               Punish
               Doctrine
               ,
               but
               the
               ordinary
               Power
               Ecclesiastical
               ,
               and
               that
               
               according
               to
               the
               Canons
               of
               the
               Church
               of
               England
               ,
               only
               Authorized
               by
               the
               King
               ,
               the
               High
               Commission
               being
               long
               since
               abolished
               .
               Therefore
               let
               us
               come
               now
               to
               such
               Causes
               Criminal
               ,
               as
               are
               not
               Capital
               .
            
          
        
         
           
             Of
             Praemunire
             .
          
           
             
               La.
               
            
             
               THe
               greatest
               Offence
               not
               Capital
               is
               that
               which
               is
               done
               against
               the
               Statute
               of
               Provisoes
               .
            
          
           
             
               Ph.
               
            
             
               You
               have
               need
               to
               expound
               this
               .
            
          
           
             
               La.
               
            
             
               This
               Crime
               is
               not
               unlike
               to
               that
               for
               which
               a
               Man
               is
               outlawed
               ,
               when
               he
               will
               not
               come
               in
               and
               submit
               himself
               to
               the
               Law
               ;
               saving
               that
               in
               Outlawries
               there
               is
               a
               long
               Process
               to
               precede
               it
               ;
               and
               he
               that
               is
               outlawed
               ,
               is
               put
               out
               of
               the
               Protection
               of
               the
               Law.
               But
               for
               the
               Offence
               against
               the
               Statute
               of
               Provisors
               (
               which
               is
               called
               
                 Praemunire
                 facias
              
               from
               the
               words
               in
               the
               Original
               VVrit
               )
               if
               the
               Offender
               submit
               not
               himself
               to
               the
               Law
               within
               the
               space
               of
               2
               Months
               after
               notice
               ,
               he
               is
               presently
               an
               Outlaw
               :
               And
               this
               Punishment
               (
               if
               not
               Capital
               )
               is
               equivalent
               to
               Capital
               :
               For
               he
               lives
               secretly
               at
               the
               Mercy
               of
               those
               that
               know
               where
               he
               is
               ,
               and
               cannot
               without
               the
               like
               Peril
               to
               themselves
               ,
               but
               discover
               him
               .
               And
               it
               has
               been
               much
               disputed
               before
               the
               time
               of
               Queen
               Elizabeth
               ,
               whether
               he
               might
               not
               be
               lawfully
               
               killed
               by
               any
               Man
               that
               would
               ,
               as
               one
               might
               kill
               a
               VVolf
               :
               It
               is
               like
               the
               Punishment
               amongst
               the
               old
               Romans
               of
               being
               barred
               the
               use
               of
               Fire
               and
               VVater
               ,
               and
               like
               the
               great
               Excommunication
               in
               the
               Papacy
               ,
               when
               a
               Man
               might
               not
               eat
               ,
               or
               drink
               with
               the
               Offender
               without
               incurring
               the
               like
               Penalty
               .
            
          
           
             
               Ph.
               
            
             
               Certainly
               the
               Offence
               for
               which
               this
               Punishment
               was
               first
               Ordained
               ,
               was
               some
               abominable
               Crime
               ,
               or
               of
               extraordinary
               Mischief
               .
            
          
           
             
               La.
               
            
             
               So
               it
               was
               :
               For
               the
               Pope
               ,
               you
               know
               ,
               from
               long
               before
               the
               Conquest
               ,
               incroached
               every
               day
               upon
               the
               Power
               Temporal
               .
               VVhatsoever
               could
               be
               made
               to
               seem
               to
               be
               
                 in
                 ordine
                 ad
                 Spiritualia
              
               was
               in
               every
               Common-wealth
               claimed
               ,
               and
               haled
               to
               the
               Jurisdiction
               of
               the
               Pope
               :
               And
               for
               that
               end
               in
               every
               Country
               he
               had
               his
               Court
               Ecclesiastical
               ,
               and
               there
               was
               scarce
               any
               cause
               Temporal
               ,
               which
               he
               could
               not
               ,
               by
               one
               shift
               or
               other
               ,
               hook
               into
               his
               Jurisdiction
               ,
               in
               such
               sort
               as
               to
               have
               it
               tryed
               in
               his
               own
               Courts
               at
               Rome
               ,
               or
               in
               France
               ,
               or
               in
               England
               it self
               .
               By
               which
               means
               the
               Kings
               Laws
               were
               not
               regarded
               ,
               Judgments
               given
               in
               the
               Kings
               Courts
               were
               avoided
               ,
               and
               presentations
               to
               Bishopricks
               ,
               Abbies
               ,
               and
               other
               Benefices
               (
               founded
               ,
               and
               endowed
               by
               the
               Kings
               ,
               and
               Nobility
               of
               England
               )
               were
               bestowed
               by
               the
               Pope
               upon
               
               Strangers
               ,
               or
               such
               (
               as
               with
               Money
               in
               their
               Purses
               )
               could
               travel
               to
               Rome
               ,
               to
               provide
               themselves
               of
               such
               Benefices
               .
               And
               suitably
               hereunto
               ,
               when
               there
               was
               a
               Question
               about
               a
               Tythe
               ,
               or
               a
               VVill
               ,
               though
               the
               point
               were
               meerly
               Temporal
               ,
               yet
               the
               Popes
               Court
               here
               would
               fetch
               them
               in
               ,
               or
               else
               one
               of
               the
               Parties
               would
               appeal
               to
               Rome
               .
               Against
               these
               Injuries
               of
               the
               Roman
               Church
               ,
               and
               to
               maintain
               the
               Right
               and
               Dignity
               of
               the
               Crown
               of
               
                 England
                 ,
                 Ed.
              
               1.
               made
               a
               Statute
               concerning
               Provisors
               (
               that
               is
               ,
               such
               as
               provide
               themselves
               with
               Benefices
               here
               from
               Rome
               )
               for
               in
               the
               25th
               year
               of
               his
               Reign
               he
               ordained
               in
               a
               full
               Parliament
               that
               the
               Right
               of
               Election
               of
               Bishops
               ,
               and
               Right
               of
               Advowsans
               ,
               and
               Presentations
               belonged
               to
               himself
               ,
               and
               to
               the
               Nobility
               that
               were
               the
               founders
               of
               such
               Bishopricks
               ,
               Abbies
               ,
               and
               other
               Benefices
               .
               And
               he
               enacted
               farther
               ,
               that
               if
               any
               Clerk
               ,
               which
               he
               ,
               or
               any
               of
               his
               Subjects
               should
               present
               ,
               should
               be
               disturbed
               by
               any
               such
               Provisor
               that
               such
               Provisor
               ,
               or
               Disturber
               should
               be
               attached
               by
               his
               Body
               ,
               and
               if
               Convicted
               ,
               lye
               in
               Prison
               till
               he
               were
               Ransomed
               at
               the
               Kings
               Will
               ,
               and
               had
               satisfied
               the
               Party
               griev'd
               ,
               renouced
               his
               Title
               ,
               and
               sound
               sureties
               not
               to
               sue
               for
               it
               any
               farther
               ;
               and
               that
               if
               they
               could
               not
               be
               found
               ,
               then
               Exigents
               should
               go
               forth
               to
               Outlawrie
               ,
               and
               the
               Profits
               of
               the
               Benefice
               in
               the
               mean
               time
               be
               taken
               into
               the
               
               Kings
               hands
               .
               And
               the
               same
               Statute
               is
               confirmed
               in
               the
               27th
               year
               of
               King
               Ed.
               the
               3d
               ,
               which
               Statute
               alloweth
               to
               these
               Provisors
               six
               weeks
               Day
               to
               appear
               ,
               but
               if
               they
               appear
               before
               they
               be
               outlaw'd
               ,
               they
               shall
               be
               received
               to
               make
               Answer
               ,
               but
               if
               they
               render
               not
               themselves
               ,
               they
               shall
               forfeit
               all
               their
               Lands
               ,
               Goods
               ,
               and
               Chattels
               ,
               besides
               that
               they
               stand
               outlaw'd
               .
               The
               same
               Law
               is
               confirmed
               again
               by
               16
               
                 Rich.
                 2d
                 .
                 cap.
              
               5.
               in
               which
               is
               added
               (
               because
               these
               Provisors
               obtained
               sometimes
               from
               the
               Pope
               ,
               that
               such
               English
               Bishops
               as
               according
               to
               the
               Law
               were
               instituted
               ,
               and
               inducted
               by
               the
               Kings
               Presentees
               should
               be
               excommunicated
               )
               that
               for
               this
               also
               both
               they
               ,
               and
               the
               Receivers
               and
               Publishers
               of
               such
               Papal
               Process
               ,
               and
               the
               Procurers
               should
               have
               the
               same
               Punishment
               .
            
          
           
             
               Ph.
               
            
             
               Let
               me
               see
               the
               Statute
               it self
               of
               27
               Ed.
               3.
               
            
          
           
             
               La.
               
            
             
               It
               lies
               there
               before
               you
               set
               down
               verbatim
               by
               Sir
               
                 Edw.
                 Coke
              
               himself
               ,
               both
               in
               English
               ,
               and
               French.
               
            
          
           
             
               Ph.
               
            
             
               'T
               is
               well
               ,
               we
               are
               now
               to
               consider
               what
               it
               means
               ,
               and
               whether
               it
               be
               well
               ,
               or
               ill
               interpreted
               by
               Sir
               
                 Edw.
                 Coke
              
               .
               And
               first
               it
               appeareth
               by
               the
               Preamble
               (
               which
               Sir
               
                 Edw.
                 Coke
              
               acknowledgeth
               to
               be
               the
               best
               Interpreter
               of
               the
               Statute
               )
               that
               this
               Statute
               was
               made
               against
               the
               Incroachments
               only
               
               of
               the
               Church
               of
               Rome
               ,
               upon
               the
               Right
               of
               the
               King
               ,
               and
               other
               Patrons
               to
               collate
               Bishopricks
               and
               other
               Benefices
               within
               the
               Realm
               of
               England
               ,
               and
               against
               the
               power
               of
               the
               Courts
               Spiritual
               ,
               to
               hold
               Plea
               of
               Controversies
               determinable
               in
               any
               of
               the
               Courts
               of
               the
               King
               ,
               or
               to
               reverse
               any
               Judgment
               there
               given
               ,
               as
               being
               things
               that
               tend
               to
               the
               Disherison
               of
               the
               King
               ,
               and
               Destruction
               of
               the
               Common-Law
               of
               the
               Realm
               always
               used
               .
               Put
               the
               case
               now
               that
               a
               Man
               had
               procur'd
               the
               Pope
               to
               reverse
               a
               Decree
               in
               Chancery
               ,
               had
               he
               been
               within
               the
               danger
               of
               Premunire
               ?
            
          
           
             
               La.
               
            
             
               Yes
               certainly
               ;
               or
               if
               the
               Judgment
               had
               been
               given
               in
               the
               Court
               of
               the
               Lord
               Admiral
               ,
               or
               in
               any
               other
               Kings
               Court
               whatsoever
               ,
               either
               of
               Law
               ,
               or
               Equity
               ;
               for
               Courts
               of
               Equity
               are
               most
               properly
               Courts
               of
               the
               Common-Law
               of
               England
               ,
               because
               Equity
               ,
               and
               Common-Law
               (
               as
               Sir
               
                 Ed.
                 Coke
              
               says
               )
               are
               all
               one
               .
            
          
           
             
               Ph.
               
            
             
               Then
               the
               word
               Common-Law
               is
               not
               in
               this
               Preamble
               restrained
               to
               such
               Courts
               only
               where
               the
               Tryal
               is
               by
               Juries
               ,
               but
               comprehends
               all
               the
               Kings
               Temporal
               Courts
               ,
               if
               not
               also
               the
               Courts
               of
               those
               Subjects
               that
               are
               Lords
               of
               great
               Mannors
               .
            
          
           
             
               La.
               
            
             
               'T
               is
               very
               likely
               ,
               yet
               I
               think
               it
               will
               not
               by
               every
               Man
               be
               granted
               .
            
          
           
             
             
               Ph.
               
            
             
               The
               Statute
               also
               says
               ;
               That
               they
               who
               draw
               Men
               out
               of
               the
               Realm
               in
               Plea
               ,
               whereof
               the
               Cognizance
               pertaineth
               to
               the
               Kings
               Court
               ,
               or
               of
               things
               whereof
               Judgment
               is
               given
               in
               the
               Kings
               Court
               ,
               are
               within
               the
               Cases
               of
               Premunire
               .
               But
               what
               if
               one
               Man
               draw
               another
               to
               Lambeth
               in
               Plea
               ,
               whereof
               Judgment
               is
               already
               given
               at
               Westminster
               .
               Is
               he
               by
               this
               Clause
               involv'd
               in
               a
               Premunire
               ?
            
          
           
             
               La.
               
            
             
               Yes
               :
               For
               though
               it
               be
               not
               out
               of
               the
               Realm
               ,
               yet
               it
               is
               within
               the
               meaning
               of
               the
               Statute
               ,
               because
               the
               Popes
               Court
               ,
               not
               the
               Kings
               Court
               ,
               was
               then
               perhaps
               at
               Lambeth
               .
            
          
           
             
               Ph.
               
            
             
               But
               in
               Sir
               Edw.
               Coke's
               time
               the
               Kings
               Court
               was
               at
               Lambeth
               ,
               and
               not
               the
               Popes
               .
            
          
           
             
               La.
               
            
             
               You
               know
               well
               enough
               ,
               that
               the
               Spiritual-Court
               has
               no
               power
               to
               hold
               Pleas
               of
               Common-Law
               .
            
          
           
             
               Ph.
               
            
             
               I
               do
               so
               ;
               but
               I
               know
               not
               for
               what
               cause
               any
               simple
               Man
               that
               mistakes
               his
               right
               Court
               ,
               should
               be
               out
               of
               the
               Kings
               Protection
               ,
               lose
               his
               Inheritance
               ,
               and
               all
               his
               Goods
               Personal
               ,
               and
               Real
               ;
               and
               if
               taken
               ,
               be
               kept
               in
               Prison
               all
               his
               Life
               .
               This
               Statute
               cannot
               be
               by
               Sir
               
                 Edw.
                 Cokes
              
               Torture
               made
               to
               say
               it
               .
               Besides
               ,
               such
               Men
               are
               ignorant
               in
               what
               Courts
               they
               are
               to
               seek
               their
               Remedy
               :
               And
               it
               is
               a
               Custom
               confirmed
               by
               perpetual
               usage
               ,
               that
               such
               ignorant
               Men
               should
               
               be
               guided
               by
               their
               Council
               at
               Law.
               It
               is
               manifest
               therefore
               ,
               that
               the
               makers
               of
               the
               Statute
               intended
               not
               to
               prohibit
               Men
               from
               their
               suing
               for
               their
               Right
               ,
               neither
               in
               the
               Chancery
               ,
               nor
               in
               the
               Admiralty
               ,
               nor
               in
               any
               other
               Court
               ,
               except
               the
               Ecclesiastical
               Courts
               ,
               which
               had
               their
               Jurisdiction
               from
               the
               Church
               of
               Rome
               .
               Again
               ,
               where
               the
               Statute
               says
               ,
               
                 which
                 do
                 sue
                 in
                 any
                 other
                 Court
                 ,
                 or
                 defeat
                 a
                 Judgment
                 in
                 the
                 Kings
                 Court
              
               ,
               what
               is
               the
               meaning
               of
               another
               Court
               ?
               Another
               Court
               than
               what
               ?
               Is
               it
               here
               meant
               the
               Kings-Bench
               ,
               or
               Court
               of
               Common-Pleas
               ?
               Does
               a
               Premunire
               lye
               for
               every
               Man
               that
               sues
               in
               Chancery
               ,
               for
               that
               which
               might
               be
               remedied
               in
               the
               Court
               of
               Common-Pleas
               ?
               Or
               can
               a
               Premunire
               lye
               by
               this
               Statute
               against
               the
               Lord
               Chancellor
               ?
               The
               Statute
               lays
               it
               only
               on
               the
               Party
               that
               sueth
               ,
               not
               upon
               the
               Judge
               which
               holdeth
               the
               Plea.
               Nor
               could
               it
               be
               laid
               neither
               by
               this
               Statute
               ,
               nor
               by
               the
               Statute
               of
               16
               
                 Rich.
                 2.
              
               upon
               the
               Judges
               ,
               which
               were
               then
               punishable
               only
               by
               the
               Popes
               Authority
               .
               Seeing
               then
               the
               Party
               Suing
               has
               a
               just
               excuse
               upon
               the
               Council
               of
               his
               Lawyer
               ;
               and
               the
               Temporal
               Judge
               ,
               and
               the
               Lawyer
               both
               are
               out
               of
               the
               Statute
               ,
               the
               punishment
               of
               the
               Premunire
               can
               light
               upon
               no
               body
               .
            
          
           
             
               La.
               
            
             
               But
               Sir
               
                 Edw.
                 Coke
              
               in
               this
               same
               Chapter
               bringeth
               two
               Precedents
               to
               prove
               ,
               that
               
               though
               the
               Spiritual-Courts
               in
               England
               be
               now
               the
               Kings
               Courts
               ,
               yet
               whosoever
               sueth
               in
               them
               for
               any
               thing
               tryable
               by
               the
               Common-Law
               ,
               shall
               fall
               into
               a
               Premunire
               .
               One
               is
               ,
               that
               whereas
               in
               the
               22d
               of
               Hen.
               8.
               all
               the
               Clergy
               of
               England
               in
               a
               Convocation
               by
               publick
               Instrument
               acknowledged
               the
               King
               to
               be
               Supream
               Head
               of
               the
               Church
               of
               England
               ;
               yet
               after
               this
               ,
               viz.
               24
               of
               H.
               8.
               this
               Statute
               was
               in
               force
               .
            
          
           
             
               Ph.
               
            
             
               Why
               not
               ?
               A
               Convocation
               of
               the
               Clergy
               could
               not
               alter
               the
               Right
               of
               Supremacie
               ;
               their
               Courts
               were
               still
               the
               Popes
               Courts
               .
               The
               other
               Precedent
               in
               the
               25th
               of
               Hen.
               8.
               of
               the
               Bishop
               of
               Norwich
               may
               have
               the
               same
               Answer
               ,
               for
               the
               King
               was
               not
               declared
               Head
               of
               the
               Church
               by
               Act
               of
               Parliament
               ,
               till
               the
               26th
               year
               of
               his
               Reign
               .
               If
               he
               had
               not
               mistrusted
               his
               own
               Law
               ,
               he
               would
               not
               have
               laid
               hold
               on
               so
               weak
               a
               Proof
               as
               these
               Precedents
               .
               And
               as
               to
               the
               Sentence
               of
               Premunire
               upon
               the
               Bishop
               of
               Norwich
               ,
               neither
               doth
               this
               Statute
               ,
               nor
               that
               other
               of
               R.
               2.
               warrant
               it
               ;
               he
               was
               sentenced
               for
               threatning
               to
               excommunicate
               a
               Man
               which
               had
               sued
               another
               before
               the
               Mayor
               :
               But
               this
               Statute
               forbids
               not
               that
               ,
               but
               forbids
               the
               bringing
               in
               ,
               or
               publishing
               of
               Excommunications
               ,
               or
               other
               Process
               from
               Rome
               ,
               or
               any
               other
               Place
               .
               Before
               the
               26
               Hen.
               8.
               there
               is
               no
               Question
               ,
               but
               that
               for
               a
               Suit
               in
               the
               
               Spiritual
               Court
               here
               in
               a
               Temporal
               Cause
               ,
               there
               lay
               a
               Premunire
               ;
               and
               if
               perhaps
               some
               Judge
               .
               or
               other
               hath
               since
               that
               time
               judged
               otherwise
               ,
               his
               Judgment
               was
               erroneous
               .
            
          
           
             
               La.
               
            
             
               Nay
               but
               by
               the
               Statute
               of
               16.
               
               
                 Rich.
                 2.
                 cap.
              
               5.
               it
               appeareth
               to
               the
               contrary
               ,
               as
               Sir
               
                 Edw.
                 Coke
              
               here
               will
               shew
               you
               .
               The
               effect
               (
               saith
               he
               )
               of
               the
               Statute
               of
               Rich.
               2.
               is
               ;
               That
               if
               any
               Pursue
               ,
               or
               cause
               to
               be
               Pursued
               in
               the
               Court
               of
               Rome
               ,
               or
               elsewhere
               any
               thing
               which
               toucheth
               the
               King
               ,
               against
               him
               ,
               his
               Crown
               ,
               or
               Regality
               ,
               or
               his
               Realm
               ,
               they
               ,
               their
               Notaries
               ,
               &c.
               shall
               be
               out
               of
               the
               Kings
               Protection
               .
            
          
           
             
               Ph.
               
            
             
               I
               pray
               you
               let
               me
               know
               the
               very
               words
               of
               the
               Statutes
               as
               they
               ly
               .
            
          
           
             
               La.
               
            
             
               
                 Presently
                 .
                 The
                 words
                 are
              
               ,
               if
               any
               Man
               Purchase
               ,
               or
               Pursue
               ,
               or
               cause
               to
               be
               Purchased
               ,
               or
               Pursued
               in
               the
               Court
               of
               Rome
               ,
               or
               elsewhere
               ,
               any
               such
               Translations
               ,
               Processes
               and
               Sentences
               of
               Excommunication
               ,
               Bulls
               ,
               Instruments
               ,
               or
               any
               other
               things
               whatsoever
               ,
               which
               touch
               the
               King
               ,
               against
               him
               ,
               his
               Crown
               ,
               and
               his
               Regality
               ,
               or
               his
               Realm
               ,
               as
               is
               aforesaid
               ,
               &c.
               
            
          
           
             
               Ph.
               
            
             
               If
               a
               Man
               bring
               a
               Plea
               of
               Common-Law
               into
               the
               Spiritual
               Court
               ,
               which
               is
               now
               the
               Kings
               Court
               ,
               and
               the
               Judge
               of
               this
               Spiritual
               Court
               hold
               Plea
               thereof
               :
               By
               what
               Construction
               can
               you
               draw
               it
               within
               the
               
               compass
               of
               the
               words
               you
               have
               now
               read
               .
               To
               sue
               for
               my
               Right
               in
               the
               Kings
               Court
               ,
               is
               no
               pursuing
               of
               Translations
               of
               Bishopricks
               made
               ,
               or
               procur'd
               in
               the
               Court
               of
               Rome
               ,
               or
               any
               place
               else
               ,
               but
               only
               in
               the
               Court
               of
               the
               King
               ,
               nor
               is
               this
               the
               suit
               against
               the
               King
               ,
               nor
               his
               Crown
               ,
               nor
               his
               Regality
               ,
               nor
               his
               Realm
               ,
               but
               the
               contrary
               .
               Why
               then
               is
               it
               a
               Premunire
               ?
               No.
               He
               that
               brings
               in
               ,
               or
               setteth
               out
               a
               Writing
               in
               any
               place
               whatsoever
               ,
               wherein
               is
               contained
               ,
               that
               the
               King
               hath
               so
               given
               away
               his
               Jurisdiction
               ,
               as
               that
               if
               a
               Subject
               be
               condemned
               falsly
               ,
               his
               Submission
               to
               the
               Kings
               Judgment
               is
               of
               none
               effect
               ;
               or
               that
               the
               King
               upon
               no
               necessity
               whatsoever
               can
               ,
               out
               of
               Parliament
               time
               raise
               Money
               for
               the
               defence
               of
               the
               Kingdom
               ,
               is
               ,
               in
               my
               opinion
               ,
               much
               more
               within
               the
               Statute
               of
               Provisors
               ,
               than
               they
               which
               begin
               suit
               for
               a
               Temporal
               Matter
               in
               a
               Court
               Spiritual
               .
               But
               what
               Argument
               has
               he
               for
               this
               Law
               of
               his
               (
               since
               the
               Statute
               Law
               fails
               him
               )
               from
               the
               Law
               of
               Reason
               .
            
          
           
             
               La.
               
            
             
               He
               says
               they
               are
               called
               Courts
               ,
               either
               because
               they
               proceed
               by
               the
               Rules
               of
               other
               Laws
               ,
               as
               by
               the
               Canon
               ,
               or
               Civil
               Law
               ,
               or
               by
               other
               Tryals
               than
               the
               Common
               Law
               doth
               Warrant
               :
               For
               the
               Tryals
               Warranted
               by
               the
               Law
               of
               England
               for
               matter
               of
               Fact
               ,
               is
               by
               verdict
               of
               12
               Men
               before
               the
               Judges
               of
               the
               Common
               Law
               ,
               in
               matters
               pertaining
               
               to
               the
               Common
               Law
               ,
               and
               not
               upon
               Examination
               of
               Witnesses
               ,
               as
               in
               the
               Court
               of
               Equity
               ;
               so
               that
               
                 Alia
                 Curia
              
               is
               either
               that
               which
               is
               govern'd
               
                 per
                 aliam
                 Legem
              
               ,
               or
               which
               draweth
               the
               Party
               
                 ad
                 aliud
                 Examen
              
               .
               For
               if
               —
            
          
           
             
               Ph.
               
            
             
               Stop
               there
               .
               Let
               us
               consider
               of
               this
               you
               have
               read
               ,
               for
               the
               Tryal
               warranted
               by
               the
               Law
               of
               England
               ,
               is
               by
               Verdict
               of
               12
               Men.
               What
               means
               he
               here
               by
               the
               Law
               of
               England
               ?
               Does
               it
               not
               warrant
               the
               Tryals
               in
               Chancery
               ,
               and
               in
               the
               Court
               of
               Admiralty
               by
               Witnesses
               ?
            
          
           
             
               La.
               
            
             
               By
               the
               Law
               of
               England
               he
               means
               the
               Law
               used
               in
               the
               Kings
               Bench
               ;
               that
               is
               to
               say
               ,
               the
               Common-Law
               .
            
          
           
             
               Ph.
               
            
             
               This
               is
               just
               as
               if
               he
               had
               said
               ,
               that
               these
               two
               Courts
               did
               warrant
               their
               own
               way
               of
               Tryal
               ;
               but
               other
               Courts
               not
               so
               ,
               but
               were
               warranted
               by
               the
               King
               only
               ,
               the
               Courts
               of
               Common
               Law
               were
               VVarrants
               to
               themselves
               :
               You
               see
               that
               
                 alia
                 Curia
              
               is
               this
               way
               ill
               expounded
               .
               In
               the
               Courts
               of
               Common
               Law
               all
               Tryals
               are
               by
               12
               Men
               ,
               who
               are
               Judges
               of
               the
               Fact
               ;
               and
               the
               Fact
               known
               and
               prov'd
               ,
               the
               Judges
               are
               to
               pronounce
               the
               Law
               ;
               but
               in
               the
               Spiritual
               Court
               ,
               the
               Admiralty
               ,
               and
               in
               all
               the
               Courts
               of
               Equity
               there
               is
               but
               one
               Judge
               ,
               both
               of
               Fact
               ,
               and
               of
               Law
               ;
               this
               is
               all
               the
               difference
               .
               If
               this
               difference
               be
               intended
               by
               the
               Statute
               by
               
                 alia
                 
                 Curia
              
               ,
               there
               would
               be
               a
               Premunire
               for
               suing
               in
               a
               Court
               ,
               being
               not
               the
               Kings
               Court
               :
               The
               Kings
               Bench
               ,
               and
               Court
               of
               Common
               Pleas
               may
               also
               be
               different
               kinds
               of
               Courts
               ,
               because
               the
               Process
               is
               different
               ;
               but
               't
               is
               plain
               that
               this
               Statute
               doth
               not
               distinguish
               Courts
               otherwise
               than
               into
               the
               Courts
               of
               the
               King
               ,
               and
               into
               the
               Courts
               of
               the
               Forraign
               States
               ,
               and
               Princes
               .
               And
               seeing
               you
               stand
               upon
               the
               name
               of
               a
               Jury
               for
               the
               distinguishing
               of
               Courts
               ,
               what
               difference
               do
               you
               find
               between
               the
               Tryals
               at
               the
               Common-Law
               ,
               and
               the
               Tryals
               in
               other
               Courts
               ?
               You
               know
               that
               in
               Tryals
               of
               Fact
               naturally
               ,
               and
               through
               all
               the
               World
               the
               Witnesses
               are
               Judges
               ,
               and
               it
               is
               impossible
               to
               be
               otherwise
               .
               What
               then
               in
               England
               can
               a
               Jury
               judge
               of
               ,
               except
               it
               be
               of
               the
               sufficiency
               of
               the
               Testimony
               .
               The
               Justices
               have
               nothing
               to
               judge
               of
               ,
               nor
               do
               ,
               but
               after
               the
               Fact
               is
               proved
               ,
               to
               declare
               the
               Law
               ,
               which
               is
               not
               Judgment
               ,
               but
               Jurisdiction
               .
               Again
               ,
               though
               the
               Tryal
               be
               in
               Chancery
               ,
               or
               in
               the
               Court
               of
               Civil
               Law
               ,
               1.
               
               The
               Witnesses
               are
               still
               Judges
               of
               the
               Fact
               ,
               and
               he
               that
               hath
               the
               Commission
               to
               hear
               the
               Cause
               hath
               both
               the
               parts
               ;
               that
               is
               to
               say
               ,
               of
               a
               Jury
               to
               judge
               of
               the
               Testimony
               ,
               and
               of
               a
               Justice
               to
               declare
               the
               Law.
               In
               this
               ,
               I
               say
               ,
               lyes
               all
               the
               difference
               ,
               which
               is
               indeed
               enough
               to
               make
               a
               Dispute
               (
               as
               the
               World
               goes
               )
               about
               Jurisdiction
               :
               
               But
               seeing
               it
               tends
               neither
               to
               the
               Disherison
               of
               the
               King
               ,
               nor
               of
               the
               People
               ,
               nor
               to
               the
               subversion
               of
               the
               Law
               of
               Reason
               ,
               
                 i.
                 e.
              
               of
               Common-Law
               ,
               nor
               to
               the
               subversion
               of
               Justice
               ,
               nor
               to
               any
               harm
               of
               the
               Realm
               ,
               without
               some
               of
               which
               these
               Statutes
               are
               not
               broken
               ,
               it
               cannot
               be
               a
               Premunire
               .
            
          
           
             
               La.
               
            
             
               Let
               me
               read
               on
               .
               For
               if
               the
               Freehold
               Inheritances
               ,
               Goods
               and
               Chattels
               ,
               Debts
               and
               Duties
               ,
               wherein
               the
               King
               and
               Subject
               have
               Right
               and
               Property
               by
               the
               Common-Law
               ,
               should
               be
               judged
               
                 per
                 aliam
                 Legem
              
               ,
               or
               be
               drawn
               
                 ad
                 aliud
                 Examen
              
               ,
               the
               3
               Mischiefs
               afore
               exprest
               ,
               would
               follow
               ;
               viz.
               the
               destruction
               of
               the
               King
               ,
               and
               his
               Crown
               ,
               the
               Disherison
               of
               his
               People
               ,
               and
               the
               undoing
               and
               destruction
               of
               the
               Common-Law
               always
               used
               .
            
          
           
             
               Ph.
               
            
             
               That
               is
               to
               say
               ,
               of
               the
               Law
               of
               Reason
               .
               From
               hence
               it
               follows
               ,
               that
               where
               there
               are
               no
               Juries
               ,
               and
               where
               there
               are
               different
               Laws
               from
               ours
               ;
               that
               is
               to
               say
               ,
               in
               all
               the
               World
               besides
               ,
               neither
               King
               ,
               nor
               People
               have
               any
               Inheritance
               ,
               nor
               Goods
               ,
               nor
               any
               Law
               of
               Reason
               .
               I
               will
               examine
               his
               Doctrine
               concerning
               Cases
               Criminal
               no
               farther
               .
               He
               no
               where
               defineth
               a
               Crime
               ,
               that
               we
               may
               know
               what
               it
               is
               :
               An
               odious
               name
               sufficeth
               him
               to
               make
               a
               Crime
               of
               any
               thing
               .
               He
               hath
               put
               Heresie
               among
               the
               most
               odious
               Crimes
               ,
               not
               knowing
               what
               it
               signifies
               ;
               and
               
               upon
               no
               other
               Cause
               ,
               but
               because
               the
               Church
               of
               Rome
               (
               to
               make
               their
               usurped
               Power
               the
               more
               terrible
               )
               had
               made
               it
               by
               long
               Preaching
               against
               it
               ,
               and
               Cruelty
               shown
               towards
               many
               Godly
               ,
               and
               learned
               Men
               of
               this
               ,
               and
               other
               Reformed
               Churches
               ,
               appear
               to
               common
               People
               a
               thing
               detestable
               .
               He
               puts
               it
               in
               as
               a
               Plea
               of
               the
               Crown
               in
               the
               time
               of
               Queen
               Elizabeth
               ,
               whereas
               in
               her
               time
               there
               was
               no
               Doctrine
               Heresie
               ;
               but
               Justice
               Stamford
               leaves
               it
               out
               ,
               because
               when
               Heresie
               was
               a
               Crime
               ,
               it
               was
               a
               Plea
               of
               the
               Mitre
               .
               I
               see
               also
               in
               this
               Catalogue
               of
               Causes
               Criminal
               ,
               he
               inserteth
               costly
               Feeding
               ,
               costly
               Apparel
               ,
               and
               costly
               Building
               ,
               though
               they
               were
               contrary
               to
               no
               Statute
               .
               'T
               is
               true
               ,
               that
               by
               evil
               Circumstances
               they
               become
               sins
               ;
               but
               these
               sins
               belong
               to
               the
               Judgment
               of
               the
               Pastors
               Spiritual
               .
               A
               Justice
               of
               the
               Temporal
               Law
               (
               seeing
               the
               Intention
               only
               makes
               them
               sins
               )
               cannot
               judge
               whether
               they
               be
               sins
               or
               no
               ,
               unless
               he
               have
               power
               to
               take
               Confessions
               .
               Also
               he
               makes
               flattery
               of
               the
               King
               to
               be
               a
               Crime
               .
               How
               could
               he
               know
               when
               one
               Man
               had
               flattered
               another
               ?
               He
               meant
               therefore
               that
               it
               was
               a
               Crime
               to
               please
               the
               King
               :
               And
               accordingly
               he
               citeth
               divers
               Calamities
               of
               such
               as
               had
               been
               in
               times
               past
               in
               great
               favour
               of
               the
               Kings
               they
               serv'd
               ;
               as
               the
               Favourites
               of
               
                 Hen.
                 3.
                 
                 Ed.
                 2.
                 
                 Rich.
                 2.
                 
                 Hen.
              
               6.
               which
               Favourites
               were
               some
               
               imprisoned
               ,
               some
               banished
               ,
               and
               some
               put
               to
               death
               by
               the
               same
               Rebels
               that
               imprisoned
               ,
               banished
               ,
               and
               put
               to
               death
               the
               same
               King
               ,
               upon
               no
               better
               ground
               than
               the
               Earl
               of
               Strafford
               ,
               the
               Arch-Bishop
               of
               Canterbury
               ,
               and
               King
               Charles
               the
               first
               by
               the
               Rebels
               of
               that
               time
               .
               Empson
               ,
               and
               Dudley
               were
               no
               Favourites
               of
               Hen.
               the
               7th
               ,
               but
               Spunges
               ,
               which
               King
               Hen.
               the
               8th
               did
               well
               Squeeze
               .
               Cardinal
               Woolsey
               was
               indeed
               for
               divers
               years
               a
               favourite
               of
               Hen.
               the
               8th
               ,
               but
               fell
               into
               disgrace
               ,
               not
               for
               flattering
               the
               King
               ,
               but
               for
               not
               flattering
               him
               in
               the
               business
               of
               Divorce
               from
               Queen
               Katharine
               .
               You
               see
               his
               Reasoning
               here
               ,
               see
               also
               his
               Passion
               in
               the
               words
               following
               .
               We
               will
               for
               some
               Causes
               descend
               no
               lower
               ,
               
                 Qui
                 eorum
                 vestigiis
                 insistunt
                 ,
                 eorum
                 exitus
                 perhorrescant
                 ,
              
               this
               is
               put
               in
               for
               the
               Favourite
               (
               that
               then
               was
               )
               of
               King
               James
               .
               But
               let
               us
               give
               over
               this
               ,
               and
               speak
               of
               the
               legal
               Punishments
               to
               these
               Crimes
               belonging
               .
            
          
        
         
           
             Of
             Punishments
             .
          
           
             ANd
             in
             the
             first
             place
             I
             desire
             to
             know
             who
             it
             is
             that
             hath
             the
             power
             ,
             for
             an
             Offence
             committed
             to
             define
             ,
             and
             appoint
             the
             special
             manner
             of
             Punishment
             ;
             for
             suppose
             you
             are
             not
             of
             the
             Opinion
             of
             the
             Stoicks
             in
             old
             time
             ,
             that
             all
             faults
             are
             equal
             ,
             and
             
             that
             there
             ought
             to
             be
             the
             same
             Punishment
             for
             killing
             a
             Man
             ,
             and
             for
             killing
             a
             Hen.
             
          
           
             
               La.
               
            
             
               The
               manner
               of
               Punishment
               in
               all
               Crimes
               whatsoever
               is
               to
               be
               determined
               by
               the
               Common-Law
               .
               That
               is
               to
               say
               ,
               if
               it
               be
               a
               Statute
               that
               determins
               it
               ,
               then
               the
               Judgment
               must
               be
               according
               to
               the
               Statute
               ;
               if
               it
               be
               not
               specified
               by
               the
               Statute
               ,
               then
               the
               Custome
               in
               such
               Cases
               is
               to
               be
               followed
               :
               But
               if
               the
               Case
               be
               new
               ,
               I
               know
               not
               why
               the
               Judge
               may
               not
               determine
               it
               according
               to
               Reason
               .
            
          
           
             
               Ph.
               
            
             
               But
               according
               to
               whose
               reason
               ?
               If
               you
               mean
               the
               natural
               Reason
               of
               this
               ,
               or
               that
               Judge
               authorized
               by
               the
               King
               to
               have
               cognisance
               of
               the
               Cause
               ,
               there
               being
               as
               many
               several
               Reasons
               ,
               as
               there
               are
               several
               Men
               ,
               the
               punishment
               of
               all
               Crimes
               will
               be
               uncertain
               ,
               and
               none
               of
               them
               ever
               grow
               up
               to
               make
               a
               Custome
               .
               Therefore
               a
               Punishment
               certain
               can
               never
               be
               assigned
               ,
               if
               it
               have
               its
               beginning
               from
               the
               natural
               Reasons
               of
               deputed
               Judges
               ,
               no
               ,
               nor
               from
               the
               natural
               of
               the
               Supream
               Judge
               :
               For
               if
               the
               Law
               of
               Reason
               did
               determine
               Punishments
               ,
               then
               for
               the
               same
               Offences
               there
               should
               be
               through
               all
               the
               World
               ,
               and
               in
               all
               times
               the
               same
               Punishments
               ;
               because
               the
               Law
               of
               Reason
               is
               Immutable
               and
               Eternal
               .
            
          
           
             
               La.
               
            
             
               If
               the
               natural
               Reason
               neither
               of
               the
               King
               ,
               nor
               of
               any
               else
               be
               able
               to
               prescribe
               a
               
               Punishment
               ,
               how
               can
               there
               be
               any
               lawful
               Punishment
               at
               all
               ?
            
          
           
             
               Ph.
               
            
             
               Why
               not
               ?
               For
               I
               think
               that
               in
               this
               very
               difference
               between
               the
               rational
               Faculties
               of
               particular
               Men
               ,
               lyeth
               the
               true
               and
               perfect
               reason
               that
               maketh
               every
               Punishment
               certain
               .
               For
               ,
               but
               give
               the
               authority
               of
               defining
               punishments
               to
               any
               Man
               whatsoever
               ,
               and
               let
               that
               Man
               define
               them
               ,
               and
               right
               Reason
               has
               defin'd
               them
               .
               Suppose
               the
               Definition
               be
               both
               made
               ,
               and
               made
               known
               before
               the
               Offence
               committed
               :
               For
               such
               authority
               is
               to
               trump
               in
               Card-playing
               ,
               save
               that
               in
               matter
               of
               Government
               ,
               when
               nothing
               else
               is
               turn'd
               up
               ,
               Clubs
               are
               Trump
               .
               Therefore
               seeing
               every
               Man
               knoweth
               by
               his
               own
               Reason
               what
               Actions
               are
               against
               the
               Law
               of
               Reason
               ,
               and
               knoweth
               what
               Punishments
               are
               by
               this
               authority
               for
               every
               evil
               action
               ordained
               ;
               it
               is
               manifest
               Reason
               ,
               that
               for
               breaking
               the
               known
               Laws
               ,
               he
               should
               suffer
               the
               known
               Punishments
               .
               Now
               the
               person
               to
               whom
               this
               authority
               of
               defining
               Punishments
               is
               given
               ,
               can
               be
               no
               other
               in
               any
               place
               of
               the
               World
               ,
               but
               the
               same
               Person
               that
               hath
               the
               Soveraign
               Power
               ,
               be
               it
               one
               Man
               ,
               or
               one
               assembly
               of
               Men
               :
               For
               it
               were
               in
               vain
               to
               give
               it
               to
               any
               Person
               that
               had
               not
               the
               power
               of
               the
               Militia
               to
               cause
               it
               to
               be
               executed
               ;
               for
               no
               less
               power
               can
               do
               it
               ,
               when
               many
               Offenders
               be
               united
               
               and
               combin'd
               to
               defend
               one
               another
               .
               There
               was
               a
               Case
               put
               to
               King
               David
               by
               Nathan
               ,
               of
               a
               rich
               Man
               that
               had
               many
               Sheep
               ,
               and
               of
               a
               poor
               Man
               that
               had
               but
               one
               ,
               which
               was
               a
               tame
               Lamb
               :
               The
               rich
               Man
               had
               a
               stranger
               in
               his
               House
               ,
               for
               whose
               entertainment
               (
               to
               spare
               his
               own
               Sheep
               )
               he
               took
               away
               the
               poor
               Mans
               Lamb.
               Upon
               this
               Case
               the
               King
               gave
               Judgment
               ,
               surely
               the
               Man
               that
               hath
               done
               this
               shall
               die
               .
               What
               think
               you
               of
               this
               ?
               Was
               it
               a
               Royal
               ,
               or
               Tyrannical
               Judgment
               ?
            
          
           
             
               La.
               
            
             
               I
               will
               not
               contradict
               the
               Canons
               of
               the
               Church
               of
               England
               ,
               which
               acknowledgeth
               the
               King
               of
               England
               ,
               within
               his
               own
               Dominions
               hath
               the
               same
               Rights
               ,
               which
               the
               good
               Kings
               of
               Israel
               had
               in
               theirs
               ,
               nor
               deny
               King
               David
               to
               have
               been
               one
               of
               those
               good
               Kings
               :
               But
               to
               punish
               with
               death
               without
               a
               precedent
               Law
               ,
               will
               seem
               but
               a
               harsh
               proceeding
               with
               us
               ,
               who
               unwillingly
               hear
               of
               Arbitrary
               Laws
               ,
               much
               less
               of
               Arbitrary
               Punishments
               ,
               unless
               we
               were
               sure
               that
               all
               our
               Kings
               would
               be
               as
               good
               as
               David
               .
               I
               will
               only
               ask
               you
               by
               what
               Authority
               the
               Clergy
               may
               take
               upon
               them
               to
               determine
               ,
               or
               make
               a
               Canon
               concerning
               the
               power
               of
               their
               own
               King
               ,
               or
               to
               distinguish
               between
               the
               Right
               of
               a
               good
               ,
               and
               an
               evil
               King.
               
            
          
           
             
               Ph.
               
            
             
               It
               is
               not
               the
               Clergy
               that
               maketh
               their
               Canons
               to
               be
               Law
               ,
               but
               it
               is
               the
               King
               that
               doth
               it
               by
               the
               Great
               Seal
               of
               England
               ;
               and
               
               it
               is
               the
               King
               that
               giveth
               them
               power
               to
               teach
               their
               Doctrines
               ,
               in
               that
               ,
               that
               he
               authoriseth
               them
               publickly
               to
               teach
               and
               preach
               the
               Doctrine
               of
               Christ
               and
               his
               Apostles
               ,
               according
               to
               the
               Scriptures
               ,
               wherein
               this
               Doctrine
               is
               perspicuously
               contained
               .
               But
               if
               they
               had
               derogated
               from
               the
               Royal
               Power
               in
               any
               of
               their
               Doctrines
               published
               ,
               then
               certainly
               they
               had
               been
               too
               blame
               ;
               nay
               ,
               I
               believe
               that
               had
               been
               more
               within
               the
               Statute
               of
               premunire
               of
               16
               
                 Rich.
                 2.
                 c.
              
               5.
               than
               any
               Judge
               of
               a
               Court
               of
               Equity
               for
               holding
               Pleas
               of
               Common
               Law.
               I
               cite
               not
               this
               Precedent
               of
               King
               David
               ,
               as
               approving
               the
               breach
               of
               the
               great
               Charter
               ,
               or
               justifying
               the
               Punishment
               with
               loss
               of
               Life
               ,
               or
               Member
               of
               every
               Man
               that
               shall
               offend
               the
               King
               ;
               but
               to
               shew
               you
               that
               before
               the
               Charter
               was
               granted
               ,
               in
               all
               Cases
               where
               the
               Punishments
               were
               not
               prescribed
               ,
               it
               was
               the
               King
               only
               that
               could
               prescribe
               them
               ;
               and
               that
               no
               deputed
               Judge
               could
               punish
               an
               Offender
               ,
               but
               by
               force
               of
               some
               Statute
               ,
               or
               by
               the
               words
               of
               some
               Commission
               ,
               and
               not
               
                 ex
                 officio
              
               .
               They
               might
               for
               a
               contempt
               of
               their
               Courts
               ,
               because
               it
               is
               a
               contempt
               of
               the
               King
               ,
               imprison
               a
               Man
               ,
               during
               the
               Kings
               pleasure
               ,
               or
               fine
               him
               to
               the
               King
               ,
               according
               to
               the
               greatness
               of
               the
               Offence
               :
               But
               all
               this
               amounteth
               to
               no
               more
               ,
               than
               to
               leave
               him
               to
               the
               Kings
               Judgment
               .
               As
               for
               cutting
               off
               of
               Ears
               ,
               
               and
               for
               the
               Pillory
               ,
               and
               the
               like
               corporal
               Punishments
               usually
               inflicted
               heretofore
               in
               the
               Star-Chamber
               ,
               they
               were
               warranted
               by
               the
               Statute
               of
               Hen.
               7.
               that
               giveth
               them
               power
               to
               punish
               sometimes
               by
               discretion
               .
               And
               generally
               it
               is
               a
               rule
               of
               Reason
               ,
               that
               every
               Judge
               of
               Crimes
               ,
               in
               case
               the
               positive
               Law
               appoint
               no
               Punishment
               ,
               and
               he
               have
               no
               other
               Command
               from
               the
               King
               ;
               then
               to
               consult
               the
               King
               before
               he
               pronounce
               Sentence
               of
               any
               irreparable
               dammage
               on
               the
               Offender
               :
               For
               otherwise
               he
               doth
               not
               pronounce
               the
               Law
               ,
               which
               is
               his
               Office
               to
               do
               ,
               but
               makes
               the
               Law
               ,
               which
               is
               the
               Office
               of
               the
               King.
               And
               from
               this
               you
               may
               collect
               ,
               that
               the
               Custome
               of
               punishing
               such
               and
               such
               a
               Crime
               ,
               in
               such
               and
               such
               a
               manner
               ,
               hath
               not
               the
               force
               of
               Law
               in
               it self
               ,
               but
               from
               an
               assured
               presumption
               ,
               that
               the
               Original
               of
               the
               Custome
               was
               the
               Judgment
               of
               some
               former
               King.
               And
               for
               this
               Cause
               the
               Judges
               ought
               not
               to
               run
               up
               for
               the
               Customs
               by
               which
               they
               are
               warranted
               to
               the
               time
               of
               the
               Saxon
               Kings
               ,
               nor
               to
               the
               time
               of
               the
               Conquest
               :
               For
               the
               most
               immediate
               ,
               antecedent
               precedents
               are
               the
               fairest
               warrants
               of
               their
               Judgments
               ,
               as
               the
               most
               recent
               Laws
               have
               commonly
               the
               greatest
               vigor
               ,
               as
               being
               fresh
               in
               the
               memory
               of
               all
               Men
               ,
               and
               tacitly
               confirmed
               (
               because
               not
               disapprov'd
               )
               by
               the
               Soveraign
               Legislator
               .
               What
               can
               be
               said
               against
               this
               ?
            
          
           
             
             
               La.
               
            
             
               Sir
               
                 Edw.
                 Coke
                 3
                 Inst.
              
               p.
               210.
               in
               the
               Chapter
               of
               Judgments
               and
               Executions
               saith
               ,
               that
               of
               Judgments
               some
               are
               by
               the
               Common-Law
               ,
               some
               by
               Statute-Law
               ,
               and
               some
               by
               Custome
               ;
               wherein
               he
               distinguisheth
               Common-Law
               ,
               both
               from
               Statute-Law
               and
               from
               Custome
               .
            
          
           
             
               Ph.
               
            
             
               But
               you
               know
               ,
               that
               in
               other
               places
               he
               makes
               the
               Common-Law
               ,
               and
               the
               Law
               of
               Reason
               to
               be
               all
               one
               ,
               as
               indeed
               they
               are
               ,
               when
               by
               it
               is
               meant
               the
               Kings
               Reason
               ;
               and
               then
               his
               meaning
               in
               this
               distinction
               must
               be
               ,
               that
               there
               be
               Judgments
               by
               Reason
               without
               Statute-Law
               ,
               and
               Judgments
               neither
               by
               Statute-Law
               ,
               nor
               by
               Reason
               ,
               but
               by
               Custome
               without
               Reason
               ;
               for
               if
               a
               Custome
               be
               Reasonable
               ,
               then
               ,
               both
               he
               ,
               and
               other
               Learned
               Lawyers
               say
               ,
               it
               is
               Common-Law
               ;
               and
               if
               unreasonable
               ,
               no
               Law
               at
               all
               .
            
          
           
             
               La.
               
            
             
               I
               believe
               Sir
               Edw.
               Coke's
               meaning
               was
               no
               other
               than
               yours
               in
               this
               point
               ,
               but
               that
               he
               inserted
               the
               word
               Custom
               ,
               because
               there
               be
               not
               many
               that
               can
               distinguish
               between
               Customs
               reasonable
               and
               unreasonable
               .
            
          
           
             
               Ph.
               
            
             
               But
               Custom
               ,
               so
               far
               forth
               as
               it
               hath
               the
               force
               of
               a
               Law
               ,
               hath
               more
               of
               the
               nature
               of
               a
               Statute
               ,
               than
               of
               the
               Law
               of
               Reason
               ,
               especially
               where
               the
               question
               is
               not
               of
               Lands
               ,
               and
               Goods
               ,
               but
               of
               Punishments
               ,
               which
               are
               to
               be
               defined
               only
               by
               authority
               .
               Now
               to
               come
               to
               particulars
               :
               What
               Punishment
               
               is
               due
               by
               Law
               for
               High
               Treason
               ?
            
          
           
             
               La.
               
            
             
               To
               be
               drawn
               upon
               a
               Hurdle
               from
               the
               Prison
               to
               the
               Gallows
               ,
               and
               there
               to
               be
               hanged
               by
               the
               Neck
               ,
               and
               laid
               upon
               the
               ground
               alive
               ,
               and
               have
               his
               Bowels
               taken
               out
               ,
               and
               burnt
               ,
               whilst
               he
               is
               yet
               living
               ;
               to
               have
               his
               Head
               cut
               off
               ,
               his
               Body
               to
               be
               divided
               into
               four
               parts
               ,
               and
               his
               Head
               ,
               and
               Quarters
               to
               be
               placed
               as
               the
               King
               shall
               assign
               .
            
          
           
             
               Ph.
               
            
             
               Seeing
               a
               Judge
               ought
               to
               give
               Judgment
               according
               to
               the
               Law
               ,
               and
               that
               this
               Judgment
               is
               not
               appointed
               by
               any
               Statute
               ,
               how
               does
               Sir
               
                 Edw.
                 Coke
              
               warrant
               it
               by
               Reason
               ,
               or
               how
               by
               Custom
               ?
            
          
           
             
               La.
               
            
             
               Only
               thus
               ,
               Reason
               it
               is
               ,
               that
               his
               Body
               ,
               Lands
               ,
               Goods
               ,
               Posterity
               ,
               &c.
               should
               be
               torn
               ,
               pulled
               asunder
               ,
               and
               destroy'd
               ,
               that
               intended
               to
               destroy
               the
               Majesty
               of
               Government
               .
            
          
           
             
               Ph.
               
            
             
               See
               how
               he
               avoids
               the
               saying
               the
               Majesty
               of
               the
               King.
               But
               does
               not
               this
               Reason
               make
               as
               much
               for
               punishing
               a
               Traytor
               as
               
                 Metius
                 Suffetius
              
               ,
               in
               old
               time
               ,
               was
               executed
               by
               
                 Tullus
                 Hostilius
              
               King
               of
               Rome
               ,
               or
               as
               Ravillac
               ,
               not
               many
               years
               ago
               in
               France
               ,
               who
               were
               torn
               in
               pieces
               by
               four
               Horses
               ,
               as
               it
               does
               for
               Drawing
               ,
               Hanging
               ,
               and
               Quartering
               ?
            
          
           
             
               La.
               
            
             
               I
               think
               it
               does
               .
               But
               he
               confirms
               it
               also
               in
               the
               same
               Chapter
               ,
               by
               holy
               Scripture
               .
               
               Thus
               Joab
               for
               Treason
               ,
               1
               Kings
               2.
               28.
               was
               drawn
               from
               the
               horns
               of
               the
               Altar
               ;
               that
               's
               proof
               for
               drawing
               upon
               a
               Hurdle
               .
               
                 Esth.
                 2.
                 22.
                 
                 Bithan
              
               for
               Treason
               was
               Hang'd
               ;
               there
               's
               for
               hanging
               .
               
                 Acts.
                 1.
                 18.
                 
                 Judas
              
               hanged
               himself
               ,
               and
               his
               Bowels
               were
               poured
               out
               ;
               there
               's
               for
               hanging
               ,
               and
               embowelling
               alive
               .
               2
               
                 Sam.
                 18.
                 14.
                 
                 Joab
              
               pierced
               
               Absalom's
               heart
               ;
               that
               's
               proof
               for
               pulling
               out
               a
               Traytors
               heart
               .
               2
               
                 Sam.
                 20.
                 22.
                 
                 Sheba
              
               the
               Son
               of
               Bichri
               had
               his
               Head
               cut
               off
               ;
               which
               is
               proof
               that
               a
               Traytors
               Head
               ought
               to
               be
               cut
               off
               .
               2
               Sam.
               4.
               12.
               
               They
               slew
               Baanah
               and
               Rechab
               ,
               and
               hung
               up
               their
               Heads
               over
               the
               Pool
               of
               Hebron
               ;
               this
               is
               for
               setting
               up
               of
               Quarters
               .
               And
               Lastly
               for
               forfeiture
               of
               Lands
               ,
               and
               Goods
               ,
               
                 Psal.
                 109.
                 v.
                 9.
                 10.
                 
                 &c.
                 
              
               
                 Let
                 their
                 Children
                 be
                 driven
                 out
                 ,
                 and
                 beg
                 ,
                 and
                 other
                 Men
                 make
                 spoil
                 of
                 their
                 labours
                 ,
                 and
                 let
                 their
                 Memory
                 be
                 blotted
                 out
                 of
                 the
                 Land.
                 
              
            
          
           
             
               Ph.
               
            
             
               learnedly
               said
               ;
               and
               no
               Record
               is
               to
               be
               kept
               of
               the
               Judgment
               .
               Also
               the
               Punishments
               divided
               between
               those
               Traytors
               must
               be
               joyn'd
               in
               one
               Judgment
               for
               a
               Traytor
               here
               .
            
          
           
             
               La.
               
            
             
               He
               meant
               none
               of
               this
               ,
               but
               intended
               (
               his
               Hand
               being
               in
               )
               to
               shew
               his
               Reading
               ,
               or
               his
               Chaplains
               in
               the
               Bible
               .
            
          
           
             
               Ph.
               
            
             
               Seeing
               then
               for
               the
               specifying
               of
               the
               Punishment
               in
               Case
               of
               Treason
               ,
               he
               brings
               no
               argument
               from
               natural
               Reason
               ;
               that
               is
               
               to
               say
               ,
               from
               the
               Common
               Law
               ;
               and
               that
               it
               is
               manifest
               that
               it
               is
               not
               the
               general
               Custom
               of
               the
               Land
               ,
               the
               same
               being
               rarely
               ,
               or
               never
               executed
               upon
               any
               Peer
               of
               the
               Realm
               ,
               and
               that
               the
               King
               may
               remit
               the
               whole
               Penalty
               ,
               if
               he
               will
               ;
               it
               follows
               ,
               that
               the
               specifying
               of
               the
               Punishment
               depends
               meerly
               upon
               the
               authority
               of
               the
               King.
               But
               this
               is
               certain
               ,
               that
               no
               Judge
               ought
               to
               give
               other
               Judgment
               ,
               than
               has
               been
               usually
               given
               ,
               and
               approv'd
               either
               by
               a
               Statute
               ,
               or
               by
               Consent
               express
               or
               implyed
               ,
               of
               the
               Soveraign
               Power
               ;
               for
               otherwise
               it
               is
               not
               the
               Judgment
               of
               the
               Law
               ,
               but
               of
               a
               Man
               subject
               to
               the
               Law.
               
            
          
           
             
               La.
               
            
             
               In
               Petit
               Treason
               the
               Judgment
               is
               ,
               to
               be
               drawn
               to
               the
               place
               of
               execution
               ,
               and
               hang'd
               by
               the
               Neck
               ,
               or
               if
               it
               be
               a
               Woman
               ,
               to
               be
               drawn
               and
               burnt
               .
            
          
           
             
               Ph.
               
            
             
               Can
               you
               imagine
               that
               this
               so
               nice
               a
               distinction
               can
               have
               any
               other
               foundation
               than
               the
               wit
               of
               a
               private
               Man
               ?
            
          
           
             
               La.
               
            
             
               Sir
               
                 Edw.
                 Coke
              
               upon
               this
               place
               says
               ,
               that
               she
               ought
               not
               to
               be
               beheaded
               ,
               or
               hanged
               .
            
          
           
             
               Ph.
               
            
             
               No
               ,
               not
               by
               the
               Judge
               ,
               who
               ought
               to
               give
               no
               other
               Judgment
               than
               the
               Statute
               ,
               or
               the
               King
               appoints
               ,
               nor
               the
               Sheriff
               to
               make
               other
               execution
               than
               the
               Judge
               pronounceth
               ;
               unless
               he
               have
               a
               special
               warrant
               from
               the
               King.
               And
               this
               I
               should
               have
               thought
               he
               had
               meant
               ,
               had
               he
               not
               said
               before
               ,
               that
               
               the
               King
               had
               given
               away
               all
               his
               Right
               of
               Judicature
               to
               his
               Courts
               of
               Justice
               .
            
          
           
             
               La.
               
            
             
               The
               Judgment
               for
               Felony
               is
               —
            
          
           
             
               Ph.
               
            
             
               Heresie
               is
               before
               Felony
               in
               the
               Catalogue
               of
               the
               Pleas
               of
               the
               Crown
               .
            
          
           
             
               La.
               
            
             
               He
               has
               omitted
               the
               Judgment
               against
               a
               Heretick
               ,
               because
               (
               I
               think
               )
               no
               Jury
               confin'd
               Heresie
               ,
               nor
               no
               Judge
               Temporal
               did
               ever
               pronounce
               Judgment
               upon
               it
               :
               For
               the
               Statute
               of
               2
               
                 H.
                 5.
                 c.
              
               7.
               was
               ,
               that
               the
               Bishop
               having
               convicted
               any
               Man
               of
               Heresie
               ,
               should
               deliver
               him
               to
               the
               Sheriff
               ,
               and
               that
               the
               Sheriff
               should
               believe
               the
               Bishop
               .
               The
               Sheriff
               therefore
               was
               bound
               by
               the
               Statute
               of
               2
               H.
               4.
               after
               he
               was
               delivered
               to
               him
               ,
               to
               burn
               him
               ;
               but
               that
               Statute
               being
               repeal'd
               ,
               the
               Sheriff
               could
               not
               burn
               him
               ,
               without
               a
               Writ
               
                 de
                 Heretico
                 comburendo
              
               ,
               and
               therefore
               the
               Sheriff
               burnt
               Legat
               9.
               king
               James
               by
               that
               Writ
               ,
               which
               was
               granted
               by
               the
               Judges
               of
               the
               Common-Law
               at
               that
               time
               ,
               and
               in
               that
               Writ
               the
               Judgment
               is
               expressed
               .
            
          
           
             
               Ph.
               
            
             
               This
               is
               strange
               reasoning
               ;
               when
               Sir
               
                 Edw.
                 Coke
              
               knew
               ,
               and
               confessed
               ,
               that
               the
               Statutes
               upon
               which
               the
               Writ
               
                 de
                 Heretico
                 comburendo
              
               was
               grounded
               ,
               were
               all
               repeal'd
               ,
               how
               could
               he
               think
               the
               Writ
               it self
               could
               be
               in
               force
               ?
               Or
               that
               the
               Statute
               which
               repealeth
               the
               Statutes
               for
               burning
               Hereticks
               was
               not
               made
               with
               an
               intent
               to
               forbid
               such
               
               burning
               ?
               It
               is
               manifest
               he
               understood
               not
               his
               Books
               of
               Common-Law
               :
               For
               in
               the
               time
               of
               Hen.
               4.
               and
               Hen.
               5.
               the
               word
               of
               the
               Bishop
               was
               the
               Sheriff's
               warrant
               ,
               and
               there
               was
               need
               of
               no
               such
               Writ
               ;
               nor
               could
               he
               till
               the
               25
               Hen.
               8.
               when
               those
               Statutes
               were
               repeal'd
               ,
               and
               a
               Writ
               made
               for
               that
               purpose
               ,
               and
               put
               into
               the
               Register
               ,
               which
               Writ
               Fitzherbert
               cites
               in
               the
               end
               of
               his
               
                 natura
                 brevium
              
               .
               Again
               ,
               in
               the
               later
               end
               of
               the
               Reign
               of
               Queen
               Elizabeth
               was
               published
               a
               correct
               Register
               of
               Original
               and
               Judicial
               Writs
               ,
               and
               the
               Writ
               
                 de
                 Haeretico
                 comburendo
              
               left
               out
               ,
               because
               that
               Statute
               of
               25
               H.
               8.
               and
               all
               Statutes
               against
               Hereticks
               were
               repeal'd
               ,
               and
               burning
               forbidden
               .
               And
               whereas
               he
               citeth
               for
               the
               granting
               of
               this
               Writ
               ,
               9.
               
               Jac.
               the
               Lord
               Chief
               Justice
               ,
               the
               Lord
               Chief
               Baron
               ,
               and
               two
               Justices
               of
               the
               Common-pleas
               ,
               it
               is
               ,
               as
               to
               all
               ,
               but
               the
               Lord
               Chief
               against
               the
               Law
               ;
               for
               neither
               the
               Judges
               of
               Common-Pleas
               ,
               nor
               of
               the
               Exchequer
               can
               hold
               Pleas
               of
               the
               Crown
               (
               without
               special
               Commission
               )
               and
               if
               they
               cannot
               hold
               Plea
               ,
               they
               cannot
               condemn
               .
            
          
           
             
               La.
               
            
             
               The
               Punishment
               for
               Felony
               is
               ,
               that
               the
               Felon
               be
               hang'd
               by
               the
               Neck
               till
               he
               be
               dead
               .
               And
               to
               prove
               that
               it
               ought
               to
               be
               so
               ,
               he
               cites
               a
               Sentence
               (
               from
               whence
               I
               know
               not
               )
               
                 Quod
                 non
                 licet
                 Felonem
                 pro
                 Felonia
                 decollare
                 .
              
            
          
           
             
             
               Ph.
               
            
             
               It
               is
               not
               indeed
               lawful
               for
               the
               Sheriff
               of
               his
               own
               Head
               to
               do
               it
               ,
               or
               to
               do
               otherwise
               than
               is
               commanded
               in
               the
               Judgment
               ,
               nor
               for
               the
               Judge
               to
               give
               any
               other
               Judgment
               ,
               than
               according
               to
               Statute-Law
               ,
               or
               the
               usage
               consented
               to
               by
               the
               King
               ,
               but
               this
               hinders
               not
               the
               King
               from
               altering
               his
               Law
               concerning
               Judgments
               ,
               if
               he
               see
               good
               cause
               .
            
          
           
             
               La.
               
            
             
               The
               King
               may
               do
               so
               ,
               if
               he
               please
               :
               And
               Sir
               
                 Edw.
                 Coke
              
               tells
               you
               how
               he
               altered
               particular
               Judgments
               in
               case
               of
               Felony
               ,
               and
               sheweth
               ,
               that
               Judgment
               being
               given
               upon
               a
               Lord
               in
               Parliament
               ,
               that
               he
               should
               be
               hang'd
               ,
               he
               was
               nevertheless
               beheaded
               ;
               and
               that
               another
               Lord
               had
               the
               like
               Judgment
               for
               another
               Felony
               ,
               and
               was
               not
               hang'd
               ,
               but
               beheaded
               ;
               and
               withal
               he
               shews
               you
               the
               inconveniency
               of
               such
               proceeding
               ,
               because
               (
               saith
               he
               )
               if
               hanging
               might
               be
               altered
               to
               beheading
               ,
               by
               the
               same
               reason
               it
               might
               be
               altered
               to
               burning
               ,
               stoning
               to
               Death
               ,
               &c.
               
            
          
           
             
               Ph.
               
            
             
               Perhaps
               there
               might
               be
               inconveniency
               in
               it
               ;
               but
               't
               is
               more
               than
               I
               see
               ,
               or
               he
               shews
               ,
               nor
               did
               there
               happen
               any
               inconveniency
               from
               the
               execution
               he
               citeth
               :
               Besides
               he
               granteth
               ,
               that
               death
               being
               
                 ultimum
                 supplicium
              
               is
               a
               satisfaction
               to
               the
               Law.
               But
               what
               is
               all
               this
               to
               the
               purpose
               ,
               when
               it
               belongeth
               not
               to
               consider
               such
               inconveniencies
               
               of
               Government
               but
               to
               the
               King
               and
               Parliament
               ?
               Or
               who
               from
               the
               authority
               of
               a
               deputed
               Judge
               can
               derive
               a
               power
               to
               censure
               the
               actions
               of
               a
               King
               that
               hath
               deputed
               him
               ?
            
          
           
             
               La.
               
            
             
               For
               the
               death
               of
               a
               Man
               by
               misfortune
               ,
               there
               is
               (
               he
               saith
               )
               no
               express
               Judgment
               ,
               nor
               for
               killing
               a
               Man
               in
               ones
               own
               defence
               ;
               but
               he
               saith
               ,
               that
               the
               Law
               hath
               in
               both
               Cases
               given
               judgment
               ,
               that
               he
               that
               so
               killeth
               a
               Man
               shall
               forfeit
               all
               his
               Goods
               and
               Chattels
               ,
               Debts
               and
               Duties
               .
            
          
           
             
               Ph.
               
            
             
               If
               we
               consider
               what
               Sir
               
                 Edw.
                 Coke
              
               saith
               ,
               1
               
                 Inst.
                 Sect.
              
               745.
               at
               the
               word
               Felony
               ,
               these
               Judgments
               are
               very
               favourable
               :
               For
               there
               he
               saith
               ,
               that
               killing
               of
               a
               Man
               by
               Chance-medley
               ,
               or
               
                 se
                 defendendo
              
               is
               Felony
               .
               His
               words
               are
               ;
               wherefore
               by
               the
               Law
               at
               this
               day
               ,
               under
               the
               word
               Felony
               in
               Commissions
               ,
               &c.
               is
               included
               Petit
               Treason
               ,
               Murder
               ,
               Homicide
               ,
               burning
               of
               Houses
               ,
               Burglary
               ,
               Robbery
               ,
               Rape
               ,
               
                 &c.
                 
                 Chance-medley
              
               ,
               and
               
                 se
                 defendendo
              
               .
               But
               if
               we
               consider
               only
               the
               intent
               of
               him
               that
               killeth
               a
               Man
               by
               misfortune
               ,
               or
               in
               his
               own
               defence
               ,
               the
               same
               judgments
               will
               be
               thought
               both
               cruel
               ,
               and
               sinful
               Judgments
               .
               And
               how
               they
               can
               be
               Felony
               at
               this
               day
               cannot
               be
               understood
               ,
               unless
               there
               be
               a
               Statute
               to
               make
               them
               so
               .
               For
               the
               Statute
               of
               25
               
                 H.
                 3.
                 cap.
              
               25.
               
               The
               words
               whereof
               ,
               Murder
               from
               henceforth
               shall
               not
               
               be
               judged
               before
               our
               Justices
               ,
               where
               it
               is
               found
               Misfortune
               only
               ;
               but
               it
               shall
               take
               place
               in
               such
               as
               are
               slain
               by
               Felony
               ,
               and
               not
               otherwise
               ,
               make
               it
               manifest
               ,
               if
               they
               be
               Felonies
               ,
               they
               must
               also
               be
               Murders
               ,
               unless
               they
               have
               been
               made
               Felonies
               by
               some
               latter
               Statute
               .
            
          
           
             
               La.
               
            
             
               There
               is
               no
               such
               latter
               Statute
               ,
               nor
               is
               it
               to
               say
               in
               Commission
               ;
               nor
               can
               a
               Commission
               ,
               or
               any
               thing
               but
               another
               Statute
               make
               a
               thing
               Felony
               ,
               that
               was
               not
               so
               before
               .
            
          
           
             
               Ph.
               
            
             
               See
               what
               it
               is
               for
               a
               Man
               to
               distinguish
               Felony
               into
               several
               sorts
               ,
               before
               he
               understands
               the
               general
               name
               of
               Felony
               what
               it
               meaneth
               ;
               but
               that
               a
               Man
               ,
               for
               killing
               another
               Man
               by
               misfortune
               only
               ,
               without
               any
               evil
               purpose
               ,
               should
               forfeit
               all
               his
               Goods
               and
               Chartels
               ,
               Debts
               and
               Duties
               ,
               is
               a
               very
               hard
               Judgment
               ,
               unless
               perhaps
               they
               were
               to
               be
               given
               to
               the
               Kindred
               of
               the
               Man
               slain
               ,
               by
               way
               of
               amends
               for
               dammage
               .
               But
               the
               Law
               is
               not
               that
               .
               Is
               it
               the
               Common-Law
               (
               which
               is
               the
               Law
               of
               Reason
               )
               that
               justifies
               this
               Judgment
               ,
               or
               the
               Statute-Law
               ?
               It
               cannot
               be
               the
               Law
               of
               Reason
               ,
               if
               the
               Case
               be
               meer
               misfortune
               .
               If
               a
               Man
               be
               upon
               his
               Apple-tree
               ,
               to
               gather
               his
               Apples
               ,
               and
               by
               ill
               fortune
               fall
               down
               ,
               and
               lighting
               on
               the
               Head
               of
               another
               Man
               kill
               him
               ,
               and
               by
               good
               fortune
               saves
               himself
               ;
               shall
               he
               for
               this
               
               mischance
               be
               punished
               with
               the
               forfeiture
               of
               his
               Goods
               to
               the
               King
               ?
               Does
               the
               Law
               of
               Reason
               warrant
               this
               ?
               He
               should
               (
               you
               'l
               say
               )
               have
               look'd
               to
               his
               Feet
               ;
               that
               's
               true
               ,
               but
               so
               should
               he
               that
               was
               under
               have
               look'd
               up
               to
               the
               Tree
               .
               Therefore
               in
               this
               Case
               the
               Law
               of
               Reason
               (
               as
               I
               think
               )
               dictates
               ,
               that
               they
               ought
               each
               of
               them
               to
               bear
               his
               own
               misfortune
               .
            
          
           
             
               La.
               
            
             
               In
               this
               Case
               I
               agree
               with
               you
               .
            
          
           
             
               Ph.
               
            
             
               But
               this
               Case
               is
               the
               true
               Case
               of
               meer
               misfortune
               ,
               and
               a
               sufficient
               reprehension
               of
               the
               Opinion
               of
               Sir
               
                 Edw.
                 Coke
              
               .
            
          
           
             
               La.
               
            
             
               But
               what
               if
               this
               had
               hapned
               to
               be
               done
               by
               one
               that
               had
               been
               stealing
               Apples
               upon
               the
               Tree
               of
               another
               Man
               ?
               Then
               (
               as
               Sir
               
                 Edw.
                 Coke
              
               says
               ,
               3
               Inst.
               p
               ,
               56.
               )
               it
               had
               been
               Murder
               .
            
          
           
             
               Ph.
               
            
             
               There
               is
               indeed
               great
               need
               of
               good
               distinction
               in
               a
               Case
               of
               killing
               by
               misfortune
               ;
               but
               in
               this
               Case
               the
               unlawfulness
               of
               stealing
               Apples
               cannot
               make
               it
               Murder
               ,
               unless
               the
               falling
               it self
               be
               unlawful
               .
               It
               must
               be
               a
               voluntary
               unlawful
               Act
               that
               causeth
               the
               death
               ,
               or
               else
               it
               is
               no
               Murder
               by
               the
               Law
               of
               Reason
               :
               Now
               the
               death
               of
               the
               Man
               that
               was
               under
               the
               Tree
               proceeded
               not
               from
               that
               ,
               that
               the
               Apples
               were
               not
               his
               that
               fell
               ,
               but
               from
               the
               fall
               .
               But
               if
               a
               Man
               shoot
               with
               a
               Bow
               or
               a
               Gun
               at
               another
               Man's
               Deer
               ,
               and
               by
               misfortune
               kill
               a
               Man
               ,
               such
               shooting
               being
               
               both
               voluntary
               ,
               and
               unlawful
               ,
               and
               also
               the
               immediate
               Cause
               of
               the
               Mans
               death
               ,
               may
               be
               drawn
               perhaps
               well
               enough
               sometimes
               to
               Murder
               by
               a
               Judge
               of
               the
               Common-Law
               .
               So
               likewise
               if
               a
               Man
               shoot
               an
               Arrow
               over
               a
               House
               ,
               and
               by
               chance
               kill
               a
               Man
               in
               the
               Street
               ,
               there
               is
               no
               doubt
               but
               by
               the
               Law
               of
               Reason
               it
               is
               Murder
               ,
               for
               though
               he
               meant
               no
               malice
               to
               the
               Man
               slain
               ,
               yet
               it
               is
               manifest
               ,
               that
               he
               cared
               not
               whom
               he
               slew
               .
               In
               this
               difficulty
               of
               finding
               out
               what
               it
               is
               that
               the
               Law
               of
               Reason
               dictates
               ,
               who
               is
               it
               that
               must
               decide
               the
               Question
               ?
            
          
           
             
               La.
               
            
             
               In
               the
               Case
               of
               misfortune
               ,
               I
               think
               it
               belongs
               to
               the
               Jury
               ;
               for
               it
               is
               matter
               of
               Fact
               only
               :
               But
               when
               it
               is
               doubtful
               whether
               the
               action
               from
               which
               the
               misfortune
               came
               ,
               were
               Lawful
               ,
               or
               Unlawful
               ,
               it
               is
               to
               be
               judged
               by
               the
               Judge
               .
            
          
           
             
               Ph.
               
            
             
               But
               if
               the
               unlawfulness
               of
               the
               action
               (
               as
               the
               stealing
               of
               the
               Apples
               )
               did
               not
               cause
               the
               death
               of
               the
               Man
               ,
               then
               the
               stealing
               ,
               be
               it
               ,
               Trespass
               ,
               or
               Felony
               ,
               ought
               to
               be
               punished
               alone
               ,
               as
               the
               Law
               requireth
               .
            
          
           
             
               La.
               
            
             
               But
               for
               killing
               of
               a
               Man
               
                 se
                 defendendo
              
               ,
               the
               Jury
               (
               as
               Sir
               
                 Edw.
                 Coke
              
               here
               says
               )
               shall
               not
               in
               their
               Verdict
               say
               it
               was
               
                 se
                 defendendo
              
               ,
               but
               shall
               declare
               the
               manner
               of
               the
               Fact
               in
               special
               ,
               and
               clear
               it
               to
               the
               Judge
               ,
               to
               consider
               how
               it
               is
               to
               be
               called
               ,
               whether
               
                 se
                 defendendo
              
               ,
               Manslaughter
               ,
               or
               Murder
               .
            
          
           
             
             
               Ph.
               
            
             
               One
               would
               think
               so
               ;
               for
               it
               is
               not
               often
               within
               the
               capacity
               of
               a
               Jury
               to
               distinguish
               the
               signification
               of
               the
               different
               and
               hard
               names
               which
               are
               given
               by
               Lawyers
               to
               the
               killing
               of
               a
               Man
               ;
               as
               Murder
               and
               Felony
               ,
               which
               neither
               the
               Laws
               ,
               nor
               the
               makers
               of
               the
               Laws
               have
               yet
               defined
               .
               The
               Witnesses
               say
               ,
               that
               thus
               and
               thus
               the
               Person
               did
               ,
               but
               not
               that
               it
               was
               Murder
               or
               Felony
               ;
               no
               more
               can
               the
               Jury
               say
               ,
               who
               ought
               to
               say
               nothing
               but
               what
               they
               hear
               from
               the
               Witnesses
               ,
               or
               from
               the
               Prisoner
               .
               Nor
               ought
               the
               Judge
               to
               ground
               his
               Sentence
               upon
               any
               thing
               else
               ,
               besides
               the
               special
               matter
               found
               ,
               which
               according
               as
               it
               is
               contrary
               ,
               or
               not
               contrary
               to
               the
               Statute
               ,
               ought
               to
               be
               pronounced
               .
            
          
           
             
               La.
               
            
             
               But
               I
               have
               told
               you
               ,
               that
               when
               the
               Jury
               has
               found
               misfortune
               ,
               or
               
                 se
                 defendendo
              
               ,
               there
               is
               no
               judgment
               at
               all
               to
               be
               given
               ,
               and
               the
               Party
               is
               to
               be
               pardoned
               of
               course
               ,
               saving
               that
               he
               shall
               forfeit
               his
               Goods
               and
               Chattells
               ,
               Debts
               and
               Duties
               to
               the
               King.
               
            
          
           
             
               Ph.
               
            
             
               But
               I
               understand
               not
               how
               there
               can
               be
               a
               Crime
               for
               which
               there
               is
               no
               Judgment
               ,
               nor
               how
               any
               Punishment
               can
               be
               inflicted
               without
               a
               precedent
               Judgment
               ,
               nor
               upon
               what
               ground
               the
               Sheriff
               can
               seize
               the
               Goods
               of
               any
               Man
               ,
               till
               it
               be
               judged
               that
               they
               be
               forfeited
               .
               I
               know
               that
               Sir
               
                 Edw.
                 Coke
              
               saith
               ,
               that
               in
               the
               Judgment
               of
               hanging
               ,
               the
               Judgment
               
               of
               forfeiture
               is
               implyed
               ,
               which
               I
               understand
               not
               ;
               though
               I
               understand
               well
               enough
               ,
               that
               the
               Sheriff
               by
               his
               Office
               may
               seize
               the
               Goods
               of
               a
               Felon
               convicted
               ;
               much
               less
               do
               I
               conceive
               how
               the
               forfeiture
               of
               Goods
               can
               be
               implyed
               in
               a
               no-judgment
               ,
               nor
               do
               I
               conceive
               ,
               that
               when
               the
               Jury
               has
               found
               the
               special
               manner
               of
               the
               Fact
               to
               be
               such
               ,
               as
               is
               really
               no
               other
               than
               
                 se
                 defendendo
              
               ,
               and
               consequently
               ,
               no
               fault
               at
               all
               ,
               why
               he
               should
               have
               any
               Punishment
               at
               all
               .
               Can
               you
               shew
               me
               any
               Reason
               for
               it
               ?
            
          
           
             
               La.
               
            
             
               The
               Reason
               lies
               in
               the
               Custom
               .
            
          
           
             
               Ph.
               
            
             
               You
               know
               that
               unreasonable
               Customs
               are
               not
               Law
               ,
               but
               ought
               to
               be
               abolished
               ;
               and
               what
               Custom
               is
               there
               more
               unreasonable
               than
               that
               a
               Man
               should
               be
               punished
               without
               a
               fault
               ?
            
          
           
             
               La.
               
            
             
               Then
               see
               the
               Statute
               of
               24
               
                 Hen.
                 8.
                 cap.
              
               5.
               
            
          
           
             
               Ph.
               
            
             
               I
               find
               here
               ,
               that
               at
               the
               making
               of
               this
               Statute
               there
               was
               a
               Question
               amongst
               the
               Lawyers
               ,
               in
               case
               one
               Man
               should
               kill
               another
               that
               attempted
               feloniously
               to
               Rob
               ,
               or
               Murder
               him
               in
               ,
               or
               near
               any
               Common
               High-way
               ,
               Court-way
               ,
               Horse-way
               ,
               or
               Foot-way
               ,
               or
               in
               his
               Mansion
               ,
               Messuage
               ,
               or
               Dwelling-place
               ;
               whether
               for
               the
               death
               of
               such
               a
               Man
               one
               shall
               forfeit
               his
               Goods
               and
               Chattells
               ,
               as
               a
               Man
               should
               do
               for
               killing
               another
               by
               Chance-medley
               ,
               or
               in
               his
               own
               defence
               .
               
               This
               is
               the
               Preamble
               ,
               and
               penned
               as
               well
               as
               Sir
               
                 Edw.
                 Coke
              
               could
               have
               wished
               ;
               but
               this
               Statute
               does
               not
               determine
               that
               a
               Man
               should
               forfeit
               his
               Goods
               for
               killing
               a
               Man
               
                 se
                 defendendo
              
               ,
               or
               for
               killing
               him
               by
               misfortune
               ;
               but
               supposeth
               it
               only
               upon
               the
               opinion
               of
               the
               Lawyers
               that
               then
               were
               .
               The
               body
               of
               the
               Statute
               is
               ,
               that
               if
               a
               Man
               be
               indicted
               ,
               or
               appealed
               for
               the
               death
               of
               such
               Person
               so
               attempting
               as
               aforesaid
               ,
               and
               the
               same
               by
               verdict
               be
               so
               found
               and
               tryed
               ,
               he
               shall
               not
               forfeit
               any
               thing
               ,
               but
               shall
               be
               discharged
               as
               if
               he
               had
               been
               found
               
                 not
                 Guilty
              
               .
               You
               see
               the
               Statute
               ,
               now
               consider
               thereby
               in
               the
               case
               of
               killing
               
                 se
                 defendendo
              
               .
               Frst
               ,
               if
               a
               Man
               kill
               another
               in
               his
               own
               defence
               ,
               it
               is
               manifest
               ,
               that
               the
               Man
               slain
               did
               either
               attempt
               to
               Rob
               ,
               or
               to
               Kill
               ,
               or
               to
               Wound
               him
               ;
               for
               else
               it
               was
               not
               done
               in
               his
               own
               defence
               .
               If
               then
               it
               were
               done
               in
               the
               Street
               ,
               or
               near
               the
               Street
               as
               in
               a
               Tavern
               ,
               he
               forfeits
               nothing
               because
               the
               Street
               is
               a
               High-way
               .
               So
               likewise
               it
               is
               to
               be
               said
               of
               all
               other
               Common-ways
               .
               In
               what
               place
               therefore
               can
               a
               Man
               kill
               another
               in
               his
               own
               defence
               ,
               but
               that
               this
               Statute
               will
               discharge
               him
               of
               the
               forfeiture
               ?
            
          
           
             
               La.
               
            
             
               But
               the
               Statute
               says
               the
               attempt
               must
               be
               felonious
               .
            
          
           
             
               Ph.
               
            
             
               When
               a
               Man
               assaults
               me
               with
               a
               Knife
               ,
               Sword
               ,
               Club
               ,
               or
               other
               mortal
               Weapon
               ;
               
               does
               any
               Law
               forbid
               me
               to
               defend
               my self
               ,
               or
               command
               me
               to
               stay
               so
               long
               as
               to
               know
               whether
               he
               have
               a
               felonious
               intent
               ,
               or
               no
               ?
               Therefore
               by
               this
               Statute
               ,
               in
               case
               it
               be
               found
               
                 se
                 defendendo
              
               ,
               the
               forfeiture
               is
               discharged
               ,
               if
               it
               be
               found
               otherwise
               ,
               it
               is
               Capital
               .
               If
               we
               read
               the
               Statute
               of
               
                 Glocester
                 ,
                 cap.
              
               9.
               
               I
               think
               it
               will
               take
               away
               the
               difficulty
               :
               For
               by
               that
               Statute
               ,
               in
               case
               it
               be
               found
               by
               the
               Countrey
               ,
               that
               he
               did
               it
               in
               his
               own
               defence
               ,
               or
               by
               misfortune
               ,
               then
               by
               the
               report
               of
               the
               Justices
               to
               the
               King
               ,
               the
               King
               shall
               take
               him
               to
               his
               Grace
               ,
               if
               it
               please
               him
               .
               From
               whence
               it
               followeth
               ;
               first
               ,
               that
               it
               was
               then
               thought
               Law
               ,
               that
               the
               Jury
               may
               give
               the
               general
               verdict
               of
               
                 se
                 defendendo
              
               ,
               which
               Sir
               
                 Edw.
                 Coke
              
               denies
               .
               Secondly
               ,
               that
               the
               Judge
               ought
               to
               report
               especial
               matter
               to
               the
               King.
               Thirdly
               ,
               that
               the
               King
               may
               take
               him
               to
               his
               Grace
               ,
               if
               he
               please
               ,
               and
               consequently
               ,
               that
               his
               Goods
               are
               not
               to
               be
               seiz'd
               ,
               till
               the
               King
               (
               after
               the
               report
               of
               the
               Judge
               heard
               )
               give
               the
               Sheriff
               command
               to
               do
               it
               .
               Fourthly
               ,
               that
               the
               general
               verdict
               of
               the
               King
               hinders
               not
               the
               King
               ,
               but
               that
               he
               may
               Judge
               of
               it
               upon
               the
               special
               matter
               ,
               for
               it
               often
               happens
               that
               an
               ill-disposed
               Person
               provokes
               a
               Man
               with
               words
               ,
               or
               otherwise
               on
               purpose
               to
               make
               him
               draw
               his
               Sword
               ,
               that
               he
               may
               kill
               him
               ,
               and
               pretend
               it
               done
               in
               his
               own
               defence
               ;
               which
               appearing
               ,
               
               the
               King
               may
               ,
               without
               any
               offence
               to
               God
               ,
               punish
               him
               as
               the
               cause
               shall
               require
               .
               Lastly
               (
               contrary
               to
               the
               Doctrine
               of
               Sir
               
                 Edw.
                 Coke
              
               )
               he
               may
               in
               his
               own
               Person
               be
               Judge
               in
               the
               case
               ,
               and
               annul
               the
               Verdict
               of
               the
               Jury
               ,
               which
               a
               deputed
               Judge
               cannot
               do
               .
            
          
           
             
               La.
               
            
             
               There
               be
               some
               cases
               wherein
               a
               Man
               ,
               though
               by
               the
               Jury
               he
               be
               found
               
                 not
                 Guilty
              
               ,
               shall
               nevertheless
               forfeit
               his
               Goods
               and
               Chattells
               to
               the
               King.
               For
               example
               ;
               a
               Man
               is
               slain
               ,
               and
               one
               A.
               hating
               B.
               giveth
               out
               that
               it
               was
               B.
               that
               slew
               him
               :
               B.
               hearing
               thereof
               ,
               fearing
               if
               he
               be
               tryed
               for
               it
               ,
               that
               through
               the
               great
               power
               of
               A.
               and
               others
               that
               seek
               his
               hurt
               ,
               he
               should
               be
               condemned
               ,
               flieth
               ,
               and
               afterwards
               is
               taken
               ,
               and
               tryed
               ;
               and
               upon
               sufficient
               evidence
               is
               by
               the
               Jury
               found
               
                 Not
                 Guilty
              
               ;
               yet
               because
               he
               fled
               he
               shall
               forfeit
               his
               Goods
               and
               Chattels
               ,
               notwithstanding
               there
               be
               no
               such
               Judgment
               given
               by
               the
               Judge
               ,
               nor
               appointed
               by
               any
               Statute
               ,
               but
               the
               Law
               it self
               authoriseth
               the
               Sheriff
               to
               seize
               them
               to
               the
               use
               of
               the
               King.
               
            
          
           
             
               Ph.
               
            
             
               I
               see
               no
               reason
               (
               which
               is
               Common-Law
               )
               for
               it
               ,
               and
               am
               sure
               it
               is
               grounded
               upon
               no
               Statute
               .
            
          
           
             
               La.
               
            
             
               See
               Sir
               
                 Edw.
                 Coke
                 ,
                 Inst.
                 1.
                 
                 Sect.
              
               709.
               and
               read
               .
            
          
           
             
             
               Ph.
               
            
             
               If
               a
               Man
               that
               is
               Innocent
               be
               accus'd
               of
               Felony
               ,
               and
               for
               fear
               flieth
               for
               the
               same
               ;
               albeit
               that
               he
               be
               judicially
               acquitted
               of
               the
               Felony
               ,
               yet
               if
               it
               be
               found
               that
               he
               fled
               for
               the
               same
               ,
               he
               shall
               (
               notwithstanding
               his
               Innocence
               )
               forfeit
               all
               his
               Goods
               and
               Chattells
               ,
               Debts
               and
               Duties
               .
               O
               unchristian
               ,
               and
               abominable
               Doctrine
               !
               which
               also
               he
               in
               his
               own
               words
               following
               contradicteth
               :
               For
               (
               saith
               he
               )
               as
               to
               the
               forfeiture
               of
               them
               ,
               the
               Law
               will
               admit
               no
               proof
               against
               the
               presumption
               of
               the
               Law
               grounded
               upon
               his
               flight
               ,
               and
               so
               it
               is
               in
               many
               other
               cases
               :
               But
               that
               the
               general
               Rule
               is
               ,
               
                 Quod
                 stabitur
                 praesumptioni
                 ,
                 donec
                 probetur
                 in
                 contrarium
                 ,
              
               but
               you
               see
               it
               hath
               many
               exceptions
               .
               This
               general
               Rule
               contradicts
               what
               he
               said
               before
               ;
               for
               there
               can
               be
               no
               exceptions
               to
               a
               general
               Rule
               in
               Law
               ,
               that
               is
               not
               expresly
               made
               an
               exception
               by
               some
               Statute
               ,
               and
               to
               a
               general
               Rule
               of
               equity
               there
               can
               be
               no
               exception
               at
               all
               .
               From
               the
               power
               of
               Punishing
               ,
               let
               us
               proceed
               to
               the
               power
               of
               Pardoning
               .
            
          
           
             
               La.
               
            
             
               Touching
               the
               power
               of
               Pardoning
               ,
               Sir
               
                 Edw.
                 Coke
              
               says
               ,
               3
               Inst.
               p.
               236.
               
               That
               no
               Man
               shall
               obtain
               Charter
               of
               pardon
               out
               of
               Parliament
               ,
               and
               cites
               for
               it
               the
               Statute
               of
               2
               
                 Ed.
                 3.
                 cap.
              
               2.
               and
               says
               farther
               ,
               that
               accordingly
               in
               a
               Parliament
               Roll
               it
               is
               said
               ,
               that
               for
               the
               peace
               of
               the
               Land
               it
               would
               help
               ,
               
               that
               no
               pardon
               were
               granted
               but
               by
               Parliament
               .
            
          
           
             
               Ph.
               
            
             
               What
               lawful
               power
               would
               he
               have
               left
               to
               the
               King
               ,
               that
               thus
               disableth
               him
               to
               practice
               Mercy
               ?
               In
               the
               Statute
               which
               he
               citeth
               ,
               to
               prove
               that
               the
               King
               ought
               not
               to
               grant
               Charters
               of
               Pardon
               ,
               but
               in
               Parliament
               there
               are
               no
               such
               words
               ,
               as
               any
               Man
               may
               see
               ;
               for
               that
               Statute
               is
               in
               Print
               ;
               and
               that
               which
               he
               says
               is
               in
               the
               Parliament
               Roll
               ,
               is
               but
               a
               wish
               of
               he
               tells
               not
               whom
               ,
               and
               not
               a
               Law
               ;
               and
               't
               is
               strange
               that
               a
               private
               wish
               should
               be
               inroll'd
               amongst
               Acts
               of
               Parliament
               .
               If
               a
               Man
               do
               you
               an
               injury
               ,
               to
               whom
               (
               think
               you
               )
               belongeth
               the
               Right
               of
               pardoning
               it
               ?
            
          
           
             
               La.
               
            
             
               Doubtless
               to
               me
               alone
               ,
               if
               to
               me
               alone
               be
               done
               that
               injury
               ;
               and
               to
               the
               King
               alone
               ,
               if
               to
               him
               alone
               be
               done
               the
               injury
               ;
               and
               to
               both
               together
               ,
               if
               the
               injury
               be
               done
               to
               both
               .
            
          
           
             
               Ph.
               
            
             
               What
               part
               then
               has
               any
               Man
               in
               the
               granting
               of
               a
               pardon
               ,
               but
               the
               King
               and
               the
               party
               wrong'd
               .
               if
               you
               offend
               no
               Member
               of
               either
               House
               ,
               why
               should
               you
               ask
               their
               pardon
               .
               It
               is
               possible
               that
               a
               Man
               may
               deserve
               a
               pardon
               ;
               or
               he
               may
               be
               such
               a
               one
               sometimes
               as
               the
               defence
               of
               the
               Kingdom
               hath
               need
               of
               ;
               may
               not
               the
               King
               pardon
               him
               ,
               though
               there
               be
               no
               Parliament
               then
               sitting
               ?
               Sir
               Edw.
               Coke's
               Law
               is
               too
               general
               in
               this
               
               point
               ,
               and
               I
               believe
               ,
               if
               he
               had
               thought
               on
               't
               ,
               he
               would
               have
               excepted
               some
               Persons
               ,
               if
               not
               all
               the
               Kings
               Children
               ,
               and
               his
               Heir
               apparent
               ;
               and
               yet
               they
               are
               all
               his
               Subjects
               ,
               and
               subject
               to
               the
               Law
               as
               other
               Men.
               
            
          
           
             
               La.
               
            
             
               But
               if
               the
               King
               shall
               grant
               pardons
               of
               Murder
               and
               Felony
               ,
               of
               his
               own
               head
               ,
               there
               would
               be
               very
               little
               safety
               for
               any
               Man
               ,
               either
               out
               of
               his
               House
               ,
               or
               in
               it
               ,
               either
               by
               Night
               ,
               or
               by
               Day
               :
               And
               for
               that
               very
               cause
               there
               have
               been
               many
               good
               Statutes
               provided
               ,
               which
               forbid
               the
               Justices
               to
               allow
               of
               such
               pardons
               as
               do
               not
               specially
               name
               the
               Crime
               .
            
          
           
             
               Ph.
               
            
             
               Those
               Statutes
               ,
               I
               confess
               ,
               are
               reasonable
               ,
               and
               very
               profitable
               ,
               which
               forbid
               the
               Judge
               to
               pardon
               Murders
               ,
               but
               what
               Statute
               is
               there
               that
               forbids
               the
               King
               to
               do
               it
               ?
               There
               is
               a
               Statute
               of
               13
               
                 Rich.
                 2.
                 c.
              
               1.
               wherein
               the
               King
               promiseth
               not
               to
               pardon
               Murder
               ,
               but
               there
               is
               in
               it
               a
               clause
               for
               the
               saving
               of
               the
               Kings
               Regality
               .
               From
               which
               may
               be
               inferr'd
               ,
               that
               the
               King
               did
               not
               grant
               away
               that
               power
               ,
               when
               he
               thought
               good
               to
               use
               it
               for
               the
               Common-wealth
               .
               Such
               Statutes
               are
               not
               Laws
               to
               the
               King
               ,
               but
               to
               his
               Judges
               ,
               and
               though
               the
               Judges
               be
               commanded
               by
               the
               King
               not
               to
               allow
               pardons
               in
               many
               cases
               ,
               yet
               if
               the
               King
               by
               writing
               command
               the
               Judges
               to
               allow
               them
               ,
               they
               ought
               to
               do
               it
               .
               I
               think
               ,
               if
               the
               King
               think
               
               in
               his
               conscience
               it
               be
               for
               the
               good
               of
               the
               Common-wealth
               ,
               he
               sinneth
               not
               in
               it
               ;
               but
               I
               hold
               not
               that
               the
               King
               may
               pardon
               him
               without
               sin
               ,
               if
               any
               other
               Man
               be
               damnified
               by
               the
               Crime
               committed
               ,
               unless
               he
               cause
               reparation
               to
               be
               made
               ,
               as
               far
               as
               the
               party
               offending
               can
               do
               it
               :
               And
               howsoever
               be
               it
               sin
               ,
               or
               not
               sin
               ,
               there
               is
               no
               power
               in
               England
               that
               may
               resist
               him
               ,
               or
               speak
               evil
               of
               him
               lawfully
               .
            
          
           
             
               La.
               
            
             
               Sir
               
                 Edw.
                 Coke
              
               denies
               not
               that
               ;
               and
               upon
               that
               ground
               it
               is
               that
               the
               King
               ,
               he
               says
               ,
               may
               pardon
               high
               Treason
               ;
               for
               there
               can
               be
               no
               high
               Treason
               ,
               but
               against
               the
               King.
               
            
          
           
             
               Ph.
               
            
             
               That
               's
               well
               ;
               therefore
               he
               confesseth
               ,
               that
               whatsoever
               the
               offence
               be
               ,
               the
               King
               may
               pardon
               so
               much
               of
               it
               as
               is
               an
               injury
               to
               himself
               ,
               and
               that
               by
               his
               own
               right
               ,
               without
               breach
               of
               any
               Law
               positive
               ,
               or
               natural
               ,
               or
               of
               any
               grant
               ,
               if
               his
               Conscience
               tell
               him
               that
               it
               be
               not
               to
               the
               dammage
               of
               the
               Common-wealth
               ;
               and
               you
               know
               that
               to
               judge
               of
               what
               is
               good
               or
               evil
               to
               the
               Common-wealth
               ,
               belongeth
               to
               the
               King
               only
               .
               Now
               tell
               me
               what
               it
               is
               which
               is
               said
               to
               be
               pardoned
               ?
            
          
           
             
               La.
               
            
             
               What
               can
               it
               be
               but
               only
               the
               offence
               ?
               If
               a
               Man
               hath
               done
               a
               Murder
               and
               be
               pardoned
               for
               the
               same
               ,
               is
               it
               not
               the
               Murder
               that
               is
               pardoned
               ?
            
          
           
             
             
               Ph.
               
            
             
               Nay
               ,
               by
               your
               favour
               ,
               if
               a
               Man
               be
               pardoned
               for
               Murder
               or
               any
               other
               offence
               ,
               it
               is
               the
               Man
               that
               is
               pardoned
               ,
               the
               Murder
               still
               remains
               Murder
               .
               But
               what
               is
               pardon
               ?
            
          
           
             
               La.
               
            
             
               Pardon
               (
               as
               Sir
               
                 Edw.
                 Coke
              
               says
               ,
               3
               Inst.
               p.
               233
               )
               is
               deriv'd
               of
               per
               and
               dono
               ,
               and
               signifies
               throughly
               to
               remit
               .
            
          
           
             
               Ph.
               
            
             
               If
               the
               King
               remit
               the
               Murder
               and
               not
               pardon
               the
               Man
               that
               did
               it
               ,
               what
               does
               the
               remission
               serve
               for
               ?
            
          
           
             
               La.
               
            
             
               You
               know
               well
               enough
               that
               when
               we
               say
               a
               Murder
               ,
               or
               any
               thing
               else
               is
               pardoned
               ,
               all
               English-men
               understand
               thereby
               ,
               that
               the
               punishment
               due
               to
               the
               offence
               is
               the
               thing
               remitted
               .
            
          
           
             
               Ph.
               
            
             
               But
               for
               our
               understanding
               of
               one
               another
               ,
               you
               ought
               to
               have
               said
               so
               at
               first
               .
               I
               understand
               now
               ,
               that
               to
               pardon
               Murder
               or
               Felony
               is
               throughly
               to
               save
               the
               offender
               from
               all
               the
               punishment
               due
               unto
               him
               by
               the
               Law
               for
               his
               offence
               .
            
          
           
             
               La.
               
            
             
               Not
               so
               ;
               for
               Sir
               
                 Edw.
                 Coke
              
               in
               the
               same
               Chapter
               ,
               p.
               238.
               saith
               thus
               :
               A
               Man
               commits
               Felony
               ,
               and
               is
               attainted
               thereof
               ,
               or
               is
               abjur'd
               ;
               the
               King
               pardoneth
               the
               Felony
               without
               any
               mention
               of
               the
               attainder
               or
               abjuration
               ,
               the
               pardon
               is
               void
               .
            
          
           
             
               Ph.
               
            
             
               What
               is
               it
               to
               be
               attainted
               ?
            
          
           
             
               La.
               
            
             
               To
               be
               attainted
               is
               ,
               that
               his
               Blood
               be
               held
               in
               Law
               as
               stained
               and
               corrupted
               ;
               so
               
               that
               no
               inheritance
               can
               descend
               from
               him
               to
               his
               Children
               ,
               or
               to
               any
               that
               make
               claim
               by
               him
               .
            
          
           
             
               Ph.
               
            
             
               Is
               this
               attaint
               a
               part
               of
               the
               Crime
               ,
               or
               of
               the
               Punishment
               ?
            
          
           
             
               La.
               
            
             
               It
               cannot
               be
               a
               part
               of
               the
               Crime
               ,
               because
               it
               is
               none
               of
               his
               own
               Act
               ;
               't
               is
               therefore
               a
               part
               of
               the
               Punishment
               ,
               viz.
               a
               disherison
               of
               the
               offender
               .
            
          
           
             
               Ph.
               
            
             
               If
               it
               be
               a
               part
               of
               the
               Punishment
               due
               ,
               and
               yet
               not
               pardoned
               together
               with
               the
               rest
               ;
               then
               a
               pardon
               is
               not
               a
               through
               remitting
               of
               the
               Punishment
               as
               Sir
               
                 Edw.
                 Coke
              
               says
               it
               is
               .
               And
               what
               is
               Abjuration
               ?
            
          
           
             
               La.
               
            
             
               When
               a
               Clerk
               heretofore
               was
               convicted
               of
               Felony
               ,
               he
               might
               have
               saved
               his
               life
               by
               abjuring
               the
               Realm
               ;
               that
               is
               ,
               by
               departing
               the
               Realm
               within
               a
               certain
               time
               appointed
               ,
               and
               taking
               an
               Oath
               never
               to
               return
               .
               But
               at
               this
               day
               all
               Statutes
               for
               Abjuration
               are
               repeal'd
               .
            
          
           
             
               Ph.
               
            
             
               That
               also
               is
               a
               Punishment
               ,
               and
               by
               a
               pardon
               of
               the
               Felony
               pardoned
               ,
               unless
               a
               Statute
               be
               in
               force
               to
               the
               contrary
               .
               There
               is
               also
               somewhat
               in
               the
               Statute
               of
               13
               
                 Rich.
                 2.
                 c.
              
               1.
               concerning
               the
               allowance
               of
               Charters
               of
               pardons
               ,
               which
               I
               understand
               not
               well
               .
               The
               words
               are
               these
               ;
               No
               Charter
               of
               pardon
               for
               henceforth
               shall
               be
               allowed
               before
               our
               Justices
               for
               Murder
               ,
               or
               for
               the
               death
               of
               a
               Man
               by
               awayt
               ,
               or
               malice
               prepens'd
               ,
               
               Treason
               ,
               or
               Rape
               of
               a
               Woman
               ,
               unless
               the
               same
               be
               specified
               in
               the
               same
               Charter
               ,
               for
               I
               think
               it
               follows
               thence
               ,
               that
               if
               the
               King
               say
               in
               his
               Charter
               ,
               that
               he
               pardoneth
               the
               Murder
               ,
               then
               he
               breaketh
               not
               the
               Statute
               ,
               because
               he
               specifies
               the
               offence
               ;
               or
               if
               he
               saith
               ,
               he
               pardoneth
               the
               killing
               by
               awayt
               ,
               or
               of
               malice
               prepensed
               ,
               he
               breaketh
               not
               the
               Statute
               ,
               he
               specifies
               the
               offence
               .
               Also
               if
               he
               say
               so
               much
               as
               that
               the
               Judge
               cannot
               doubt
               of
               the
               Kings
               meaning
               to
               pardon
               him
               ,
               I
               think
               the
               Judge
               ought
               to
               allow
               it
               ,
               because
               the
               Statute
               saveth
               the
               Kings
               liberty
               and
               regality
               in
               that
               point
               ;
               that
               is
               to
               say
               ,
               the
               power
               to
               pardon
               him
               ,
               such
               as
               are
               these
               words
               ,
               notwithstanding
               any
               Statute
               to
               the
               contrary
               ,
               are
               sufficient
               to
               cause
               the
               Charter
               to
               be
               allowed
               :
               For
               these
               words
               make
               it
               manifest
               ,
               that
               the
               Charter
               was
               not
               granted
               upon
               surprise
               ,
               but
               to
               maintain
               and
               claim
               the
               Kings
               liberty
               and
               power
               to
               shew
               mercy
               ,
               when
               he
               seeth
               cause
               .
               The
               like
               meaning
               have
               these
               words
               
                 Perdonavimus
                 omnimodam
                 interfectionem
              
               ;
               that
               is
               to
               say
               ,
               we
               have
               pardoned
               the
               killing
               in
               what
               manner
               soever
               it
               was
               done
               .
               But
               here
               we
               must
               remember
               that
               the
               King
               cannot
               pardon
               ,
               without
               sin
               ,
               any
               dammage
               thereby
               done
               to
               another
               Man
               ,
               unless
               he
               causes
               satisfaction
               to
               be
               made
               ,
               as
               far
               as
               possibly
               the
               offender
               can
               ,
               but
               is
               not
               bound
               to
               satisfie
               Mens
               thirst
               of
               revenge
               ;
               for
               all
               revenge
               
               ought
               to
               proceed
               from
               God
               ,
               and
               under
               God
               from
               the
               King.
               Now
               (
               besides
               in
               Charters
               )
               how
               are
               these
               offences
               specified
               ?
            
          
           
             
               La.
               
            
             
               They
               are
               specified
               by
               their
               names
               ,
               as
               Treason
               ,
               Petit
               Treason
               ,
               Murder
               ,
               Rape
               ,
               Felony
               ,
               and
               the
               like
               .
            
          
           
             
               Ph.
               
            
             
               Petit
               Treason
               is
               Felony
               ,
               Murder
               is
               Felony
               ,
               so
               is
               Rape
               ,
               Robbery
               and
               Theft
               ,
               and
               (
               as
               Sir
               
                 Edw.
                 Coke
              
               says
               )
               Petit
               Larceny
               is
               Felony
               ;
               now
               if
               in
               a
               Parliament-pardon
               ,
               or
               in
               a
               Coronation-pardon
               all
               Felonies
               be
               pardoned
               ;
               whether
               is
               Petit
               Larceny
               pardoned
               ,
               or
               not
               ?
            
          
           
             
               La.
               
            
             
               Yes
               certainly
               it
               is
               pardoned
               .
            
          
           
             
               Ph.
               
            
             
               And
               yet
               you
               see
               it
               is
               not
               specified
               ,
               and
               yet
               it
               is
               a
               Crime
               that
               hath
               less
               in
               it
               of
               the
               nature
               of
               Felony
               ,
               than
               there
               is
               in
               Robbery
               .
               Do
               not
               therefore
               Rape
               ,
               Robbery
               ,
               Theft
               ,
               pass
               under
               the
               pardon
               of
               all
               Felonies
               ?
            
          
           
             
               La.
               
            
             
               I
               think
               they
               are
               all
               pardoned
               by
               the
               words
               of
               the
               Statute
               ,
               but
               those
               that
               are
               by
               the
               same
               Statute
               excepted
               ;
               so
               that
               specification
               is
               needful
               only
               in
               Charters
               of
               pardon
               ,
               but
               in
               general
               pardons
               not
               so
               .
               For
               the
               Statute
               13
               
                 Rich.
                 2.
                 cap.
              
               1.
               forbids
               not
               the
               allowance
               of
               Parliament-pardons
               ,
               or
               Coronation-pardons
               ,
               and
               therefore
               the
               offences
               pardoned
               need
               not
               be
               specified
               ,
               but
               may
               pass
               under
               the
               general
               word
               of
               all
               Felonies
               .
               Nor
               is
               it
               likely
               that
               the
               members
               of
               the
               Parliament
               
               who
               drew
               up
               their
               own
               pardons
               ,
               did
               not
               mean
               to
               make
               them
               as
               comprehensive
               as
               they
               could
               :
               And
               yet
               Sir
               
                 Edw.
                 Coke
                 ,
                 2
                 Inst.
                 Sect.
              
               745.
               at
               the
               word
               Felony
               ,
               seemeth
               to
               be
               of
               another
               mind
               ;
               for
               Piracy
               is
               one
               species
               of
               Felony
               ,
               and
               yet
               when
               certain
               English-men
               had
               committed
               Piracy
               in
               the
               last
               year
               of
               Queen
               Elizabeth
               ,
               and
               came
               home
               into
               England
               ,
               in
               the
               beginning
               of
               the
               Reign
               of
               King
               James
               ,
               trusting
               to
               his
               Coronation-pardon
               of
               all
               Felonies
               ;
               they
               were
               indicted
               (
               Sir
               
                 Edw.
                 Coke
              
               was
               then
               Attorney
               General
               )
               of
               the
               Piracy
               before
               Commissioners
               according
               to
               the
               Statute
               of
               28
               H.
               8.
               and
               being
               found
               Guilty
               were
               hang'd
               .
               The
               reason
               he
               alledgeth
               for
               it
               is
               ,
               that
               it
               ought
               to
               have
               been
               specified
               by
               the
               name
               of
               Piracy
               in
               the
               pardon
               ,
               and
               therefore
               the
               pardon
               was
               not
               to
               be
               allowed
               .
            
          
           
             
               Ph.
               
            
             
               Why
               ought
               it
               to
               have
               been
               specified
               more
               than
               any
               other
               Felony
               ?
               He
               should
               therefore
               have
               drawn
               his
               argument
               from
               the
               Law
               of
               reason
               .
            
          
           
             
               La.
               
            
             
               Also
               he
               does
               that
               ;
               for
               the
               Tryal
               (
               he
               says
               )
               was
               by
               the
               Common-Law
               ,
               and
               before
               Commissioners
               not
               in
               the
               Court
               of
               the
               Lord
               Admiral
               ,
               by
               the
               Civil-Law
               ,
               therefore
               he
               says
               it
               was
               an
               offence
               whereof
               the
               Common-Law
               could
               not
               take
               notice
               because
               it
               could
               not
               be
               Tryed
               by
               twelve
               Men.
               
            
          
           
             
             
               Ph.
               
            
             
               If
               the
               Common-Law
               could
               not
               ,
               or
               ought
               not
               to
               take
               notice
               of
               such
               offences
               ,
               how
               could
               the
               offenders
               be
               Tryed
               by
               twelve
               Men
               ,
               and
               found
               Guilty
               ,
               and
               hang'd
               ,
               as
               they
               were
               ?
               If
               the
               Common-Law
               take
               no
               notice
               of
               Piracy
               ,
               what
               other
               offence
               was
               it
               for
               which
               they
               were
               hang'd
               ?
               Is
               Piracy
               two
               Felonies
               ,
               for
               one
               of
               which
               a
               Man
               shall
               be
               hang'd
               by
               the
               Civil-Law
               ,
               and
               for
               the
               other
               by
               the
               Common-Law
               ?
               Truly
               I
               never
               read
               weaker
               reasoning
               in
               any
               Author
               of
               the
               Law
               of
               England
               ,
               than
               in
               Sir
               Edw.
               Coke's
               Institutes
               ,
               how
               well
               soever
               he
               could
               plead
               .
            
          
           
             
               La.
               
            
             
               Though
               I
               have
               heard
               him
               much
               reprehended
               by
               others
               ,
               as
               well
               as
               by
               you
               ;
               yet
               there
               be
               many
               excellent
               things
               ,
               both
               for
               subtility
               ,
               and
               for
               truth
               in
               these
               his
               Institutes
               .
            
          
           
             
               Ph.
               
            
             
               No
               better
               things
               than
               other
               Lawyers
               have
               that
               write
               of
               the
               Law
               ,
               as
               of
               a
               Science
               :
               His
               citing
               of
               Aristotle
               ,
               and
               of
               Homer
               ,
               and
               of
               other
               Books
               which
               are
               commonly
               read
               to
               Gown-men
               ,
               do
               ,
               in
               my
               opinion
               ,
               but
               weaken
               his
               Authority
               ,
               for
               any
               Man
               may
               do
               it
               by
               a
               Servant
               ;
               but
               seeing
               the
               whole
               scene
               of
               that
               time
               is
               gone
               and
               past
               ,
               let
               us
               proceed
               to
               somewhat
               else
               .
               Wherein
               doth
               an
               Act
               of
               Oblivion
               differ
               from
               a
               Parliament-pardon
               ?
            
          
           
             
               La.
               
            
             
               This
               word
               
                 Act
                 of
                 Oblivion
              
               was
               never
               in
               our
               Law-Books
               before
               the
               12
               Car.
               2.
               
               c.
               11.
               and
               I
               wish
               it
               may
               never
               come
               again
               ;
               but
               from
               whence
               it
               came
               you
               may
               better
               know
               perhaps
               than
               I.
               
            
          
           
             
               Ph.
               
            
             
               The
               first
               ,
               and
               only
               
                 Act
                 of
                 Oblivion
              
               that
               ever
               passed
               into
               a
               Law
               ,
               in
               any
               State
               that
               I
               have
               read
               of
               ,
               was
               that
               Amnestia
               ,
               or
               Oblivion
               of
               all
               Quarrels
               between
               any
               of
               the
               Citizens
               of
               Athens
               ,
               at
               any
               time
               before
               that
               Act
               ,
               without
               all
               exception
               of
               Crime
               ,
               or
               Person
               .
               The
               occasion
               whereof
               was
               this
               .
               The
               Lacedemonians
               having
               totally
               subdued
               the
               Athenians
               ,
               entred
               into
               the
               City
               of
               Athens
               ,
               and
               ordained
               that
               the
               People
               should
               choose
               thirty
               Men
               of
               their
               own
               City
               to
               have
               the
               Soveraign
               Power
               over
               them
               .
               These
               being
               chosen
               behav'd
               themselves
               so
               outragiously
               ,
               as
               caused
               a
               Sedition
               ,
               in
               which
               the
               Citizens
               on
               both
               sides
               were
               daily
               slain
               .
               There
               was
               then
               a
               discreet
               Person
               that
               propounded
               to
               each
               of
               the
               parties
               this
               proposition
               ,
               that
               every
               Man
               should
               return
               to
               his
               own
               ,
               and
               forget
               all
               that
               was
               past
               ;
               which
               proposition
               was
               made
               ,
               by
               consent
               on
               both
               sides
               ,
               into
               a
               publick
               Act
               ,
               which
               for
               that
               cause
               was
               called
               an
               Oblivion
               .
               Upon
               the
               like
               disorder
               hapning
               in
               Rome
               by
               the
               Murder
               of
               
                 Julius
                 Caesar
              
               ,
               the
               like
               Act
               was
               propounded
               by
               Cicero
               ,
               and
               indeed
               passed
               ,
               but
               was
               within
               few
               days
               after
               broken
               again
               by
               
                 Marcus
                 Antonius
              
               .
               In
               imitation
               of
               this
               Act
               was
               made
               the
               Act
               of
               12
               
                 Car.
                 2.
                 c.
              
               11.
               
            
          
           
             
             
               La.
               
            
             
               By
               this
               it
               seems
               ,
               that
               the
               Act
               of
               Oblivion
               made
               by
               King
               Charles
               ,
               was
               no
               other
               than
               a
               Parliament-pardon
               ,
               because
               it
               containeth
               a
               great
               number
               of
               exceptions
               ,
               as
               the
               other
               Parliament-pardons
               do
               ,
               and
               the
               Act
               of
               Athens
               did
               not
               .
            
          
           
             
               Ph.
               
            
             
               But
               yet
               there
               is
               a
               difference
               between
               the
               late
               Act
               of
               Oblivion
               made
               here
               ,
               and
               an
               ordinary
               Parliament-pardon
               :
               For
               concerning
               a
               fault
               pardoned
               in
               Parliament
               by
               a
               general
               word
               ,
               a
               suit
               in
               Law
               may
               arise
               about
               this
               ,
               whether
               the
               offender
               be
               signified
               by
               the
               word
               ,
               or
               not
               ,
               as
               whether
               the
               pardon
               of
               all
               Felonies
               ,
               be
               a
               pardon
               of
               Piracy
               ,
               or
               not
               :
               For
               you
               see
               by
               Sir
               Edw.
               Coke's
               reports
               ,
               that
               notwithstanding
               a
               pardon
               of
               Felony
               ,
               a
               Sea
               -
               Felony
               (
               when
               he
               was
               Attourney
               General
               )
               was
               not
               pardoned
               .
               But
               by
               the
               late
               Act
               of
               Oblivion
               ,
               which
               pardoned
               all
               manner
               of
               offences
               committed
               in
               the
               late
               Civil
               War
               ,
               no
               question
               could
               arise
               concerning
               Crimes
               excepted
               .
               First
               ,
               because
               no
               Man
               can
               by
               Law
               accuse
               another
               Man
               of
               a
               Fact
               ,
               which
               by
               Law
               is
               to
               be
               forgotten
               .
               Secondly
               ,
               because
               all
               Crimes
               may
               be
               alledged
               ,
               as
               proceeding
               from
               the
               Licentiousness
               of
               the
               time
               ,
               and
               from
               the
               silence
               of
               the
               Law
               occasion'd
               by
               the
               Civil
               War
               ,
               and
               consequently
               (
               unless
               the
               offenders
               Person
               also
               were
               excepted
               ,
               or
               unless
               the
               Crime
               were
               committed
               before
               the
               War
               began
               )
               are
               within
               the
               Pardon
               .
            
          
           
             
             
               La.
               
            
             
               Truly
               I
               think
               you
               say
               right
               :
               For
               if
               nothing
               had
               been
               pardoned
               ,
               but
               what
               was
               done
               by
               occasion
               of
               the
               War
               ,
               the
               raising
               of
               the
               War
               it self
               had
               not
               been
               pardoned
               .
            
          
           
             
               Ph.
               
            
             
               I
               have
               done
               with
               Crimes
               and
               Punishments
               ,
               let
               us
               come
               now
               to
               the
               Laws
               of
               Meum
               and
               Tuum
               .
            
          
           
             
               La.
               
            
             
               We
               must
               then
               examine
               the
               Statutes
               .
            
          
           
             
               Ph.
               
            
             
               We
               must
               so
               ,
               what
               they
               command
               and
               forbid
               ,
               but
               not
               dispute
               of
               their
               Justice
               :
               For
               the
               Law
               of
               Reason
               commands
               that
               every
               one
               observe
               the
               Law
               which
               he
               hath
               assented
               to
               ,
               and
               obey
               the
               Person
               to
               whom
               he
               hath
               promised
               obedience
               and
               fidelity
               .
               Then
               let
               us
               consider
               next
               the
               Commentaries
               of
               Sir
               
                 Edw.
                 Coke
              
               upon
               
                 Magna
                 Charta
              
               ,
               and
               other
               Statutes
               .
            
          
           
             
               Ph.
               
            
             
               For
               the
               understanding
               of
               
                 Magna
                 Charta
              
               ,
               it
               will
               be
               very
               necessary
               to
               run
               up
               into
               Antient
               times
               ,
               as
               far
               as
               History
               will
               give
               us
               leave
               ,
               and
               consider
               not
               only
               the
               Customs
               of
               our
               Ancestors
               the
               Saxons
               ,
               but
               also
               the
               Law
               of
               nature
               (
               the
               most
               Antient
               of
               all
               Laws
               )
               concerning
               the
               original
               of
               Government
               ,
               and
               acquisition
               of
               Property
               ,
               and
               concerning
               Courts
               of
               Judicature
               .
               And
               first
               ,
               it
               is
               evident
               ,
               that
               Dominion
               ,
               Government
               ,
               and
               Laws
               ,
               are
               far
               more
               Antient
               than
               History
               ,
               or
               any
               other
               writing
               ,
               and
               that
               the
               beginning
               of
               all
               Dominion
               amongst
               Men
               was
               in
               
               Families
               ;
               in
               which
               ,
               first
               ,
               the
               Father
               of
               the
               Family
               by
               the
               Law
               of
               nature
               was
               absolute
               Lord
               of
               his
               Wife
               and
               Children
               .
               Secondly
               ,
               made
               what
               Laws
               amongst
               them
               he
               pleased
               .
               Thirdly
               ,
               was
               Judge
               of
               all
               their
               Controversies
               .
               Fourthly
               ,
               was
               not
               obliged
               by
               any
               Law
               of
               Man
               to
               follow
               any
               Counsel
               ,
               but
               his
               own
               .
               Fifthly
               ,
               What
               Land
               soever
               the
               Lord
               sat
               down
               upon
               ,
               and
               made
               use
               of
               for
               his
               own
               ,
               and
               his
               Families
               benefit
               ,
               was
               his
               Propriety
               by
               the
               Law
               of
               First-Possession
               ,
               in
               case
               it
               was
               void
               of
               Inhabitants
               before
               ,
               or
               by
               the
               Law
               of
               War
               ,
               in
               case
               they
               conquer'd
               it
               .
               In
               this
               Conquest
               what
               Enemies
               they
               took
               and
               saved
               were
               their
               Servants
               :
               Also
               such
               Men
               as
               wanting
               Possessions
               of
               Lands
               ,
               but
               furnished
               with
               Arts
               necessary
               for
               Mans
               life
               ,
               came
               to
               dwell
               in
               the
               Family
               for
               Protection
               ,
               became
               their
               Subjects
               ,
               and
               submitted
               themselves
               to
               the
               Laws
               of
               the
               Family
               :
               And
               all
               this
               is
               consonant
               ,
               not
               only
               to
               the
               Law
               of
               nature
               ,
               but
               also
               to
               the
               practice
               of
               Mankind
               set
               forth
               in
               History
               Sacred
               ,
               and
               Praphane
               .
            
          
           
             
               La.
               
            
             
               Do
               you
               think
               it
               lawful
               for
               a
               Lord
               that
               is
               the
               Soveraign
               Ruler
               of
               his
               Family
               ,
               to
               make
               War
               upon
               another
               like
               Soveraign
               Lord
               ,
               and
               dispossess
               him
               of
               his
               Lands
               ?
            
          
           
             
               Ph.
               
            
             
               It
               is
               Lawful
               ,
               or
               not
               Lawful
               according
               to
               the
               intention
               of
               him
               that
               does
               it
               .
               For
               ,
               First
               ,
               being
               a
               Soveraign
               Ruler
               ,
               he
               is
               
               not
               subject
               to
               any
               Law
               of
               Man
               ;
               and
               as
               to
               the
               Law
               of
               God
               ,
               where
               the
               intention
               is
               justifiable
               ,
               the
               action
               is
               so
               also
               .
               The
               intention
               may
               be
               Lawful
               in
               divers
               Cases
               by
               the
               right
               of
               nature
               ;
               one
               of
               those
               Cases
               is
               ,
               when
               he
               is
               constrained
               to
               it
               by
               the
               necessity
               of
               subsisting
               .
               So
               the
               Children
               of
               Israel
               ,
               besides
               that
               their
               leaders
               ,
               Moses
               and
               Joshua
               had
               an
               immediate
               command
               from
               God
               to
               dispossess
               the
               Canaanites
               ,
               had
               also
               a
               just
               pretence
               to
               do
               what
               they
               did
               from
               the
               right
               of
               nature
               ,
               which
               they
               had
               to
               preserve
               their
               lives
               ,
               being
               unable
               otherwise
               to
               subsist
               .
               And
               as
               their
               preservation
               ,
               so
               also
               is
               their
               security
               a
               just
               pretence
               of
               invading
               those
               whom
               they
               have
               just
               cause
               to
               fear
               ,
               unless
               sufficient
               caution
               be
               given
               to
               take
               away
               their
               fear
               ,
               which
               Caution
               (
               for
               any
               thing
               I
               can
               yet
               conceive
               )
               is
               utterly
               impossible
               .
               Necessity
               ,
               and
               Security
               are
               the
               principal
               justifications
               ,
               before
               God
               ,
               of
               beginning
               War.
               Injuries
               receiv'd
               justifie
               a
               War
               defensive
               ;
               but
               for
               reparable
               injuries
               ,
               if
               Reparation
               be
               tendred
               ,
               all
               invasion
               upon
               that
               Title
               is
               Iniquity
               .
               If
               you
               need
               examples
               ,
               either
               from
               Scripture
               ,
               or
               other
               History
               concerning
               this
               right
               of
               nature
               in
               making
               War
               ,
               you
               are
               able
               enough
               from
               your
               own
               reading
               ,
               to
               find
               them
               out
               at
               your
               leisure
               .
            
          
           
             
               La.
               
            
             
               Whereas
               you
               say
               ,
               that
               the
               Lands
               so
               won
               by
               the
               Soveraign
               Lord
               of
               a
               Family
               ,
               are
               
               his
               in
               propriety
               ,
               you
               deny
               (
               methinks
               )
               all
               property
               to
               the
               Subjects
               ,
               how
               much
               soever
               any
               of
               them
               hath
               contributed
               to
               the
               Victory
               .
            
          
           
             
               Ph.
               
            
             
               I
               do
               so
               ,
               nor
               do
               I
               see
               any
               reason
               to
               the
               contrary
               :
               For
               the
               Subjects
               ,
               whether
               they
               come
               into
               the
               Family
               ,
               have
               no
               title
               at
               all
               to
               demand
               any
               part
               of
               the
               Land
               ,
               or
               any
               thing
               else
               but
               security
               ,
               to
               which
               also
               they
               are
               bound
               to
               contribute
               their
               whole
               strength
               ,
               and
               ,
               if
               need
               be
               ,
               their
               whole
               fortunes
               :
               For
               it
               cannot
               be
               supposed
               that
               any
               one
               Man
               can
               protect
               all
               the
               rest
               with
               his
               own
               single
               strength
               :
               And
               for
               the
               Practice
               ,
               it
               is
               manifest
               in
               all
               Conquests
               ,
               the
               Land
               of
               the
               vanquished
               is
               in
               the
               sole
               power
               of
               the
               Victor
               ,
               and
               at
               his
               disposal
               .
               Did
               not
               Joshua
               and
               the
               high-Priest
               divide
               the
               Land
               of
               Canaan
               in
               such
               sort
               among
               the
               Tribes
               of
               Israel
               ,
               as
               they
               pleased
               ?
               Did
               not
               the
               Roman
               and
               Graecian
               Princes
               and
               States
               according
               to
               their
               own
               discretion
               ,
               send
               out
               the
               Colonies
               to
               inhabit
               such
               Provinces
               as
               they
               had
               Conquered
               ?
               Is
               there
               at
               this
               day
               among
               the
               Turks
               any
               inheritor
               of
               Land
               ,
               besides
               the
               Sultan
               ?
               And
               was
               not
               all
               the
               Land
               in
               England
               once
               in
               the
               hands
               of
               William
               the
               Conqueror
               ?
               Sir
               
                 Edw.
                 Coke
              
               himself
               confesses
               it
               ;
               therefore
               it
               is
               an
               universal
               truth
               ,
               that
               all
               Conquer'd
               Lands
               ,
               presently
               after
               Victory
               ,
               are
               the
               Lands
               of
               him
               that
               Conquer'd
               them
               .
            
          
           
             
             
               La.
               
            
             
               But
               you
               know
               that
               all
               Soveraigns
               are
               said
               to
               have
               a
               double
               Capacity
               ;
               viz.
               a
               natural
               Capacity
               ,
               as
               he
               is
               a
               Man
               ,
               and
               a
               a
               politick
               Capacity
               ,
               as
               a
               King.
               In
               his
               politick
               Capacity
               I
               grant
               you
               ,
               that
               King
               William
               the
               Conqueror
               was
               the
               proper
               ,
               and
               only
               owner
               once
               of
               all
               the
               Land
               in
               England
               ,
               but
               not
               in
               his
               natural
               Capacity
               .
            
          
           
             
               Ph.
               
            
             
               If
               he
               had
               them
               in
               his
               politick
               Capacity
               ,
               then
               they
               were
               so
               his
               own
               as
               not
               to
               dispose
               of
               any
               part
               thereof
               ,
               but
               only
               to
               the
               benefit
               of
               his
               People
               ,
               and
               that
               must
               be
               either
               by
               his
               own
               ,
               or
               by
               the
               Peoples
               discretion
               ;
               that
               is
               ,
               by
               Act
               of
               Parliament
               .
               But
               where
               do
               you
               find
               that
               the
               Conqueror
               disposed
               of
               his
               Lands
               (
               as
               he
               did
               some
               to
               English-men
               ,
               some
               to
               French-men
               ,
               and
               some
               to
               Normans
               )
               to
               be
               holden
               by
               divers
               Tenures
               ,
               as
               Knight-service
               ,
               Soccage
               ,
               &c.
               by
               Act
               of
               Parliament
               ?
               Or
               that
               he
               ever
               called
               a
               Parliament
               to
               have
               the
               assent
               of
               the
               Lords
               and
               Commons
               of
               England
               in
               disposing
               of
               those
               Lands
               he
               had
               taken
               from
               them
               ?
               Or
               for
               retaining
               of
               such
               and
               such
               Lands
               in
               his
               own
               hands
               by
               the
               name
               of
               Forrests
               for
               his
               own
               Recreation
               ,
               or
               Magnificence
               ?
               You
               have
               heard
               perhaps
               that
               some
               Lawyers
               ,
               or
               other
               Men
               reputed
               wise
               and
               good
               Patriots
               have
               given
               out
               ,
               that
               all
               the
               Lands
               which
               the
               Kings
               of
               England
               have
               possessed
               ,
               have
               been
               given
               them
               by
               the
               People
               ,
               to
               the
               end
               that
               
               they
               should
               therewith
               defray
               the
               Charges
               of
               their
               Wars
               ,
               and
               pay
               the
               wages
               of
               their
               Ministers
               ,
               and
               that
               those
               Lands
               were
               gained
               by
               the
               Peoples
               Money
               ;
               for
               that
               was
               pretended
               in
               the
               late
               Civil
               War
               ,
               when
               they
               took
               from
               the
               King
               his
               Town
               of
               Kingston
               upon
               Hull
               ;
               but
               I
               know
               you
               do
               not
               think
               that
               the
               pretence
               was
               just
               .
               It
               cannot
               therefore
               be
               denyed
               but
               that
               Land
               which
               King
               William
               the
               Conqueror
               gave
               away
               to
               English-men
               and
               others
               ,
               and
               which
               they
               now
               hold
               by
               his
               Letters
               Patents
               ,
               and
               other
               conveyances
               ,
               were
               properly
               ,
               and
               really
               his
               own
               ,
               or
               else
               the
               Titles
               of
               them
               that
               now
               hold
               them
               must
               be
               invalid
               .
            
          
           
             
               La.
               
            
             
               I
               assent
               .
               As
               you
               have
               shewed
               me
               the
               beginning
               of
               Monarchies
               ,
               so
               let
               me
               hear
               your
               opinion
               concerning
               their
               growth
               .
            
          
           
             
               Ph.
               
            
             
               Great
               Monarchies
               have
               proceeded
               from
               small
               Families
               .
               First
               ,
               by
               War
               ,
               wherein
               the
               Victor
               not
               only
               enlarged
               his
               Territory
               ,
               but
               also
               the
               number
               and
               riches
               of
               his
               Subjects
               .
               As
               for
               other
               forms
               of
               Common-wealths
               ,
               they
               have
               been
               enlarged
               otherways
               .
               First
               ,
               by
               a
               voluntary
               conjunction
               of
               many
               Lords
               of
               Families
               into
               one
               great
               Aristocracie
               .
               Secondly
               ,
               by
               Rebellion
               proceeded
               first
               ,
               Anarchy
               ,
               and
               from
               Anarchy
               proceeded
               any
               form
               that
               the
               Calamities
               of
               them
               that
               lived
               therein
               did
               prompt
               them
               to
               ;
               whether
               it
               were
               that
               they
               chose
               an
               Hereditary
               King
               ,
               or
               
               an
               elective
               King
               for
               life
               ,
               or
               that
               they
               agreed
               upon
               a
               Council
               of
               certain
               Persons
               (
               which
               is
               Aristocracy
               )
               or
               a
               Council
               of
               the
               whole
               People
               to
               have
               the
               Soveraign
               Power
               ,
               which
               is
               Democracy
               .
            
             
               After
               the
               first
               manner
               which
               is
               by
               War
               ,
               grew
               up
               all
               the
               greatest
               Kingdoms
               in
               the
               World
               ,
               viz.
               the
               
                 Aegyptian
                 ,
                 Assyrian
                 ,
                 Persian
              
               and
               the
               
                 Macedonian
                 Monarchy
              
               ;
               and
               so
               did
               the
               great
               Kingdoms
               of
               
                 England
                 ,
                 France
              
               ,
               and
               Spain
               .
            
             
               The
               second
               manner
               was
               the
               original
               of
               the
               
                 Venetian
                 Aristocracy
              
               ,
               by
               the
               third
               way
               which
               is
               Rebellion
               ,
               grew
               up
               in
               divers
               great
               Monarchies
               ,
               perpetually
               changing
               from
               one
               form
               to
               another
               ;
               as
               in
               Rome
               rebellion
               against
               Kings
               produced
               Democracy
               ,
               upon
               which
               the
               Senate
               usurped
               under
               Sylla
               ,
               and
               the
               People
               again
               upon
               the
               Senate
               under
               Marius
               ,
               and
               the
               Emperor
               usurped
               upon
               the
               People
               under
               Caesar
               and
               his
               Successors
               .
            
          
           
             
               La.
               
            
             
               Do
               you
               think
               the
               distinction
               between
               natural
               and
               politick
               Capacity
               is
               insignificant
               ?
            
          
           
             
               Ph.
               
            
             
               No
               ;
               If
               the
               Soveraign
               power
               be
               in
               an
               assembly
               of
               Men
               ,
               that
               Assembly
               ,
               whether
               it
               be
               Aristocratical
               ,
               or
               Democratical
               ,
               may
               possess
               Lands
               ,
               but
               it
               is
               in
               their
               politick
               Capacity
               ,
               because
               no
               natural
               Man
               has
               any
               right
               to
               those
               Lands
               ,
               or
               any
               part
               of
               them
               ,
               in
               the
               same
               manner
               they
               can
               command
               an
               
               Act
               by
               plurality
               of
               Commands
               ,
               but
               the
               Command
               of
               any
               one
               of
               them
               is
               of
               no
               effect
               .
               But
               when
               the
               Soveraign
               power
               is
               in
               one
               Man
               ,
               the
               Natural
               and
               Politick
               Capacity
               are
               in
               the
               same
               Person
               ,
               and
               as
               to
               possession
               of
               Lands
               undistinguishable
               :
               But
               as
               to
               the
               Acts
               and
               Commands
               ,
               they
               may
               be
               well
               distinguished
               in
               this
               manner
               .
               Whatsoever
               a
               Monarch
               does
               Command
               ,
               or
               do
               by
               consent
               of
               the
               People
               of
               his
               Kingdom
               ,
               may
               properly
               be
               said
               to
               be
               done
               in
               his
               politick
               Capacity
               ;
               and
               whatsoever
               he
               Commands
               by
               word
               of
               Mouth
               only
               ,
               or
               by
               Letters
               Signed
               with
               his
               hand
               ,
               or
               Sealed
               with
               any
               of
               his
               private
               Seals
               is
               done
               in
               his
               natural
               Capacity
               :
               Nevertheless
               ,
               his
               publick
               Commands
               ,
               though
               they
               be
               made
               in
               his
               politick
               Capacity
               ,
               have
               their
               original
               from
               his
               natural
               Capacity
               .
               For
               in
               the
               making
               of
               Laws
               (
               which
               necessarily
               requires
               his
               assent
               )
               his
               assent
               is
               natural
               :
               Also
               those
               Acts
               which
               are
               done
               by
               the
               King
               previously
               to
               the
               passing
               of
               them
               under
               the
               Great
               Seal
               of
               England
               ,
               either
               by
               word
               of
               Mouth
               ,
               or
               warrant
               under
               his
               Signet
               ,
               or
               privy
               Seal
               ,
               are
               done
               in
               his
               natural
               Capacity
               ;
               but
               when
               they
               have
               past
               the
               Seal
               of
               England
               ,
               they
               are
               to
               be
               taken
               as
               done
               in
               his
               politick
               Capacity
               .
            
          
           
             
               La.
               
            
             
               I
               think
               verily
               your
               distinction
               is
               good
               :
               For
               natural
               Capacity
               ,
               and
               politick
               Capacity
               signifie
               no
               more
               than
               private
               and
               
               publick
               right
               .
               Therefore
               leaving
               this
               argument
               let
               us
               consider
               in
               the
               next
               place
               ,
               as
               far
               as
               History
               will
               permit
               ,
               what
               were
               the
               Laws
               and
               Customs
               of
               our
               Ancestors
               .
            
          
           
             
               Ph.
               
            
             
               The
               Saxons
               ,
               as
               also
               all
               the
               rest
               of
               Germany
               not
               Conquer'd
               by
               the
               Roman
               Emperors
               ,
               nor
               compelled
               to
               use
               the
               imperial
               Laws
               ,
               were
               a
               Savage
               and
               Heathen
               People
               ,
               living
               only
               by
               War
               and
               Rapine
               ;
               and
               as
               some
               learned
               Men
               in
               the
               Roman
               Antiquities
               affirm
               ,
               had
               their
               name
               of
               Germans
               from
               that
               their
               ancient
               trade
               of
               life
               ,
               as
               if
               Germans
               and
               
                 Hommes
                 de
                 guerre
              
               were
               all
               one
               .
               Their
               rule
               over
               their
               Family
               ,
               Servants
               and
               Subjects
               was
               absolute
               ,
               their
               Laws
               no
               other
               than
               natural
               Equity
               ;
               written
               Law
               they
               had
               little
               ,
               or
               none
               ,
               and
               very
               few
               there
               were
               in
               the
               time
               of
               the
               Caesars
               that
               could
               write
               ,
               or
               read
               .
               The
               right
               to
               the
               Government
               was
               either
               Paternal
               ,
               or
               by
               Conquest
               ,
               or
               by
               Marriages
               .
               Their
               succession
               to
               Lands
               was
               determined
               by
               the
               pleasure
               of
               the
               Master
               of
               the
               Family
               ,
               by
               Gift
               ,
               or
               Deed
               in
               his
               life
               time
               ;
               and
               what
               Land
               they
               disposed
               not
               of
               in
               their
               life
               time
               ,
               descended
               after
               their
               death
               to
               their
               Heirs
               .
               The
               Heir
               was
               the
               Eldest
               Son
               ;
               The
               issue
               of
               the
               Eldest
               Son
               failing
               ,
               they
               descended
               to
               the
               younger
               Sons
               in
               their
               order
               ,
               and
               for
               want
               of
               Sons
               ,
               to
               the
               Daughters
               joyntly
               ,
               as
               to
               one
               Heir
               ,
               or
               to
               be
               divided
               amongst
               them
               ,
               and
               so
               to
               descend
               to
               their
               Heirs
               in
               the
               same
               manner
               :
               
               And
               Children
               failing
               ,
               the
               Uncle
               by
               the
               Fathers
               ,
               or
               Mothers
               side
               (
               according
               as
               the
               Lands
               had
               been
               the
               Fathers
               or
               the
               Mothers
               )
               succeeded
               to
               the
               inheritance
               ,
               and
               so
               continually
               to
               the
               next
               of
               blood
               .
               And
               this
               was
               a
               natural
               descent
               ,
               because
               naturally
               the
               nearer
               in
               Blood
               ,
               the
               nearer
               in
               kindness
               ,
               and
               was
               held
               for
               the
               Law
               of
               nature
               ,
               not
               only
               amongst
               the
               Germans
               ,
               but
               also
               in
               most
               Nations
               before
               they
               had
               a
               written
               Law.
               
            
             
               The
               right
               of
               Government
               ,
               which
               is
               called
               
                 Jus
                 Regni
              
               descended
               in
               the
               same
               manner
               ,
               except
               only
               that
               after
               the
               Sons
               ,
               it
               came
               to
               the
               eldest
               Daughter
               first
               ,
               and
               her
               Heirs
               ;
               the
               reason
               whereof
               was
               ,
               that
               Government
               is
               indivisible
               .
               And
               this
               Law
               continues
               still
               in
               England
               .
            
          
           
             
               La.
               
            
             
               Seeing
               all
               the
               Land
               which
               any
               Soveraign
               Lord
               possessed
               ,
               was
               his
               own
               in
               propriety
               ;
               how
               came
               a
               Subject
               to
               have
               a
               propriety
               in
               their
               Lands
               ?
            
          
           
             
               Ph.
               
            
             
               There
               be
               two
               sorts
               of
               Propriety
               .
               One
               is
               ,
               when
               a
               Man
               holds
               his
               Land
               from
               the
               gift
               of
               God
               only
               ,
               which
               Lands
               Civilians
               call
               Allodial
               which
               in
               a
               Kingdom
               no
               Man
               can
               have
               but
               the
               King.
               The
               other
               is
               when
               a
               Man
               holds
               his
               Land
               from
               another
               Man
               as
               given
               him
               ,
               in
               respect
               of
               service
               and
               obedience
               to
               that
               Man
               ,
               as
               a
               Fee.
               The
               first
               kind
               of
               propriety
               is
               absolute
               ,
               the
               other
               is
               in
               a
               manner
               conditional
               ,
               because
               given
               for
               some
               
               service
               to
               be
               done
               unto
               the
               giver
               .
               The
               first
               kind
               of
               propriety
               excludes
               the
               right
               of
               all
               others
               ;
               the
               second
               excludes
               the
               right
               of
               all
               other
               Subjects
               to
               the
               same
               Land
               ,
               but
               not
               the
               right
               of
               the
               Soveraign
               ,
               when
               the
               common
               good
               of
               the
               People
               shall
               require
               the
               use
               thereof
               .
            
          
           
             
               La.
               
            
             
               When
               those
               Kings
               had
               thus
               parted
               with
               their
               Lands
               ,
               what
               was
               left
               them
               for
               the
               maintenance
               of
               their
               Wars
               ,
               either
               offensive
               ,
               or
               defensive
               ;
               or
               for
               the
               maintenance
               of
               the
               Royal
               Family
               in
               such
               manner
               as
               not
               only
               becomes
               the
               dignity
               of
               a
               Soveraign
               King
               ,
               but
               is
               also
               necessary
               to
               keep
               his
               Person
               and
               People
               from
               contempt
               .
            
          
           
             
               Ph.
               
            
             
               They
               have
               means
               enough
               ;
               and
               besides
               what
               they
               gave
               their
               Subjects
               ,
               had
               much
               Land
               remaining
               in
               their
               own
               hands
               afforrested
               for
               their
               recreation
               :
               For
               you
               know
               very
               well
               that
               a
               great
               part
               of
               the
               Land
               of
               England
               was
               given
               for
               Military
               service
               to
               the
               great
               Men
               of
               the
               Realm
               ,
               who
               were
               for
               the
               most
               part
               of
               the
               Kings
               kindred
               ,
               or
               great
               Favourites
               ,
               much
               more
               Land
               than
               they
               had
               need
               of
               for
               their
               own
               Maintenance
               ;
               but
               so
               charged
               with
               one
               ,
               or
               many
               Souldiers
               ,
               according
               to
               the
               quantity
               of
               Land
               given
               ,
               as
               there
               could
               be
               no
               want
               of
               Souldiers
               ,
               at
               all
               times
               ,
               ready
               to
               resist
               an
               invading
               Enemy
               :
               Which
               Souldiers
               those
               Lords
               were
               bound
               to
               furnish
               ,
               for
               a
               time
               certain
               ,
               at
               their
               own
               
               Charges
               .
               You
               know
               also
               ,
               that
               the
               whole
               Land
               was
               divided
               into
               Hundreds
               ,
               and
               those
               again
               into
               Decennaries
               ;
               in
               which
               Decennaries
               all
               Men
               even
               to
               Children
               of
               12
               years
               of
               age
               ,
               were
               bound
               to
               take
               the
               Oath
               of
               Allegiance
               :
               And
               you
               are
               to
               believe
               ,
               that
               those
               Men
               that
               hold
               their
               Land
               by
               the
               service
               of
               Husbandry
               ,
               were
               all
               bound
               with
               their
               Bodies
               ,
               and
               Fortunes
               to
               defend
               the
               Kingdom
               against
               invaders
               by
               the
               Law
               of
               nature
               :
               And
               so
               also
               such
               as
               they
               called
               Villains
               ,
               and
               held
               their
               Land
               by
               baser
               drudgery
               ,
               were
               obliged
               to
               defend
               the
               Kingdom
               to
               the
               utmost
               of
               their
               power
               .
               Nay
               ,
               Women
               ,
               and
               Children
               in
               such
               a
               necessity
               are
               bound
               to
               do
               such
               service
               as
               they
               can
               ,
               that
               is
               to
               say
               ,
               to
               bring
               Weapons
               and
               Victuals
               to
               them
               that
               fight
               ,
               and
               to
               Dig
               :
               But
               those
               that
               hold
               their
               Land
               by
               service
               Military
               ,
               have
               lying
               upon
               them
               a
               greater
               obligation
               :
               For
               read
               and
               observe
               the
               form
               of
               doing
               homage
               ,
               according
               as
               it
               is
               set
               down
               in
               the
               Statute
               of
               17
               Edw.
               2.
               which
               you
               doubt
               not
               ,
               was
               in
               use
               before
               that
               time
               ,
               and
               before
               the
               Conquest
               .
            
          
           
             
               La.
               
            
             
               I
               become
               your
               Man
               for
               Life
               ,
               for
               Member
               and
               for
               worldly
               Honour
               ,
               and
               shall
               owe
               you
               my
               faith
               for
               the
               Lands
               that
               I
               hold
               of
               you
               .
            
          
           
             
               Ph.
               
            
             
               I
               pray
               you
               expound
               it
               .
            
          
           
             
               La.
               
            
             
               I
               think
               it
               is
               as
               much
               ,
               as
               if
               you
               should
               say
               ,
               I
               promise
               you
               to
               be
               at
               your
               Command
               ;
               
               to
               perform
               with
               the
               hazard
               of
               my
               Life
               ,
               Limbs
               and
               all
               my
               Fortune
               ,
               as
               I
               have
               charged
               my self
               to
               the
               reception
               of
               the
               Lands
               you
               have
               given
               me
               ,
               and
               to
               be
               ever
               faithful
               to
               you
               .
               This
               is
               the
               form
               of
               Homage
               done
               to
               the
               King
               immediately
               ;
               but
               when
               one
               Subject
               holdeth
               Land
               of
               another
               by
               the
               like
               Military
               service
               ,
               then
               there
               is
               an
               exception
               added
               ;
               viz.
               saving
               the
               faith
               I
               owe
               to
               the
               King.
               
            
          
           
             
               Ph.
               
            
             
               Did
               he
               not
               also
               take
               an
               Oath
               ?
            
          
           
             
               La.
               
            
             
               Yes
               ;
               which
               is
               called
               the
               Oath
               of
               Fealty
               ;
               I
               shall
               be
               to
               you
               both
               faithful
               ,
               and
               lawfully
               shall
               do
               such
               customs
               and
               services
               ,
               as
               my
               duty
               is
               to
               you
               at
               the
               terms
               assigned
               ;
               so
               help
               me
               God
               ,
               and
               all
               his
               Saints
               .
               But
               both
               these
               services
               ,
               and
               the
               services
               of
               Husbandry
               were
               quickly
               after
               turned
               into
               Rents
               ,
               payable
               either
               in
               Money
               ,
               as
               in
               England
               ;
               or
               in
               Corn
               ,
               or
               other
               Victuals
               ,
               as
               in
               Scotland
               and
               France
               .
               When
               the
               service
               was
               Military
               ,
               the
               Tenant
               was
               for
               the
               most
               part
               bound
               to
               serve
               the
               King
               in
               his
               Wars
               with
               one
               ,
               or
               more
               Persons
               ,
               according
               to
               the
               yearly
               value
               of
               the
               Land
               he
               held
               .
            
          
           
             
               Ph.
               
            
             
               Were
               they
               bound
               to
               find
               Horse-men
               ,
               or
               Foot-men
               ?
            
          
           
             
               La.
               
            
             
               I
               do
               not
               find
               any
               Law
               that
               requires
               any
               Man
               ,
               in
               respect
               of
               his
               Tenancie
               ,
               to
               serve
               on
               Horseback
               .
            
          
           
             
               Ph.
               
            
             
               Was
               the
               Tenant
               bound
               ,
               in
               case
               he
               were
               called
               ,
               to
               serve
               in
               Person
               ?
            
          
           
             
             
               La.
               
            
             
               I
               think
               he
               was
               so
               in
               the
               beginning
               :
               For
               when
               Lands
               were
               given
               for
               service
               Military
               ,
               and
               the
               Tenant
               dying
               left
               his
               Son
               and
               Heir
               ,
               the
               Lord
               had
               the
               custody
               both
               of
               Body
               and
               Lands
               till
               the
               Heir
               was
               twenty
               one
               years
               old
               ;
               and
               the
               reason
               thereof
               was
               ,
               that
               the
               Heir
               till
               that
               Age
               of
               twenty
               one
               years
               ,
               was
               presum'd
               to
               be
               unable
               to
               serve
               the
               King
               in
               his
               Wars
               ,
               which
               reason
               had
               been
               insufficient
               ,
               if
               the
               Heir
               had
               been
               bound
               to
               go
               to
               the
               Wars
               in
               Person
               .
               Which
               (
               methinks
               )
               should
               ever
               hold
               for
               Law
               ,
               unless
               by
               some
               other
               Law
               it
               come
               to
               be
               altered
               .
               These
               services
               together
               with
               other
               Rights
               ,
               as
               Wardships
               first
               ,
               possession
               of
               his
               Tenants
               inheritance
               ,
               Licenses
               for
               Alienation
               ,
               Felons
               Goods
               ,
               Felons
               Lands
               ,
               if
               they
               were
               holden
               of
               the
               King
               ,
               and
               the
               first
               years
               profit
               of
               the
               Lands
               ,
               of
               whomsoever
               they
               were
               holden
               ,
               Forfeitures
               ,
               Amercements
               ,
               and
               many
               other
               aids
               could
               not
               but
               amount
               to
               a
               very
               great
               yearly
               Revenue
               .
               Add
               to
               this
               all
               that
               which
               the
               King
               might
               reasonably
               have
               imposed
               upon
               Artificers
               and
               Tradesmen
               (
               for
               all
               Men
               ,
               whom
               the
               King
               protecteth
               ,
               ought
               to
               contribute
               towards
               their
               own
               protection
               )
               and
               consider
               then
               whether
               the
               Kings
               of
               those
               times
               had
               not
               means
               enough
               ,
               and
               to
               spare
               (
               if
               God
               were
               not
               their
               Enemy
               )
               to
               defend
               their
               People
               against
               Forreign
               Enemies
               ,
               and
               also
               to
               compell
               them
               to
               keep
               the
               Peace
               amongst
               themselves
               .
            
          
           
             
             
               Ph.
               
            
             
               And
               so
               had
               had
               the
               succeeding
               Kings
               if
               they
               had
               never
               given
               their
               rights
               away
               ,
               and
               their
               Subjects
               always
               kept
               their
               Oaths
               ,
               and
               promises
               .
               In
               what
               manner
               proceeded
               those
               Ancient
               Saxons
               ,
               and
               other
               Nations
               of
               Germany
               ,
               especially
               the
               Northern
               parts
               ,
               to
               the
               making
               of
               their
               Laws
               ?
            
          
           
             
               La.
               
            
             
               Sir
               
                 Edw.
                 Coke
              
               out
               of
               divers
               Saxon
               Laws
               ,
               gathered
               and
               published
               in
               Saxon
               and
               Latine
               by
               Mr.
               Lambert
               ,
               inferreth
               ,
               that
               the
               Saxon
               Kings
               ,
               for
               the
               making
               of
               their
               Laws
               ,
               called
               together
               the
               Lords
               and
               Commons
               ,
               in
               such
               manner
               as
               is
               used
               at
               this
               day
               in
               England
               .
               But
               by
               those
               Laws
               of
               the
               Saxons
               published
               by
               Mr.
               Lambert
               ,
               it
               appeareth
               ,
               that
               the
               Kings
               called
               together
               the
               Bishops
               ,
               and
               a
               great
               part
               of
               the
               wisest
               and
               discreetest
               Men
               of
               the
               Realm
               ,
               and
               made
               Laws
               by
               their
               advice
               .
            
          
           
             
               Ph.
               
            
             
               I
               think
               so
               ;
               for
               there
               is
               no
               King
               in
               the
               World
               ,
               being
               of
               ripe
               years
               and
               sound
               mind
               ,
               that
               made
               any
               Law
               otherwise
               ;
               for
               it
               concerns
               them
               in
               their
               own
               interest
               to
               make
               such
               Laws
               as
               the
               people
               can
               endure
               ,
               and
               may
               keep
               them
               without
               impatience
               ,
               and
               live
               in
               strength
               and
               courage
               to
               defend
               their
               King
               and
               Countrey
               ,
               against
               their
               potent
               neighbours
               .
               But
               how
               was
               it
               discerned
               ,
               and
               by
               whom
               was
               it
               determined
               ,
               who
               were
               those
               wisest
               and
               discreetest
               Men
               ?
               It
               is
               a
               hard
               matter
               to
               know
               who
               is
               wisest
               in
               our
               times
               .
               We
               know
               well
               enough
               who
               chooseth
               
               a
               Knight
               of
               the
               Shire
               ,
               and
               what
               Towns
               are
               to
               send
               Burgesses
               to
               the
               Parliament
               ,
               therefore
               if
               it
               were
               determined
               also
               in
               those
               dayes
               ,
               who
               those
               wise
               Men
               should
               be
               ,
               then
               ,
               I
               confess
               ,
               that
               the
               Parliaments
               of
               the
               old
               Saxons
               ,
               and
               the
               Parliaments
               of
               England
               since
               are
               the
               same
               thing
               ,
               and
               Sir
               
                 Edw.
                 Coke
              
               is
               in
               the
               right
               .
               Tell
               me
               therefore
               ,
               if
               you
               can
               ,
               when
               those
               Towns
               which
               now
               send
               Burgesses
               to
               the
               Parliament
               ,
               began
               to
               do
               so
               ,
               and
               upon
               what
               cause
               one
               Town
               had
               this
               priviledge
               ,
               and
               another
               Town
               ,
               though
               much
               more
               populous
               ,
               had
               not
               .
            
          
           
             
               La.
               
            
             
               At
               what
               time
               began
               this
               custom
               I
               cannot
               tell
               ;
               but
               I
               am
               sure
               it
               is
               more
               ancient
               than
               the
               City
               of
               Salisbury
               ;
               because
               there
               come
               two
               Burgesses
               to
               Parliament
               for
               a
               place
               near
               to
               it
               ,
               called
               
                 Old
                 Sarum
              
               ,
               which
               (
               as
               I
               Rid
               in
               sight
               of
               it
               )
               if
               I
               should
               tell
               a
               stranger
               that
               knew
               not
               what
               the
               word
               Burgess
               meant
               ,
               he
               would
               think
               were
               a
               couple
               of
               Rabbets
               ,
               the
               place
               looketh
               so
               like
               a
               long
               Cony-Borough
               .
               And
               yet
               a
               good
               Argument
               may
               be
               drawn
               from
               thence
               ,
               that
               the
               Townsmen
               of
               every
               Town
               were
               the
               Electors
               of
               their
               own
               Burgesses
               ,
               and
               Judges
               of
               their
               discretion
               ;
               and
               that
               the
               Law
               ,
               whether
               they
               be
               discreet
               or
               not
               ,
               will
               suppose
               them
               to
               be
               discreet
               till
               the
               contrary
               be
               apparent
               .
               Therefore
               where
               it
               is
               said
               ,
               that
               the
               King
               called
               together
               the
               more
               discreet
               Men
               of
               his
               Realm
               ;
               
               it
               must
               be
               understood
               of
               such
               Elections
               as
               are
               now
               in
               use
               :
               By
               which
               it
               is
               manifest
               ,
               that
               those
               great
               and
               general
               Moots
               assembled
               by
               the
               old
               Saxon
               Kings
               ,
               were
               of
               the
               same
               nature
               with
               the
               Parliaments
               assembled
               since
               the
               Conquest
               .
            
          
           
             
               Ph.
               
            
             
               I
               think
               your
               reason
               is
               good
               :
               For
               I
               cannot
               conceive
               ,
               how
               the
               King
               ,
               or
               any
               other
               but
               the
               inhabitants
               of
               the
               Boroughs
               themselves
               ,
               can
               take
               notice
               of
               the
               discretion
               ,
               or
               sufficiency
               of
               those
               they
               were
               to
               send
               to
               the
               Parliament
               .
               And
               for
               the
               Antiquity
               of
               the
               Burgess-Towns
               ,
               since
               it
               is
               not
               mentioned
               in
               any
               History
               ,
               or
               certain
               Record
               now
               extant
               ,
               it
               is
               free
               for
               any
               Man
               to
               propound
               his
               conjecture
               .
               You
               know
               ,
               that
               this
               Land
               was
               invaded
               by
               the
               Saxons
               at
               several
               times
               ,
               and
               conquered
               by
               pieces
               in
               several
               Wars
               ;
               so
               that
               there
               were
               in
               England
               many
               Kings
               at
               once
               ,
               and
               every
               of
               them
               had
               his
               Parliament
               ,
               and
               therefore
               according
               as
               there
               were
               more
               ,
               or
               fewer
               walled
               Towns
               within
               each
               Kings
               Dominion
               ,
               his
               Parliament
               had
               the
               more
               ,
               or
               fewer
               Burgesses
               :
               But
               when
               all
               these
               lesser
               Kingdoms
               were
               joyned
               into
               one
               ,
               then
               to
               that
               one
               Parliament
               came
               Burgesses
               from
               all
               the
               Burroughs
               of
               England
               .
               And
               this
               perhaps
               may
               be
               the
               reason
               ,
               why
               there
               be
               so
               many
               more
               such
               Burroughs
               in
               the
               West
               ,
               than
               in
               any
               other
               part
               of
               the
               Kingdom
               ;
               the
               West
               being
               more
               populous
               ,
               and
               also
               more
               
               obnoxious
               to
               invaders
               ,
               and
               for
               that
               cause
               having
               greater
               store
               of
               Towns
               Fortified
               .
               This
               I
               think
               may
               be
               the
               original
               of
               that
               priviledge
               which
               some
               Towns
               have
               to
               send
               Burgesses
               to
               the
               Parliament
               ,
               and
               others
               have
               not
               .
            
          
           
             
               La.
               
            
             
               The
               Conjecture
               is
               not
               improbable
               ,
               and
               for
               want
               of
               greater
               certainty
               ,
               may
               be
               allowed
               .
               But
               seeing
               it
               is
               commonly
               receiv'd
               ,
               that
               for
               the
               making
               of
               a
               Law
               ,
               there
               ought
               to
               be
               had
               the
               assent
               of
               the
               Lords
               Spiritual
               and
               Temporal
               ;
               whom
               do
               you
               account
               in
               the
               Parliaments
               of
               the
               old
               Saxons
               for
               Lords
               Temporal
               ,
               and
               whom
               for
               Lords
               Spiritual
               ?
               For
               the
               Book
               called
               
                 The
                 mode
                 of
                 holding
                 Parliaments
              
               ,
               agreeth
               punctually
               with
               the
               manner
               of
               holding
               them
               at
               this
               day
               ,
               and
               was
               written
               (
               as
               Sir
               
                 Edw.
                 Coke
              
               says
               )
               in
               the
               time
               of
               the
               Saxons
               ,
               and
               before
               the
               Conquest
               .
            
          
           
             
               Ph.
               
            
             
               Mr.
               Selden
               (
               a
               greater
               Antiquary
               than
               Sir
               
                 Edw.
                 Coke
              
               )
               in
               the
               last
               Edition
               of
               his
               Book
               of
               Titles
               of
               Honour
               says
               ,
               that
               that
               Book
               called
               the
               
                 Mode
                 ,
                 &c.
              
               was
               not
               written
               till
               about
               the
               time
               of
               Rich.
               2.
               and
               seems
               to
               me
               to
               prove
               it
               .
               But
               howsoever
               that
               be
               ,
               it
               is
               apparent
               by
               the
               Saxon
               Laws
               set
               forth
               by
               Mr.
               Lambert
               ,
               that
               there
               were
               always
               called
               to
               the
               Parliament
               ,
               certain
               great
               Persons
               called
               Aldermen
               ,
               alias
               Earls
               ;
               and
               so
               you
               have
               a
               House
               of
               Lords
               ,
               and
               a
               House
               of
               Commons
               .
               Also
               you
               will
               find
               in
               the
               same
               place
               ,
               that
               after
               the
               Saxons
               had
               received
               the
               Faith
               of
               Christ
               ,
               
               those
               Bishops
               that
               were
               amongst
               them
               ,
               were
               always
               at
               the
               great
               Mootes
               ,
               in
               which
               they
               made
               their
               Laws
               .
            
             
               Thus
               you
               have
               a
               perfect
               English
               Parliament
               ,
               saving
               that
               the
               name
               of
               Barons
               was
               not
               amongst
               them
               ,
               as
               being
               a
               French
               Title
               ,
               which
               came
               in
               with
               the
               Conqueror
               .
            
          
           
             FINIS
             .
          
           
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A43971-e39520
           
             The
             King
             is
             the
             Supream
             Judge
             .