A34365 ---- God and the king, or, Monarchy proved from Holy Writ to be the onely legitimate species of politick government, and the onely polity constituted and appointed by God wherein the phantasied principles of supereminencing the peoples welfare above the kings honour, and popular election of kings are manifested to be groundless and unseasonable / briefly collected by Robert Constable. Constable, Robert. 1680 Approx. 58 KB of XML-encoded text transcribed from 18 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A34365 Wing C5935 ESTC R24780 08488458 ocm 08488458 41399 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A34365) Transcribed from: (Early English Books Online ; image set 41399) Images scanned from microfilm: (Early English books, 1641-1700 ; 1253:7) God and the king, or, Monarchy proved from Holy Writ to be the onely legitimate species of politick government, and the onely polity constituted and appointed by God wherein the phantasied principles of supereminencing the peoples welfare above the kings honour, and popular election of kings are manifested to be groundless and unseasonable / briefly collected by Robert Constable. Constable, Robert. [2], 31 p. Printed for W.L., London : 1680. Reproduction of original in the Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Divine right of kings. 2006-08 TCP Assigned for keying and markup 2006-08 Apex CoVantage Keyed and coded from ProQuest page images 2006-09 Jason Colman Sampled and proofread 2006-09 Jason Colman Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion God and the King : OR Monarchy proved from Holy Writ , To be the onely Legitimate Species of Politick ▪ Government , and the onely POLITY Constituted and Appointed by GOD. Wherein the Phantasied Principles of Supereminencing the Peoples welfare above the Kings Honour ; and Popular Election of Kings , Are manifested to be groundless and unreasonable . Briefly Collected , by Robert Constable , M. A. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Rom. 13. 1. VVherefore we must be subject , not because of wrath onely , but also for Conscience sake , Rom. 13. 5. London , Printed for W. L at the Crown in Cornhill near the Stocks-Market , 1680. To the REVEREND , and His Loving Father , Robert Constable . Dear Father , HOW much I am Obliged to you both for my Being and Well-being , I desire now to testifie unto the world ; for though to requite your Love , and Bounty be not within the Sphere of my * Ability , yet since the † Apostle commandeth Children to learn to requite their Parents , and Nature it self hath taught unreasonable ( a ) Creatures this Lesson , I shall Endeavour ( by Gods help ) to pay that threefold debt of Obedience , Reverence , and Gratitude , which all Children owe to their Parents . And therefore I shall ever devote my self unto your Service , to whom ( next under God and my King ) I owe my self , and those Abilities I have , both Natural , and which through Gods Blessing upon your Liberal Education , by a double Apprentiship , in two * famous and flourishing Societies , I have acquired . To express therefore my due Observance , and gratefull Recognition of your former Care , and Cost ; I here present you with ( the first = born of all my Labours ) a brief Collection of the Divine Right of Monarchy , evidently deduced ( e Sacris paginis ) to be the onely Species of Politique Government , and that the people have no Right in the Collation of their King , or any Colour to presume to the same . The undeniable Right of this Subject absolutely lessens my Endeavours ; because to prove a Principle is to deny it the force of a Principle : But , because some in the world are not ashamed to make this Case disputable , therefore , ( pregnant with zeal , though weak in the Delivery ) I brought this into the world , presuming that the alwaies assented to Truth hereof would strengthen me in my Travel . And thus brought forth I beg for it ( as a true born Son ) your Baptism . Hoping that for the Fathers sake , qualis qualis est , aequo animo consules : And so to the world , under your Protection , it is committed , by Reverend Sir , your ever Obedient Son , and Humble Servant . Robert Constable . GOD and the KING . GOvernment , in general , is , the Administration and Exercise of that Power and Authority which the Superiour hath over the Inferiour ; which , at the very instant of the Creation of the world , took beginning ; For the very first Creatures which God made , being inferiour to him both in Glory and Power , became subject unto his Guidance , Rule , and Government . And God , who is a God of Peace and Unity , to the end to establish and preserve peace and unity amongst his Creatures of different Kinds and Natures , did by his Providence and Wisdom create all their kinds in several Degrees of Superiority and Subordination , that as one kind did naturally exercise a Rule , so the other might as naturally yield Submission and Obedience . So that Government , being a word of Relation , necessarily requires a Correlatum , which is Subjection , the one not existing without the other . And therefore as Government is an undeniable Institution of God ( as in the Series of the whole Universe is most evident and clear , every Creature having a certain Rule Dominion , and Dependancy one of anoher ) so Subjection or Obedience , being its necessary Correlate , is as undeniably requisite and necessary . For the wisdom of God which saw the preservation of the Universe , to have a necessary dependance upon the mutual peace and unity of these three several kinds of Creatures , ( viz. the Angelical , Intellectual , and Natural Agents ) whereof the Universe was composed , and that peace and unity to have the like dependancy upon their Order and Government , did likewise see it necessary that the same means should have the same efficacy in the particulars of each of these three species , lest confusion in particulars should produce the distruction of the species , and by consequence of the Universe . For most true is that Saying of Nazianzen , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Order is the Mother and preserver of all things . Therefore the Lord did not terminate the influence of Order and Government in the species of any of the three several sorts of Creatures , but did also originally constitute the particulars of each in different degrees of Superiority and subordination or subjection . As amongst the holy Angels we find Arch-Angels , 1 Thess . 4. 16. and , Jude v. 9. And amongst the Devils Belzebub , the Prince of Devils , Matth. 9. 34. And the obedience of Angels ( I mean not that of the whole species unto God , but their obedience unto one another , ) is strongly intimated by Christ in the third Petition of that Prayer ( which he gave to all Christians as a precept , Luk. 2. 11. ) wherein we desire that our observance of Gods Will here on earth , may be such as the Angels perform in heaven : But our observance of Gods will is not terminated in the obedience of the species unto God , but further comprehends the performance of those duties , adhibited in the fifth Commandment between Inferiours and Superiours , whether it be in political or paternal Government . And amongst the natural Agents which by a natural instinct are dependant and subservient one to another ; as the Heavens to the Earth , the Earth and Heavens to the Plants and these three to Sensible Creatures ; amongst whom the Lyon is invested with a certain natural Power and Authority over the Beasts of the field ; the Eagles over the Fowles of the Air , and the Leviathan or Whale over the Fish of the Sea. And Jerome affirmeth the same order to be observed amongst every particular Society of Sensible Creatures . The dumb beasts and wild herds ( faith he ) do follow their Leaders ; the Bees have their King , and the Cranes flye after one another like an Alphabet of Letters . But this Wisdom and Providence of God in the constitution of Degrees of Superiority and Subordination amongst the particulars of the immediate species of the Universe , is most manifest and perspicuous in the species of the Rational Creatures . For God , in the very first beginning of the world invested Adam , Gen. 1. 26. not onely with the Rule and Dominion over all the other Creatures of the world , but likewise with a Monarchical Supremacy ; not onely Oeconomical over the one created family in Paradise , but Political over a Society consisting of many families , which were to descend of Adam . For the same Law which commanded obedience to Parents did oblige all Adams posterity to the performance of this Monarchical obedience to Adam . Now although this Government be styl'd most commonly Paternal , because all Adams Subjects could derive their Pedigree from the blood Royal ; Yet is it the very same with that we term Regal . Therefore the Holy Ghost , to demonstrate unto us that the name did not create any real difference between this Paternal and Regal Government , did afterwards in the Penning of the Decalogue , use onely the word , Father , to express all sorts of Government . And this indeed is the ground of Monarchy : which , as a Learned Divine hath well described , is a Politick Government instituted and approved by God , consisting in the prudential Administration and Exercise of the Supreme Power and Authority of one Person over all other within the same Society , for the preservation of Peace and Vnity in order to God's Glory , the Kings honour , and the Peoples welfare . Where we may observe , 1. The Efficient cause of Monarchy . 2 The End or Final cause thereof , The Efficient cause of Monarchy , is , either Principal or Instrumental . The Principal Efficient cause of Monarchy is God , by whom all Power is ordained , Rom. 13. 1. For God is the universal , principal , and primary Efficient cause of all things ( sin only excepted ) Rom. 11. ult . And Gen. 14. 18. there we find a King of Gods own making , and His Regal Power of God's own Institution . For Sem ( alias Melchisedec ) was by Gods special Ordinance a Type of Christ , both in his Regal and Sacerdotal Office , Heb. 7. 12. And therefore is stiled by the Holy Ghost , the King of Righteousness , and King of Salem , which is Jerusalem , where this Melchisedec raigned until Jacob's time . And also several persons receiv'd their Regal Investiture from Gods immediate and particular Consignation , who had no other Title to that Monarchical Honour and Supremacy ; as , Saul , 1 Sam. 10. 1. David , 1 Sam. 13. 14. and Solomon , 1 King. 1. 30. Kings of Israel , Jeroboam , 1 King. 11. 30. Jehu , 2 King. 11. Kings over the ten Tribes ; and amongst the Heathens , Hazael , 1 King. 19. 16. was made King of Syria by Gods particular appointment ; and Cyrus , Isa . 45. 1. who , although a Heathen , is there called Gods Annointed , Ergo. Obj. But it may be Objected . That when the people of Israel asked God for a King , He was very angry with them , and did declare his dislike thereof by a miraculous Thunder and Rain , 1 Sam. 12. 18. Ergo. Sol. To this I Answer ; that God was not angry with the Peoples desire of a King , as in relation to the Object of their desire , viz. Monarchy , but rather was well pleased therewith , being the very Ordinance of God himself , Deut. 17. 14 , 15. and therefore was sanctified to the people with the promise of a blessing , 1 Sam. 12. 14. and further confirmed unto them by God himself in his own particular Election of another King , viz. King David , a man after Gods own heart : But as in relation to the end of their desire , which was Idolatrous and sinfull , laying the hopes of their deliverance , from those pressures under which they then groaned , upon the King , looking for deliverance from him , and not from God , He was angry with them ; as God deolared unto Samuel , 1 Sam. 1. 7. They have not rejected thee , but they have rejected me ; Imputing more to the power of a King for their deliverance than unto my power , so forgetting me their Creator and Preserver . And for the further manifestation of the Divine Right of Monarchy God was pleased to sanctifie it with the Blessing of Divine prescription . For Monarchy began in Adam , and so continued in his Posterity successively until the Flood ; and after the Earth was again replenished , the Church was limited to Sem ( as aforesaid ) King of Jerusalem , where he Reigned till Jacob was fifty years of Age. Who went down to Egypt with all his posterity , and there lived in Bondage and slavery , till God raised up Moses their Monarch and Ruler , by whose hand he delivered them , and after Successively continued that Monarchical Rule over them ( as is manifest in the holy History of the Israelites ) even from Moses unto our Saviour Christ , King of Kings , and the true King of the Jewes , Matth. 2. 2. Except where their sin and ingratitude made them incapable and unworthy of the great blessings and favour of the Monarchical Government , and brought that heavy curse of Anarchy upon them . For whilst there was no King in Israel , in those dayes every man did what was right in his own eyes , measuring their Actions by the Law of their own Lusts . All which enormities the Holy Ghost justly imputeth to the want of a King and Regal Government in Israel . Although they had their Synedrim and great Council amongst them ; Yet it pleased God in all their Captivities and Distresses during those sinful times wherein they wanted a King and Regal Government , to raise them up occasional Judges and Monarchs for their occasional deliverances ; thereby to manifest to them the benefit of Monarchy , and how conducent Regal and Monarchical Government was to their constant security and happiness ; God himself honouring this blessing of Monarchy with many gratious Pactions and promises , as to David , 2 Sam. 7. To Solomon , 1 King. 3. yea and to wicked Saul , 1 Sam. 12. and Idolatrous Jeroboam , 1 King. 11. and therefore a token of Gods approbation of that calling of Monarchy , as a natural gift and blessing ▪ requisite to humane perfection , for the Lord did never thus directly declare his approbation of any curse or privation of these blessings , which was an effect of sin ; nor of any calling which was grounded thereupon , such as that Monkish mendicancy which is used in the Church of Rome . For that command of Christ to the young man in the Gospel was principally probatory ; and all Christs promises made , either to him , or his Disciples for remuneration of their piety , who forsake all for his sake , relate primarily and properly to the love of Christ , and to such disvaluations and desertions of worldly and natural gifts and blessings , onely Accidentally and in a Secundary sense , when they come in competition with Christ , who is to be preferred above all other things whatsoever , although never so dear unto us , Matth. 16. 25 : But I say such curses and privations of Worldly and natural gifts and blessings were never directly and positively honoured with a Sanction of a remunerative promise , as Monarchy is in the prementioned Texts . And this I hope may suffice to evidence the Primary and principall cause of Monarchy , to be God alone . Now it rests to speak of the Secondary or Instrumental cause thereof . In Crowns as in all other ( nay much more than in any other ) Possessions , he that entreth not in by the door of Right and Justice is a Thief and a Robber whose intent is but to Rob and Steal , whereby to satisfie his own Ambition and Avarice , as the constant event hath manifested in all Usurping Traitors , Abimelech , Absalom , Baasha , Zimri , Omri , and many others both Antient and Modern , as that Traitor the bane of our English Nation O. Cromwell , whose wickedness ( I fear ) hath drawn those National Judgements upon us , which since we have suffered : whose name ( I call God to Record with me ) when I remember , makes my flesh tremble , stupifies all my senses to think flesh and blood should be guilty of such execrable Acts , the perpetration whereof Hell with all its damnable Crue scarcely could or ever did exceed . But the prodigious guilt of this Miscreant so much exceedeth the mild point of my pen , that in the further process , I should but lessen my own resentments , and seem to favour that which is the fittest subject for the greatest Satyre in the world . The instrumental cause of Monarchy , is the secondary means which God makes use of , for the immediate collation of this Supremacy upon any man , whereby to Intitle him to the Regal Diadem , and that , either Extraordinary , when God doth declare his will by extraordinary revelation , and that either for a blessing to his people , over whom he placeth him , by making him a Minister of his favours and mercies , or for the Executioner of his Judgements for the punishment of the peoples sins . Or Ordinary , when God doth advance a man to this Regal Dignity and Honour by those ordinary wayes and means , which are constant Rules for us to judge of , whereby to acknowledge this Soveraignty and yeild our obedience ; and this likewise either , when the Soveraign Power is attained by those ordinary wayes and means which are approved and warranted by the word of God , and the Rules of Reason and Equity : Or when the same is attained by Violence and Injustice , and such cursed wayes and means , as are repugnant to the word of God , and the Rules of Justice and Equity . The dispute of the former would be arrogant and impious ; for the extraordinary wayes of God , are far above our Judgement , and further above our imitation : God never intending such for a president whereby to frame our Actions , but onely our Submissions thereunto . And therefore I shall insist upon those ordinary wayes and means which are the rule of our Actions in this kind ; which ( as I have said ) is twofold . Either when attained by violence and injustice , and repugnant to the word of God , and the Rules of Justice and Equity ; which is called Vindicative : Or when it is attained by those ordinary means which are approved and warranted by the word of God ; and this is called Gratious . Concerning which , there are two opinions , the one , propugned by some , that the Right of the Royal Investiture pertaineth to the people . The other , and that most certainly , is imputed to Birthright and Hereditary Succession . Their Arguments , whereupon they ground the former opinion , are , partly instantial , and partly rational . The instances alleadged for the propugnation hereof , are the Inaugurations of those Kings which the Scriptures mention , to be made or Annointed by the people ; as Saul , 1 Sam. 11. 15. All the people of the Land came to Gilgal to make him King. And David whom all the men of Juda Annointed King at Hebron , 2 Sam. 2. 4. And afterwards was Annointed King over Israel at Hebron by all the Tribes of Israel , 2 Sam. 5. 3. And Solomon who was likewise Annointed by the people , 1 Chron. 29. 20. And Jeroboam , whom the people made King , 1 King. 12. 20. And Vzziah , whom the people of the Land made King , 2 King. 14. 21. And Jehoahas , who ( although he was the second Son of Joshuah ) was made King by the people in his fathers stead , 2 Chron. 23. 20. The reason , they ground this opinion upon , is taken from that Aristotelian principle , Honor est in honor ante , & non in honorato . And therefore the honour ( say they ) and Submission , which Kings receive , is originally in the people . And therefore they think it not reasonable , that the people should be obliged to give obedience and yield honour to any person but him whom they think and judge worthy of it , and so manifest their Judgement of his worth , by their Election of him to be their King and Soveraign . And lastly , they add St. Peters Testimony , 1 Pet. 2. 13. who terms Regality an Ordinance of Man , which were false , if it did proceed from God , and not from the people ; for then it were an ordinance of God and not of Man. Now from these grounds they deduce two damnable ( because Rebellious ) Consequences and Corollaries . 1. That though the King be Major singulis , yet he is Minor universis ; and therefore that is no Rebellion , but duty in the people , to resist and oppose the King , nay to depose and dethrone him , where the people judge it necessary in relation to the defence of their own safety . 2. That the King doth receive and enjoy this honour onely by vertue of a stipulation or Covenant between himself and the people . And therefore if the King do violate this Covenant and break the Trust reposed in him by the people , by any acts which are destructive , ad Salutem populi , ( whereof they presuppose themselves to be Judges : ) that then the people are absolved from their Allegiance grounded upon that Trust and Covenant , and may Lawfully provide for their own safety and welfare , either by resistance , deposition , dethronement , or any such means as themselves shall judge thereunto conducent . Now to confute this opinion concerning the Peoples Right and Power in this Regal Investiture , and in answer , to the Arguments alleadged for the propugnation thereof , and to those damnable and execrable inferences grounded thereupon ; we must know , that these acts of the People , mentioned in the premised instances of Scripture of making and Annointing Kings , are , Either acts of Homage and Duty , by way of acknowledgement and testification of the Supremacy already Legally confirmed upon the person to whom these duties are performed ; which in Scripture are expressed upon two several occasions ; The one , where God did confer this Supremacy and Regal Honour , by any extraordinary wayes and means , as in Saul , David , Solomon , and Jeroboam . The other , where God used their means for the vindication of the Kings just Title against an Usurper , as in Joas , whom Jehoida the Priest , and the Captaines , and the people crowned and annointed King in the Temple ; restoring him to his just Rights which had been usurped by his Grandmother Athaliah , 2 King. 11. 12 , 13. And in Hosiah the son of Amaziah whom the people restored to his just Power , which the Conspirators ( who slew his Father ) had usurped : And in both these cases , the acts of the People are good and Lawful , and approved by God ; being declared to be the will of God , upon the former occasion , extraordinarily ; upon the latter , ordinarily . And indeed is nothing else , but the peoples necessitated assent and manifestation of joy , for that blessing which God hath bestowed upon them ; and therefore bound to perform all acts of obedience and Loyalty to him so Invested , whereunto they do by this act of theirs silently and implicitely promise and engage . And not by this act of theirs stipulating ▪ or adding any Authority or Supremacy to the person so inaugurated ; as in those instances , if severally and seriously considered , will appear : For , 1 Sam. 10. 1. we find Saul , and that by Gods appointment ( where the Text faith ) hath not the Lord annointed thee to be Governour over his inheritance ? as also David , who was Annointed King by Samuel , according to Gods command , 1 Sam. 16. 13. Solomon by Zadoc the Priest and Nathan the Prophet , 1 King. 1. 34. Jeroboam , by the Prophet Ahijah , 1 King. 11. 30 , 31. all which being performed by the immediate command of God , declaring his will and pleasure concerning the advancement of them to their several Power and Preheminence by Extraordinary Revelations , do evidence , the Right of Royal Investiture , to pertain onely to God ; by whom Kings Raign : And that , not onely when he doth so declare his will by those Extraordinary means ; but also , when that Power is attained by those ordinary wayes and means , which are warranted by Gods word and the Rules of Reason and Equity ; as in Joas whom Jehoida the Priest made King in pursuance to the promise of God to his servant David that his house should be established for ever . Or else these acts of the people are acts of seeming Power or Authority , collating this Supremacy and Regal Power upon some person , who hath no other Right or Title thereunto , neither of Birth-right , nor of Revelation from God ; as upon Absalom , Adonijah , Jehoadas , Judas , Theudas , and Barchozba , ( who professed himself the Messiah , and drew the people into Rebellion against the Roman Emperor ▪ which occasioned those wars wherein Jerusalem and the Jewes were destroyed , ) and these acts of the People are execrable , sinful , and Rebellious , and so declared by Gods Judgements thereupon , for wheresoever the Scriptures mention the constitution of a King after this manner , you shall find that they likewise record ( not onely the frustration of the peoples endeavours , but also ) that they were frustrated by some heavy and sudden Judgements of God , both upon the Usurper ( whereby he was degraded from his undue honour ) and the people , who presume to confer that honour upon him without a warrant from God , and so by that means to obtrude a Deputy upon God of their own and not of Gods Election . Whereof we have a lively instance in the madnesse of the People of England in these late times , placing forsooth their ( Lord Protector ) by those horrible sins of Rebellion and Sacriledge , not onely perpetrated against the Right and Power of our late dread Soveraign , but even against his Sacred and most Royal Person . O Heaven ! O Earth ! what satisfaction can be made for that Sacred blood , shed , to satiate the gluttonous and Sacrilegious lust of Traytors and Rebells , who build up Sion with blood , and Jerusalem with iniquity ? But surely God will avenge the blood of his Servant , crying ( like the blood of Abel ) for vengeance . These acts of the people in Annointing of Kings are onely mentioned where some of these occasions happened ( that is ) where there was an interruption of the ordinary means of conferring the Supremacy by birth-right and Hereditary Succession ; either by the interposition of Gods just Prerogative in the Advancement of some Person by Extraordinary and Immediate Revelation , or else by the usurpation of some who had no right or Title at all , but Force and Violence , ( either private of themselves and some few partners , wherein God stirred up the people to vindicate the Kings right ; or Publick of the people ) but where the Supremacy and Soveraign Power ( with all the Appendages ) descended by Birthright ; there is no mention at all made of the people ; though the act of Duty and Homage was as necessary to be performed to all who enjoyed the Crown by Hereditary Succession ( as to Abijah , Asa , Jehosaphat , Jehoram , and the rest , to whom the people were no less obedient and subject than to those who were appointed by God ) but I say in those cases , the peoples acts of Submission and Homage are not expressed but presupposed , as known acts of Duty to those Kings who attained the Supremacy by those ordinary and known means of Birthright . And how many Instances are there in Scripture of the inefficacy of the peoples endeavours in this kind , as in Aarons and the Israelites honouring and Proclaiming the Golden Calf , to be a God and Guide in Moses stead , yet did not that popular Election Legitimate that Calfes power and Title , Exod. 32. And Absalom was proclaimed King by all the thousands of Israel , yet did not that act of the people Legitimate Absaloms Title to the Crown . For the Holy Ghost termeth it a Conspiracy when it was at the very height , 1 Sam. 15. 12. Shcba had Ten Tribes for him , when David had but one , and yet was he never termed a King , but a man of Belial , 2 Sam. 20. Adonijah confesseth that ( although the faces of all Israel were set on him to make him King , yet ) he never had any just Title or Right to the Kingdom ; for the Lord had designed it for his Brother Solomon , 1 King. 2. 15. upon all which God manifested the guilt of their sin , by sending those fearful judgements both upon the people and the Traitors so exalted . To the reason grounded upon that principle ( quod honor est in honorante & non in honorato ) let it be premised ; that honour involves a twofold relation : The one primarily and per se to that quality or excellency which is found in the person , for which he is honoured and esteemed . The other secondarily and virtute prioris to the act of honour and estimation whereby we judge well of the person so and so qualified ; and therefore all acts of honour in the secondary sence are acts of duty , as being the effect of that qualification in the person so magnified and honoured . So that it is evident the honour and submission which the people exhibite to their King , even from this ground and principle of Aristotle , are not acts of favour to be conferred and disposed voluntarily at their own will and pleasure , but acts of Duty , not onely morally , as the acts of honour in the premised principle meerly intimates ; but also by a Divine necessity , being thereto obliged by the Law of God. And therefore must be performed to such , as God esteems worthy of the honour to be his Deputies ; and not upon such as themselves judge worthy to be their Rulers : For you know the people are obliged to exhibite acts of honour and reverence to a Judge ; but it doth not therefore follow ▪ that the people make that man a Judge , but he is made such by Letters Patents from the King , without asking any consent from the people . To St. Peters Testimony I answer , that the Apostles expression there , relates to the subject of Soveraignty and Power , which is the King , and those who are over us under him ; As manifestly appears by the immediate following words of the Text , 1 Peter 2. 13 , 14. Submit your selves unto every Ordinance of man for the Lords sake , whether it be to the King as Supreme or unto Governours as them that are sent by him : ( as if he had said ) Submit your selves to every Humane Power and Authority that God hath set over you , not onely to the King himself , but also to his Ministers and Magistrates , although they are his Subjects as well as you : for there is no power but of God , and whosoever resisteth the Power , resisteth the Ordinance of God. And they that resist shall receive to themselves damnation , &c. Rom. 13. But it doth not at all relate to the Original and Efficient cause of that Power , which is God , and neither King nor people . And now ( I hope ) the profanity of that former inference of theirs is perspicuous , appearing most damnable being directly contradictory to that express Rule , which God himself hath prescribed in this case , Exod. 23. 2. Thou shalt not follow a multitude to do evil , neither agree in a controversie to decline after many . Where God plainly declares that the universality of the offenders cannot legitimate the fault ; as appears in the sin in erecting the Golden Calf , and Absaloms Conspiracy . For though it be a Maxime in Policy , that Multitudo peccantium tollit peccatum ( i. e ▪ ) Poenam peccati : and therefore in crimes of the blackest dye the offenders often times escapes their due punishment . It is as true a Maxime in Divinity , that multitudo peccantium aggravat peccatum ( i. e. ) culpam peccati ; and the more I seduce the more guilt I contract : Although the multitude of partakers may secure me from punishment , in foro judicii humani , yet I am sure to receive the just reward of that sin at Gods Tribunal ; from which the whole Society of men and Devils , cannot secure me . But not to bind these nice Disputants to an Argument of Conscience ( which indeed is scarce to be found amongst them ) to evince their error , let us consider the absurdity and sencelesness of their opinion both in Policy and Reason . For if the Major part of the people be Superiour to the King , then the Government is not Monarchical , but Democratical , every species of Policy deriving its Denomination and nature from those that are Invested with the Supremacy : But that Democracy is the basest kind of Policy ( Confusion and Destruction being the conclusion of such a Government ) both experience , and the general consent of all Politians do declare and so asserted both by Jerome , and Cyprian , and even Calvin himself ( although a favourer of the Peoples Right , in appointing of their King and Monarck ) * divers men have divers minds and meanings , and therefore amongst a multitude of Governors , Emulation and dissention are no rare springs . Nay ( both Jerome and Cyprian ) record it for a probatum in daily experience , that so many Leaders , so many followers , so many Rulers , so many Factions , do tear and rent in pieces the peace and Vnity of all Societies . To which agrees Calvin , affirming , an equality amongst Governours to be the mother of Factions . It 's one of our Saviours own Maximes , Matth. 3. 24. That a Kingdom divided against it self cannot stand ; but every Democracy must necessarily divide a Kingdom against it self , Ergo , &c. That Democracy must necessary divide a Kingdom against it self , is proved from another of Christs own Maximes , Matth. 6. 24. No man can serve two Masters ( much lesse three or four hundred masters ) but in every Democracy there are ( at least ) two Masters . And therefore no man can be a true Subject or servant in such a Common-wealth ; but ( as Christ faith ) must necessarily be factious , by loving one and hating all others , and adhering to one , and rebelling against others . And therefore it is observed , that in Christs time , when Esay had prophesied , that there should be an Universal peace over the whole Earth ; that then , there was not any kind of Polarchy in any Kingdom in the world ; because in its own nature every Polarchy is inconsistent with Peace and Unity ; the end and conclusion thereof being absolute ruine and desolation ( the common fate of all divided Kingdoms ) except God in his mercy , prevent the same by the reducement of such a Government to a Monarchy ; a manifest experience whereof we have both in the Athenian , Syracusan , Lacedemonian , and Roman Common-wealths ; whose Polarchical Dissentions occasioned many Intestine Wars and Tragical Conflicts , which in fine must necessarily have produced the ruine and desolation of them all , if the opportune reducement of those Polarchies to a Monarchy had not prevented it . Lastly , every individual member of the same Society is obliged to exhibit acts of Obedience and Loyalty to their Lawful Prince ( as the former part of this distinction of these subtile Logicians intimate ) allowing the King to be Major singulis , but upon what grounds they deny his Authority in Vniversis , I leave to the Censure of every rational Judgement seriously considering this deduction , Peter is obliged to exhibit acts of obedience to his Prince , so Paul , so John , and so every individual member of the same Society ; Ergo , ( according to that Logical Maxime , a particularibus ad universale valet consequentia ) they all in universal , are obliged to exhibit acts of Obedience to their King. To the second Inference ( viz. ) That the King doth receive and enjoy this honour onely by vertue of a stipulation or Covenant between himself and the people ; and therefore if the King doth violate this Covenant , and break the Trust reposed in him by the people ; that then the people are absolved from their Allegiance , grounded upon that Trust and Covenant , and may Lawfully provide for their own safety and welfare , either by Resistance , Deposition , Dethronement , or any such means as themselves judge to be most conducent to their own security . To this I answer that this Covenant ( its true ) implyeth a mutual engagement of the parties therein concern'd ; but the parties primarily and originally concerned are , God upon the one party , and the people upon the other party , as Moses declareth , when he reciteth that Original and general Covenant ( which is indeed the ground of all other particular Covenants ) Lev. 26. Deut. 28. And therefore Solomon , Eccles . 8. 4. maketh this Covenant a ground why people should obey the Kings Commandments , not as the Kings , but as Gods Commandments ▪ whose Vicegerent the King is ; for where the word of the King is there is power , and who shall say unto him what doest thou ? for the Kings heart is in the hand of the Lord , as the Rivers of water he turns it which way soever he will , Prov. 21. 1. And therefore the King is onely the deputative party assigned by God , and intrusted by him for the performance of the Covenant upon Gods part , either for a vengeance , or recompence to the people , as the Lord himself judgeth of their merits . And though the King may spare the wicked and persecute the Righteous even unto death , as Pilate did our Saviour , yet even in that the King doth but execute Gods Decrees , as the Holy Ghost doth declare concerning that unjust Judgement of Pilates , Acts 4. 28. for Pilate did nothing but what God had Determined before to be done , For every mans judgement is from the Lord , Prov. 29. 26. and not from the Judge or Ruler . So that ( in a word ) the King may do male ( that is ) a wrong to himself , ( for which he is accountable to God ) but he cannot do malum ( that is , any wrong to us ) by inflicting any thing upon us , which is not just and according to our deserts from God , whose place the King supplies in Judgement , which is the ground of Solomons assertion , that , The Kings lipps do pronounce Divine sentences , and that his mouth transgresseth not in Judgement , Proverbs 16. 10. Now therefore upon these grounds of Solomons it is manifest , that there is no sence , why the people should claim any power over the King by vertue of this Covenant . First , Because the King is not their Deputy , but Gods , and every man must accompt to him for his Actions , who doth constitute and depute him ; as when the King doth depute a Judge for any Province or City , the people under his Command have no power to question him for any act which they conceive unjust , but either by Petition to that Judge , or else by their addresses to the King his Master , whose trust all corrupt Judges do deceive , and not the Trust of the people ; for they receive not any Power or Authority from the people , but from the King : And in like manner the people for redress of their grievances from the Kings oppressions , must address themselves to the King by Petition , and if that prevail not , then to God by prayer , ( who is the Kings sole Lord and Master , and from whom he receives his Power , and whose Trust all Tyrannical Kings break by acts of Injustice ) which is the ultimum refugium , as Samuel declares when he Prophesieth of Sauls Tyranny , whereby the people should be grievously oppressed ; for redresse whereof the people ( when the King would not hear ) should cry unto the Lord , 1 Sam. 8. 18. other means of remedy than which , the Prophet Samuel did not dream of , nor could prescribe to the people to make use of ; and whereas if he had conceived resistance to be Lawful , he might soon have found out that way , and have the people so to provide for their own security . Secondly , Because the people never receive Injustice from the King , if they look upon themselves ; for the Judgment is the Lords , who cannot do injustice , nor break the Covenant upon his part ; although his Minister and Deputy may fail and offend in the execution of his Office in his own particular , which is his own guilt . As a Hangman that Executes the just sentence of death upon a Malefactor , if in doing his office , his intentions have not reference to the sentence of Justice , but the satisfaction of some private grudge , or some Covetous Design or the like , that Officer is guilty of Murther , although the Malefactor receive from his hand nothing but his due deserts . And thus much ( I hope ) sufficiently declares the error and vanity of that opinion , that the peoples consent and approbation , are the ordinary and instrumental means and causes of that Supremacy and Soveraign Power , which doth Preheminence the Monarch above all others within the same Society . Now it rests to speak of that opinion , which ( and that most certainly ) imputeth the Secondary and Instrumental cause of Monarchy and Regal Dignity to Birth-right and Hereditary Succession ; the Efficacy whereof Holy Writ doth manifest , Preheminencing , the first born above all his Brethren in Honour and Possessions , as the Lord declared to Cain , Gen. 4. 7. nor was it in the Fathers power , either for love or hatred , to alter the Law of the first born , and to transmit the Honour and Inheritance due to him , to his younger Brother , Deut. 21. 15. and in that statute , which the Lord himself made , ordering the descent of honours and possessions , Num. 27. the Lord doth direct that they be conferred by Birthright and Hereditary Succession ; and not by the Election or Discretion either of Moses or the people . But more specially to our Case , the Lord was pleased to honour it with the promises of perpetuating these Honours and Royal Dignities unto any Family , which were alwayes grounded upon the perpetuation of the Royal Issue , in giving Sons that should sit upon the Throne , as appears in his promises to David , 2 Sam. 7. 12. to Solomon , 1 King. 9. 4. to Jehu , 2 King. 10. 30. and most manifestly upon Jacobs Prophesie , which upon this very ground Entailed the Crown and Scepter unto Judah , until Shiloe came , Gen , 49. 10. The performance of which gratious promise was executed in Abijam , who succeeded Rehoboam , and Asa him , Jehosaphat him , and Jehoram him , and so in the rest , as the Sacred Chronicle doth at large relate , who all inherited the Crown by vertue of this Birth-right , without the concurrence of any other cause or meancs . And this may suffice as touching that Instrumental and ordinary means ( viz. Gratious ) whereby God doth advance a man to the Regal Diadem , Dignity and Honour , and which is a constant Rule for us to Judge of whereby to acknowledge this Soveraignty and yield our obedience . The other Instrumental means of this Supremacy , which creates a Right and Title to the Crown , is Vindicative , and that is Sword and Conquest , which the Lord declareth to be one of the severest and heaviest of his Curses and Judgements upon a Nation , Lev. 26. 25. And the Lord styled the victorious King of Assyria , Isa . 10. 5. The Rod of his wrath , and staffe of his Indignation ; because by his sword he was resolved to pour out the Vials of his fierce wrath upon the Ten Tribes , for their Idolatries and abominations . Quest . It may be here demanded , whether Conquest be a Lawful and good Title , and whether any King who doth claim from thence , be a Lawful King , or onely an Usurper . Answ . Conquest in it self makes no better Title to a Crown , than Ahab had to Naboths Vineyard , or than the Robber hath to the Travellers purse : For as it is an affliction and punishment to the passive party , so it is a sin and Injustice in the active party ; and directly contrary to the Law of God which prohibits all injuries to our neighbours ; but yet such a Title may be legitimated and made Lawful by the declaration of Gods will concerning the same . Now Gods will in this case is declared two wayes . First , Extraordinarily , by immediate Revelation ; and so Jeroboams , Jehues , and Nebuchadnezzars Titles were Legitimated . The second Ordinarily , by the Extinguishment of the Royal Family , which is a Declaration of his wrath and vengeance upon that House ; and so the Lord did Legitimate Baasha's Title , as himself acknowledgeth by the Extinguishment of Jeroboams House , 1 King. 15. 29. Now where the Lord hath declared his will by either of these wayes , the Conquerers Title is good and Legal , and all those who claim from that Conquerer are Lawful Kings . But where the Conquerers . Title is not Legitimated by one of these two wayes , the Conquerer is but a meer Usurper , and it is not onely Lawful , but a necessary duty in the people to resist him , and to use their utmost endeavours for the Deposition of that Usurper , and the restitution of their Lawful Soveraign to his just Rights , as Jehojada , and the people restored Jehoash , by the Deposition and Murther of Athaliah , after she had Raigned peaceably for six years , 2 King. 11. and as the people restored Vzziah by the Deposition of those Conspirators , who slew his father Amaziah , after they had Raigned peaceably eleven years , 2 Chron. 26. Quest . If it be not Lawful for a people to Elect their own King , nor any means assigned by God for Collation of this honour , but either Birth-right or Conquest ; what is to be done when the Royal Family is Extinct , and no Conquerer doth claim ; and where a mixt multitude ( amongst whom there is no Relation of Blood to Preheminence one above the rest ) do consent to make a Plantation , and to Erect a new Commonwealth ? Ans . Samuel hath set us a President in this case , 1 Sam. 10. 20 , 21. For though the Lord had revealed his will to Samuel concerning his own Election and appointment of Saul to be King , 1 Sam. 9. 15. yet because Samuel foreknew that King should be a Tyrant , to plague the people for their Idolatrous Trust in a King , he concealed that Revelation , and would not nominate their King , lest the people should afterwards ( when they suffered by Sauls oppression ) blame Samuel for appointing him : but used the means of Lots , to declare the will and pleasure of God in Electing of a King unto the people . And the like was used by the Eleven Apostles , when they had no warrant from God to Appoint or Elect another Apostle , nor durst presume to confer that High calling upon any man without a warrant from God , as you may read , Acts 1. 23. So that in both those cases mentioned in this question , we are to use the means of Lots ; for that means is likewise warranted by God , where his will is not otherwise known and declared , Prov. 16. 33. but the peoples Election is absolutely unlawful ( as the premises , ( I hope ) have sufficiently manifested ) either in those or any other cases . And this of the Efficient Causes of Monarchy . The End or Final Causes thereof , are , either Principal , and that is Gods Glory and the Kings Honour ; or less Principal , and that is , the Subjects welfare . The principal End of Monarchy is , either , ( as the Schoolmen term it ) Originans , which is Gods Glory ; or Originatus , that is , the Kings Honour . Now concerning the Original Principal End which is Gods Glory , it is to be understood that we do not speak of it here in its extent and latitude , as it is the universal end of all things , but onely as it is limited to Monarchical Actions and Duties ; in which sence , Gods Honour and the Kings , are not really , but modally onely different , both of them consisting in the very same Duties , and are of the same Nature in reference to Monarchy . For all excellency , worth and goodness is radically and essentially in God , from whom is communicated Personae honoratae that worth and goodness for which he is honoured and esteemed . And therefore this Politick honour which Preheminences the Monarch above all others in the same Society , is that excellency which God communicates to him , enabling him for the execution of the Duties of his Calling , in the Rule and Government of his people and subjects ; and with a Power to constitute and Enact Laws and Statutes for the Publick good , and benefit of the Common-wealth ; and with power to execute the same Lawes , either by remunerating the integrity of pious and just men , according to the merits of their service and obedience ; or by correcting and punishing the Delinquences of Disobedient and evil men : For a Seditious person seeketh onely evil , and a cruel messehger shall be sent against him , Prov. 17. 11. Obj. But it may be objected , that seeing the Kings Honour is subsequent to Gods Glory ( it being the chief principal End of Monarchy ) that then when the Kings Commands are contrary to Gods , we may resist . Sol. We may resist his Commands , but not his Power , for in those Cases we must obey God by an Active , the King onely by a Passive Obedience : For which we have the president of the Apostles themselves , Acts 4. 5. who did refuse to obey the Commands of the Rulers , prohibiting them to preach in the Name of Jesus , but yet submitted to their power , in yeiding themselves to be imprisoned and beaten , according to the commands of the Rulers . So that they obeyed both God and the Magistrate ; the first by doing , the latter by suffering . For Rom. 13. we must needs be subject , not onely for wrath , but also for Conscience sake , by Christs example , who needed not to have submitted to Pilate , or the Jews for wrath ( for he was able to overthrow them all with a blast of the breath of his mouth ) but yet to honour the Substitute and Deputy of his Father , he submitted to their power , Acts 4. 28. which is the Ground of Nazianzens advise , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; We must submit to good Kings , as to the Lord himself ; to bad Kings , for the Lords sake . And Solomon , Eccles . 10. 20 ; makes this more evident , where he extends the Honour and reverence due to Kings , unto the very thoughts and imaginations of the heart ( notwithstanding they were both Fools , Tyrants , and Idolaters ) for when Solomon prohibited the cursing of the King , yea even in the thought , he was not ignorant that Saul had been a Tyrant , himself an Idolater , and that his Son Rehoboam , who should succeed him , was a fool . Object . You will say , what ? must men then think and believe manifest lyes ? must we neither say nor think that those Kings are evil and wicked , which manifest themselves to be such in all their actions , such as the Scriptures record for most infamous and notorious finners ? Sol. Kings in reference to their duty towards God , may be more wicked than other men , because they may offend in a double capacity . First , In their Natural , by transgressing Gods Commandments , which do oblige them equally ▪ as they do other men . Secondly , In their Politick , as Gods Deputies by breach of that Trust , which God hath reposed in them , for Ruling and Governing of his people according to Justice and Equity . But in reference to their duty towards us , they cannot do wicked things , ( as before shewed : ) so that the words of Solomon are to be understood onely of Kings , in reference to the exercise of their Power upon us ; which whether it be for good or hurt , is still from God : And therefore we may not think them evil and unjust to us ; for the Judgement is not theirs but Gods , Prov. 26. 29. who cannot be unjust . Now as God did deligate unto Kings a Power over our persons in his Ordinance , for their Primary power and Authority ; so did he likewise give them a Power over our Estates , for the Magnificent Maintenance and support of that Honour , which is their Secondary honour of Maintenance and Revenue : Which was the ground of Christs command , Matth. 22. 21. to render a Tribute of our Goods to Caesar , intimating that this temporal honour of Tribute , was ( by vertue of Gods Deligation ) as due unto Caesar , as the spiritual honour of Praise and Worship was unto God. And upon the same ground St. Paul commands to render Custome and Tribute to Kings , not as a gift and favour , but as a due and just debt , Rom. 13. 7 ; and gives this reason for it , because they are Gods Ministers , appointed to supply his place in Ruling and Judging us . And seeing God hath transferred the greater power to Kings , ( viz. ) over our lives , by putting the sword into his hands ; the Apostle thence concludes their Investiture with the less , ( viz. ) a Power over our Estates , and the like Power we see exercised by Pharao in that Ordinance for storeing up a fifth part of all the Corn in Egypt for seven years together ; which Law was Enacted by Pharao upon the single Counsel of Joseph , with the Approbation onely of Pharao's servants , or Council , and not by the general consent of the people , Gen. 41. 34. neither can we pretend this Law to be Tyrannical , for it proceeded from the wisdom of God , who in this business directed the mind of Joseph , Gen. 45. 57. nor can any man imagine , but the State and magnificence of Saul , David , Jeroboam , and others , who of private persons and others , were advanced by God himself to Regal Honour and Dignity , was supported by this means of Custome and Tribute , nor do I find any particular Law or Statute for the particular endowment of those Kings , but onely that general Right and Prerogative , which they derive from God , Investing them with a Power over both our Persons and Estates . And now ( I hope ) our obedience ( either Active or Passive ) being a necessitated Duty and incumbency upon us ( as the premises do sufficiently declare ) to be performed ( both from our Persons and Estates ) to our Lawful King and Monarch , doth absolutely manifest the peoples welfare to be the less principal end of Monarchy ; which ( though it be really distinct from the Kings honour , yet ) is indeed a meer result and product of the same . For Salus populi can never be effected or energated by any other means , but those which in the first place do effectuate and energate the Kings honour , whether we look upon the Monarchical Actions of King or Subjects , both which are versant about the same object and matter , onely in a divers manner . For the King is Interested onely in the Active part of Government , by Enacting , and duly Executing of Lawes for Gods Glory , his own honour , and the peoples welfare ; the people in the Passive part of Government , by their obedience and submission to such Laws and Commands of the King , the violation whereof is a direct means of Dishonour to God and the King , and of Ruine and of Destruction to the people . FINIS . Notes, typically marginal, from the original text Notes for div A34365-e180 * Quicquid est quod dat patri filius , utique minus est , quia hanc ipsam dandi facultatem patri debet . Seneca , lib. 3. † 1 Tim. 5. 4. ( a ) The Stork . * St. Leonards Colledge in St. Andrews in Scotland , and Graies Inne in London . Notes for div A34365-e370 lib. de Moderatione in disp . Servand . Ad rusticum Monachum . * Jerom. cap. 1. ad Titum Ep. ad Evagrium . A36358 ---- Monarchia triumphans, or, The super-eminency of monarchy over poliarchy or Of the government of one above any free-state or other kinde of soveraignty in many. Dormer, P. 1666 Approx. 55 KB of XML-encoded text transcribed from 15 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A36358 Wing D1929A ESTC R30984 11753087 ocm 11753087 48622 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A36358) Transcribed from: (Early English Books Online ; image set 48622) Images scanned from microfilm: (Early English books, 1641-1700 ; 1483:16) Monarchia triumphans, or, The super-eminency of monarchy over poliarchy or Of the government of one above any free-state or other kinde of soveraignty in many. Dormer, P. [4], 24 p. [s.n.], London printed : 1666. In verse. "To the reader" signed: P. Dormer. Reproduction of original in Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Monarchy -- History. Great Britain -- History -- Charles II, 1660-1685. 2006-10 TCP Assigned for keying and markup 2006-10 Aptara Keyed and coded from ProQuest page images 2007-08 Taryn Hakala Sampled and proofread 2007-08 Taryn Hakala Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Monarchia Triumphans , OR , The Super-eminency of MONARCHY OVER POLIARCHY , Or of the Government of ONE above any FREE-STATE or other kinde of Soveraignty in many . Wherein Regall Government is compared with a Republick , and proved by many Arguments to be the best , the most natural , and necessary for these KINGDOMS , as it is novv established in the Sacred Person of CHARLES the Second , King of Great Britain , France , and Ireland , &c. Blessed art thou O Land when thy King is the Son of Nobles , Eccles . 10. 17. Deut. 11. 27. Titus 3. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Homer . Let 's have One Head , One King , who will have more Heads to his Body , may have many Score ; If to One Head thou wilt not faithful be , To lose Thy Head , it is most meet for Thee . London , Printed in the Year , 1666. To the Reader , IF such Essayes as vindicate Protestantisme from the Calumny of its enemies , that it doth not provide so well as other Professions for the Security of Princes , the Obedience of subjects , the prosperity of Nations , which have their mutual dependance upon the excellency of the Government established be of highest use and deepest concernment . Then may this Poem pass with the Universal Applause and Acceptance of all good Subjects and knowing persons ; especially in such an Age wherein there have been and yet are Extant , so many thousand Pamphlets against the present Government , which would possess the ignorant , and heedless Readers with belief that a Free-State , or Common-wealth , which the wise man tells us are the curse of God for sin , were the only Diana of the Brittans , which these Nebocadnezars would have them worship as their Idol , or else be for ever miserable . And in a time wherein there are so many refusers of the Oaths of Supremacy , and Allegiance , and so many who take them with such Reservations , and Misprizions , as have a wide gap open for their Covetousness , Ambition , Envy , Ignorance , Discontent , and the like Hypocondriacal Passions and Frenzies , to enter on the Stage and to steel them with Brainsick Resolutions to act their Parts in new Combustions and Innovations , Even in such a season ( horresco referens ) when Gods Visitation was amongst them , and he made so strict an Inquisition after such incorrigible enemies to the peace of his Church some of whose late Hollandizing Conspiracies have forc't from me this Antidote against the like Distemper , with which there are many thousands infected , in City and Countrey ; such as have heretefore , not only impeded the Grandeur and glory of the Brittish Empire , but have changed the reputation of the most famous Nation , into the infamy of devils : and which if we may belive our English Nestors , is now more Epidemical then Wise men imagine , and which by sad experience we find curable only by amputation as a Gangreen , and as infectious as the Plague . And surely the general Ignorance of the most of the sense of the fifth Commandment , and of the Fundamentals of Religion , and the fruits thereof , their disobedience to their Spiritual and Temporal Parents , have been the Fathers and Mothers of the last Years Plague here , and of all Gods Judgements which are or have been in Christendom . I hope as this Poem hath been , and will be a good 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or eye-save to me who else had been blinde with writing it out so oft as I was importuned : So the Cogent Arguments therein illustrated , will prove like so many perspectives to all impartial Readers to behold and admire with me the order of the Hexameron , the glory , the necessity , the excellency , the Divine Majesty of Monarchy above all other sorts of Governments ; but if there be some of whom it maybe said , Etiamsi satisfacies non satisfeceris , Here they are brayed in all Gods Mortars , which Solomon alludes to Prov. 27. 22. 1. Of Precepts and Canons Divine and Humane . 2. It Points them to above 300 Presidents of Conspiracies Jewish and English . 3. Of Gods Judgements , which not one of Millions from Adam to this present Year ever evaded . 4. Of Gods Mercies to obedient Subjects , and injur'd Kings and Prelates who have liv'd to see their Enemies perish , like Oreb and Zeeb at Endor ; but their own Crowns and Mytres to flourish on their Heads , as I heartily wish they may in Great Brittain , and Ireland , whilst the Sun and Moon their lively Emblems shine upon them : And if all these Mortars will not bray them in their right Wits , there are two or three more in your power , as well as mine , which are serious and assiduous prayrs for them that they may be throughly taught their dutiess to God and Men , and may obtain sound and saving knowledge , and obedience ; and that publick and private Iustruction and Fasting may not be omitted ; for Ignorance is an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and Obstinacy an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which will not be exorcised without them . It remains that you and I retire to the exercise of them , as becomes you and theirs , and Your unfeigned Votary , P. Dormer . The Triumphs of MONARCHY OVER ANARCHY : Or the Rout of all Rebel-Republicans . WIth Alpha and Omega to Begin , Of Monarchs Monarch , of all kings the King ; Doth he not govern all the World alone ? That Realm's lik'st his , that ruled is by one . The Soveraign Power is Forces union ; Monstrous , weak in many ; strong , right , in one . Pythagoras ascribes to one what 's due to God , Said it was Male , and Female , even odd ; The King of Numbers , and that unity , Was the worlds Soul , and the souls Harmony : The Fabrick of the Grand Hexameron , Assign'd was to the Government of one : And in that one the Understanding seen As King , next it the Will doth reign as Queen . One Head rules Soul and Body without Schismes , All Figures rise from one , one makes all Dismes . Thus in the body Politique we see , One multiply'd to make a Family ; And Families makes Towns , Towns Cities make , Both Provinces , whence Kingdoms being take . All Powers , Force , Counsel , in Immortal Man Call'd King are joyn'd ; what they cannot he can . David must stay , not go to th' Camp to fight , His life 's worth Armies , Israel loves her light . That is the best you 'l grant of Governments , Which Gospel brought , and keeps where most dissents , But such no Major Vote or States call'd free , To fix in Brittish Isles could e're agree , For still the Major part hath prov'd the worse , And would be rul'd by Juda's sword , and Purse ; Betray the Truth , Religion , Innocence To fools and slaves of Wilwispt conscience . How was it then you 'l say in Holland seen ? 'T was thither brought by Nasau , and our Queen . First Kings rejected Popes through Christendom , Else they had rul'd all till the day of Doom . Those Raging Waves the giddy multitude , Like to themselves , have principles most rude ; They hate sound truths , Dote upon Novelties , Hunt for new lights , although they be old lyes . They 'r fierce for Liberty of Conscience , Satans chief ordinance , ' gainst God , Truth , Sense ▪ Who e're saw Storms , Lightnings , Thunders , Legion Of Devils , but in Aires Lowest Region ? The King-fish hath no foes but the Sword-fish And Thrasher ; that good Kings had none I wish ; Then Brittains bless the Lord from Pope and Sect , Who hath you freed by Princes six select . O Europe praise Jehovah King of Kings , Who Kings you gave , who Gods pure word you brings : By him they rule , he gives them Crowns and Birth , And under him they 'r th' Atlas of the earth . That Protestants should boast , could Foes abide , Th' had Europes greatest Monarch on their side . One o' th best works for 's Church our God could do , Let 's daily drink of Praise one cup or two . Now he may make King Charles the Corner-stone As ever Brittain rul'd , of as high Throne : But Bankrupt States , like Brokers base were bent , To patch their Crack't States , though three Realms they rent . They acted were by our vvorst Foes and Rome , To bring our King and Kingdoms to their Doom . Where most perfections meet in one , such things As much excells as Diamonds brass Rings . Thus the worlds Soveraign , Angels doth excel , More then Heaven , Earth , Men , Beasts , which here do dwell . Thus Souls the body , bodies that are mixt Surmount the Elements in one place fix't . All Creatures sensibles and Rational , Surpass the sensless and meer Animal . Ashwerus Medes and Persians their Kings call , That 's Sovereign power in one which can do all ; So sure as their Law , Monarchy sole Heir Of Governments ; the rest but Bastards are ; Desired Accomplishments meet all in this ; All Powers , Force , Vertues , do each other kiss . The two Estates did make so much ado , All with Pythagorists Curse number two . New Lords , new Laws , new Gods , nevv Troubles bring As was in Layish Israel , when no King ; And in the Persians five dayes liberty , Which made them love their Kings , hate Anarchy . So when we had a thousand Kings and more , As many Jarrs , who should be King them o're , They tyr'd us all , and made us loudly thump , And cry , God save the King , and hang the Rump : Since quietly in Brittain , France , and Spain , Yea through the world Dead Kings revive again , And one succeeds the other with much ease , Death one Uncrowns , the other crown'd in peace . O King of Kings , whilst Sun and Moon doth reign , Let 's ne're want Kings to guide King Charles his Wain , And may he live thrice o're his years again . What is a Commonwealth , but common woe , Where each mans wealth 's made common unto moe ? A Common-wealth's a Common Lottery , Where fifty Blancks for one good chance we see . A Common-wealth's a Common Weathercock , Which whirles about with every winde and knock . Whilst Phaebus past twelve signes i' th Zodiack , As many changes nigh made Brittains Quake . When Lords were all cashiered , and honest men , None left but Fools , and Slaves , and Traytors then : What was a Commonwealth but a Fragment , A Scrap , Fagg-end , a Rump of Parliament ! 'T is a false Mirror cannot represent The peoples understandings , wills , consent . A Bedlam Babel ; what do you call it , Where Rowlands will is rul'd by Randals wit ? And such as have nor t'one , nor t'other , Are rul'd by the Whimsies of another ; When many go to Feast , or Funeral , From the vote Major , Minor carries all : Then Commonwealth's a Common Juglers Box , A Hoca , Poca , Major , Minor Vox . A Commonwealth's a state Hermophradite , Where He 's by day vote , She 's unvote by night . Democritus laughs into a Horaclite , To think for mastry how she-States did fight . Nay , what 's a Common-wealth , but Common Whore ? With Nobles Honors prostrates to each Boor. Our Common-wealth it was a Common Pander , To Sects and Factions , which about did wander . A Common-wealth's a common Pestilence , Where Passions vote ' gainst Reasons Common sence . That ours was Ante-Christ who can deny , Whose Horns gor'd Christ , whose Heads did him defie ? Mark what Greeks said of Greece , who saw 't flourish , When Kings Greece rul'd , by many rul'd perish . When first these Fiends of Hell , you guess their names , By Greeks we 're courted like two Cyprian Dames ; The Nations round jear'd Greeks which fear'd their fames , Scorn'd Greece , when Greece burnt Greece with civil flames . By Fiends are meant Free-States , and Common-wealth ; Since these Greeks rul'd , we Trojans had no health . Our Rulers Bedlam Regelments by moe , Teem'd with as mad Effects as e're brought woe ; Then worst of Rebels is Republican , Though Independent , Presbyterian , Where e're had Zimries peace against their Masters , Who ' rose and fell not by some sad disasters ? Hence let no new Sectarian Schelies Lead you to Traytors Dire Ends , and Follies . The world a Chaos were of huge variety , Wer 't not to order brought by Monarchy : Jah ruleth all , the Angels Michael , Who all the Rebels cast from Heaven to Hell. The Sun rules Stars , Sphears , Sphears Imperial , All causes end in one , the cause of all . In the Malignant Church false Heads we see , I' th Militant Triumphant , one must be ; All Arts are Handmaids to Theology , Whose wonders men and Angels stupifie ; All Books but empty Pamphlets are to it , Which God hath spoke , and with his finger writ : In Fire , in Air , Earth , Water , and in Hell , The rule of one doth sway and bear the Bell ; Fire above Air , Air Earth , earth waters fix't , Gives life , and doth consume all bodies mixt . Ducks have their Drakes , Cranes have their Kings they say , All feathered Creatures their chief Males obey , But o're them all the Eagle bears the sway . Base Locusts , Grashoppers , Insects , and Flies , Who have no King , by their confusion dyes . Others live long , as th' Ant and Royal Bee. A Guard who keeps , lives , dyes in Majesty . Their Hives , Walls , Combs , Cities , Holes , Houses are , Stings are their Arms , one rules in peace and war. O're Papers Venice , Brown , Lombard , Horn , Demy , Royal , Cap , super Royal , Perial , Imperial . Heards have their leaders , Rams their flocks of Sheep , All Beasts to th' Lion , like Jackals do creep . O're Stones the Carbuncle , o're Mettals Gold , Of which Kings Crowns are made , for which they 'r sold ; O're all the scaly Monsters in the Sea , The Whale's the Tyrant , him they must obey . By Nereus sons , when caught in Greenland sound , Leviathan's priz'd at five hundred pound . The Basilisk a Crown on 's head doth wear , To shew o're Serpents he doth Domineer . O're every sort of creature Kings to fit , Requires a Tome , their Nomenclators wit ; Each Master rules as Monarch Politique , His Children ; Servants as King Despotique . One entire Nation in the world throughout , O're it be Kings , if you can finde without . If you 'l believe Saint Hugh who pearcht in tub , He was in Hell , there 's but one Belzebub . Thus from the highest Heavens to the lowest pit , The worlds Grand Monarch , Monarchy hath writ In his vast Volume of the world , that here Men might their God , and his Vicegerent fear . That none might Witchcraft of Rebellion draw , From Devils presidents , and call it Law : Since Michael down from Heaven those Rebels threw , Shew me one Rebel thriv'd of Rebels crew . By all the Laws of God. our Charlemain Is plac't in 's Throne , obey your Sovereign . Mark how our Statists natures Course pervert , When they the rule of many would assert ; Suppose more Gods than one to rule the world , It soon to Antique Chaos would be hurl'd . Were Satan , Gog , and Magog , heads o th' Kirk , If Christ help not with Saints , they 'd make mad work . Parelii shone whilst Edward Fourth did fight , Paraselenes did the Romans fright ; But rul'd so many Suns and Moons i' th sky , You wonld believe Doomsday vvere very nigh . Make Pompey's Rivals in grand Cesars Thrones , Millions they 'd turn to Skulls , and dead mens bones . Priests in each Tovvn set many Sects to preach , The vvayes to Hell sooner then Heaven they 'l teach . Of many Doctors , Patient be at cost , Take all their Physick , sure thy life is lost . To many Lawyers put a doubtful case , ' T vvill look like Barred Pictures Protean face . Who loves a rule by many let him try , He shall have plagues enough in 's family . Set Generals o're each army tvvo or moe , They 'l thrive like ours vvho did to Hayty go . Three Colonels each Regiment lets loop , Four Captains to each Company and Troop , Five Admirals in chief one Fleet command , Ne're shall Victoria light upon their hand . Siz Pilots set o're every Snip you have , Then Port in Seas they 'l sooner finde a Grave : Seven Lords t' each Mannor , t' each Family , Eight Husbands to one Wife as vvell agree . Nine Heads t' each body , such a comely sight , The Devil out of 's wits perchance would fright . Ten Rams , Bulls , Bucks , to lead your Herds and Flocks , Would Horn each others pate , with bloody knocks . Fancy there were in each Hive eleven Kings , A cruel Fight you 'd see with deadly stings ; Twelve Cocks o' th Game set free out of your pens , They 'l fight till death for Lordship o're your Hens . Thus topsie turvey they the World do turn , And all the Creatures which at Monarchs spurn . These wilde Conceits like their mad rules th' have left Them , Skip , Bear , Steal , I 'le answer for your theft . In all the world shew me one Commonwealth Without a Sovereign Power had peace or Health , Acted by Artificial Kings and men , Or to a Babel all return'd again . What did our Slaves States do in twelve years space , But Sword mens wills o're those in highest Place ? Without Chymerian Kings was no conclusion , Unless in jarring , Factions , and Confusion : If such with Native Kings you shall compare , You men , they Kings in cloth of Aras are ; Then are Republicans the worst of Traytors , May Cities Gates yield unto such Heads , Quarters . Kings but in Nonage have Superiors ; Assemblies ever are inferiors To Consuls , Projectors , and Dictators , To Generals , Presidents , Prolocutors ; Thus had the old Lacaedemonians Their Ephori , Censors th' Athenians , And Cosmosses the Carthaginians , Tribunes the Romans , Doegs the Venetians : These rul'd the roast under some feigned name , And us'd more rigor , power with Kings the same : And wheh these slav'd Estates were put to shift , They set up Kings to help at a dead lift . Thus Romans boast their Scipio's , Fabius , Hated as were Camillus , Manlius , Athenians , Thrasibulus , Pericles ; Theb's , Epaminondas , Thucydides , With many others who have their Country As Kings who rul'd , when States had them enslav'd . States Mongrils like do run , when Wolves draw near , But Mastiffs fight , so Kings when Foes appear . Then needs must States yield unto Monarchy , Which in great'st troubles is their Sanctuary . The creatures of Assemblies were for aye , Vast in their numbers , greedy for their prey ; To borrow all they could they licenese had , Protected ne're to pay , to promote trade : But Kings have Mordecays , Josephs , who bring As Kings to them , like profit to their King. But our Grand Hydra swallow'd Steeples down , Churches , Delinquents Lands , and those o' th Crown , To keep their Crowd of Saints Lives and Estates , Of a full Million felt disastrous fates . Cart loads of Coyn twice more they did divide Then David for the Temple did provide : 'T is easier , cheaper for 's to maintain one Then thousands , which brings mischief , good to none . Slave States are but the fragments of some Nation , Drove into Holds , and Forts for their Rebellion . How can they Grandeur either get or keep , Like sneaking Eunuchs which in holes do creep . By marriage they can ne're as Monarchs thrive , A wonder 't is by shifts they hated live ; But Kings more Kingdoms do by Venus get , Then all Free States by Mars i' th world have yet More Realms , Isles then the Royal house of Spain . Or Austria by their Queens , our Kings did gain . Some twenty Kings long canton'd Brittish Isles , Mars gave them not King James but Hymens smiles , O're Spain John of Gauuts Daughters heirs now Reign , Our Kings by wedlock are heirs of Brittain , Normandy , Poictou , Anjou , Aquitain , All France ; in Paris shall be crown'd again , When they their Lions , Harp , and Flowers in France , With Arms ne're Conquer'd shall through it advance . Our Kings have on their side God and all right , Which makes our mens like Lions in their sight : The French like Lillies pale it doth affright , That five to one of ours they ne're durst fight : Did they e're Battle win these thousand years , Unless with Scotch , Swisse , Mountaineers , Normans , Higlanders ? and when five to one , Small numbers oft subdu'd their Nation ; This truth to clear we need no Tomes recite , But Agincourt , and Cressy , Poictou Fight : Alas poor sneaks , when e're we them assail , We needs must conquer , now their old friends fail , The Pope set York and Lancaster by th' ears , Which lost us France , brought Wars , and seas of tears ; Else all were ours w 'had nigh five hundred years , So long the world the Englishmen did fear , And thought that they the bravest Nation were . Had our King all of Kings and Queens as heir , Most Potent Prince in all the world he were : King Charles had with his Queen strong Towns so rare , The next to them the names of Kingdoms bear ; Besides , her Dowre then many Queens was more , Her Grace , Parts , Vertues , tentimes worth that o're . Thus all our Noblesi Families do rise By Nuptial Bonds , which States to States fast tyes ; True Lovers Knots tyed by Gods Hand and Word , Faster joyns Crowns and Lands , then Caesars Sword. If we so fast as Spain and Dutch Lands take , Our Mars and Venus soon great Realms may make Of Mighty Princes ; 't is best Husbandry , Their swarms of Poor well planted out to see ; To th' body Politique more sad events , Then natural to void no excrements . Marriage five Crowns in one for us doth blend , And may five more if God them please to send : Fly Capon Commonwealths , love Monarchy ; Court not gelt States , hate Bastard Polarchy . Brittain by Kings , and Queens by Kings grew great With Kings and Kingdoms , States a Hell hatcht cheat . But since our zealous States plead Text , and Faith , Mark what for Kings ' gainst them the Scripture saith ; Jesus of Nazareth , King of the Jews , And Gentiles too , as Sacred Writ you shews ; In whom vvere all the Prophesies made good , Which e're vvere made to Judah's line and blood : As he by Priests his Laws to men doth teach , So o're the world by Kings his raign doth reach . Kings are his lively Image , his Vicegerents , Who best his Power and Glory represents . Since Christ's the King of Kings , of Lords the Lord , Then Anti-Kings are Anti-Christs by th' word . God promised to Abraham Kings of 's ●eed ; Of his svvorn truths vvorld you make lyes ? take heed : And Kings and Queens unto his Church he 'd raise , Fathers and Mothers to its good , his praise ; And Kings to Judah vvere the greatest bliss , Jacob foretold ; That them ye hate , vvhence this ? Balac said Balam blest , vvhen Kings to Jews , Like Agags , Unicorns , Lions he shevvs , And that the shout of Kings vvas in their Camp , No Foes Inchantments could them ever damp ; God vovv'd that Israel should live secure , Meaning vvhilst native Monarchs did endure : With greatest blessings he Jesuron foster'd , The chiefest vvas they to a Kingdom prosper'd . VVhen Kings had Kings their Heirs , the Jews confess , That God did them above all people bless ; By this the Kings and Sheba's Queen did prove , That he did them above all Nations love : Kings strongest motives in Gods Writ Divine , To goodness vvear ? he'd Crown Kings of their line : No Princes vvickedness did void Gods Oath , Nor can absolve from our sworn Faith and Troth : As his , so ours was sworn to th' Royal Line ; We 're perjur'd against Heirs if we combine . For Kings by Gods Povver , Rule , live , dye ; and vvhen He 's pleas'd , he hath done vvonders by levvd men : Our valiant Henrys , Edwards , Richards face Who darst , vve leave their Vertues to Gods Grace . If Crovvns from vvicked Kings Subjects might take , Mad vvork i' th vvorld as oft it did , 'tvvould make : VVhy then vvas David unto Saul so tender , VVho for revenge true Loyalty did render ? He darst not touch the Lords Anointed ; Many Rechabs vvere for this disjoynted . Unkinging Kings to Jews brought dayes of doom ; Such Papal Facts , like fruits to Christendom . Of bad Kings this sharp Rock Rotation , Though for a good , oft splits a Nation : Balam , Saul , Judas , told truth as the rest , So have levvd Kings conqner'd and reigned best . VVhen God allovvs not vvords , bad thoughts of heart Against his Kings , lest Angels them impart To Subjects vvo , that they may plagued be , VVho dares resist Royal Authority ? The Jews and Gentiles Restauration , Began vvith Christ his Coronation ; The Sacred VVrit him sets on Kingly Throne , As oft as to the World his glories shovvn : By Kingdom he presents his Dearest Bride , VVhen she in Chariot pav'd vvith love doth ride . But vvhen his Bow against her he doth bend , He threats t' uncrown her , and her Scepter rend : And vvas not this of all his plagues the vvorst To his Beloved , vvhen of him thus curst ? This , this to Jews stands for a lamentation , Sign of Gods vvrath , their utter desolation : Praised be his name , Zanzummims han't their vvill VVith vvorst of vvoes , three Kingdoms vvho vvould fill . That our King vvears his Scepter , Sword , and Crown , Th' Emblems of Power , of Empire , and Renown , And may his Heirs till Sun and Moon go dovvn . You see how highly God and Scriptures Rate Kings , Titles , Honors , Orders , Royal State , Sets Monarchy all Governments above , Whereby he rul'd from Moses time his Dove . Then let none dare who God or truth do love , Against their King or Kingship Traytors prove ; But them obey for Gods and Conscience sake , That he them blessed may , not cursed make : But if to murmur Rebels be so bold , Let 's in Gods word their Rise and Fall behold . Rebellion first began in Heaven , thence fell The Dragon and his Angels down to Hell. All sins abridg'd in disobedience , By which man fell from state of Innocence , Fot which he was expelled from Paradise , And from the tree of Life of unknown price . The Serpent for Rebellion licks the dust , Women in pangs brings forth men , Earth's accurst . Cain was vagabond i' th Land of Nod ; Rebels to Prince and Parents , hate of God. The old world crowned chiefly was for this , Five Cities burnt with Fire , which did amiss ; Aaron and Miriam smote with Leprosie , Because their Soveraign Moses they defie . Of Corahs company the word of truth Shews fifteen thousands sad and direful ruth . Five Kings did fall by Chederlaomer , And King Hosea fell by Shalmaner ; Abimelech and Sechem with Gaal , By mutual Treasons got their utter fall . A Fire came from the bramble which did burn That Rebel Town , and made of it one urne . When Sheba's head was Joabs , then they went From Abels Town each man unto his tent . Did Absalom or Adonijah thrive ? They thousands spoil'd , more pardon left alive . Re●bah and Banah who their Soveraign slew , David their hands and feet expos'd to view : Sad Fate o'retook that line , sons of Nebat , Whose Calves for ruine soon grew Bulls full fat . Ahab his sons and Queen came to disaster , And had false Zimri peace , who slew his Master ? No , for he kill'd King Ela , felt Gods Ire , Him Omri forc't with the Kings house to Fire . Though Jehu to his work was call'd by God , Justice and Mercy kist and burnt the Rod. Manahem slew Shallum , Zachariah , As Hoshea slew Peka , who kill'd Pekaiah , So Ammons Servants , who their Master kill'd , Were slain when good Josiah his place fill'd . Queen Athaliah slew the Royal Seed , And rul'd until their Wounds made her to bleed . Joash his slaves slew him , he Zachariah , But they were all slain by Amaziah . The Books of Kings , more foes to Kingly Race , And many Traytors to sad ends do trace ; Besides their Armies which in battel fell , Without remorse it knoles your pass to Hell , Amend , repent , so live , and so dye well . Though Sacred Writ we value most of all , Each History is full of Traytors fall . Each Age and Country shevv sad Presidents , Of Rebels Fates , to force them to repent . Two hundred thirty cursed Plots and Treasons , ' Gainst Kings and Kingship without all reasons , We since the Normans times and Reigns have seen , But th' authors of them still have hanged been ; And so must they who dare to shew such tricks , For they against Gods Laws and men do Kick. What is become of those conspir'd the death Of Englands Mother , call'd Queen Elizabeth , And for their Countries ruine close did wait ? Let Spain and Papists think of Eighty Eight , Of those King , Queen , Prince , States , and Parliament , To blow up with three Kingdoms did consent . How hath this Island Reel'd in her own blood , Of troubles , twenty years o're ran't a flood ! Rebellion hath the Scots of glory stript , And Ireland strangely , for it hath been whipt , By wondrous means and by a Rebel Rout Of Martin Markings , and Marprelates stout : See their Heads , Quarters , o're the Cities Gates , All Rebels are destin'd unto such Fates . The Sacred Trinity with one consent , And Scriptures prove , this the best Government . The Champions nine fought all for Monarchy , None lov'd Kings more then sisters three times three . The Jews had but confusion , nothing In Israel , when time was there was no King. Moses as King did in Jesuron raign , Judges and Kings had the power Soveraign , Till Shilo ▪ came , who rules as King of Kings , And under Monarchy all Nations brings ; Prophets , Apostles , taught's to love and fear , Them to obey ; pray for , not scoff , or jeer . The Persian sages after long contest Of Arguments prov'd Monarchy the best . Mecaenas and Agrippa told Augustus , Your wise men all , chuse one , else ne're trust us . For Kings our Brittains who were stout and wise , Ventred their fortunes , or have lost their lives : So all our States-men could say Boh t' a Goose , Which voge made them Leards of the other House . Great Alexanders Master Aristotle , Bias who carry'd all in 's Bag and Bottle , And all the rest of the wise men of Greece , Said one Rul'd all , as Gander rul'd the Geese , That if there were i' th world one Mome or Goose , Lov'd many Rulers , let him try 't in 's house : And in such peace and order he should dwell As Locusts do , worse then the Fiends in Hell. Old Philo saith as Kings o're all we see , And God o're them , so Nations ruled be : Thus stood for one the wise Pythagoras , As for black Snow did Anaxagoras ; So all the rest as Homer , and Dion , With Plutarch , Seneca , and Zenophon ; So did Theodoret , Basil , Cyprian , Chrysostom , Austin , and Tertullian : All Counsels , Fathers , Latine , Greek , Which were most godly , learned , grave , and meek ; There 's scarce one School Boy but doth know it , How Kings are prais'd by every Poet ; How Homer , Virgil , and each Poet sings The noble deeds of Mighty Queens and Kings : Thus Armies great of Pen and Inkhorn men I might produce to tyre your sight , my Pen. For honest knowing souls too much ; for fools They ne're will learn , till taught in Gate-House Schools . That Regelment's the worst which sowes the seeds Of sects , and Factions and Seditions breeds , Which points the way to Moles and each base lown To creep through Heads of Factions to a crown , That Tyrants and poor upstarts many more Then we could bear , or keep us placed o're , Which Tygers , Wolves , and Foxes manifold Allow'd , by whom Nations were bought and sold , Which kept us all in daily doubts and fear What Rule and Rulers we should have each year ; Made strangers far and near refuse our trade , Because they thought all Rebels are stark mad , Which cry'd with Harlots lewd , Divide the child , Such Mothers Brittain lately did beguil'd ; Which noblest men , and Mindes , and Clerks despight , And in the Scum of Sects and Folks delight : Which of each Draggons Tail , and Hell-bred Faction , Projects and Acts for Toleration ; Which vote free Denizons for their base ends , Turks , Popes , and Jews , and the infernal Fiends , Which coyn'd Engagements , Vows , and Oaths so fast , That millions were forsworn or first or last : Nurses so many , mock-controwlers , sects so lewd As fill'd each City , Town , and house with fewd , Which doth confound High , low , wise , fools , rich , poor , Arms Slaves ' gainst Masters , shuts them out o' th door ; Which like to Comets poyson did distil To all below , and them with Plagues doth fill ; Or like Saturnal Planets in their Sphere , The higher still the more Malignant were , Which lickt the Cub of Reformation , Till Love , Faith , Truth were out of fashion ; Which kept the people in blinde Ignorance Of Fundamental Truths , as in a Trance . O sad that one-in hundreds scarcely knew What each one 's sworn to ; Church by States thus grew ; The first Imperious teacher of a lye , By such ( dark souls ) was ever most set by ; That Priests and Parents all should teach an Act Was fram'd by some , the most deny'd the fact ; 'T was Ignorance and Sects let in the Turk To Asia , Greece ; like Crimes , like Plagues will work . Wo , wo , wo , wo , to Christians who profess Christs Laws , then his worst Foes yet knovv much less , Which did destroy like Fiends vvithout all fears All Saints good works , of fifteen hundred years ; Though but half Crowns Gods portion to them yields They sold it all to buy the Potters Fields ; Which make men covvards like the heartless Hen , Hence all States fight by Mercenary men : VVhen our stout Henry's , Edwards , fought vvith French , Did they not soon make foes , though millions , slinch ? An hundred times they made the Scots and France To quake , vvhen they began their Martial Dance ; But our States Soldates did vvhat ne're vvas done ; Ten thousands from one troop of Negroes run , VVhereby they millions lost a golden Town , VVith it vvorlds richest Isle , and their Renown . Of Artificial men sans souls a crovvd Are States , vvhich name all Villanies doth shrovvd ; For there 's not one hath Conscience , Reason , Faith ; All 's publick , and not private each one saith . That Government without all doubts the worst , Which is the great'st Plague for sins accurst , Which is such ugly Monster , full of shame , That Anomos in Scripture is its name ; Rac't out o' th Calendar all Holy dayes , That Gods , Kings , Saints works none might do or praise . Most fearful Fates surpriz'd their rotten bones , Who Souldiers , Cripples , Poor reliev'd with stones . God makes men great for Thousands good ; State Elves , Careless o' th poor , cry'd , Ah , ha , ha , for selves . Were every twig a Pen ; Earth , Paper ; Seas , all Ink ; Men could not write all Crimes of States I think . That 's the Best Rule which all distempers cures In Church and Realms , keeps them , their health secures , Which to our sinking Ark , like Noahs Dove Brought truth , and Peace , and th' Olive Branch of love , When both our Isles were tost like Ship on Seas , Charles hush't all storms , and they in calms did cease , Which makes them like one Cornucopia , In plenty excell Scicily , Candia , Causeth these Isles of Dogs , or Devils nam'd , With proudest pieces of the world be fam'd : When foes would quite destroy our Nation , Blur our high deeds and reputation ; Takes care that Neptunes sons like lacky boyes Tread on Sols heels , without all foes annoyes : With us the Nations trade , if Charles agree , Which Sun , or Moon , or Poles , or Stars do see , Where Justice mixt with Mercy , doth abound , Vinegar in sweet Grapes opprest , is found ; Where Courage mixt with Faith , and Love , not fears , To pluck the prey out of the paws of Bears ; Where no good useful man preferment lacks , As most of late did under Mushroom facks ; As Phaebus light imparts to every Star , So Charles gives Honors to worth near and far , Which purges Locusts and Caterpillars , And such as are to Kings and Realms ill-willers , To th' body Politique as sad events , As natural , to void no Excrements : If fifty years Goal-birds had been sent o're , Kingdoms and Isles we'd had as many more : Thus when the Gardiner evil Plants doth weed , He findes much better grow good Plants and seed ; Which care doth take the poor abroad to plant , Lest thousands dye with hunger , cold , and want ; VVhich makes all people learn the Truth , VVant of such knowledge is a Kingdoms Ruth ; God and King Charles this work may bring to pass , Do more in it b'our Kings then e're done was . To know and to obey's pure Reformation , This learn't and done , makes glorious King and Nation . The Spirit calls knowledge the Key of heaven , VVith Grace , Obedience , it souls doth leaven ; Sermons won't do 't , nor VVardens much forsworn , This work is Gods , Gods must lead the forlorn . That rules the best which longest doth endure , All these good things performs , States faults doth cure ; No Star so bright i' th sky , but hath its spot , To have no fault is Gods , no Creatures lot : And let Jehovah Thunder , or Rain , or Shine , He can't please all , nor Kings , though men Divine . You 'l say 't is Verrue Crowns Kings Governments , Then happy we in ours to all intents ; His comely presence , meekness , majesty , Do Adamantine lustre far out-vye ; If to be highly born it is great bliss , VVhat Prince for Birth may you compare with his ? If Heirs are blest of God , Usurpers curst , From Brute , what King had title e're more just ? If wise men Princes Marriage much look on , Behold his Queen , the worlds chief Paragon . Great Charles the Second is of our Kings first By 's Queen t' each part o' th world , whose rule doth thrust Paire-Royal Nations , Indies in her meets , More worth then in all Mines , and Golden Fleets ; For Royal Issue there 's no doubt of Heirs , God will hear theirs , and millions of our prayers : If Crosses breed rare men , best tutors are , VVith Joseph , David , him you may compare ; For Courage , Prudence , Truth , and Constancy , Match him who can without Sycophancy ? He patiently endur'd heavens indignation , Until he wrought his Restauration . So free from pride , self-ends , and false renowns , VVith Kingdoms ruines he refus'd his Crowns ; Joy'd not to have his head crown'd with your loss , Stay ▪ d till God crown'd his head , your joyes , his Cross : Foes crying sins , their scandals , obloquy , He hides from pennance , by his Amnesty . He griev'd to see his Mother Church so torn By Sects ; so stript , left Rachel like , forlorn , He did for her the best he thought or could , VVhat modest Church-men either wisht or would . He cannot scoff , but pitty th' ill behaviour Of Brain-sick folk , as mad as e're was Naylor . For Justice , Piety , Religion , Shew me his pear in any Region ; The Giddy Rabble feared less you know State ordinance , then Juglers Jubeo . Dead Rulers Junto Laws , were Crows to scare , But Just Kings winged Courts of Justice are : Hence Kings in Thrones of Justice with the eye Are said to scatter all Iniquity . He frequent is with God , familiar In Prayers , not Oaths , as many thousands are ; Him for his bounty why should any blame , VVhose Thrift , and Temperance , doth millions shame ? To Gentry , Commons , and Nobility , He 's a rare Pattern of Sobriety ; To all the world he freely doth declare , Rebels to God and Laws , worst subjects are : Debauched men though great he cannot brook , On such as his worst Foes he e're did look : VVhat good of him our Senate doth desire For God or Countrey done , he doth require . Behold your King then thousands is more tall . In Grace , Power , Vertues , higher then you all . VVhen Kingship , Persons , Vertues thus you see All meet in one , happy 's that Monarchy . Not Solomon in 's Glory may compare VVith Brittish Rose , and Lillies , they 'r so rare . Caesars best wishes . Subjects votes and Praise His Head crown , and to th' highest Heavens up raise ; Of millions Prayers as he the Subject is , So may heavens Blessings showre on him and his . FINIS . A41311 ---- The power of kings, and in particular of the King of England learnedly asserted by Sir Robert Filmer, Kt. ; with a preface of a friend, giving an account of the author and his works. Filmer, Robert, Sir, d. 1653. 1680 Approx. 33 KB of XML-encoded text transcribed from 9 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2006-06 (EEBO-TCP Phase 1). A41311 Wing F926 ESTC R19499 12043326 ocm 12043326 53029 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A41311) Transcribed from: (Early English Books Online ; image set 53029) Images scanned from microfilm: (Early English books, 1641-1700 ; 67:21) The power of kings, and in particular of the King of England learnedly asserted by Sir Robert Filmer, Kt. ; with a preface of a friend, giving an account of the author and his works. Filmer, Robert, Sir, d. 1653. [4], 12 p. Printed for W.H. & T.F. and are to be sold by Walter Davis ..., London : 1680. Reproduction of original in Yale University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Monarchy. Monarchy -- Great Britain. Political science -- Early works to 1800. 2005-11 TCP Assigned for keying and markup 2005-11 Aptara Keyed and coded from ProQuest page images 2006-02 Judith Siefring Sampled and proofread 2006-02 Judith Siefring Text and markup reviewed and edited 2006-04 pfs Batch review (QC) and XML conversion THE POWER OF KINGS : And in Particular , OF THE King of ENGLAND . Learnedly Asserted , By Sir ROBERT FILMER , Kt. WITH A PREFACE of a Friend : Giving an Account Of the AUTHOR and his WORKS . In Magnis voluisse sat est — LONDON : Printed for W. H. & T. F. and are to be sold by Walter Davis in Amen-Corner , near Paternoster-row . 1680. THE PREFACE . WHoso would go about to speak Sir Robert Filmer's worth , hath no more to do but onely to Number and to Name his Writings , as they were written in the following Order . Questio Quodlibetica , or a Discourse of Usury , written about 1630. and first published in the year 1656. Patriarcha , or the Natural Right of Kings maintained , against the Unnatural Right of the People to Govern , or chuse themselves Governours . Written about the year 1642. and never Published till of late . Of the Blasphemy against the Holy Ghost . Published in the year 1656. The Anarchy of a Limited and Mixed Monarchy , or Observations upon Mr. Hunton's Treatise on that Subject . First Published in the year 1646. The Free-holders grand Inquest , touching our Soveraign Lord the King , and his Parliament . In the year 1648. Of the Power of Kings : and in particular , of the King of England . First Published in the same year . Observations upon Mr. Hobbes ' s Leviathan , Mr. Milton against Salmasius , and H. Grotius De Jure Belli & Pacis , concerning the Original of Government . To which those upon Mr. Huntons Book being re-printed , were annexed in the year 1652. Observations upon Aristotle's Politicks , touching Forms of Government . Published in the same year . And the Advertisement to the Jury-men of England touching Witches , with the difference between an English and an Hebrew Witch . In the year 1653. Whoso would give his Writings their due , hath done it already , in saying that they are His. Of which , who reads any one , may have some cause to wonder how he came to be sufficiently furnished to write that ; but who proceeds yet farther to read them all , will have more abundant cause to wonder , should any else but he have wrote the rest . His Political Writings are chiefly levell'd against a Doctrine but too generally embrac'd of late That , all men are born equal . To disprove which , though it might be sufficient to appeal to the Practice and Experience of Mankinde , whether all Nations have not still with one Consent mounted their Kings upon Thrones ; and whether all the Masters of Philosophies and Religions have not constantly appeared in their Chairs , and in their Pulpits , while their Disciples have humbly presented themselves at their Feet ? Not to speak of all the several Heights of Authority , or extents of Command , which either Popular Oratory have attained to by their Wit , or Conquerours have raised themselves to by their Arms. Our Author himself is an undeniable proof of his own Assertion , and has given us the best evidence that all men are not equal by Birth , while he himself hath no equal in Writing . So impossible is it for him to treat either of the means of Acquiring , or the Rights of exercising Soveraignty , without acquiring and exercising a new Soveraignty over his Readers . For does he overcome others ? even we at the same time are made Captives without resistance , and are his by right of Conquest . Or does he govern in their stead ? even then all Readers are insensibly under his Command , as much as if they were his Subjects , and are his by right of natural Soveraignty . A Reason so far exalted above ours as his , makes him appear like those Kings of old , who were in Stature much superiour to their Subjects , and seemed so far to overtop the rest , as if Nature it self had marked them out for Heads of all . To be short , no Power , whose Cause our Author pleads , can be so absolute , as what he obtains over us at the same time himself . And yet of so sweet a Tyranny , who that are under it can complain ? Arguments so prevailing , who is able to withstand ? And where the Mastery is gained over us by no other force than that of Perswasion , who would forego the pleasure of Obedience ? The Empire which Wit and Eloquence have over men , seems to be like that Command which Musick hath over the Wilde Beasts , that civilizes and subdues them at one and the same time . And we , while we read this Author , feel the highest of rational Pleasures , even then when we are made at once both Better Subjects , and Wiser Men. The Power of Kings : And in Particular , Of the KING of ENGLAND . TO Majestie or Soveraignty belongeth an Absolute Power not subject to any Law. It behoveth him that is a Soveraign , not to be in any sort Subject to the Command of Another ; whose Office is to give Laws unto his Subjects , to Abrogate Laws unprofitable , and in their stead to Establish other ; which he cannot do , that is himself Subject to Laws , or to Others which have Command over him : And this is that which the Law saith , that The Prince is acquitted from the Power of the Laws . The Laws , Ordinances , Letters-Patents , Priviledges , and Grants of Princes , have no force but during their Life ; if they be not ratified by the express Consent , or at least by Sufferance of the Prince following , who had knowledge thereof . If the Soveraign Prince be exempted from the Laws of his Predecessors , much less shall he be bound unto the Laws he maketh Himself ; for a man may well receive a Law from Another man , but impossible it is in Nature for to give a Law unto Himself , no more than it is to Command a mans self in a matter depending of his Own Will : There can be no Obligation which taketh State from the meer Will of him that promiseth the same ; which is a necessary Reason to prove evidently , that a King cannot binde his Own Hands , albeit that he would : We see also in the end of all Laws these words , Because it hath so Pleased us ; to give us to understand , that the Laws of a Sovereign Prince , although they be grounded upon Reason , yet depend upon nothing but his meer and frank good Will. But as for the Laws of God , all Princes and People are unto them subject ; neither is it in their power to impugne them , if they will not be guilty of High Treason against God ; under the greatness of whom , all Monarchs of the world ought to bow their Heads , in all fear and reverence . A Question may be , Whether a Prince be subject to the Laws of his Countrey that he hath sworn to keep , or not ? If a Soveraign Prince promise by Oath to his Subjects to keep the Laws , he is bound to keep them ; not for that a Prince is bound to keep his Laws by himself or by his Predecessors , but by the just Conventions and Promises which he hath made himself ; be it by Oath , or without any Oath at all , as should a private man be : and for the same causes that a Private man may be relieved from his unjust and unreasonable Promise , as for that it was so grievous , or for that he was by deceit or fraud Circumvented , or induced thereunto by Errour , or Force , or just Fear , or by some great Hurt ; even for the same causes the Prince may be restored in that which toucheth the diminishing of his Majesty : And so our Maxime resteth , That the Prince is not subject to His Laws , nor to the Laws of his Predecessors , but well to his Own just and reasonable Conventions . The Soveraign Prince may derogate from the Laws that he hath promised and sworn to keep , if the Equity thereof cease , and that of himself , without Consent of his Subjects ; which his Subjects cannot do among Themselves , if they be not by the Prince relieved . The Forraign Princes well-advised , will never take Oath to keep the Laws of their Predecessors ; for otherwise they are not Sovereigns . Notwithstanding all Oaths , the Prince may Derogate from the Laws , or Frustrate or Disanul the same , the Reason and Equity of them ceasing . There is not any Bond for the Soveraign Prince to keep the Laws , more than so far as Right and Justice requireth . Neither is it to be found , that the Antient Kings of the Hebrews took any Oaths , no not they which were Anointed by Samuel , Elias , and others . As for General and Particular , which concern the Right of men in Private , they have not used to be otherwise Changed , but after General Assemblies of the Three Estates in France ; not for that it is necessary for the Kings to rest on their Advice , or that he may not do the Contrary to that they demand , if natural Reason and Justice do so require . And in that the Greatness and Majesty of a true Soveraign Prince is to be known , when the Estates of all the People assembled together in all Humility present their Requests and Supplications to their Prince , without having any Power in any thing to Command , or Determine , or to give Voice ; but that that which it pleaseth the King to Like or Dislike , to Command or Forbid , is holden for Law. Wherein they which have written of the Duty of Magistrates , have deceived themselves , in maintaining that the Power of the People is greater than the Prince ; a thing which oft-times causeth the true Subjects to revolt from the Obedience which they owe unto their Soveraign Prince , aud ministreth matter of great Troubles in Commonwealths ; of which their Opinion , there is neither reason nor ground . If the King should be Subject unto the Assemblies and Decrees of the People , he should neither be King nor Soveraign , and the Commonwealth neither Realm nor Monarchy ; but a meer Aristocracy of many Lords in Power equal , where the Greater part commandeth the less ; and whereon the Laws are not to be published in the Name of him that Ruleth , but in the Name and Authority of the Estates ; as in an Aristocratical Seignory , where he that is Chief hath no Power , but oweth Obeisance to the Seignory ; unto whom yet they every one of them feign themselves to owe their Faith and Obedience : which are all things so absurd , as hard it is to see which is furthest from Reason . When Charles the eighth , the French King , then but Fourteen years old , held a Parliament at Tours , although the Power of the Parliament was never Before nor After so great , as in those Times ; yet Relli then the Speaker for the People , turning himself to the King , thus beginneth : Most High , most Mighty , and most Christian King , our Natural and Onely Lord ; we poor , humble , and obedient Subjects , &c. which are come hither by your Command , in all Humility , Reverence , and Subjection , present our selves before you , &c. And have given me in charge from all this Noble Assembly to declare unto You , the good Will and hearty desire they have , with a most fervent Resolution to Serve , Obey , and Aid You in all your Affairs , Commandments , and Pleasures . All this Speech is nothing else but a Declaration of their good Will towards the King , and of their humble Obedience and Loyalty . The like Speech was used in the Parliament at Orleans to Charles the 9th , when he was scarce Eleven Years old . Neither are the Parliaments in Spain otherwise holden , but that even a greater Obedience of all the People is given to the King ; as is to be seen in the Acts of the Parliament at Toledo by King Philip , 1552. when he yet was scarce Twenty Five Years old . The Answers also of the King of Spain unto the Requests and humble Supplications of his People , are given in these words : We will , or else , We Decree or Ordain ; yea , the Subsidies that the Subjects pay unto the King of Spain , they call Service . In the Parliaments of England , which have commonly been holden every Third Year , the Estates seem to have a great Liberty , ( as the Northern People almost all breathe thereafter ) yet so it is , that in effect they proceed not , but by way of Supplications and Requests to the King. As in the Parliament holden in Octob. 1566. when the Estates by a common Consent had resolved ( as they gave the Queen to understand ) not to Treat of any thing , until She had first Appointed who should Succeed Her in the Crown ; She gave them no other Answer , but That they were not to make her Grave before she were Dead . All whose Resolutions were to no purpose without Her good liking , neither did She in that any thing that they requested . Albeit by the Sufferance of the King of England , Controversies between the King and his People are sometimes determined by the High Court of Parliament ; yet all the Estates remain in full subjection to the King , who is no way bound to follow their Advice , neither to consent to their Requests . The Estates of England are never otherwise Assembled , no more than they are in France or Spain , than by Parliament-Writs and express Commandments , proceeding from the King ; which sheweth very well , that the Estates have no Power of themselves to Determine , Command , or Decree any thing ; seeing they cannot so much as Assemble themselves , neither being Assembled , Depart without express Commandment from the King. Yet this may seem one special thing , that the Laws made by the King of England , at the Request of the Estates , cannot be again repealed , but by calling a Parliament ; though we see Henry the eighth to have always used his Soveraign Power , and with his only word to have disannulled the Decrees of Parliament . We conclude the Majesty of a Prince to be nothing altered or diminished by the Calling together , or Presence of the Estates : But to the contrary , His Majesty thereby to be much the Greater and the more Honourable , seeing all His People to acknowledge Him for their Soveraign . We see the principal Point of Soveraign Majesty and Absolute Power to consist principally in giving Laws unto the Subjects without their Consent . It behoveth , that the Soveraign Prince should have the Laws in his Power , to Change and Amend them according as Occasion shall require . In a Monarchy , every one in particular must swear to the Observation of the Laws , and their Allegiance to One Soveraign Monarch ; who , next unto God , ( of whom he holds his Scepter and Power ) is bound to No Man : For an Oath carrieth always with it Reverence unto whom , and in whose Name it is made , as still given to a Superiour ; and therefore the Vassal gives such Oath unto his Lord , but receives None from Him again , though they be mutually Bound , the One of them to the Other . Trajan swore to keep the Laws , although he under the name of a Soveraign Prince was exempted ; but never any of the Emperours before him so sware : Therefore Pliny the Younger , in a Panegyrical Oration , speaking of the Oath of Trajan , gives out , A great Novelty , saith he , and never before heard of , He sweareth , by whom we swear . Of these two things the one must come to pass , to wit , the Prince that swears to keep the Laws of his Country , must either not have the Soveraignty , or else become a Perjur'd Man , if he should but Abrogate but one Law contrary to his Oath ; whereas it is not only Profitable that a Prince should sometimes Abrogate some such Laws , but also Necessary for him to Alter or Correct them , as the infinite Variety of Places , Times and Persons shall require : Or if we shall say , the Prince to be still a Soveraign , and yet nevertheless with such conditions , that he can make no Law without the Advice of his Councel or People ; He must also be Dispensed with by his Subjects , for the Oath which he hath made for the Observation of the Laws ; and the Subjects again which are obliged to the Laws , have also need to be Dispensed withal by their Prince , for fear they should be Perjur'd : So shall it come to pass , that the Majesty of the Commonweal enclining now to this side , now to that side ; sometimes the Prince , sometimes the People bearing sway , shall have no Certainty to rest upon ; which are notable Absurdities , and altogether incompatible with the Majesty of Absolute Soveraignty , and contrary both to Law and Reason . And yet we see many men , that think they see more in the matter than others , will maintain it to be most Necessary , that Princes should be bound by Oath , to keep the Laws and Customs of their Countreys : In which doing , they weaken and overthrow all the Rights of Soveraign Majesty , which ought to be most Sacred and Holy , and confound the Soveraignty of One Soveraign Monarch , with an Aristocracy or Democracy . Publication , or Approbation of Laws , in the Assembly of the Estates or Parliament , is with us of great importance for the keeping of the Laws ; not that the Prince cannot of himself make a Law , without the Consent of the Estates or People ( for even all his Declarations of War , Treaties of Peace , Valuations of the Coin , Charters to enable Towns to send Burgesses to Parliament , and his Writ of Summons to both Houses to Assemble , are Laws , though made without the Consent of the Estates or People ; ) but it is a Courteous part to do it by the good liking of the Senate . What if a Prince by Law forbid to Kill or Steal , is he not Bound to obey his own Laws ? I say , that this Law is not His , but the Law of God , whereunto all Princes are more straitly bound than their Subjects ; God taketh a stricter account of Princes than others , as Solomon a King hath said ; whereto agreeth Marcus Aurelius , saying , The Magistrates are Judges over private men , Princes judge the Magistrates , and God the Princes . It is not only a Law of Nature , but also oftentimes repeated among the Laws of God , that we should be Obedient unto the Laws of such Princes , as it hath pleased God to set to Rule and Reign over us ; if their Laws be not directly Repugnant unto the Laws of God , whereunto all Princes are as well bound as their Subjects : For as the Vassal oweth his Oath of Fidelity unto his Lord , towards and against all men , except his Soveraign Prince : So the Subject oweth his Obedience to his Soveraign Prince , towards and against all , the Majesty of God excepted , who is the Absolute Soveraign of All the Princes in the World. To confound the state of Monarchy , with the Popular or Aristocratical estate , is a thing impossible , and in effect incompatible , and such as cannot be imagined : For Soveraignty being of it self Indivisible , How can it at one and the same time be Divided betwixt One Prince , the Nobility , and the People in common ? The first Mark of Sovereign Majesty is , to be of Power to give Laws , and to Command over them unto the Subjects : And who should those Subjects be that should yield their Obedience to the Law , if they should have also Power to make the Laws ? Who should He be that could Give the Law , being he himself constrain'd to Receive it of them , unto whom he himself Gave it ? So that of necessity we must conclude , that as no One in particular hath the Power to make the Law in such a State , that there the State must needs be Popular . Never any Commonwealth hath been made of an Aristocracy and Popular Estate , much less of all the Three Estates of a Commonwealth . Such States , wherein the Right of Soveraignty is Divided are not rightly to be called Commonweals , but rather the Corruption of Commonweals ; as Herodotus hath most briefly but truely written . Commonweals which change their State , the Soveraign Right and Power of them being Divided , finde no rest from Civil Wars . If the Prince be an Absolute Soveraign , as are the true Monarchs of France , of Spain , of England , Scotland , Turkey , Moscovy , Tartary , Persia , Aethiopia , India , and almost of all the Kingdoms of Africk and Asia ; where the Kings themselves have the Soveraignty , without all doubt or question , not Divided with their Subjects : In this case it is not lawful for any One of the Subjects in particular , or all of them in general , to attempt any thing , either by way of Fact or of Justice , against the Honour , Life , or Dignity of the Soveraign , albeit he had committed all the Wickedness , Impiety , and Cruelty that could be spoke . For as to proceed against Him by way of Justice , the Subject hath not such Jurisdiction over his Soveraign Prince , of whom dependeth all Power to Command , and who may not only Revoke all the Power of his Magistrates , but even in whose Presence the Power of all Magistrates , Corporations , Estates and Communities cease . Now if it be not l●wful for the Subject by the way of Justice to proceed against a King , How should it then be lawful to proceed against him by way of Fact or Force ? For question is not here what men are able to do by Strength and Force , but what they ought of Right to do ; as not whether the Subject have Power and Strength , but whether they have lawful Power to Condemn their Soveraign Prince . The Subject is not only guilty of Treason in the highest Degree , who hath Slain his Soveraign Prince , but even he also which hath Attempted the same , who hath given Counsel or Consent thereto ; yea , if he have Concealed the same , or but so much as Thought it : Which Fact the Laws have in such Detestation , as that when a man guilty of any Offence or Crime , dyeth before he be condemned thereof , he is deemed to have died in whole and perfect Estate , except he have conspired against the Life and Dignity of his Soveraign Prince . This only thing they have thought to be such , as that for which he may worthily seem to have been now already Judged and Condemned ; yea , even before he was thereof Accused . And albeit the Laws inflict no Punishment upon the Evil Thoughts of men , but on those only which by Word or Deed break out into some Enormity ; yet if any man shall so much as conceit a Thought for the Violating of the Person of his Soveraign Prince , although he have Attempted nothing , they have yet Judged this same Thought worthy of Death , notwithstanding what Repentance soever he have had thereof . Lest any men should think [ Kings or Princes ] themselves to have been the Authors of these Laws , so the more straitly to provide for their own Safety and Honour ; let us fee the Laws and Examples of Holy Scripture . Nabuchodonosor King of Assyria , with Fire and Sword destroyed all the Country of Palestina , besieged Jerusalem , took it , rob'd and razed it down to the ground , burnt the Temple , and defiled the Sanctuary of God , slew the King , with the greatest part of the people , carrying away the rest into Captivity into Babylon , caused the Image of himself made in Gold to be set up in Publick place , commanding all men to Adore and Worship the same , upon pain of being Burnt alive , and caused them that refused so to do , to be cast into a burning Furnace . And yet for all that , the holy Prophets [ Baruch 1. Jeremy 29. ] directing their Letters unto their Brethren the Jews , then in Captivity in Babylon , will them to pray unto God for the good and happy Life of Nabuchodonosor and his Children , and that they might so long Rule and Reign over them , as the Heavens should endure : Yea even God himself doubted not to call Nabuchodonosor his Servant , saying , That he would make him the most Mighty Prince of the world ; and yet was there never a more detestable Tyrant than he : who not contented to be Himself Worshipped , but caused his Image also to be Adored , and that upon pain of being burnt quick . We have another rare Example of Saul , who possessed with an evil Spirit , caused the Priests of the Lord to be without iust Cause slain , for that one of them had received David flying from him ; and did what in his power was to kill , or cause to be kill'd , the same David , a most innocent Prince , by whom he had got so many Victories ; at which time he fell twice himself into David's Hands : who blamed of his Souldiers for that he would not suffer his so mortal Enemy , then in his power , to be Slain , being in assured Hope to have enjoyed the Kingdom after his Death ; he detested their Counsel , saying , God forbid that I should suffer the Person of a King , the Lords Anointed , to be violated . Yea , he himself defended the same King persecuting of him , when as he commanded the Souldiers of his Guard , overcome by Wine and Sleep , to be wakened . And at such time as Saul was slain , and that a Souldier , thinking to do David a pleasure , presented him with Saul's Head ; David caused the same Souldier to be Slain , which had brought him the Head , saying , Go thou Wicked ; How durst thou lay thy impure Hands upon the Lords Anointed ? Thou shalt surely Die therefore . And afterwards , without all Distimulation , mourned Himself for the dead King. All which is worth good consideration : for David was by Saul prosecuted to Death , and yet wanted not Power to have revenged Himself , being become Stronger than the King ; besides , he was the Chosen of God , and Anointed by Samuel to be King , and had Married the King's Daughter : And yet for all that , he abhorred to take upon him the Title of a King , and much more to Attempt any thing against the Life or Honour of Saul , or to Rebel against him ; but chose rather to Banish himself out of the Realm , than in any sort to seek the Kings Destruction . We doubt not but David , a King and a Prophet , led by the Spirit of God , had always before his Eyes the Law of God , Exod. 22. 28. Thou shalt not speak Evil of thy Prince , nor detract the Magistrate ; neither is there any thing more common in Holy Scripture , than the forbidding not only to Kill or Attempt the Life or Honour of a Prince , but even for the very Magistrates , although , saith the Scripture , They be Wicked and Naught . The Protestant Princes of Germany , before they entred into Arms against Charles the Emperour , demanded of Martin Luther , if it were Lawful for them so to do , or not ; who frankly told them , That it was not Lawful , whatsoever Tyranny or Impiety were pretended ; yet was he not therein by them Believed ; so , thereof , ensued a Deadly and most Lamentable War , the End whereof was most Miserable ; drawing with in , the Ruine of many great and noble Houses of Germany , with exceeding slaughter of the Subjects . The Prince , whom you may justly call the Father of the Country , ought to be to every man Dearer and more Reverend than any Father , as one Ordained and Sent unto us by God. The Subject is never to be suffered to Attempt any thing against the Prince , how Naughty and Cruel soever he be : lawful it is , not to obey him in things contrary to the Laws of God , to Flie and Hide our selves from him ; but yet to suffer Stripes , yea , and Death also , rather than to Attempt any thing against his Life and Honour . O how many Tyrants should there be , if it should be lawful for Subjects to kill Tyrants ? How many good and innocent Princes should as Tyrants perish by the Conspiracy of their Subjects against them ? He that should of his Subjects but exact Subsidies , should be then , as the Vulgar People esteem him , a Tyrant : He that should Rule and Command contrary to the good Liking of the People , should be a Tyrant : He that should keep strong Guards and Garrisons for the safety of his Person , should be a Tyrant : He that should put to death Traitors and Conspirators against his State , should be also counted a Tyrant . How should good Princes be assured of their Lives , if under colour of Tyranny they might be Slain by their Subjects , by whom they ought to be Defended ? In a well-ordered State , the Soveraign Power must remain in One onely , without Communicating any part thereof unto the State , ( for in that case it should be a Popular Government , and no Monarchy . ) Wise Polititians , Philosophers , Divines , and Historiographers , have highly commended a Monarchy above all other Common-weals . It is not to please the Prince , that they hold this Opinion ; but for the Safety and Happiness of the Subjects . And contrarywise , when as they shall Limit and Restrain the Soveraign Power of a Monarch , to Subject him to the General Estates , or to the Council ; the Soveraignty hath no firm Foundation , but they frame a Popular Confusion , or a miserable Anarchy , which is the Plague of all Estates and Commonweals : The which must be duely considered , not giving credit to their goodly Discourses , which perswade Subjects , that it is necessary to subject Monarchs , and to give their Prince a Law ; for that is not only the Ruine of the Monarch , but also of the Subjects . It is yet more strange , that many hold Opinion , that the Prince is subject to his Laws , that is to say , subject to his Will , whereon the Laws which he hath made depend ; a thing impossible in Nature . And under this Colour , and ill-digested Opinion , they make a mixture and confusion of Civil Laws , with the Laws of Nature and of God. A pure Absolute Monarchy is the surest Commonweal , and without Comparison , the Best of all . Wherein many are abused , who maintain that an Optimacy is the best kinde of Government ; for that many Commanders have more Judgment , Wisdome , and Counsel , than One alone . For there is a great difference betwixt Councel and Commandment . The Councel of Many wise men may be better than of One ; But to Resolve , Determine , and to Command , One will always perform it better than Many : He which hath advisedly digested All their Opinions , will soon Resolve without Contention ; the which Many cannot easily perform : It is necessary to have a Soveraign Prince , which may have Power to Resolve and Determine of the Opinions of his Council . FINIS . A42674 ---- An impartial disquisition, how far conquest gives the conqueror a title Ghest, Edmund. 1688 Approx. 35 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A42674 Wing G634 ESTC R28401 10586030 ocm 10586030 45287 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A42674) Transcribed from: (Early English Books Online ; image set 45287) Images scanned from microfilm: (Early English books, 1641-1700 ; 1384:57) An impartial disquisition, how far conquest gives the conqueror a title Ghest, Edmund. 8 p. s.n., [London? : 1688?] Caption title. Attributed by Wing to Edmund Ghest. "Reader, This is an abstract of a treatise written by Mr. Ghest, a learned and pious Suffolk divine, when the usurpers over Charles the Martyr pretended a title by conquest." Reproduction of original in the Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Kings and rulers -- Succession. Monarchy. 2007-01 TCP Assigned for keying and markup 2007-02 Apex CoVantage Keyed and coded from ProQuest page images 2007-04 Emma (Leeson) Huber Sampled and proofread 2007-04 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion An Impartial Disquisition , how far CONQUEST gives the Conqueror a TITLE . Reader , THis is an abstract of a Treatise written by Mr. Ghest , a learned and pious Suffolk Divine , when the Usurpers over : Charles the Martyr pretended a Title by Conquest . CHAP. I. COnquest is no sufficient Title to Rule ; for then all Conquerors are lawful Princes ; but they are not , for 1. Justice only gives right , and the rule of justice is suum cuique , we are commanded . Rom. 13. 7. to Render to all their dues ; but here in the Case of Conquest right is pretended to that , which is anothers , only by taking it from him , and so Justice founded upon Injustice . 2. Right continues , as long as the Cause remains , and force cannot reach that , for it cannot destroy the gift and donation of God , nor bring to pass , that a Father shall be no Father , or an Heir no Heir , or one Lawfully chosen not chosen . 3. If Conquest be a sufficient title , then there never was an Usurper in the world ; for , till he prevails , he is but an Attempter , and as soon as he prevails , he is a Lawful Prince . 4. Then it would not only be Lawful for the Usurper to withhold anothers Right , but unlawful for the wronged King , or his friends to seek the recovery of his own , which is contrary to what * David did in the case of Absolom , and ‖ Joash in the case of Athaliah . 5. If Conquest gives a title , then a strong Thief hath right to all he takes away by violence ; or else God hath left every private man in better condition than his own Deputies * , since force can take away the Royalty of these , but not the property of those . 6. If Conquest give a sufficient title , then that devilish Maxim is true , Prosperum scelus virtus est , that wickedness crowned with prosperity commences virtue ; and there is no difference between good and evil , but event . A Rebel falls , and is a Traytor ; he prospers and is a lawful Prince ; which pricks up apace towards Atheism . 7. This proclaims liberty to all ambitious , and covetous persons to embroyl the world , if whatever they can get is their own . Certainly God , who loves mankind , and delights in order , peace and righteousness , never made this Law. CHAP. II. GOD's word allows not of any title by Conquest , for 1. It forbids all violence , rapine and wrong , nay , so much as coveting that which is anothers , commands all to be content with their own , requires restitution of what is wrongfully taken away . Nor must we say with * Caesar , Si jus violandum est , regnandi causâ violandum est ; if right and equity be to be trampled on at any time , it is , when a Crown is to be acquired . 2. What is said , John 10. 1. He that enters not in by the door into the sheepfold , but climbs up some other way , the same is a thief and a robber , is universally true of all Governments ; Kings are * Shepherds too , and the same common rule of justice holds in the Shepherd's title to his Flock , and so every where both in Church and State. 3. It is said , Rom. 13. 1. The powers that are &c. the word is , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ( now 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies only lawful , and just power , while 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies the power of an Usurper ) so that we must be subject to him , who hath the right and authority to rule , even tho' devested by the force of an Usurper . Such powers are said Vers . 2. to be the ordinance of God , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which signifies an Edict , or a Law , so that no Usurper is God's ordinance , unless he can show either some particular Charter from God , or some general Law in favour of Usurpers . — Again , in the same Verse it is said , they that resist , shall receive to themselves damnation ; not a right , or title to the supreme power , that would make the Law both partial , and useless , restraining none , but those , whom Princes might restrain without it . — Once more , in Verses 4 , 5 , 6. These powers are said to be God's Ministers , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Now none can enter into God's service , or Ministry , but by his leave , unless we think , that Usurpers may seize God's Commission too . 4. We are commanded * to render to Caesar the things that are Caesar's , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 here signifies to restore to the right owner , what is unjustly taken away , or detained from him , ( so the word is used by the LXX . in the Old Testament ) Gen. 20. 7 , 14 , Levit. 5. 6. Num. 5. 7. Judg. 17. 3 , 4. 1 Sam. 7. 14. & cap. 12. 3. 2 Sam. 3. 14. 1 Kings 20. 34. Nehem. 5. 12. Isai . 42. 22. Ezek. 33. 15. and so in the New Testament also , Matth. 5. 26. chap. 18. 25 , 26 , 28 , 29 , 30 , 34. Luk. 19. 8. So that it binds not only to the payment of all dues to the owner , that accrue to him , while the possession is undisturb'd , but to restitution also , of what he is unjustly deprived of . 5. Christ's actions are our instructions : Now , when one would have put our Lord upon the doing an act of power , Luk. 12. 14. He answers , Man , who made me a Judge , &c. It seems , a Governor must be duly made , or set in the place , he cannot set himself there ; it is above the pitch of a Creature to create his own power by his own force , it must be derived from another ; nor can every one's appointment give a title , but his only , who hath right to appoint : 't is not , Hath any one ? but , Who hath appointed me ? 6. Men of all sorts , and of all sides ( just , and unjust , Plaintifs , and Defendants ) have taken this for granted , that force , and conquest gives no * title . 7. God himself hath given sentence in the case . Nimrod was the first Usurper , he got all by might ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gibbor , as he is called , Gen. 10. 8. yet a double brand there is upon him , Vers . 9. that he was , 1. a mighty Hunter ; till men turn into beasts , a mighty Hunter will not be turn'd into a lawful King. And then , 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lipne Jehovah , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , against the Lord , so it should be translated ; for 't is evident , that 't is spoken to his Infamy . — God expresly forbids the Israelites to invade the Edomites , the Moabites , or the Ammonites , Deut. 2. 4 , 5 , 9 , 19. the precepts are particular , but the reason is universal , and holds against all invasions of the rights of others , ( because God gave them their lands for a possession ) and as to the Ammonites , who long after invaded , and conquer'd part of the holy Land , Thus saith the Lord , Jerem. 49. 1. hath Israel no sons ? hath he no heir ? why then doth their King inherit Gad , and his people dwell in his Cities ? as if he should say , Tho' the King of Ammon hath gotten possession by the Sword , yet the right remains still to the heir , though dispossest : 't is therefore that such Conquerors are compared ‖ to Lyons , that tear in pieces , and fill their holes with prey , and their dens with rapine ; and , behold , saith the Lord of Hosts , I am against you , my sword shall devour the lyons , and I will cut off the prey from the earth . 'T is therefore also , that the * Chaldeans , who possess the dwelling places , that are not theirs , that keep not at home , that enlarge their desires as Hell , and as death , and cannot be satisfied , that gather to them all nations , and heap to them all people , have heavy judgments denounced against them , Woe to him , that increaseth that , which is not his , how long ? &c. See also , Jerem. 51. 35 , 36. Ezek. 35. 10 , 11. & chap. 36. 5. & Amos 1. 13. in all which places sore punishments are denounc'd against Usurpers ; and it were absurd to say , that the divine Justice would punish any for useing that , which is the direct , and immediate way to get a good Title . CHAP. III. Conquest proves not a right by God's donation immediate . Some men pretend , that God by the Event of the War , giving victory , gives right withal to the Conqueror , and for this they have two Colours . The first Argument is deduc'd from Reason ; Providence governs all , therefore this victory , and so 't is God's Will. To which I Answer . It seems the Alcoran hath not been English'd for nothing ; with the Mahometans indeed all is their own fish that comes into the net : but if every attempt crowned with success , proves , that God gives a right , then he , who destroys the true Religion , and sets up a false ; he , who kills , ravishes , robs , hath right on his side ; 't is par casus , unless they shew , that Event shewes God's Will in one thing more than another , which it does not , since all comes alike to pass by God's Providence : Should it be objected , that this Assertion must be restrain'd to Kingdoms , because War between those , who have no superiour on earth to judge them , is an appeal to God to determine the right : I Answer , 1. Then this extends not to Subjects , who have a King to judge them . 2. If it be meant of all those , who acknowledge , or pretend to have no Superiours , then all wicked men may make use of it ; since 't is but to pretend , and then appeal to God , and , if they prevail , God , it seems , gave them leave . 3. 'T is to throw God's Law ( the rule of right , and wrong ) behind us , and to tempt him to give a particular sentence ; against Matth. 4. 7. Thou shalt not tempt the Lord thy God. 4. How knows the Objector , that every King , who fights for his own , makes such an ungodly appeal ? 5. Suppose both parties are so presumptuous , how knows he , that God is bound to listen to every presumptuous Appellant , and give judgment at his beck ? the Truth is , Event shews no more ; but that God permits it , because he can work good out of it , and fulfil his own wise , and just , tho' hidden counsel ; but to say , he approves whatever he permits , is blasphemy . 2. The second colour is from Scripture , Dan. 4. 17 , 25 , 32. The most high ruleth in the Kingdom of men , and giveth it to whomsoever he will. To this I Answer , 1. If you mean this of God's gift of right to rule , 't is not said , he giveth it to every one , who is in possession , but to whom he pleaseth . 2. If you mean it of possession ( and so it is to be understood , as it appears from vers . 25. and the whole Context ) it follows not , God gives possession to whom he will , therefore he gives right , whenever he gives possession ; the scope of all was to cure Nebuchadnezzar's pride , and to shew him , that whosoever possesseth a Kingdom , doth it by a Providence which can dispossess him . Indeed no one possesses a Kingdom without some gift from God , but 't is often only permissive , it creates no right . Thus * Saul in the Cave was by God delivered into David's hand , and Christ was ‖ delivered by the determinate counsel of God ; had David hereby a right to kill Saul , or the Jews a right to kill Christ . Nay , tho' Nebuchadnezzar was out of possession ( Dan. 4. 25. They shall drive thee from among men ) Yet still 't is his Kingdom , and his Counsellors , and his Lords , ver . 26. 36. His right it seems remained . CHAP. IV. COnquest in a just war gives no just title : A just War is that , which is made by a Soveraign Prince for a just cause : while both conditions are wanting in our Case ; but suppose they were not , if such a Conquest gives title , 't is 1. either by extraordinary Donation , and that none , I think , can now pretend to . Or , 2. By the Law of Nations . But 1. that Law , according to those who alledge it , gives only an external shew of Justice , true internal justice obliging at the same time to restitution , of which restitution , See * Grotius proving it to be the opinion of Jews , and Mahometans as well as Christians , and that the Holy Scripture , Isai . 58. 6. averrs , that those mens fasts are not acceptable to God , qui non jure captos detinebant , who do not let the oppressed go free , and who ( Jon. 3. 8. ) do not turn from the violence , that is in their hands . 2. Shew us this Law of Nations , where is it , or how is it morally possible , that all Nations should meet to give it : if you interpret common practise to be the consent of all , I presume , the dispossessed do not consent , and the rest are either gainers , or unconcerned . 3. The Law of Nature gives not this right , for then it must be either by way of reparation of the wrong , or punishment of the fault ; the first allows no more then an equal recompence for the injury , and leaves the rest to the enemy still ; the second supposes Authority , for who hath power to punish , must have power to examine , and to judge the merits of the cause ; but a Superiour to the Supreme implies a contradiction ; Par in parem non habet imperium ; equals have no authority one over another ; * who art thou , that judgest another man's servant ? ‖ what have I to do to judge them , that are without ? are most sure maxims of the Law of Nature . 4. The Law of Scripture gives no such right . Deut. 20. 10 , 15. There is a rule given , how the Israelites were to deal with all Nations ( except the seven , which were given up to utter ruine ) and the case is double ; if they will treat take Tribute of them ; if they will fight it out , and you Conquer , take the Spoil , but in neither case a title to the Government . Tribute may be given , and service may be done by one King to another ( as appears from Gen. 14. 4 , 8 , 9. 2 Sam. 10. 19. 2 Kings 3. 4. & ch . 18. 7 , 14. ) and yet those who pay the Tribute , and do the service be Kings still , as appears by the above-cited places ; so then the Conqueror may exact tribute sufficient to make amendment for the injury ; but whatever be meant by Tribute , or Service , the Conqueror acquires no title by Conquest but by the consent of the Conquered to the Articles of peace , of which in the next conclusion . CHAP. V. Qu. WHether the consent of the people conquered , and their submission to the Conqueror gives him a title ? Ans . It is a kind of destiny upon people , that their name is used , their benefit pretended , their power to create right to govern magnified , and all to their hurt , Isai . 3. 12. O my people they which lead thee , cause thee to err ; and so again , ch . 9. 16. in the Septuagint it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and so in the Hebrew , and in the margin of our Translation , they which call thee blessed , and undertake to make thee so . People are never in greater danger , than when they listen to these same ( Beatificantes ) men , who promise to make them blessed , so it hath been here , and after the misery that is come upon us , the peoples consent is pretended . To show what really the people hath to do in the giving title , or right to Government , we will consider in general the means of acquiring dominion ; — All power is from God , we take that for granted , therefore whoever hath a title , must show some manifestation of God's will for it ; now this in the case of Governors must be either by extraordinary supernatural designation , as in Moses , Joshua , the Judges , Saul , David , Jehu , &c. or by a general Law , that may hold in all ordinary cases ; ( for as to event , that manifests only God's permission , not his gift , as I shew'd before ) as for the first of these , it was good , where it could be shown , which now it cannot : The second cannot be any humane Law ; for tho' just Laws are in their kind , and degree significations of God's will , who will have us obey his Deputies for conscience sake , yet in giving title to supreme power they have no place . For 1. National laws presuppose it , and are made by it . 2. The law of Nations is either the same with the law of Nature , which is God's law , binding all Nations , or if it be taken for a humane law , enacting that , which the law of nature hath left at liberty , 't is a meer empty name , for there is no humane supreme power , to which all Nations are subject , that should enact such a law . Jus gentium indeed , or right of Nations there is , but no Lex gentium ; one Nation may have right against another , either by the law of Nature alone , or by mutual Pacts , which bind by vertue of the law of Nature , which obliges all to perform their covenants . So then none can claim right to Government , but by the Laws of God , and they are two-fold , of Nature , and Scripture , but both to be used here promiscuously ; the rule of both is , Honour thy Father and thy Mother , which subjects the children to both Parents , but first to the Father , as supreme ; no place is left here for popular election , it being impossible , that children should choose their father , who are in subjection as soon as they are , and to govern whom the Father hath a natural capacity , even before he hath them . In this Paternal right is founded the government of whole Nations , as appears from Genes . 10. 5 , 20 , 31 , 32. where it is often observed , * that by those three sons of Noah were the nations divided in the earth after their families , and generations , which confutes the common dream , that Nations were constituted by collection of several Families into one Mass , ( like Epicurus's world out of Atomes ) for the Scripture makes it clear to have been quite contrary , by spreading one root into many branches , ( see Acts 17. 26. ) and this will be easily believed , when it is considered ‖ , how long they lived in that Age ( six hundred , four hundred , all even to Nahor , above two hundred years ) and that * in four generations from Levi to Moses Seventy ‖ men were multiplied to six hundred thousand , that were men * , besides children , and you will see , that one of those Fathers might live to be by his meer Paternal power King of a populous Nation . Nor did those Kingdoms upon the Father's death cantonize after the number of his Sons , the Elder brother was Heir of his Father's power , and governed the Families of his brethren also : So Genes . 4. 7. God saith to Cain , subject to thee shall be his desire ( sc . thy brother's ) and thou shalt rule over him : Hence Isaac in blessing , as he thought , his first-born , Gen. 27. 29. saith , be Lord over thy brethren , and let thy mother's sons bow down to thee . And so Jacob also in blessing Judah , ( who inherited the regal power ) Gen. 49. 8. expresses himself : nay , even our Saviour's kingdom over his brethren ( that is , the members of the Christian Church ) is often put upon this title of primogeniture , as being * the first-born among many brethren ; so then the people have no more to do to make a King , than a child to make his father ; God the sole giver of life disposes of what Parents every one shall be born , who shall be heirs of Kings , and whom they shall inherit for their subjects ; for the word Inheritance is in Scripture language ‖ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is , a lot , and the whole disposing ( judgment , or right ) of that is from the Lord : Prov. 16. 33. The people have no part in it , so that if they presume to give this inheritance to another , let them take heed of that woe * Woe be to him , who striveth with his maker , &c. and Woe be to him , who saith to his father , what begettest thou ? &c. namely , while they have one of God's appointment ; for when he hath left them destitute , then they may interpose , and elect , but let them not be fond of wanting one , that they may please themselves in choosing , for they cannot be damn'd to a worse condition in this world , than to be without a King. As it is threatned , Hosea 10. 3. They shall say , we have no King , because we feared not the Lord. Numb . 27. 17. That the congregation of the Lord shall be as sheep , that have no shepherd ‖ : and Isai . 3. 5 , 6 , 7. The people shall be oppressed every one by his neighbour , and then follows the people's part in choosing a King ; a man shall take hold of his brother , saying , be thou our Ruler : Now , when people come to choose , if they will put the power into the hands of many , ( too many to keep counsel , or agree upon action ) and so serve many Masters at once , if they will choose for a head the beast of many heads , that monstrous form of Polity , where the whole body is all head , and every single limb the body , where all are sons of the people , all are father , and every one a son ; be ruled by the many , that can believe any thing , and judge of nothing , that have the wit of a child , and the fury of a Giant , the silliness of an Innocent , and the rage of a Tyrant ; be governed by most voices , who are sure to choose the worst , since there are more fools , and knaves , than wise and virtuous ; or if they will be ruled by a Senate , and for fear of one Tyrant ( whom death will end ) submit to four hundred , that for one head lopt off will supply two , and make slavery immortal ; or if they do see Monarchy the best , and yet will mix it with some trick of their own to spoil it ( as by making it elective , &c. ) tho' these forms of popular contrivance be but degenerations of that paternal power in one , ( which is always chosen , when God chooses for us , as best suiting with his universal Monarchy ) yet when the choice is left to the people , 't is valid , as well as that , which a foolish woman makes of a bad husband . Thus much of the means of acquiring supreme power ; now , how far the people's submission can operate towards the making the Conqueror's title good . 1. While they have a King of God's providing by paternal right , they have nothing to do either to confer , or transfer that right . 2. Tho' , when the people have chosen a popular government , and are lawfully setled under it , their submission ( perhaps ) to the Conqueror may transfer a right ( because then they are in two capacities , being both Sovereigns and Subjects , so that their submission includes the consent of all that are interessed ) yet in other forms of Government , where the people are meer subjects , the supreme power is not theirs to give , they cannot give away what is another man's , much less what is God's , and by his immediate gift confer'd on the lawful King. 3. When people are destitute of a Government , and choose one , the King chosen holds not his power from them , but immediately from God ; their choice , 1. proves not , that the King derives his power from them ; the wife chooses her husband , and the Parish the Constable , yet the first hath his power from God , the other from the King ; and therefore the power not being derived from the people , they cannot resume or transpose it , any more than the wife , &c. 2. The people's choice hinders not the King 's receiving his power immediately from God , tho' their choice be an instrumental act , by means whereof God's power is conveyed to the King's person which is chosen , yet it argues not , that God first invests the people with the supreme power , and seats it inseparably in them , and that then they derive it to the King in subordination to themselves , as the King doth to an inferior Magistrate : only when they want a Father by Inheritance , they choose and make an Adoptive one , who derives not his power from them , but immediately from God by that Law of Nature , which gives the father power over his children . Obj. But how is this immediately from the Law of Nature , when there comes a voluntary act of man between ? Ans . That voluntary Act of the people is not done by virtue of any supreme power seated in the people , but by allowance of the Law of Nature , which , as other laws , contains in it concessions , as well as precepts . 1. It teacheth , that power to rule is necssary for the preserving of mankind , which cannot subsist but in society , nor that without order and government . 2. It allows us to provide necessaries by any means , that may be used without impiety against God , or injury to man , and therefore to appoint themselves a King , when they are destitute . 3. It commands them to be subject to the King thus chosen ; so that from first to last this power is founded immediately on the law of Nature ; now not only this , but almost all the laws of Nature suppose a voluntary act of men to constitute the matter of their precepts and prohibitions , & yet bind meerly by their own force . Prayer , oaths , dedications of holy things , all external acts of religion suppose acts of men to give words their signification , to administer and take the oaths , to dedicate the holy things , but yet the precepts commanding the duties , and forbidding the abuse ; bind immediately without any help from humane authority . So theft supposeth propriety of goods , adultery supposeth marriage , &c. but yet the commandments , that prohibit those sins bind expresly by virtue of the Divine authority . CHAP. VI. Qu. WHither Kings , &c. can deprive themselves of supreme power , or give it from the right heirs ? Ans . Here three questions arise , one touching resignation , whither a King can give up his power ? and two concerning succession , whither a King can invert the natural order , and disinherit his lawful heir , and whither he can give a stranger right to succeed by adopting him . In deciding these three questions , there is great diversity both of precedents , & humane laws , but 't is not material , since only divine laws can regulate such translations . If God hath given Kings power to dispose of their Kingdoms at pleasure , they have no Superior upon earth , that can take it from them ; if not , they can neither create it themselves ( for there is no power , but by the gift of a Superior , Joh. 19. 11. ) much less can their subjects , being inferiors , give it them . Therefore for the resolution of this question , distinguish , 1. Between the effect such an act of a King may have upon himself , or upon others , for tho' he may devest himself of his Regalities , it follows not that he can deprive his heir of his title , or give it away to another . 2. As to his devesting himself , distinguish between the lawfulness of the act , and the validity of it ; it may be , Fieri non debuit factum valet , what ought not in justice to have been done , is notwithstanding valid , when 't is done . * Esau lost his birth-right by selling it , yet sinn'd in doing it , sc . by undervaluing the power which God had given him , and whatever damage did hereby accrue to Esau's posterity , was from God's immediate designation , not from any power in Esau , 3. Distinguish of Kings ; those , whose Progeny was in their lifetime multiplied into a Nation , could not devest themselvs , because they could not cease to be Fathers of their children , who by the law of Nature are subject to them ; but an hereditary King may relinquish his title , as well as any other Inheritance , Psal . 106. 40. He abhorred his own Inheritance : Jer. 12. 7. I have forsaken mine house , I have left mine heritage . Shepherds of men may break their staves , and cast off their flocks , Zech. 11. 10 , 11. But notwithstanding all this an hereditary King cannot deprive his Heir , if he have one , nor hinder the peoples choice , if he have no Heir . 1. He cannot devest his Heir , for God designs him by making him first-born , or next of blood , nor can the father alter his inheritance any more than his primogeniture ; * the King is but God's servant , and so cannot make void his Lord's choice ; by God's Law the rights of primogeniture are the first-born's , ( Deut. 21. 15 , 16 , 17. ) nor can they be taken from him while he lives ; even if he deserves to be deprived , it must be a judiciary proceeding that removes him . 2. If he wants an Heir , he cannot transfer the inheritance to whom he will without the peoples consent ; they are Sons and not slaves , and therefore cannot be alienated at pleasure , Joh. 8. 35. The servant abideth not in the house forever , but the Son abideth ever . There are three degrees of Dominion . 1. Over goods inanimate or irrational ; we may sell these , or destroy them , Matt. 20. 15. 2. Dominium despoticum , vel herile , the dominion over slaves , whom we may alienate , but not destroy , Exo. 21. 20 , 21. 3. Dominium Regale , the dominion of Kings over their Subjects , which neither enables to destroy nor alienate , being instead of the paternal ; the King can no more make another King over his subiects , than a Father can make another man the father of his children . The summ is ; a King may relinquish his power , but not invest a stranger with it without the consent of the Heir , if he have any , or , if he have none , without the peoples accepting the person . Possession belongs to the King in being , Succession to the Heir in being , Election to the People , when destitute of both , and none can be deprived of their proper due without their own consent . Indeed ( as was said before ) when the people is both Soveraign , and Subjects , their submission includes all ; as Soveraign they may resign , and then as a body without a head they may choose , and no Heir hath any injury ; for the body of the people have no Heir . CHAP. VII . Qu. WHither a long possession can make the Conqueror's title good ? Ans . 'T is absurd to think , that prescription can justifie wrongs ; for the rule of Law is , Non confirmatur tractu temporis , quod de jure non subsistit ab initio , that no length of time makes that lawful , which was not so from the beginning . 'T is true , 1. In time all obstacles may be removed , and so the Usurper acquire a Title , the right Heirs being all extinguish'd , or relinquishing their right , and then the peoples submission doth it , but time it self gives no title . 2. Long possession may be , tho' not the ground , yet the proof of a title ; but such a proof , as admits of divers exceptions ; for if there be a right Heir , that claims , or else would claim , but that he wants either notice of his title , or power to make it good , here prescription proves nothing ; but Possession may continue so long without any claim , or attempts to the contrary , that it may be ( tho' no title , yet ) a proof , that either the Possessor is the Heir , or that the People have chosen him upon the failing or cession of the Heir ; and thus only do man's Laws approve prescription in private inheritances , not as if they preferred an Usurper before the right owner , who continues his claim and proves his title ; and this was the case between Isra●● and the Moabites , Judg. 11. 25 , 26 , 27. which case duly weigh'd will easily solve the Objection . FINIS . Notes, typically marginal, from the original text Notes for div A42674-e80 * 2 Sam. 18. 1. ‖ 2 Kings 11. * See Deut. 1. 17. Notes for div A42674-e310 * Apud Sueton . Sect. 30. * Cons . Psal . 78. 71. Isai . 44. 28. * Mat. 22. 21. * See 1 King. 20. 34. Judg. 11. 13 , 15 , 21. ‖ Nahum . 2. 12 , 13. * Habak . 1. 6. Hab. 2. 5 , 6. Notes for div A42674-e1080 * 1 Sam. 24. 10. c. 26. 23. ‖ Act. 2. 23. Notes for div A42674-e1340 * Grot. de jure belli , & pacis , l. 3. c. 6. Sect. 1. Jure Naturae quidem bello justo ea nobis acquiruntur , quae aut paria sunt ei , quod cùm nobis sit debitum , aliter consequi non possumue , aut etiam quae nocenti damnum inferunt intra aequum poenae modum . — conf . §. §. 2 , 3 , &c. & cap. 10. §. 3. * Rom. 14. 4. ‖ 1 Cor. 5. 12. Notes for div A42674-e1620 * Vid. Joseph . Antiq. lib. 1. cap. 7. ‖ Cons . Gen. 11. * Exod. 6. 16 , 18 , 20. ‖ Gen. 46. 27. * Exod. 12. 37. * Rom. 8. 29. Col. 1. 15 , 18. Hebr. 1. 6. Revel . 1. 5. ‖ Psal . 16. 5. Colos . 1. 12. Act. 26. 18. * Isai . 45. 9 , 10. ‖ Vid. Lam 5. 3. Notes for div A42674-e2360 * Compare Gen. 25. 33 , 34. with Heb. 12. 16. * Cons . Jos . 1. 2. Hebr. 3. 5. Ps . 89. 20. Jer. 27. 6. Wisd . 6. 5. Rom. 13. 4 , 6. A47901 ---- A plea for limited monarchy, as it was established in this nation, before the late war in an humble addresse to His Excellency, General Monck / by a zealot for the good old laws of his country, before any faction or caprice, with additions. L'Estrange, Roger, Sir, 1616-1704. This text is an enriched version of the TCP digital transcription A47901 of text R227219 in the English Short Title Catalog (Wing L1285). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 19 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A47901 Wing L1285 ESTC R227219 12425917 ocm 12425917 61851 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47901) Transcribed from: (Early English Books Online ; image set 61851) Images scanned from microfilm: (Early English books, 1641-1700 ; 944:24, 2980:31) A plea for limited monarchy, as it was established in this nation, before the late war in an humble addresse to His Excellency, General Monck / by a zealot for the good old laws of his country, before any faction or caprice, with additions. L'Estrange, Roger, Sir, 1616-1704. 8 p. Printed by T. Mabb for William Shears ..., London : 1660. Attributed to Sir Roger L'Estrange. cf. NUC pre-1956. Copy at reel 944:24 has variant imprint. Reproductions of original in Huntington Library (reel 944:24) and Corpus Christi College (University of Oxford). Library (reel 2980:32). eng Charles -- II, -- King of England, 1630-1685. Monarchy -- England. Great Britain -- History -- Charles II, 1660-1685. A47901 R227219 (Wing L1285). civilwar no A plea for limited monarchy, as it was established in this nation, before the late war. In an humble addresse to His Excellency, General Mon L'Estrange, Roger, Sir 1660 3825 7 0 0 0 0 0 18 C The rate of 18 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2003-11 TCP Assigned for keying and markup 2003-12 SPi Global Keyed and coded from ProQuest page images 2004-01 Mona Logarbo Sampled and proofread 2004-01 Mona Logarbo Text and markup reviewed and edited 2004-02 pfs Batch review (QC) and XML conversion A Plea for limited MONARCHY . As it was Established in this NATION , Before the late WAR . In an Humble Addresse to his Excellency , General MONCK . By a Zealot for the Good Old Laws of his Country , before any Faction or Caprice , with Additions . Optima Libertas , ubi Rex , cum Lege , Gubernat . WS printer's or publisher's device LONDON , Printed by T. Mabb , for William Shears in Bedford street , neer Coven-Garden , at the Blew Bible , 1660. A Plea for limited Monarchy , as it was established in this Nation before the late War . In an humble Address to his Excellency , General Monck . SIR , FInding , by several Letters , published in Your Name , that you professe a more then ordinary zeal to popular Government ; and not knowing any thing herein , that can so mislead you , but the glorious pretence of a Free State ( a notion , which hath , even , intoxicated many ; ( otherwise , great and worthy Persons ; ) I held it my Duty , first , to acquaint you , how necessary it is to distinguish betwixt the Form and Essence of a Common-wealth , the mistake whereof ( each for the other ) hath proved so fatall in our times : Next to examine , whether those that surfeited of our Kingly Government , and longed for Novelty have not , indeed ( like the Dog in the faable ) lost the substance of Liberty and happinesse , in pursuit of the shadow . Our fierce Champions of a Free State will not , I presume , maintain , that it is subject to no violations , least wofull experience confute , and force them to confesse , either that a Common-wealth may degenerate ; or , at least , that this never was a Commonwealth : And , as they must renounce their senses , so they must deny the Faith of Story , which proves , that Republicks have been sometimes invaded with Usurpation , sometimes Debauched , and Embased with Oligarchy ; mostly ( by reason of their weaknesse , and divisions ) subdued , or forced to truckle under their neighbouring Princes ) alwayes tormented with faction . Neither , indeed do they , themselves offer any argument but such , as , in effect , beg the question , by presupposing great unity in the Coalition , great probity in the Intention , and great purity in the Exercise ; which doubtlesse , being admitted , we should so little need to differ about Forms , that perhaps , we should scarce need any Government at all . The stoutest assertors of Monarchy , likewise , must acknowledg , That it , being but earthen ware , ( though the finest and strongest ) is subject to divers accidents ; For nothing under heaven is perfect : And when we constitute Governments , we must not think to build Babels against the Deluge , but embank against floods and enclose the best we can against Trespassours . This being premised , let us consider these two Governments , not Metaphysically , in notions , abstracted from their subjects , ( a pastime , which our Platonicks much delight in ) but morally and reasonably , as concrete , & adapted to times , places , and persons , viz. our own . I might , perhaps decide the question , in few words , by alledging the manifest inclination of the whole people , now to Monarchy ; For , As no man can be wronged with his consent , so neither is any to be obliged against his will , And how should a Government founded upon inequality and force , ever subsist without it ? Or a State , which is the meer Adjective of an Army , becomes a Substantive ; beginnings of this kinde being so ominous ? As reasonably might I object matter of Title , and forrain pretence ; For the same estate , with a flaw in the Conveyance , or clogged with Statutes and Judgements , is not , surely , of like value , as if it had descended clearly from the great Grandfather , and were free both from Claimes and Incumbrances ; and one that hath little , yet ows nothing , is likelier to thrive then he , who owing vast sums ( which he resolves never to pay ) dares not walk the streets for fear of Serjeants ; But my intent , is onely , to shew , that , our former Government ( as it excellently complied with the Laws Genius , & Interest of this Nation ) so it comprehended all the benefits of a Common-wealth , in great perfection ; And this I shall doe , as briefly , as I can . To shew how it complied with our Laws and Constitutions , let it suffice that ( Monarchy in these Nations , being more ancient then story or record , more Venerable than Tradition it self ) our Laws were ( as it were ) under that Climate , habituated to that ayre and dyet , grafted into that stock ; and though they have ( God be thanked ) forgot their Norman , yet they will hardly learn Greek , much lesse , Vtopian : That , in the late Protectours times , our Lawyers with one voice , importuned him , rather to assume the stile and power of a King , to which , they found all our Laws were shaped , then retain that of a Protectour , unknown to the Law : That nothing hath rendred our Architectours of a Common wealth more obnoxious , then that their infinite discords in other things , generally , agreed in the necessity of subverting all our Fundamentals , in order to their Designe ; which hath likewise oblig'd all sober men , and true Patriots ( even the chiefest Pillars of the Parliaments Cause , in the late War ) to unite themselves , with the Royall Interest , as not enduring to hear of those violent and dangerous alterations , which they see a Republick must introduce . For its compliance with our Genius , consider , that as our English nature is not like the French , supple to oppression , and apt to delight in that pompe and magnificence of their Lords , which they know , is supported with their slavery and hunger ; Nor like the High-land Scots , where the honour and Interest of the Chief is the glory of the whole Clan ; so do●h it , as little or lesse , agree with the Dutch humour , addicted onely to Traffick , Navigation , Handy-crafts , and fordid Thrift ; and ( in defiance of Herauldry ) every man fancying his own Scutcheon : Doth not every one amongst us , that hath the name of a Gentleman , aim his utmost to uphold it ? Every one that hath not , to raise one ? To this end , do not our very Yeomen commonly leave their Lands to the eldest Son , and to the others , nothing but a Flail or Plough ? Did not every one , that had any thing like an estate , pinch himself in his condition , to purchase a knight-hood or smal Patent ? What need further proof ? Our late experience of that glympse and shadow of Monarchy , ( though in persons hated , and scorned , and upon a most scandalous account ) yet ( for meere resemblance ) admitted as tolerable , and in respect of a Common-wealth , Courted , clearly evinces , how gratefull the substance would be to Englishmen . For our Interest , briefly ( to wave tedious and politick discourses , ) certain it is , that our Republick , ( were it like to settle ) would alarme all our Neighbours , would make our best Allies , our bitterest enemies , and ( upon several accounts ) probably draw upon us , the united forces of Christendome to crush the Embrio . Which ( the Nation being so weakened , and divided , as it is , ) must evidently endanger our totall oppression , or at least , to bring in the King by Conquest : Besides , by what Title shall we pretend to hold Scotland and Ireland , since that of Descent is now avoided , and Consent we know there is none , nor , indeed , can any be expected ? I come now to assert , that our former Government , eminently , included all the perfections of a Free-State , and was the Kernel , as it were , of a Common-wealth , in the shell of Monarchy : First I will begin with the essentiall parts of a Common-wealth , which are three , viz. The Senate proposing , the People Resolving , the Magistrate Executing : For the Senate or Parliament , if , ever there were a free , and honourable one , it was here ; where the Deputies of the whole Nation , most freely chosen , did , with like freedome , meet , propound , debate and vote all matters of common Interest : No danger escaped their Representing ; no grievance , their complaint ; no publick right , their Claim ; or good , their Demand ; In all which the least breach of Priviledge was branded as a civil sacriledge , And though there lay no Appeal to the dispersed body of the People ( a decision manifestly impracticable in Government , and sitter indeed for Tribunes to move , then Nations to admit ) yet ( Elections being so popular , and Assemblies frequent ) the same end was attained with much more safety and convenience . The Prince had , likewise ( in effect ) but an executive Power , which he exercised by Ministers and Officers , not onely sworn , but severely accomptable : For though both he and the Lords had their Negatives in making Laws ; yet ( no Tax being impossible , but by Consent of the Commons , nor any Law , ( without it ) of such validity , that the Ministers of Justice durst enforce it ; ) There was a wise and sweet necessity for the King , and likewise for the Lords ( who were but as a grain in the Royall Scale ) to confirm all such Bills , as were convenient for the People and not greatly hurtfull to the Prince ; and so this Bug-bear Negative , was resolved into a meer Target , to shelter and preserve the Government from being altered , at the Will of the Commons , if , at any time they should prove Factious : which ( being in reason manifest ) hath been also confirmed by great experience : Our Kings having , rarely , obstructed any Bill , which they might safely grant ; but on the other side , passed many high Acts of meer Grace , circumscribing their Prerogative , and clipping its Wings ; nay , I could wish they had not peirced its bowels . This was that triple Cord , which one would think , could not be broken ; nor indeed , was it broken , but cut asunder : This was our Gold , seven times refined ; for every Bill , being thrice read , debated and agreed , in either House , was at last , brought to the King , for his Royal Assent , the Mint of our Laws : A triall so exact , that surely , no drosse could escape it ; since all Interests must thereto concur ( as truly , it was but sit they should , in the establishment of that , which must binde them all : ) This was that Temperament , which poised our Humours , and at once , endued us , with health , vigour and beauty ; No Vote was precipitated , no Act was huddled up ; As by sad events , we have since seen , that , Power being engrossed by one of the Estates , purged and modelled to the Interests of a faction ; a consequence natural to such premises : ( As in a Ballance consisting but of one scale ) nothing hath been weighed , our laws have been Mandrakes of a Nights growths , and our times as fickle as the weather or multitude . The King indeed , had the Power of making War , but he had not the means ; And then , it signified no more , than giving him leave to flye , if he could get wings ; or to go beyond Sea , so he went without shipping : He had a Sword , but he alone ) could never draw it ; for the Trained ▪ Bands were a Weapon , which he ( decently ) wore , but the Nation , onely , could use : He chose his Ministers , ( as who doth not his servants ? ) But alas , he was accomptable for them , to the Trienniall Parliament , which none but the soundest Integrity could abide : He could hinder the stroke of Justice with his Pardon ( though still , the jaws not being muzzled , it would bite terribly ) but certainly , it was great wisdom , rather , to give way ; since ( with his own scandall ) he could afford offenders but a lame and scurvy Protection ; and since the Power of relieving his VVants rested in the Commons , to ballance his Will , and oblige him to a Correspondence with Parliaments . That his Person should be most Sacred , it was but needfull ; to avoid circulation of accompt ; reasonable , since it carries with it , the Consent of Nations ; Just , that he should not be the meer But of Faction and Malice , in worse condition , than the basest of Vassals ; Honourable , that the nakednesse of Government might not be daily uncovered ; VVise , in the constitution , not at once , to trust and provoke , by forcing him to shift for his own Indemnity , no danger to the Publick seeming 〈◊〉 extream , as the Outlawry of a Prince ; no task by daily experience so difficult , as the arraigning of any Power , whether Regall or Popul●r ; And since we make golden Bridges , for flying enemies , much more may we afford them to relenting Soveraigns ; ( upon which account , in our neighbour Kingdome of France , even Princes of the blood are not subjected to capitall Punishments ; ) Finally , very safe , in the consequent , for ( being ( by the danger , threatning his corrupt Ministers ) in all probability , stript of Agents ) his personall impunity might , well , signifie somewhat to himself , but nothing to the People . A Revenue he had , for the support of his State and Family , ample ; for the ordinary Protection of his People , sufficient ; but for any undertaking , defective ; and for publick oppression ; so inconsiderable , that when Prerogative was most Rampant , our greatest Princes ( and some doubtlesse , we have had , the most renowned Warriours of their Ages ) could never prudently aspire to make themselves sole Legislatours , nor presumed to maintain Red-coats in times of Peace . If any object , ( as some , concerned , are ready enough ) that Kingly Power could here , no longer , subsist , for want of Revenew ; It is easily answered , That a King of France , indeed , could not , and God forbid , he should ; but a King of England might , and ( for ought I see ) still may ( the sale of Crown Lands , which exceeded not the value of 100000 l. per annum , being , methinks , no matter of utter ruine , but rather of easie compensation . ) For the publick Revenue was proportioned to the maintenance of Courts , not Campes and Fleets ; A Gentleman of reasonable estate may live well on his Rents ; But then , it is not convenient , he should keep Wenches , or hangers on , nor build , nor study Chymistry ; In fine , the Revenue was very competent for ordinary disbursments , as for extraordinary , if he resorted to Parliaments , the wiser he , the safer and happier , we : I desire all our Projectours of Common-wealths , to contrive greater freedom for their Citizens , then is provided by Magna Charta , and the Petition of Right ; Or shew us , that it is not much easier to violate , than to mend them : For , thereby our Lives , Liberties , and estates were , under Monarchy secured , and established , I think , as well as any thing , on this side Heaven : It were no soloecisme to say , the Subject had his Prerogative as well , as the King ; And , sure I am , he was in as good ( if not better ) condition to maintain it , the dependance being lesse on his side : Liberty was no lesse sacred than Majesty ; Noli me tangere , was likewise its Motto ; And in case of any , the least infringement ( as escapes in Government may happen even in the most perfect ; ) It was resented , as if the Nation had received a box on the Ear ; If it be , as they say , the glory of a Free-State , to exalt , the scandall of Tyranny , to Embase our Spirits ; doubtlesse , this was our onely Common-wealth : for , ever since , me thinks , we have learned quietly to take the Bastonade . I wish we now could , or could ever hope , under our Common-wealth ( what ever promises may be made us ) so perfectly to distinguish the Legislative from the Ministerial Authority , as once we did ; when the House of Commons had not the power of a Court Leet to give an Oath , nor of a Justice of the Peace , to make a Mittimus : Which distinction , doubtlesse , is the most vitall part of Freedome , and far more considerable to poor Subjects ( than the pretended Rotation ; As on the contrary , the confusion of them is an accomplishment of servitude ; For which the best Republicks , I fear , have more to answer , than any limited Prince can have ; Certain it is , that as our King in his personall capacity , made no Laws , so neither did he , by himself , execute or interpret any : No Judge took notice of his single Command , to justifie any Trespass ; no , not so much , as the breaking of an Hedge ; his Power limited by his Justice , he was ( equally with the meanest of his Subjects ) concerned in that honest Maxime , We may do just so much and no more , than we have right to do ; And it was most properly said , He could do no wrong ; because if it were wrong , he did it not , he could not do it ; It was void in the act , punishable in his agent . His Officers , as they were alike liable , so perhaps , they were more obnoxious to Indictments and suits , than any other , by how much their trespasse s●emed to be of a higher nature , and gave greater alarm : His private Will could not countermand his Publick ; his Privy seal , ever buckled to the great Seal , as being the Nations , more than his ; his Order superseded no Processe , and his displeasure threatened no man with an hours imprisonment , after the return of H●beas Cor●us : An Under Sheriff was more terrible , a Constable more sawcy , a Bailiff more troublesome than he : And yet , by his gentle Authority , this Scabbard of Prerogative ( as some in derision , have called it ) which ( if it would ) could scarce oppresse an Orphan● ; Tumult was curbed , Faction moderated , Usurpation forestalled , Intervales prevented , Perpetuities obviated , Equity administred , Clemency exalted , and the people made , onely nice and wanton with their happinesse , as appears by their ( now so impatient ) calling for that Mannah , which they so causelessely ) loathed . To Conclude , what shall I add ? The Act , enjoyning the Keepers of the great Seal , under pain of High Treason , to summon a Triennial Parliament , of course , by virtue of the Act , without further Warrant ; The Act , forbidding the Privy Councel , under like penalty , to intermeddle with Meum & Tuum , the Laws abolished the Star-chamber , High-commission , &c. branding all past , and bridling all future enormities ; the Statutes limiting the Kings Claimes , and relieving his Tenants from exaction of Forfeitures ; Besides many other principal immunities , wherewith ( by the speciall favour of God , and bounty of our Princes ) we were blessed , farr beyond any of our Neighbours ; Above all , our assurance , that we might readily , have obtained such further addition and perfection of Liberty ( if , yet , any such , there were ) as would consist with modesty , or liberty it self to ask : Do they not , aloud , proclaim , that we were then , the mirrour of Governments , envy of Monarchies , and shame of Commonwealths ; who could not but blush , to see themselves so ecclipsed and silenced , in all their pretences to Freedome ? Do they not more than justifie my Assertion , That with all the Ornaments of the noblest Kingdome , we had likwise , all the enjoyments of the Freest State . FINIS . A48106 ---- A letter humbly addrest to the most excellent father of his country, the wise and victorious prince, King William III by a dutiful and well-meaning subject. Dutiful and well meaning subject. 1698 Approx. 27 KB of XML-encoded text transcribed from 13 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A48106 Wing L1551 ESTC R22015 12409042 ocm 12409042 61461 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A48106) Transcribed from: (Early English Books Online ; image set 61461) Images scanned from microfilm: (Early English books, 1641-1700 ; 282:3) A letter humbly addrest to the most excellent father of his country, the wise and victorious prince, King William III by a dutiful and well-meaning subject. Dutiful and well meaning subject. 24 p. Printed by J. Darby ..., London : 1698. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng William -- III, -- King of England, 1650-1702. Monarchy -- Great Britain. 2006-10 TCP Assigned for keying and markup 2006-10 Aptara Keyed and coded from ProQuest page images 2006-12 Celeste Ng Sampled and proofread 2006-12 Celeste Ng Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion A LETTER Humbly addrest To the most Excellent Father of his Country , THE Wise and Victorious Prince , King William III. By a dutiful and well-meaning Subject . LONDON , Printed by J. Darby in Bartholomew-Close . 1698. SIR , A Well-meaning and dutiful Subject humbly begs your Majesty to read this Letter , which is written with no other design but only to set before you , I. What was the antient Foundation of the English Monarchy . II. How it was remov'd from off its natural Foundation . III. By what Expedients it has bin supported since that Removal . IV. By what Expedient your Majesty may support the Monarchy during your Reign ( which I pray God may be long and happy ) and also raise it to as high a degree of Glory as ever it has attain'd heretofore . I. The Monarchy of England was setled upon an over balance of Lands vested in the King , the Nobility , and the Church , who antiently possess'd above two thirds of the whole English Territory : But the Noble-men held their Lands upon condition , that they should assist the King upon all his Occasions with certain Quotas of Men well arm'd and paid : And then these Noblemen let out their Lands to their Tenants upon condition that they should always be ready to follow their respective Lords to the War as often as the King should have any occasion for their Service . So that very small Rents were demanded by the Lord from the Tenants , because he had contracted for their Personal Service . 'T was this disposition of Lands which enabled our former Kings to raise great Armies when they pleas'd , and to invade France ( their natural Enemy ) with success : and hereby it was that the Nobility upheld the Grandure of the King at home as well as abroad ; and at the same time they were a shelter and defence to the common People , if the King were inclin'd to make any Incroachments upon them . For the over-balance of Propriety ( and consequently their greatest natural Power ) was vested in the middle state of Nobility ; who were therefore able to preserve both King and People in their due bounds . Thus the English Monarchy stood upon a natural Foundation , the King being the great Landlord of his People , who were all bound by their Tenures ( in subordination to one another ) to support his Crown and Dignity . II. This antient Foundation of the English Monarchy was sap'd and undermined by K. Henry the Seventh , who ( having seen the Imperial Crown of England dispos'd of at the pleasure of the Lords who had maintain'd a War against the Crown for near 400 years ) could not but be much concern'd at the over-grown Power of the Peers , who sometimes would pull down and set up what King they pleas'd ; and this Consideration made K. Henry the Seventh seek after ways and means how to lessen the Power of the Lords , which had bin so prejudicial to the Crown : and seeing that their over grown Power was supported by the great Territories of Land of which they were possess'd , and which they could not alienate from their Heirs , He by the help of his Parliament found out a way to change the Tenure of Lands in such a manner that the Tenant should be oblig'd only to pay a Rent instead of Personal Service to his Landlord : and also a way was found out for the Lords to alienate their Lands from their Posterity . This was done to the end that the Lords might be encourag'd by an expensive way of living to sell their Lands , and that the Commons who liv'd thristily might be enabled to purchase them . Hereby it came to pass that at the end of King Henry the Eighth's Reign ( in whose time most part of the Church-Lands were also sold to the People ) the common People of England had near two thirds of the Lands of England in their proper Possession , and the King , Lords , and Church little more than one third part ; whereby the Balance was turn'd on the side of the Commons , who were therefore able to make War upon the King , Lords and Church together , as appeard afterwards in the Reign of King Charles the First . Thus it appears that the antient Foundation of the English Monarchy was remov'd in the Reign of K. Henry the Seventh ; and the over-balance of Lands falling from the Lords to the Commons , 't is evident that the Monarchy has ever since stood , not upon an Aristocratical , but a Popular Foundation ; and such a Foundation dos naturally support none but Commonwealth Forms of Government . Wherefore a Monarchy supported on such a Foundation may properly be call'd a Government of Expedients , because it is by Expedients and Inventions , and not upon any bottom of its own that it subsists . Now what Expedients our Kings have us'd to support the Monarchy is the next thing to be consider'd . Wherefore III. The Balance of Lands being chang'd by the end of K. Henry the Eighth's Reign , from the Lords and Church to the Commons of England , 't is past all doubt but that Queen Elizabeth discover'd the popular bottom of the Monarchy , because she found out the only wise Expedient by which the Monarchy upon its new Foundation was capable of being supported in its antient Lustre and Glory . Her Expedient was her Popularity , by which she accommodated her personal Administration to the true Genius of the Monarchical Constitution , as it then stood . For the whole Reign of that Queen ( of Glorious Memory ) tho long ( but not tedious ) was past over in a constant Courtship to her People , in which not only all her Actions , but sometimes her very Words expressed her knowledg , that the Monarchy was then founded on their Affections . In what Glory she supported her self and the English Monarchy by that Expedient of Popularity , notwithstanding very great Oppositions from the preeminent Powers of Europe , her History do's sufficiently explain . King James the First was not in his nature inclin'd to persue this honourable and proper Expedient , but his thoughts seem'd to be set upon his own Power more than upon his Peoples Good ; whereby it came to pass that the Flattery of the Court was more pleasing to him than the general Interest of his Kingdom . And having gotten some superficial skill in the Arts and Sciences , and a profound knowledg ( as he thought ) in Theology , he made his Court to the Divines of the Church of England , that they being appriz'd of his great Learning might in their Writings celebrate his Fame , and insinuate to the People his great Knowledg in all sorts of Divine and Human Learning . Hereupon at his first coming to the Crown of England he industriously assisted the Bishops and Church-Party against the Puritans ; whom the Church look'd upon as no less than her Enemies , because tho they could endure , yet they did not admire her Bishops and Ceremonies . And in this manner that King found out his Expedient in the Church-party , which admir'd and almost ador'd his deep Learning , oftentimes comparing him to King Solomon for Wisdom , and indeed omitted no opportunity which might gain him an extraordinary Reverence among the People . 'T is not then to be wonder'd at that King Charles the First trod in the steps of his Father , and persued the same Expedient which had been successful to his Father , especially having derived from him the same Temper of Mind , and being well pleas'd to have for his Flatterers the gravest of Divines ; whose Courtship ever tended to aggrandize the King by enlarging the Royal Prerogative , and to set it above the Laws of the Realm , by virtue of some political Doctrines which they drew from the Word of God. From hence sprang the Divine Right by which those Kings were said to reign over us , and a Divine Right of Succession to the Crown of England was derived to their Posterity . But yet King Charles the First laid too great a weight upon his Expedient , and encouraged it too much , even when the People began to be sensible that the Pulpit-Law did build the Kings Prerogative upon the Ruins of the People's Liberty : And herewith began the quarrel of the People against that King , in which he lost his Life ; and the Monarchy , losing its Expedient of the Church party , was likewise overthrown . After this an Essay was made to introduce a Commonwealth-form of Government , but it was interrupted by a Standing Army , which with their arbitrary and uncertain ways of Administration at last tir'd out the People , that they restor'd the Monarchy in the Person of King Charles the Second ; who being the Son of the Royal Martyr , was intitled to all that Assistance which the Church was capable of giving : and there was one thing more which made the Church-men exert all their Powers with the greatest vigor in favour of their restor'd King , which was this . The Clergy and their Party having bin ill treated since the downfal of King Charles the First , and being again restor'd with Charles the Second to their former Dignities , they were highly animated against the Presbyterians , by whom they had bin provoked in the late Interregnum , so that nothing was more in their Desires than to be avenged of their Enemies ; and this Master-passion of theirs was so well gratified by their King , who granted severe Laws against all Dissenters from the Church , that no Prince ever gain'd the Hearts of the Clergy and their whole Party more entirely to his Interest than Charles the Second . No Vice or Lewdness could stain the Reputation of the Martyr's Son ; but tho he were the greatest Encourager of all Profaneness and Immorality in the most open manner , yet still he was our most Religious and Gracious King. In his time all Atheists , Debauchees and loose Persons own'd the Church of England for their Mother ; which numerous Party enlarging the Pale of the Church , assisted very much to advance the Power of the King upon the foundation of a Divine Right , which it was said God had given him : so that the universal Acclamation was , viz. Great is Diana of the Ephesians , and great is the Jure divino King , the Image which fell down from Jupiter ! But notwithstanding this loud Acclamation , the cautious King , who in his Youth had bin forc'd to travel into foreign Countries , and was unwilling to take such another Journey , did not think fit to rely wholly upon this Church-Expedient , but to give it greater strength he twisted into it a Court-party , who by their Places and Pensions were oblig'd to assist his Royal Pleasure by their Votes in both Houses of Parliament : and thus the Monarchy had its Foundation laid in Place and Pension , which by angry People is call'd BRIBERY . But let that be as it will , 't is certain that Men can never act so vigorously for a Bribe , as out of mere Inclination . Besides this , mercenary Men are soon discover'd in their Designs , and the discovery of their Principle forfeits all their Credit with the People . So that a small steady Country Party in Parliament were a great clog upon the Projects of Church and Court , which , tho so closely united together , prov'd but a lame Expedient to support the Monarchy in the Person of King Charles the Second ; so that between these two stools he fell at last to the ground , but not without thoughts of the only Expedient by which he might ( had he liv'd ) have establish'd himself upon the foundation of the People of England . King James the Second would not trust to any of the fore-mention'd Expedients , because none of them could be sufficient to carry him thro all his Designs , especially thro that of introducing Popery . Nothing less than a standing Army could support his Tyranny , but Popery was too great a weight for the Army to stand under : So that whilst he was subduing the people to Popery by a Protestant Army , he lost both People and Army ; in consequence whereof he was lost himself . And that the loss of him may by means of your Majesty's happy Reign be a Gain to England , it is to be consider'd , IV. By what Expedient your Majesty may support the English Monarchy during your Reign , and by which you may raise it to as eminent a degree of Glory as it hath ever attain'd heretofore . Your Majesty may remember that the original foundation of the Monarchy was the great Territory of Land possessed by the King : but your Majesty is also sensible that there are but very small Remainders of this Territory in your present Possession ; even the very accidental additions of Lands to the Crown have bin alienated to the Favorites of the Scotish Line : So that there is need of an Expedient now as much as ever for the support of the Monarchy . Be pleas'd therefore to review the Expedients of former Princes , and see if any of them be sutable to your particular Circumstances , or proper for your Majesty to depend upon for the Support and Glory of your Throne . And , As for the Church-party , which was the darling Support of the Scotish Line , it is so much worn out by a Succession of three Kings , that 't is very weak and 〈◊〉 at present . The Craft of the Priest , 〈◊〉 〈◊〉 in framing such Interpretations of holy Scripture as serve an indirect Interest , was never discover'd so much as of late ; and no Person has so much contributed to the discovery hereof as your own self ; who by the Revolution you have lately made have revers'd all the Political Divinity which the Clergy have bin propagating since the Reign of King James the First . 'T was the Church-Clergy and Party who by their preaching and voting oppos'd the Bill for excluding James D. of York , a known Papist : 'T was this Party who impos'd upon the Nation the Doctrine of Passive Obedience to a Tyrannical King upon pain of eternal Damnation : They always avow'd the divine right of a Lineal Succession to the Crown ( by which yout Majesty is excluded ) and that all Kings are of God's ( not the Peoples ) making . From these Principles some of 'em openly refus'd to swear Allegiance to your Majesty ; and those of 'em who yield a passive Conformity to your Title and Government , have bin found in several differing stories about the ways and means whereby they satisfy their Consciences in this matter . Some have alledg'd , that your Majesty having conquer'd us , they may lawfully submit to a Usurpation which cannot be avoided , and is setled by Success : but all of 'em know that your Majesty can make Bishops and Deans de facto , and therefore they will not question the Defactoship of your Prerogative Royal. But it cannot be expected that the Clergy , who have usually requir'd the Peoples submission to their Sentiments under the pain of Damnation , should upon this Revolution be contented to cry peccavi , and openly recant all their former Doctrines of divine Polity by a hearty active conformity to your Majesty's rightful Title and Government . For this reason it is you have receiv'd so little respect from the body of the Clergy , altho we have receiv'd all that we enjoy from you . But yet suppose the Church were willing to exert it self in your Service , its Influence is not at present so powerful as it has bin : for by medling so much in State-Affairs she has lost ( in great measure ) her former Reputation : Nor has she ne're so numerous a Party as formerly she had : for all the Deists , Socinians , and Latitudinarians own no such Church-power at all . The Presbyterians , Independents , Baptists , and Quakers , tho they have their several forms of Church-Government , yet are no friends to that publickly establish'd , but they are unfeigned lovers of your Majesty . Bigotry likewise has lately suffer'd a great diminution , and Incredulity is strangely increas'd , and almost become fashionable . Thus the Authority of the Church is forc'd to submit to the Reason of Mankind ; and all those who are dutiful to your Majesty are averse to the Homilies of the Church , because they exclude you from all pretence of Right to the Crown you wear : So that the Toleration granted by your Majesty has done you more Service than Uniformity can ever do . As for the Court-party 't was never esteem'd to be any more than an Auxiliary to the Church for the support of K. Charles II. in whose Reign too it was discover'd , that after a Catalogue of Court-Pensioners was publish'd from the Press , the Complexion of his Parliaments was very much changed . And if at any time such a List should be printed , the People of England would refuse to give their Votes for them in the next Election of a Parliament , and in their stead will elect Members of a contrary temper : People commonly run out of one Extreme into another ; and when they reject a Courtier , they will probably choose a morose-humour'd Man in his place . It must be allow'd that it has the face of a politic Expedient to adopt Men of known Integrity and Love to their Country into the Court-party ; for hereby the Hearts of the People will be for the present gain'd to the Court : tho these Patriots being endued with a ductile temper , will soon become conformable to the nature of the Court. This very Expedient has for a time done good Service to your Majesty's Affairs both at home and abroad . But I think it ought to be considered only as a Cordial which for a short time may revive a languishing Man's Spirit , but yet ought not to be depended upon as a constant support of Life . And as for these new Whig-Courtiers , they will raise the Expectations of all Men to hope for a steady virtuous Administration . But when this reputed Patriot shall accommodate his Discourse to the old style of the Court ; when he shall insinuate such Notions to his old Acquaintance , the baseness and unworthiness whereof his old Friends had heard him frequently detest all his days in which he was unprefer'd ; this new Courtier soon loses all his Credit and Interest with his old Friends , who refuse to follow the Decoy Duck into the Net. But this is not all the mischief which attends this Project of a Whig-Courtier , but a personal loss of your own Reputation is actually the Consequence hereof : for as long as the Court was made up of Tories , the People were willing to excuse your Majesty , and lay the faults of Male-administration upon the Tory-Court , saying , That the old Tools would still do no other than the old Work. But when a Man of known Honour , Integrity and Love to his Country , upon getting a Preferment shall change his former Note , do Violence to himself by changing his avowed Principle , and thereby losing all the Reputation which his former Virtue had gain'd him , every Man will be apt to conclude that this new Courtier is encourag'd to do this by some higher Power , if not engag'd thereto by the fear of losing his Place or Pension . And when the People of England shall come to know that as surely as a Land-man who is imploy'd at Sea will turn Seaman , so certainly will a Patriot imploy'd in the Administration turn Courtier , they will begin in earnest to think of such a Form of Government which can subsist without a Court. And having said this , I cannot forbear telling your Majesty my Thoughts concerning a Commonwealth Party which has bin much talk'd of in England during the Reign of K. Charles the Second , and has not quite bin forgotten at any time since that Reign . A great Veneration for Monarchy has bin frequently made use of by Men to recommend themselves to the particular favor of our Kings of England ; and when real occasions have bin wanting to recommend their Affection for Monarchy to the notice of the King , a mere fantastical imaginary fear of a Common wealth has bin made use of : and hence they have bin perswading our Soverign Princes that a great number of their Subjects have form'd themselves upon Commonwealth Principles , and are still waiting an opportunity to extirpate the Monarchy , and to introduce into its place a Republican form of Government . But your Majesty has seen this fantastical Opinion sufficiently confuted : For those who were the suspected Commonwealths-men join'd heartily together in preserving the Monarchy , by voting your Majesty ( then P. of Orange ) into the English Throne , in opposition to those Adorers of Monarchy who were setting up a Regency ; who had they put the Kingly Power into the hands of a Committee , had founded a Common-wealth , or something very hardly to be distinguished from it . But to proceed from matter of Fact , to reason freely upon this matter . I cannot suppose that any Man who has the use of his Reason , and liveth under a Monarchy , should be fond of a Commonwealth , if all the ends of Government are answer'd by the settled Monarchy . So in Holland he would be thought to have lost the use of his Reason who should hazard his Life by endeavouring to introduce a Monarchy there , where all the ends of Government are perfectly answer'd by the establish'd form of a Commonwealth . The end of all Governments is the common good of the People ; and if that great End be attained under any establish'd Form , he is fit only for a Mad-house who will endeavour to pull down the established form only to introduce a new one : And a party of such mad men as these can never be sufficient to raise a jealousy in any Government which is under an upright Administration . Tho it must also be acknowledged , that as corrupt Prelats make way for a Presbyterian Government into the Church , so a corrupt Court-party may occasionally introduce a Republican form of Government into the State. But to return from this Digression , since Priest-craft and Court-craft have bin ( of late ) so much discover'd ; since Bigotry of late days is grown out of request ; since the unbigotted People are more dutiful to your Majesty than the Bigots are ; and since the common People of England are more firm and trusty than a Court-party , I cannot but think that A Real Popularity would be a better Expedient than a Church and Court-party join'd together can be : for as to the Expedient of a Standing Army , 't is certain , that besides its own intrinsic insufficiency , Lewis the present French King , and James the last of England , have render'd it odious . It stinks in the Nostrils of all free-born Men , and can only be an Expedient to set up a Commonwealth . But 't is plain that A professed regard to the Common-weal of the People of England steddily persu'd did raise the English Monarchy under the Administration of Q. Elizabeth ( of blessed memory ) to as high a degree of Glory as it did ever attain to when it stood upon its natural Foundation . Nor is any Expedient so proper for your Majesty to use as this . For , 1. Upon this Foundation the Glory of your Illustrious Ancestors was built . And , 2. Hereby your Majesty was recommended to the just and rightful possession of the Crown which at present you adorn . Party-taking , Party-making , or Partiality of all sorts overthrew King Charles the First , shook the Throne of King Charles the Second , and overturn'd the Monarchy under the Administration of the late King James , which by your Majesty's Affection to the People of England was restor'd , and by the same means is still preserv'd , and may be advanc'd to as high a pitch of Glory as ever heretofore it had gain'd . For hereby , 1. All the true ends of Government will be fully answered . 2. All Factions and Parties will be sunk and forgotten : there will be no Whig nor Tory , no Jacobite , no Church-party , Court-party , nor Country-party : for the Interest of Court and Country will be one and the same , which has not been known since the death of Queen Elizabeth , and therefore will be wonderfully pleasing for its Novelty , as well as for its Profitableness . 3. Virtue and Honesty ( which have bin much decay'd of late years ) will be encourag'd and restor'd . For no Man can pretend to recommend himself to your Royal Favour but by advancing the Design which your Majesty openly does encourage . 4. Hereby your Majesty will gain such a Credit with your People , as by virtue thereof very much to increase the Wealth and Strength of the Nation in a short time . And your Majesty's Revenue must necessarily bear a sutable proportion to the Trade of your Subjects ; so that he who commands the Trade of the World , will consequently command the Wealth of the World. And , 5. Hereby you may be able to follow the two great Maxims of Queen Elizabeth's Reign , which were , 1 st . To be the Head of the Protestants all over the World. And , 2 dly . To keep the Balance of Europe equal and steddy . And thus the Glory of the English Monarchy under your Majesty's gracious Administration will be the Terror of others , and the Delight of all English People , which is the sincere desire of Your Majesty's most faithful , dutiful , and humble Subject and Servant . THE END . A74172 ---- A letter from his Maty. King Charls IId. To his peers the Lords in England. Directed to our right trusty and right well-beloved cosens the peerage of our Kingdom of England. Charles II, King of England, 1630-1685. This text is an enriched version of the TCP digital transcription A74172 of text R211723 in the English Short Title Catalog (Thomason 669.f.24[28]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A74172 Wing C3095A Thomason 669.f.24[28] ESTC R211723 99870429 99870429 163759 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A74172) Transcribed from: (Early English Books Online ; image set 163759) Images scanned from microfilm: (Thomason Tracts ; 247:669f24[28]) A letter from his Maty. King Charls IId. To his peers the Lords in England. Directed to our right trusty and right well-beloved cosens the peerage of our Kingdom of England. Charles II, King of England, 1630-1685. England and Wales. Sovereign (1660-1685 : Charles II) 1 sheet ([1] p.) Printed for Charls Gustavus, [London] : in the year 1660. "An exhortation to bring the people of England to their former obedience." -- Cf. Steele. Place of publication from Wing. Annotation on Thomason copy: "March 20. 1659". Reproduction of the original in the British Library. eng Monarchy -- England -- Early works to 1800. Great Britain -- History -- Commonwealth and Protectorate, 1649-1660 -- Early works to 1800. A74172 R211723 (Thomason 669.f.24[28]). civilwar no A letter from his Maty. King Charls IId. To his peers the Lords in England. Directed to our right trusty and right well-beloved cosens the P Charles II, King of England 1660 956 1 0 0 0 0 0 10 C The rate of 10 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2008-03 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-12 Mona Logarbo Sampled and proofread 2008-12 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion C R DIEV ET MON DROIT HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms A Letter from his Maty. King Charls IId . To his Peers the Lords in ENGLAND . DIRECTED To our Right Trusty and Right Well beloved Cosens the Peerage of our Kingdom of ENGLAND . RIght Trusty and Right wel-beloved Cosens We greet you well ; After such amazements and assaults upon Our Patience , as no times of malice or cruelty can paralel ( not excluding those of Pharaoh and Herod , holding the comparison to our humane condition ; ) After we have circumspectly measured the madnesse of Our People with the raging of the Seas and noise of the waves , ( the extent of which comparisons none can reach but He who holds the waters in His Fist , and weighs the winds in a Ballance ; ) We are led to contemplate the Chaos from whence God raised the goodly structure which we continunually behold . And finding the Light to be the begnning of the Creation , We thought fit to separate you from the present confusion fallen upon Our people , even you whom Our Ancestors have clarified from the common sort , and therefore dignified , that by your prudence the misguidings and wanderings of Our meaner Subjects may be undeceived and reduced , who do now . ( after the rash rejection of Our glorified Fathers prophetique Admonitions ) feel the fruits of their follies to become their own ruine , beyond their wisdom and power to redeem . How often We have visited them with Meeknesse and Clemency in our Messages and Invitations from the Courts of Princes , whom , ( for their onely sakes , Our Predecessors have made their enemies ) even when their offered powers would have enabled Us to correct Our most rigid Rebels , cannot by Us ( without regret for such enforcements ) be remembred ; Nor are Our Subjects themselves without a sad sense of this , who , following their ambitious and avaritions blinde Conductors , are fallen into Laberinths of enmities with those Princes , whereout their deepest subtleties cannot bring them . Happily by your instructions they may learn the Truth of this from their inconstant similitude the Seas , wch for many hundred of years , have by the Wisdom of our Ancestors their Princes , embraced them as their dearest Friends , as well conveighing them with their Merchandize to the utmost parts of the World , as also returning them with such fraights , as have made their Ware-houses the Magazines of other Countries , whereas at present ( though they be the chief Proprietors of the Worlds Food and cloathing , and Navigation ) even those Seas , for want of a lawful Soveraignty , deny them further Tutelage ; The Ports of their antient Allyes refuse them Trade or Harbourage ; And England which sate as a Virgin Queen upon the Waters , is Deflored , Ravished , and carried Captive into their Ports who formerly thought no Wealth too pretious to woe her . We say we look upon your Lordships shining as Tapors to our blinded Subjects , and as Light-houses to their Unpiloted Rovings , which Office we consider to be to you also a Dignity , formerly belonging to the Lamps of the Church , though now they are under a Bushel ; As for the giddy multitude we pitty them with that Christian Proverb , Eheu quam honeste miserii erant , for by imitateing their Superiors they think they do well . When we behold the Robes of some mens Consciences , who visit us in Corporal Rags ( the best Purchases their Loyalty can make ) we rest assured , that you who have this Worlds Wealth and not the Priviledge to use it , cannot enchain your Noble Souls to such slavery ; Nor is it our desire to invite you to violence , but the Peace which we wish to your Bodies and Souls , we equally present in our daily Prayers for you , together with the meanest of our Subjects , and seeing your Christianity commands your Brotherly Love even to your most inferiour Nighbours , you cannot better testifie the same , then by your example to bring them into the Way of Truth , which they shall never find in the Paths of Rebellion . Again we call upon you our Peers , who cannot be unsensible that the Streams of your own Honour must necessarily faile , when the Fountain which should feed them is diverted ; We advise you to learn of the Hebrews , who after that absence of their King David ( more then seven times doubled by Our sufferings ) grew to contention for bringing home their persecuted Prince . Nor are the opportunities difficult to your performance , there having been , in these many years of Our pilgrimage , divers assemblings of Our Subjects , which still continuing , you may , if you please , impart unto them such provident Instructions , as may return them to their antient Duty and future welfare , the after fruits whereof none of you need to doubt ; if you reflect upon the Felicities which all your Ancestors have enjoyed under the Raigns of Our Predecessors ; The inferiour sort having alwayes before them that formidable affrightment of present beggary and continued want of Trade , so long as they ●hall persist in disobedience to theirs and your injured and oppressed Soveraign . March . 20. 1659 C. R. Printed for Charls Gustavus , in the year , 1660. A41308 ---- Patriarcha, or, The natural power of Kings by the learned Sir Robert Filmer. Filmer, Robert, Sir, d. 1653. 1680 Approx. 165 KB of XML-encoded text transcribed from 78 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A41308 Wing F922 ESTC R29832 11209688 ocm 11209688 46808 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A41308) Transcribed from: (Early English Books Online ; image set 46808) Images scanned from microfilm: (Early English books, 1641-1700 ; 1441:70) Patriarcha, or, The natural power of Kings by the learned Sir Robert Filmer. Filmer, Robert, Sir, d. 1653. [12], 141 p. : port. Printed and are to be sold by Walter Davis ..., London : 1680. Frontispiece: engraved portrait of Charles II. 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Monarchy. 2000-00 TCP Assigned for keying and markup 2001-08 SPi Global Keyed and coded from ProQuest page images 2001-09 TCP Staff (Michigan) Sampled and proofread 2001-09 TCP Staff (Michigan) Text and markup reviewed and edited 2001-11 pfs Batch review (QC) and XML conversion CAROLUS Secundus Dei Gratia , Angliae , Scotiae , Franciae , et Hiberniae Rex , Fidei Defensor etc. Patriarcha : OR THE Natural Power OF KINGS . By the Learned Sir ROBERT FILMER , Baronet . Lucan . Lib. 3. Libertas — Populi , quem regna coercent Libertate perit — Claudian . Fallitur , egregio quisquis sub Principe oredit Servitium ; nusquam Libertas gratior extat Quam sub Rege pio — . LONDON , Printed , and are to be sold by Walter Davis Book-binder , in Amen-Corner , near Pater-noster-row , 1680. The COPY OF A LETTER Written by the Late Learned Dr. PETER HEYLYN , to Sir Edward Filmer , Son of the Worthy Author , concerning this Book and his other Political Discourses . SIR , HOW great a Loss I had in the death of my most dear and honoured Friend , your deceased Father , no man is able to conjecture , but he that hath suffered in the like . So affable was his Conversation , his Discourse so rational , his Judgment so exact in most parts of Learning , and his Affections to the Church so Exemplary in him , that I never enjoyed a greater Felicity in the company of any Man living , than I did in his : In which respects I may affirm both with Safety and Modesty , that we did not only take sweet Counsel together , but walked in the House of God as Friends : I must needs say , I was prepared for that great Blow , by the loss of my Preferment in the Church of Westminster , which gave me the opportunity of so dear and beloved a Neighbourhood ; so that I lost him partly before he died , which made the Misery the more supportable , when I was deprived of him for altogether . But I was never more sensible of the infelicity , than I am at this present , in reference to that satisfaction , which I am sure he could have given the Gentleman whom I am to deal with : His eminent Abilities in these Political Disputes , exemplified in his Judicious Observations upon Aristotles Politiques ; as also in some passages on Grotius , Hunton , Hobbs , and other of our late Discoursers about Forms of Government , declare abundantly how fit a Man he might have been to have dealt in this cause , which I would not willingly should be betrayed by unskilful handling : And had he pleased to have suffered his Excellent Discourse called Patriarcha to appear in Publick , it would have given such satisfaction to all our great Masters in the Schools of Politie , that all other Tractates in that kind , had been found unnecessary . Vide Certamen Epistolare . 386. THE CONTENTS . CHAP. I. That the first Kings were Fathers of Families . ( 1 ) THE Tenent of the Natural Liberty of the People , New , Plausible , and Dangerous . ( 2 ) The Question stated out of Bellarmine , and some Contradictions of his noted . ( 3 ) Bellarmine's Argument answered out of Bellarmine himself . ( 4 ) The Royal Authority of the Patriarchs before the Flood . ( 5 ) The Dispersion of Nations over the World after the Confusion of Babel , was by entire Families , over which the Fathers were Kings . ( 6 ) And from them all Kings descended . ( 7 ) All Kings are either Fathers of their People : ( 8 ) Or Heirs of such Fathers , or Vsurpers of the Right of such Fathers . ( 9 ) Of the Escheating of Kingdoms . ( 10 ) Of Regal and Paternal Power and of their Agreement . CHAP. II. It is unnatural for the People to Govern , or Chose Governours . ( 1 ) ARistotle examined about the Fredom of the People , and justisied . ( 2 ) Suarez disputes against the Regality of Adam . ( 3 ) Families diversly defined by Aristotle , Bodin , and others . ( 4 ) Suarez contradicting Bellarmine . ( 5 ) Of Election of Kings , ( 6 ) By the major part of the People , ( 7 ) By Proxie , and by Silent Acceptation . ( 8 ) No example in Scripture of the Peoples Choosing their King. Mr. Hookers judgement therein . ( 9 ) God governed alwayes by Monarchy . ( 10 ) Bellarmine and Aristotles judgement of Monarchy . ( 11 ) Imperfections of the Roman Democratie . ( 12 ) Rome began her Empire under Kings , and perfected it under Emperours . In danger the People of Rome always fled to Monarchy . ( 13 ) VVhether Democraties were invented to bridle Tyrants , or whether they crept in by stealth . ( 14 ) Democraties vilified by their own Historians . ( 15 ) Popular Government more Bloody than Tyranny . ( 16 ) Of a mixed Government of the King and People . ( 17 ) The People may not judge nor correct their King. ( 18 ) No Tyrants in England since the Conquest . CHAP. III. Positive Laws do not infringe the Natural and Fatherly Power of Kings . ( 1 ) REgal Authority not subject to Positive Laws . Kings were before Laws . The Kings of Judah and Israel not tyed to Laws . ( 2 ) Of Samuel's Description of a King. ( 3 ) The Power ascribed to Kings in the New Testament . ( 4 ) VVhether Laws were invented to bridle Tyrants . ( 5 ) The Benefit of Laws . ( 6 ) Kings keep the Laws , though not bound by the Laws . ( 7 ) Of the Oaths of Kings . ( 8 ) Of the Benefit of the Kings Prerogative over Laws . ( 9 ) The King the Author , the Interpreter , and Corrector of the Common Laws . ( 10 ) The King Iudge in all Causes both before the Conquest and since . ( 11 ) The King and his Councel anciently determined Causes in the Star-Chamber . ( 12 ) Of Parliaments . ( 13 ) VVhen the People were first called to Parliaments . ( 14 ) The Liberty of Parliaments not from Nature , but from the Grace of Princes . ( 15 ) The King alone makes Laws in Parliament . ( 16 ) He Governs Both Houses by himselfe , ( 17 ) Or by His Councel , ( 18 ) Or by His Iudges . ERRATA . Page 4. line 3. for Calume read Calvin . CHAP. I. That the first Kings were Fathers of Families . ( 1 ) THE Tenent of the Natural Liberty of Mankind , New , Plausible , and Dangerous . ( 2 ) The Question stated out of Bellarmine : Some Contradictions of his noted . ( 3 ) Bellarmine's Argument answered out of Bellarmine himself . ( 4 ) The Royal Authority of the Patriarchs before the Flood . ( 5 ) The dispersion of Nations over the World after the Confusion of Babel , was by entire Families , over which the Fathers were Kings . ( 6 ) and from them all Kings descended . ( 7 ) All Kings are either Fathers of their People , ( 8 ) Or Heirs of such Fathers , or Vsurpers of the Right of such Fathers . ( 9 ) Of the Escheating of Kingdoms . ( 10 ) Of Regal and Paternal Power , and their Agreement . SInce the time that School-Divinity began to flourish , there hath been a common Opinion maintained , as well by Divines , as by divers other Learned Men , which affirms , Mankind is naturally endowed and born with Freedom from all Subjection , and at liberty to choose what Form of Government it please : And that the Power which any one Man hath over others , was at first bestowed according to the discretion of the Multitude . This Tenent was first hatched in the Schools , and hath been fostered by all succeeding Papists for good Divinity . The Divines also of the Reformed Churches have entertained it , and the Common People every where tenderly embrace it , as being most plausible to Flesh and Blood , for that it prodigally destributes a Portion of Liberty to the meanest of the Multitude , who magnifie Liberty , as if the height of Humane Felicity were only to be found in it , never remembring That the desire of Liberty was the first Cause of the Fall of Adam . But howsoever this Vulgar Opinion hath of late obtained a great Reputation , yet it is not to be found in the Ancient Fathers and Doctors of the Primitive Church : It contradicts the Doctrine and History of the Holy Scriptures , the constant Practice of all Ancient Monarchies , and the very Principles of the Law of Nature . It is hard to say whether it be more erroneous in Divinity , or dangerous in Policy . Yet upon the ground of this Doctrine both Iesuites , and some other zealous favourers of the Geneva Discipline , have built a perillous Conclusion , which is , That the People or Multitude have Power to punish , or deprive the Prince , if he transgress the Laws of the Kingdom ; witness Parsons and Buchanan : the first under the name of Dolman , in the Third Chapter of his First Book labours to prove , that Kings have been lawfully chastised by their Commonwealths : The latter in his Book De jure Regni apud Scotos , maintains A Liberty of the People to depose their Prince . Cardinal Bellarmine and Calume , both look asquint this way . This desperate Assertion whereby Kings are made subject to the Censures and Deprivations of their Subjects , follows ( as the Authors of it conceive ) as a necessary Consequence of that former Position of the supposed Natural Equality and Freedom of Mankind , and Liberty to choose what form of Government it please . And though Sir Iohn Heyward , Adam Blackwood , Iohn Barclay , and some others have Learnedly Confuted both Buchanan and Parsons , and bravely vindicated the Right of Kings in most Points , yet all of them , when they come to the Argument drawn from the Natural Liberty and Equality of Mankind , do with one consent admit it for a Truth unquestionable , not so much as once denying or opposing it ; whereas if they did but confute this first erroneous Principle , the whole Fabrick of this vast Engine of Popular Sedition would drop down of it self . The Rebellious Consequence which follows this prime Article of the Natural Freedom of Mankind may be my Sufficient Warrant for a modest Examination of the original Truth of it ; much hath been said , and by many , for the Affirmative ; Equity requires that an Ear be reserved a little for the Negative . In this DISCOURSE I shall give my self these Cautions : First , I have nothing to do to medle with Mysteries of State , such Arcana Imperii , or Cabinet-Councels , the Vulgar may not pry into . An implicite Faith is given to the meanest Artificer in his own Craft , how much more is it then due to a Prince in the profound Secrets of Government ? The Causes and Ends of the greatest politique Actions and Motions of State dazle the Eyes , and exceed the Capacities of all men , save only those that are hourly versed in the managing Publique Affairs : yet since the Rule for each men to know in what to obey his Prince , cannot be learnt without a relative Knowledge of those Points wherein a Sovereign may Command , it is necessary when the Commands and Pleasures of Superiours come abroad and call for an Obedience , that every man himself know how to regulate his Actions or his Sufferings ; for according to the Quality of the Thing commanded , an Active or Passive Obedience is to be yielded ; and this is not to limit the Princes Power , but the extent of the Subjects Obedience , by giving to Caesar the things that are Caesar's , &c. Secondly , I am not to question , or quarrel at the Rights or Liberties of this or any other Nation ; my task is chiefly to enquire from whom these first came , not to dispute what , or how many these are ; but whether they were derived from the Laws of Natural Liberty , or from the Grace and Bounty of Princes . My desire and Hope is , that the people of England may and do enjoy as ample Privileges as any Nation under Heaven ; the greatest Liberty in the World ( if it be duely considered ) is for a people to live under a Monarch . It is the Magna Charta of this Kingdom , all other shews or pretexts of Liberty , are but several degrees of Slavery , and a Liberty only to destroy Liberty . If such as Maintain the Natural Liberty of Mankind , take Offence at the Liberty I take to Examine it , they must take heed that they do not deny by Retail , that Liberty which they affirm by Whole-sale : For , if the Thesis be true , the Hypothesis will follow , that all men may Examine their own Charters , Deeds , or Evidences by which they claim and hold the Inheritance or Freehold of their Liberties . Thirdly , I must not detract from the Worth of all those Learned Men , who are of a contrary Opinion in the Point of Natural Liberty : the profoundest Scholar that ever was known hath not been able to search out every Truth that is discoverable ; neither Aristotle in Philosophy , nor Hooker in Divinity . They are but Men , yet I reverence their Judgements in most Points , and confess my self beholding to their Errors too in this ; something that I found amiss in their Opinions , guided me in the discovery of that Truth which ( I perswade my self ) they missed . A Dwarf sometimes may see that which a Giant looks over ; for whilest one Truth is curiously searched after , another must necessarily be neglected . Late Writers have taken up too much upon Trust from the subtile School-men , who to be sure to thrust down the King below the Pope , thought it the safest course to advance the People above the King , that so the Papal Power might take place of the Regal . Thus many an Ignorant Subject hath been fooled into this Faith , that a man may become a Martyr for his Countrey , by being a Traytor to his Prince ; whereas the New-coyned distinction of Subjects into Royallists and Patriots , is most unnatural , since the relation between King and People is so great , that their well-being is so Reciprocal . ( 2 ) To make evident the Grounds of this Question , about the Natural Liberty of Mankind , I will lay down some passages of Cardinal Bellarmine , that may best unfold the State of this Controversie . Secular or Civil Power ( saith he ) is instituted by Men ; It is in the People , unless they bestow it on a Prince . This Power is immediately in the whole Multitude , as in the Subject of it ; for this Power is in the Divine Law , but the Divine Law hath given this Power to no particular Man — If the Positive Law be taken away , there is left no Reason , why amongst a Multitude ( who are Equal ) one rather than another should bear Rule over the rest . — Power is given by the Multitude to one man , or to more , by the same Law of Nature ; for the Commonwealth cannot exercise this Power , therefore it is bound to bestow it upon some One Man , or some Few . — It depends upon the Consent of the Multitude to ordain over themselves a King , or Consul , or other Magistrates ; and if there be a lawful Cause , the Multitude may change the Kingdom into an Aristocracy or Democracy . Thus far Bellarmine ; in which passages are comprised the strength of all that ever I have read , or heard produced for the Natural Liberty of the Subject . Before I examine or refute these Doctrines , I must a little make some Observations upon his Words . First , He saith , that by the Law of God , Power is immediately in the People ; hereby he makes God to be the immediate Author of a Democratical Estate ; for a Democracy is nothing else but the Power of the Multitude . If this be true , not only Aristocracies , but all Monarchies are altogether unlawful , as being ordained ( as he thinks ) by Men , whenas God himself hath chosen a Democracy . Secondly , He holds , that although a Democracy be the Ordinance of God , yet the people have no power to use the Power which God hath given them , but only power to give away their Power ; whereby it followeth , that there can be no Democratical Government , because he saith , the people must give their Power to One Man , or to some Few ; which maketh either a Regal or Aristocratical Estate ; which the Multitude is tyed to do , even by the same Law of Nature which Originally gave them the Power : And why then doth he say , the Multitude may change the Kingdom into a Democracy ? Thirdly , He concludes , that if there be a lawful Cause , the Multitude may change the Kingdom . Here I would fain know who shall judge of this lawful Cause ? If the Multitude ( for I see no Body else can ) then this is a pestilent and dangerous Conclusion . ( 3 ) I come now to examine that Argument which is used by Bellarmine , and is the One and only Argument I can find produced by my Author for the proof of the Natural Liberty of the People . It is thus framed : That God hath given or ordained Power , is evident by Scripture ; But God hath given it to no particular Person , because by Nature all Men are Equal ; therefore he hath given Power to the People , or Multitude . To Answer this Reason , drawn from the Equality of Mankind by Nature , I will first use the help of Bellarmine himself , whose very words are these : If many men had been together created out of the Earth , they all ought to have been Princes over their Posterity . In these words we have an Evident Confession , that Creation made man Prince of his Posterity . And indeed not only Adam , but the succeeding Patriarchs had , by Right of Father-hood , Royal Authority over their Children . Nor dares Bellarmine deny this also . That the Patriarchs ( saith he ) were endowed with Kingly Power , their Deeds do testifie ; for as Adam was Lord of his Children , so his Children under him , had a Command and Power over their own Children ; but still with subordination to the First Parent , who is Lord-Paramout over his Childrens Children to all Generations , as being the Grand-Father of his People . ( 4 ) I see not then how the Children of Adam , or of any man else can be free from subjection to their Parents : And this subjection of Children being the Fountain of all Regal Authority , by the Ordination of God himself ; It follows , that Civil Power not only in general is by Divine Institution , but even the Assignment of it specifically to the Eldest Parents , which quite takes away that New and Common distinction , which refers only Power Universal and Absolute to God ; but Power Respective , in regard of the Special Form of Government , to the Choice of the people . This Lordship which Adam by Command had over the whole World , and by Right descending from him the Patriarchs did enjoy , was as large and ample as the Absolutest Dominion of any Monarch which hath been since the Creation : For Dominion of Life and Death , we find that Iudah the Father pronounced Sentence of Death against Thamar his Daughter-in-law , for playing the Harlot ; Bring her forth ( saith he ) that she may be burnt . Touching War , we see that Abram commanded an Army of 318 Souldiers of his own Family . And Esau met his Brother Iacob with 400 Men at Arms. For matter of Peace , Abraham made a League with Abimelech , and ratified the Articles with an Oath . These Acts of Judging in Capital Crimes , of making War , and concluding Peace , are the chiefest Marks of Sovereignty that are found in any Monarch . ( 5 ) Not only until the Flood , but after it , this Patriarchal Power did continue , as the very name Patriarch doth in part prove . The three Sons of Noah had the whole World divided amongst them by their Father ; for of them was the whole World over-spread , according to the Benediction given to him and his Sons , Be fruitful and multiply , and replenish the Earth . Most of the Civilest Nations of the Earth labour to fetch their Original from some One of the Sons or Nephews of Noah , which were scattered abroad after the Confusion of Babel : In this Dispersion we must certainly find the Establishment of Regal Power throughout the Kingdoms of the World. It is a common Opinion , that at the Confusion of Tongues there were 72 distinct Nations erected , all which were not Confused Multitudes , without Heads or Governours , and at Liberty to choose what Governours or Government they pleased ; but they were distinct Families , which had Fathers for Rulers over them ; whereby it appears that even in the Confusion God was careful to preserve the Fatherly Authority , by distributing the diversity of Languages according to the diversity of Families ; for so plainly it appears by the Text : First , after the Enumeration of the Sons of Iaphet , the Conclusion is , By these were the Isles of the Gentiles divided in their Lands , every one after his Tongue , after their Families , in their Nations ; so it is said : These are the Sons of Ham after their Families , after their Tongues , in their Countreys , and in their Nations . The like we read , These are the Sons of Shem after their Families , after their Tongues , in their Lands , after their Nations . These are the Families of the Sons of Noah after their Generations in their Nations ; and by these were these Nations divided in the Earth , after the Flood . In this Division of the World , some are of Opinion that Noah used Lots for the distribution of it ; others affirm he sayled about the Mediterranean Sea in Ten years , and as he went about , appointed to each Son his part , and so made the Division of the then known World into Asia , Africa , and Europe , ( according to the Number of his Sons ) the Limits of which Three Parts are all found in that Midland Sea. ( 6 ) But howsoever the manner of this Division be uncertain , yet it is most certain the Division it self was by Families from Noah and his Children , over which the Parents were Heads and Princes . Amongst these was Nimrod , who no doubt ( as Sir Walter Raleigh affirms ) was , by good Right , Lord or King over his Family ; yet against Right did he enlarge his Empire , by seizing violently on the Rights of other Lords of Families : And in this sense he may be said to be the Author and first Founder of Monarchy . And all those that do attribute unto him the Original Regal Power , do hold he got it by Tyranny or Usurpation , and not by any due Election of the People or Multitude , or by any Faction with them . As this Patriarchal Power continued in Abraham , Isaac , and Iacob , even until the Egyptian Bondage ; so we find it amongst the Sons of Ismael and Esau. It is said , These are the Sons of Ismael , and these are their Names by their Castles and Towns , Twelve Princes of their Tribes and Families . And these are the Names of the Dukes that came of Esau , according to their families & their places by their nations . ( 7 ) Some perhaps may think that these Princes and Dukes of Families were but some petty Lords under some greater Kings , because the number of them are so many , that their particular Territories could be but small , and not worthy the Title of Kingdoms ; but they must consider , that at first , Kings had no such large Dominions as they have now adays ; we find in the time of Abraham , which was about 300 years after the Flood , that in a little corner of Asia , 9 Kings at once met in Batail , most of which were but Kings of Cities apiece , with the adjacent Territories , as of Sodom , Gomorrah , Shinar , &c. In the same Chapter is mention of Melchisedeck King of Salem , which was but the City of Ierusalem . And in the Catalogue of the Kings of Edom , the Names of each King's City is recorded , as the only Mark to distinguish their Dominions . In the Land of Canaan , which was but a small circuit , Ioshuah destroyed Thirty one Kings ; and about the same time , Adonibeseck had 70 Kings , whose Hands and Toes he had cut off , and made them feed under his Table . A few years after this , 32 Kings came to Benhadad King of Syria , and about Seventy Kings of Greece went to the Wars of Troy. Caesar found more Kings in France , than there be now Princes there , and at his Sailing over into this Island , he found four Kings in our County of Kent . These heaps of Kings in each Nation , are an Argument their Territories were but small , and strongly confirms our Assertion , that Erection of Kingdoms came at first only by Distinction of Families . By manifest Footsteps we may trace this Paternal Government unto the Israelites coming into AEgypt , where the Exercise of Supreme Patriarchal Jurisdiction was intermitted , because they were in subjection to a stronger Prince . After the Return of these Israelites out of Bondage , God out of a special Care of them , chose Moses and Iosuah successively to govern as Princes in the Place and Stead of the Supreme Fathers : and after them likewise for a time , he raised up Iudges , to defend his People in time of Peril . But when God gave the Israelites Kings , he reestablished the Antient and Prime Right of Lineal Succession to Paternal Government . And whensoever he made choice of any special Person to be King , he intended that the Issue also should have benefit thereof , as being comprehended sufficiently in the Person of the Father , although the Father only was named in the Graunt . ( 8. ) It may seem absurd to maintain that Kings now are the Fathers of their People , since Experience shews the contrary . It is true , all Kings be not the Natural Parents of their Subjects , yet they all either are , or are to be reputed the next Heirs to those first Progenitors , who were at first the Natural Parents of the whole People , and in their Right succeed to the Exercise of Supreme Iurisdiction ; and such Heirs are not only Lords of their own Children , but also of their Brethren , and all others that were subject to their Fathers : And therefore we find , that God told Cain of his Brother Abel , His Desires shall be subject unto thee , and thou shalt rule over him . Accordingly , when Iacob bought his Brother's Birth-right , Isaac blessed him thus , Be Lord over thy Brethren , and let the Sons of thy Mother bow before thee . As long as the first Fathers of Families lived , the name of Patriarchs did aptly belong unto them ; but after a few Descents , when the true Fatherhood it self was extinct , and only the Right of the Father descends to the true Heir , then the Title of Prince or King was more Significant , to express the Power of him who succeeds only to the Right of that Fatherhood which his Ancestors did Naturally enjoy ; by this means it comes to pass , that many a Child , by succeeding a King , hath the Right of a Father over many a Gray-headed Multitude , and hath the Title of Pater Patriae . ( 9. ) It may be demanded what becomes of the Right of Fatherhood , in Case the Crown does escheate for want of an Heir ? Whether doth it not then Devolve to the People ? The Answer is , It is but the Negligence or Ignorance of the People to lose the Knowledge of the true Heir : for an Heir there always is . If Adam himself were still living , and now ready to die , it is certain that there is One Man , and but One in the World who is next Heir , although the Knowledge who should be that one One Man be quite lost . 2. This Ignorance of the People being admitted , it doth not by any means follow ; that for want of Heirs the Supreme Power is devolved to the Multitude , and that they have Power to Rule , and Chose what Rulers they please . No , the Kingly Power escheats in such cases to the Princes and independent Heads of Families : for every Kingdom is resolved into those parts whereof at first it was made . By the Uniting of great Families or petty Kingdoms , we find the greater Monarchies were at the first erected ; and into such again , as into their first Matter many times they return again . And because the dependencie of ancient Families is oft obscure or worn out of Knowledge ; therefore the wisdom of All or Most Princes have thought sit to adopt many times those for Heads of Families , and Princes of Provinces , whose Merits , Abilities , or Fortunes , have enobled them , or made them fit and capable of such Regal Favours . All such prime Heads and Fathers have power to consent in the uniting or conferring of their Fatherly Right of Sovereign Authority on whom they please : And he that is so Elected , claims not his Power as a Donative from the People ; but as being substituted properly by God , from whom he receives his Royal Charter of an Vniversal Father , though testified by the Ministry of the Heads of the People . If it please God , for the Correction of the Prince , or punishment of the People , to suffer Princes to be removed , and others to be placed in their rooms , either by the Factions of the Nobility , or Rebellion of the People ; in all such cases , the Judgment of God , who hath power to give and to take away Kingdoms , is most just : yet the Ministry of men who execute God's Judgments without Commission , is sinful and damnable . God doth but use and turn mens Vnrighteous Acts to the performance of his Righteous Decrees . ( 10. ) In all Kingdoms or Common-wealths in the World , whether the Prince be the Supreme Father of the People , or but the true Heir of such a Father , or whether he come to the Crown by Usurpation , or by Election of the Nobles , or of the People , or by any other way whatsoever ; or whether some Few or a Multitude govern the Commonwealth : yet still the Authority that is in any One , or in Many , or in All these , is the only Right and Natural Authority of a Supreme Father . There is and always shall be continued to the End of the World , a Natural Right of a Supreme Father over every Multitude , although by the secret Will of God , many at first do most unjustly obtain the Exercise of it . To confirm this Natural Right of Regal Power , we find in the Decalogue , That the Law which enjoyns Obedience to Kings , is delivered in the terms of Honour thy Father , as if all power were originally in the Father . If Obedience to Parents be immediately due by a Natural Law , and Subjection to Princes , but by the Mediation of an Humane Ordinance ; what reason is there that the Laws of Nature should give place to the Laws of Men ? as we see the power of the Father over his Child , gives place , and is subordinate to the power of the Magistrate . If we compare the Natural Rights of a Father with those of a King , we find them all one , without any difference at all , but only in the Latitude or Extent of them : as the Father over one Family , so the King as Father over many Families extends his care to preserve , feed , cloth , instruct and defend the whole Commonwealth . His War , his Peace , his Courts of Justice , and all his Acts of Sovereignty tend only to preserve and distribute to every subordinate and inferiour Father , and to their Children , their Rights and Privileges ; so that all the Duties of a King are summed up in an Universal Fatherly Care of his People . CHAP. II. It is unnatural for the People to Govern , or Chose Governours . ( 1. ) ARistotle examined about the Freedom of the People , and justified . ( 2. ) Suarez disputing against the Regality of Adam . ( 3. ) Families diversly defined by Aristotle , Bodin and others . ( 4. ) Suarez contradicting Bellarmine . ( 5. ) Of Election of Kings . ( 6. ) By the Major part of the People . ( 7. ) By Proxy , and by silent Acceptation . ( 8. ) No Example in Scripture of the Peoples chosing their King , Mr. Hooker's Iudgment therein . ( 9. ) God governed always by Monarchy . ( 10. ) Bellarmine and Aristotle's Iudgment of Monarchy . ( 11. ) Imperfections of the Roman Democratie . ( 12. ) Rome began her Empire under Kings , and perfected under Emperours . In danger , the People of Rome always fled to Monarchy . ( 13. ) Whether Democraties were invented to bridle Tyrants , or rather that they came in by Stealth . ( 14. ) Democraties vilified by their own Historians . ( 15. ) Popular Government more bloody than Tyranny . ( 16. ) Of a mixed Government of the King and People . ( 17. ) The People may not judge or correct their King. ( 18. ) No Tyrants in England since the Conquest . ( 1. ) BY conferring these Proofs and Reasons drawn from the Authority of the Scripture , it appears little less than a Paradox which Bellarmine and others affirm of the Freedom of the Multitude , to chose what Rulers they please . Had the Patriarchs their Power given them by their own Children ? Bellarmine does not say it , but the Contrary : If then the Fatherhood enjoyed this Authority for so many Ages by the Law of Nature , when was it lost , or when forfeited , or how is it devolved to the Liberty of the Multitude ? Because the Scripture is not favourable to the Liberty of the People ; therefore many fly to Natural Reason , and to the Authority of Aristotle . I must crave Liberty to examine or explain the Opinion of this great Philosopher ; but briefly , I find this Sentence in the Third of his Politiques . Cap. 16. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . It seems to some not to be natural for one man to be Lord of all the Citizens , since a City consists of Equals . D. Lambine in his Latine Interpretation of this Text , hath omitted the Translation of this word [ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ] by this means he maketh that to be the Opinion of Aristotle , which Aristotle alleadgeth to be the Opinion but of some . This Negligence , or Wilful Escape of Lambine , in not translating a word so Material , hath been an occasion to deceive many , who looking no farther than this Latine Translation , have concluded , and made the World now of late believe , that Aristotle here maintains a Natural Equality of Men ; and not only our English Translator of Aristotle's Politiques is in this place misled by following Lambine ; but even the Learned Monsieur Duvall in his Synopsis bears them company : and yet this Version of Lambine's is esteemed the best , and Printed at Paris with Causabon's corrected Greek Copy , though in the rendring of this place , the Elder Translations have been more faithful ; and he that shall compare the Greek Text with the Latine , shall find that Causabon had just cause in his Preface to Aristotle's Works , to complain that the best Translations of Aristotle did need Correction : To prove that in these words which seem to favour the Equality of Mankind , Aristotle doth not speak according to his own Judgment , but recites only the Opinion of others ; we find him clearly deliver his own Opinion , that the Power of Government did originally arise from the Right of Fatherhood , which cannot possibly consist with that Natural Equality which Men dream of : for in the First of his Politiques he agrees exactly with the Scripture , and lays this Foundation of Government , The first Society ( saith he ) made of Many Houses is a Village , which seems most naturally to be a Colony of Families or foster Brethren of Children and Childrens Children . And therefore at the beginning , Cities were under the Government of Kings , for the eldest in every house is King : And so for Kindred-sake it is in Colonies . And in the fourth of his Politiques , cap. 2 , He gives the Title of the first and Divinest sort of Government to the Institution of Kings , by Defining Tyranny to be a Digression from the First and Divinest . Whosoever weighs advisedly these passages , will find little hope of Natural Reason in Aristotle to prove the Natural Liberty of the Multitude . Also before him the Divine Plato concludes a Commonweal to be nothing else but a large Family . I know for this Position Aristotle quarrels with his Master , but most unjustly , for therein he contradicts his own Principles : for they both agree to fetch the Original of Civil Government from the prime Government . No doubt but Moses's History of the Creation guided these two Philosophers in finding out of this Lineal Subjection , deduced from the Laws of the First Parents , according to that Rule of St. Chrysostom , God made all Mankind of One Man , that he might teach the World to be Governed by a King , and not by a Multitude . The Ignorance of the Creation , occasioned several Errors amongst the Heathen Philosophers . Polybius , though otherwise a most profound Philosopher , and Judicious Historian , yet here he stumbles ; for in searching out the Original of Civil Societies , he conceited , That Multitudes of Men after a Deluge , a Famine , or a Pestilence , met together like Herds of Cattel without any Dependency , untill the strongest Bodies and boldest Minds got the Mastery of their Fellows ; even as it is ( saith he ) among Bulls , Bears and Cocks . And Aristotle himself , forgetting his first Doctrine , tells us , the first Heroical Kings were chosen by the People for their deserving well of the Multitude ; either by teaching them some New Arts , or by Warring for them , or by Gathering them together , or by Dividing Land amongst them ; also Aristotle had another Fancy , that those Men who prove wise of Mind , were by Nature intended to be Lords , and Govern , and those which were Strong of Body were ordained to obey , and to be Servants . But this is a dangerous and uncertain Rule , and not without some Folly ; for if a man prove both Wise and Strong , what will Aristotle have done with him ? as he was Wise , he could be no Servant , and as he had Strength , he could not be a Master ; besides , to speak like a Philosopher , Nature intends all things to be perfect both in Wit and Strength . The Folly or Imbecillity proceeds from some Errour in Generation or Education ; for Nature aims at Perfection in all her Works . ( 2 ) Suarez the Jesuite riseth up against the Royal Authority of Adam , in defence of the Freedom and Liberty of the people ; and thus argues . By Right of Creation ( saith he ) Adam had only Oeconomical power , but not Political ; he had a power over his Wife , and a Fatherly power over his Sons , whilst they were not made Free : he might also in process of Time have Servants and a Compleat Family ; and in that Family he might have compleat Oeconomical Power . But after that Families began to be multiplied , and Men to be separated , and become the Heads of several Families ; they had the same power over their Families . But Political Power did not begin , until Families began to be gathered together into one perfect Community ; wherefore as the Community did not begin by the Creation of Adam , nor by his Will alone , but of all them which did agree in this Community : So we cannot say that Adam Naturally had Political Primacy in that Community ; for that cannot be gathered by any Natural Principles , because by the Force of the Law of Nature alone , it is not due unto any Progenitor , to be also King of his Posterity . And if this be not gathered out of the Principles of Nature , we cannot say , God by a special Gift or Providence gave him this Power ; For there is no Revelation of this , nor Testimony of Scripture . Hitherto Suarez . Whereas he makes Adam to have a Fatherly power over his Sons , and yet shuts up this power within One Family , he seems either to imagine , that all Adam's Children lived within one House , and under one Roof with their Father ; or else , as soon as any of his Children lived out of his House , they ceased to be Subject , and did thereby become Free. For my part , I cannot believe that Adam ( although he were sole Monarch of the World ) had any such spacious Palace , as might contain any such Considerable part of his Children . It is likelier , that some mean Cottage or Tent did serve him to keep his Court in . It were hard he should lose part of his Authority , because his Children lay not within the Walls of his House . But if Suarez will allow all Adam's Children to be of his Family , howsoever they were separate in Dwellings ; if their Habitations were either Contiguous , or at such Distance , as might easily receive his Fatherly Commands . And that all that were under his Commands , were of his Family , although they had many Children or Servants married , having themselves also Children . Then I see no reason , but that we may call Adam's Family a Commonwealth , except we will wrangle about Words : For Adam living 930 years , and seeing 7 or 8 Descents from himself , he might live to command of his Children and their Posterity a Multitude far bigger , than many Commonwealths and Kingdoms . ( 3. ) I know the Politicians and Civil Lawyers do not agree well about the Definition of a Family , and Bodin doth seem in one place to confine it to a House ; yet in his Definition , he doth enlarge his meaning to all Persons under the Obedience of One and the Same Head of the Family ; and he approves better of the propriety of the Hebrew Word for a Family , which is derived from a Word that signifies a Head , a Prince , or Lord , than the Greek Word for a Family , which is derived from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which signifies a House . Nor doth Aristotle confine a Family to One House ; but esteems it to be made of those that daily converse together : whereas before him , Charondas called a Family Homosypioi , those that feed together out of one common Pannier . And Epimenides the Cretian , terms a Family Homocapnoi , those that sit by a Common Fire , or Smoak . But let Suarez understand what he please by Adam's Family ; if he will but confess , as he needs must , that Adam and the Patriarchs had Absolute power of Life and Death , of Peace and War , and the like , within their Houses or Families ; he must give , us leave at least , to call them Kings of their Houses or Families ; and if they be so by the Law of Nature , what Liberty will be left to their Children to dispose of ? Aristotle gives the Lie to Plato , and those that say Political and Oeconomical Societies are all one , and do not differ Specie , but only Multitudine & Paucitate ; as if there were no difference betwixt a Great House and a Little City . All the Argument I find he brings against them in this . The Community of Man and Wife , differs from the Community of Master and Servant , because they have several Ends. The Intention of Nature by Conjunction of Male and Female , is Generation ; but the Scope of Master and Servant , is Preservation : so that a Wife and a Servant are by Nature distinguished , because Nature does not work like the Cutlers of Delphos , for she makes but one thing for one Use. If we allow this Argument to be sound , nothing doth follow but only this , That Conjugal and Despotical communities do differ . But it is no consequence , That therefore , Oeconomical and Political Societies do the like : For though it prove a Family to consist of two distinct Communities , yet it follows not , that a Family and a Commonwealth are distinct ; because , as well in the Commonweal , as in the Families , both these Communities are found . And as this Argument comes not home to our Point , so it is not able to prove that Title which it shews for ; for if it should be granted ( which yet is false ) that Generation and Preservation differ about the Individuum , yet they agree in the General , and serve both for the Conservation of Mankind ; Even as several Servants differ in the particular Ends or Offices ; as one to Brew , and another to Bake ; yet they agree in the general Preservation of the Family . Besides , Aristotle confesses , that amongst the Barbarians ( as he calls all them that are not Grecians ) a Wife and a Servant are the same , because by Nature , no Barbarian is fit to Govern ; It is fit the Grecians should rule over the Barbarians ; for by Nature a Servant and a Barbarian is all one : their Family consists only of an Ox for a Man-Servant , and a Wife for a Maid ; so they are fit only to rule their Wives and their Beasts . Lastly , Aristotle ( if it had pleased him ) might have remembred , That Nature doth not always make one Thing but for one Use : he knows , the Tongue serves both to Speak , and to Taste . ( 4. ) But to leave Aristotle , and return to Suarez ; he saith that Adam had Fatherly Power over his Sons , whilst they were not made Free. Here I could wish that the Jesuite had taught us , how and when Sons become Free : I know no means by the Law of Nature . It is the Favour I think of the Parents only , who when their Children are of Age and Discretion to ease their Parents of part of their Fatherly Care , are then content to remit some part of their Fatherly authority ; therefore the Custom of some Countreys doth in some Cases Enfranchise the Children of Inferiour Parents , but many Nations have no such Custome , but on the contrary have strict Laws for the Obedience of Children : the Judicial Law of Moses giveth full power to the Father to stone his disobedient Son , so it be done in presence of a Magistrate : And yet it did not belong to the Magistrate to enquire and examine the justness of the Cause ; But it was so decreed , lest the Father should in his Anger , suddenly , or secretly kill his Son. Also by the Laws of the Persians , and of the People of the Upper Asia , and of the Gaules , and by the Laws of the West-Indies , the Parents have power of Life and Death over their Children . The Romans , even in their most Popular Estate , had this Law in force , and this Power of Parents was ratified and amplified by the Laws of the Twelve Tables , to the enabling of Parents to sell their Children two or three times over . By the help of the Fatherly Power , Rome long flourished , and oftentimes was freed from great Dangers . The Fathers have drawn out of the very Assemblies their own Sons ; when being Tribunes , they have published Laws tending to Sedition . Memorable is the Example of Cassius , who threw his Son headlong out of the Consistory , publishing the Law Agraria , for the Division of Lands , in the behoof of the people ; and afterwards , by his own private Judgment put him to Death , by throwing him down from the Tarpeian Rock ; the Magistrates and People standing thereat amazed , and not daring to resist his Fatherly Authority , although they would with all their Hearts , have had that Law for the Division of Land : by which it appears , it was lawful for the Father to dispose of the Life of his Child , contrary to the Will of the Magistrates or People . The Romans also had a Law , that what the Children got , was not their own , but their Fathers ; although Solon made a Law , which acquitted the Son from Nourishing of his Father , if his Father had taught him no Trade , whereby to get his Living . Suarez proceeds , and tells us , That in Process of Time , Adam had compleat Oeconomical Power . I know not what this compleat Oeconomical Power is , nor how , or what it doth really and essentially differ from Political : If Adam did , or might exercise the same Jurisdiction , which a King doth now in a Commonwealth , then the Kinds of Power are not distinct ; and though they may receive an Accidental Difference by the Amplitude , or Extent of the Bounds of the One beyond the Other ; yet since the like Difference is also found in Political Estates , It follows that Oeconomical and Political Power , differ no otherwise , than a Little Commonweal differs from a Great One. Next , saith Suarez , Commnnity did not begin at the Creation of Adam . It is true , because he had no body to Communicate with ; yet Community did presently follow his Creation , and that by his Will alone : for it was in his power only , ( who was Lord of All ) to appoint what his Sons should have in Proper , and what in Common ; so that Propriety and Community of Goods did follow Originally from Him ; and it is the Duty of a Father , to provide as well for the Common Good of his Children , as the Particular . Lastly , Suarez Concludes , That by the Law of Nature alone , it is not due unto any Progenitor , to be also King of his Posterity . This Assertion is confuted point-blank by Bellarmine , who expresly affirmeth , That the First Parents ought to have been Princes of their posterity . And untill Suarez bring some Reason for what he saith : I shall trust more to Bellarmine's Proofs , than to his Denials . ( 5. ) But let us Condescend a while to the Opinion of Bellarmine and Suarez , and all those , who place Supreme power in the Whole People ; and ask them if their meaning be , That there is but one and the same power in All the people of the World ; so that no power can be granted , except All the Men upon the Earth meet and agree , to choose a Governour . An Answer is here given by Suarez , That it is scarce possible , nor yet expedient , that All Men in the World should be gathered together into One Community : It is likelier , that either never , or for a very short time , that this power was in this manner , in the whole Multitude of Men collected ; but a little after the Creation , men began to be divided into several Commonwealths ; and this distinct power was in Each of them . This Answer of Scarce possible , nor yet Expedient : — It is likelier begets a new doubt , how this Distinct power comes to each particular Community , when God gave it to the whole Multitude only , and not to any particular Assembly of Men. Can they shew , or prove , that ever the whole Multitude met , and divided this power which God gave them in Gross , by breaking into parcels , and by appointing a distinct power to each several Common-wealth ? Without such a Compact I cannot see ( according to their own Principles ) how there can be any Election of a Magistrate by any Commonwealth , but by a meer Usurpation upon the privilege of the whole World. If any think that particular Multitudes at their own Discretion , had power to divide themselves into several Commonwealths ; those that think so , have neither Reason nor Proof for so thinking : and thereby a Gap is opened for every petty Factious Multitude , to raise a New Commonwealth , and to make more Commonweals than there be Families in the World. But let this also be yielded them , That in each particular Commonwealth , there is a Distinct Power in the Multitude . Was a General Meeting of a Whole Kingdom ever known for the Election of a Prince ? Is there any Example of it ever found in the Whole World ? To conceit such a thing , is to imagine little less than an Impossibility . And so by Consequence , no one Form of Government , or King , was ever established according to this supposed Law of Nature . ( 6. ) It may be answered by some , That if either the Greatest part of a Kingdom , or if a smaller part only by Themselves , and all the Rest by Proxy , or if the part not concurring in Election , do after , by a Tacit Assent ratifie the Act of Others , That in all these Cases , it may be said to be the Work of the whole Multitude . As to the Acts of the Major part of a Multitude , it is true , that by Politick Humane Constitutions , it is oft ordained , that the Voices of the most shall over-rule the Rest ; and such Ordinances bind , because , where Men are Assembled by an Humane Power ; that power that doth Assemble them , can also Limit and Direct the manner of the Execution of that Power , and by such Derivative Power , made known by Law or Custom , either the greater part , or two Thirds , or Three parts of Five , or the like , have power to oversway the Liberty of their Opposits . But in Assemblies that take their Authority from the Law of Nature , it cannot be so : for what Freedom or Liberty is due to any Man by the Law of Nature , no Inferiour Power can alter , limit or diminish ; no One Man , nor a Multitude , can give away the Natural Right of another . The Law of Nature is unchangeable , and howsoever One Man may hinder Another in the Use or Exercise of his Natural Right , yet thereby No Man loseth the Right of it self ; for the Right and the Use of the Right may be distinguished , as Right and Possession are oft distinct . Therefore , unless it can be proved by the Law of Nature , that the Major , or some other part , have Power to over-rule the Rest of the Multitude ; It must follow , that the Acts of Multitudes not Entire , are not Binding to All , but only to such as Consent unto them . ( 7. ) As to the point of Proxy ; it cannot be shewed or proved , That all those that have been Absent from Popular Elections , did ever give their Voices to some of their Fellows . I ask but one Example out of the History of the whole World , let the Commonweal be but named , wherever the Multitude , or so much as the Greatest part of it consented , either by Voice or by Procuration , to the Election of a Prince . The Ambition sometimes of One Man , sometimes of Many , or the Faction of a City or Citizens , or the Mutiny of an Army , hath set up or put down Princes ; but they have never tarried for this pretended Order by proceeding of the whole Multitude . Lastly , if the silent Acceptation of a Governour by part of the People , be an Argument of their Concurring in the Election of him ; by the same Reason , the Tacit Assent of the whole Commonwealth may be maintained : From whence it follows , that every Prince that comes to a Crown , either by Succession , Conquest , or Vsurpation , may be said to be Elected by the People ; which Inference is too ridiculous ; for in such Cases , the People are so far from the Liberty of Specification , that they want even that of Contradiction . ( 8. ) But it is in vain to argue against the Liberty of the People in the Election of Kings , as long as men are perswaded , that Examples of it are to be found in Scripture . It is fit therefore , to discover the Grounds of this Errour : It is plain by an Evident Text , that it is one thing to choose a King , and another thing to set up a King over the People ; this latter power the Children of Israel had , but not the former . This Distinction is found most evident in Deut. 17. 15. where the Law of God saith , Him shalt thou set King over thee , whom the Lord shall choose ; so God must Eligere , and the People only do Constituere . Mr. Hooker in his Eighth Book of Ecclesiastical Policy , clearly expounds this Distinction ; the words are worthy the citing : Heaps of Scripture ( saith he ) are alledged , concerning the Solemn Coronation or Inauguration of Saul , David , Solomon and others , by Nobles , Ancients , and the people of the Commonwealth of Israel ; as if these Solemnities were a kind of Deed , whereby the Right of Dominion is given ; which strange , untrue , and unnatural conceits , are set abroad by Seed-men of Rebellion , only to animate unquiet Spirits , and to feed them with possibilities of Aspiring unto the Thrones , if they can win the Hearts of the People ; whatsoever Hereditary Title any other before them may have . I say these unjust and insolent Positions , I would not mention , were it not thereby to make the Countenance of Truth more Orient . For unless we will openly proclaim Defiance unto all Law , Equity and Reason , we must ( for there is no other Remedy ) acknowledg , that in Kingdoms Hereditary , Birth-right giveth Right unto Sovereign Dominion , and the Death of the Predecessor , putteth the Successor by Blood in Seisin . Those publick Solemnities before-mentioned , do either serve for an open Testification of the Inheritor's Right , or belong to the Form of inducing of him into possession of that thing he hath Right unto . This is Mr. Hooker's Judgment of the Israelites Power to set a King over themselves . No doubt , but if the people of Israel had had power to choose their King , they would never have made Choice of Ioas , a Child but of Seven years old , nor of Manasses a Boy of Twelve ; since ( as Solomon saith ) Wo to the Land whose King is a Child : Nor is it probable they would have elected Iosias , but a very Child , and a Son to so Wicked and Idolatrous a Father , as that his own Servants murthered him ; and yet all the people set up this young Iosias , and flew the Conspirators of the Death of Ammon his Father ; which Justice of the People , God rewarded , by making this Iosias the most Religious King , that ever that Nation enjoyed . ( 9. ) Because it is affirmed , that the People have power to choose , as well what Form of Government , as what Governours they please ; of which mind is Bellarmine , in those places we cited at first . Therefore it is necessary to Examine the Strength of what is said in Defence of popular Commonweals , against this Natural Form of Kingdoms , which I maintain'd . Here I must first put the Cardinal in mind of what he affirms in Cold Blood , in other places ; where he saith , God when he made all Mankind of One Man , did seem openly to signifie , that he rather approved the Government of One Man , than of Many . Again , God shewed his Opinion , when he endued not only Men , but all Creatures with a Natural Propensity to Monarchy ; neither can it be doubted , but a Natural Propensity is to be referred to God , who is Author of Nature . And again ; in a Third place , What Form of Government God confirmed by his Authority , may be gathered by that Common-weal , which he instituted amongst the Hebrews , which was not Aristocratical , ( as Calvin saith ) but plainly Monarchichal . ( 10. ) Now if God , ( as Bellarmine saith ) hath taught us by Natural Instinct , signified to us by the Creation , and confirmed by his own Example the Excellency of Monarchy , why should Bellarmine or We doubt , but that it is Natural ? Do we not find , that in every Family , the Government of One Alone , is most Natural ? God did always Govern his own People by Monarchy only . The Patriarchs , Dukes , Iudges and Kings were all Monarchs . There is not in all the Scripture , Mention or Approbation of any other Form of Government . At the time when Scripture saith , There was No King in Israel , but that every Man did that which was Right in his Own Eyes ; Even then , the Israelites were under the Kingly Government of the Fathers of particular Families : For in the Consultation , after the Benjamitical War , for providing Wives for the Benjamites , we find , the Elders of the Congregation bare only Sway. Iudges 21. 16. To them also were Complaints to be made , as appears by Verse 22. And though mention be made of All the Children of Israel , All the Congregation , and All the People ; yet by the Term of All , the Scripture means only All the Fathers , and not All the Whole Multitude , as the Text plainly expounds it self in 2. Chron. 1. 2. where Solomon speaks unto all Israel , to the Captains , the Iudges , and to Every Governour the Chief of the Fathers ; so the Elders of Israel are expounded to be the Chief of the Fathers of the Children of Israel . 1 Kings 8. 12. 2 Chron. 5. 2. At that time also , when the People of Israel beg'd a King of Samuel , they were Governed by Kingly Power . God out of a special Love and Care to the House of Israel , did choose to be their King himself , and did govern them at that time by his Viceroy Samuel , and his Sons ; and therefore God tells Samuel , They have not rejected Thee but Me , that I should not Reign over them . It seems they did not like a King by Deputation , but desired one by Succession , like all the Nations . All Nations belike had Kings then , and those by Inheritance , not by Election : for we do not find the Israelites prayed , that they themselves might choose their Own King ; they dream of no such Liberty , and yet they were the Elders of Israel gathered together . If other Nations had Elected their own Kings , no doubt but they would have been as desirous to have imitated Other Nations as well in the Electing , as in the Having of a King. Aristotle in his Book of Politicks , when he comes to compare the several Kinds of Government , he is very reserved in discoursing what Form he thinks Best : he disputes subtilely to and fro of many Points , and Judiciously of many Errours , but concludes nothing himself . In all those Books , I find little Commendation of Monarchy . It was his Hap to live in those Times when the Grecians abounded with several Commonwealths , who had then Learning enough to make them seditious . Yet in his Ethicks , he hath so much good Manners , as to confess in right down words , That Monarchy is the Best Form of Government , and a Popular Estate the Worst . And though he be not so free in his Politicks , yet the Necessity of Truth hath here and there extorted from him , that which amounts no less to the Dignity of Monarchy ; he confesseth it to be First , the Natural , and the Divinest Form of Government ; and that the Gods themselves did live under a Monarchy . What can a Heathen say more ? Indeed , the World for a long time knew no other sort of Government , but only Monarchy . The Best Order , the Greatest Strength , the Most Stability and Easiest Government , are to be found all in Monarchy , and in no other Form of Government . The New Platforms of Commonweals , were first hatched in a Corner of the World , amongst a few Cities of Greece , which have been imitated by very few other laces . Those very Cities were first , for many years , governed by Kings , untill Wantonness , Ambition or Faction of the People , made them attempt New kinds of Regiment ; all which Mutations proved most Bloody and Miserable to the Authors of them ; happy in nothing , but that they continued but a small time . ( 11. ) A little to manifest the Imperfection of Popular Government , let us but examine the most Flourishing Democratie that the World hath ever known ; I mean that of Rome . First , for the Durability ; at the most , it lasted but 480 Years ( for so long it was from the Expulsion of Tarquin , to Iulius Caesar. ) Whereas both the Assyrian Monarchy lasted , without Interruption , at the least twelve hundred years , and the Empire of the East continued 1495 Years . 2. For the Order of it , during these 480 years , there was not any One settled Form of Government in Rome : for after they had once lost the Natural Power of Kings , they could not find upon what Form of Government to rest : their Fickleness is an Evidence that they found things amiss in every Change. At the First they chose two Annual Consuls instead of Kings . Secondly , those did not please them long , but they must have Tribunes of the People to defend their Liberty . Thirdly , they leave Tribunes and Consuls , and choose them Ten Men to make them Laws . Fourthly , they call for Consuls and Tribunes again : sometimes they choose Dictators , which were Temporary Kings , and sometimes Military Tribunes , who had Consular Power . All these shiftings caused such notable Alteration in the Government , as it passeth Historians to find out any Perfect Form of Regiment in so much Confusion : One while the Senate made Laws , another while the People . The Dissentions which were daily between the Nobles and the Commons , bred those memorable Seditions about Vsury , about Marriages , and about Magistracy . Also the Graecian , the Apulian , and the Drusian Seditions , filled the Market-places , the Temples , and the Capitol it self , with Blood of the Citizens ; the Social War was plainly Civil ; the Wars of the Slaves , and the other of the Fencers ; the Civil Wars of Marius and Sylla , of Cataline , of Caesar and Pompey the Triumvirate , of Augustus , Lepidus and Antonius : All these shed an Ocean of Blood within Italy and the Streets of Rome . Thirdly , for their Government , let it be allowed , that for some part of this time it was Popular , yet it was Popular as to the City of Rome only , and not as to the Dominions , or whole Empire of Rome ; for no Democratie can extend further than to One City . It is impossible to Govern a Kingdom , much less many Kingdoms by the whole People , or by the Greatest Part of them . ( 12. ) But you will say , yet the Roman Empire grew all up under this kind of Popular Government , and the City became Mistress of the World. It is not so ; for Rome began her Empire under Kings , and did perfect it under Emperours ; it did only encrease under that Popularity : Her greatest Exaltation was under Trajan , as her longest Peace had been under Augustus . Even at those times , when the Roman Victories abroad , did amaze the World , then the Tragical Slaughter of Citizens at home , deserved Commiseration from their vanquished Enemies . What though in that Age of her Popularity , she bred many admired Captains and Commanders ( each of which was able to lead an Army , though many of them were but ill requited by the People ? ) yet all of them were not able to support her in times of Danger ; but she was forced in her greatest Troubles to create a Dictator ( who was a King for a time ) thereby giving this Honourable Testimony of Monarchy , that the last Refuge in Perils of States , is to fly to Regal Authority . And though Romes Popular Estate for a while was miraculously upheld in Glory by a greater Prudence than her own ; yet in a short time , after manifold Alterations , she was ruined by her Own Hands . Suis & ipsa Roma viribus ruit : For the Arms she had prepared to conquer other Nations , were turned upon her Self , and Civil Contentions at last settled the Government again into a Monarchy . ( 13. ) The Vulgar Opinion is , that the first Cause why the Democratical Government was brought in , was to curb the Tyranny of Monarchies . But the Falshood of this doth best appear by the first Flourishing Popular Estate of Athens , which was founded , not because of the Vices of their last King , but that his Vertuous Deserts were such as the people thought no man Worthy enough to succeed him ; a pretty wanton Quarrel to Monarchy ! For when their King Codrus understood by the Oracle , that his Country could not be saved , unless the King were slain in the Battel : He in Disguise entered his Enemies Camp , and provoked a Common Souldier to make him a Sacrifice for his own Kingdom , and with his Death ended the Royal Government ; for after him was never any more Kings of Athens . As Athens thus for Love of her Codrus , changed the Government , so Rome on the contrary , out of Hatred to her Tarquin , did the like . And though these two famous Commonweals did for contrary causes abolish Monarchy , yet they both agreed in this , that neither of them thought it fit to change their State into a Democratie : but the one chose Archontes , and the other Consuls to be their Governours ; both which did most resemble Kings , and continued , untill the People by lessening the Authority of these their Magistrates , did by degrees and stealth bring in their Popular Government . And I verily believe , never any Democratical State shewed it self at first fairly to the World by any Elective Entrance , but they all secretly crept in by the Back-door of Sedition and Faction . ( 14. ) If we will listen to the Judgment of those who should best know the Nature of Popular Government , we shall find no reason for good men to desire or choose it . Zenophon that brave Scholar and Souldier disallowed the Athenian Commonweal , for that they followed that Form of Government wherein the Wicked are always in greatest Credit , and Vertuous men kept under . They expelled Aristides the Just ; Themistocles died in Banishment ; Meltiades in Prison ; Phocion the most virtuous and just man of his Age , though he had been chosen forty five times to be their General , yet he was put to Death with all his Friends , Kindred and Servants , by the Fury of the People , without Sentence , Accusation , or any Cause at all . Nor were the People of Rome much more favourable to their Worthies ; they banished Rutilius , Metellus , Coriolanus , the Two Scipio's and Tully : the worst men sped best ; for as Zenophon saith of Athens , so Rome was a Sanctuary for all Turbulent , Discontented and Seditious Spirits . The Impunity of Wicked men was such , that upon pain of Death , it was forbidden all Magistrates to Condemn to Death , or Banish any Citizen , or to deprive him of his Liberty , or so much as to whip him for what Offence soever he had committed , either against the Gods or Men. The Athenians sold Justice as they did other Merchandise ; which made Plato call a Popular Estate a Fair , where every thing is to be sold. The Officers when they entered upon their Charge , would brag , they went to a Golden Harvest . The Corruption of Rome was such , that Marius and Pompey durst carry Bushels of Silver into the Assemblies , to purchase the Voices of the People . Many Citizens under their Grave Gowns , came Armed into the Publick Meetings , as if they went to War. Often contrary Factions fell to Blows , sometimes with Stones , and sometimes with Swords ; the Blood hath been suckt up in the Market Places with Spunges ; the River Tiber hath been filled with the Dead Bodies of the Citizens , and the common Privies stuffed full with them . If any man think these Disorders in Popular States were but Casual , or such as might happen under any kind of Government , he must know , that such Mischiefs are Unavoidable , and of necessity do follow all Democratical Regiments ; and the Reason is given , because the Nature of all People is , to desire Liberty without Restraint , which cannot be but where the Wicked bear Rule ; and if the People should be so indiscreet , as to advance Vertuous Men , they lose their Power : For that , Good Men would favour none but the Good , which are always the fewer in Number ; and the Wicked and Vitious ( which is still the Greatest Part of the People ) should be excluded from all Preferment , and in the End , by little and little , Wise men should seize upon the State , and take it from the People . I know not how to give a better Character of the People , than can be gathered from such Authors as lived Amongst or Near the Popular States ; Thucydides , Zenophon , Livie , Tacitus , Cicero , and Salust , have set them out in their Colours . I will borrow some of their Sentences : There is nothing more uncertain than the People ; their Opinions are as variable and suddain as Tempests ; there is neither Truth nor Judgment in them ; they are not led by Wisdom to judg of any thing , but by Violence and Rashness ; nor put they any Difference between things True and False . After the manner of Cattel , they follow the Herd that goes before ; they have a Custom always to favour the Worst and Weakest ; they are most prone to Suspitions , and use to Condemn men for Guilty upon any false Suggestion ; they are apt to believe all News , especially if it be sorrowful ; and like Fame , they make it more in the Believing ; when there is no Author , they fear those Evils which themselves have feigned ; they are most desirous of New Stirrs and Changes , and are Enemies to Quiet and Rest ; whatsoever is Giddy or Head-strong , they account Manlike and Couragious ; but whatsoever is Modest or provident , seems sluggish ; each man hath a Care of his Particular , and thinks basely of the Common Good ; they look upon Approaching Mischiefs as they do upon Thunder , only every man wisheth it may not touch his own Person ; it is the Nature of them , they must Serve basely , or Domineer proudly ; for they know no Mean. Thus do they paint to the Life this Beast with many Heads . Let me give you the Cypher of their Form of Government ; As it is begot by Sedition , so it is nourished by Arms : It can never stand without Wars , either with an Enemy abroad , or with Friends at Home . The only Means to preserve it , is , to have some powerful Enemies near , who may serve instead of a King to Govern it , that so , though they have not a King amongst them , yet they may have as good as a King Over them : For the Common Danger of an Enemy keeps them in better Unity , than the Laws they make themselves . ( 15 ) Many have exercised their Wits in parallelling the Inconveniences of Regal and Popular Government , but if we will trust Experience before Speculations Philosophical , it cannot be denyed but this one Mischief of Sedition which necessarily waits upon all Popularity , weighes down all the Inconveniences that can be found in Monarchy , though they were never so many . Itis said , Skin for Skin , yea , all that a man hath will he give for his Life ; and a man will give his Riches for the ransome of his Life . The way then to examine what Proportion the mischiefs of Sedition and Tyranny have one to another , is to enquire in what kind of Government most Subjects have lost their Lives : Let Rome which is magnified for her Popularity , and vilified for the Tyrannical Monsters the Emperours , furnish us with Examples . Consider-whether the Cruelty of all the Tyrannical Emperours that ever ruled in this City did ever spill a quarter of the Blood that was poured out in the last hundred years of her glorious Common wealth . The Murthers by Tyberius , Domitian , and Commodus , put all together , cannot match that Civil Tragedy which was acted in that one Sedition between Marius and Sylla , nay , even by Sylla's part alone ( not to mention the Acts of Marius ) were fourscore and ten Senators put to death , fifteen Consuls , two thousand and six hundred Gentlemen , and a hundred thousand others . This was the Heighth of the Roman Liberty : Any Man might be killed that would . A favour not fit to be granted under a Royal Government . The Miseries of those Licentious Times are briefly touched by Plutarch in these Words . Sylla ( saith he ) fell to sheding of Bloud , and filled all Rome with infinite and unspeakable Murthers — This was not only done in Rome , but in all the Cities of Italy throughout , there was no Temple of any God whatsoever , no Altar in any bodies House , no Liberty of Hospital , no Fathers House , which was not embrewed with Blood , and horrible Murthers , the Husbands were slain in the Wives Armes , and the Children in the Mothers Laps ; and yet they that were Slain for private Malice were no-nothing in respect of those that were Murthered only for their Goods — He openly Sold their Goods by the Cryer , sitting so proudly in his Chair of State , that it grieved the People more to see their goods packt up by them to whom he gave , or disposed them , than to see them taken away . Sometimes he would give a whole Countrey , or the whole Revenues of certain Cities , unto Women for their Beauties , or to pleasant Jeasters , Minstrels , or wicked Slaves , made free . And to some he would give other mens VVives by force , and make them be Married against their wills . Now let Tacitus and Suetonius be searched , and see if all their Cruel Emperours can match this Popular Villany , in such an Universal Slaughter of Citizens , or Civil Butchery . God only was able to match him , and over-matched him , by fitting him with a most remarkable Death , just answerable to his Life , for as he had been the Death of many thousands of his Country-men , so as many thousands of his own Kindred in the flesh were the Death of him , for he died of an Impostume , which corrupted his Flesh in such sort , that it turned all to Lice , he had many about him to Shift him continually Night and Day ; yet the Lice they wiped from him , were nothing to them that multiplied upon him , there was neither Apparel , Linnen , Bathes , VVashings , nor meat it self , but was presently filled with Swarms of this vile Vermine . I cite not this to extenuate the Bloody Acts of any Tyrannical Princes , nor will I plead in Defence of their Cruelties : Only in the Comparative , I maintain the Mischiefs to a State to be less Universal under a Tyrant King ; for the Cruelty of such Tyrants extends ordinarily no further then to some Particular Men that offend him , and not to the whole Kingdome : It is truly said by his late Majesty King Iames , a King can never be so notoriously Vitious , but he will generally favour Justice , and maintain some Order ; except in the particulars wherein his inordinate Lust carries him away . Even cruel Domitian , Dionysius the Tyrant , and many others , are commended by Historians for great Observers of Justice : A natural Reason is to be rendered for it ; It is the Multitude of People , and the abundance of their Riches , which are the only Strength and Glory of every Prince : The Bodies of his Subjects do him Service in VVar , and their Goods supply his present wants , therefore if not out of Affection to his people , yet out of Natural Love to Himself , every Tyrant desires to preserve the Lives , and protect the Goods of his Subjects , which cannot be done but by Justice , and if it be not done , the Princes Loss is the greatest ; on the contrary , in a Popular State , every man knows the publick good doth not depend wholly on his Care , but the Common-wealth may well enough be governed by others though he tend only his Private Benefit , he never takes the Publick to be his Own Business ; thus as in a Family , where one Office is to be done by many Servants , one looks upon another , and every one leaves the Business for his Fellow , until it is quite neglected by all ; nor are they much to be blamed for their Negligence , since it is an even Wager , their Ignorance is as great : For Magistrates among the People , being for the most part Annual , do always lay down their Office before they understand it ; so that a Prince of a Duller understanding , by Use and Experience must needs excell them ; again , there is no Tyrant so barbarously Wicked , but his own reason and sense will tell him , that though he be a God , yet he must dye like a Man ; and that there is not the Meanest of his Subjects but may find a means to revenge himself of the Injustice that is offered him : hence it is that great Tyrants live continually in base fears , as did Dionysius the Elder ; Tiberius , Caligula , and Nero are noted by Suctonius to have been frighted with Panick fears . But it is not so , where wrong is done to any Particular Person by a Multitude , he knows not who hurt him , or who to complain of , or to whom to address himself for reparation . Any man may boldly exercise his Malice and Cruelty in all Popular Assemblies . There is no Tyranny to be compared to the Tyranny of a Multitude . ( 16 ) What though the Government of the People be a thing not to be endured , much less defended , yet many men please themselves with an Opininion , that though the People may not Govern ; yet they may partake and joyn with a King in the Government , and so make a State mixed of Popular and Regal power , which they take to be the best tempered and equallest Form of Government . But the vanity of this Fancy is too evident , it is a meer Impossibility or Contradiction , for if a King but once admit the People to be his Companions , he leaves to be a King , and the State becomes a Democracy ; at least , he is but a Titular and no Real King , that hath not the Soveraignty to Himself ; for the having of this alone , and nothing but this makes a King to be a King. As for that Shew of Popularity which is found in such Kingdoms as have General Assemblies for Consultation about making Publick Laws : It must be remembred that such Meetings do not Share or divide the Soveraignty with the Prince : but do only deliberate and advise their Supreme Head , who still reserves the Absolute power in himself ; for if in such Assemblies , the King , the Nobility , and People have equal Shares in the Soveraignty , then the King hath but one Voice , the Nobility likewise one , and the People one , and then any two of these Voices should have Power to over-rule the third ; thus the Nobility and Commons together should have Power to make a Law to bind the King , which was never yet seen in any Kingdom , but if it could , the State must needs be Popular and not Regal . ( 17 ) If it be Unnatural for the Multitude to chuse their Governours , or to Govern , or to partake in the Government , what can be thought of that damnable Conclusion which is made by too many , that the Multitude may Correct , or Depose their Prince , if need be ? Surely the Unnaturalness , and Injustice of this Position cannot sufficiently be expressed : For admit that a King make a Contract or Paction with his people , either Originally in his Ancestors , or personally at his Coronation ( for both these Pactions some dream of , but cannot offer any proof for either ) yet by no Law of any Nation can a Contract be thought broken , except that first a Lawful Tryal be had by the Ordinary Judge of the Breakers thereof , or else every Man may be both Party and Judge in his own case , which is absur'd once to be thought , for then it will lye in the hands of the headless Multitude when they please to cast off the Yoke of Government ( that God hath laid upon them ) to judge and punish him , by whom they should be Judged and punished themselves . Aristotle can tell us , what Judges the Multitude are in their own case , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , The Judgment of the Multitude in Disposing of the Soveraignty may be seen in the Roman History , where we may find many good Emperours Murthered by the People , and many bad Elected by them : Nero , Heliogabalus , Otho , Vitellius , and such other Monsters of Nature , were the Minions of the Multitude , and set up by them : Pertinax , Alexander , Severus , Gordianus , Gallus Emilianus , Quintilius , Aurelianus , Tacitus , Probus , and Numerianus ; all of them good Emperours in the Judgment of all Historians , yet Murthered by the Multitude . ( 18 ) Whereas many out of an imaginary Fear pretend the power of the people to be necessary for the repressing of the Insolencies of Tyrants ; wherein they propound a Remedy far worse than the Disease , neither is the Disease indeed so frequent as they would have us think , Let us be jugded by the History even of our own Nation : We have enjoyed a Succession of Kings from the Conquest now for above 600 years ( a time far longer than ever yet any Popular State could continue ) we reckon to the Number of twenty six of these Princes since the Norman Race , and yet not one of these is taxed by our Historians for Tyrannical Government . It is true , two of these Kings have been Deposed by the people , and barbarously Murthered , but neither of them for Tyranny : For as a learned Historian of our Age saith , Edward the Second and Richard the Second were not insupportable either in their Nature or Rule , and yet the people , more upon Wantonness than for any Want , did take an unbridled Course against them . Edward the second , by many of our Historians is reported to be of a Good and Vertuous Nature , and not Unlearned : they impute his defects rather to Fortune than either to Council or Carriage of his Afsairs , the Deposition of him was a violent Fury , led by a Wife both Cruel and unchast , and can with no better Countenance of Right be justifyed , than may his lamentable both Indignities and Death it self . Likewise the Deposition of King Richard II , was a tempestuous Rage , neither Led or Restrained by any Rules of Reason or of State — Examin his Actions without a distempered Judgment , and you will not Condemne him to be exceeding either Insufficient or Evil ; weigh the Imputations that were objected against him , and you shall find nothing either of any Truth or of great moment ; Hollingshed writeth , That he was most Unthankfully used by his Subjects ; for although , through the frailty of his Youth , he demeaned himself more dissolutely than was agreeable to the Royalty of his Estate , yet in no Kings Days were the Commons in greater Wealth , the Nobility more honoured , and the Clergy less wronged ; who notwithstanding , in the Evil guided Strength of their will , took head against him , to their own headlong destruction afterwards ; partly during the Reign of Henry , his next Successor , whose greatest Atchievements were against his own People , in Executing those who Conspired with him against King Richard : But more especially in succeeding times , when , upon occasion of this Disorder , more English Blood was spent , than was in all the Foreign Wars together which have been since the Conquest . Twice hath this Kingdom been miserably wasted with Civil War , but neither of them occasioned by the Tyranny of any Prince . The Cause of the Baron's Wars is by good Historians attributed to the stubbornness of the Nobility , as the Bloody variance of the Houses of York and Lancaster , and the late Rebellion , sprung from the Wantonness of the People . These three Unnatural Wars have dishonoured our Nation amongst Strangers , so that in the Censures of Kingdoms , the King of Spain is said to be the King of Men , because of his Subjects willing Obedience ; the King of France King of Asses , because of their infinite Taxes and Impositions ; but the King of England is said to be the King of Devils , because of his Subjects often Insurrections against , and Depositions of their Princes . CHAP. III Positive Laws do not infringe the Natural and Fatherly Power of Kings . ( 1. ) REgal Authority not subject to the Positive Laws , Kings before Laws ; the King of Judah and Israel not tyed to Laws . ( 2. ) Of Samuel 's Description of a King , 1 Sam. 8. ( 3. ) The Power ascribed unto Kings in the New Testament . ( 4. ) Whether Laws were invented to bridle Tyrants . ( 5. ) The Benefit of Laws . ( 6. ) Kings keep the Laws , though not bound by the Laws . ( 7. ) Of the Oathes of Kings . ( 8. ) Of the Benefit of the King's Prerogative over Laws . ( 9. ) The King the Author , the Interpreter , and Corrector , of the Common Laws . ( 10. ) The King , Iudge in all Causes both before the Conquest and since . ( 11. ) The King and his Council have anciently determined Causes in the Star-Chamber . ( 12. ) Of Parliaments . ( 13. ) When the People were first called to Parliament . ( 14. ) The Liberty of Parliaments , not from Nature , but from Grace of the Princes . ( 15. ) The King alone makes Laws in Parliament . ( 16. ) Governs both Houses as Head by himself . ( 17. ) By his Council . ( 18. ) By his Iudges . ( 1. ) HItherto I have endeavour'd to shew the Natural Institution of Regal Authority , and to free it from Subjection to an Arbitrary Election of the People : It is necessary also to enquire whether Humane Laws have a Superiority over Princes ; because those that maintain the Acquisition of Royal Jurisdiction from the people , do subject the Exercise of it to Positive Laws . But in this also they Erre , for as Kingly Power is by the Law of God , so it hath no inferiour Law to limit it . The Father of a Family Governs by no other Law than by his own Will ; not by the Laws and Wills of his Sons or Servants . There is no Nation that allows Children any Action or Remedy for being unjustly Governed ; and yet for all this every Father is bound by the Law of Nature to do his best for the preservation of his Family ; but much more is a King always tyed by the same Law of Nature to keep this general ground , That the safety of the Kingdom be his Chief Law : He must remember , That the profit of every man in particular , and of all together in general , is not always One and the same ; and that the Publick is to be preferred before the Private ; And that the force of Laws must not be so great as Natural Equity it self , which cannot fully be comprised in any Laws whatsoever , but is to be left to the Religious Atchievement of those who know how to manage the Affaires of State , and wisely to Ballance the particular profit with the Counterpoize of the Publick , according to the infinite Variety of Times , Places , Persons ; a proof unanswerable , for the Superiority of Princes above Laws , is this , That there were Kings long before there were any Laws : For a long time the Word of a King was the only Law ; and if Practice ( as saith Sir Walter Raleigh ) declare the greatness of Authority , even the best Kings of Iudah and Israel were not tyed to any Law ; but they did what-soever they pleased , in the greatest matters . ( 2 ) The Unlimitted Jurisdiction of Kings is so amply described by Samuel , that it hath given Occasion to some to Imagine , that it was , but either a Plot or Trick of Samuel to keep the Government himself and Family , by frighting the Israelites with the mischiefs in Monarchy , or else a prophetical Description only of the future Ill Government of Saul : But the Vanity of these Conjectures are judiciously discovered in that Majestical Discourse of the true Law of free Monarchy ; Wherein it is evidently shewed , that the scope of Samuel was to teach the People a dutiful Obedience to their King , even in those things which themselves did esteem Mischievous and Inconvenient ; For by telling them what a King would do , he indeed instructs them what a Subject must Suffer ; yet not so that it is Right for Kings to do Injury , but it is Right for them to go Unpunished by the People if they do it : So that in this point it is all one , whether Samuel describe a King , or a Tyrant , for Patient Obedience is due to both ; no Remedy in the Text against Tyrants , but in Crying and praying unto God in that Day . But howsoever in a Rigorous Construction Samuel's description be applyed to a Tyrant ; yet the Words by a Benigne Interpretation may agree with the manners of a Just King ; and the Scope and Coherence of the Text doth best imply the more Moderate , or Qualified Sense of the Words ; for as Sir W. Raleigh confesses , all those Inconveniences and Miseries which are reckoned by Samuel as belonging to Kingly Government were not Intollerable , but such as have been born , and are still born , by free Consent of Subjects towards their Princes ; Nay at this day , and in this Land , many Tenants by their Tenures and Services are tyed to the same Subjection , even to Subordinate and Inferior Lords : To serve the King in his Wars , and to till his ground , is not only agreeable to the Nature of Subjects , but much desired by them ; according to their several Births , and Conditions : The like may be said for the Offices of Women-Servants , Confectioners , Cooks , and Bakers , for we cannot think that the King would use their Labours without giving them Wages , since the Text it self mentions a Liberal reward of his Servants . As for the taking of the Tenth of their Seed , of their Vines , and of their Sheep , it might be a necessary Provision for their Kings Household , and so belong to the Right of Tribute : For whereas is mentioned the taking of the Tenth ; it cannot agree well to a Tyrant , who observes no Proportion , in fleecing his People . Lastly , The taking of their Fields , Vineyards , and Olive-trees , if it be by Force or Fraud , or without just Recompence , to the Dammage of Private Persons only , it is not to be defended ; but if it be upon the publick Charge and General Consent , it might be justifyed , as necessary at the first Erection of a Kingdome ; For those who will have a King , are bound to allow him Royal maintenance , by providing Revenues for the CROWN , Since it is both for the Honour , Profit and Safety too of the People to have their King Glorious , Powerful , and abounding in Riches , besides we all know the Lands and Goods of many Subjects may be oft-times Legally taken by the King , either by Forfeitures , Escheat , Attainder , Outlawry , Confiscation , or the like . Thus we see Samuel's Character of a King may literally well bear a mild Sense , for greater probability there is that Samuel so meant , and the Israelites so understood it ; to which this may be added , that Samuel tells the Israelites , this will be the manner of the King that shall Reign over you : And Ye shall cry because of your King which Ye shall have chosen you ; that is to say : Thus shall be the common Custom or Fashion , or Proceeding of Saul your King ; Or as the Vulgar Latine renders it , this shall be the Right or Law of your King ; not meaning as some expound it , the Casual Event , or Act of some individuum vagum , or indefinite King , that might happen one day to Tyrannise over them . So that Saul , and the Constant practice of Saul , doth best agree with the Liteteral Sense of the Text. Now that Saul was no Tyrant , we may note that the People asked a King , as All Nations had . God answers , and bids Samuel to hear the Voice of the People , in all things which they spake , and appoint them a King. They did not ask a Tyrant , and to give them a Tyrant , when they asked a King , had not been to hear their Voice in all things , but rather when they asked an Egge , to have given them a Scorpion : Unless we will say , that all Nations had Tyrants . Besides , we do not find in all Scripture , that Saul was Punished , or so much as Blamed , for committing any of those Acts which Samuel describes : and if Samuel's drift had been only to terrifie the People , he would not have forgotten to foretell Saul's bloody Cruelty , in Murthering 85 innocent Priests , and smiteing with the Edge of the Sword the City of Nob , both Man , Woman , and Child . Again , the Israelites never shrank at these Conditions proposed by Samuel , but accepted of them , as such as all other Nations were bound unto . For their Conclusion is , Nay , but we will have a King over Vs , that We also may be like all the Nations , and that Our King may Iudge us , and go out before us to fight our Battels . Meaning he should earn his Privileges , by doing the work for them , by Judging them , and Fighting for them . Lastly , Whereas the mention of the Peoples Crying unto the Lord , argues they should be under some Tyrannical Oppression ; we may remember , that the Peoples Complaints and Cries are not always an Argument of their Living under a Tyrant . No man can say King Solomon was a Tyrant , yet all the Congregation of Israel complain'd that Solomon made their Yoke grievous , and therefore their Prayer to Rehoboam is , Make thou the grievous Service of thy Father Solomon , and his heavy Yoke which he put upon us , lighter , and we will serve thee . To conclude , it is true , Saul lost his Kingdom , but not for being too Cruel or Tyrannical to his Subjects , but by being too Merciful to his Enemies ; his sparing Agag when he should have slain him , was the Cause why the Kingdom was torn from him . ( 3. ) If any desire the direction of the New Testament , he may find our Saviour limiting and distinguishing Royal Power , By giving to Caesar those things that were Caesar 's , and to God those things that were God's . Obediendum est in quibus mandatum Dei non impeditur . We must obey where the Commandment of God is not hindred ; there is no other Law but Gods Law to hinder our Obedience . It was the Answer of a Christian to the Emperour , We only worship God , in other things we gladly serve you . And it seems Tertullian thought whatfoever was not God's was the Emperours , when he saith , Bene opposuit Caesari pecuniam , te ipsum Deo , alioqui quid erit Dei , si omnia Caesaris . Our Saviour hath well apportioned our Money for Caesar , and our selves for God , for otherwise what shall God's share be , if all be Caesar's . The Fathers mention no Reservation of any Power to the Laws of the Land , or to the People . S. Ambrose , in his Apologie for David , expresly saith , He was a King , and therefore bound to no Laws , because Kings are free from the Bonds of any Fault . S. Augustine also resolves , Imperator non est subjectus Legibus , qui habet in potestate alias Leges ferre . The Emperour is not subject to Laws , who hath Power to make other Laws . For indeed , it is the Rule of Solomon , that We must keep the King's Commandment , and not to say , What dost Thou ? because Where the Word of a King is , there is Power , and All that he pleaseth , he will do . If any mislike this Divinity in England , let him but hearken to Bracton , Chief Justice in Henry the Third's days , which was since the Institution of Parliaments , his words are , speaking of the King , Omnes sub Eo , & Ipse sub nullo , nisi tantum sub Deo , &c. All are under him , and he under none , but God only : If he offend , since no Writ can go against him , their Remedy is by Petitioning him to amend his Fault , which if he shall not do , it will be Punishment sufficient for him to expect God as a Revenger : Let none presume to Search into his Deeds , much less to Oppose them . When the Iews asked our Blessed Saviour , whether they should pay Tribute ? he did not first demand what the Law of the Land was , or whether there was any Statute against it , nor enquired whether the Tribute were given by Consent of the people , nor advised them to stay their payment till they should grant it ; he did no more but look upon the Superscription , and concluded , This Image you say is Caesar's , therefore give it to Caesar. Nor must it here be said , that Christ taught this Lesson only to the conquered Iews , for in this he gave direction for all Nations , who are bound as much in Obedience to their Lawful Kings , as to any Conquerour or Vsurper whatsoever . Whereas being subject to the Higher Powers , some have strained these words to signifie the Laws of the Land , or else to mean the Highest Power , as well Aristocratical and Democratical , as Regal : It seems S. Paul looked for such Interpretation , and therefore thought fit to be his own Expositor , and to let it be known , that by Power he understood a Monarch that carryed a Sword : Wilt thou not be afraid of the Power ? that is , the Ruler that carryeth the Sword , for he is the Minister of God to thee — for he beareth not the Sword in vain . It is not the Law that is the Minister of God , or that carries the Sword , but the Ruler or Magistrate ; so they that say the Law governs the Kingdom , may as well say that the Carpenters Rule builds an House , and not the Carpenter ; for the Law is but the Rule or Instrument of the Ruler . And S. Paul concludes ; for this cause pay you tribute also , for they are Gods Ministers attending continually upon this very thing . Render therefore Tribute to whom Tribute is due , Custom to whom Custom . He doth not say , give as a gift to Gods Minister . But 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Render or Restore Tribute , as a due . Also St. Peter doth most clearly expound this place of St. Paul , where he saith , Submit your selves to every Ordinance of Man , for the Lords sake , whether it be to the King as Supreme , or unto Governours , as unto them that are sent by him . Here the very self same Word ( Supreme , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) which St. Paul coupleth with Power , St. Peter conjoineth with the King , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , thereby to maniest that King and Power are both one . Also St. Peter expounds his own Words of Humane Ordinance , to be the King , who is the Lex Loquens , a Speaking Law ; he cannot mean that Kings themselves are an human Ordinance , since St. Paul calls the Supreme Power , The Ordinance of God ; and the Wisdom of God saith , By me Kings Reign : But his meaning must be , that the Laws of Kings are Human Ordinances . Next , the Governours that are sent by him ; that is by the King , not by God , as some corruptly would wrest the Text , to justifie Popular Governours as authorized by God , whereas in Gramatical Construction [ Him ] the Relative must be referred to the next Antecedent , which is King ; Besides , the Antithesis between Supreme and Sent , proves plainly that the Governours were sent by Kings ; for if the Governours were sent by God , and the King be an Humane Ordinance , then it follows , that the Governours were Supreme , and not the King ; Or if it be said , that both King and Governours are sent by God , then they are both equal , and so neither of them Supreme . Therefore St. Peter's meaning is in short , obey the Laws of the King , or of his Ministers . By which it is evident , that neither St. Peter , nor S. Paul , intended other-Form of Government than only Monarchical , much less any Subjecton of Princes to Humane Laws . That familiar distinction of the Schoolmen , whereby they Subject Kings to the Directive , but not to the Coactive Power of Laws , is a Confession that Kings are not bound by the Positive Laws of any Nation : Since the Compulsory Power of Laws is that which properly makes Laws to be Laws ; by binding men by Rewards or Punishment to Obedience ; whereas the Direction of the Law , is but like the advice and direction which the Kings Council gives the King , which no man says is a Law to the King. ( 4 ) There want not those who Believe that the first invention of Laws was to Bridle and moderate the over-great Power of Kings ; but the truth is , the Original of Laws was for the keeping of the Multitude in Order : Popular Estates could not Subsist at all without Laws ; whereas Kingdoms were Govern'd many Ages without them . The People of Athens , as soon as they gave over Kings , were forced to give Power to Draco first , then to Solon , to make them Laws , not to bridle Kings , but themselves ; and though many of their Laws were very Severe and Bloody , yet for the Reverence they bare to their Law-makers they willingly submitted to them . Nor did the People give any Limited Power to Solon , but an Absolute Jurisdiction , at his pleasure to Abrogate and Confirm what he thought fit ; the People never challenging any such Power to themselves : So the People of Rome gave to the Ten Men , who were to chuse and correct their Laws for the Twelve Tables , an Absolute Power , without any Appeal to the people . ( 5. ) The reason why Laws have been also made by Kings , was this , when Kings were either busyed with Wars , or distracted with Publick Cares , so that every private man could not have accesse to their persons , to learn their Wills and Pleasure ; then of necessity were Laws invented , that so every particular Subject might find his Prince's Pleasure decyphered unto him in the Tables of his Laws , that so there might be no need to resort to the King ; but either for the Interpretation or Mitigation of Obscure or Rigorous Laws , or else in new Cases , for a Supplement where the Law was Defective . By this means both King and People were in many things eased : First , The King by giving Laws doth free himself of great and intolerable Troubles , as Moses did himself by chusing Elders . Secondly , The people have the Law as a Familiar Admonisher and Interpreter of the King's pleasure , which being published throughout the Kingdom , doth represent the Presence and Majesty of the King : Also the Judges and Magistrates , ( whose help in giving Judgment in many Causes Kings have need to use ) are restrained by the Common Rules of the Law from using their own Liberty to the injury of others , since they are to judge according to the Laws , and not follow their own Opinions . ( 6. ) Now albeit Kings , who make the Laws , be ( as King Iames teacheth us ) above the Laws ; yet will they Rule their Subjects by the Law ; and a King , governing in a setled Kingdom , leaves to be a King , and degenerates into a Tyrant , so soon as he seems to Rule according to his Laws ; yet where he sees the Laws Rigorous or Doubtful , he may mitigate and interpret . General Laws made in Parliament , may , upon known Respects to the King , by his Authority be Mitigated or Suspended , upon Causes only known to him . And although a King do frame all his Actions to be according to the Laws , yet he is not bound thereto , but at his good Will , and for good Example : Or so far forth as the General Law of the Safety of the Common-Weale doth naturally bind him ; for in such sort only Positive Laws may be said to bind the King , not by being Positive , but as they are naturally the Best or Only Means for the Preservation of the Common-Wealth . By this means are all Kings , even Tyrants and Conquerours , bound to preserve the Lands , Goods , Liberties , and Lives of all their Subjects , not by any Municipial Law of the Land , so much as the Natural Law of a Father , which binds them to ratifie the Acts of their Fore-Fathers and Predecessors , in things necessary for the Publick Good of their Subjects . ( 7. ) Others there be that affirm , That although Laws of themselves do not bind Kings , yet the Oaths of Kings at their Coronations tye them to keep all the Laws of their Kingdoms . How far this is true , let us but examine the Oath of the Kings of England at their Coronation ; the words whereof are these , Art thou pleased to cause to be administred in all thy Iudgments indifferent and upright Iustice , and to use Discretion with Mercy and Verity ? Art thou pleased that our upright Laws and Customs be observed , and dost thou promise that those shall be protected and maintained by thee ? These two are the Articles of the King's Oath , which concern the Laity or Subjects in General ; to which the King answers affirmatively . Being first demanded by the Arch-bishop of Canterbury , Pleaseth it you to confirm and observe the Laws and Customs of Ancient Times , granted from God , by just and devout Kings , unto the English Nation , by Oath unto the said People . Especially the Laws , Liberties , and Customs granted unto the Clergy and Laity by the famous King Edward . We may observe , in these words of the Articles of the Oath , that the King is required to observe not all the Laws , but only the Upright , and that with Discretion and Mercy . The Word Upright cannot mean all Laws , because in the Oath of Richard the Second , I find Evil and Unjust Laws mentioned , which the King swears to abolish ; and in the Old Abridgment of Statutes , set forth in Henry the Eighth's days , the King is to swear wholly to put out Evil Laws ; which he cannot do , if he be bound to all Laws . Now what Laws are Upright and what Evil , who shall judge but the King , since he swears to administer Upright Justice with Discretion and Mercy ( or as Bracton hath it ) aequitatem praecipiat , & misericordiam . So that in effect , the King doth swear to keep no Laws , but such as in His Iudgment are Upright , and those not literally always , but according to Equity of his Conscience , join'd with Mercy , which is properly the Office of a Chancellour rather than of a Judge ; and if a King did strictly swear to observe all the Laws , he could not without Perjury give his Consent to the Repealing or Abrogating of any Statute by Act of Parliament , which would be very mischievable to the State. But let it be supposed for truth , that Kings do swear to observe all the Laws of their Kingdoms , yet no man can think it reason that Kings should be more bound by their Voluntary Oaths than Common Persons are by theirs . Now if a private person make a Contract , either with Oath or without Oath , he is no further bound than the Equity and Justice of the Contract ties him ; for a man may have Relief against an unreasonable and unjust promise , if either Deceit , or Errour , or Force , or Fear induced him thereunto : Or if it be hurtful or grievous in the performance . Since the Laws in many Cases give the King a Prerogative above Common Persons , I see no Reason why he should be denyed the Priviledge which the meanest of his Subjects doth enjoy . Here is a fit place to examine a Question which some have moved , Whether it be a sin for a Subject to disobey the King , if he Command any thing contrary to his Laws ? For satisfaction in this point , we must resolve , that not only in Human Laws , but even in Divine , a thing may be commanded contrary to Law , and yet Obedience to such a Command is necessary . The sanctifying of the Sabbath is a Divine Law ; yet if a Master Command his Servant not to go to Church upon a Sabbath-day , the Best Divines teach us , That the Servant must obey this Command , though it may be Sinful and Unlawful in the Master ; because the Servant hath no Authority or Liberty to Examine and Judge whether his Master Sin or no in so Commanding ; for there may be a just Cause for a Master to keep his Servant from Church , as appears Luke 14. 5. yet it is not fit to tye the Master to acquaint his Servant with his Secret Counsels , or present Necessity : And in such Cases , the Servants not going to Church , becomes the Sin of the Master , and not of the Servant . The like may be said of the King 's Commanding a man to serve him in the Wars , he may not Examine whether the War be Just or Unjust , but must Obey , since he hath no Commission to Judge of the Titles of Kingdoms , or Causes of War ; nor hath any Subject Power to Condemn his King for breach of his own Laws . ( 8. ) Many will be ready to say , It is a Slavish and Dangerous Condition to be subject to the Will of any One Man , who is not subject to the Laws . But such men consider not , 1. That the Prerogative of a King is to be above all Laws , for the good only of them that are under the Laws , and to defend the Peoples Liberties , as His Majesty graciously affirmed in His Speech after His last Answer to the Petition of Right : Howsoever some are afraid of the Name of Prerogative , yet they may assure themselves the Case of Subjects would be desperately miserable without it . The Court of Chancery it self is but a Branch of the Kings Prerogative , to Relieve men against the inexorable rigour of the Law , which without it is no better than a Tyrant , since Summum Ius , is Summa Injuria . General Pardons , at the Coronation and in Parliaments ; are but the Bounty of the Prerogative . 2. There can be no Laws without a Supreme Power to command or make them . In all Aristocraties the Nobles are above the Laws , and in all Democraties the People . By the like Reason , in a Monarchy the King must of necessity be above the Laws ; there can be no Soveraign Majesty in him that is under them ; that which giveth the very Being to a King is the Power to give Laws ; without this Power He is but an Equivocal King. It skills not which way Kings come by their Power , whether by Election , Donation , Succession , or by any other means ; for it is still the manner of the Government by Supreme Power that makes them properly Kings , and not the means of obtaining their Crowns . Neither doth the Diversity of Laws , nor contrary Customs , whereby each Kingdom differs from another , make the Forms of Common-Weal different , unless the Power of making Laws be in several Subjects . For the Confirmation of this point , Aristotle saith , That a perfect Kingdom is that wherein the King rules all things according to his Own Will , for he that is called a King according to the Law , makes no kind of Kingdom at all . This it seems also the Romans well understood to be most necessary in a Monarchy ; for though they were a People most greedy of Liberty , yet the Senate did free Augustus from all Necessity of Laws , that he might be free of his own Authority , and of absolute Power over himself and over the Laws , to do what he pleased , and leave undone what he list , and this Decree was made while Augustus was yet absent . Accordingly we find , that Vlpian the great Lawyer delivers it for a Rule of the Civil Law ; Princeps , Legibus solutus est . The Prince is not bound by the Laws . ( 9 ) If the Nature of Laws be advisedly weighed , the Necessity of the Princes being above them may more manifest it self ; we all know that a Law in General is the command of a Superior Power . Laws are divided ( as Bellermine divides the Word of God ) into written and unwritten , not for that it is not Written at all , but because it was not Written by the first Devisers or Makers of it . The Common Law ( as the Lord Chancellor Egerton teacheth us ) is the Common Custom of the Realm . Now concerning Customs , this must be considered , that for every Custom there was a time when it was no Custom ; and the first President we now have , had no President when it began ; when every Custom began , there was something else than Custom that made it lawful , or else the beginning of all Customs were unlawful . Customs at first became Lawful only by some Superiour , which did either Command or Consent unto their beginning . And the first Power which we find ( as it is confessed by all men ) is the Kingly Power , which was both in this and in all other Nations of the World , long before any Laws , or any other kind of Government was thought of ; from whence we must necessarily infer , that the Common Law it self , or Common Customs of this Land , were Originally the Laws and Commands of Kings at first unwritten . Nor must we think the Common Customs ( which are the Principles of the Common Law , and are but few ) to be such , or so many , as are able to give special Rules to determine every particular Cause . Diversity of Cases are infinite , and impossible to be regulated by any Law ; and therefore we find , even in the Divine Laws which are delivered by Moses , there be only certain Principal Laws , which did not determine out only direct the High-priest or . Magistrate , whose Judgment in special Cases did determine , what the General Law intended . It is so with the Common Law , for when there is no perfect Rule , Judges do resort to those Principles , or Common Law Axiomes , whereupon former Judgments , in Cases some-what like , have been delivered by former Judges , who all receive Authority from the King , in his Right and Name to give Sentence according to the Rules and Presidents of Antient Times : And where Presidents have failed , the Judges have resorted to the General Law of Reason , and accordingly given Judgment , without any Common Law to direct them . Nay , many times , where there have been Presidents to direct , they , upon better Reason only , have Changed the Law , both in Causes Criminal and Civil , and have not insisted so much on the Examples of former Judges , as examined and corrected their Reasons ; thence it is that so no Laws are now obsolete and out of use , and the Practice quite contrary to what it was in Former Times , as the Lord Chancellor Egerton proves , by several Instances . Nor is this spoken to Derogate from the Common Law , for the Case standeth so with the Laws of all Nations , although some of them have their Laws and Principles Written and Established : for witnesse to this , we have Aristotle his Testimony in his Ethiques , and in several places in his Politiques ; I will cite some of them . Every Law ( saith he ) is in the General , but of some things there can be no General Law — when therefore the Law sqeaks in General , and something falls out after besides the General Rule : Then it is fit that what the Law-maker hath omitted , or where he hath Erred by speaking Generally , it should be corrected or supplyed , as if the Law-maker himself were Present to Ordain it . The Governour , whether he be one Man , or more , ought to be Lord over all those things whereof it was impossible the Law should exactly speak , because it is not easie to comprehend all things under General Rules — whatsoever the Law cannot Determine , it leaves to the Governours to give Iudgment therein , and permits them to rectifie whatsoever upon Tryal they find to be better than the Written Laws . Besides , all Laws are of themselves Dumb , and some or other must be trusted with the Application of them to Particulars , by examining all Circumstances , to pronounce when they are broken , or by whom . This work of right Application of Laws is not a thing easie or obvious for ordinary capacities ; but requires profound Abilities of Nature , for the beating out of the truth , witness the Diversity , and sometimes the contrariety of Opinions of the learned Judges , in some difficult Points . ( 10 ) Since this is the common Condition of Laws , it is also most reasonable that the Law-maker should be trusted with the Application or Interpretation of the Laws ; and for this Cause anciently the Kings of this Land have sitten personally in Courts of Judicature , and are still Representatively present in all Courts ; the Judges are but substituted , and called the Kings Justices , and their Power ceaseth when the King is in place . To this purpose , Bracton , that learned Chief Justice in the Reign of Henry the Third , saith in express terms ; In doubtful and obscure points the Interpretation and Will of our Lord the King is to be expected ; since it is his part to interpret , who made the Law ; for as he saith in another place , Rex , & non Alius debet Iudicare , si Solus ad id sufficere possit , &c. The King , and no body else , ought to give Iudgment , if He were able , since by vertue of his Oath he is Bound to it ; therefore the King ought to exercise Power as the Vicar or Minister of God , but if our Lord the King be not able to determine every cause , to ease part of his Pains by distributing the Burthen to more Persons , he ought to chuse Wise men fearing God , &c , and make Iustices of them : Much to the same purpose are the words of Edward the First , in the beginning of his Book of Laws , written by his appointment by Iohn Briton , Bishop of Hereford . We will ( saith he ) that our own Iurisdiction be above all the Iurisdictions of our Realm , so as in all manner of Felonies , Trespasses , Contracts , and in all other Actions , Personal , or Real , We have power to yield such Iudgments as do appertain without other Process , wheresoever we know the right truth as Iudges . Neither may this be taken to be meant of an imaginary Presence of the King's Person in His Courts , because he doth immediately after in the same place severally set forth by themselves the Jurisdictions of his Ordinary Courts ; but must necessarily be understood of a Jurisdiction remaining in the King 's Royal Person . And that this then was no New-made Law , or first brought in by the Norman Conquests , appears by a Saxon Law made by King Edgar , in these words , as I find them in Mr. Lambert , Nemo in lite Regem appellato , nisi quidem domi Iustitiam consequi , aut impetrare non poterit , sin summo jure domi urgeatur , ad Regem , ut is Onus aliqua ex parte Allevet , provocato . Let no man in Suit appeal to the King , unless he may not get Right at home ; but if the Right be too heavy for him , then let him go to the King to have it eased . As the Judicial Power of Kings was exercised before the Conquest , so in those setled times after the Conquest , wherein Parliaments were much in use , there was a High-Court following the King , which was the place of Soveraign Justice , both for matter of Law and Conscience , as may appear by a Parliament in Edward the First 's time , taking Order , That the Chancellour and the Iustices of the Bench should follow the King , to the end that He might have always at hand able men for His Direction in Suits that came before Him : And this was after the time that the Court of Common-Pleas was made Stationary , which is an Evidence that the King reserved a Soveraign Power , by which he did supply the Want , or correct the Rigour of the Common Law ; because the Positive Law , being grounded upon that which happens for the most part , cannot foresee every particular which Time and Experience brings forth . ( 12. ) Therefore though the Common Law be generally Good and Just , yet in some special Case it may need Correction , by reason of some considerable Circumstance falling out , which at the time of the Law-making was not thought of . Also sundry things do fall out , both in War and Peace , that require extraordinary help , and cannot wait for the Usual Care of Common Law , the which is not performed , but altogether after one sort , and that not without delay of help and expence of time ; so that although all Causes are , and ought to be referred to the Ordinary Processe of common Law , yet rare matters from time to time do grow up meet , for just Reasons , to be referred to the aid of the absolute Authority of the Prince ; and the Statute of Magna Charta hath been understood of the Institution then made of the ordinary Jurisdiction in Common Causes , and not for restraint of the Absolute Authority , serving only in a few rare and singular Cases , for though the Subjects were put to great dammage by False Accusations and Malitious Suggestions made to the King and His Council , especially during the time of King Edward the Third , whilst he was absent in the Wars in France , insomuch as in His Reign divers Statutes were made , That provided none should be put to answer before the King and His Council without due Processe ; yet it is apparent the necessity of such Proceedings was so great , that both before Edward the Third's days , and in his time , and after his Death , several Statutes were made , to help and order the Proceedings of the King and his Council . As the Parliament in 28. Edw. 1. Cap. 5. did provide , That the Chancellour and Iustices of the King's Bench should follow the King ; that so he might have near unto him some that be learned in the Laws , which be able to order all such matters as shall come unto the Court , at all times when need shall require . By the Statute of 37. Edw. 3. Cap. 18. Taliation was ordained , in case the Suggestion to the King proved untrue . Then 38. Edw. 3. Cap. 9. takes away Taliation , and appoints Imprisonment till the King and Party grieved be satisfied . In the Statutes of 17. Ric. 2. Cap. 6. and 15. Hen. 6. Cap. 4. Dammages and Expences are awarded in such Cases . In all these Statutes it is necessarily implyed , that Complaints upon just Causes might be moved before the King and His Council . At a Parliament at Glocester , 2. Ric. 2. when the Commons made Petition , That none might be forced by Writ out of Chancery , or by Privy Seal , to appear before the King and His Council , to answer touching Free-hold . The King's Answer was , He thought it not reasonable that He should be constrained to send for His Leiges upon Causes reasonable : And albeit He did not purpose that such as were sent for should answer [ Finalment ] peremptorily touching their Free-hold , but should be remanded for Tryal thereof , as Law required : Provided always , ( saith he ) that at the Suit of the Party , where the King and His Council shall be credibly informed , that because of Maintenance , Oppression , or other Out-rages , the Common Law cannot have duly her Course , in such case the Council for the Party . Also in the 13 th year of his Reign , when the Commons did pray , that upon pain of Forfeiture , the Chancellour or Council of the King , should not after the end of the Parliament make any Ordinance against the Common Law ; the King answered , Let it be used as it hath been used before this time , so as the Regality of the King be saved , for the King will save His Regalities as His Progenitors have done . Again , in the 4 th year of Henry the Fourth , when the Commons complained against Subpoena's , and other Writs , grounded upon false Suggestions ; the King answered , That He would give in Charge to His Officers , that they should abstain more than before time they had , to send for His Subjects in that manner . But yet ( saith He ) it is not Our Intention , that Our Officers shall so abstain , that they may not send for Our Subjects in Matters and Causes necessary , as it hath been used in the time of Our Good Progenitors . Likewise when for the same Cause Complaint was made by the Commons ; Anno 3. Hen. 5. the King's Answer was , Le Roy s'advisera , The King will be advised ; which amounts to a Denyal for the present , by a Phrase peculiar for the Kings denying to pass any Bill that hath passed the Lords and Commons . These Complaints of the Commons , and the Answers of the King , discover , That such moderation should be used , that the course of the common Law be ordinarily maintained , lest Subjects be convented before the King and His Council without just cause , that the Proceedings of the Council-Table be not upon every slight Suggestion , nor to determine finally concerning Free hold of Inheritance . And yet that upon cause reasonable , upon credible Information , in matters of weight , the King's Regallity or Prerogative in sending for His Subjects be maintain'd , as of Right it ought , and in former times hath been constantly used . King Edward the First , finding that Bogo de Clare was discharged of an Accusation brought against him in Parliament , for that some formal Imperfections were found in the Complaint , commanded him nevertheless to appear before Him and His Council , ad faciendum , & recipiendum quod per Regem & ejus Concilium fuerit faciendum ; and so proceeded to an Examination of the whole Cause . 8. Edw. 1. Edward the Third , In the Star-Chamber ( which was the Ancient Council-Chamber at Westminster ) upon the Complaint of Elizabeth Audley , commanded Iames Audley to appear before Him and His Council , and determin'd a Controversie between them , touching Lands contain'd in the Covenants of her Joynture . Rot. Claus. de an . 41. Ed. 3. Henry the Fifth , in a Suit before Him and His Council for the Titles of the Mannors of Seere and S. Laurence , in the Isle of Thenet , in Kent , took order for the Sequestring the Profits till the Right were tryed , as well for avoiding the breach of the Peace , as for prevention of waste and spoil . Rot. Patin . Anno 6. Hen. 5. Henry the Sixth commanded the Justices of the Bench to stay the Arraignment of one Verney of London , till they had other commandment from Him and His Council , because Verney , being indebted to the King and others , practised to be Indicted of Felony , wherein he might have his Clergy , and make his Purgation , of intent to defraud his Creditors . 34. Hen. 6. Rot. 37. in Banco Regis . Edward the Fourth and His Council , in the Star-Chamber , heard the Cause of the Master and Poor Brethren of S. Leonards in York , complaining , that Sir Hugh Hastings , and others , withdrew from them a great part of their living , which consisted chiefly upon the having of a Thrave of Corn of every Plough-Land within the Counties of York , Westmerland , Cumberland , and Lancashire . Rot. Paten . de Anno 8. Ed. 4. Part 3. Memb. 14. Henry the Seventh and His Council , in the Star-Chamber , decreed , That Margery and Florence Becket should Sue no further in their Cause against Alice Radley , widow , for Lands in Wolwich and Plumstead in Kent ; for as much as the Matter had been heard first before the Council of King Ed. 4. after that before the President of the Requests of that King , Hen. 7. and then lastly , before the Council of the said King. 1. Hen. 7. What is hitherto affirmed of the Dependency and Subjection of the Common Law to the Soveraign Prince , the same may be said as well of all Statute Laws ; for the King is the sole immediate Author , Corrector , and Moderator of them also ; so that neither of these two kinds of Laws are or can be any Diminution of that Natural Power which Kings have over their People , by right of Father-hood , but rather are an Argument to strengthen the truth of it ; for Evidence whereof , we may in some points consider the nature of Parliaments , because in them only all Statutes are made . ( 12. ) Though the Name of Parliament ( as Mr. Cambden saith ) be of no great Antiquity , but brought in out of France , yet our Ancestors , the English Saxons , had a Meeting , which they called , The Assembly of the Wise ; termed in Latine , Conventum Magnatum , or , Praesentia Regis , Procerumque Prelaterumque collectorum . The Meeting of the Nobility , or the Presence of the King , Prelates , and Peers Assembled ; or in General , Magnum Concilium , or Commune Concilium ; and many of our Kings in elder times made use of such great Assemblies for to Consult of important Affaires of State ; all which Meetings , in a General sense , may be termed Parliaments . Great are the Advantages which both the King and People may receive by a well-ordered Parliament ; there is nothing more expresseth the Majesty and Supreme Power of a King , than such an Assembly , wherein all his People acknowledge him for Soveraign Lord , and make all their Addresses to him by humble Petition and Supplication ; and by their Consent and Approbation do strengthen all the Laws , which the King , at their Request and by their Advice and Ministry , shall ordain . Thus they facilitate the Government of the King , by making the Laws unquestionable , either to the Subordinate Magistrates , or refractory Multitude . The benefit which accrews to the Subject by Parliaments , is . That by their Prayers and Petitions Kings are drawn many times to redress their Just grievances , and are overcome by their importunity to grant many things which otherwise they would not yield unto ; for the Voice of a Multitude is easilier heard . Many Vexations of the People are without the knowledge of the King ; who in Parliament seeth and heareth his People himself ; whereas at other times he commonly useth the Eyes and Ears of other men . Against the Antiquity of Parliaments we need not dispute , since the more ancient they be , the more they make for the Honour of Monarchy ; yet there be certain Circumstances touching the Forms of Parliaments , which are fit to be considered . First , we are to rememember , that until about the time of the Conquest , there could be no Parliaments assembled of the General States of the whole Kingdom of England , because till those days we cannot learn it was entirely united into one Kingdom ; but it was either divided into several Kingdoms , or Governed by several Laws . When Iulius Caesar landed he found 4 Kings in Kent ; and the British Names of Dammonii , Durotriges , Belgae , Attrebatii , Trinobantes , Iceni , Silures , and the rest , are plentiful Testimonies of the several Kingdoms of Brittains , when the Romans left us . The Saxons divided us into 7 Kingdoms : when these Saxons were united all into a Monarchy , they had always the Danes their Companions , or their Masters in the Empire , till Edward the Confessors Days , since whose time the Kingdom of England hath continued United , as now it doth : But for a Thousand years before we cannot find it was entirely setled , during the Time of any one Kings Reign . As under the Mercian Law : The West Saxons were confined to the Saxon Laws ; Essex , Norfolk , Suffolk , and some other Places , were vexed with Danish Laws ; The Northumbrians also had their Laws apart . And until Edward the Confessors Reign , who was next but one before the Conquerour , the Laws of the Kingdom were so several and Uncertain , that he was forced to Cull a few of the most indifferent and best of them , which were from him called St. Edwards Laws : Yet some say that Eadgar made those Laws , and that the Confessor did but restore and mend them . Alfred also gathered out of Mulmutius laws , such as he translated into the Saxon Tongue . Thus during the time of the Saxons , the Laws were so variable , that there is little or no likelihood to find any constant Form of Parliaments of the whole Kingdom . ( 13 ) A second Point considerable is , whether in such Parliaments , as was in the Saxon's times , the Nobility and Clergy only were of those Assemblies , or whether the Commons were also called ; some are of Opinion , that though none of the Saxon Laws do mention the Commons , yet it may be gathered by the word Wisemen , the Commons are intended to be of those Assemblies , and they bring ( as they conceive ) probable arguments to prove it , from the Antiquity of some Burroughs that do yet send Burgesses , and from the Proscription of those in Antient Demesne , not to send Burgesses to Parliament . If it be true , that the West-Saxons had a Custom to assemble Burgesses out of some of their Towns , yet it may be doubted , whether other Kingdoms had the same usage ; but sure it is , that during the Heptarchy , the People could not Elect any Knights of the Shire , because England was not then divided into Shires . On the contrary , there be of our Historians who do affirm , that Henry the First caused the Commons first to be Assembled by Knights and Burgesses of their own Appointment , for before his Time only certain of the Nobility and Prelates of the Realm were called to Consultation about the most Important Affairs of State. If this Assertion be true , it seems a meer matter of Grace of this King , and proves not any Natural Right of the People , Originally to be admitted to chuse their Knights and Burgesses of Parliament , though it had been more for the Honour of Parliaments , if a King , whose Title to the Crown had been better , had been Author of the Form of it ; because he made use of it for his unjust Ends. For thereby he secured himself against his Competitor and Elder Brother , by taking the Oaths of the Nobility in Parliament ; and getting the Crown to be setled upon his Children . And as the King made use of the People , so they , by Colour of Parliament , served their own turns ; for after the Establishment of Parliaments by strong hand , and by the Sword , they drew from him the Great Charter , which he granted the rather to flatter the Nobility and People , as Sir Walter Raleigh in his Dialogue of Parliaments doth affirm , in these words . The great Charter was not Originally granted Legally and Freely ; for Henry the First did but Vsurp the Kingdom , and therefore , the better to assure himself against Robert his Elder Brother , he flattered the Nobility and People with their Charters ; yea , King John , that Confirmed them , had the like respect , for Arthur Duke of Brittain was the undoubted Heir of the Crown , upon whom King John Vsurped , and so to conclude , these Charters had their Original from Kings de facto , but not de jure — the Great Charter had first an obscure Birth by Vsurpation , and was Secondly fostered and shewed to the World by Rebellion . ( 15. ) A third consideration must be , that in the former Parliaments , instituted and continued since King Henry the First 's time , is not to be found the Usage of any Natural Liberty of the People ; for all those Liberties that are claimed in Parliament are the liberties of Grace from the King , and not the Liberties of Nature to the People ; for if the liberty were Natural , it would give Power to the Multitude to assemble themselves When and Where they please , to bestow Soveraignty , and by Pactions to limit and direct the Exercise of it . Whereas , the Liberties of Favour and Grace , which are Claimed in Parliaments , are restrained both for Time , Place , Persons , and other Circumstances , to the Sole Pleasure of the King. The People cannot Assemble themselves , but the King , by his Writs , calls them to what place he pleases ; and then again Scatters them with his Breath at an instant , without any other Cause shewed than his Will. Neither is the whole Summoned , but only so many as the Kings Writs appoint . The prudent King Edward the First , summoned always those Barons of ancient Families , that were most wise , to his Parliament , but omited their Sons after their Death , if they were not answerable to their Parents in Understanding . Nor have the whole people Voices in the Election of Knights of the Shire or Burgesses , but only Free-holders in the Counties , and Freemen in the Cities and Burroughs ; yet in the City of Westminster all the House-holders , though they be neither Free-men nor Free-holders , have Voices in their Election of Burgesses . Also during the time of Parliament , those priviledges of the House of Commons , of freedom of Speech , Power to punish their own Members , to examine the Proceedings and Demeanour of Courts of Justice and Officers , to have access to the King's Person , and the like , are not due by any Natural Right , but are derived from the Bounty or Indulgence of the King , as appears by a solemn Recognition of the House ; for at the opening of the Parliament , when the Speaker is presented to the King , he , in the behalf and name of the whole House of Commons , humbly craves of His Majesty , That He would be pleased to grant them their Accustomed Liberties of freedom of Speech , of access to his Person , and the rest . These Priviledges are granted with a Condition implyed , That they keep themselves within the Bounds and Limits of Loyalty and Obedience ; for else why do the House of Commons inflict punishment themselves upon their own Members for transgressing in some of these points ; and the King , as Head , hath many times punished the Members for the like Offences . The Power which the King giveth , in all his Courts , to his Judges or others to punish , doth not exclude Him from doing the like , by way of Prevention , Concurrence , or Evocation , even in the same point which he hath given in charge by a delegated Power ; for they who give Authority by Commission , do always retain more than they grant : Neither of the two Houses claim an Infallibility of not Erring , no more than a General Council can . It is not impossible but that the greatest may be in Fault , or at least Interested or Engaged in the Delinquency of one particular Member . In such Cases it is most proper for the Head to correct , and not to expect the Consent of the Members , or for the Parties peccant to be their own Judges . Nor is it needful to confine the King , in such Cases , within the Circle of any one Court of Justice , who is Supreme Judge in all Courts . And in rare and new Cases rare and new Remedies must be sought out ; for it is a Rule of the Common Law , In novo Casu , novum Remedium est apponendum : and the Statute of Westminst . 2. cap. 24. giveth Power , even to the Clarks of the Chancery , to make New Forms of Writs in New Cases , lest any man that came to the King's Court of Chancery for help , should be sent away without Remedy : A President cannot be found in every Case ; and of things that happen seldom , and are not common , there cannot be a Common Custom . Though Crimes Exorbitant do pose the King and Council in finding a President for a Condigne Punishment , yet they must not therefore pass unpunished . I have not heard that the people , by whose Voices the Knights and Burgesses are chosen , did ever call to an account those whom they had Elected ; they neither give them Instructions or Directions what to say , or what to do in Parliament , therefore they cannot punish them when they come home for doing amiss : If the people had any such power over their Burgesses , then we might call it , The Natural Liberty of the people , with a mischief . But they are so far from punishing , that they may be punished themselves for intermedling with Parliamentary Business ; they must only chuse , and trust those whom they chuse to do what they list ; and that is as much liberty as many of us deserve , for our irregular Elections of Burgesses . ( 15 ) A fourth point to be consider'd , is , that in Parliament all Statutes or Laws are made properly by the King alone , at the Rogation of the people , as His Majesty King Iames , of happy memory , affirms in His true Law of free Monarchy ; and as Hooker teacheth us , That Laws do not take their constraining force from the Quality of such as devise them , but from the Power that doth give them the Strength of Laws : Le Roy le Veult , the King will have it so , is the Interpretive Phrase pronounced at the King 's passing of every Act of Parliament : And it was the ancient Custom for a long time , till the days of Henry the Fifth , that the Kings , when any Bill was brought unto them , that had passed both Houses , to take and pick out what they liked not , and so much as they chose was Enacted for a Law : but the Custom of the later Kings hath been so gracious , as to allow always of the entire Bill as it hath passed both Houses . ( 16 ) The Parliament is the King's Court , for so all the oldest Statutes call it , the King in his Parliament : But neither of the two Houses are that Supreme Court , nor yet both of them together ; they are only Members , and a part of the Body , whereof the King is the Head and Ruler . The King 's Governing of this Body of the Parliament we may find most significantly proved both by the Statutes themselves , as also by such Presidents as expresly shew us , how the King , sometimes by himself , sometimes by his Council , and other-times by his Judges , hath over-ruled and directed the Judgments of the Houses of Parliament ; for the King , we find that Magna Charta , and the Charter of Forrests , and many other Statutes about those times , had only the Form of the Kings Letters-Patents , or Grants , under the Great Seal , testifying those Great Liberties to be the sole Act and Bounty of the King : The words of Magna Charta begin thus ; Henry , by the Grace of God , &c. To all Our Arch-Bishops , &c. and Our Faithful Subjects , Greeting . Know ye , that We , of Our meer free-Will , have granted to all Free-men these Liberties . In the same style goeth the Charter of Forrests , and other Statutes . Statutum Hiberniae , made at Westminster , 9. Februarii 14. Hen. 3. is but a Letter of the King to Gerrard , Son of Maurice , Justice of Ireland . The Statute de anno Bissextili begins thus , The King to His Iustices of the Bench , Greeting , &c. Explanationes Statuti Glocestriae , made by the King and his Iustices only , were received always as Statutes , and are still Printed amongst them . The Statute made for Correction of the 12th Chapter of the Statute of Glocester , was Signed under the Great Seal , and sent to the Justices of the Bench , after the manner of a Writ Patent , with a certain Writ closed , dated by the Kings Hand at Westminster , requiring that they should do , and Execute all and every thing contained in it , although the same do not accord with the Statute of Glocester in all things . The Statute of Rutland , is the Kings Letters to his Treasurer and Barons of his Exchequer , and to his Chamberlain . The Statute of Circumspecte Agis runs , The King to his Iudges sendeth Greeting . There are many other Statutes of the same Form , and some of them which run only in the Majestique Terms of , The King Commands , or , The King Wills , or , Our Lord the King hath established , or , Our Lord the King hath ordained : or , His Especial Grace hath granted : Without mention of Consent of the Commons or People ; insomuch that some Statutes rather resemble Proclamations , than Acts of Parliament : And indeed some of them were no other than meer Proclamations ; as the Provisions of Merton , made by the King at an Assembly of the Prelates and Nobility , for the Coronation of the King and his Queen Eleanor , which begins , Provisum est in Curia Domini Regis apud Merton . Also a Provision was made 19. Hen. 3. de Assisa ultimae Praesentationis , which was continued and allowed for Law , until Tit. West . 2. an . 13. Ed. 1. cap. 5. which provides the contrary in express words : This Provision begins , Provisum fuit coram Dom. Rege , Archiepiscopis , Episcopis , & Baronibus , quod , &c. It seems Originally the difference was not great between a Proclamation and a Statute ; this latter the King made by Common Council of the Kingdom . In the former he had but the advice only of his great Council of the Peers , or of his Privy Council only . For that the King had a great Council , besides his Parliament , appears by a Record of 5. Hen. 4. about an Exchange between the King and the Earl of Northumberland : Whereby the King promiseth to deliver to the Earl Lands to the value , by the advice of Parliament , or otherwise by the Advice of his Grand Council , and other Estates of the Realm , which the King will Assemble , in case the Parliament do not meet . We may find what Judgment in later times Parliaments have had of Proclamations , by the Statute of 31. of Hen. Cap. 8. in these Words , Forasmuch as the King , by the advice of his Council , hath set forth Proclamations , which obstinate Persons have contemned ; not considering what a King by his Royal Power may do : Considering that sudden Causes and Occasions fortune many times , which do require speedy Remedies , and that by abiding for a Parliament , in the mean time might happen great prejudice to ensue to the Realm : And weighing also , that his Majesty , which by the Kingly and Regal Power given him by God , may do many things in such Cases , should not be driven to extend the Liberties , and Supremity of his Regal Power , and Dignity , by willfulness of froward Subjects : It is therefore thought fit , that the King with the Advice of his Honourable Council should set forth Proclamations for the good of the People , and defence of his Royal Dignity as necessity shall require . This Opinion of a House of Parliament was confirmed afterwards by a Second Parliament , and the Statute made Proclamations of as great validity , as if they had been made in Parliament . This Law continued until the Government of the State came to be under a Protector , during the Minority of Edward the Sixth , and in his first year it was Repealed . I find also , that a Parliament in the 11th year of Henry the Seventh , did so great Reverence to the Actions , or Ordinances of the King , that by Statute they provided a Remedy or Means to levy a Benevolence granted to the King , although by a Statute made not long before all Benevolences were Damned and Annulled for ever . Mr. Fuller , in his Arguments against the proceedings of the High-Commission Court , affirms , that the Statute of 2. H. 4. cap. 15. which giveth Power to Ordinaries to Imprison and set Fines on Subjects , was made without the Assent of the Commons , because they are not mentioned in the Act. If this Argument be good , we shall find very many Statutes of the same kind , for the Assent of the Commons was seldom mentioned in the Elder Parliaments . The most usual Title of Parliaments in Edward the 3d , Rich. 2. the three Henries 4. 5. 6. in Edw. 4. and Rich. 3. days , was : The King and his Parliament , with the Assent of the Prelates , Earles , and Barons , and at the Petition , or at the special Instance of the Commons , doth Ordain . The same Mr. Fuller saith , that the Statute made against Lollards , was without the Assent of the Commons , as appears by their Petition in these Words , The Commons beseech , that whereas a Statute was made in the last Parliament , &c. which was never Assented nor Granted by the Commons , but that which was done therein , was done without their Assent . ( 17. ) How far the Kings Council hath directed and swayed in Parliament , hath in part appeared by what hath been already produced . For further Evidence , we may add the Statute of Westminster : The first which saith , These be the Acts of King Edward 1. made at His First Parliament General , by His Council , and by the assent of Bishops , Abbots , Priors , Earles , Barons , and all the Commonalty of the Realm , &c. The Statute of Bygamy saith , In presence of certain Reverend Fathers , Bishops of England , and others of the Kings Council , for as much as all the King's Council , as well Iustices as others , did agree , that they should be put in Writing , and observed . The Statute of Acton Burnell saith , The King , for Himself , and by His Council , hath Ordained and Established . In Articuli super Chartas ; when the Great Charter was confirmed , at the Request of his Prelates , Earls and Barons , we find these Passages . 1. Nevertheless the King and His Council do not intend by reason of this Statute to diminish the Kings Right , &c. 2. And notwithstanding all these things before-mentioned , or any part of them ; both the King and his Council , and all they that were present at the making of this Ordinance , will and intend that the Right and Prerogative of his Crown shall be saved to him in all things . Here we may see in the same Parliament the Charter of the Liberties of the Subjects confirmed , and a saving of the Kings Prerogative : Those times neither stumbled at the Name , nor conceived any such Antipathy between the Terms , as should make them incompatible . The Statute of Escheators hath this Title , At the Parliament of our Soveraign Lord the King , by his Council it was agreed ; and also by the King himself commanded . And the Ordinance of Inquest goeth thus , It is agreed and Ordained by the King himself , and all his Council . The Statute made at York , 9. Ed. 3. saith , Whereas the Knights , Citizens , and Burgesses desired our Soveraign Lord the King in his Parliament , by their Petition , that for his Profit , and the Commodity of his Prelates , Earls , Barons , and Commons , it may please him to provide remedy ; our Soveraign Lord the King desiring the profit of his people by the assent of his Prelates , Earles , Barons , and other Nobles of his Council being there , hath ordained . In the Parliament primo Edwardi the Third , where Magna Charta was confirmed , I find this Preamble , At the Request of the Commonalty by their Petition made before the King and His Council in Parliament , by the assent of the Prelates , Earles , Barons , and other Great Men Assembled , it was Granted . The Commons presenting a Petition unto the King , which the King's Council did mislike , were content thereupon to mend and explain their Petition ; the Form of which Petition is in these words , To their most redoubted Soveraign Lord the King , praying the said Commons , That whereas they have pray'd Him to be discharged of all manner of Articles of the Eyre , &c. Which Petition seemeth to His Council to be prejudicial unto Him , and in Disinherison of His Crown , if it were so generally granted . His said Commons not willing nor desiring to demand things of Him , which should fall in Disinherison of Him or His Crown perpetually , as of Escheators , &c. but of Trespasses , Misprisions , Negligences , and Ignorances , &c. In the time of Henry the Third , an Order or Provision was made by the King's Council , and it was pleaded at the Common Law in Bar to a Writ of Dower . The Plantiffs Attorney could not deny it , and thereupon the Iudgment was ideo sine die . It seems in those days an Order of the Council-Board was either parcel of the Common-Law or above it . The Reverend Judges have had regard in their Proceedings , that before they would resolve or give Iudgment in new Cases , they consulted with the King 's Privy Council . In the Case of Adam Brabson , who was assaulted by R. W. in the presence of the Iustices of Assize at Westminster , the Judges would have the Advice of the Kings Council : For in a like Case , because R. C. did strike a Juror at Westminster which passed in an Inquest against one of his Friends , It was adjudged by all the Council that his right hand should be cut off , and his Lands and Goods forfeited to the King. Green and Thorp were sent by Judges of the Bench to the Kings Council , to demand of them whether by the Statute of 14. Ed. 3. cap. 16. a Word may be amended in a Writ ; and it was answered , that a Word may well be amended , although the Statute speak but of a Letter or Syllable . In the Case of Sir Tho. Oghtred , Knight , who brought a Formedon against a poor Man and his Wife ; they came and yielded to the Demandant , which seemed suspitious to the Court , whereupon Iudgment was stayed ; and Thorp said , That in the like Case of Giles Blacket , it was spoken of in Parliament , and we were commanded , that when any like Case should come , we should not go to Iudgment without good advice : therefore the Judges Conclusion was , Sues au Counseil , & comment ils voillet que nous devomus faire , nous volume faire , & auterment nient en cest case . Sue to the Council , and as they will have us to do , we will ; and otherwise not in this Case . ( 18. ) In the last place , we may consider how much hath been attributed to the Opinions of the Kings Iudges by Parliaments , and so find , that the Kings Council hath guided and ruled the Iudges , and the Iudges guided the Parliament . In the Parliament of 28. Hen. 6. The Commons made Suit , That William de la Poole , D. of Suffolke , should be committed to Prison , for many Treasons and other Crimes . The Lords of the Higher House were doubtful what Answer to give , the Opinion of the Iudges was demanded . Their Opinion was , that he ought not to be committed , for that the Commons did not charge him with any particular Offence , but with General Reports and Slanders . This Opinion was allowed . In another Parliament , 31. Hen. 6. ( which was prorogued ) in the Vacation the Speaker of the House of Commons was condemned in a thousand pound dammages , in an Action of Trespass , and was committed to Prison in Execution for the same . When the Parliament was re-assembled , the Commons made suit to the King and Lords to have their Speaker delivered ; the Lords demanded the Opinion of the Judges , whether he might be delivered out of Prison by priviledge of Parliament ; upon the Judges answer it was concluded , That the Speaker should still remain in Prison , according to the Law , notwithstanding the priviledge of Parliament , and that he was the Speaker : Which Resolution was declared to the Commons by Moyle , the King's Serjeant at Law ; and the Commons were commanded in the Kings Name , by the Bishop of Lincolne , ( in the absence of the Arch-bishop of Canterbury , then Chancellour ) to chuse another Speaker . In septimo of Hen. 8. a question was moved in Parliament , Whether Spiritual Persons might be convented before Temporal Iudges for Criminal Causes . There Sir Iohn Fineux , and the other Judges , delivered their Opinion , That they might and ought to be : and their Opinion was allowed and maintained by the King and Lords , and Dr. Standish , who before had holden it ; the same Opinion was delivered from the Bishops . If a Writ of Errour be sued in Parliament upon a Judgment given in the Kings Bench , the Lords of the higher House alone , ( without the Commons ) are to examine the Errours ; the Lords are to proceed according to Law , and for their Judgment therein they are to be informed by the advice and counsel of the Judges , who are to inform them what the Law is , and so to direct them in their Judgment ; for the Lords are not to follow their own Opinions or Discretions otherwise . So it was in a Writ of Errour brought in Parliament by the Dean and Chapter of Lichfield , against the Prior and Covent of Newton-Panel , as appeareth by Record . See Flower Dew's Case , P. 1. H. 7. fol. 19. FINIS . Notes, typically marginal, from the original text Notes for div A41308-e900 1 Kings 20. 16. Gen. 27 , 29. Notes for div A41308-e3340 Arist. Pol. Lib. 1. c. 2. A41310 ---- Political discourses of Sir Robert Filmer, Baronet, viz. Patriarcha, or the natural power of Kings. The free-holders Grand-inquest. Observations upon Aristotles politicks. Directions for obedience to government. Also observations upon Mr. Hobbs's Leviathan. Mr. Milton against Salmatius. Hugo Grotius de Jure Belli & Pacis. Mr. Hunton's treatise on Monarchy. With an advertisement to the Jurymen of England touching witches Patriarcha. Filmer, Robert, Sir, d. 1653. 1680 Approx. 171 KB of XML-encoded text transcribed from 80 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2006-06 (EEBO-TCP Phase 1). A41310 Wing F925 ESTC R215623 99827438 99827438 31856 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A41310) Transcribed from: (Early English Books Online ; image set 31856) Images scanned from microfilm: (Early English books, 1641-1700 ; 1864:31) Political discourses of Sir Robert Filmer, Baronet, viz. Patriarcha, or the natural power of Kings. The free-holders Grand-inquest. Observations upon Aristotles politicks. Directions for obedience to government. Also observations upon Mr. Hobbs's Leviathan. Mr. Milton against Salmatius. Hugo Grotius de Jure Belli & Pacis. Mr. Hunton's treatise on Monarchy. With an advertisement to the Jurymen of England touching witches Patriarcha. Filmer, Robert, Sir, d. 1653. [16], 141, [1] p. [s.n.], London : printed in the year M DC LXXX. [1680] A reissue of Patriarcha (Wing F923) with new title page in place of frontispiece; original title page not cancelled. Reproduction of the original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Monarchy -- Great Britain -- Early works to 1800. Political science -- Early works to 1800. 2005-11 TCP Assigned for keying and markup 2005-12 Apex CoVantage Keyed and coded from ProQuest page images 2006-01 Judith Siefring Sampled and proofread 2006-01 Judith Siefring Text and markup reviewed and edited 2006-04 pfs Batch review (QC) and XML conversion POLITICAL DISCOURSES OF Sir Robert Filmer , Baronet , VIZ. Patriarcha , or the Natural Power of Kings . The Free-holders Grand-Inquest . Observations upon Aristotles Politicks . Directions for Obedience to Government . ALSO Observations upon Mr. Hobbs's Leviathan . Mr. Milton against Salmatius . Hugo Grotius de Jure Belli & Pacis . Mr. Hunton's Treatise of Monarchy . WITH An ADVERTISEMENT to the Jurymen of England touching WITCHES . LONDON , Printed in the Year M DC LXXX . Patriarcha : OR THE Natural Power OF KINGS . By the Learned Sir ROBERT FILMER , Baronet . Lucan . Lib. ● . Libertas — Populi , quem regna coercent Libertate perit — Claudian . Fallitur , egregio quisquis sub Principe oredit Servitium ; nusquam Libertas gratior extat Quam sub Rege pio — LONDON , Printed , and are to be sold by Walter Davis Book-binder , in Amen-Corner , near Pater-noster-row , 1680. The COPY OF A LETTER Written by the Late Learned Dr. PETER HEYLYN , to Sir Edward Filmer , Son of the Worthy Author , concerning this Book and his other Political Discourses . SIR , HOW great a Loss I had in the death of my most dear and honoured Friend , your deceased Father , no man is able to conjecture , but he that hath suffered in the like . So affable was his Conversation , his Discourse so rational , his Judgment so exact in most parts of Learning , and his Affections to the Church so Exemplary in him , that I never enjoyed a greater Felicity in the company of any Man living , than I did in his : In which respects I may affirm both with Safety and Modesty , that we did not only take sweet Counsel together , but walked in the House of God as Friends : I must needs say , I was prepared for that great Blow , by the loss of my Preferment in the Church of Westminster , which gave me the opportunity of so dear and beloved a Neighbourhood ; so that I lost him partly before he died , which made the Misery the more supportable , when I was deprived of him for altogether . But I was never more sensible of the infelicity , than I am at this present , in reference to that satisfaction , which I am sure he could have given the Gentleman whom I am to deal with : His eminent Abilities in these Political Disputes , exemplified in his Judicious Observations upon Aristotles Politiques ; as also in some passages on Grotius , Hunton , Hobbs , and other of our late Discoursers about Forms of Government , declare abundantly how fit a Man he might have been to have dealt in this cause , which I would not willingly should be betrayed by unskilful handling : And had he pleased to have suffered his Excellent Discourse called Patriarcha to appear in Publick , it would have given such satisfaction to all our great Masters in the Schools of Politie , that all other Tractates in that kind , had been found unnecessary . Vide Certamen Epistolare . 386. THE CONTENTS . CHAP. I. That the first Kings were Fathers of Families . ( 1 ) THE Tenent of the Natural Liberty of the People , New , Plausible , and Dangerous . ( 2 ) The Question stated out of Bellarmine , and some Contradictions of his noted . ( 3 ) Bellarmine's Argument answered out of Bellarmine himself . ( 4 ) The Royal Authority of the Patriarchs before the Flood . ( 5 ) The Dispersion of Nations over the World after the Confusion of Babel , was by entire Families , over which the Fathers were Kings . ( 6 ) And from them all Kings descended . ( 7 ) All Kings are either Fathers of their People : ( 8 ) Or Heirs of such Fathers , or Usurpers of the Right of such Fathers . ( 9 ) Of the Escheating of Kingdoms . ( 10 ) Of Regal and Paternal Power and of their Agreement . CHAP. II. It is unnatural for the People to Govern , or Chose Governours . ( 1 ) ARistotle examined about the Fredom of the People , and justisied . ( 2 ) Suarez disputes against the Regality of Adam . ( 3 ) Families diversly defined by Aristotle , Bodin , and others . ( 4 ) Suarez contradicting Bellarmine . ( 5 ) Of Election of Kings , ( 6 ) By the major part of the People , ( 7 ) By Proxie , and by Silent Acceptation . ( 8 ) No example in Scripture of the Peoples Choosing their King. Mr. Hookers judgement therein . ( 9 ) God governed alwayes by Monarchy . ( 10 ) Bellarmine and Aristotles judgement of Monarchy . ( 11 ) Imperfections of the Roman Democratie . ( 12 ) Rome began her Empire under Kings , and perfected it under Emperours . In danger the People of Rome always fled to Monarchy . ( 13 ) VVhether Democraties were invented to bridle Tyrants , or whether they crept in by stealth . ( 14 ) Democraties vilified by their own Historians . ( 15 ) Popular Government more Bloody than Tyranny . ( 16 ) Of a mixed Government of the King and People . ( 17 ) The People may not judge nor correct their King. ( 18 ) No Tyrants in England since the Conquest . CHAP. III. Positive Laws do not infringe the Natural and Fatherly Power of Kings . ( 1 ) REgal Authority not subject to Positive Laws . Kings were before Laws . The Kings of Judah and Israel not tyed to Laws . ( 2 ) Of Samuel's Description of a King. ( 3 ) The Power ascribed to Kings in the New Testament . ( 4 ) VVhether Laws were invented to bridle Tyrants . ( 5 ) The Benefit of Laws . ( 6 ) Kings keep the Laws , though not bound by the Laws . ( 7 ) Of the Oaths of Kings . ( 8 ) Of the Benefit of the Kings Prerogative over Laws . ( 9 ) The King the Author , the Interpreter , and Corrector of the Common Laws . ( 10 ) The King Iudge in all Causes both before the Conquest and since . ( 11 ) The King and his Councel anciently determined Causes in the Star-Chamber . ( 12 ) Of Parliaments . ( 13 ) VVhen the People were first called to Parliaments . ( 14 ) The Liberty of Parliaments not from Nature , but from the Grace of Princes . ( 15 ) The King alone makes Laws in Parliament . ( 16 ) He Governs Both Houses by himselfe , ( 17 ) Or by His Councel , ( 18 ) Or by His Iudges . ERRATA . Page 4. line 3. for Calume read Calvin . CHAP. I. That the first Kings were Fathers of Families . ( 1 ) THE Tenent of the Natural Liberty of Mankind , New , Plausible , and Dangerous . ( 2 ) The Question stated out of Bellarmine : Some Contradictions of his noted . ( 3 ) Bellarmine's Argument answered out of Bellarmine himself . ( 4 ) The Royal Authority of the Patriarchs before the Flood . ( 5 ) The dispersion of Nations over the World after the Confusion of Babel , was by entire Families , over which the Fathers were Kings . ( 6 ) and from them all Kings descended . ( 7 ) All Kings are either Fathers of their People , ( 8 ) Or Heirs of such Fathers , or Usurpers of the Right of such Fathers . ( 9 ) Of the Escheating of Kingdoms . ( 10 ) Of Regal and Paternal Power , and their Agreement . SInce the time that School-Divinity began to flourish , there hath been a common Opinion maintained , as well by Divines , as by divers other Learned Men , which affirms , Mankind is naturally endowed and born with Freedom from all Subjection , and at liberty to choose what Form of Government it please : And that the Power which any one Man hath over others , was at first bestowed according to the discretion of the Multitude . This Tenent was first hatched in the Schools , and hath been fostered by all succeeding Papists for good Divinity . The Divines also of the Reformed Churches have entertained it , and the Common People every where tenderly embrace it , as being most plausible to Flesh and Blood , for that it prodigally destributes a Portion of Liberty to the meanest of the Multitude , who magnifie Liberty , as if the height of Humane Felicity were only to be found in it , never remembring That the desire of Liberty was the first Cause of the Fall of Adam . But howsoever this Vulgar Opinion hath of late obtained a great Reputation , yet it is not to be found in the Ancient Fathers and Doctors of the Primitive Church : It contradicts the Doctrine and History of the Holy Scriptures , the constant Practice of all Ancient Monarchies , and the very Principles of the Law of Nature . It is hard to say whether it be more erroneous in Divinity , or dangerous in Policy . Yet upon the ground of this Doctrine both Jesuites , and some other zealous favourers of the Geneva Discipline , have built a perillous Conclusion , which is , That the People or Multitude have Power to punish , or deprive the Prince , if he transgress the Laws of the Kingdom ; witness Parsons and Buchanan : the first under the name of Dolman , in the Third Chapter of his First Book labours to prove , that Kings have been lawfully chastised by their Commonwealths : The ●atter in his Book De jure Regni apud Scotos , maintains A Liberty of the People to depose their Prince . Cardinal Bellarmine and Calume , both look asquint this way . This desperate Assertion whereby Kings are made subject to the Censures and Deprivations of their Subjects , follows ( as the Authors of it conceive ) as a necessary Consequence of that former Position of the supposed Natural Equality and Freedom of Mankind , and Liberty to choose what form of Government it please . And though Sir John Heyward , Adam Blackwood , John Barclay , and some others have Learnedly Confuted both Buchanan and Parsons , and bravely vindicated the Right of Kings in most Points , yet all of them , when they come to the Argument drawn from the Natural Liberty and Equality of Mankind , do with one consent admit it for a Truth unquestionable , not so much as once denying or opposing it ; whereas if they did but confute this first erroneous Principle , the whole Fabrick of this vast Engine of Popular Sedition would drop down of it self . The Rebellious Consequence which follows this prime Article of the Natural Freedom of Mankind may be my Sufficient Warrant for a modest Examination of the original Truth of it ; much hath been said , and by many , for the Affirmative ; Equity requires that an Ear be reserved a little for the Negative . In this DISCOURSE I shall give my self these Cautions : First , I have nothing to do to medle with Mysteries of State , such Arcana Imperii , or Cabinet-Councels , the Vulgar may not pry into . An implicite Faith is given to the meanest Artificer in his own Craft , how much more is it then due to a Prince in the profound Secrets of Government ? The Causes and Ends of the greatest politique Actions and Motions of State dazle the Eyes , and exceed the Capacities of all men , save only those that are hourly versed in the managing Publique Affairs : yet since the Rule for each men to know in what to obey his Prince , cannot be learnt without a relative Knowledge of those Points wherein a Sovereign may Command , it is necessary when the Commands and Pleasures of Superiours come abroad and call for an Obedience , that every man himself know how to regulate his Actions or his Sufferings ; for according to the Quality of the Thing commanded , an Active or Passive Obedience is to be yielded ; and this is not to limit the Princes Power , but the extent of the Subjects Obedience , by giving to Caesar the things that are Caesar's , &c. Secondly , I am not to question , or quarrel ●● the Rights or Liberties of this or any other Nation ; my task is chiefly to enquire from whom these first came , not to dispute what , or how many these are ; but whether they were derived from the Laws of Natural Liberty , or from the Grace and Bounty of Princes . My desire and Hope is , that the people of England may and do enjoy as ample Privileges as any Nation under Heaven ; the greatest Liberty in the World ( if it be duely considered ) is for a people to live under a Monarch . It is the Magna Charta of this Kingdom , all other shews or pretexts of Liberty , are but several degrees of Slavery , and a Liberty only to destroy Liberty . If such as Maintain the Natural Liberty of Mankind , take Offence at the Liberty I take to Examine it , they must take heed that they do not deny by Retail , that Liberty which they affirm by Whole-sale : For , if the Thesis be true , the Hypothesis will follow , that all men may Examine their own Charters , Deeds , or Evidences by which they claim and hold the Inheritance or Freehold of their Liberties . Thirdly , I must not detract from the Worth of all those Learned Men , who are of a contrary Opinion in the Point of Natural Liberty : the profoundest Scholar that ever was known hath not been able to search out every Truth that is discoverable ; neither Aristotle in Philosophy , nor Hooker in Divinity . They are but Men , yet I reverence their Judgements in most Points , and confess my self beholding to their Errors too in this ; something that I found amiss in their Opinions , guided me in the discovery of that Truth which ( I perswade my self ) they missed . A Dwarf sometimes may see that which a Giant looks over ; for whilest one Truth is curiously searched after , another must necessarily be neglected . Late Writers have taken up too much upon Trust from the subtile School-men , who to be sure to thrust down the King below the Pope , thought it the safest course to advance the People above the King , that so the Papal Power might take place of the Regal . Thus many an Ignorant Subject hath been fooled into this Faith , that a man may become a Martyr for his Countrey , by being a Traytor to his Prince ; whereas the New-coyned distinction of Subjects into Royallists and Patriots , is most unnatural , since the relation between King and People is so great , that their well-being is so Reciprocal . ( 2 ) To make evident the Grounds of this Question , about the Natural Liberty of Mankind , I will lay down some passages of Cardinal Bellarmine , that may best unfold the State of this Controversie . Secular or Civil Power ( saith he ) is instituted by Men ; It is in the People , unless they bestow it on a Prince . This Power is immediately in the whole Multitude , as in the Subject of it ; for this Power is in the Divine Law , but the Divine Law hath given this Power to no particular Man — If the Positive Law be taken away , there is left no Reason , why amongst a Multitude ( who are Equal ) one rather than another should bear Rule over the rest . — Power is given by the Multitude to one man , or to more , by the same Law of Nature ; for the Commonwealth cannot exercise this Power , therefore it is bound to bestow it upon some One Man , or some Few . — It depends upon the Consent of the Multitude to ordain over themselves a King , or Consul , or other Magistrates ; and if there be a lawful Cause , the Multitude may change the Kingdom into an Aristocracy or Democracy . Thus far Bellarmine ; in which passages are comprised the strength of all that ever I have read , or heard produced for the Natural Liberty of the Subject . Before I examine or refute these Doctrines , I must a little make some Observations upon his Words . First , He saith , that by the Law of God , Power is immediately in the People ; hereby he makes God to be the immediate Author of a Democratical Estate ; for a Democracy is nothing else but the Power of the Multitude . If this be true , not only Aristocracies , but all Monarchies are altogether unlawful , as being ordained ( as he thinks ) by Men , whenas God himself hath chosen a Democracy . Secondly , He holds , that although a Democracy be the Ordinance of God , yet the people have no power to use the Power which God hath given them , but only power to give away their Power ; whereby it followeth , that there can be no Democratical Government , because he saith , the people must give their Power to One Man , or to some Few ; which maketh either a Regal or Aristocratical Estate ; which the Multitude is tyed to do , even by the same Law of Nature which Originally gave them the Power : And why then doth he say , the Multitude may change the Kingdom into a Democracy ? Thirdly , He concludes , that if there be lawful Cause , the Multitude may change the Kingdom . Here I would fain know who shall judge of this lawful Cause ? ●f the Multitude ( for I see no Body else can ) then this is a pestilent and dangerous Conclusion . ( 3 ) I come now to examine that Argument which is used by Bellarmine , and ●s the One and only Argument I can find produced by my Author for the proof of the Natural Liberty of the People . It is thus framed : That God hath given or ordained Power , is evident by Scripture ; But God hath given it to no particular Person , because by Nature all Men are Equal ; therefore he hath given Power to the People , or Multitude . To Answer this Reason , drawn from the Equality of Mankind by Nature , I will first use the help of Bellarmine himself , whose very words are these : If many men had been together created out of the Earth , they all ought to have been Princes over their Posterity . In these words we have an Evident Confession , that Creation made man Prince of his Posterity . And indeed not only Adam , but the succeeding Patriarchs had , by Right of Father-hood , Royal Authority over their Children . Nor dares Bellarmie deny this also . That the Patriarchs ( saith he ) were endowed with Kingly Power their Deeds do testifie ; for as Adam was Lord of his Children , so his Children under him , had a Command and Power over their own Children ; but still with subordination to the First Parent , wh● is Lord-Paramout over his Children Children to all Generations , as being the Grand-Father of his People . ( 4 ) I see not then how the Children of Adam , or of any man else can be free from subjection to their Parents : And this subjection of Children being the Fountain of all Regal Authority , by the Ordination of God himself ; It follows that Civil Power not only in general i● by Divine Institution , but even the Assignment of it specifically to the Eldest Parents , which quite takes away tha● New and Common distinction , which refers only Power Universal and Absolute to God ; but Power Respective , in regard of the Special Form of Government , to the Choice of the people . This Lordship which Adam by Com●●nd had over the whole World , and Right descending from him the Pa●●●archs did enjoy , was as large and ●ple as the Absolutest Dominion of ●y Monarch which hath been since the ●eation : For Dominion of Life and ●eath , we find that Judah the Father ●onounced Sentence of Death against ●amar his Daughter-in-law , for play●●g the Harlot ; Bring her forth ( saith 〈◊〉 ) that she may be burnt . Touching ●ar , we see that Abram commanded an ●rmy of 318 Souldiers of his own Fa●ily . And Esau met his Brother Jacob ●ith 400 Men at Arms. For matter of ●eace , Abraham made a League with ●●imelech , and ratified the Articles with ● Oath . These Acts of Judging in Ca●al Crimes , of making War , and con●●uding Peace , are the chiefest Marks of ●overeignty that are found in any Monarch . ( 5 ) Not only until the Flood , but ●fter it , this Patriarchal Power did con●●nue , as the very name Patriarch doth ●● part prove . The three Sons of Noah ●ad the whole World divided amongst them by their Father ; for of them ●● the whole World over-spread , according to the Benediction given to him a● his Sons , Be fruitful and multiply , a● replenish the Earth . Most of the Civil● Nations of the Earth labour to fet● their Original from some One of t●● Sons or Nephews of Noah , which we● scattered abroad after the Confusion Babel : In this Dispersion we must certainly find the Establishment of Reg● Power throughout the Kingdoms of t●● World. It is a common Opinion , that at th● Confusion of Tongues there were ●● distinct Nations erected , all which we● not Confused Multitudes , without Hea●● or Governours , and at Liberty to choo●● what Governours or Government the● pleased ; but they were distinct Families , which had Fathers for Rulers over them ; whereby it appears that even i● the Confusion God was careful to preserve the Fatherly Authority , by distributing the diversity of Languages according to the diversity of Families for so plainly it appears by the Text First , after the Enumeration of the Son● of Japhet , the Conclusion is , By these ●ere the Isles of the Gentiles divided in their Lands , every one after his Tongue , after their Families , in their Nations ; so ●t is said : These are the Sons of Ham ●fter their Families , after their Tongues , ●● their Countreys , and in their Nations . The like we read , These are the Sons of ●hem after their Families , after their Tongues , in their Lands , after their Nations . These are the Families of the Sons of Noah after their Generations in their Nations ; and by these were these Nations divided in the Earth , after the Flood . In this Division of the World , some are of Opinion that Noah used Lots for the distribution of it ; others affirm he ●ayled about the Mediterranean Sea in Ten years , and as he went about , appointed to each Son his part , and so made the Division of the then known World into Asia , Africa , and Europe , according to the Number of his Sons ) ●he Limits of which Three Parts are all ●ound in that Midland Sea. ( 6 ) But howsoever the manner of this Division be uncertain , yet it is most certain the Division it self was by Families from Noah and his Children , over which the Parents were Heads and Princes . Amongst these was Nimrod , who n● doubt ( as Sir Walter Raleigh affirms was , by good Right , Lord or King over his Family ; yet against Right did h● enlarge his Empire , by seizing violentl● on the Rights of other Lords of Families : And in this sense he may be sai● to be the Author and first Founder o● Monarchy . And all those that do attribute unto him the Original Regal Power , do hold he got it by Tyranny o● Usurpation , and not by any due Election of the People or Multitude , o● by any Faction with them . As this Patriarchal Power continued in Abraham , Isaac , and Jacob , even until the Egyptian Bondage ; so we find it amongst the Sons of Ismael and Esau . I● is said , These are the Sons of Ismael , and these are their Names by their Castles and Towns , Twelve Princes of their Tribes and Families . And these are the Names of the Dukes that came of Esau , according to their families & their places by their nations . ( 7 ) Some perhaps may think that these Princes and Dukes of Families were but ●ome petty Lords under some greater Kings , because the number of them are so many , that their particular Territories ●ould be but small , and not worthy the Ti●e of Kingdoms ; but they must consider , ●hat at first , Kings had no such large Dominions as they have now adays ; we find ● the time of Abraham , which was about ●00 years after the Flood , that in a little ●orner of Asia , 9 Kings at once met in Ba●●il , most of which were but Kings of ●ities apiece , with the adjacent Territo●es , as of Sodom , Gomorrah , Shinar , &c. In ●he same Chapter is mention of Melchise●ck King of Salem , which was but the Ci●● of Jerusalem . And in the Catalogue of ●●e Kings of Edom , the Names of each ●ing's City is recorded , as the only Mark ● distinguish their Dominions . In the ●and of Canaan , which was but a small cir●it , Joshuah destroyed Thirty one Kings ; ●nd about the same time , Adonibeseck had ●o Kings , whose Hands and Toes he had ●t off , and made them feed under his Ta●●e . A few years after this , 32 Kings came ● Benhadad King of Syria , and about Seventy Kings of Greece went to the Wars of Troy. Caesar found more Kings in France , than there be now Princes there , and at his Sailing over into this Island , he found four Kings in our County of Kent . These heaps of Kings in each Nation , are an Argument their Territories were but small , and strongly confirms our Assertion , that Erection of Kingdoms came at first only by Distinction of Families . By manifest Footsteps we may trace this Paternal Government unto the Israelites coming into Aegypt , where th● Exercise of Supreme Patriarchal Jurisdiction was intermitted , because they were in subjection to a stronger Prince After the Return of these Israelites ou● of Bondage , God out of a special Ca● of them , chose Moses and Josuah successively to govern as Princes in th● Place and Stead of the Supreme Fathers and after them likewise for a time , h● raised up Judges , to defend his People in time of Peril . But when God gav● the Israelites Kings , he reestablished th● Antient and Prime Right of Lineal Succession to Paternal Government . And whensoever he made choice of any special Person to be King , he intended that the Issue also should have benefit thereof , as being comprehended sufficiently ●n the Person of the Father , although the Father only was named in the Graunt . ( 8. ) It may seem absurd to maintain that Kings now are the Fathers of their People , since Experience shews the contrary . It is true , all Kings be not the Natural Parents of their Subjects , yet they all either are , or are to be reputed the next Heirs to those first Progenitors , who were at first the Natural Parents of the whole People , and in their Right succeed to the Exercise of Supreme Jurisdiction ; and such Heirs are not only Lords of their own Children , but also of their Brethren , and all others that were subject to their Fathers : And therefore we find , that God told Cain of his Brother Abel , His Desires shall be subject ●nto thee , and thou shalt rule over him . Accordingly , when Jacob bought his Brother's Birth-right , Isaac blessed him thus , Be Lord over thy Brethren , and ●et the Sons of thy Mother how before thee . As long as the first Fathers of Families lived , the name of Patriarchs did aptly belong unto them ; but after a few Descents , when the true Fatherhood it self was extinct , and only the Right of the Father descends to the true Heir , then the Title of Prince or King was more Significant , to express the Power of him who succeeds only to the Right of that Fatherhood which his Ancestors did Naturally enjoy ; by this means it comes to pass , that many a Child , by succeeding a King , hath the Right of a Father over many a Gray-headed Multitude , and hath the Title of Pater Patriae . ( 9. ) It may be demanded what becomes of the Right of Fatherhood , in Case the Crown does escheate for want of an Heir ? Whether doth it not then Devolve to the People ? The Answer is It is but the Negligence or Ignorance of the People to lose the Knowledge of the true Heir : for an Heir there always is . If Adam himself were still living , and now ready to die , it is certain that there is One Man , and but One in the World who is next Heir● although the Knowledge who should be that one One Man be quite lost . 2. This Ignorance of the People being admitted , it doth not by any means follow ; that for want of Heirs the Supreme Power is devolved to the Multitude , and that they have Power to Rule , and Chose what Rulers they please . No , the Kingly Power escheats in such cases to the Princes and independent Heads of Families : for every Kingdom is resolved into those parts whereof at first it was made . By the Uniting of great Families or petty Kingdoms , we find the greater Monarchies were at the first erected ; and into such again , as into their first Matter many times they return again . And because the dependencie of ancient Families is ●oft obscure or worn out of Knowledge ; ●herefore the wisdom of All or Most Princes have thought fit to adopt many times ●hose for Heads of Families , and Princes of Provinces , whose Merits , Abilities , or Fortunes , have enobled them , or Made them fit and capable of such Re●al Favours . All such prime Heads and ●athers have power to consent in the uniting or conferring of their Fatherly Right of Sovereign Authority on whom they please : And he that is so Elected , claims not his Power as a Donative from the People ; but as being substituted properly by God , from whom he receives his Royal Charter of an Universal Father , though testified by the Ministry of the Heads of the People . If it please God , for the Correction of the Prince , or punishment of the People , to suffer Princes to be removed and others to be placed in their rooms either by the Factions of the Nobility or Rebellion of the People ; in all suc● cases , the Judgement of God , who ha●● power to give and to take away Kingdoms , is most just : yet the Ministry of men who execute God's Judgment without Commission , is sinful and damnable . God doth but use and turn men Unrighteous Acts to the performance o● his Righteous Decrees . ( 10. ) In all Kingdoms or Common wealths in the World , whether th● Prince be the Supreme Father of the People , or but the true Heir of such Father , or whether he come to the Crown by Usurpation , or by Election of the Nobles , or of the People , or by any other way whatsoever ; or whether some Few or a Multitude govern the Commonwealth : yet still the Authority that is in any One , or in Many , or in All these , is the only Right and Natural Authority of a Supreme Father . There is and always shall be continued to the End of the World , a Natural Right of a Supreme Father over every Multitude , although by the secret Will of God , many at first do most unjustly obtain the Exercise of it . To confirm this Natural Right of Regal Power , we find in the Decalogue , That the Law which enjoyns Obedience to Kings , is delivered in the terms of Honour thy Father , as if all power were originally in the Father . If Obedience to Parents be immediately due ●y a Natural Law , and Subjection to ●rinces , but by the Mediation of an ●umane Ordinance ; what reason is there ●hat the Laws of Nature should give ●ace to the Laws of Men ? as we see he power of the Father over his Child , gives place , and is subordinate to the power of the Magistrate . If we compare the Natural Rights of a Father with those of a King , we find them all one , without any difference at all , but only in the Latitude or Extent of them : as the Father over one Family , so the King as Father over many Families extends his care to preserve , feed , cloth , instruct and defend the whole Commonwealth . His War , his Peace , his Courts of Justice , and all his Acts of Sovereignty tend only to preserve and distribute to every subordinate and inferiour Father , and to their Children , their Rights and Privileges ; so that all the Duties of a King are summed up in an Universal Fatherly Care of his People . CHAP. II. It is unnatural for the People to Govern , or Chose Governours . ( 1. ) ARistotle examined about the Freedom of the People , and justified . ( 2. ) Suarez disputing against the Regality of Adam . ( 3. ) Families diversly defined by Aristotle , Bodin and others . ( 4. ) Suarez contradicting Bellarmine . ( 5. ) Of Election of Kings . ( 6. ) By the Major part of the People . ( 7. ) By Proxy , and by silent Acceptation . ( 8. ) No Example in Scripture of the Peoples chosing their King. Mr. Hooker's Judgment therein . ( 9. ) God governed always by Monarchy . ( 10. ) Bellarmine and Aristotle's Judgment of Monarchy . ( 11. ) Imperfections of the Roman Democratie . ( 12. ) Rome began her Empire under Kings , and perfected under Emperours . In danger , the People of Rome always fled to Monarchy . ( 13. ) Whether Democraties were invented to bridle Tyrants , or rather that they came in by Stealth . ( 14. ) Democraties vilified by their own Historians . ( 15. ) Popular Government more bloody than Tyranny . ( 16. ) Of a mixed Government of the King and People . ( 17. ) The People may not judge or correct their King. ( 18. ) No Tyrants in England since the Conquest . ( 1. ) BY conferring these Proofs and Reasons drawn from the Authority of the Scripture , it appears little less than a Paradox which Bellarmine and others affirm of the Freedom of the Multitude , to chose what Rulers they please . Had the Patriarchs their Power given them by their own Children ? Bellarmine does not say it , but the Contrary : If then the Fatherhood enjoyed this Authority for so many Ages by the Law of Nature , when was it lost , or when forfeited , or how is it devolved to the Liberty of the Multitude ? Because the Scripture is not favourable to the Liberty of the People ; therefore many fly to Natural Reason , and to the Authority of Aristotle . I must crave Liberty to examine or explain the Opinion of this great Philosopher ; but briefly , I find this Sentence in the Third of his Politiques . Cap. 16. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . It seems to some not to be natural for one man to be Lord of all the Citizens , since a City consists of Equals . D. Lambine in his Latine Interpretation of this Text , hath omitted the Translation of this word [ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ] by this means he maketh that to be the Opinion of Aristotle , which Aristotle alleadgeth to be the Opinion but of some . This Negligence , or Wilful Escape of Lambine , ●n not translating a word so Material , hath been an occasion to deceive many , who looking no farther than this Latine Translation , have concluded , and made the World now of late believe , that Aristotle here maintains a Natural Equality of Men ; and not only our English Translator of Aristotle Politiques is in this place misled by following Lambine ; but even the Learned Monsieur Duvall in his Synopsis bea● them company : and yet this Version of Lambine's is esteemed the best , and Printed at Paris with Causabon's corrected Greek Copy , though in the rendring of this place , the Elder Translations have been more faithful ; and he that shall compare the Greek Text with the Latine , shall find that Causabon had just cause in his Preface to Aristotle Works , to complain that the best Translations of Aristotle did need Correction : To prove that in these words which seem to favour the Equality of Mankind Aristotle doth not speak according to his own Judgment , but recites only the Opinion of others ; we find him clearly deliver his own Opinion , that the Power of Government did originally arise from the Right of Fatherhood which cannot possibly consist with that Natural Equality which Men dream of : for in the First of his Politiques he agrees exactly with the Scripture , and lays this Foundation of Government , The first Society ( saith he ) made of Many Houses is a Village , which seems most naturally to be a Colony of Families or foster-Brethren of Children and Childrens Children . And therefore at he beginning , Cities were under the Government of Kings , for the eldest in very house is King : And so for Kindred●ke it is in Colonies . And in the fourth of his Politiques , cap. 2 , He gives the Title of the first and Divinest sort of Government to the Institution of Kings , by Defining Tyranny to be a Digression ●●om the First and Divinest . Whosoever weighs advisedly these ●assages , will find little hope of Natural Reason in Aristotle to prove the Natural ●iberty of the Multitude . Also before ●im the Divine Plato concludes a Commonweal to be nothing else but a large ●amily . I know for this Position Aristotle quarrels with his Master , but most ●njustly ; for therein he contradicts his own Principles : for they both agree ●o fetch the Original of Civil Government from the prime Government . No doubt but Moses's History of the Creation guided these two Philosophers in finding out of this Lineal Subjection deduced from the Laws of the First Parents , according to that Rule o● St. Chrysostom , God made all Mankind of One Man , that he might teach the World to be Governed by a King , and not by a Multitude . The Ignorance of the Creation , occasioned several Errors amongst the Heathen Philosophers . Polybius , though otherwise a most profound Philosopher and Judicious Historian , yet here he stumbles ; for in searching out the Original of Civil Societies , he conceited That Multitudes of Men after a Deluge a Famine , or a Pestilence , met together like Herds of Cattel without any Dependency , untill the strongest Bodies and boldest Minds got the Mastery of their Fellows ; even as it is ( saith he ) among Bulls , Bears and Cocks . And Aristotle himself , forgetting his first Doctrine , tells us , the first Heroica● Kings were chosen by the People for their deserving well of the Multitude either by teaching them some New Arts or by Warring for them , or by Gathering them together , or by Dividing Land amongst them ; also Aristotle had another ●ancy , that those Men who prove wise of Mind , were by Nature intended to be Lords , and Govern , and those which were Strong of Body were ordained to obey , and to be Servants . But this is a dangerous and uncertain Rule , and not without some Folly ; for if a man prove both Wise and Strong , what will Aristotle have done with him ? as he was Wise , he could be no ●ervant , and as he had Strength , he could not be a Master ; besides , to speak like a Philosopher , Nature intends all things to be perfect both in Wit and strength . The Folly or Imbecillity proceeds from some Errour in Generation ●r Education ; for Nature aims at Perfection in all her Works . ( 2 ) Suarez the Jesuite riseth up against the Royal Authority of Adam , ●● defence of the Freedom and Liberty of the people ; and thus argues . By ●ight of Creation ( saith he ) Adam had only Oeconomical power , but not Political ; he had a power over his Wife , and a Fatherly power over his Sons , whilst they were not made Free : he might also in process of Time have Servants and a Compleat Family ; and in that Family he might have compleat Oeconomical Power . But after that Families began to be multiplied , and Men to be separated , and become the Head of several Families ; they had the same power over their Families . But Political Power did not begin , until Families began to be gathered together into one perfect Community ; wherefore a● the Community did not begin by the Creation of Adam , nor by his Will alone but of all them which did agree in this Community : So we cannot say that Adam Naturally had Political Primacy in that Community ; for that cannot be gathered by any Natural Principles because by the Force of the Law o● Nature alone , it is not due unto an● Progenitor , to be also King of his Posterity . And if this be not gathered out of the Principles of Nature , w● cannot say , God by a special Gift o● Providence gave him this Power ; Fo● there is no Revelation of this , nor Testimony of Scripture . Hitherto Suarez Whereas he makes Adam to have a Fatherly power over his Sons , and yet shuts up this power within One Family , ●he seems either to imagine , that all Adam's Children lived within one House , and under one Roof with their Father ; or else , as soon as any of his Children ●ived out of his House , they ceased to be Subject , and did thereby become Free. For my part , I cannot believe that Adam ( although he were sole Monarch of the World ) had any such spacious Palace , as might contain any such Considerable part of his Children . It is ●ikelier , that some mean Cottage or Tent ●id serve him to keep his Court in . It were hard he should lose part of his Authority , because his Children lay not within the Walls of his House . But if Suarez will allow all Adam's Children to be of his Family , howsoever they were separate in Dwellings ; if their Ha●itations were either Contiguous , or ●t such Distance , as might easily receive ●is Fatherly Commands . And that all ●hat were under his Commands , were ●f his Family , although they had many Children or Servants married , having temselves also Children . Then I see no reason , but that we may call Adam's Family a Commonwealth , except we will wrangle about Words : For Adam living 930 years , and seeing 7 or 8 Descents from himself , he might live to command of his Children and their Posterity a Multitude far bigger , than many Commonwealths and Kingdoms . ( 3. ) I know the Politicians and Civil Lawyers do not agree well about the Definition of a Family , and Bodin doth seem in one place to confine it to a House ; yet in his Definition , he doth enlarge his meaning to all Persons under the Obedience of One and the Same Head of the Family ; and he approves better of the propriety of the Hebrew Word for a Family , which is derived from a Word that signifies a Head , a Prince , or Lord , than the Greek Word for a Family , which is derived from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which signifies a House . No● doth Aristotle confine a Family to One House ; but esteems it to be made of those that daily converse together whereas before him , Charondas called Family Homosypioi , those that feed together out of one common Pannier . And Epimenides the Cretian , terms a Family Homocapnoi , those that sit by a Common Fire , or Smoak . But let Suarez understand what he please by Adam's Family ; if he will but confess , as he needs must , that Adam and the Patriarchs had Absolute power of Life and Death , of Peace and War , and the like , within their Houses or Families ; he must give us leave at least , to call them Kings of their Houses or Families ; and if they be so by the Law of Nature , what Liberty will be left to their Children to dispose of ? Aristotle gives the Lie to Plato , and ●hose that say Political and Oeconomical ●ocieties are all one , and do not differ ●pecie , but only Multitudine & Pauci●te ; as if there were no difference betwixt a Great House and a Little City . All the Argument I find he brings against them in this . The Community of Man and Wise , ●iffers from the Community of Master and Servant , because they have several Ends. The Intention of Nature by Conjunction of Male and Female , is Generation ; but the Scope of Master and Servant , is Preservation : so that a Wife and a Servant are by Nature distinguished , because Nature does not work like the Cutlers of Delphos , for she makes but one thing for one Use . If we allow this Argument to be sound , nothing doth follow but only this , That Conjugal and Despotical communities do differ . But it is no consequence , That therefore , Oeconomical and Political Societies do the like : For though it prove a Family to consist of two distinct Communities , yet it follows not , that a Family and a Commonwealth are distinct because , as well in the Commonwealth as in the Families , both these Communities are found . And as this Argument comes not home to our Point , so it is not able to prove that Title which it shews for● for if it should be granted ( which ye● is false ) that Generation and Preservation differ about the Individuum , ye● they agree in the General , and serv● both for the Conservation of Mankind Even as several Servants differ in the particular Ends or Offices ; as one t● Brew , and another to Bake ; yet they agree in the general Preservation of th● Family . Besides , Aristotle confesses , that amongst the Barbarians ( as he calls all them that are not Grecians ) a Wife and a Servant are the same , because by Nature , no Barbarian is fit to Govern ; It is fit the Grecians should rule over the Barbarians ; for by Nature a Servant and a Barbarian is all one : their Family consists only of an Ox for a Man-Servant , and a Wife for a Maid ; so they are fit only to rule their Wives and their Beasts . Lastly , Aristotle ( if it had pleased him ) might have remembred , That Nature doth not always make one Thing but for one Use : he knows , the Tongue serves both to Speak , and to Taste . ( 4. ) But to leave Aristotle , and return to Suarez ; he saith that Adam had Fatherly Power over his Sons , whilst they were not made Free. Here I could wish that the Jesuite had taught as , how and when Sons become Free : ● know no means by the Law of Nature . It is the Favour I think of the Parents only , who when their Children are of Age and Discretion to ease their Parents of part of their Fatherly Care , are then content to remit some part of their Fatherly authority ; therefore the Custom of some Countreys doth in some Cases Enfranchise the Children of Inferiour Parents , but many Nations have no such Custome , but on the contrary have strict Laws for the Obedience of Children : the Judicial Law of Moses giveth full power to the Father to stone his disobedient Son , so it be done in presence of a Magistrate : And yet it did not belong to the Magistrate to enquire and examine the justness of the Cause : But it was so decreed , lest the Father should in his Anger , suddenly , or secretly kill his Son. Also by the Laws of the Persians , and of the People of the Upper Asia , and of the Gaules , and by the Laws of the West-Indies , the Parents have power of Life and Death over their Children . The Romans , even in their most Popular Estate , had this Law in force , and this Power of Parents was ratified and amplified by the Laws of the Twelve Tables , to the enabling of Parents to sell their Children two or three times over . By the help of the Fatherly Power , Rome long flourished , and oftentimes was freed from great Dangers . The Fathers have drawn out of the very Assemblies their own Sons ; when being Tribunes , they have published Laws tending to Sedition . Memorable is the Example of Cassius , who threw his Son headlong out of the Consistory , publishing the Law Agraria , for the Division of Lands , in the behoof of the people ; and afterwards , by his own private Judgment put him to Death , by throwing him down from the Tarpeian Rock ; the Magistrates and People standing thereat amazed , and not daring to resist his Fatherly Authority , although they would with all their Hearts , have had that Law for the Division of Land : by which it appears , it was lawful for the Father to dispose of the Life of his Child , contrary to the Will of the Magistrates or People . The Romans also had a Law , that what the Children got , was not their own , but their Fathers ; although Solon made a Law , which acquitted the Son from Nourishing of his Father , if his Father had taught him no Trade , whereby to get his Living . Suarez proceeds , and tells us , That in Process of Time , Adam had compleat Oeconomical Power . I know not what this compleat Oeconomical Power is , nor how , or what it doth really and essentially differ from Political : If Adam did , or might exercise the same Jurisdiction , which a King doth now in a Commonwealth , then the Kinds of Power are not distinct ; and though they may receive an Accidental Difference by the Amplitude , or Extent of the Bounds of the One beyond the Other ; yet since the like Difference is also found in Political Estates , It follows that Oeconomical and Political Power , differ no otherwise , than a Little Commonweal differs from a Great One. Next , saith Suarez , Commnnity did not begin at the Creation of Adam . It is true , because he had no body to Communicate with ; yet Community did presently follow his Creation , and that by his Will alone : for it was in his power only , ( who was Lord of All ) to appoint what his Sons should have in Proper , and what in Common ; so that Propriety and Community of Goods did follow Originally from Him ; and it is the Duty of a Father , to provide as well for the Common Good of his Children , as the Particular . Lastly , Suarez Concludes , That by the Law of Nature alone , it is not due unto any Progenitor , to be also King of his Posterity . This Assertion is confuted point-blank by Bellarmine , who expresly affirmeth , That the First Patents ought to have been Princes of their posterity . And untill Suarez bring some Reason for what he saith : I shall trust more to Bellarmine's Proofs , than to his Denials . ( 5. ) But let us Condescend a while to the Opinion of Bellarmine and Suarez , and all those , who place Supreme power in the Whole People ; and ask them of their meaning be , That there is but one and the same power in All the people of the World ; so that no power can be granted , except All the Men upon the Earth meet and agree , to choose a Governour . An Answer is here given by Suarez , That it is scarce possible , nor yet expedient , that All Men in the World should be gathered together into One Community : It is likelier , that either never , o● for a very short time , that this power was in this manner , in the whole Multitude of Men collected ; but a little after the Creation , men began to be divided into several Commonwealths ; and this distinct power was in Each o● them . This Answer of Scarce possible , no● yet Expedient : — It is likelier bege●● a new doubt , how this Distinct power comes to each particular Community when God gave it to the whole Multitude only , and not to any particular Assembly of Men. Can they shew , o● prove , that ever the whole Multitude met , and divided this power which God gave them in Gross , by breaking into parcels , and by appointing a distinct power to each several Common-wealth ? Without such a Compact I cannot see ( according to their own Principles ) how there can be any Election of a Magistrate by any Commonwealth but by a meer Usurpation upon the privilege of the whole World. If any think●s that particular Multitudes at their own Discretion , had power to divide themselves into several Commonwealths ; ●hose that think so , have neither Reason nor Proof for so thinking : and ●hereby a Gap is opened for every petty Factious Multitude , to raise a New Commonwealth , and to make more Commonweals than there be Families in the World. But let this also be yielded them , That in each particular Commonwealth , there is a Distinct Power in the Multitude . Was a General Meeting of a Whole Kingdom ever known for the Election of a Prince ? Is there any Example of it ever found in the Whole World ? To conceit such a thing , is to ●magine little less than an Impossibility . And so by Consequence , no one Form of Government , or King , was ever established according to this supposed Law of Nature . ( 6. ) It may be answered by some , That if either the Greatest part of a Kingdom , or if a smaller part only by Themselves , and all the Rest by Proxy , or if the part not concurring in Election , do after , by a Tacit Assent ratifie the Act of Others , That in all thes● Cases , it may be said to be the World of the whole Multitude . As to the Acts of the Major part o● a Multitude , it is true , that by Politic● Humane Constitutions , it is oft ordained , that the Voices of the most shall over-rule the B●est ; and such Ordinances bind , because , where Men are Assembled by an Humane Power ; that power that doth Assemble them , can also Limit and Direct the manner of the Execution of that Power , and by such Derivative Power , made known by Law or Custom , either the greater part or two Thirds , or Three parts of Five or the like , have power to oversway the Liberty of their Opposits . But in Assemblies that take their Authority from the Law of Nature , it cannot be so : for what Freedom or Liberty is due to any Man by the Law of Nature , no Inferiour Power can alter , limit or diminish● no One Man , nor a Multitude , can give away the Natural Right of another . The Law of Nature is unchangeable , and howsoever One Man may hinder Another in the Use or Exercise of his Natural Right , yet thereby No Man ●oseth the Right of it self ; for the Right ●nd the Use of the Right may be distinguished , as Right and Possession are ●oft distinct . Therefore , unless it can be proved by the Law of Nature , that the Major , or some other part , have Power ●o over-rule the Rest of the Multitude ; ●t must follow , that the Acts of Multitudes not Entire , are not Binding to All , but only to such as Consent unto them . ( 7. ) As to the point of Proxy ; it cannot be shewed or proved , That all those that have been Absent from Popular Elections , did ever give their Voices to some of their Fellows . I ask but one Example out of the History of the whole World , let the Commonweal be but named , wherever the Multitude , or so much as the Greatest part of it consented , either by Voice or by Procuration , to the Election of a Prince . The Ambition sometimes of One Man , sometimes of Many , or the Faction of a City or Citizens , or the Mutiny of an Army , hath set up or put down Princes ; but they have never tarried for this pretended Order by proceeding of the whole Multitude . Lastly , if the silent Acceptation o● a Governour by part of the People , be an Argument of their Concurring i● the Election of him ; by the same Reason , the Tacit Assent of the whole Commonwealth may be maintained : From whence it follows , that every Prince that comes to a Crown , either by Succession , Conquest , or Usurpation may be said to be Elected by the People ; which Inference is too ridiculous for in such Cases , the People are so far from the Liberty of Specification , that they want even that of Contradiction . ( 8. ) But it is in vain to argue against the Liberty of the People in the Election of Kings , as long as men are perswaded , that Examples of it are to be found in Scripture . It is fit therefore , to discover the Grounds of this Errour : It is plain by an Evident Text that it is one thing to choose a King , and another thing to set up a King over the People ; this latter power the Children of Israel had , but not the former . This Distinction is found most eviden● in Deut. 17. 15. where the Law of God saith , Him shalt thou set King over thee , whom ●●e Lord shall choose ; so God must Eli●e , and the People only do Constitu●e . Mr. Hooker in his Eighth Book ●f Ecclesiastical Policy , clearly expounds ●is Distinction ; the words are worthy ●●e citing : Heaps of Scripture ( saith he ) ●e alledged , concerning the Solemn Coro●●tion or Inauguration of Saul , David , So●mon and others , by Nobles , Ancients , and the people of the Commonwealth of Isr●el ; as if these Solemnities were a kind of Deed , whereby the Right of Dominion is given ; which strange , untrue , and unnatural conceits , are set abroad by ●ed-men of Rebellion , only to animate ●nquiet Spirits , and to feed them with ●ossibilities of Aspiring unto the Thrones , they can win the Hearts of the People ; whatsoever Hereditary Title any other before them may have . I say these ●njust and insolent Positions , I would ●ot mention , were it not thereby to make the Countenance of ●ruth more Orient . For unless we will openly proclaim Defiance unto all ●aw , Equity and Reason , we must ( for ●here is no other Remedy ) acknowledg , that in Kingdoms Hereditary , Birth-right giveth Right unto Sovereign Dominion , and the Death of the Predecesso● putteth the Successor by Blood in S●sin . Those publick Solemnities before mentioned , do either serve for an open Testification of the Inheritor's Right or belong to the Form of induci●● of him into possession of that thing ●● hath Right unto . This is Mr. Hooker Judgment of the Israelites Power t● set a King over themselves . No doubt but if the people of Israel had had power to choose their King , they would never have made Choice of Joas , a Child but of Seven years old , nor of Manases a Boy of Twelve ; since ( as Solomon saith ) Wo to the Land whose King a Child : Nor is it probable they would have elected Josias , but a very Child and a Son to so Wicked and Ido●trous a Father , as that his own Servants murthered him ; and yet all th● people set up this young Josias , an● slew the Conspirators of the Death o● Ammon his Father ; which Justice of the People , God rewarded , by making this Josias the most Religious King , tha● ever that Nation enjoyed . ( 9. ) Because it is affirmed , that ●e People have power to choose , as ●ell what Form of Government , as ●hat Governours they please ; of which mind is Bellarmine , in those ●aces we cited at first . Therefore it necessary to Examine the Strength ● what is said in Defence of popular Commonweals , against this Natural Form of Kingdoms , which I maintain'd . Here I must first put the ●ardinal in mind of what he affirms Cold Blood , in other places ; where saith , God when he made all Man●d of One Man , did seem openly to ●●nifie , that he rather approved the Go●●rnment of One Man , than of Many . ●●ain , God shewed his Opinion , ●●en he endued not only Men , but Creatures with a Natural Propensi●● to Monarchy ; neither can it be ●●ubted , but a Natural Propensity is be referred to God , who is Au●●or of Nature . And again ; in a ●●ird place , What Form of Government God confirmed by his Authori●● may be gathered by that Common●al , which he instituted amongst the Hebrews , which was not Aristocratical ( as Calvin saith ) but plainly Monarchichal . ( 10. ) Now if God , ( as Bellarmie saith ) hath taught us by Natural Instinct , signified to us by the Creation and confirmed by his own Example the Excellency of Monarchy , why should Bellarmine or We doubt , but that it is Natural ? Do we not find that in every Family , the Government of One Alone , is most Natural God did always Govern his own People by Monarchy only . The Patriarchs , Dukes , Judges and Kings we●● all Monarchs . There is not in all the Scripture , Mention or Approbation o● any other Form of Government . A● the time when Scripture saith , Th● was No King in Israel , but that eve● Man did that which was Right in ●● Own Eyes ; Even then , the Israelit●● were under the Kingly Government of the Fathers of particular Families For in the Consultation , after the Be● jamitical War , for providing Wives f●● the Benjamites , we find , the Elders ●● the Congregation bare only Swa●● Judges 21. 16. To them also were Complaints to be made , as appears by Verse 22. And though mention be made of All the Children of Israel , All the Congregation , and All the People ; yet by the Term of All , the Scripture means only All the Fathers , and not All the Whole Multitude , as the Text plainly expounds it self in 2. Chron. 1. 2. where Solomon speaks ●nto all Israel , to the Captains , the Judges , and to Every Governour the Chief of the Fathers ; so the Elders of Israel are expounded to be the Chief of the Fathers of the Children of Israel . 1 Kings 8. 12. 2 Chron. 5. 2. At that time also , when the People of Israel beg'd a King of Samuel , they were Governed by Kingly Power . God out of a special Love and Care to the House of Israel , did choose to be their King himself , and did govern them at that time by his Viceroy Samuel , and his ●ons ; and therefore God tells Samuel , They have not rejected Thee but Me , that ● should not Reign over them . It seems ●hey did not like a King by Deputation , but desired one by Succession , like all the Nations . All Nations belike had Kings then , and those by Inheritance , not by Election : for we do not find the Israelites prayed , that they themselves might choose their Own King ; they dream of no such Liberty , and yet they were the Elders of Israel gathered together . If other Nations had Elected their own Kings , no doubt but they would have been as desirous to have imitated Other Nations as well in the Electing , as in the Having of a King. Aristotle in his Book of Politicks when he comes to compare the several Kinds of Government , he is very reserved in discoursing what Form h● thinks Best : he disputes subtilely to and fro of many Points , and Judiciously of many Errours , but concludes nothing himself . In all those Books I find little Commendation of Monarchy . It was his Hap to live in those Times when the Grecians abounded with several Commonwealths , who had then Learning enough to make them seditious . Yet in his Ethicks , he hath so much good Manners , as to confess in right down words , That Monarchy is the Best Form of Government , and a Popular Estate the Worst . And though he be not so free in his Politicks , yet the Necessity of Truth hath here and there extorted from him , that which amounts no less to the Dignity of Monarchy ; he confesseth it to be First , the Natural , and the Divinest Form of Government ; and that the Gods themselves did live under a Monarchy . What can a Heathen say more ? Indeed , the World for a long time ●new no other sort of Government , out only Monarchy . The Best Order , the Greatest Strength , the Most Stability and Easiest Government , are to be found all in Monarchy , and in to other Form of Government . The New Platforms of Commonweals , were first hatched in a Corner of the World , amongst a few Cities of Greece , which have been imitated by very ●ew other laces . Those very Cities were first , for many years , governed by Kings , untill Wantonness , Ambition or Faction of the People , made them attempt New kinds of Regiment ; all which Mutations proved most Bloody and Miserable to the Authors of them ; happy in nothing , but that they continued but a small time . ( 11. ) A little to manifest the Imperfection of Popular Government , let us but examine the most Flourishing Democratie that the World hath ever known ; I mean that of Rome . First , for the Durability ; at the most , it lasted but 480 Years ( for so long it was from the Expulsion of Tarquin , to Julius Caesar . ) Whereas both the Assyrian Monarchy lasted , without Interruption , at the least twelve hundred years , and the Empire of the East continued 1495 Years . 2. For the Order of it , during these 480 years , there was not any One settled Form of Government in Rome : for after they had once lost the Natural Power of Kings , they could not find upon what Form of Government to rest : their Fickleness is an Evidence that they found things amiss in every Change. At the First they chose two Annual Consuls instead of Kings . Secondly , those did not please them long , but they must have Tribunes of the People to defend their Liberty . Thirdly , they leave Tribunes and Consuls , and choose them Ten Men to make them Laws . Fourthly , they call for Consuls and Tribunes again : sometimes they choose Dictators , which were Temporary Kings , and sometimes Military Tribunes , who had Consular Power . All these shiftings caused such notable Alteration in the Government , as it passeth Historians to find out any Perfect Form of Regiment in so much Confusion : One while the Senate made Laws , another while the People . The Dissentions which were daily between the Nobles and the Commons , bred those memorable Seditions about Usury , about Marriages , and about Magistracy . Also the Graecian , the Apulian , and the Drusian Seditions , filled the Market-places , the Temples , and the Capitol it self , with Blood of the Citizens ; the Social War was plainly Civil ; the Wars of the Slaves , and the other of the Fencers ; the Civil Wars of Marius and Sylla , of Cataline , of Caesar and Pompey the Triumvirate , of Augustus , Lepidus and Antonius : All these shed an Ocean of Blood within Italy and the Streets of Rome . Thirdly , for their Government , let it be allowed , that for some part of this time it was Popular , yet it was Popular as to the City of Rome only , and not as to the Dominions , or whole Empire of Rome ; for no Democratie can extend further than to One City . It is impossible to Govern a Kingdom , much less many Kingdoms by the whole People , or by the Greatest Part of them . ( 12. ) But you will say , yet the Roman Empire grew all up under this kind of Popular Government , and the City became Mistress of the World. It is not so ; for Rome began her Empire under Kings , and did perfect it under Emperours ; it did only encrease under that Popularity : Her ●reatest Exaltation was under Trajan , ●s her longest Peace had been under Augustus . Even at those times , when the Roman Victories abroad , did amaze the World , then the Tragical Slaughter of Citizens at home , deserved Commiseration from their vanquished Enemies . What though in that Age of her Popularity , she bred many admired Captains and Commanders ( each of which was able to lead an Army , ●ough many of them were but ill re●●ited by the People ? ) yet all of them ●ere not able to support her in times 〈◊〉 Danger ; but she was forced in her ●●eatest Troubles to create a Dictator who was a King for a time ) thereby giving this Honourable Testimony of Monarchy , that the last Refuge in Perils of States , is to fly to Regal Authority . And though Romes Popular Estate for a while was miraculou●●●● upheld in Glory by a greater Prud●nce than her own ; yet in a short time , after manifold Alterations , she was ruined by her Own Hands . Suis & ipsa Roma viribus ruit : For the Arms she had prepared to conquer other Nations , were turned upon her Self , and Civil Contentions at last settled the Government again into a Monarchy . ( 13. ) The Vulgar Opinion is , tha● the first Cause why the Democratical Government was brought in , was to curb the Tyranny of Monarchies . But the Falshood of this doth best appear by the first Flourishing Popular Estate of Athens which was founded , not because o● the Vices of their last King , but that his Vertuous Deserts were such as th● people thought no man Worthy ●nough to succeed him ; a pretty wa●ton Quarrel to Monarchy ! For whe● their King Codrus understood by th● Oracle , that his Country could not be saved , unless the King were slain i● the Battel : He in Disguise entered hi● Enemies Camp , and provoked a Common Souldier to make him a Sacrifice for his own Kingdom , and with his Death ended the Royal Government ; for after him was never and more Kings of Athens . As Athens thus or Love of her Codrus , changed the Government , so Rome on the contrary , out of Hatred to her Tarquin , ●d the like . And though these two famous Commonweals did for contrary ●uses abolish Monarchy , yet they both agreed in this , that neither of them thought it fit to change their State to a Democratie : but the one chose ●●chontes , and the other Consuls to ● their Governours ; both which did ●ost resemble Kings , and continued , ●●till the People by lessening the Authority of these their Magistrates , did ● degrees and stealth bring in their ●opular Government . And I verily be●●●ve , never any Democratical State ●ewed it self at first fairly to the ●orld by any Elective Entrance , but ●ey all secretly crept in by the Back●●or of Sedition and Faction . ( 14. ) If we will listen to the Judgment of those who should best know ●e Nature of Popular Government , ● shall find no reason for good men desire or choose it . Zenophon that brave Scholar and Souldier disallowed the Athenian Commonweal , for that they followed that Form of Government wherein the Wicked are always in greatest Credit , and Vertuous men kept under . They expelled A●ristides the Just ; Themistocles died i● Banishment ; Meltiades in Prison Phocion the most virtuous and just man of his Age , though he had been chosen forty five times to be their General , yet he was put to Death with all his Friends , Kindred and Servants , by the Fury of the People , without Sentence , Accusation , or any Cause at all . Nor were the People of Rome much more favourable to their Worthies ; they banished Rutilius , Metellus , Coriolanus , the Two Scipio's and Tully● the worst men sped best ; for as Znophon saith of Athens , so Rome was a Sanctuary for all Turbulent , Discontented and Seditious Spirits . The Impunity of Wicked men was such , that upon pain of Death , it was forbidden all Magistrates to Condemn to Death , or Banish any Citizen , o● to deprive him of his Liberty , or so much as to whip him for what Offence ever he had committed , either against ●e Gods or Men. The Athenians sold Justice as they ●d other Merchandise ; which made ●lato call a Popular Estate a Fair , here every thing is to be sold . The ●fficers when they entered upon their ●harge , would brag , they went to a ●olden Harvest . The Corruption of ●ome was such , that Marius and Pompey durst carry Bushels of Silver to the Assemblies , to purchase the ●oices of the People . Many Citizens ●der their Grave Gowns , came Arm● into the Publick Meetings , as if ●●ey went to War. Often contrary ●ctions fell to Blows , sometimes with ●ones , and sometimes with Swords ; ●e Blood hath been suckt up in the ●arket Places with Spunges ; the Ri●●r Tiber hath been filled with the ●ead Bodies of the Citizens , and the ●●mmon Privies stuffed full with them . If any man think these Disorders Popular States were but Casual , such as might happen under any ●nd of Government , he must know , that such Mischiefs are Unavoidable , and of necessity do follow a●● Democratical Regiments ; and the Reason is given , because the Nature of all People is , to desire Liberty without Restraint , which cannot b● but where the Wicked bear Rule● and if the People should be so indiscreet , as to advance Vertuous Men they lose their Power : For that Good Men would favour none but the Good , which are always the fewer in Number ; and the Wicked and Vitious ( which is still the Greate● Part of the People ) should be excluded from all Preferment , and i● the End , by little and little , Wise men should seize upon the State , and take it from the People . I know not how to give a better Character of the People , than can be gathered from such Authors as lived Amongst or Near the Popular States ; Thucydides , Zenophon , Liv●● Tacitus , Cicero , and Salust , have set them out in their Colours . I will borrow some of their Sentences : There is nothing more uncertain than the People ; their Opinions are as variable and suddain as Tempests ; there is neither Truth nor Judgment in them ; they are not led by Wisdom to judg of any thing , but by Violence and Rashness ; nor put they any Difference between things True and False . After the manner of Cattel , they follow the Herd that goes before ; they have a Custom always to favour the Worst and Weakest ; they are most prone to Suspitions , and use to Condemn men for Guilty upon any false Suggestion ; they are apt to believe all News , especially if it be sorrowful ; and like Fame , they make it more in the Believing ; when there is no Author , they fear those Evils which themselves have feigned ; they are most desirous of New Stirrs and Changes , and are Enemies to Qui●et and Rest ; whatsoever is Giddy or Head-strong , they account Manlike and Couragious ; but whatsoever is Modest or provident , seems sluggish ; each man hath a Care of his Particular , and thinks basely ●● the Common Good ; they look upon Approaching Mischiefs as the● do upon Thunder , only every ma● wisheth it may not touch his own Person ; it is the Nature of the● they must Serve basely , or Dom●neer proudly ; for they know ●● Mean. Thus do they paint to the Life this Beast with many Head● Let me give you the Cypher ●● their Form of Government ; As it ●● begot by Sedition , so it is nourished by Arms : It can never stand without Wars , either with an Enemy abroad or with Friends at Home . The only Means to preserve it , is , to have some powerful Enemies near , who ma● serve instead of a King to Govern it , that so , though they have not King amongst them , yet they may have as good as a King Over them : For the Common Danger of an Enem● keeps them in better Unity , tha● the Laws they make themselves . ( 15 ) Many have exercised their Wits in parallelling the Inconveniences ●f Regal and Popular Government , but we will trust Experience before Speculations Philosophical , it cannot be ●nyed but this one Mischief of Sedition ●hich necessarily waits upon all Populari●● , weighes down all the Inconveniences ●●at can be found in Monarchy , though ●●ey were never so many . It is said , ●●in for Skin , yea , all that a man hath ●ill he give for his Life ; and a man ●ill give his Riches for the ransome of ●s Life . The way then to examine what ●roportion the mischiefs of Sedition ●nd Tyranny have one to another , is ●● enquire in what kind of Government ●ost Subjects have lost their Lives : ●et Rome which is magnified for her Popularity , and vilified for the Tyrannical Monsters the Emperours , furnish us with Examples . Consider-whether the ●ruelty of all the Tyrannical Emperours ●●at ever ruled in this City did ever ●ill a quarter of the Blood that was pour● out in the last hundred years of her ●orious Common wealth . The Murthers by Tyberius , Domitian , and Commodus , ●ut all together , cannot match that Civil Tragedy which was acted in that one Sedition between Marius and Sylla , nay , even by Sylla's part alone ( not to mention the Acts of Marius ) were fourscore and ten Senators put to death , fifteen Consuls , two thousand and six hundred Gentlemen , and a hundred thousand others . This was the Heighth of the Roman Liberty : Any Man might be killed that would . A favour not fit to be granted under a Royal Government . The Miseries of those Licentious Times are briefly touched by Plutarch in these Words . Sylla ( saith he ) fell to sheding of Bloud , and filled all Rome with infinite and unspeakable Murthers — This was not only done in Rome , but in all the Cities of Italy throughout , there was no Temple of any God whatsoever , n● Altar in any bodies House , no Liberty of Hospital , no Fathers House , which was not embrewed with Blood , and horrible Murthers , the Husbands were slain in the Wives Armes , and the Children i● the Mothers Laps ; and yet they tha● were Slain for private Malice were no nothing in respect of those that were Murthered only for their Goods — ●e openly Sold their Goods by the ●ryer , sitting so proudly in his Chair of ●ate , that it grieved the People more see their goods packt up by them to ●hom he gave , or disposed them , than see them taken away . Sometimes he ●ould give a whole Countrey , or the ●hole Revenues of certain Cities , unto ●omen for their Beauties , or to plea●t Jeasters , Minstrels , or wicked ●ves , made free . And to some he ●ould give other mens VVives by force , ●d make them be Married against their ●lls . Now let Tacitus and Suetonius be ●rched , and see if all their Cruel Em●rours can match this Popular Villa●● in such an Universal Slaughter of Ci●ens , or Civil Butchery . God only ●s able to match him , and over-match●him , by fitting him with a most re●●rkable Death , just answerable to his ●●e , for as he had been the Death of ●ny thousands of his Country-men , so many thousands of his own Kindred the flesh were the Death of him , for ●died of an Impostume , which corrupt●● his Flesh in such sort , that it turned to Lice , he had many about him to Shift him continually Night and Day ; yet the Lice they wiped from him , were nothing to them that multiplied upon him , there was neither Apparel , Linnen , Bathes , VVashings , nor meat it self , but was presently filled with Swarms of this vile Vermine . I cite not this to extenuate the Bloody Acts of any Tyrannical Princes , nor will I plead in Defence of their Cruelties : Only in the Comparative , I maintain the Mischiefs to a State to be less Universal under a Tyrant King ; for the Cruelty of such Tyrants extends ordinarily no further then to some Particular Men that offend him and not to the whole Kingdome : It is truly said by his late Majesty King James , a King can never be so notoriously Vitious , but he will generally favour Justice , and maintain some Order except in the particulars wherein his i● ordinate Lust carries him away . Eve● cruel Domitian , Dionysius the Tyrant , an● many others , are commended by Historians for great Observers of Justice : ● natural Reason is to be rendered for i● It is the Multitude of People , and the abundance of their Riches , which are th●● only Strength and Glory of eve● Prince : The Bodies of his Subjects do him Service in VVar , and their Goods supply his present wants , therefore if not out of Affection to his people , yet out of Natural Love to Himself , every Tyrant desires to preserve the Lives , and protect the Goods of his Subjects , which cannot be done but by Justice , and if it be not done , the Princes Loss is the greatest ; on the contrary , in a Popular State , every man knows the publick good doth not depend wholly on his Care , but the Common-wealth may well enough be governed by others though he tend only his Private Benefit , ●he never takes the Publick to be his Own Business ; thus as in a Family , where one Office is to be done by many Servants , one looks upon another , and every one leaves the Business for his Fellow , until it is quite neglected by all ; nor are they much to be blamed for their Negligence , since it is an even Wager , their Ignorance is as great : For Magistrates among the People , being for the most part Annual , do always lay down their Office before they understand it ; so that a Prince of a Duller understanding , by Use and Experience must needs excell them ; again , there is no Tyrant so barbarously Wicked , but his own reason and sense will tell him , that though he be a God , yet he must dye like a Man ; and that there is not the Meanest of his Subjects but may find a means to revenge himself of the Injustice that is offered him : hence it is that great Tyrants live continually in base fears , as did Dionysius the Elder ; Tiberius , Caligula , and Nero are noted by Suetonius to have been frighted with Panick fears . But it is not so , where wrong is done to any Particular Person by a Multitude , he knows not who hurt him , or who to complain of , or to whom to address himself for reparation . Any man may boldly exercise his Malice and Cruelty in all Popular Assemblies . There is no Tyranny to be compared to the Tyranny of a Multitude . ( 16 ) What though the Government of the People be a thing not to be endured , much less defended , yet many men please themselves with an Opininion , that though the People may not Govern ; yet they may partake and joyn with a King in the Government , and so make a State mixed of Popular and Regal power , which they take to be the best tempered and equallest Form of Government . But the vanity of this Fancy is too evident , it is a meer Impossibility or Contradiction , for if a King but once admit the People to be his Companions , he leaves to be a King , and the State becomes a Democracy ; at least , he is but a Titular and no Real King , that hath not the Soveraignty to Himself ; for the having of this alone , and nothing but this makes a King to be a King. As for that Shew of Popularity which is found in such Kingdoms ●s have General Assemblies for Consultation about making Publick Laws : It must be remembred that such Meetings ●o not Share or divide the Soveraignty with the Prince : but do only deliberate and advise their Supreme Head , who ●ill reserves the Absolute power in ●imself ; for if in such Assemblies , the ●ing , the Nobility , and People have ●ual Shares in the Soveraignty , then ●e King hath but one Voice , the No●lity likewise one , and the People one , ●●d then any two of these Voices should have Power to over-rule the third ; thus the Nobility and Commons together should have Power to make a Law to bind the King , which was never yet seen in any Kingdom , but if it could , the State must needs be Popular and not Regal . ( 17 ) If it be Unnatural for the Multitude to chuse their Governours , or to Govern , or to partake in the Government , what can be thought of that damnable Conclusion which is made by too many , that the Multitude may Correct , or Depose their Prince , if need be Surely the Unnaturalness , and Injustice of this Position cannot sufficiently be expressed : For admit that a King make a Contract or Paction with his people , either Originally in his Ancestors , or personally at his Coronation ( for both these Pactions some dream of , but cannot offer any proof for either ) yet by no Law of any Nation can a Contract be thought broken , except that first a Lawful Tryal be had by the Ordinary Judge of the Breakers thereof , or else every Man may be both Party and Judge i● his own case , which is absur'd once to be thought , for then it will lye in the hands of the headless Multitude when they please to cast off the Yoke of Government ( that God hath laid upon them ) to judge and punish him , by whom they should be Judged and punished themselves . Aristotle can tell us , what Judges the Multitude are in their own case , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , The Judgment of the Multitude in Disposing of the Soveraignty may be seen in the Roman History , where we may find many good Emperours Murthered by the People , and many bad Elected by them : Nero , Heliogabalus , Otho , Vitellius , and such other Monsters of Nature , were the Minions of the Multitude , and set up by them : Pertinax , Alexander , Severus , Gordianus , Gallus Emilianus , Quintilius , Aurelianus , Tacitus , Probus , and Numerianus ; all of them good Emperours in the Judgment of all Historians , yet Murthered by the Multitude . ( 18 ) Whereas many out of an imaginary Fear pretend the power of the people to be necessary for the repressing of the Insolencies of Tyrants ; wherein they propound a Remedy far worse than the Disease , neither is the Disease indeed so frequent as they would have us think , Let us be judged by the History even of our own Nation : We have enjoyed a Succession of Kings from the Conquest now for above 600 years ( a time far longer than ever yet any Popular State could continue ) we reckon to the Number of twenty six of these Princes since the Norman Race , and yet not one of these is taxed by our Historians for Tyrannical Government . It is true , two of these Kings have been Deposed by the people , and barbarously Murthered , but neither of them for Tyranny : For as a learned Historian of our Age saith , Edward the Second and Richard the Second were not insupportable either in their Nature or Rule , and yet the people , more upon Wantonness than for any Want , did take an unbridled Course against them . Edward the second , by many of our Historians is reported to be of a Good and Vertuous Nature , and not Unlearned : they impute his defects rather to Fortune than either to Council or Carriage of his Affairs , the Deposition of him was a violent Fury , led by a Wife both Cruel and unchast , and can with no better Countenance of Right be justifyed , than may his lamentable both Indignities and Death it self . Likewise the Deposition of King Richard II , was a tempestuous Rage , neither Led or Restrained by any Rules of Reason or of State — Examin his Actions without a distempered Judgment , and you will not Condemne him to be exceeding either Insufficient or Evil ; weigh the Imputations that were objected against him , and you shall find nothing ●●ither of any Truth or of great moment ; Hollingshed writeth , That he was most Unthankfully used by his Subjects ; for although , through the frailty of his Youth , he demeaned himself more dissolutely than was agreeable to the Royalty of his Estate , yet in no Kings Days were the Commons in greater Wealth , the Nobility more honoured , and the Clergy less wronged ; who notwithstanding , in the Evil guided Strength of their will , took head against him , to their own headlong destruction afterwards ; partly during the Reign of Henry , his next Successor , whose greatest Atchievements were against his own People , in Executing those who Conspired with him against King Richard : But more especially in succeeding times , when , upon occasion of this Disorder , more English Blood was spent , than was in all the Foreign Wars together which have been since the Conquest . Twice hath this Kingdom been miserably wasted with Civil War , but neither of them occasioned by the Tyranny of any Prince . The Cause of the Baron's Wars is by good Historians attributed to the stubbornness of the Nobility , as the Bloody variance of the Houses of York and Lancaster , and the late Rebellion , sprung from the Wantonness of the People . These three Unnatural Wars have dishonoured our Nation amongst Strangers , so that in the Censures of Kingdoms , the King of Spain is said to be the King of Men , because of his Subjects willing Obedience ; the King of France King of Asses , because of their infinite Taxes and Impositions ; but the King of England is said to be the King of Devils , because of his Subjects often Insurrections against , and Depositions of their Princes . CHAP. III. Positive Laws do not infringe the Natural and Fatherly Power of Kings . ( 1. ) REgal Authority not subject to the Positive Laws , Kings before Laws ; the King of Judah and Israel not tyed to Laws . ( 2. ) Of Samuel 's Description of a King , 1 Sam. 8. ( 3. ) The Power ascribed unto Kings in the New Testament . ( 4. ) Whether Laws were invented to bridle Tyrants . ( 5. ) The Benefit of Laws . ( 6. ) Kings keep the Laws , though not bound by the Laws . ( 7. ) Of the Oathes of Kings . ( 8. ) Of the Benefit of the King's Prerogative over Laws . ( 9. ) The King the Author , the Interpreter , and Corrector , of the Common Laws . ( 10. ) The King , Judge in all Causes both before the Conquest and since . ( 11. ) The King and his Council have anciently determined Causes in the Star-Chamber . ( 12. ) Of Parliaments . ( 13. ) When the People were first called to Parliament . ( 14. ) The Liberty of Parliaments , not from Nature , but from Grace of the Princes . ( 15. ) The King alone makes Laws in Parliament . ( 16. ) Governs both Houses as Head by himself . ( 17. ) By his Council . ( 18. ) By his Judges . ( 1. ) HItherto I have endeavour'd to shew the Natural Institution of Regal Authority , and to free it from Subjection to an Arbitrary Election of the People : It is necessary also to enquire whether Humane Laws have a Superiority over Princes ; because those that maintain the Acquisition of Royal Jurisdiction from the people , do subject the Exercise of it to Positive Laws . But in this also they Erre , for as Kingly Power is by the Law of God , so it hath no inferiour Law to limit it . The Father of a Family Governs by no other Law than by his own Will ; not by the Laws and Wills of his Sons or Servants . There is no Nation that allows Children any Action or Remedy for being unjustly Governed ; and yet or all this every Father is bound by the ●aw of Nature to do his best for the pre●ervation of his Family ; but much more ● a King always tyed by the same Law of Nature to keep this general ground , That the safety of the Kingdom be his ●hief Law : He must remember , That he profit of every man in particular , and of all together in general , is not always One and the same ; and that the Publick is to be preferred before the Private ; ●nd that the force of Laws must not be ● great as Natural Equity it self , which ●nnot fully be comprised in any Laws ●hatsoever , but is to be left to the Re●●gious Atchievement of those who ●●ow how to manage the Affaires of ●tate , and wisely to Ballance the particular profit with the Counterpoize of ●e Publick , according to the infinite Va●ety of Times , Places , Persons ; a proof ●nanswerable , for the Superiority of Princes above Laws , is this , That there were ●ings long before there were any Laws : or a long time the Word of a King ●as the only Law ; and if Practice ( as ●●th Sir Walter Raleigh ) declare the ●eatness of Authority , even the best Kings of Judah and Israel were not tyed to any Law ; but they did what-soever they pleased , in the greatest matters . ( 2 ) The Unlimitted Jurisdiction of Kings is so amply described by Samuel , that it hath given Occasion to some to Imagine , that it was , but either a Plot or Trick of Samuel to keep the Government himself and Family , by frighting the Israelites with the mischiefs in Monarchy , or else a prophetical Description only of the future III Government of Saul : But the Vanity of these Conjectures are judiciously discovered in that Majestical Discourse of the true Law of free Monarchy ; Wherein it is evidently shewed , that the scope of Samuel was to teach the People a dutiful Obedience to their King , even in those things which themselves did esteem Mischievous and Inconvenient ; For by telling them what a King would do , he indeed instructs them what a Subject must Suffer ; yet not so that it is Right for Kings to do Injury , but it is Right for them to go Unpunished by the People if they do it : So that in this point it is all one , whether Samuel describe a King , or a Tyrant , for Patient Obedience is due to both ; ●ho Remedy in the Text against Tyrants , but in Crying and praying unto God in that Day . But howsoever in a Rigorous Construction Samuel's description be applyed to a Tyrant ; yet the Words by a Benigne Interpretation may agree with the manners of a Just King ; and the Scope and Coherence of the Text doth best imply the more Moderate , or Qualified Sense of the Words ; for as Sir W. Raleigh confesses , all those Inconveniences and Miseries which are reckon●ed by Samuel as belonging to Kingly Government were not Intollerable , but such as have been born , and are still born , by free Consent of Subjects towards their Princes ; Nay at this day , and in this Land , many Tenants by their Tenures and Services are tyed to the same Subjection , even to Subordinate and ●nferior Lords : To serve the King in his Wars , and to till his ground , is not only agreeable to the Nature of Subjects , but much desired by them ; according to their several Births , and Conditions : The like may be said for the Offices of Women-Servants , Confectioners , Cooks , and Bakers , for we cannot think that the King would use their Labours without giving them Wages , since the Text it self mentions a Liberal reward of his Servants . As for the taking of the Tenth of their Seed , of their Vines , and of their Sheep , it might be a necessary Provision for their Kings Household , and so belong to the Right of Tribute : For whereas is mentioned the taking of the Tenth it cannot agree well to a Tyrant , who observes no Proportion , in fleecing his People . Lastly , The taking of their Fields Vineyards , and Olive-trees , if it be by Force or Fraud , or without just Recompence , to the Dammage of Private Persons only , it is not to be defended but if it be upon the publick Charge and General Consent , it might be justifyed , as necessary at the first Erects on of a Kingdome ; For those who wi●● have a King , are bound to allow hi● Royal maintenance , by providing Revenues for the CROWN , Since it both for the Honour , Profit and Safety too of the People to have their King Glorious , Powerful , and abounding in ●iches , besides we all know the Lands ●nd Goods of many Subjects may be oft●mes Legally taken by the King , either ●y Forfeitures , Escheat , Attainder , Out●wry , Confiscation , or the like . ●hus we see Samuel's Character of a ●ng may literally well bear a mild ●nse , for greater probability there is at Samuel so meant , and the Israelites understood it ; to which this may be ●ded , that Samuel tells the Israelites , ●s will be the manner of the King that ●ll Reign over you : And Ye shall ●● because of your King which Ye shall ●e chosen you ; that is to say : Thus ●●ll be the common Custom or Fashi● or Proceeding of Saul your King ; as the Vulgar Latine renders it , this ●l be the Right or Law of your King ; ● meaning as some expound it , the ●●al Event , or Act of some individu●●agum , or indefinite King , that might ●en one day to Tyrannise over them . ●hat Saul , and the Constant practice Saul , doth best agree with the Lite● Sense of the Text. Now that Saul ●no Tyrant , we may note that the ●le asked a King , as All Nations had . God answers , and bids Samuel to hear the Voice of the People , in all things which they spake , and appoint them a King. They did not ask a Tyrant , and to give them a Tyrant , when they asked a King , had not been to hear their Voice in all things but rather when they asked an Egge , to have given them a Scorpion : Unless we will say , that all Nations had Tyrant● Besides , we do not find in all Scripture that Saul was Punished , or so much a● Blamed , for committing any of tho●● Acts which Samuel describes : and if S●muel's drift had been only to terrifie th● People , he would not have forgott● to foretell Saul's bloody Cruelty , ●● Murthering 85 innocent Priests , a● smiteing with the Edge of the Swo● the City of Nob , both Man , Woman and Child . Again , the Israelites ne● shrank at these Conditions proposed b● Samuel , but accepted of them , as such ●● all other Nations were bound u●● For their Conclusion is , Nay , but we ●● have a King over Us , that We also may ●● like all the Nations , and that Our K●●● may Judge us , and go out before us to ●● our Battels . Meaning he should ●● his Privileges , by doing the work ●● them , by Judging them , and Fighting for them . Lastly , Whereas the mention of the Peoples Crying unto the Lord , argues they should be under some Tyrannical Oppression ; we may remember , that the Peoples Complaints and Cries are not always an Argument ●f their Living under a Tyrant . No man can say King Solomon was a Tyrant , yet all the Congregation of Israel complain'd that Solomon made their Yoke grievous , and therefore their Prayer to ●ehoboam is , Make thou the grievous Ser●ice of thy Father Solomon , and his hea●y Yoke which he put upon us , lighter , and ●e will serve thee . To conclude , it is ●rue , Saul lost his Kingdom , but not ●or being too Cruel or Tyrannical to his ●ubjects , but by being too Merciful to ●is Enemies ; his sparing Agag when he ●hould have slain him , was the Cause why the Kingdom was torn from him . ( 3. ) If any desire the direction of the New Testament , he may find our Saviour limiting and distinguishing Royal ●ower , By giving to Caesar those things ●at were Caesar 's , and to God those things that were God's . Obediendum est in quibus mandatum Dei non impeditur . We must obey where the Commandment of God is not hindred ; there is no other Law but Gods Law to hinder our Obedience . It was the Answer of a Christian to the Emperour , We only worship God , in other things we gladly serve you And it seems Tertullian thought whatsoever was not God's was the Emperours when he saith , Bene opposuit Caesari pecuniam , te ipsum Deo , alioqui quid erit Deisi omnia Caesaris . Our Saviour hath well apportioned our Money for Coesar and our selves for God , for otherwise what shall God's share be , if all be Coesar's The Fathers mention no Reservation of any Power to the Laws of the Land , or to the People . S. Ambrose , in his Apologie for David , expresly saith He was a King , and therefore bound to no Laws , because Kings are free from the Bonds of any Fault . S. Augustine also resolves , Imperator non est subjectus Leg● bus , qui habet in potestate alias Leges ferr● The Emperour is not subject to Laws who hath Power to make other Laws For indeed , it is the Rule of Solomon , that We must keep the King's Commandment and not to say , What dost Thou ? because Where the Word of a King is , there is Power , and All that he pleaseth , he will do . If any mislike this Divinity in England , let him but hearken to Bracton , Chief Justice in Henry the Third's days , which was since the Institution of Parliaments , his words are , speaking of the ●ing , Omnes sub Eo , & Ipse sub nullo , ●●si tantum sub Deo , &c. All are under ●m , and he under none , but God on●● : If he offend , since no Writ can go ●ainst him , their Remedy is by Peti●ning him to amend his Fault , which he shall not do , it will be Punishment sufficient for him to expect God as Revenger : Let none presume to Search to his Deeds , much less to Oppose ●●em . When the Jews asked our Blessed Sa●ur , whether they should pay Tri●e ? he did not first demand what the ●w of the Land was , or whether there ●● any Statute against it , nor enquired ●ether the Tribute were given by ●●nsent of the people , nor advised ●● to stay their payment till they should grant it ; he did no more but look upon the Superscription , and concluded , This Image you say is Caesar's , therefore give it to Caesar . Nor must it here be said , that Christ taught this Lesson only to the conquered Jews , for in this he gave direction for all Nations , who are bound as much in Obedience to their Lawful Kings , as to any Conquerour or Usurper whatsoever . Whereas being subject to the Higher Powers , some have strained these word to signifie the Laws of the Land , or else to mean the Highest Power , as well Aristocratical and Democratical , as Regal It seems S. Paul looked for such Interpretation , and therefore thought fit to be his own Expositor , and to let it be known , that by Power he understood Monarch that carryed a Sword : Wi●● thou not be afraid of the Power ? that i● the Ruler that carryeth the Sword , fo● he is the Minister of God to thee — ●● he beareth not the Sword in vain . It not the Law that is the Minister of God or that carries the Sword , but the R●ler or Magistrate ; so they that say th●● Law governs the Kingdom , may as we●● say that the Carpenters Rule builds an House , and not the Carpenter ; for the Law is but the Rule or Instrument of the Ruler . And S. Paul concludes ; for this cause pay you tribute also , for they are Gods Ministers attending continually upon this very thing . Render therefore Tribute to whom Tribute is due , Custom to whom Custom . He doth not say , give as a gift to Gods Minister . But 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Render or Restore Tribute , as a due . Also St. Peter doth most clearly expound this place of St. Paul , where he saith , Submit your selves to every Ordinance of Man , for the Lords sake , whether it be to the King as Supreme , or unto Governours , as unto them that are sent by him . Here the very self same Word ( Supreme , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) which St. Paul coupleth with Power , St. Peter conjoineth with the King , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , thereby to maniest that King and Power are both one . Also St. Peter expounds his own Words of Humane Ordinance , to be the King , who is the Lex Loquens , a Speaking Law ; he cannot mean that Kings themselves are an human Ordinance , since St. Paul calls the Supreme Power , The Ordinance of God ; and the Wisdom of God saith , By me Kings Reign : But his meaning must be , that the Laws of Kings are Human Ordinances . Next , the Governours that are sent by him ; that is by the King , not by God , as some corruptly would wrest the Text , to justifie Popular Governours as authorized by God , whereas in Gramatical Construction [ Him ] the Relative must be referred to the next Antecedent , which is King ; Besides , the Antithesis between Supreme and Sent , proves plainly that the Governours were sent by Kings ; for if the Governours were sent by God , and the King be an Humane Ordinance , then it follows , that the Governours were Supreme , and not the King ; Or if it be said , that both King and Governours are sent by God , then they are both equal , and so neither of them Supreme . Therefore St. Peter's meaning is in short , obey the Laws of the King , or of his Ministers . By which it is evident , that neither St. Peter , nor S. Paul , intended other-Form of Government than only Monarchical , much less any Subjecton of Princes to Humane Laws . That familiar distinction of the Schoolmen , whereby they Subject Kings to the Directive , but not to the Coactive Power of Laws , is a Confession that Kings are not bound by the Positive Laws of any Nation : Since the Compulsory Power of Laws is that which properly makes Laws to be Laws ; by binding men by Rewards or Punishment to Obedience ; whereas the Direction of the Law , is but like the advice and direction which the Kings Council gives the King , which no man says is a Law to the King. ( 4 ) There want not those who Believe that the first invention of Laws was to Bridle and moderate the over-great Power of Kings ; but the truth is , the Original of Laws was for the keeping of the Multitude in Order : Popular Estates could not Subsist at all without Laws ; whereas Kingdoms were Govern'd many Ages without them . The People of Athens , as soon as they gave over Kings , were forced to give Power to Draco first , then to Solon , to make them Laws , not to bridle Kings , but themselves ; and though many of their Laws were very Severe and Bloody , yet for the Reverence they bare to their Law-makers they willingly submitted to them . Nor did the People give any Limited Power to Solon , but an Absolute Jurisdiction , at his pleasure to Abrogate and Confirm what he thought fit ; the People never challenging any such Power to themselves : So the People of Rome gave to the Ten Men , who were to chuse and correct their Laws for the Twelve Tables , an Absolute Power , without any Appeal to the people . ( 5. ) The reason why Laws have been also made by Kings , was this , when Kings were either busyed with Wars , or distracted with Publick Cares , so that every private man could not have accesse to their persons , to learn their Wills and Pleasure ; then of necessity were Laws invented , that so every particular Subject might find his Prince's Pleasure decyphered unto him in the Tables of his Laws , that so there might be no need to resort to the King ; but either for the Interpretation or Mitigation of Obscure or Rigorous Laws , or else in new Cases , for a Supplement where the Law was Defective . By this means both King and People were in many things ●eased : First , The King by giving Laws doth free himself of great and intolerable Troubles , as Moses did himself by chusing Elders . Secondly , The people have the Law as a Familiar Admonisher and Interpreter of the King's pleasure , which being published throughout the Kingdom , doth represent the Presence and Majesty of the King : Also the Judges and Magistrates , ( whose help in giving Judgment in many Causes Kings have need to use ) are restrained by the Common Rules of the Law from using their own Liberty to the injury of others , since they are to judge according to the Laws , and not follow their own Opinions . ( 6. ) Now albeit Kings , who make the Laws , be ( as King James teacheth us ) above the Laws ; yet will they Rule their Subjects by the Law ; and a King , governing in a setled Kingdom , leaves to be a King , and degenerates into a Tyrant , so soon as he seems to Rule according to his Laws ; yet where he sees the Laws Rigorous or Doubtful , he may mitigate and interpret . General Laws made in Parliament , may , upon known Respects to the King , by his Authority be Mitigated or Suspended , upon Causes only known to him . And although a King do frame all his Actions to be according to the Laws , yet he is not bound thereto , but at his good Will , and for good Example : Or so far forth as the General Law of the Safety of the Common-Weale doth naturally bind him ; for in such sort only Positive Laws may be said to bind the King , not by being Positive , but as they are naturally the Best or Only Means for the Preservation of the Common-Wealth . By this means are all Kings , even Tyrants and Conquerours , bound to preserve the Lands , Goods , Liberties , and Lives of all their Subjects , not by any Municipial Law of the Land , so much as the Natural Law of a Father , which binds them to ratifie the Acts of their Fore-Fathers and Predecessors , in things necessary for the Publick Good of their Subjects . ( 7. ) Others there be that affirm , That ●lthough Laws of themselves do not ●ind Kings , yet the Oaths of Kings at ●heir Coronations tye them to keep all ●he Laws of their Kingdoms . How far this is true , let us but examine the Oath of ●he Kings of England at their Coronation ; ●he words whereof are these , Art thou ●leased to cause to be administred in all thy ●udgments indifferent and upright Justice , ●nd to use Discretion with Mercy and Ve●ity ? Art thou pleased that our upright Laws and Customs be observed , and dost thou promise that those shall be protected ●nd maintained by thee ? These two are ●he Articles of the King's Oath , which concern the Laity or Subjects in General ; to which the King answers affirmatively . Being first demanded by the Arch-bishop of Canterbury , Pleaseth it ●ou to confirm and observe the Laws and ●ustoms of Ancient Times , granted from ●od , by just and devout Kings , unto the English Nation , by Oath unto the said People . Especially the Laws , Liberties , and Customs granted unto the Clergy and Laity ●y the famous King Edward . We may observe , in these words of the Articles of the Oath , that the King is required to observe not all the Laws , but only the Upright , and that with Discretion and Mercy . The Word Upright cannot mean all Laws , because in the Oath of Richard the Second , I find Evil and Unjust Laws mentioned , which the King swears to abolish ; and in the Old Abridgment of Statutes , set forth in Henry the Eighth's days , the King is to swear wholly to put out Evil Laws ; which he cannot do , if he be bound to all Laws Now what Laws are Upright and what Evil , who shall judge but the King since he swears to administer Upright Justice with Discretion and Mercy ( o● as Bracton hath it ) oequitatem proecipia● & misericordiam . So that in effect , the King doth swear to keep no Laws , but such as in His Judgment are Upright , and those not literally always , but according to Equity of his Conscience , join'd with Mercy , which is properly the Office of a Chancellour rather than of Judge ; and if a King did strictly sweat to observe all the Laws , he could not without Perjury give his Consent to the Repealing or Abrogating of any St●tute by Act of Parliament , which would be very mischievable to the ●tate . But let it be supposed for truth , that Kings do swear to observe all the Laws ●f their Kingdoms , yet no man can ●hink it reason that Kings should be ●ore bound by their Voluntary Oaths ●han Common Persons are by theirs . Now if a private person make a Con●ract , either with Oath or without Oath , he is no further bound than the ●quity and Justice of the Contract ties ●im ; for a man may have Relief against ●n unreasonable and unjust promise , if ●ther Deceit , or Errour , or Force , or ●ear induced him thereunto : Or if it be ●urtful or grievous in the performance . ●ince the Laws in many Cases give the ●ing a Prerogative above Common Per●ons , I see no Reason why he should be ●enyed the Priviledge which the meanst of his Subjects doth enjoy . Here is a fit place to examine a Question which some have moved , Whe●●er it be a sin for a Subject to disobey ●e King , if he Command any thing contrary to his Laws ? For satisfaction in this point , we must resolve , that not only in Human Laws , but even in Divine , a● thing may be commanded contrary to Law , and yet Obedience to such a Command is necessary . The sanctifying of the Sabbath is a Divine Law ; yet if a Master Command his Servant not to go to Church upon a Sabbath-day , that Best Divines teach us , That the Servant must obey this Command , though it may be Sinful and Unlawful in the Master because the Servant hath no Authority or Liberty to Examine and Judge whether his Master Sin or no in so Commanding ; for there may be a just Cause for a Master to keep his Servant from Church , as appears Luke 14. 5. yet it i● not fit to tye the Master to acquaint hi● Servant with his Secret Counsels , or present Necessity : And in such Cases , th● Servants not going to Church , become the Sin of the Master , and not of th● Servant . The like may be said of th● King's Commanding a man to serve his in the Wars , he may not Examine whether the War be Just or Unjust , but mu●● Obey , since he hath no Commission ● Judge of the Titles of Kingdoms , Cau●es of War ; nor hath any Subje●● Power to Condemn his King for breach of his own Laws . ( 8. ) Many will be ready to say , It is a Slavish and Dangerous Condition to be subject to the Will of any One Man , who is not subject to the Laws . But ●uch men consider not , 1. That the Prerogative of a King is to be above all Laws , ●or the good only of them that are under the Laws , and to defend the Peoples Liberties , as His Majesty graciously affirmed in His Speech after His last Answer to the Petition of Right : Howsoever some ●re afraid of the Name of Prerogative , ●et they may assure themselves , the Case ●f Subjects would be desperately miserable without it . The Court of Chancery ●t self is but a Branch of the Kings Prerogative , to Relieve men against the in●xorable rigour of the Law , which without it is no better than a Tyrant , since ●ummum Jus , is Summa Injuria . General ●ardons , at the Coronation and in Parliaments , are but the Bounty of the Prerogative . 2. There can be no Laws without a Supreme Power to command or ●ake them . In all Aristocraties the No●es are above the Laws , and in all Democraties the People . By the like Reason , in a Monarchy the King must of necessity be above the Laws ; there can be no Soveraign Majesty in him that is under them ; that which giveth the very Being to a King is the Power to give Laws ; without this Power He is but an● Equivocal King. It skills not which way Kings come by their Power , whether by Election , Donation , Succession , or by any other means ; for it is still the manner of the Government by Supreme Power that makes them properly Kings , and not the means of obtaining their Crowns Neither doth the Diversity of Laws nor contrary Customs , whereby each Kingdom differs from another , make the Forms of Common-Weal different unless the Power of making Laws be in several Subjects . For the Confirmation of this point Aristotle saith , That a perfect Kingdom is that wherein the King rules all thing according to his Own Will , for he that is called a King according to the Law● makes no kind of Kingdom at all . Th●● it seems also the Romans well understood to be most necessary in a Monarchy ; for though they were a People most greedy of Liberty , yet the Senate did free Augustus from all Necessity of Laws , that he might be free of his own Authority , and of absolute Power over himself and over the Laws , to do what he pleased , and ●eave undone what he list , and this Decree was made while Augustus was yet absent . Accordingly we find , that Ulpian the great Lawyer delivers it for a Rule of the Civil Law ; Princeps , Le●ibus solutus est . The Prince is not bound ●y the Laws . ( 9 ) If the Nature of Laws be advi●edly weighed , the Necessity of the Princes being above them may more manifest it self ; we all know that a Law in General is the command of a Superior ●ower . Laws are divided ( as Bellermine ●ivides the Word of God ) into written and unwritten , not for that it is not Written at all , but because it was not Written by the first Devisers or Makers of it . The Common Law ( as the Lord Chancellor Egerton teacheth us ) is the Common Custom of the Realm . Now concerning Customs , this must be considered , ●hat for every Custom there was a time ●hen it was no Custom ; and the first President we now have , had no President when it began ; when every Custom began , there was something else than Custom that made it lawful , or else the beginning of all Customs were unlawful . Customs at first became Lawful only by some Superiour , which did either Command or Consent unto their beginning . And the first Power which we find ( as it is confessed by all men ) is the Kingly Power , which was both in this and in all other Nations of the World , long before any Laws , or any other kind of Government was thought of ; from whence we must necessarily infer , that the Common Law it self , or Common Customs of this Land , were Originally the Laws and Commands o● Kings at first unwritten . Nor must we think the Commen Customs ( which are the Principles o● the Common Law , and are but few ) to be such , or so many , as are able to give special Rules to determine every particular Cause . Diversity of Cases are infinite , and impossible to be regulated by any Law ; and therefore we find , even in the Divine Laws which are delivere● by Moses , there be only certain Principal Laws , which did not determine but only direct the High-priest or Magistrate , whose Judgment in special Cases ●id determine , what the General Law intended . It is so with the Common Law , for when there is no perfect Rule , ●udges do resort to those Principles , or Common Law Axiomes , whereupon former Judgments , in Cases some-what ●ike , have been delivered by former ●udges , who all receive Authority from the King , in his Right and Name to give sentence according to the Rules and Presidents of Antient Times : And where Presidents have failed , the Judges have resorted to the General Law of Reason , and accordingly given Judgment , without any Common Law to direct them . Nay , many times , where ●here have been Presidents to direct , ●hey , upon better Reason only , have Changed the Law , both in Causes Crimical and Civil , and have not insisted so much on the Examples of former Judges , as examined and corrected their ●easons ; thence it is that some Laws are ●ow obsolete and out of use , and the ●ractice quite contrary to what it was in Former Times , as the Lord Chancellor Egerton proves , by several Instances . Nor is this spoken to Derogate from the Common Law , for the Case standeth so with the Laws of all Nations , although some of them have their Laws and Principles Written and Established : for witnesse to this , we have Aristotle his Testimony in his Ethiques , and in several places in his Politiques ; I will cite some of them . Every Law ( saith he ) is in the General , but of some things there can be no General Law — when therefore the Law sqeaks in General , and something falls out after besides the General Rule : Then it is fit that what the Law-maker hath omitted or where he hath Erred by speaking Generally , it should be corrected or supplyed as if the Law-maker himself were Present to Ordain it . The Governour , whether h● be one Man , or more , ought to be Lord ●ver all those things whereof it was impossible the Law should exactly speak , because it is not easie to comprehend all things under General Rules — whatsoever the Law cannot Determine , it leaves to the Governours to give Judgment therein , and permits them to rectifie whatsoever upon Tryal they find to be better than the Written Laws . Besides , all Laws are of themselves Dumb , and some or other must be trusted with the Application of them to Particulars , by examining all Circumstances , to pronounce when they are broken , or by whom . This work of right Application of Laws is not a thing easie or obvious for ordinary capacities ; but requires profound Abilities of Nature , for the beating out of the truth , witness the Diversity , and sometimes the contrariety of Opinions of the learned Judges , in some difficult Points . ( 10 ) Since this is the common Condition of Laws , it is also most reasonable that the Law-maker should be trusted with the Application or Interpretation of the Laws ; and for this Cause anciently the Kings of this Land have sitten personally in Courts of Judicature , and are still Representatively present in all Courts ; the Judges are but substituted , and called the Kings Justices , and their Power ceaseth when the King is in place . To this purpose , Bracton , that learned Chief Justice in the Reign of Henry the Third , saith in express terms ; In doubtful and obscure points the Interpretation and Will of our Lord the King is to be expected ; since it is his part to interpret , who made the Law ; for as he saith in another place , Rex , & non Alius debet Judicare , si Solus ad id sufficere possit , &c. The King , and no body else , ought to give Judgment , if He were able , since by vertue of his Oath he is Bound to it ; therefore the King ought to exercise Power as the Vicar or Minister of God , but if our Lord the King be not able to determine every cause , to ease part of his Pains by distributing the Burthen to more Persons , he ought to chuse Wise men fearing God , &c , and make Justices of them : Much to the same purpose are the words of Edward the First , in the beginning of his Book of Laws , written by his appointment by John Briton , Bishop of Hereford , We will ( saith he ) that our own Jurisdiction be above all the Jurisdictions of our Realm , so as in all manner of Felonies , Trespasses , Contracts , and in all other Actions , Personal , or Real , We have power to yield such Judgments as do appertain without other Process , wheresoever we know the right truth as Judges . Neither may this be taken to be meant of an imaginary Presence of the King's Person in His Courts , because he doth immediately after in the same place severally set forth by themselves the Jurisdictions of his Ordinary Courts ; but must necessarily be understood of a Jurisdiction remaining in the King 's Royal Person . And that this then was no New-made Law , or first brought in by the Norman Conquests , appears by a Saxon Law made by King Edgar , in these words , as I find them in Mr. Lambert , Nemo in lite Regem appellato , nisi quidem domi Justitiam consequi , aut impetrare non poterit , sin summo jure domi urgeatur , ad Regem , ut is Onus aliqua ex parte Allevet , provocato . Let no man in Suit appeal to the King , unless he may not get Right at home ; but if the Right be too heavy for him , then let him go to the King to have it eased . As the Judicial Power of Kings was exercised before the Conquest , so in those setled times after the Conquest , wherein Parliaments were much in use , there was a High-Court following the King , which was the place of Soveraign Justice , both for matter of Law and Conscience , as may appear by a Parliament in Edward the First 's time , taking Order , That the Chancellour and the Justices of the Bench should follow the King , to the end that He might have always at hand able men for His Direction in Suits that came before Him : And this was after the time that the Court of Common-Pleas was made Stationary , which is an Evidence that the King reserved a Soveraign Power , by which he did supply the Want , or correct the Rigour of the Common Law ; because the Positive Law , being grounded upon that which happens for the most part , cannot foresee every particular which Time and Experience brings forth . ( 12. ) Therefore though the Common Law be generally Good and Just , yet in some special Case it may need Correction , by reason of some considerable Circumstance falling out , which at the time of the Law-making was not thought of . Also sundry things do fall out , both in War and Peace , that require extraordinary help , and cannot wait for the Usual Care of Common Law , the which is not performed , but altogether after one sort , and that not without delay of help and expence of time ; so that although all Causes are , and ought to be referred to the Ordinary Processe of common Law , yet rare matters from time to time do grow up meet , for just Reasons , to be referred to the aid of the absolute Authority of the Prince ; and the Statute of Magna Charta hath been understood of the Institution then made of the ordinary Jurisdiction in Common Causes , and not for restraint of the Absolute Authority , serving only in a few rare and singular Cases , for though the Subjects were put to great dammage by False Accusations and Malitious Suggestions made to the King and His Council , especially during the time of King Edward the Third , whilst he was absent in the Wars in France , insomuch as in His Reign divers Statutes were made , That provided none should be put to answer before the King and His Council without due Processe ; yet it is apparent the necessity of such Proceedings was so great , that both before Edward the Third's days , and in his time , and after his Death , several Statutes were made , to help and order the Proceedings of the King and his Council . As the Parliament in 28. Edw. 1. Cap. 5. did provide , That the Chancellour and Justices of the King's Bench should follow the King ; that so he might have near unto him some that be learned in the Laws , which be able to order all such matters as shall come unto the Court , at all times when need shall require . By the Statute of 37. Edw. 3. Cap. 18. Taliation was ordained , in case the Suggestion to the King proved untrue . Then 38. Edw. 3. Cap. 9. takes away Taliation , and appoints Imprisonment till the King and Party grieved be satisfied . In the Statutes of 17. Ric. 2. Cap. 6. and 15. Hen. 6. Cap. 4. Dammages and Expences are awarded in such Cases . In all these Statutes it is necessarily implyed , that Complaints upon just Causes might be moved before the King and His Council . At a Parliament at Glocester , 2. Ric. 2. when the Commons made Petition , That none might be forced by Writ out of Chancery , or by Privy Seal , to appear before the King and His Council , to answer touching Free-hold . The King's Answer was He thought it not reasonable that He should be constrained to send for His Leiges upon Causes reasonable : And albeit He did not purpose that such as were sent for should answer [ Finalment ] peremptorily touching their Free-hold , but should be remanded for Tryal thereof , as Law required : Provided always , ( saith he ) that at the Suit of the Party , where the King and His Council shall be credibly informed , that because of Maintenance , Oppression , or other Out-rages , the Common Law cannot have duly her Course , in such case the Council for the Party . Also in the 13th year of his Reign , when the Commons did pray , that upon pain of Forfeiture , the Chancellour or Council of the King , should not after the end of the Parliament make any Ordinance against the Common Law ; the King answered , Let it le used as it hath been used before this time , so as the Rega●lity of the King be saved , for the King will save His Regalities as His Progeni●tors have done . Again , in the 4th year of Henry the Fourth , when the Commons complained against Subpoena's , and other Writs , grounded upon false Suggestions ; the King answered , That He would give in Charge to His Officers , that they should abstain more than before time they had , to send for His Subjects in that manner . But yet ( saith He ) it is not Our Intention , that Our Officers shall so abstain , that they may not send for Our Subjects in Matters and Causes necessary , as it hath been used in the time of Our Good Progenitors . Likewise when for the same Cause Complaint was made by the Commons , Anno 3. Hen. 5. the King's Answer was , Le Roy s'advisera , The King will be advised ; which amounts to a Denyal for the present , by a Phrase peculiar for the Kings denying to pass any Bill that hath passed the Lords and Commons . These Complaints of the Commons , and the Answers of the King , discover , That such moderation should be used , that the course of the common Law be ordinarily maintained , lest Subjects be convented before the King and His Council without just cause , that the Proceedings of the Council-Table be not upon every slight Suggestion , nor to determine finally concerning Free ●old of Inheritance . And yet that upon ●ause reasonable , upon credible Information , in matters of weight , the King's ●egallity or Prerogative in sending for ●is Subjects be maintain'd , as of Right ought , and in former times hath been ●onstantly used . King Edward the First , finding that ●ogo de Clare was discharged of an Ac●usation brought against him in Parliament , for that some formal Imperfections ●ere found in the Complaint , commanded him nevertheless to appear before Him and His Council , ad faciendum , & ●cipiendum quod per Regem & ejus Conci●●m fuerit faciendum ; and so proceeded ●● an Examination of the whole Cause . ●● Edw. 1. Edward the Third , In the Star-Cham●●r ( which was the Ancient Council-Cham●●r at Westminster ) upon the Complaint ●● Elizabeth Audley , commanded James ●udley to appear before Him and His ●ouncil , and determin'd a Controversie between them , touching Lands contain'd the Covenants of her Joynture . Rot : ●aus . de an . 41. Ed. 3 : Henry the Fifth , in a Suit before Him and His Council for the Titles of the Mannors of Seere and S. Laurence , in the Isle of Thenet , in Kent , took order for the Sequestring the Profits till the Right were tryed , as well for avoiding the breach of the Peace , as for prevention of waste and spoil . Rot. Patin . Anno 6 Hen. 5. Henry the Sixth commanded the Justices of the Bench to stay the Arraignment of one Verney of London , till they had other commandment from Him an● His Council , because Verney , being indebted to the King and others , practised t● be Indicted of Felony , wherein he might have his Clergy , and make his Purgation of intent to defraud his Creditors . 3. Hen. 6. Rot. 37. in Banco Regis . Edward the Fourth and His Council , 〈◊〉 the Star-Chamber , heard the Cause of the Master and Poor Brethren of S. Leonard in York , complaining , that Sir Hugh Ha●ings , and others , withdrew from them great part of their living , which consisted chiefly upon the having of Thrave of Corn of every P●ough-Land within the Counties of York , Westmer●nd , Cumberland , and Lancashire . Rot. ●aten . de Anno 8. Ed. 4. Part 3. Memb. 14. Henry the Seventh and His Council , in ●●e Star-Chamber , decreed , That Margery ●nd Florence Becket should Sue no further in their Cause against Alice Radley , ●idow , for Lands in Wolwich and Plum●ad in Kent ; for as much as the Matter ●d been heardfirst before the Council of ●ng Ed. 4. after that before the Presi●●nt of the Requests of that King , Hen. and then lastly , before the Council of said King. 1. Hen. 7. What is hitherto affirmed of the De●dency and Subjection of the Com●on Law to the Soveraign Prince , the ●e may be said as well of all Statute ●●ws ; for the King is the sole immedi● Author , Corrector , and Moderator them also ; so that neither of these ● kinds of Laws are or can be any ●inution of that Natural Power ●●ch Kings have over their People , by ●t of Father-hood , but rather are an ●ument to strengthen the truth of it ; for Evidence whereof , we may in some points consider the nature of Parliaments , because in them only all Statutes are made . ( 12. ) Though the Name of Parliament ( as Mr. Cambden saith ) be of no great Antiquity , but brought in out of France yet our Ancestors , the English Saxons had a Meeting , which they called , The Assembly of the Wise ; termed in Latine Conventum Magnatum , or , Proesentia Regis , Procerumque Prelaterumque collector●● The Meeting of the Nobility , or the Presence of the King , Prelates , an● Peers Assembled ; or in General , Magnu● Concilium , or Commune Concilium ; an● many of our Kings in elder times mad● use of such great Assemblies for to Consult of important Affaires of State ; a● which Meetings , in a General sense , ma● be termed Parliaments . Great are the Advantages which b●● the King and People may receive by well-ordered Parliament ; there is n●thing more expresseth the Majesty a Supreme Power of a King , than such Assembly , wherein all his People knowledge him for Soveraign Lord , and make all their Addresses to him by humble Petition and Supplication ; and by their Consent and Approbation do strengthen all the Laws , which the King , ●●at their Request and by their Advice and Ministry , shall ordain . Thus they facilitate the Government of the King , by making the Laws unquestionable , either to the Subordinate Magistrates , or ●refractory Multitude . The benefit which ●●crews to the Subject by Parliaments , is , That by their Prayers and Petitions Kings are drawn many times to redress their Just grievances , and are overcome by their importunity to grant many ●hings which otherwise they would not ●ield unto ; for the Voice of a Multitude is easilier heard . Many Vexations of the People are without the knowledge of the King ; who in Parliament seeth ●nd heareth his People himself ; whereas ● other times he commonly useth the ●yes and Ears of other men . Against the Antiquity of Parliaments ●e need not dispute , since the more an●ent they be , the more they make for ●e Honour of Monarchy ; yet there be certain Circumstances touching the Forms of Parliaments , which are fit to be considered . First , we are to remember , that until about the time of the Conquest , there could be no Parliaments assembled of the General States of the whole Kingdom of England , because till those days we cannot learn it was entirely united into one Kingdom ; but it was either divided into several Kingdoms , or Governed by several Laws . When Julius Coesar landed he found 4 Kings in Kent ; and the British Names of Dammonii , Durotriges , Belgae● Attrebatii , Trinobantes , Iceni , Silures and the rest , are plentiful Testimonies o● the several Kingdoms of Brittains , whe● the Romans left us . The Saxons divide us into 7 Kingdoms : when these Saxon● were united all into a Monarchy , they had always the Danes their Companions , or their Masters in the Empire , ti● Edward the Confessors Days , since who● time the Kingdom of England hath continued United , as now it doth : But for a Thousand years before we cannot fin● it was entirely setled , during the Tim● of any one Kings Reign . As under th● Mercian Law : The West Saxons were confined to the Saxon Laws ; Essex , Norfolk , Suffolk , and some other Places , were vexed with Danish Laws ; The Northumbrians also had their Laws apart . And until Edward the Confessors Reign , who was next but one before the Conquerour , the Laws of the Kingdom were so several and Uncertain , that he was forced to Cull a few of the most indifferent and best of them , which were from him called St. Edwards Laws : Yet some say that Eadgar made those Laws , and that the Confessor did but restore and mend them . Alfred also gathered out of Mulmutius laws , such as he translated into the Saxon Tongue . Thus during the time of the Saxons , the Laws were so variable , that there is little or no likelihood to find any constant Form of Parliaments of the whole Kingdom . ( 13 ) A second Point considerable is , whether in such Parliaments , as was ●n the Saxon's times , the Nobility ●nd Clergy only were of those Assem●lies , or whether the Commons were also called ; some are of Opinion , that ●hough none of the Saxon Laws do mention the Commons , yet it may be gathered by the word Wisemen , the Commons are intended to be of those Assemblies , and they bring ( as they conceive ) probable arguments to prove it , from the Antiquity of some Burroughs that do yet send Burgesses , and from the Proscription of those in Antient Demesne , not to send Burgesses to Parliament . If it be true , that the West-Saxons had a Custom to assemble Burgesses out of some of their Towns , yet it may be doubted , whether other Kingdoms had the same usage ; but sure it is , that during the Heptarchy , the People could not Elect any Knights of the Shire , because England was not then divided into Shires . On the contrary , there be of our Historians who do affirm , that Henry the First caused the Commons first to be Assembled by Knights and Burgesses of their own Appointment , for before his Time only certain of the Nobility and Prelates of the Realm were called to Consultation about the most Important Affairs of State. If this Assertion be true it seems a meer matter of Grace of this King , and proves not any Natural Right of the People , Originally to be admitted to chuse their Knights and Burgesses of Parliament , though it had been more for the Honour of Parliaments , if a King , whose Title to the Crown had been better , had been Author of the Form of it ; because he made use of it for his unjust Ends. For thereby he secured himself against his Competitor and Elder Brother , by taking the Oaths of the Nobility in Parliament ; and getting the Crown to be setled upon his Children . And as the King made use of the People , so they , by Colour of Parliament , served their own turns ; for after the Establishment of Parliaments by strong hand , and by the Sword , they drew from him the Great Charter , which he granted the rather to flatter the Nobility and People , as Sir Walter Raleigh in his Dialogue of Parliaments doth affirm , in these words . The great Charter was not Originally granted Legally and Freely ; for Henry the First did but Usurp the Kingdom , and therefore , the better to assure himself against Robert his Elder Brother , he flattered the Nobility and People with their Charters ; yea , King John , that Confirmed them , had the like respect , for Arthur Duke of Brittain was the undoubted Heir of the Crown , upon whom King John Usurped , and so to conclude , these Charters had their Original from Kings de facto , but not de jure — the Great Charter had first an obscure Birth by Usurpation , and was Secondly sostered and shewed to the World by Rebellion . ( 15. ) A third consideration must be , that in the former Parliaments , instituted and continued since King Henry the First 's time , is not to be found the Usage of any Natural Liberty of the People ; for all those Liberties that are claimed in Parliament are the liberties of Grace from the King , and not the Liberties of Nature to the People ; for if the liberty were Natural , it would give Power to the Multitude to assemble themselves When and Where they please , to bestow Soveraignty , and by Pactions to limit and direct the Exercise of it . Whereas , the Liberties of Favour and Grace , which are Claimed in Parliaments , are restrained both for Time , Place , Persons , and other Circumstances , to the Sole Pleasure of the King. The People can not Assemble themselves , but the King , by his Writs , calls them to what place he pleases ; and then again Scatters them with his Breath at an instant , without any other Cause shewed than his Will. Neither is the whole Summoned , but only so many as the Kings Writs appoint . The prudent King Edward the First , summoned always those Barons of ancient Families , that were most wise , to his Parliament , but omited their Sons after their Death , if they were not answerable to their Parents in Understanding . Nor have the whole people Voices in the Election of Knights of the Shire or Burgesses , but only Free-holders in the Counties , and Freemen in the Cities and Burroughs ; yet in the City of Westminster all the House-holders , though they be neither Free-men nor Free-holders , have Voices in their Election of Burgesses . Also during the time of Parliament , those priviledges of the House of Commons , of freedom of Speech , Power to punish their own Members , to examine the Proceedings and Demeanour of Courts of Justice and Officers , to have access to the King's Person , and the like , are not due by any Natural Right , but are derived from the Bounty or Indulgence of the King , as appears by a solemn Recognition of the House ; for at the opening of the Parliament , when the Speaker is presented to the King , he , in the behalf and name of the whole House of Commons , humbly craves of His Majesty , That He would be pleased to grant them their Accustomed Liberties of freedom of Speech , of access to his Person , and the rest . These Priviledges are granted with a Condition implyed , That they keep themselves within the Bounds and Limits of Loyalty and Obedience ; for else why do the House of Commons inflict punishment themselves upon their own Members for transgressing in some of these points ; and the King , as Head , hath many times punished the Members for the like Offences . The Power which the King giveth , in all his Courts , to his Judges or others to punish , doth not exclude Him from doing the like , by way of Prevention , Concurrence , or Evocation , even in the same point which he hath given in charge by a delegated Power ; for they who give Authority by Commission , do always retain more than they grant : Neither of the two Houses claim an Infallibility of not Erring , no more than a General Council can . It is not impossible but that the greatest may be in Fault , or at least Interested or Engaged in the Delinquency of one particular Member . In such Cases it is most proper for the Head to correct , and not to expect the Consent of the Members , or for the Parties peccant to be their own Judges . Nor is it needful to confine the King , in such Cases , within the Circle of any one Court of Justice , who is Supreme Judge in all Courts . And in rare and new Cases rare and new Remedies must be sought out ; for it is a Rule of the Common Law , In novo Casu , novum Remedium est apponendum : and the Statute of Westminst . 2. cap. 24. giveth Power , even to the Clarks of the Chancery , to make New Forms of Writs in New Cases , lest any man that came to the King's Court of Chancery for help , should be sent away without Remedy : A President cannot be found in every Case ; and of things that happen seldom , and are not common , there cannot be a Common Custom . Though Crimes Exorbitant do pose the King and Council in finding a President for a Condigne Punishment , yet they must not therefore pass unpunished . I have not heard that the people , by whose Voices the Knights and Burgesses are chosen , did ever call to an account those whom they had Elected ; they neither give them Instructions or Directions what to say , or what to do in Parliament , therefore they cannot punish them when they come home for doing amiss : If the people had any such power over their Burgesses , then we might call it , The Natural Liberty of the people , with a mischief . But they are so far from punishing , that they may be punished themselves for intermedling with Parliamentary Business ; they must only chuse , and trust those whom they chuse to do what they list ; and that is as much liberty as many of us deserve , for our irregular Elections of Burgesses . ( 15 ) A fourth point to be consider'd , is , that in Parliament all Statutes or Laws are made properly by the King alone , at the Rogation of the people , as His Majesty King James , of happy memory , affirms in His true Law of free Monarchy ; and as Hooker teacheth us , That Laws do not take their constraining force from the Quality of such as devise them , but from the Power that doth give them the Strength of Laws : Le Roy le Veult , the King will have it so , is the Interpretive Phrase pronounced at the King 's passing of every Act of Parliament : And it was the ancient Custom for a long time , till the days of Henry the Fifth , that the Kings , when any Bill was brought unto them , that had passed both Houses , to take and pick out what they liked not , and so much as they chose was Enacted for a Law : but the Custom of the later Kings hath been so gracious , as to allow always of the entire Bill as it hath passed both Houses . ( 16 ) The Parliament is the King's Court , for so all the oldest Statutes call it , the King in his Parliament : But neither of the two Houses are that Supreme Court , nor yet both of them together ; they are only Members , and a part of the Body , whereof the King is the Head and Ruler . The King 's Governing of this Body of the Parliament we may find most significantly proved both by the Statutes themselves , as also by such Presidents as expresly shew us , how the King , sometimes by himself , sometimes by his Council , and othertimes by his Judges , hath over-ruled and directed the Judgments of the Houses of Parliament ; for the King , we find that Magna Charta , and the Charter of Forrests , and many other Statutes about those times , had only the Form of the Kings Letters-Patents , or Grants , under the Great Seal , testifying those Great Liberties to be the sole Act and Bounty of the King : The words of Magna Charta begin thus ; Henry , by the Grace of God , &c. To all Our Arch-Bishops , &c. and Our Faithful Subjects , Greeting . Know ye , that We , of Our meer free-Will , have granted to all Free-men these Liberties . In the same style goeth the Charter of Forrests , and other Statutes . Statutum Hibernioe , made at Westminster , 9. Februarii 14. Hen. 3. is but a Letter of the King to Gerrard , Son of Maurice , Justice of Ireland . The Statute de anno Bissextili begins thus , The King to His Justices of the Bench , Greeting , &c. Explanationes Statuti Glocestrioe , made by the King and his Justices only , were received always as Statutes , and ●re still Printed amongst them . The Statute made for Correction ●f the 12 th Chapter of the Statute of ●locester , was Signed under the Great ●eal , and sent to the Justices of the ●ench , after the manner of a Writ Pa●●nt , with a certain Writ closed , dated ●y the Kings Hand at Westminster , re●iring that they should do , and Execute ●● and every thing contained in it , although the same do not accord with the ●atute of Glocester in all things . The Statute of Rutland , is the Kings ●tters to his Treasurer and Barons of his ●cchequer , and to his Chamberlain . The Statute of Circumspecte Agis ●●s , The King to his Judges sendeth ●eeting . There are many other Statutes of the ●he Form , and some of them which ● only in the Majestique Terms of , The ●g Commands , or , The King Wills , or , ● Lord the King hath established , or , Our Lord the King hath ordained : or His Especial Grace hath granted : Without mention of Consent of the Commons or People ; insomuch that some Statutes rather resemble Proclamations than Acts of Parliament : And indeed some of them were no other than mee● Proclamations ; as the Provisions of Merton , made by the King at an Assembly o● the Prelates and Nobility , for the Cornation of the King and his Queen Eleano● which begins , Provisum est in C●ria Domini Regis apud Merton . Also a Provision was made 19. Hen. 3. de Assisa ultimoe Pr●sentationis , which was continued and allowed for Law , until Tit. West . 2. an . 13. E●● 1. cap. 5. which provides the contrary i● express words : This Provision begins , Pr●visum fuit coram Dom. Rege , Archiepiscopi● Episcopis , & Baronibus , quod , &c. It see● Originally the difference was not gre●● between a Proclamation and a Statut● this latter the King made by Comm●● Council of the Kingdom . In the form he had but the advice only of his gre●● Council of the Peers , or of his Priv●●● Council only . For that the King had great Council , besides his Parliament , a●pears by a Record of 5. Hen. 4. abo●● an Exchange between the King and the Earl of Northumberland : Whereby the King promiseth to deliver to the Earl Lands to the value , by the advice of Parliament , or otherwise by the Advice of his Grand Council , and other Estates of the Realm , which the King will Assemble , in case the Parliament do not meet . We may find what Judgment in later times Parliaments have had of Proclamations , by the Statute of 31. of Hen. Cap. 8. in these Words , Forasmuch as the King , by the advice of his Council , hath set forth Proclamations , which obstinate Persons have contemned ; not considering what a King by his Royal Power may do : Considering that sudden Causes and Occasions fortune many times , which do require speedy Remedies , and that by abiding for a Parliament , in the mean time might happen great prejudice to ensue to the Realm : And weighing also , that his Majesty , which by the Kingly and Re●al Power given him by God , may do many things in such Cases , should not be dri●en to extend the Liberties , and Supre●ity of his Regal Power , and Dignity , by willfulness of froward Subjects : It is therefore thought fit , that the King with the Advice of his Honourable Council should set forth Proclamations for the good of the People , and defence of his Royal Dignity as necessity shall require . This Opinion of a House of Parliament was confirmed afterwards by a Second Parliament , and the Statute made Proclamations of as great validity , as if they had been made in Parliament . This Law continued until the Government of the State came to be under a● Protector , during the Minority of Edward the Sixth , and in his first year it was Repealed . I find also , that a Parliament in the 11th year of Henry the Seventh , did so great Reverence to the Actions , or Ordinances of the King , that by Statut● they provided a Remedy or Means to levy a Benevolence granted to the King although by a Statute made not long before all Benevolences were Damne● and Annulled for ever . Mr. Fuller , in his Arguments against the proceedings of the High-Commission Court , affirms , that the Statute of 2. H. 4. cap. 15. which giveth Power to Ordinaries to Imprison and set Fines on Subjects , was made without the Assent of the Commons , because they are not mentioned in the Act. If this Argument be good , we shall find very many Statutes of the same kind , for the Assent of the Commons was seldom mentioned in the Elder Parliaments . The most usual Title of Parliaments in Edward the 3d , Rich. 2. the three Henries 4. 5. 6. in Edw. 4. and Rich. 3. days , was : The King and his Parliament , with the Assent of the Prelates , Earles , and Barons , and at the Petition , or at the special Instance of the Commons , doth Ordain . The same Mr. Fuller saith , that the Statute made against Lollards , was without the Assent of the Commons , as appears by their Petition in these Words , The Commons beseech , that whereas a Statute was made in the last Parliament , &c. which was never Assented nor Granted ●y the Commons , but that which was done ●herein , was done without their Assent . ( 17. ) How far the Kings Council hath directed and swayed in Parliament , hath in part appeared by what hath been already produced . For further Evidence , we may add the Statute of Westminster : The first which saith , These be the Acts of King Edward 1. made at His First Parliament General , by His Council , and by the assent of Bishops , Abbots , Priors , Earles , Barons , and all the Commonalty of the Realm , &c. The Statute of Bygamy saith , In presence of certain Reverend Fathers , Bishops of England , and others of the Kings Council , for as much as all the King's Council , as well Justices as others , did agree , that they should be put in Writing , and observed . The Statute of Acton Burnell saith , The King , for Himself , and by His Council , hath Ordained and Established . In Articuli super Chartas ; when the Great Charter was confirmed , at the Request of his Prelates , Earls and Barons we find these Passages . 1. Nevertheless the King and His Council do not intend by reason of this Statute to diminish the King Right , &c. 2. And notwithstanding all these things before-mentioned , or any part of them ; both the King and his Council , and all they that were present at the making of this Ordinance , will and intend that the Right and Prerogative of his Crown shall be saved to him in all things . Here we may see in the same Parliament the Charter of the Liberties of the Subjects confirmed , and a saving of the Kings Prerogative : Those times neither stumbled at the Name , nor conceived any such Antipathy between the Terms , as should make them incompatible . The Statute of Escheators hath this Title , At the Parliament of our Soveraign Lord the King , by his Council it was agreed , and also by the King himself commanded . And the Ordinance of Inquest goeth thus , It is agreed and Ordained by the King himself , and all his Council . The Statute made at York , 9. Ed. 3. saith , Whereas the Knights , Citizens , and Burgesses desired our Soveraign Lord the King in his Parliament , by their Petition , that for his Profit , and the Commodity of his Prelates , Earls , Barons , and Commons , it may please him to provide remedy ; our Soveraign Lord the King desiring the profit of his people by the assent of his Prelates , Earles , Barons , and other Nobles of his Council being there , hath ordained . In the Parliament primo Edwardi the Third , where Magna Charta was confirmed , I find this Preamble , At the Request of the Commonalty by their Petition made before the King and His Council in Parliament , by the assent of the Prelates , Earles , Barons , and other Great Men Assembled , it was Granted . The Commons presenting a Petition unto the King , which the King's Council did mislike , were content thereupon to mend and explain their Petition ; the Form of which Petition is in these words , To their most redoubted Soveraign Lord the King , praying the said Commons , That whereas they have pray'd Him to be discharged of all manner of Articles of the Eyre , &c. Which Petition seemeth to His Council to be prejudicial unto Him , and in Disinherison of His Crown , if it were so generally granted . His said Commons not willing nor desiring to demand things of Him , which should fall in Disinherison of Him or His Crown perpetually , as of Escheators , &c. but of Trespasses , Misprisions , Negligences , and Ignorances , &c. In the time of Henry the Third , an Order or Provision was made by the King's Council , and it was pleaded at the Common Law in Bar to a Writ of Dower . The Plantiffs Attorney could not deny it , and thereupon the Judgment was ideo ●sine die . It seems in those days an Order of the Council-Board was either parcel of the Common-Law or above it . The Reverend Judges have had regard in their Proceedings , that before they would resolve or give Judgment in new Cases , they consulted with the King 's Privy Council . In the Case of Adam Brabson , who was assaulted by R. W. in the presence of the Justices of Assize at Westminster , the Judges would have the Advice of the Kings Council : For in a like Case , because R. C. did strike a Juror at Westminster which passed in an Inquest against one of his Friends , It was adjudged by all the Council that his right hand should be cut off , and his Lands and Goods forfeited to the King. Green and Thorp were sent by Judges of the Bench to the Kings Council , to demand of them whether by the Statute of 14. Ed. 3. cap. 16. a Word may be amended in a Writ ; and it was answered , that a Word may well be amended , although the Statute speak but of a Letter or Syllable . In the Case of Sir Tho. Oghtred , Knight , who brought a Formedon against a poor Man and his Wife ; they came and yielded to the Demandant , which seemed suspitious to the Court , whereupon Judgment was stayed ; and Thorp said , That in the like Case of Giles Blacket , it was spoken of in Parliament , and we were commanded , that when any like Case should come , we should not go to Judgment without good advice : therefore the Judges Conclusion was , Sues au Counseil , & comment ils voillet que nous devomus faire , nous volume faire , & auterment nient en cest case . Sue to the Council , and as they will have us to do , we will ; and otherwise not in this Case . ( 18. ) In the last place , we may consider how much hath been attributed to the Opinions of the Kings Judges by Parliaments , and so find , that the Kings Council hath guided and ruled the Judges , and the Judges guided the Parliament . In the Parliament of 28. Hen. 6. The Commons made Suit , That William de la Poole , D. of Suffolke , should be committed to Prison , for many Treasons and other Crimes . The Lords of the Higher House were doubtful what Answer to give , the Opinion of the Judges was demanded . Their Opinion was , that he ought not to be committed , for that the Commons did not charge him with any particular Offence , but with General Reports and Slanders . This Opinion was allowed . In another Parliament , 31. Hen. 6. ( which was prorogued ) in the Vacation the Speaker of the House of Commons was condemned in a thousand pound dammages , in an Action of Trespass , and was committed to Prison in Execution for the same . When the Parliament was re-assembled , the Commons made suit to the King and Lords to have their Speaker delivered ; the Lords demanded the Opinion of the Judges , whether he might be delivered out of Prison by priviledge of Parliament ; upon the Judges answer it was concluded , That the Speaker should still remain in Prison , according to the Law , notwithstanding the priviledge of Parliament , and that he was the Speaker : Which Resolution was declared to the Commons by Moyle , the King's Serjeant at Law ; and the Commons were commanded in the Kings Name , by the Bishop of Lincolne , ( in the absence of the Arch-bishop of Canterbury , then Chancellour ) to chuse another Speaker . In septimo of Hen. 8. a question was moved in Parliament , Whether Spiritual Persons might be convented before Temporal Judges for Criminal Causes . There Sir John Fineux , and the other Judges , delivered their Opinion , That they might and ought to be : and their Opinion was allowed and maintained by the King and Lords , and Dr. Standish , who before had holden it ; the same Opinion was delivered from the Bishops . If a Writ of Errour be sued in Parliament upon a Judgment given in the Kings Bench , the Lords of the higher House alone , ( without the Commons ) are to examine the Errours ; the Lords are to proceed according to Law , and for their Judgment therein they are to be informed by the advice and counsel of the Judges , who are to inform them what the Law is , and so to direct them in their Judgment ; for the Lords are not to follow their own Opinions or Discretions otherwise . So it was in a Writ of Errour brought in Parliament by the Dean and Chapter of Lichfield , against the Prior and Covent of Newton-Panel , as appeareth by Record . See Flower Dew's Case , P. 1. H. 7. fol. 19. FINIS . Notes, typically marginal, from the original text Notes for div A41310-e1510 1 Kings 20. 16. Gen. 27 ▪ 29. Notes for div A41310-e4040 Arist . Pol. Lib. 1. c. 2. A45001 ---- The grounds & reasons of monarchy considered in a review of the Scotch story, gathered out their best authours and records / by J.H. Hall, John, 1627-1656. This text is an enriched version of the TCP digital transcription A45001 of text R16160 in the English Short Title Catalog (Wing H346). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 111 KB of XML-encoded text transcribed from 69 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A45001 Wing H346 ESTC R16160 13031623 ocm 13031623 96770 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A45001) Transcribed from: (Early English Books Online ; image set 96770) Images scanned from microfilm: (Early English books, 1641-1700 ; 740:9) The grounds & reasons of monarchy considered in a review of the Scotch story, gathered out their best authours and records / by J.H. Hall, John, 1627-1656. This text is an enriched version of the TCP digital transcription A45001 of text R16160 in the English Short Title Catalog (Wing H346). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread [10], 127 p. s.n.], [S.l. : 1650. Reproduction of original in Union Theological Seminary Library, New York. eng Monarchy -- Early works to 1800. Scotland -- Kings and rulers. Scotland -- History. A45001 R16160 (Wing H346). civilwar no The grounds & reasons of monarchy considered. In a review of the Scotch story, gathered out of their best authours and records. By J.H. Corr Hall, John 1650 20736 2 5 0 0 0 0 3 B The rate of 3 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2005-01 TCP Assigned for keying and markup 2005-04 SPi Global Keyed and coded from ProQuest page images 2005-05 Emma (Leeson) Huber Sampled and proofread 2005-05 Emma (Leeson) Huber Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion THE Grounds & Reasons OF MONARCHY Considered . IN A Review of the SCOTCH Story , gathered out of their best Authours and Records . By J. H. Corrected and Reprinted According to the Edenburgh Copy . Anno MDCL . THE PREFACE . THere is nothing hath more confounded knowledge among men , then the reciprocall violences of the understanding and the will ; or , to speak plainly , the passion of the one and blindnesse of the other : Since some by chance or interest take up Principles whith they force the Understanding by strained Arguments to maintain : Others by the Custome of some opinion so bewitch the will into confedracy , that they can never quit it after confutation ; to remedy this , since I had purposed with my self to say somewhat to this point ( which though it be but a small wyer , yet the great weight of civill felicitie lyes upon it ) I knew no better method then to take the scales off the eyes of the Understanding , and shew the Will how better to bring about her great design of good : And in the prosecution of this , I would not skirmish with every Argument which had been a thing of immense slavery and not for every eye ; but I choosed rather to strike at the foundations , that the understanding might loose his passion , and more freely consider upon what Quick-sands they lay ; and in this I needed not to be positive , because I take a task which most men-are rather happy in , that is , to supplant Errour rather then to assert Truth : Hence I consider King-ship simply , not troubling my self to maintain any other form , or consider Oaths , Ends , changes of Government , or particular necessitie or Reasons of safety : they being distinct Considerations and tasks by themselves . Now if this negative way satisfie not , I see no such great cause to be discouraged , for ( I confesse ) I do not perceive it so easie a thing to find an errour , and I had rather tell a man he was out of the way , then in endeavouring to lead him to the end of his journey , lead him further about : and it is my opinion , that as Sceptiscime is not onely uselesse , but dangerous ; if in setting our thoughts in a posture of defence , it makes us absolutely wavering and incredulous : so had I rather be Scepticall in my opinion , then maintain it upon Grounds taken up and not demonstrated . The second Part is meerly an instance as to the Arguments of the First , wherein I would not be understood to be a writer of an Epitome ; ( I have other imployments for my Time and Thoughts ; and nobler too ) but to set down a true Series by way of Example , and therefore I was onely to note Accesses and Recesses to Governments , and the effects proceeding from the persons of Governours , and here as I needed not much trouble the Chronologie : So lest it might be a bare Sceleton , I sprinkled some observations , that came to hand , and seem to afford either pleasure or use . Thus much left I might be misunderstood , I thought necessary to premise . THE GROUNDS OF MONARCHY . The first Part. I Have often thought it strange that among all the Governments , either past or being , the Monarchicall should so far in extent and number exceed the Popular , as that they could never yet come into comparison . I could never be perswaded , but it was more happy for a people to be disposed of by a number of persons jointly interested and concerned with them , then to be numbred as the herd and Inheritance of One to whose lust and madnesse they were absolutely subject ; and that any man of the weakest reason and generosity would not rather choose for his habitation that piece of earth , whereon there were accesse to honour by virtue and no worth could be excluded ; rather then that where all advancement should proceed from the will of one scarcely hearing and seeing with his own Organs , and gain'd for the most part by means lewd and indirect , and that in the end to amount to nothing else but a more splendid and dangerous slavery . To satisfie this , I considered how inscrutably Providence carryes on the turns and stops of all Governments , so that most people rather found them then made them ; the constitutions of men , some not fit to be masters of their Liberty , some not capable , some not willing : the Ambition of setled Tyrants , who breaking their own bounds have brought in violent alterations , and lastly , civill discord , which have either corrupted or altered better settlements . But these are observations , rather then Arguments , and relate to fact , rather then reason . That which astonished me most was to see this Heroick learned Age , not onely not rising to thoughts of Liberty , but in stead thereof foolishly turning their wits and swords against themselves in the maintenance of Them , whose slaves they are , and indeed they can be no weak causes that produce so long and settled a distemper though some of them I supposed , if not most of them , are these . He knoweth nothing that knoweth not how superstitiously the generality of mankind is given to hold up traditions , and how pertinatious it is in the maintenance of its first prejudices , insomuch that a discovery or more refind reason is as insupportable to them , as the Sunne is to an eye newly brought cut of darknesse ; hence opiniatritrie ( which is commonly proportioned to their ignorance ) and a generous obstinacy sometimes to death and ruine : So that it is no marvell if we see many Gentlemen whose education enabled them onely to use their senses and first thoughts , so dazled with the splendor of a Court , prepossessed with the affection of a Prince , or bewitched with some subdolous favour , That he chooseth rather any hazard then enchantment should be broke up . Others perhaps a degree above these , yet in respect of some Title stuck upon the Family ( which hath been as fortunate a mysterie of Kingship as any other ) or in rereverence to some glorious former atchievements ( minding not that in all these cases the people are the onely effective means , and the King onely imaginary ) they think they should degenerate from bravery in bringing on a change . Others are with-held by sloth and timerousnesse , either not daring or unwilling to be happy ; some looking no further then their private welfare , indifferent for the multiplication of publick evils . Others ( and these the worst of all ) out of pravity of nature sacrificing to their ambition and avarice , and in order to that , following any power concurring with any Machinations , and upholding their Authours : whilst Princes themselves , ( trained up in these Arts , or receiving them in Tradition ) know how to wind all their humours to their own advantage , now foisting in the Divinity of their Titles into Pulpits , now amuzing the People with magnificencies and inter-ludes , now diverting their hot Spirits to some unprofitable forrain War ( making way to their accursed ends of revenge or glory , with the effusion of that bloud which should be as dear to them as their own : ) Now stroaking the People with some feeble but enforced Law ( for which notwithstanding they will be paid ; ) and 't is observed , the most notorious Tyrants have taken this course ; Now giving up the eminentest of their Ministers ( which they part with as indifferently as their Robes ) unto the rage and fury of the People , so that they are commanded and condemned by the same mouth , and the credulous and ignorant believing their King set over them , sit still , and by degrees grow into quiet and admiration , especially if lulled a sleep with-some small continuance of peace ( be it never so unjust , unsound , or dangerous ) as if the body politick could not languish of an internall disease , whilst its complexion is fresh and chearfull . Those are the Reasons , which ( if I conceive aright ) have stupified the lesse knowing part of mankind , Now how the more searching part hath so odly miscarried , will fall under consideration . First , then , we need not take the pains to demonstrate how easie a thing it is for men of acutenesse , not conversant in Civil things not onely to miscarry in the apprehension , but even in the judgement of them ; for they instead of bringing the series and reason of affairs into rule and method , use contrariwise to measure them by their own presupposed speculation ; and by that means become incapable of weighing rightly the various incidences and circumstances of businesses : For it is to be observed , that the Theorems of no Art or Profession are more easily found , or of difficulter practice , then those of Policy ; so that it is no wonder if men meerly contemplative , fail so oft in the very laying of grounds , as we shall anon instance : now how fruitfull dainties are Errour and Absurdity , we all know . But more especially the contentions of contemplative men are most numerous , various and endlesse ; for wrangling is with them an Art , and they are endued with that ungenerous shame never to acknowledge : Besides their principles are most times ill rivetted , and it is to be feared , that in their superstructions , they as often call in their imaginations , as their judgement to frame arguments . Besides , these men fighting onely with Pen , Ink , and Paper , seldome arrive at a means to decide the Quarrell , by which he that gains the last word is supposed Conquerour . Or the other leaves almost as inglorious a conquest to the Victor as if he had been overthrown That which I would say from all this , is , that the generality of speculative men , for the most part guiding their understandings by those notions which they find in Books : fall not seldome by this means into considerable Errours : For all Books , those I mean that are humane , and fall directly under consideration , either lay down Practicall things , and observations of King-ship , or some generall and universall Notions , or else controversially Assert Monarchy against some opposers . Now in the two latter there are generally found two grand and insupportable fallacies , the first whereof is , that they fraudulently converse in generals , and ( to borrow the School-term ) speak of that in the Abstract , which they should do in the Concret : As for example , where they should assert the particular right of this or that Prince , they cunningly or ignorantly lay out most of their discourse in generall about Monarchy , and not seldome weary and amaze the dispute , before they come to the true Ground and stating of the Quarrel , whereby the Readers diverted by such prepossession , and entangled by generall Notions of Authority , Power and Government , seldome descend into the consideration of particulars ; where the great scruple and difficultie for the most part lies . So that any King ( be his accesse to the Government never so fraudulent and unjustifiable ) becomes to be look'd on as sacred Authoritative , and by degrees begins to blush at the Attributes of Sacred Majesty , Grace , and Highnesse ; or any other Terms that the servile flattery and witty Barbarity of Courtiers can give unto them ; nay some even of the wicked Roman Emperours , could be content to be saluted with Perennities and Divinities , whereas if men would call their reasons into Councel , they might find that these blazing Stars were opake Bodies , and shone onely by reflection : These men having no more then either the Cabal of their own state and distance . or the wretched Imposition upon the People cast on them ; For would men divest the Authority from the Person , and then commonly find it inconsiderable , if not positively evil . And again , consider Authority in it self as a thing fixt , veritable , immutable , and ( when justly administred ) sacred , they might find , that granting a Prince to be the most Regular Just person in all the World , yet many men as good , joyned with him , and intrusted , and concurring to the same end , might do much more good ; and that to deny this , were to be as irrationall , as to deny that one Person could do no good at all . But however , this I take to be certain and demonstrable out of their own Principles , that Kings being onely to be considered in respect of the trust and power that lies on them , a number of men by as just means ( to say not better ) invested with the same trust and power , are every jot as sacred , and of as much divine right as any Monarch is ( the power being essentially the same united or divided , as if a Commission be to one or three ) it will then result , that republicks may be as Just and Authoritative , as King-ships , and then their radicall Argument of the Jure Divino of King-ship is wholly enfeebled , and the other rendred equally as Soveraign . And I am to note ( but this is but transiently ) the poornesse , or to say better , the Blasphemy of that Argument , that flourishes out Kings as the Eclypes of Divinity , and vainly lavishes some Metaphysicks , to prove that all things have a naturall Tendencie to an Onenesse ; nay , the itch of some merry wits , have carried them to run over most of the Attribuies ( as some English Lawyers have talkt of the Legal , I must say phantasticall ubiquity and omniscience of our Kings , though we see the contrary , and some Civilians about the Emperour , have gone before them ) whereas they should consider , that the immense simplicity of God flows out in its severall workings , with ineffable variety , God being every-where and the same , or as the Platonists say , a Center in every part of his Circle , a Spirit without Quantity , Distance and Comprehension ; whereas man is a determinate narrow thing , who doing one thing , ceaseth to do another ; and thinking of one thing , is forc'd to quit his former thought . Now how fit he is to be a shade of this Archytipe , let any judge , unlesse he could be refined from his corporeity , and inlarged into a proportionable immensity . Besides , I know not whether it be safe to think or no , That as God , who for the most part , suits men with gifts sutable to the places to which he calls them , would in some measure poure out his Spirit proportionate to these men , whereas as most commonly we find them , notwithstanding their extraordinary Advantages , of society , education and Business , as weak men as any other , and good Princes being swayed by the advice of men , good and wise , and the bad seduced by men of their own inclinations ; what else are all Monarchies , but in reallity Optimaces for a few only essentially govern , under the name of one who is utterly as unable as the meanest of those over whom hee claimes superiority . The second Fallacy or paralogism is this , That men , while they Labour thus to support Monarchy tell us not what kind of Monarchy it is , and consequently gain nothing , although we should grant , them the former proposition to be true ; For what does it avail to acertain me of the Title of such a Prince , if I know not by what Title he holds , grant it were visible to me that such a man was markt out by providence to be my Governour , yet if I cannot tell what kinde of one , whether absolute , mixt , limited , meerly Law-Executive , or first in order , how shall I know to direct my Obedience ? if he be absolute , my very naturall liberty is taken away from me , nor doe I know any power can make any man such ; The Scripture holding out just Limitations and restrictions to all Governours . If mixt and limited , I must know the due temperature and bounds , or else he may usurpe or be mistaken , and I oppressed or injured . If Law-Executive , the power fundamentally resides not in him , but in the great Counsell , or them intrusted by the people , then I adore onely a shadow : Now if any Prince of Europe can really clear up these mistes , and shew the lines of his Government drawn fairly , and his Charter whole and Authentick , like that of Venice and the first Rome : For my part , I le be the first man shall sweare him Allegiance , and the last that will preserve him . But you will finde that they will tell you in generall about their office , and in particular of their claimes of Succession , Inheritance and Ancestors , when look but three or foure stories back , and you will meet either some savage unnaturall Intrusion ( disguiz'd under some forc'd Title or inexistent Cognation ) or else some violent alteration , or possibly some slender Oath or Articles hardly extorted and imperrfectly kept . Now if any man thawill but run over these rules , and apply them to any History whatever ( as we shall exemplify in that which for the present we have pitcht upon ) and not finde most Titles Ambiguous , the effects of former Monarchies ( for where , in a Catalogue of forty Kings , can you almost shew me three good ones , but things meerly strugling to maintain their Titles and domestick Interest ) ruinous to the people ( who , for the most part , considering them no otherwise then as to be Rescued from violent Confusion , not as they conduce to the positive happinesse of a civil life ) my small conversation in Books is extreamely false : And truly I conceive it may be the rationallest course to set any judgement aright , because it instructs by experience and effects , and grounds the judgement upon materiall observation , and not blindly gropes after notions and causes , which to him are Tantum non inscrutable , But of that anon : A main mistake under this Topick , hath been an erroneous Comparison and application of matters Civil and Military ; for men observing that mixt Councels about Generals , Plurality , equality of Commands , often and sudden Military alterations , have brought on no small distempers and dangers to severall Governments and attempts ; Therefore they presently collect , that in Civils also it is the safest to continue a Command in one-hand for the preventing of the like disturbances : But here they are deceived , Civill matters consist in long debate , great consideration , patient expectation and wary foresight , which is better to be found in a number of choice experienced heads , then in one single one , whose youth and vigor of Spirit innables him rather to Action , and fils him with that noble Temerity , which is commonly so happy in Martial things , which must be guided alwayes to prevent occasions ( which are seldom to be found again , and which , mistaken , are to scarcely amended ) Besides the ferocity of daring spirits , can hardly be bounded while they stand levell , so that it is no wonder if they extinguish all emulations , by putting the power into the hands of one , whereas in the Citty , it is quite otherwise ; and Factions ( unless they be Cruelly exorbitant ) doe but poyse and ballance one another , and many times like the discord of humors upon the naturall Body , produce reall good to the Politicks . That slender conception , that nature seems to dress out a principality in most of her works , as among Birds , Bees , &c. is so slender ( in regard they are no more chiefs then what they fancy them , but all their prepotency is meerly predatory or oppressive , and even Lyons , Elephants , Crocodiles and Eagles , have small inconsiderabe enemies , of which they stand in fear , and by which they are often ruined ) that the Recitall confutes it ; and if it were so , yet unless they could prove their One man to be as much more excellent as those are , and that solely , I see not what it would advantage them , since to comply with the designe of Nature in one , they would contrary it in others , where shee were equally concerned . But these Phylologicall and Rhetoricall Arguments , have not a little hindered the severer disquisition of reason and proposessed the more easy mindes with notions so much harder to be layd aside , as they are more erronious and pleasing . These are the fundamentall errours that have misled the judgement ; now those which have misguided the conscience , have principally proceeded from the mis-interpretation of Scripture , and therefore seeming Sacred , have been less examined and doubted , as carrying the most authority . Thus in the old Testament , there being such frequent mention of Kings , which notwithstanding , were Given in wrath , they superstitiously hold forth , not only the necessity , but the impunity of Kings , whereas wee know not their powers and limitations , and it is in consequentiall to argue , That because Judea was so governed , wee should follow the paterne , when we find neither precept consequence , nor necessity convincing . And it is mad to think that while the Spirit of God so freely and vehemently exclaimes against the iniquiries of men , that God would authorize it so far as to leave it in them unpunishable . As for the antiquity from Adam it is true , before his fall his dominion was large and wide , but it was over the Beasts ( that after his fall learned to rebel against him ) and aconomically not despotically over his wife and children , But what is this to Civil Government ? In the new Testament ( for I the brieflyer pass over this head , in regard it hath been so copiously treated upon by those under whose profession it falles , and that it doth not immediatly conduce to my designe ) the principall hath been the meeknesse of Christ and his complyance with Civill powers , which certainly if he had been disposed to have resisted , he could as easily have overthrown , as with a few cords whip the buyers and sellers out of the Temple . But hee that was the wisdome of his Father , rather thought fit to build up his Kingdom , which is never earthly , nor known of men of earth , in meeknes and obedience to civill powers , which are perpetually changed and hurried at the will of the first mover , otherwise he would never have concerned himself so much in giving dues to Caesar , and to God , what is Gods ; intimating the distinct obediences owing by all men , as Christians , and Citizens , when granting Monarchy , the most and the onely Lawfull Government , yet every one knoweth , that knoweth any thing of the Roman story , that Augustus had no more Title to that Government , then any of those over whom he usurped , and that his accesse to Government was as fraudulent and violent as could be . Another is the mistaking of the Powers {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , when its clear , the Scripture speaketh of it in a latitude , as extending it to all established Governments . Now men have falsly assumed that those powers were only meant of Kings ; and what by an indiscreet collation of the places of the old , and violent restings of others of the new , they perfected the other grand mistake , which since it hath been already cleared up ( and as we said is but collaterall with us for the present ) we shall no further mention . As for the alleadged examples and and speeches of primitive times , I see not much in them considerable , for through insurrections against Princes cannot be produced , or rather much is said against them ; we are to consider , that the Gospel of Christ ( which was at that time not much defiled by the world ) ingages not to any Domination , but wholly taken up with its own extasies , spiritual delights and expectations , neglects all other affairs as strange and dangerous . And more over ( though I know what hath been said to the contrary ) I cannot finde ( after consideration of those Ages ) any probable ground how , if they would have risen , they could have Bodied . They were indeed numerous , but then they had Legionaries among them , and who knows not what an ineffectual thing a People is ( be it never so desirous ) when overawed by the Soldatesque : And they were a People ( as greatness to God and man is different ) not for their wordly power ( for how few considerable Commanders were Converted in the first Ages ? ) but out of his own choice , so that it was not strange , if they could not do much . For God as he chose the weakest means in the planting of the Gospel , Fishermen ; So , in the Primitive propagation he called the weaker men , though Christianity afterwards grew ample and August , and Kings were proud to give their names unto it . As for the Fathers ( granting them f●ee of their many Bastardizations , interpolations , and all those Errors and uncertainties which the process of time and fraud of men hath foysted into them ) they are to be accepted as Witnesses , not as Judges , that is to say , they may prove matter of Fact , but none of their words matter of Right , especially if we consider their writings either Homilies , Commentaries , or controversies , which are ever directed to another end then this is , and they themselves ( men secluded from Business ) are so much more unable to judge and resolve Civill controversies ( as this is ) in regard the unhappiness of the latter Times hath produced many controversies : not know or thought of in their days , which falling directly under their profession , cannot receive any light or Authority from them . Having considered Kingship , how well it hath appeared through the false lights of understanding , we shall now consider , whether ( taking it by it self ) its foundations be laid upon a Cylender or upon a Cube , and this me thinks we are the likeliest to do , if we consider them in their rights and uses , or to speak plainer ; in their Legality and policy , so that if we finde that none of the wayes of the retaining of their Crowns can be Authenticall save one , and that one make against them , we shall finde we have no such just causes of blinde adoration or implicite enforcement to truckle under any of their Commands . And if again we discover that the Government it self is not so profitable as to the end of Civil happiness , but rather Diametrically opposite to it , we may suppose that men are either strangely obstinate , or else they might eradicate an error , which not onely offers so many prejudices to their understanding , but hath such an evil influence upon their outward well being . We have then to consider , that for One man to rule over Many , there must necessarily be some right , though it be but colourable ; for either he must be chosen by the people as their Arbitrator and Supream Judge , or else he must by force of Arms invade them , and bring them to obedience , which he by force preserving for his Sons of Successors , makes way for a third claim , which is Inheritance . A fourth , some have invented , though were it real , it is but a difference of the last , and I therefore shall mention it under that head . But to the Consideration . First therefore Election , supposing the people either finding themselves unable to weyld their own happiness , or for preventing of disorder , make choice of one to be set over them , it here instantly followeth , that Authority is in the people , and flowing from them ; for choice argues a power , and being chosen elected a subordination to it , in the end , I mean , though not in every Act : Now there is none chosen but for some , end , or for some intentions reciprocall betwixt both partyes , for otherwise such a choice were but dotage , and consequently invalid : Now thus it will follow that those who pretend to King it upon this Topick , must either shew a formal Election , which I think many Kings are not able to do , or if he can shew one , the Conditions and ends for which he was chosen . Now all parts being either implicite or explained , let him produce the Covenant , that it may be known whether he govern according to it or not , for if he transgresseth , he forfeits , and the other are disobliged . If the agreement be unwritten or intentional , either party is relatively tyed , and then if he do any thing against the welfare of the people ( that Soveraing Law and end of all Governments : ) The people may not onely justly suppose the form capitulation broken , but even endeavour , by what possible means they can , to restore themselves to their former rights : for why should the making of a Compact prejudice any when it is once broken ; And here cometh in another fallacy , which the Assertors of Royalty have so flourished with , That an agreement between a people and one man , should inure , as the English Lawyers terme it , to his Descendants , when as it is to be considered , that the people choosing of one man , is commonly in consideration of his person and personal merit , which not being the same in his Son ( as commonly Families in the Horizon are in the Meridian , the Founders being braver then any that follow after them ) that very intent is frustrated and ceaseth , and the People providing for the happiness of a few years , which are determinable with uncertainty of the latter part of the life of one man , run themselves and their posterity into an eternal inconvenience ( for any thing they know ) of bad Governours ; neither if the people would never so formally agree with him that in regard of his merits or felicity of actions , his Son should be received in that place , yet would they not do it , that very pact expiring with the life of either : For my Father may leave me notionally a slave in a Tenure ( a thing frequently with our Ancestors ) or as Civilians term it , it a Feodary , which I ā content with , in respect of the advantage it brings me , or because my own estate is to little to be independent , and therefore I think it good prudence to be sheltered under the protection of the greater , but my naturall Liberty , that is to say , to make my life as justly happy and advantagious to me as I can , he can no more give away from me then my understanding or eye-sight , for these are priviledges which God and Nature hath endued me with , and these I cannot be denyed , but by him that will deny me a being . But to go on , Suppose a second Generation should accept the Son , and a third a Grandsire , yet this confirms not a fourth , and they very impolitickly strengthen , and confirm the power by continuance , and in a manner with their own hands lay the Foundation of absoluteness ; their Governours themselves growing in Interests , increasing in Aliances and gleaning Forces , so it is very improbable but within a little they grow to big and formidable , and leave nothing of the Liberty save the name and ( if they be less cunning ) not that . A pertinent example of this , it is so near us , that I cannot pass it , we see in young Orange and the Low Countries at this day , who continuing his Progenitors for their signall services , and him for theirs , are now punished for their generous and indiscreet rewarding of vertue , that their Liberty was lately blown up before they well perceived it to be undermined , and they are at charge to maintain their own oppression . As for that formall election and stipulation , who sees not what a vain and ridiculous cheat it is , they coming with swords in their hands to demand the Scepter of a weak and stupid multitude that appears onely to gaze upon the Ceremonies , and whose refusal were ineffectual ; but it is a gracious piece of the Caball of Tyrannie to deceive the People with Shadows , Fantasmes , and names of Liberty . As for those that intrude in by force , they cannot certainly have a Fore-head to infer a right , they being but as the Pyrat said to Alexander , publique and more magnificent Robbers : certainly these are the Nimrods , the great Hunters , Gods scourges , and the burdens of the Earth ; and whether they be Founders of Empires , or great Captains ( as Boccalini distinguisheth them ) ought rather to be remembred with horror and detestation , then that undue reverence which they commonly meet with . But these are they that lay the the foundations of Succession , and from these do the Successors claim , and enjoy with the lesse reluctance , Because the Regret of the violences and hate of the first , dayly weares out ; whether it be by the continuance of Peace , that charmes men into a love of ease , or that the continuance of slavery enfeebles their mindes , that they rather chose to look at their present enjoyment , then reall happinesse , so that it is not strange if the Person of their oppressour become in time adorable , and he himself think that confirmed and justified to him in the processe of time , which in the beginning he had no right to . But if he will consider the businesse a little higher , we might find that since neither the People ( as we have proved before ) have power to make themselves Vassals , nor the Intruders themselves cannot pretend any just title ; their Domination is meerly illegall , and apt to be shaked off with the first conveniencie , it being every whit as equitable , that these men should be judged Enemies of mankind , and condemned to die the death of Parricides for usurping a power , as Nero for mis-using it . But I would fain ask the Regions Defenders , by what Law they can maintain Governments , to be inherent in one , and to be transmitted to his Off spring ? If they say by the Law of God I would again demand how they can make this Law appear to me ? If they say that the Scripture holds forth the right and sacreity of Kings , I ask them again , How they know that God extends that Priviledge and authority to this King ; if they say , that he is involved in the generall right , they do but run into the Circle ; unlesse they can show me , that all his approches to Government were regular , and such as God was pleased with , or else God had by some signe and wonder declared his approbation of him ; for without these two , they must make God an Authour of evil , which is impious , and pretend Commission for an unlawfull Act ; and by the same right , any other may to an action never so unjust , it being no unusuall thing to borrow the face of Divinity , even upon some foul impostures , ( as to forbear further instances ) Numa his conference with Aegeria , Scipio's retirement into the Capitol , and Sertorius his white Hart. Now , if they pretend the Law of Nature , they must demonstrate unto us , both that she endowed men with unequall freedome , and that she shaped out such a man to rule , whereas it appears on the contrary , that all men naturally are equall : for though Nature with a Noble variety hath made different the Features and Lineaments of men , yet as to freedome , till it be lost by some externall means , she hath made every one alike , and given them the same desires . But suppose she had intended such a Family for Government , and had given them some illustrious marks , as we read of some had ( whether by the imagination of their mothers , or by deceit yet then would Nature fall into a double irregularity ; first in deserting her method in making all free ; and secondly in making her generall work meerly subservient , and secondary to her particular , which how contrary it is to that beautifull harmony of hers , I need not much insist . Now if they say , they are Fathers of the People ; as for that which they call themselves the Heads , inferring the People no more then a trunk , it 's onely Metaphoricall , and proves nothing : for they must remember , that since Father hath a Correllative upon which it depends , & upon whose removall it vanisheth , they themselves cannot bring any such ; for by Physicall procreation they will not offer it . And for Metaphoricall dependence it will come to nothing , we seeing People languish when their Princes are fullest , and like Leeches , rather willing to burst then to fall off . And on the contrary the People upon the removall of a Prince , cheerfull and relieved . Now if there were such a strict union between these two , such a contrariety and antipathy could never appear : for certainly when any two persons endeavour to gain one upon another , there is an enmity what ever is pretended ; besides , if these men would be Fathers , it were then their duty to do like Fathers , which is , to provide for , defend and cherish , whereas on the contrary , it is themselves that eat the bread out of the mouths of their Children , and through the groans of the poor . And whereas flattery hath said , that what they draw up in vapours they send down in showres , yet are we sure , such are for the most part unfruitfull , if not ominous and infectious : If they pretend the Law of Nations , it were well , they would declare unto us at first what this Law is , and whether generally agreed on or no by Nations : if they say , yes , they must resolve whether explicitely or implicitely ; if they say the former , let them produce them ; if the latter , they must demonstrate , that all Nations are agreed in such and such Notions ; now if all men of these Nations since every one must be of equall capacity ; when on the contrary , though the understandings of most men whom we know or have conversed with , seem to flee to some generall Maximes ( yet unpolished , unnumbered , and unmethodixed ) yet we see many Nations differing from us in many things , which we think clearly , fundamentally and naturally true , neither do climate and education onely so diversitie the minds of men , but even their understandings , and the different wayes of thinking so distinguish them , though of one Countrey , that though we may please our selves in thinking that all mens thoughts follow the Fantasticall method of ours , yet we might find , if we were perfectly conversant with all men of the world , and well read in their wits ( as we are not with half of them , no , nor any one man with the twentieth part ) that there are scarce four or five axioms would be universally received . Now ( for I have been the longer in this , by reason that this imaginary Law hath been so held up by the Civilians , and made the subterfuge of so many considerable disputes ) if it be so weak as that we can scarce tell whether it be or no , for even that which we account the most sacred piece of it , the violation of publick Messengers , the Taertar and Muscovite , unlesse withheld by fear , break it every day ) What are the Arguments deducted from it ? or if there were such a Law , what would it avail such a particular man , for why should other Nations impose a Governour were they are not concerned ; and if they pretend this Law , as to the preservations and impunity of their persons , the same Answer will serve again , with this addition , That they make an offender uncapable of punishment , it is but to give them a Commission to offend : Now if they run upon that distinction of Suspending onely , and not punishing ( as if forsooth this kind of people must be preserved , though by the ruine of mankind , to immediate vengeance ) Now , I say , That Suspension is really a punishment , and if his demerits can deserve that , I see not but that upon a proportionable increase , they may deserve Dethronization or Death , as clearly as two and two make four , and four make eight . If they alledge Positive or municipall Laws , and number Homages , they are not much the nearer , since that all such Laws are but Rivulets and Branches of those we before examined ; and since we found that those speak so little in their favour , that which these do , cannot signifie much , especially since Princes , who are ever watchfull to prevail themselves of all occasions of this nature , can either by terrour or artifice draw assemblies or the major part , to their own Lure ; nay , even the worst of them have not forgot to be solicitous in this case : but it must be set down , That whatsoever positive Laws are repugnant to those generall , they are injurious , and ought to be repealed : And truly it is a sad observation , that as Monarchs grow , either out of the weaknesse of Government , and ( as I may say ) pupillage , as Romulus and Theseus did at Rome and Athens , or else out of the disease or depravation of them , as Caesar again invaded Rome , so have the people been never more enamoured of them , then when manners were at the highest corruption , which ever gave accesse of strength to them ; nor have they more distasted them , then when their Spirits and Discipline were the most brave and healthfull ; so fatally disagreeing are true Liberty , which is the very source of Virtue and Generosity , and the impotent Domination of a Single Tyrant , who commonly Raign by no other means , then the discords of braver Citizens , who can neither indure Equality or Superiority among themselves , and rather admit a generall Vassalage , then just equality , or the vices of the baser , which reconcile them and concern them in a bad example . But suppose Succession a thing sacred and inviolable , yet once break and interrupt it , it is little worth , either the Usurper being to be acknowledged regular , or the whole Series dash'd out of order : Nay , we see Aspirers themselves , either so blinded with their pretences , or with animosity , so crying their own up , that it is almost impossible for any private judgement to do right in this case , themselves thwarting one another , and it not being in the power of nature that both should be right : But who can instance one Monarch , whose Crown is come to him by untainted Succession ? and what History will not confirm the Example , I shall anon bring : Certainly though Succession were a thing that had not so little reason or being , yet I see not why men should with such a strange pertinacy defend it : Matters of Government ought to be governed by prudence , but this is to put them into the hands of Fortune , when a Child uncapable or infirm , under the Regiment of a Nurse , must ( possibly ) be Supreme Governour , and those whom either their Abilities or vertues fit for it , Subordinate or laid aside : But what if the person whom Necessity hath set at the Stern , be uncapable , Lunatick , Weak or Vicious , is not this a good way to prevent Controversies ? with all this enervates all good Councel , when a King should have need of Tutours , and that a masse of people should be commanded by one who commands not himself , and when we scarce obey even excellent Princes , to adore shadows and weak ones . As for Boxhornius distinction of successive , wherein the next Heir must necessarily succeed out of the Originall right of the former , I would ask him , whether the Predecessour were a Possessour or usufructuary ; if the former , all our former Arguments fall on him ; if the latter , it makes not for his Successour , the people being owners ; and besides , the distinction is one of his own Coyning , never pretended before , upon the first controversie it is invalid , although the first founder had a right , as we have proved the contrary . Having with what brevity I could , brought to an end my first intention . I shall now fall upon the second , which is the intrinsical value and expediency of this Government , and some little comparison with others ; but herein we shall be short , and onely so far as concerns this : And indeed it is a businesse so ticklish , that even Mr. Hobs in his de Cive , though he assured himself that the rest of his Book ( which is principally erected to the assertion of Monarchy ) is demonstrated , yet he doubts whether the Arguments which he brings to this businesse be so firm or no ; And Malvezzi contrarily remonstrates ( in his discourses upon Tacitus ) that Optimacies are clearly better then Monarchies , as to all advantages . And indeed if we look on their Arguments , they are either Flourishes , or meerly Conceptions , such are the reference and perfection of an Unity , which must needs work better and more naturally , as one simple cause ( besides that it stills and restrains all other claims ) then many co-ordinate , whereas they never consider that though among many joynt Causes , there may be some jarring , yet like crosse wheels in an Engine , they tend to the regulation of the whole ; What violent mischiefs are brought in by the contentions of Pretenders , Ambiguities of Titles , and lawlesse ambition of Aspirers , whereas in a setled Republick all this is clear ; and in case any particular man aspire , they know whom to joyn against and punish as a Common Enemy . As for that which alledges the advantage of secresie in businesse , it carries not much with it , in regard that under that even most pernicious designs may be carryed on ; and for wholsome counsels ( Bating some more nice Transactions ) it matters not how much they be tost , among those who are so much entrusted and concerned in them , all crosse Designs being never in probability so feeble and ineffectuall , as when there are many eyes to over look them , and voyces to decry them . As for that expedition in which they say Monarchs are so happy , it may as well further a bad intention , as give effect to a just Councell , it depending on the judgement of a single man , to whose will and ends all must refer ; whereas a select number of Entrusted persons may hasten every opportunity with a just slownesse as well as they , though indeed ( unlesse it be in some Military Criticall minuts ) I see not such an excellency in the swiftnesse of heady dispatch , precipitation in Councels being so dangerous and Ominous . As for what concerns private Suitors , they may as ( if not more ) speedily and effectually be answered in staid Re-publicks , as in the Court of a King , where Bribery and unworthy Favourites do not what is just , but what is desired . With these and many others as considerable , which partly willingly , and partly in this penury of Books , forgettingly I passe , do they intend to strengthen this fantasticall and airie building ; but as sly Controverters , many times leave out the principall Text or Argument , because should it be produced it could not be so easily answered ; so these men tell us all the advantages of Monarchy , supposing them still well setled , and under men virtuous , but you shall never hear them talk of it , in Statu corrupto , under lewd Kings and unsetled Laws ; they never let fall a word of the dangers of Inter-reigns , the minorities and vices of Princes , Misgovernments , evil Councels , Ambitions , Ambiguities of Titles , and the Animosities and Calamities that follow them , the necessary Injustices and Oppressions by which Monarchs ( using the peoples wealth and bloud against them ) hold them fast in their seats , and by some suspension of Divine Justice die not violently . Whereas , other Governments established against all these evils , being ever of vigour and just age setled in their own right , freed from pretences , served by experienced and engaged Councels , and ( as nothing under the Moon is perfect ) sometimes gaining and advantag'd in their Controversies , which have not seldome ( as we may see in old Rome ) brought forth good Laws and Augmentations of Freedome , whereas once declining from their purity and vigour ; and ( which is the effect of that ) ravisht by an Invader , they languish in a brutish servitude ( Monarchy being truly a disease of Government ) and like Slaves , stupid with harshnesse and continuance of Slavery , wax old under it , till they either arrive at that period which God prescribes to all people and Governments , or else better Stars and Nephews awaken them out of that Lethargy , and restore them to their Pristine Liberty , and its Daughter happinesse . But this is but to converse in Notions , wandring , and ill abstract from things , let us now descend into practicall observation and clearly manifest out of the whole Series of Time and Actions , what circumstances and events have either ushered or dog'd one race of Kings , That if there were all the justice in the world , that the Government of a Nation should be entailed upon one Family , yet certainly we could not grant it to such an one , whose Criminall lives and formidable deaths , have been evidences of Gods wrath upon it for so many Generations . And since no Countrey that I know , yields such an illustrious example of this as Scotland does , and it may be a charity to bring into the way such as are misled , I have pitched upon the Scottish History , wherein as I have onely consulted their own Authours , as my fittest witnesses in this case ; So have I ( not as a just History , but as far as concerns this purpose ) faithfully and as far as the thing would permit , without glosses represented it , so that any calm understanding may deduce , that the vengeance which at the present is levell'd against the Nation , is but an attendant of this new introduc'd Person , and that he himself , though for the present he seems a Clog among his Frogs , and suffer them to play about him , yet God will suffer him ( if the English Army prevent not ) to turn Stork and devour them , while their cries shall not be heard , as those that ( in dispight of the warning of Providence , and light of their own reasons , for their own corrupt Interest & greedy Ambition ) brought these miseries upon themselves . THE INSTANCE Out of the Scottish History , Which is the Second Part. ANd now we come to our main businesse , which is the review of Story , wherein we may find such a direct and uninterrupted Series , such mutuall Endearments between Prince and People , and so many of them crowned with happy Reigns and quiet Deaths ( two together scarce dying naturally ) that we may conclude , that they have not onely the most reason , but a great deal of excellent Interest , who Espouse the Person and Quarrell of the hopefull descendant of such a Family ; nor shall we be so injurious to the glory of a Nation , proud with a Catalogue of Names and Kings , as to expunge a great part of their number ; though some who have done it affirm , There can be no probability that they had any other being then what Hector Boyes , and the black Book of Pasley ( out of which Buchanan had most of his materials ) bestow on them , there being no mention of the name of Scot in any Authentick Writer , till Four hundred years after Christ : No , we shall no more envy these old Heroes unto them , then their placing the red Lion in the Dexter point of their Eschutcheon : But though we might in justice reject them as Fabulous and Monkish , yet since themselves acknowledge them , and they equally make against them , we shall run them over like veritable History : The first of this blessed race was Fergus , first Generall , and afterward got himself made King , but no sooner cast away on the coast of Ireland but a contention arises about the validity of their Oath to him , and Uncles are appointed to succeed , which argues it Elective ; so Feritharis Brother to Fergus is King , but his Nephew enters a Conspiracy against him , forces him to resigne and flie to the Isles , where he died . Foritharis dying soon after , was suspected to be poisoned : after him comes in Main ( Fergus second sonne ) who with his sonne Dornadilla reigned quietly fifty seven years . But Reuther his sonne , not being of age , the people make his Uncle Nothat take the Government , but he misruling , Reuther , by the help of one Doualus , raised a party against him and beheads him ; makes himself King with the indignation of the People that he was not elected , so that by the kindred of Nothat he is fought with , taken and displaced , but afterward makes a party and regains : His son Thereus was too young , so that his Brother Rhoutha succeeded , but after seventeen years was glad to resigne . Well , Thereus reigns , but after six years declines to such lewdnesse that they force him to flie , and govern by a Prorex after his death ; Josina his Brother , and his Son Finan are Kings , and quietly die so . But then comes Durst , one who slaies all the Nobility at a Banquet , and is by the People slain ; after his death the validity of the Oath to Fergus is called in question , and the elective power vindicated ; but at length Even his brother is admitted , who though he ruled valiantly and well , yet he had Gillus a bastard Son , Vaser & Regni Cupidus : The next of the line are two Twins Docham and Dorgall ( sons of Durst ) they while they disputed of priority of age , are by the artifice of Gillus slain in a tumult ; who makes a strong party , and seizing of a Hold , sayes he was made Supervisor by his Father , and so becomes King , cuts off all the race of Durst , but is after forc'd out of the Kingdom , and taken by Even the second his Successor ( who was chosen by the People ) and by him put to death in Ireland : after Even comes Eder : after Eder , his son Even the third , who for making a Law , that the Nobility should have the enjoyment of all new married women before they were touched by their husbands , was doomed to prison during his life & there strangled ; his Successor was his Kinsman Metellan ; after whom was elected Caratac , whom his brother Corbret succeeded ; but then came Dardan ( whom the Lords made take on him the Government , by reason of the nonage of Corbrets son ) who for his lewdness was taken by the People and beheaded . After him Corbret the second , whose Son Luctac for his lewdness was by the People put to death ; then was elected Mogald , who following his vitious Predecessors steps , found his death like theirs , violent . His Son Conar one of the Conspirators against him succeeded , but mis-governing , was clapt in Prison and there dyed . Ethodius his Sisters son succeded , who was slain in the night in his Chamber by his Piper . His Son being a Minor , Satrael his brother was accepted who seeking to place the succession in his own line , grew so hatefull to the People , that not daring to come abroad , he was strangled in the night by his own servants , which made way for the youngest Brother Donald , who out-did the others vices by contrary vertues ; and had a happy raign of one and twenty years . Ethodiis the second , Son of the first of that name was next , a dull un-active Prince , Familiarum tumultu occisus . His Son Athirco promised fair , but deceived their expectations with most horrid lewdness , and at length vitiated the daughters of Nathaloc a Nobleman , and caused them to be whipt before his eyes , but seeing himself surrounded by Conspirators , eluded their fury with his own sword ; his Brother and Children being forced to flie to the Picts . Nathaloc turning his injury into ambition made himself King , and governed answerably , for he made most of the Nobility to be strangled , under the pretence of calling them to Councell , and was after slain by his own servants . After his death , Athirco's children were called back , and Findor his son , being of excellent hopes , accepted ; who made good what his youth promised ; he beat in sundry Battels Donald the Islander , who seeing he could not prevail by force , sent two , as Renegadoes , to the King , who ( being not accepted ) conspire with his Brother , by whose means one of them slew him with a hunting spear when he was a hunting . His brother Donald succeeds ( the youngest of the three ) who about to revenge his Brothers death hears the Islander is entred Murray : whom he encountring with unequal forces , is taken prisoner with thirty of the Nobility , and whether of grief , or his wounds , dyes in Prison . The Islander , that had before assumed the name , now assumed the power ( the Nobles , by reason of their kindred prisoners , being overawed ) this man wanting nothing of an exquisite Tyrant , was , after twelve years Butcheries , slain by Cratherinth son of Findor , who under a disguise found address and opportunity . The brave Tyrannicide was universally accepted , and gave no cause of repentance , his Raign is famous , for a War begun between the Scots and Picts about a Dog ( as that between the Trojans and Italians for a white Hart ) and the defect on of Carausius from Dioclesian which happened in his time . His Kinsman Fyncormach succeeded , worthy of memory for little but the piety of the Culdys ( an order of Religious men of that time overborn by others succeeding ) hee being dead , three sonnes of his three brothers contended ; Romach as the eldest strengthned by his alliance with the Picts , with their assistance seized on it , forcing others to fly , but proving cruell , the Nobility conspired and slew him . Angusian , another pretender , succeeds who being assailed by Nectam King of the Picts , who came to revenge Romach , routed his Army in a pitcht battel , but Nectham coming again he was routed and both he and Nectham slaine . Tethelmac , the third pretender came next , who beating the Picts , and wasting their fields ; Hergust when he saw there could be no advantage by the sword , suborned two Picts to murther him , who drawing to conspiracy , the Piper that lay in his Chamber ( as the manner was then ) he at the appointed time admitted them , and there slew him . The next was Even son of Fincormac , who was slain in a Battell with the Picts , to the almost extirpation and banishment of the Scots ; but at the last the Picts taking distaste at the Romans entred into a secret League with the Scots , and agreed that Fergus , ( whose , Uncle the last King was ) being then in banishment , and of a Militari breeding and inclination should be chosen King : with him the Danes maintained a long War with the Romanes , and pulled down the Picts wall , at last he and the King of Picts were in one day slain in a battell against them ; This mans access to Government was strange , ignotus Rex ab ignoto populo accersitus , and may be thought temerarious ; he having no Land for his People , and the Roman Name inimicall , yet founded he a Monarchy , there having been Kings ever since ; and we are to note , this is the first man that the sounder writers will allow to be reall and not fabulous . Him succeded his son Engenius ( whose Grandfather Grahame had all the power ) a Warlike Prince whom some say slain , some dead of a disease . After him his Brother Dongard , who after the spending of five superstitious years , left the Crown ( as they call it ) to his youngest Brother Constantine ; who from a good private man turned a lew Prince , and was slain by a Nobleman , whose daughter he had ravished ; he was succeeded by Congall Constantines son , who came a tolerable good Prince to a loose people , and having spent some two and twenty years in slight excursions against the Saxons , left the rule to his Brother Goran , who notwithstanding he made a good League against the Brittains , which much conduced to his and the Peoples settlement , yet they in requital , after thirty four years , made away with him ; which brought in Eugenius the third of that name , the son of Congall , who was strongly suspected to have a hand in his death , insomuch that Gorans widow was forced to flie into Ireland with her children : This man in thirty three years time did nothing but Reign , and make short incursions upon the Borders ; he left the rule to his Brother Congall , a Monastical , Superstitious and unactive Prince , who Reigned ten years . Kynnatell his Brother was designed for Successor , but Aydan the son of Goran laid his claime , but was content to suspend in respect of the age and diseases of Kynnatell , which after fourteen moneths took him out of the world and cleared the Controversie , and Aydan by the consent of Columba ( a Priest that Governed all in those dayes ) came to be King ; a man that after thirty four years turbulently spent , being beaten by the Saxons and struck with the death of Columba dyed of grief . After him was chosen Kenneth , who hath left nothing behinde him but his name . Then came Eugenius the fourth , son of Aydan ( so irregular is the Scots succession that we see it inverted by usurpation or cross elections in every two or three Generations ) this man left an ambiguous fame , for Hector , sayes he was peaceable , the Manuscript implacably severe , he Reigned sixteen years , and left his sonne Ferchard Successour , who endeavouring to heighten the Prerogative by the dissentions of the Nobility , was on the contrary impeached by them , and called to an account , which he denying was clapt in Prison , where he himself saved the Executioner a labour : So that his Brother Donald succeeded , who being taken up with the Piety of those dayes , left nothing memorable , save that he in Person interpreted Scots Sermons unto the Saxons : He was followed by his Nephew Ferchard , sonne of the first of that name , a thing like a King in nothing but his exorbitancies , who in hunting was wounded by a Wolf , which cast him into a Feaver , wherein he not observing the imposed Temperance , brought upon himself the lowsie disease , upon which discomforted , he was by the perswasion of Colman ( a Religious man ) brought out in his bed covered with Hair-cloth , where he made a publick acknowledgement to the People , and soon after died . Maldwin , Donalds son followed , who after a twenty years ignoble Reign was strangled by his Wife . Eugenius the Fift succeed , son ( they say ) of King Dongard , though the Chronologie seem to refute it : This man spent five years in slight incursions , and was succeeded by Eugenius the Sixt , son of Ferchard : This man is famous for a little learning , as the times went ; and the prodigie of raining of bloud seven dayes , all Lacticinia turning into bloud . Amberkelleth nephew to Eugenius the Fift , succeeded this rude Prince , while he was discharging the burden of Nature , was slain by an arrow from an unknown hand . Eugenius the Seventh followed , who being attempted by Conspiratours , had his new-married Wife slain in bed beside him ; for which he being accused produced the murderers before his triall , and was acquitted , and so ended the rest of his 17. years in peace , recommending unto the People Mordack , son of Amberkelleth , who continuing a blank raigne , or it may be a happy one , in regard it was peaceable , left it to Etfyn , son of Eugenius the seventh ; the first part of his reigne was peaceable ; but Age obliging him to put the Government into the hands of four of his servants , it hapned to him , as it doth to other Princes , whose fortunes decay commonly with their strength , that it was very unhappy and turbulent : Which miseries , Eugenius the Eighth , son of Mordack restrained ; but he it seems , having a nature fitter to appease tumults , then to enjoy rest , at the first enjoyment of peace , broke into such lewdnesse , that the Nobility at a meeting stabb'd him , and made way for Fergus the sonne of Etfyn , one like his Predecessour in manner , death , and continuance of reigne , which was three years ; the onely dissimilitude was , that the latter's Wife brought his death ; for which , others being impeached , she stept in and confessed it , and to elude punishment , punished her self with a knife . Soluath , son of Eugenius the Eighth , followed him , who though his gout made him of lesse Action , yet it made his prudence more visible , and himself not illaudable , his death brought in Achaius the son of Etfyn , whose reign was innobled with an Irish War , and many learned men , besides the assistance , lent Hungus to fight against the Northumbrians , whom he beat in famous battell , which ( if I may mention the matter ) was presignified to Hungus in a dream ; Saint Andrew appearing to him , and assuring him of it , and in the time of the battell , a white Crosse , ( that which the Heraulds call a Saltier , and we see commonly in the Scots Banners ) appeared in the Sky ; and this I think to have been the occasion of that bearing , and an order of Knights of Saint Andrew , sometimes in reputation in Scotland , but extinguished for ought I can perceive , before the time of James the Sixth , though the Collar and Pendent of it are at this day worn about the Scots Arms . To this man Congal his Cousin succeeded , who left nothing behind him but five years to stretch out the account of time . Dongal the son of Soluath came next , who being of a nature fierce and insupportable , there was an endeavour to set up Alpine son of Achaius , which designe by Alpine himself was frustrated , which made the King willinger to assist Alpine in his pretension to the Kingdome of Picts , in the which attempt he was drowned , and left unto Alpine that which he before had so nobly refused , who making use of the former raised an Army , beat the Picts in many signall Victories ; but at last was slain by them , leaving his name to the place of his death , and the Kingdome to his son Kenneth . This man seeing the People broken with the late War , and unwilling to fight , drew on by this subtilty , invites the Nobility to dinner , and after plying them with drink till midnight , leaves them sleeping on the floor ( as the manner was ) and then hanging Fish-skins about the wals of the Chamber , and making one speak through a trunk , and call them to Warre : they waking , and half asleep , supposed something of Divinity to be in it , and the next morning not onely consented to War , but ( so strange is deluded imagination , ) with unspeakable courage fell upon the Enemy , and put them to the rout : which being confirmed by other great Victories , utterly ruined the Pictish Name . This man may be added to the two Ferguses , and truly may be said to be the Founder of the Scots Empire , not onely in making that the middle of his Dominion , which was once the bounds : But in confirming his acquests with good Laws , having opportunitie of a long peace which was Sixteen years , his whole time of Government being Twenty . This was he that placed that Stone , famous for that illusory Prophesie , Ni fallat fatum &c. ( which first was brought our of Spain and Ireland , and from thence to Argyle ) at Scown ; where he put it in a Chair , in which all his Successours ( till Edward the First brought it away ) were crowned , and since that , all the Kings of England , till the happinesse of our Common-wealth made it uselesse . His Brother Donald was his Successour , a man made up of extreamities of virtues and vices , no man had more bravery in the field , nor more vice at home , which increasing with his years , the Nobility put him in prison , where either for fear or scorn , he put an end to his dayes , leaving behind him his brother Constantine , a man wanting nothing of him but his vices , who struggling with a potent Enemy , ( for the Picts had called in the Danes ) and driving them much into despair ( a bravery that hath not seldome ruin'd many excellent Captains ) was taken by them , put into a little Cave , and there slain . He was succeeded by Ethus his brother , who had all his eldest brothers vices , and none of his seconds virtues ; Nature it seems , making two extremes , and a middle in the three Brethren : This man voluptuous and cowardly , was forced to resigne ; or , as others say , died of wounds received in a Duell from his Successour , who was Gregory son of Dongal , who was not onely an excellent man , but an excellent Prince , that both recovered what the others had lost , and victoriously traversed the Nothern Counties of England , and a great part of Ireland , whose King a Minor , and in his power , he generously made no advantage of , but setled his Countrey , and provided faithfull and able Guardians for him . These things justly yield him the name of Great : Donald son of Constantine the second by his recommendation , succeeded in his power and virtues , notwithstanding some say he was removed by poyson : Next was Constantine the third , son of Ethus , an unstable person , who assisted the Danes , which none of his Predecessours would do , and after they had deserted him basely , yet yielded them succours , consisting of the chief of the Scots Nobility , which with the whole Danish Army were routed by the Saxons ; this struck him so , that he retired amongst the Culdys ( which were as the Greek Caloyers , or Romish Monks at this day ) and there buried himself alive : After him was Milcom , son of Donald the third , who though a good Prince , and well skill'd in the arts of peace , was slain by a Conspiracy of those to whom his virtue was burthensome : His Successour was Judulf ( by what title I find not ) who fighting with the Danes , that with a Navy unexpectedly came into the Frith , was slain : Duffe his son succeeds , famous for an accident , which if it be true , seems nearly distant from a fable ; He was suddenly afflicted by a sweating disease , by which he painfully languish'd , yet no body could find the cause , till at last a Girl , that had scattered some words after torments , confessed that her mother and some other women , had made an Image of wax , which , as it wasted , the King should waste , by sweating much ; the place being diligently searched , it was found accordingly ; so the Image being broke , he instantly recovered : That which disturbed his five years Reign , was the turbulency of the Northern people , whom , when he had reduced and taken , with intent to make exemplary punishment , Donald the Commander of the Castle of Forresse , where he then lay , interceded for some of them , but being repulst , and exasperated by his wife , after he had made all his servants drunken , flew him in his bed , and buried him under a little bridge , ( lest the cutting of turfs might bewray a grave ) near Kilross Abbey ; though others say , he turned aside a River , and after he had buried him , suffered it to take its former Channel : Culen the son of Induffe , by the Election of Parliament , or Convention of People succeeded , good onely in this one Action of inquiring and punishing his Predecessours death , but after , by the neglect of Discipline , and the exquisitnesse of his vices , became a monster , and so continued three years , till being weakned and exhausted in his body , and vext with perpetuall diseases he was summoned by the Parliament , and in the way , was slain by a Thane ( so they then called Lieutenants of Counties ) whose daughter he had ravished . Then came Kenneth , brother to Duff ( though the forepart of his Keign was totally unlike his ) who being invaded by the Danes , beat them in that famous battel , which was won by three Hays , husbandmen ( from whom all the Hays now give three shields gules ) who with their Sythes reinforced the lost battel , but in his latter time he lost this reputation , by poysoning Milcolm sonne of Duff , to preserve the Crown for a son of his name , though of lesse merit ( for sayes Bucanan , They use to choose the fittest , not the nearest ) which being done , he got ordained in a Parliament , that the Succession should be lineall , the Son should inherit , and be called Prince of Scots ; and if he were a minor , be governed by some wise man ( here comes the pretence of Succession , whereas before it was clearly Elective ) and at fifteen , he should choose his Guardian himself ; But the Divine vengeance , which seldome , even in this life , passes by murther , overtook him ; for he was insnared by a Lady , whose son he had caused to be executed , and slain by an arrow out of an ambush she had laid . Constantine the son of Culen , notwithstanding all the artifice of Kenneth , by his reasoning against the Act , perswaded most of the Nobility to make him King , to that Milcolm the son of Kenneth and he made up two factions , which tore the Kingdome , till at length Milcoms Bastard Brother ( himself being in Englaend assisting the Danes ) fought him routed his Army , and with the losse of his own life , took away his , they dying of mutuall wounds . Grime , of whose birth they do not certainly agree , was chosen by the Constantinians , who made a good party , but at intercession of Forard ( an accounted Rabbi of the times ) they at last agreed , Grime being to enjoy the Kingdome for his life , after which Milcolumb should succeed , his fathers Law standing in force ; but he after declining into lewdnesse , cruelty and spoil ( as Princes drunk with greatnesse and prosperity use to do ) the people called back Milcolumb , who rather receiving battel then giving it ( for it was upon Ascention day , his principall Holy-day ) routed his Forces , wounded himself , took him , pulled out his eyes , which altogether made an end of his life , all factions and humours being reconciled . Milcolumb , who with various Fortune fought many signall Battels with the Danes , who under their King Sueno had invaded in his latter end he grew to such Covetousness and Oppression , that all Authours agree he was murthered , though they disagree of the manner ; some say , by Confederacy with his servants ; some , by his Kinsmen and Competitours ; some , by the friends of a maid , whom he had ravished . Donald his Grandchild succeeded , a good natur'd and unactive Prince , who with a stratagem of sleepy drink , destroyed a Danish Army that had invaded and distressed him , but at last being insnared by his Kinsman Mackbeth ( who was pricked forward by Ambition , and a former vision of three women of a Sour-humane shape , whereof one saluted him , Thane of Angus , another of Murray the third King ) he was beheaded . The severity and cruelty of Mackbeth was so known , that both the sons of the murthered King were forced to retire , and yield to the times , whilest he courted the Nobility with largesses : The first ten years he spent virtuously , but the remainder was so savage and Tyrannicall , that Macduff Thone of Fife fled into England to Milcolm , son of Donald , who by his perswasions , and the assistance of the King of England , enterd Scotland , where he found such great accessions to his party , that Mackbeth was forced to fly , his death is hid in a such a mist of Fables , that it is not certainly known . Milcolumb , the third of that name , now being quietly seated , was the first that brought in those gay inventions and distinctions of Honours , Dukes , Marquesses ( that now are become so ayery , that some carry them from places , to which they have as little relation as any , as Island in America , and other from Cottages and Dovecoats ) his first trouble was Forfar Mackbeths son , who claimed the Crown , but was soon after cut off : some war he had with that William , whom we call falsly the Conquerour , some with his own People , which , by the Intercession of the Bishops , were taken up : At length , quarrelling with our William the second , he laid Siege to Alnwick Castle , which being forced to extremity , a Knight came out with the Keys on a Spear , as to present them to him , and yield the Castle , but he not with due heed receving them , was runne through the eye and slain ; some from hence derive the name of Piercy ( how truly I know not ) his sonne and Successour Edward following his revenge too hotly , received some wounds , of which , within a few dayes , he died . Donald Bane ( that is white ) who had fled into the Isles for fear of Mackbeth , promised them to the Kings of Norway , if he would procure him to be King , which was done with ease , as the times then stood , but this Usurper being hated by the People , who generally loved the memory of Milcomb , they set Duncan Milcombs Bastard against him , who forced him to retire to his Isles ; Duncan a Military man , shewed himself unfit for Government , so , Donald waiting all advantages , caused him to be beheaded , and restored himself ; but his Reign was so turbulent , the Islanders and English invading on both sides , that they called in Edgar sonne of Milcolmb , then in England , who , with small assistances , possest himself , all men deserting Donald , who being taken and brought to the King died in Prison . Edgar secure by his virtues , and strengthened by the English alliance , spent nine years virtuously and peaceably , and gave the People leave to breathe and rest after so much trouble and bloudshed . His Brother Alexander , sirnamed Acer , or the fierce , succeeded , the beginning of whose Reign , being disturbed by a Rebellion , he speedily met them at the Spay , which being a swift River , and the Enemy on the other side , he offered himself to foard on horse-back but Alexander Car taking the imployment from him , foarded the River with such courage , that the Enemy fled , and were quiet . The rest of his Reign some say he had the name of Acer , for that some Conspiratours being by the fraud of Chamberlain , admitted into his Chamber , he casually waking first , slew the Chamberlain , and after six of the Conspiratours , not ceasing to pursue the rest , till he had slain most of them with his own hands , this with the building of some Abbeys , and seventeen years Reign , is all we know of him . His Brother David succeeded , one whose profuse prodigality upon the Abbeys brought the revenew of the Crown ( so prevalent was the superstition of those dayes ) almost to nothing , he had many battels with our Stephen about the title of Maud the Empresse , and having lost his excellent wife and hopefull Sonne in the flower of their dayes , he left the Kingdome to his Grandchildren , the eldest whereof was David a simple King , baffled , and led up and down into France by our Henry the second , which brought them to such contempt , that he was vext by frequent Insurrections , especially them of Murray , whom he almost extirpated ; the latter part of his Reign was spent in building of Monasteries , he himself tyed by a Vow of Chastity , would never marry , but left his Successor his brother William , who expostulating for the Earldom of Northumberland gave occasion for a War , in which he was surprized and taken , but afterwards releast upon his doing Homage for the Kingdom of Scotland to King Henry , of whom he acknowledged to hold it , and puting in Caution the Castles of Roxborough ( once strong , now nothing but ruins ) Barwick , Edinburgh , Sterling , all which notwithstanding was after released by Richard Ceur de Lyon , who was then upon an expedition to the Holy War , from whence returning , both he , and David Earl of Huntington , brother to the King of Scots were taken Prisoners : the rest of his Reign ( saving the rebuilding of Saint Johnstone , which had been destroyed by the waters , whereby he lost his eldest Son ; ) and some Treaties with our King John was little worth the memory ; only you will wonder that a Scottish King could Reign fourty nine years and dye in peace . Alexander his sonne succeeded , famous for little , save some Expeditions against our King John , some Insurrections , and a Reign two years longer then his Fathers . His sonne was the third of that name , a boy of eight years old , whose Minority was infested with the turbulent Cumins , who at riper age , being called to accompt , not onely refused , but surprized him at Sterling , governing him at their pleasure ; but soon after he was awaked by a furious Invasion of Acho King of Norway ( under the pretence of some Islands given him by Mackbeth ) whom he forced to accept a Peace and spent the latter part amidst the turbulencies of the Priests ( drunk at that time with their wealth and ease ) and at last having seen the continued funerals of his Sons , David , Alexander , his wife , and his daughter , he himself with a fall from his horse broke his neck , leaving of all his race , onely a Grand-childe by his daughter , which dyed soon after . This mans family being extinguished , they were forced to run to to another Line , which that we may see how happy , expedient , immediate Succession is for the Peace of the Kingdom , and what miseries it prevents ; I shall as briefly and as pertinently as I can , set down . David , brother to King William , had three daughters . Margaret marryed to Allan , Lord of Galloway , Isabell marryed to Robert Bruce , Lord of Annadale and Cleveland ; Ada marryed to Henry Hastings , Earl of Huntington now Allan begot on his wife Dornadilla married to John Baliall after King of Scotland , and other two daughters , Bruce on his wife Robert Bruce , Earle of Carick , ( having married the heretrix thereof , ) as for Huntington he desisted his claime ; The question is , whether Balial in right of the eldest daughter , or Bruce being come of the second ( but a man ) should have the Crown , he being in the same degree , and of the more worthy sex ; the Controversie being tost up and down , at last was referred to Edward the first of that name of England he thinking to fish in these troubled waters , stirs up eight other Competitors , the more to entangle the business , and with twenty four Councellors , half English , half Scots , and abundance of Lawyers , fit enough to perplex the matter , so handled the business , after cunning delayes , that at length he secretly tampers with Bruce ( who was then conceived to have the better right of the businesse ) that if he would acknowledge the Crown of him , he would adjudge it for him , but he generously answering that he valued a Crown at a less rate , then for it to put his Countrey under a Forraign yoke ; he made the same motion to Baliall , who accepted it ; and so we have a King again , by what right we all see , but it is good reason to think that Kings , come they by their power never so unjustly , may justly keep it . Baliall having thus got a Crown as unhappily kept it , for no sooner was he Crowned , and had done honage to Edward , but the Abernethys having slain Macduffe Earl of Fife , he not onely pardoned them , but gave them a peice of land in controversie , whereupon Macduffs brother complainis against him to Edward , who makes him rise from his seat at Parliament and go to the bar , he hereupon enraged , denyes Edward assistance against the French , and renounses his homage , Edward hereupon comes to Berwick takes and kils seaven thosand , most of the Nobility of Fife and Lowthian , and after gave them a great defeat at Dunbar , whose Castle instantly surrendred : After this , he marched to Montrosse , where Baliall resined himself and Crown , all the Nobility giving Homage to Edward , Baliall is sent prisoner to London , and from thence after a years detention into France . Whilest Edward was possest of all Scotland , one William Wallace arose , who being a private man , bestirred himself in the Calamity of his Countrey , and gave the English severall notable foyles . Edward coming again with an Army , beat him ( that was overcome with envy and emulation as well as power , upon which he laid by his Command , and never acted after , but slight Incursions ) but the English being beaten at Roslin , Edward comes in again , takes Sterling , and makes them all render homage ; but at length Bruce , seeing all his promises nothing but smoak , enters into League with Cumen to get the Kingdome ; but being betrayed by him to Edward , he stabbed Cumen at Drumfreis , and made himself King . This man though he came with disadvantage , yet wanted neither patience , courage , nor conduct ; so that after he had miserably lurk'd in the mountains , he came down , and gathering together some force , gave our Edward the second such a defeat near Sterling , as Scotland never gave the like to our Nation , and continued war with various fortune with the Third , till at last , age and Leprosie brought him to his grave . His son David a Boy of eight years , inherited that which he with so much danger obtained , and wisdom kept ; In his minority he was governed by Thomas Randolf Earl of Murray , whose severity in punishing was no lesse dreaded then His valor had been honoured , but he soon after dying of poyson , and Edward Balial , son of John , coming with a Fleet , and strengthend with the assistance of the English , and some Robbers , the Governour the Earl of Mar was put to the rout , so that Balial makes himself King , and David was glad to retire into France ; Amidst these parties ( Edward the third backing Balial ) was Scotland pitifully torn , and the Bruces in a manner extinguished , till Robert ( after King ) with them of Argyle and his own Familie and Friends , begin to renew the Claim , and bring it into a War again , which was carried on by Andrew Murray the Governour , and after by himself ; that David after nine years banishment durst return , where making often Incursions , he at length in the fourth year of his return , march'd into England , and in the Bishoprick of Durham was routed , fled to an obscure Bridge , shewed to this day by the Inhabitants , where he was by Iohn Copland taken prisoner , where he continued nine years , and in the thirty ninth yeare of his Reigne died . Robert his sisters son , whom he had intended to put by , succeeds , and first brought the Stewarts ( which at this day are a plague to the Nation ) into play : This man after he was King , whether it were age or sloth , did little ; but his Lieutenants and the English were perpetually in Action ; he left his Kingdom to John his Bastard Son by the Lady More his Concubine , whom he married , either to Legittimate the three Children ( as the manner was then ) he had by her , or else for old acquaintance ( his Wife and her Husband dying much about a time ) this John would be Crowned by the name of Robert ( his own they say , being unhappie for Kings ) a wretched unactive Prince , lame , and onely governed by his brother Walter , who having David the Prince , upon the complaint of some exorbitancies , delivered to him to take care of , made him to be starv'd ; upon which the King intending to send his Son James into France , the Boy was taken at Flamburgh , and kept by our Henry the Fourth ; upon the hearing of which , his Father swounded , and soon after died : His reign was memorable for nothing , but his breaking with George Earl of March , to whose daughter , upon the payment of a great part of her portion ( which he never would repay ) he had promised his Son David for an husband : to take the Daughter of Douglas who had a greater , which occasioned the Earl of March to make many in-rodes with our Henry Hot-spur ; and a famous Duel of three hundred men a piece , whereof of the one side ten remained , and of the other one , which was the onely way to appease the deadly Feuds of two Families : The Inter-reign was governed by Robert , who enjoying the power , he had too much coveted , little minded the libertie of his Nephew , onely he sent some Auxiliaries into France , who , they say , behaved themselves worthily ; and his slothfull Son Mordac , who making his Sons so bold with indulgence , that one of them kill'd a Faulcon on his fist , which he denied to give him ; he in revenge procured the Parliament to ransom the King , who had been eighteen years prisoner . This James was the first of that Name , and though he was an excellent Prince , yet had a troublesom Reign ; first in regard of a great Pension raised for his Ransome , next for Domestick Commotions , and lastly for raising of money , which though the Revenue was exhausted , was called Covetousnesse , which having offended Robert Graham , he conspired with the Earl of Athol , slew him in his Chamber , his Wife receiving two wounds , endeavouring to defend him . This James left the second , a boy of six years , whose infancy by the mis-guidance of the Governour , made a miserable People , and betrayed the Earl Douglas to death , and almost all that great Family to ruine ; but being supplanted by another Earl Douglas , the King in his just age suffered minority under him , who upon displeasure rebelled , and was kill'd by the Kings own hand ; afterwards having his middle years perpetually molested with Civill broils , yet going to assist the Duke of York against Henry the Sixth , he was diverted by an English Gentleman , that counterfeited himself a Nuncio ( which I mention out of a Manuscript , because I do not remember it in our Stories ) and broke up his Army : soon after besieging Roxburgh , he was slain by the bursting of a Cannon in the twenty ninth year of his Age . James the Third left a Boy of seven years , governed by his Mothe , afterwards the Boyds through the perswasions of Astrologers and Witches to whom he was strongly addicted , he declined to Cruelty , which so inraged the Nobility , that headed by his son , they conspired against him , routing his Forces near Sterling , wherein he flying to a Mill , and asking for a Confessor , a Priest came , who told him , that though he was no good Priest , yet he was a good Leech , and with that stabb'd him to the heart : A Parliament approved his death , and ordered Indemnities to all that had sought against him . James the Fourth , a Boy of fifteen years , is made King , Governed by the murtherers of his Father , a prodigall vain-glorious Prince slain at Floddon Field or as some suppose at Kelsey , by the Humes , which ( as the Manuscript alledges ) seems more probability , in regard that the Iron Belt ( a Ring to which he added every year ) which he wore in repentance for the death of his Father , was never found , and there were many the day of the Battell habited like him . His Successor was his son , James the Fifth of that Name , a Boy of not above two years of age ; under whose minority , what by the Mis-government of Tutors , what by the factions of the Nobility , Scotland was wasted almost into famine and solitude , yet in his just age , he proved an industrious Prince , but could not so satisfie the Nobility but he and they continued in a mutuall hate , till that barbarous execution of young Hamilton , so fill'd him with remorse , ( he dream-that Hamilton came and cut off his Arms , and threatned after to cut off his Head ) and displeased the people . that he could not make his Army fight with the English then in Scotland , whereupon he dyed of grief , having heard the death of his two sons , who dyed at the instant of his Dream , and leaving a Daughter of five dayes old , whom he never saw . This was that Mary , under whose minority ( by the weaknesse of the Governour , and ambition of the Cardinall ) the Kingdome felt all those woes that are threatned to them whose King is a Child . Till at length the prevalency of the English Arms ( awakes for her Cause ) brought the great designe of sending her into France to perfection , so at five years old she was t●ansported , and at fifteen married to the Daulphin Francis , after King , ( whilest her mother , daughter of the Guise , in her Regency , exercised all Rage against the Professours of the pure Religion then in the dawn ) who after two years , left her a childlesse Widow , so that at eighteen she returned into Scotland to succeed her Mother ( then newly dead ) in her exorbitoncies . This young Couple in the transport of their Nuptiall solemnities , took the Arms and Title of England ; which indiscreet Ambition we may suppose first quickned the jealousie of Elizabeth against her , which after kindled so great a flame . In Scotland she shewed what a strange influence loose education hath upon youth , and that weaker Sex , all the French effeminacies came over with her , the Court lost that little severity which was left . David Rize was the onely Favourite , and it too much feared , had those enjoyments which no woman can give , but she that gives away her honour and chastity . But a little after , Henry Lord Darnly , coming with Matthew Earl of Lenox his father into Scotland , she cast an eye upon him , and married him . Whether it were to strengthen her pretension to England , he being come of Henry the Sevenths Daughter , as we shall tell anon , or for to colour her Adulteries , and hide the shame of an impregnation , ( though some have whispered , that she never conceived , and that the son was supposititious ) or some Phrenzy of affection drew her that way ; certain it is she soon declined her affection to her husband , and encreased it to David ( he being her perpetuall Companion at Board , and managing all Affairs , whilst the King with a contemptible train was sent away ) insomuch that some of the Nobility that could not digest this , entred a Conspiracy , which the king headed , and slew him in her Chamber . This turn'd all the neglect of her Husband into rage , so that her chiefest businesse was to appease her Favorites Ghost with the slaughter of her Husband ; poyson was first attempted , but it being ( it seems ) too weak , or his youth overcoming it , that expectation failed . But the Devil and Bothwel furnish'd her with another that succeeded , she intices him being so sick , that they were forc'd to bring him in an horse-litter to Edenburgh , where she cherisht him extreemly , till the credulous young man began to lay aside suspition , and hope better ; so she puts him in a ruinous House near the Palace , from whence no news can be had , brings in her own bed , and lyes in the House with him ; and at length when the Designe was ripe , causes him one Sunday night , with his servant , to be strangled , thrown out of the window , and the House blown up with Gun-powder , her own rich bed having been before secretly conveyed away . This and other performances made her favour upon Bothwel so hot , that she must marry him , the onely obstacle was , he had a Wife already ; but she was compell'd to sue for a Divorce , which ( so great Persons being concern'd ) it was a wonder , was in granting so long as ten dayes . Well , she marries but the more honest nobilitie amazed at those exorbitances , gather together , and with arms in hands begin to expostulate : The new-married people are forc'd to make back Southwards , where finding but slender assistances , and the Queen foolishly coming from Dunbar to Leith , was glad at last to delay a parley till her Dear was escaped and then ( clad in an old tottered coat ) to yield her self a prisoner . Being brought to Edenburgh , and used rather with hate of her former enormities , then pity of her fortune , she received a message , that she must either resign the Crown to her son James ( that was born in the time of her marriage with Darnby ) or else they would proceed to another Election , and was forc'd to obey : So the Child then in his Cradle was acknowledged James the Sixth , better known afterwards by the Title of Great Brittain . The wretched mother flying after into England , was entertained ( though with a Guard ) by Queen Elizabeth , but after that being suborned by the Papists , and exasperated by the Guizes , she entered into plots and machinations , so inconsistent with the safety of England , that by an Act of Parliament she was condemned to death , which she after received by an hatchet at Fothering-gay Castle . The infancy of her son was attended with those Domestick evils that accompany minority of Kings : In his youth he took to wife the Daughter of Denmark ( a woman I hear little of , saving that Character Salust gives Sempronia , she could saltare elegantius quam necesse est probae ) with whom he supposing the Earl Gowry too much in League , caused him and his brother to be slain at their own House whither he was invited , he giving out , that they had an intent to murther him , and that by miracle , and the assistance of some men ( whom he had instructed for that purpose , and taught their tale ) he escap'd . For this Deliverance ( or to say better assasination ) he Blasphemed God with a solemne Thanksgiving once a year all the remainder of his life . Happy had it been for us , if our fore fathers had laid hold of that happy opportunity of Elizabeths death ( in which the Teuthors took a period ) to have performed that which ( perchance in due punishment ) hath cost us so much blood and sweat , and not have bowed under the sway of a Stranger , ( disdained by the most generous and wise at that time , and onely supported by the Faction of some and sloth of others ) who brought but a slender title , and ( however the assentation of the times cryed him up a Solomo ) weak commendations for such an advancement . The Former stood thus , Margaret , eldest daughter to Henry the Seventh , was married to James the Fourth , whole Son , James the Fifth , had Mary the Mother of James the Sixth . Margaret after her first Husbands death , martyrs Archibald Douglas , Earl of Angus , who upon her begot Margaret , wife of Matthew Earl of Lenox , and Mother of that Henry Darnly , whose Tragical end we just now mentioned . Now upon this slender Title , and our internal dissentions ( for the Cecilians and Essezians , for several ends , made perpetual applications ) got Jammy from a Revenew of 30000. li. to one of almost two Millions , though there were others that had as fair pretences ( what else can any of them make ) the Statute of 25. Ed. 3 expresly excluding Forreigners from the Crown ? and so the Children of Charls Brandon by Mary the Second Daughter , Dowager of France , being next to come in . And the Lady Arbella , being sprung from a third Husband , ( the Lord Stewart ) of the said Margaret , and by a Male Lyne , carried surely a formidable pretention ( it should seem ) that even that iniquitie which was personally inherent to her , made her dayes very unhappy and most part captive , and her death ( 't is thought ) somewhat too early , so cruel are the Persecutions of cowardly minds , even against the weakest and most unprotected innocence . And indeed his right to the Crown was so satisfactorie even to the most judicious of those days ; that Tobie Matthew having a suit about some priviledges which he claimed to his Bishoprick ( which was then Durham ) wherein the King opposed him ; having one day stated the Case before some of his friends , and they seeming to approve of it ; yes , sayes he , I could wish he had but half so good a Title to the Crown ; and 't is known that some speeches of Sir Walter Rawley , too generous and English for the times , was that which brought him to Trial and Condemnation for a feigned crime , and afterwards so facilitated that barbarous design of Gundamar , to cut of his head for a crime , for which he was condemned fourteen years before , and which by the Commissions he after received ( according to the opinion of the then Lord Chancellour , and the greatest Lawyars ) was in Law pardoned . This may besides our purpose , but we could not sever this Consideration , unless we would draw him with an half face , and leave as much in umbrage as we expressed . That which most solemnized his Person , was , first the consideration of his adhering to the Protestant Religion , whereas we are to consider that those slieght velitations he had with Bellarmine and the Romanists , tended rather to make his own Authoritie more intrinsecally intense , and venerable , then to confute any thing they said , for he had before shakt them off , as to Forreign Jurisdiction , and for matter of Poperie , it appeared in his latter time that he was no such enemie to it , both by his own Compliances with the Spanish Ambassadours , the design of the Spanish Match ( in which his Son was personally imbarkt ) and the slow assistances sent to his Daughter , in whose safetie and protectiod Protestantism was at that time so much concerned . For his knowledge , he had some glancings and niblings , which the severitie of the excellent Buchanan , forc'd into him in his younger time , and after conversatian somewhat polisht , but though I bear not so great a contempt to his other works , as Ben. Johnson did to his Poetrie , yet if they among many others were a going to the fire , they would not be one of the first I should rescue , as possibly expecting more severe and refin'd judgement in many other . And knowing that he that had so many able Wits at command , might easily give their their Oracles through his mouth : but suppose the things generous and fit to live ( as I am not yet convinced ) yet what commendations is this to a King ( who should have other ausinesse then spinning and weaving fine Theories , and engaging in School Ciquaneries ) which was well understood by Henry the fourth , who hearing some men celebrate him with these Attributes ; yea ( answers he very tartly ) He is a fine King , and writes little Books . 'T is true , he was a good droll , and possibly after Greek Wine somewhat factious . But for substantiall and Heroick Wisdome , I have not heard any great instances ; he himself used to brag of his kingcraft , which was not to felicifie his People , and prosecute the ends of a good King ; but to scrue up the Prerogative , divert Parliaments from the due disquisition and prosecution of their freedoms , and to break them up at pleasure , and indeed his rendition of the Cautionary Towns of the Low Countreys , and that for so small a sum , shewed him a person not so quick-sighted , and unfit to be overreach'd . For his peaceable Reigne , Honourable and just Quarrels he wanted not , but sloth and cowardize withheld him , and indeed the ease and luxury of those times , fomented and nourished those lurking and pestilent humours , which afterwards so dangerously broke out in his Sons Reign . We shall not trouble his ashes with the mention of his Personall faults , onely , if we may compare Gods Judgements with apparant sinnes ; we may find the latter end of his life , neither fortunate nor comfortable unto him , His wife distasted by him , and some say , languishing of a foul disease ; his eldest son dying , Nimis apertis indiciis , of Poyson , and that as is feared by a hand too much allied : His second ( with whom he ever had a secret Antipathy ) scarce returned from a mad and dangerous voyage ; His daughter ( all that was left of that sex ) banish'd , with her numerous issue , out of her husbands Dominion , and living in miserable exile ; and lastly , himself dying of a violent death ( by poyson ) in which his Son was more then suspected to have an hand , as may be infer'd by Buckinghams Plea , that he did it by the Command of the then Prince ; his own dissolution of the Parliament that took in hand to examine it ; and lastly , his indifferency at Buckinghams death ( though he pretended all love to him alive ) as glad to be rid of so dangerous and so considerable a Partner of his guilt ; yet the Mitred Parasites of those times , could say , one went to Heaven in Noahs Ark , the other in Elisha's chariot , he dying of a pretended Feaver , she ( as they said ) of a dropsie . Charles having now obtain'd his Brothers inheritance , carried himself in managing of it , like one that gain'd it as he did . The first of his Acts , was that glorious attempt upon the Isle of Rhee . The next that Noble and Christianly betraying of Rochell , and consequently in a manner the whole Protestant interest in France . The middle of his Reign was heightening of Prerogative and Prelacy , and conforming our Churches to the pattern of Rome ; till at last just indignation brought in his Subjects of Scotland into England , and so forc'd him to call a Parliament ; which though he shamelesly say in the first line of the Book ( call'd his ) was out of his own inclination to Parliaments , yet how well he lik'd them may appear by his first tampering with his own Army in the North , to surprize and dissolve them , then the Scots ( who at that time were Court-proof ) then raising up the Irish Rebellion , which hath wasted Millions of lives ; and lastly , open secession from Westminster , and hostility against the two Houses , which maintain'd a first and second sharp War , which had almost ruined the Nation , had not Providence in a manner immediately interposed and rescued us to liberty , and made us such signall Instruments of his vengeance , that all wicked Kings may tremble at the example . In a word never was man so resolute and obstinate in a Tyrannie , never people more strangely besotted with it , to paint the Image of David with his face , and Blasphemously paralel him with Christ , would make one at first thought think him a Saint : But to compare his Protestations and actions ; his actions of the day , his actions of the night , his Protestant Religion , and his Courting of Pope , and obedience to his wife , we may justly say , he was one of the most consummate in the Arts of Tyranny that ever was . And it could be no other then Gods hand that arrested him in the heighth of his Designs and greatnesse , and cut off him and his Familie , making good his own Imprecations upon his own head . Our Scene is again in Scotland , who hath accepted his Son , whom for distinction sake , we will be content to call Charls the Second . Certainly these People were strangely blind as to Gods judgement perpetually poured out upon a Familie , or else to their own interest , to admit the spray of such a stock ; one that hath so little to commend him , and so great improbabilitie for their designs and happiness , a Popish ( or very near it ) education , if not Religion too ( however for the present he may seem to dissemble it , France , the Jesuites and his Mother good means of such improvement ) the dangerous Maxims of his Father , ( besides the revenge he ows his death , of which he will never totally acquit the Scots ) his hate to the whole Nation , his sence of Montrosse his death ; his backwardnesse to come to them till all other means failed ( both his Forreign begg'd Assistances , his Propositions to the Pope , and Commissions to Montrosse ) and lastly , his late running away to his old friends in the North ; so that any man may see this his Compliance to be but Histrionical and forc'd , and that as soon as he hath led them into the snare , and got power into his own hands , so as he may appear in his own visage ; he will be a scourge upon them for their gross hypocrisie , and leave them a sad instance to all Nations , how dangerous it is to espouse such an interest , which God with so visible and severe a hand fights against , carried on by , and for the support of a Tyrannizing Nobilitie and Clergie , and wherein the poor People are blindly led on by those affrighting ( but false and ungrounded ) pretensions of perfidy and perjury , and made instrumentall with their own estates and bloud , for the enslaving and ruining themselves . FINIS . A58824 ---- Children of Beliall, or, The rebells wherein these three questions are discussed : I. whether God or the people be the author and efficient of monarchie? II. whether the King be singulis major, but universis minor? III. whether it be lawfull for subjects to beare armes or to contribute for the maintenance of a warre against the King? T. S. This text is an enriched version of the TCP digital transcription A58824 of text R8516 in the English Short Title Catalog (Wing S2082). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 59 KB of XML-encoded text transcribed from 14 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A58824 Wing S2082 ESTC R8516 13247454 ocm 13247454 98669 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A58824) Transcribed from: (Early English Books Online ; image set 98669) Images scanned from microfilm: (Early English books, 1641-1700 ; 438:10) Children of Beliall, or, The rebells wherein these three questions are discussed : I. whether God or the people be the author and efficient of monarchie? II. whether the King be singulis major, but universis minor? III. whether it be lawfull for subjects to beare armes or to contribute for the maintenance of a warre against the King? T. S. Scott, Thomas, 1580?-1626. Swadlin, Thomas, 1600-1670. [4], 23 p. s.n.], [London? : 1647. "To his honoured friends" signed: T.S. Variously attributed to Thomas Scott and Thomas Swadlin. Cf. Wing; NUC pre-1956. Place of publication from Wing. Reproduction of original in Huntington Library. Marginal notes. eng Divine right of kings. Monarchy. Great Britain -- Politics and government -- 1642-1649. A58824 R8516 (Wing S2082). civilwar no Children of Beliall, or, The rebells. Wherein these three questions are discussed: I. Whether God or the people be the author and efficient Swadlin, Thomas 1647 10489 21 45 0 0 0 0 63 D The rate of 63 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2005-10 TCP Assigned for keying and markup 2006-01 SPi Global Keyed and coded from ProQuest page images 2006-04 Emma (Leeson) Huber Sampled and proofread 2006-04 Emma (Leeson) Huber Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion Children of Beliall , OR , THE REBELLS . Wherein these three Questions are discussed : I. Whether God or the People be the Author and Efficient of Monarchie ? II. Whether the King be Singulis major , but Universis minor ? III. Whether it be Lawfull for Subjects to beare Armes , or to Contribute for the maintenance of a Warre against the King ? MAT. 12.30 . Hee that is not with me , is against me , &c. Printed in the Yeere , 1647. TO HIS HONOVRED FRIENDS , Sr. G. C. AND HIS VERTUOUS LADIE , A. Sir , Madam , YOu have beene informed of my Loyalty , and beleeve it ; I have felt your Charity , and acknowledge it : That the World may say , I dyed a loyall Subject , and a thankefull Servant , I have left these lines as a testimony of both , from him that was while he lived , Sir , Madam , Your Beads-man , T. S. Some few faults have escaped , which the Reader is intreated thus to Correct . Pag. 13. line 26. read sine . ibid. l. 36. r. distinction . p. 14. ult. r. ipse . p. 15. l. 3. r. Regali . p. 16. marg. Pars for Ps. 1 Sam. 10.27 . The children of Belial said , How shall this man save us ? and they despised him , and brought him no presents . THis latter , and therefore this wicked age , hath broached three seditious questions : the questions were heretofore brewed by Bellarmine and his fellow Jesuites , by Buchanan and his fellow Schismaticks : and this age , this Jesuiticall , Schismaticall age hath practically broached , what they but speculatively brewed . Viz. 1. Whether God or the people bee the author and efficient of Monarchy ? 2. Whether the King be onely Singulis major , but Universis minor . 3. Whether it be lawfull for Subjects to beare armes , or to contribute for the maintenance of a warre against the King ? And this age , this wicked age , resolves these questions just to the peoples humour ; and saith , 1. The people are the author of Monarchie : 2. The people represented , are greater then the King . 3. It is lawfull to contribute for the maintenance of a War , or to beare armes against the King . But to make good that old Adagie , Quod vulgo placet , sapienti displicet , the Prophet Samuel , in this Chapter , in this verse , resolves cleane contrary , and tells us , 1. That God , and not the people , is the efficient of Monarchie : So he saies , v , 24. See yee him , Quem populus elegit ? at no hand ; but Quem elêgit Deus , see ye him whom the Lord hath chosen : The King hath his power , not precario , by the peoples curtesie , but Dei gratiâ . 2. That the King is greater then the people , not only in piece-meale and particulars , but also in grosse , and generall ; so he saies againe ; v. 23 24. He , the King , stood amongst the people and was higher then all the people by the shoulder and upwards ; not only in stature , but also in power , and therefore all the people shouted and saied , God save the King . 3. That contributions to maintaine a war , or to war against the King , are unlawfull , utterly unlawfull , because the King is to be assisted in his wars by the people ; And they are here marked Carbone , for children of Belial , who brought him no Presents : Certainely they are ten times more the children of Belial , who bring Presents against him . Indeed this Text within its owne verge resolves these three questions . 1. In the description of Rebells ; they are children of Belial . 2. In the expostulation , the saucie expostulation of Rebells , How shall this man save us ? 3. In the condition of Rebells , the condition positive , and the condition privative ; positively , they despise the King , and privatively , they bring him no Presents . 1. The result of the whole falls into these particulars . ● . They account the King but as one of themselves , and as one chosen by themselves ; and therefore they saied , How shall this man save us ? And therefore they are called the children of Belial : Had they looked a little higher , and observed how God chose him out of them , they would then have believed , that God by him would save them ; because God chose him out of them for this very end and purpose , to be the King over them , and Protectour of them . 2. They looked upon themselves Aggregation , and in conjunction , and thought themselves in that bulke and collection greater then him ; and therefore they despised him ; and therefore they are called the children of Belial : Had they looked upon him as the Head of that Body , whereof themselves were our members , they would have confessed , that neither some of the principall Members representatively , nor all the Members collectively had been worthy of comparison with him ; and that he , the King , had been greater , not only then any one asunder , but then All together also . 3. They looked upon their enemies , how strong they were , and upon themselves , how numerous , how copious , and therefore how well able to defend themselves ; and therefore they brought him no presents , and therfore they are called the children of Belial ; and therefore not only by symbolical , but also by rationall Divinity : It is unlawfull to contribute for the maintenance of a war , or to beare armes against the King . I begin with the first , the description of Rebels , in the first words ; the children of Belial saied : And first , what is here meant by Belial ? Why , as Christ tacitely tells his Disciples there are many kindes of Divells , when he saies expressely , this kinde goes not out , but by fasting and prayer ; so the Prophet Samuel here tells us , that there are divers names of Divells , or the Devill hath divers names , and this of Belial is not the best . V. G. Sometimes he is called Daemon , for his knowledge ; sometimes Satan , for his malice ; sometimes Beelzebub , for his filth ; sometimes Diabolus , for his traduction and accusing of man ; sometimes as heere , Belial , for his rebellion , and casting off the yoke of obedience , for contending against him , as much as in him lyes , by whom he should , and shall at last be controuled ; for Belial signifies Absque jugo , or Absque Dominio , a Masterlesse Imp , and it is not unworthy your remembrance ; That wheresoever people are so called , children of Belial ; disobedience and rebellion are the ground of it . But what then ? Did the Divel beget these men in my Text ? or else , how and why are they called the children of Belial ? No , the Divell cannot beget children ; neither , 1. As the common cause ; for so Sol in concurrence with man generat hominem ; nor , 2. As the proper cause , either a sirvile genere , or a simile specie ; nor , 3. As the materiall cause ; for he is not Spermaticall . They are then here called the children of Belial , not by any naturall or virtous generation , but by a vitious and sinfull imitation : As Christ told the Jewes , that they were of their Father the Divell , because they sought to kill him , and belye him , and gives the reason of it , for the Divell is a murtherer from the beginning , and the Father of lies : So here the Prophet Samuel calls these men the children of Belial , i. e. of the Divell , because they by his example and tentation sought to shake and cast off the yoke of obedience : And therefore they barely apprehended the King , as a creature of their owne , and chosen by themselves , or of faction amongst themselves , saying , How shall this man save us ? And this brings me to the examination of the first question , viz. whether God or the People be the Author of Monarchie ? To this is is answered by the children of Belial for the people ; saying , How shall this man , This man , and no more , save us ? But by the Prophet of God , it is resolved for God , saying , see you him whom the Lord hath chosen ? And now , Beloved judge your selves , whether it is fitter to obey God or man , as the Apostles spake in another case ? Whether it be fitter to believe the children of Belial , who from their Father have learnt to speake nothing but lies , or the Prophet of God , who from the spirit of God can speake nothing but truth ? If I thought there were any children of Belial here , I would for their sakes examine this question to the full , either to call them by repentance to acknowledge the truth , and doe their duty , or that they might with more security , and lesse excuse wander to hell : If there be any such Divell in Samuels mantle here , any complyer here with the children of Belial , elsewhere , let him at least know the truth , and if he will be blessed , let him doe it too . The very worke of creation speaks this truth ; God made many Angels , he made but one man , and yet he could , if he would have made as many Legions of men upō earth , as of Angels in Heaven : He could , but he would not ; would you know the reason of it ? Truely I dare not prie into this Cabinet ; such secrets of State are not for the Commons ; yet according to my evidence , I shall dare shew you the outside of it ; thus : God found not heaven it selfe free from mutinie amongst a multitude of inhabitants , and therefore to take off all colour of Rebellion , and to prevent all pretence to disobedience against Soveraignty , he made but one man ; one , and no more ; hereby teaching us , That the power of a King over his Subjects is as naturall as the power of a Father over his children ; that the power and person of a Monarch is from God , and not from the people , and so to be acknowledged by the people : Sic fuit ab initio . And this is acknowledged by Aristotle , who was led only by the light of nature , and saw as far into the Lawes of nature , as ever man did : At first , saith he , Regall Power belonged to the Father of the Familie , and he gives this reason for it ; because in the infancie of the world , the Fathers were so grandevous & lived so long , that each Father begot such a numerous Posterity as might people a whole Country : And therfore Regal power over them as Subjects was no lesse from God , then Paternall power over them as children . Will you heare another Naturalist , little inferiour to this , say the same ? Principio rerum , Gentium nationumque , Imperium penes Reges erat ; The Rule of Nations , of all Nations , was in the hands of Kings from the beginning , and the people had no more right to chuse their Kings , then they had to chuse their fathers , because the Kingly Right appertained to the Father of the Family : Sic fuit ab initio . And so it hath continued ever since , and in all places . Looke else upon Moses the first Catholick and visible King of the Jewes ; ( the Sanhedrim was but his great Counsell ) He was fully perswaded that God had appointed him to be Israels deliverer : And when God called him , he alone called him , not with the people , not to the people , for their approbation by vote , but to Pharoh for the execution of his owne justice : And all this to tell the people , that yet they had nothing to doe in the appointment of a King : That God himselfe and he only , he inclusively , and he exclusively , is the efficient of Monarchie . When afterward God left them to themselves , and gave them no Kings , and that monster the Multitude took the power into their owne hands ; O , what hideous births did they produce ? Licentiousnesse instead of the Subjects Libertie , Rapes , and Rapines , instead of the Subjects propriety ; enough to affright people from affecting any kinde of government whereof God himselfe is not the immediate efficient : And he is not so the immediate efficient of any kinde of government as of Monarchy . Well , afterwards when God in mercy looked upon their misery , and gave them a little refreshment in the succession of two Judges , Eli & Samuel , & they were weary of this government , and would needes have a King to governe them , as the Nations had : Why , even then God did not give them leave to chuse one themselves ; but he himselfe appointed one over them , even Saul , of whom Samuel saies , see yee him whom the Lord hath chosen ? It is still to tell them , that God is the Author of Monarchie , and not the people . And was it not so afterwards ? What else meanes Solomons Per me Reges regnant ? That 's for the Jewes , you le say ; It is true , and it is as true of the Nations too ; what else meanes Isaiah's Vnctus Cyrus ? Daniel speakes them both : The most high ruleth in the Kingdome of men , and giveth it to whomsoever he will ; marke it , God gives it , not the people , and God gives it to whomsoever he will , not to whomsoever the people will . Thus it was in the daies of Moses and the Prophets ; and was it not thus in the dayes of Christ and his Apostles ? Why else did Christ acknowledge Pilates power to be de super ? Why else doth St. Paul say , the Powers that bee , are ordained of God . That Objection of Jeroboam , that he was a King of the peoples making , doth not soile this truth a jot , for Jeroboam confesses himselfe to be but an usurper , saying , This people will returne to their owne Lord , if they doe sacrifice in Jerusalem : We have good hope , if ever our old Religion be set up , this new rebellion must goe downe : And it concernes you , Gentlemen , to looke to it to the establishing of our Religion , Nor does that reply from Saint Peter any more helpe this lame cause ; where he calls Monarchie the Ordinance of man . For Saint Peter speakes of the finall cause of Monarchie : It is for the good of man ; and Saint Paul speakes of the efficient cause ; it is ordained of God . Pareus himselfe , Pareus confesseth as much , saying , The very word {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} ad Deum primum authorem nos revocat ; this word Creation , shewes plainely that God is the author of Monarchie . Thus it was in the dayes of Moses and the Prophets ; thus it was in the dayes of Christ and his Apostles ; and hath it not been so in the dayes of Christians ever since . Looke else upon Athanasius for the Primitive Fathers ; the power of Kings is of God : looke else upon Aquinas , for the Schoolemen , All Kings are Gods ordinance , even wicked Kings to punish the peoples sinnes : looke else upon Luther , for the moderne Writers ; Yee ought not to reject the Prince whom God hath set over you : It was his answer to the assembly of the German Rebells . Thus it was in the dayes of Moses and the Prophets ; thus it was in the dayes of Christ and his Apostles ; thus it was in the dayes of Athanasius and the Primitive Fathers ; thus it was in the dayes of Aquinas , and the subtle Schoolemen ; thus it was in the dayes of Luther , and our honest Grandfathers . But hath it beene so with the Kings of England ? looke else upon his Rights , looke else upon his power . 1. His right to the Crowne is by birth , not by election : he hath it not by the peoples votes , but by Gods blessing , and hereditary succession : King Charles that now is , and long , and long may he so be , was King of England , Scotland , and Ireland , so soone as ever King James was dead , by the Law of Birth-right ; and so had beene , though he had not yet received the ceremonie of Coronation : Henry 6. was not crowned untill the ninth yeare of his Raigne , and yet he was King the eight preceding yeares . 2. His power is universall , in all Causes , over all Persons , both Ecclesiasticall and Civill : So is his Power Military ; he may , the people may not , ( de jura ) proclaime war , and establish peace : So is his power curiall ; no Court , not the Court of Parliament can meet , but by the Kings authority ; yea , the Court of Parliament it selfe was at first devised , framed , and instituted by the Kings of England ! O fortunatos Anglos bona si sua nô rint : So is his power officiall ; He bestowes all offices , the Lord Keeper , the Lord Treasurer , the Lord Chamberlaine , and all the rest acknowledge the King their only Patron and Donor ; and lastly such is his power origenall , and that runs thus , Carolus Dei gratia , not , Carolus electione Populi . The King hath under him free-men and slaves , saies Bracton , but he is under none but God : And it may be said of our King in his Chaire-Royall , as it was said of Solomon , That he then sits , not in solium Populi , as if they made him King ; but in solium Domini , because he is , what he is , Charles , by the grace of God , of England , Scotland , France , and Ireland , King , &c. And may Almighty God with his grace , by which he made him King , continue him in his Kingdomes , and restore him to his power , that he may punish all those men of Belial , who say , they made him King , and He shall no longer raigne over them ; yea , O God , let all those Children of Belial taste of thy mercy , and the Kings justice , who say , how shall this man save us ? And so deny his Authority to come from thee , and despise him because they conceive him lesse then the whole Body , though greater their particular Members . Amen . It is my second part , and I am now to discusse it ; I called it the positive condition of Rebells : They despised him : And first what is the meaning of these words , they despised him ; why the meaning of this consists in these three branches . 1. They did malè cogitare , and so came within the compasse of Solomons prohibition , curse not the King in thy thought . A thought of despising the King is treason , as well as a word , and a word as well as an action : So it is said of the intentions of Bigthan and Texesh , Traitors they were , and yet they never came to an insurrexerunt , or any act of treason , but only to a voluerūt , a bare intention , they sought , or , they thought to lay hands upon King Abasuerus , and for this very thought they were hanged : And as the Law of God , so the Law of this Kingdome construes a bare purpose against the King , a despising thought of the King , to be treason , and makes it deadly my prayer therefore is : Convert them O God ; if they will not bee converted , confound them O God , as many as have evill will against my Lord the King , and do malè cogitare , despise him in their thoughts . 2. They did malè dicere , saying , How shall this man save us ? and so came within the compasse of Moses his prohibition , thou shalt not speake evill of the Ruler of thy people : A word against the King is treason , as well as a thought , or action ; greater treason then the thought , and lesser then the action : And they that now word it against the King , if they be of the Clergy , they are of Balaams ordination ; because they curse whom God hath blessed : And he was killed with the sword ; If they be of the Laietie , they are of Shemeies condition , because they revile whom God hath anointed ; and he was put to a violent and shamefull death : And at this time by the Law of this Kingdome , there stands one Pym endited and arraigned for saying , He would , if he could , embrue his hands in the bloud of King Charles ; my prayer againe is : Convert them , O God , convert them , If they will not be converted , confound them O God , and let them perish , as many as speake evill of my Lord the King , and doe malè dicere , despise him with their tongues . 3. They did malè facere ; for they brought him no presents , and so came within the compasse of King Davids prohibition , thou shalt not stretch forth thy hand against the Lords Anointed ; ( And drawing our hand back from the Lords Anointed is equivalent ) I know King David there speakes by an interrogative , quis , who can ? But I know withall that that interrogation , quis , is a most tryumphant Negative , and saies nullus , no man can , unlesse he will bring guilt upon his owne soule : Absolon did against his Father the King , and was both hanged and stabbed for it ; Robert late Earle of Essex did , and was beheaded for it , and how many in the same conspiracy were hanged , you may reade in that story ; my prayer againe is : Convert them , O God , Convert them , and returne them to their duety of Loyalty to thine Annointed ; if they will not be converted , confound them O God , as many as lift up their hands against , or withdraw their hands frō my Lord the King . You see what is meant by these words , they despised him ; will you now see why they despised him ? Why , it was because they looked on him as a single man , how shall this man save us ? Happily they thought him greater then any one of themselves in particular ; but they thought themselves in a collective or representative Body greater then the King ; and this brings me to my 2a . 2ae . and the unfolding of my second question , which is , Whether the King be Singulis major , but Vniversis minor ? But of the first branch of this question , I shall not neede to speake ; for that the King is singulis major , no man denies ; or if any , onely such as are more Beasts then men , and live more by sense then reason , or rather , have lost both their sense and reason . My enquirie therefore is upon the other branch of this question : viz. Whether the King bee universis minor , lesse then the body representative ? This is the thing in agitation in this wicked age , and affirmed by wicked men , the children of Belial . But how truely they affirme it , you may see : First , by their Sophistrie : and secondly , by our verity grounded upon Scripture , Fathers , Reason , and the Law of England . 1. They tell us , the fountaine or cause of the King is greater then the King ; but the people representative is the cause and fountaine of the King . But with their favour , that Axiome upon which they build , Quicquid efficit tale est magis tale , though it bee alwayes true , Ante effectum productum , yet it is often false , Post effectus productionem : V : G : The fountaine was once more water then the river , the sparke was once more fire then all the wood in the chimney , but it is not so . And indeed , the assumption is never true , for the people is not the fountaine or efficient of the King , God is ; I have shewed it before , and thither I referre you . And yet , were it true , why , yet it would not follow , that therefore the people are greater then the King : For that Axiome is true onely in those agents , in whom the quality by which they worke is inherent , and from whom it cannot be separated : But the people ( if they had power to make the King ) have by that Act divested themselves of that power ; and the King is not under them , but over them ; and not onely over them , Sigillatim , but also Conjunction ; else the body representative need not petition him ; for they might command him , they need not else call him their Soveraigne , but their fellow-subject , they need not else write , To the Kings most excellent Majestie ; but , To our very loving friend : But you know the usuall style of the body representative ; to the Kings most excellent Majestie ; We your Majesties most humble subjects in this present Parliament assembled ; and this I hope is no complement , or pro formâ tantum : Sure I am they call God to witnesse it , and so by their owne practise and confession , the King is , not onely singulis , but also universis major . 2. And so secondly , the Scripture sayes as much ; for when that Army Royall was to joyne Battell against Absolon the Generall of the Rebels , and his Rebell-Armie ; and David the King had appointed his three chiefes over all his Cavalrie and Infantrie , Joah , Abishai , and Ittai , and said , Hee would go forth himselfe to battell , No said the people , the people represented the great Councell , the Councell of Warre , and the Councell of State : they all desire him to forbeare , and tell him , It is not safe for him to go along with them ; and why ? What reason have they for it ? marry the best reason in the world , salus Populi , salus Regui , both depending upon the safety of the King : If we flie away , they will not care for us , neither if halfe of us die , will they care for us but now thou art better then 10000. of us : id est , Thou art worth us all , thou art better then us all , thou art over and above us all . And so much sayes God himselfe , when speaking of the King , he sayes , I have exalted one chosen out of the people ; Marke it , it is Vnum electum è populo , not a populo ; and that one so chosen by God , God hath exalted ; and over whom hath God exalted him ? over the people sure , or over no body , and not over this or that part of the people , but over the people indefinitely : i.e. over all the people generally and universally . The New Testament too speakes the same , {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} . In which words the body collective , and the body representative , are both subordinated to the King : the body collective is the people ; and sayes Saint Peter to them , Submit your selves , the body representative is the inferiour Magistrates , the Peers , Nobles , and Counsellors , call them what you please , the House of Peeres , and the House of Commons ; and saies Saint Peter of them , They are Governours sent by him , id est , by the King : for {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} cannot here relate to any word but {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , else there had beene an absurditie , and if there were a {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} to {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , there were an impossibility too , as absurd to suppose one Kingdome to have two supremes , as one Firmament to have two Sunnes , and as impossible to grant obedience to two supremes commanding contrary things , as to serve two masters . In a word , the inferiour Governours are made by the cheife , and who is the chiefe but the King ? God only made the King , and the King only makes Inferiour Magistrates ; ( for they are sent , or made only by him ; ) God only can de jure unmake the King , and the King only can de jure unmake the Inferiour Magistrates ; And therefore , they are not coordinate with him , but subordinate to him . If now you believe Samuel the Prophet , or St. Peter the Apostle , or God himselfe , the King is as well universis , as singulis major : id est , in plaine English , Greater then people , or Parliament : viz. where the King and Parliament are distinguished ; for the Parliament is sent , or made , or calld to be a Parliament by the King . And hath it not been so ever since ? looke else upon Tertullian for the Primitive Fathers , We account the Emperour Soveraigne over all , and acknowledge him subject to God alone : Looke else upon Aquinas for the Schoolemen , if a successive King , or King by inheritance turne Tyrant , recurrendum est ad omnium Regem , Deum , we must have recourse to God alone , because God onely hath power over Kings . And sayes Gregory Turonensis to Childerick that King of France , You may chastise us if we transgresse , but if you exceed your limits , who may chastise you ? None , no man , no assembly of men , who but God ? surely then the King is above all men in the judgement of Divinity . And is he not so in the judgement of reason ? why else doe we call the Ring Sponsus Regni ? and at his Coronation he is wedded to the Kingdome with a Ring : Why else doe wee call the King Caput Regni ? not of these or those perticular Members , but Regni , of all the members in the kingdome : For all the members in their politick capacity make but one body , and hath one body any more then one head ? and hath not every body a head ? else it is a monster , or a carkasse : Nec populus Acephalus corpus vocari meretur ; quia ut in naturalibus capite detruncato , Residuum non corpus , sed truncum appellamus ; sic in politicis sive capite communitas nullatenus corporatur : And certainely if the King makes the community a body , and the community without the King is not a boby , the King is above the community , for the head is above the body . To these two Denominations , I adde a third ; the King is Oecenomus , or Pater familias : the kingdome is Familia , the King is Dominus , the kingdome Domus , and that Criticisme is ● truth ; Dominus domni praeest , as well in universis , is singulis . Agesilaus foresaw the danger of this Destruction and therefore to a Citizen of Sparta , that desired , an alteration of Government , he returned this answer , That kind of rule which a man disdaines in his owne house , is very unfit to govern a Kingdome by : You disdaine that your Wife , Children , Servants , the Representative body of your little Kingdome , should carry themselves over you , and command you ; it is a gracelesse Familie that does so , and they are gracelesse and rebellious Subjects , that say , They are , or esteeme themselves to be above the King . They that say so , speake against reason , for the King is sponsus , and the People sponsa ; for the King is Caput , and the people Corpus ; for the King is Pater , and the people Filij ; for the King is Dominus , and the people servi . They that say so , speake against Divinity : for it hath been the universall opinion of all the Fathers , of all , I bate not one till the yeare 1300. and odde ; that the King is inferior to none but God ; and they speake against the letter and sense of the Scripture too , for the Scripture calls such despisers of the King , Children of Belial : And lastly , they speake against the letter and sense of the common lawes of England too . Omnis sub Rege , saies Bracton ; Parem non habet in Reg●● de Chartis Regiis , & Factis Regum , neo privatae personae , 〈◊〉 Justiciarii debent disputare . Notorium est , saies Walsingham ; It is beyond all doubt , th●● the Kings of England are of an unbounded preeminence , and ought not to answer before any Judge Ecclesiasticall or Civil . It was an answer of that Parliament to a Popes demand , and for such demands our forefathers accounted the Pope to be Antichrist ; I wish they had not sent that reason of Antichrist from St. Peters in Rome to St. Peters elsewhere ; for some wise men doe not now stick to say , if this be his badge , Populus is Antichristus ; It is an ordinary thing for Antichrist to lye , and I take this for one ; for if the King be of an unbounded preeminence , then by no meanes under the peoples girdle . That objection is of no force ; Ad tutelam Legis , subdit●rum , ac eorum corporum & honorum Rex erectus est , & hanc potestatem affluxam ipsa habet : For Fortescue there speakes of a King meerely Politick , saying , Rex hujusmodi , whereas Regnum Anglia in Dominium Politicum & Regal● prorupit , & in utroque , tam Regalè , quàm politico , populo suo dominatur ; The sence of this great Lawyer is , in reference to his power , he is a Regall King , & Rex naturalis , and a King by birth ; in reference to his duty , he is a politick King , or Rex nationalis , a King by Law ; But in both , a King ; and therefore universis major in both respects . Nor does that reply from Bracton or Fleta , ( for they both have it ) doe any more harme ; Rex sub Lege est , for howsoever the King be under the Directive Power of the Law , as the Law is the Rule of justice ; yet he is above the Corrective Power of the Law , as the Law is the instrument of justice . In a word , the Law declares the Kings Right , the people admit him to the possession of that Right , the Counsell advise him in the safest way of governing his people ; and so they use all but as instruments and servants to him , and he is above them all . The King is the life , the Head , and Authority of all things that are done in the Realme of England , saies Sir Thomas Smith in his Common wealth of England . Summam & supremam potestatem habet in omnes Regni or●●●s ; Nec praeter Deum superiorem agnoscit , sayes Master Cambden ; and if he be under none but God , he is above all the people , unlesse they be God . And to all this you have all sworne in the Oath of Allegiance , some of you in the Oath of Supremacie , and the late Protestation , viz , To maintaine the Kings supremacie in all causes , and over all persons , Ecclesiasticall and Civill : A soveraignty then hee hath , and you have sworne to maintaine it , not onely over singular persons , but over all persons , and as you endeavour it , so helpe you God . But you may justly feare , if now you unsweare that , or sweare , or doe against that which you have so solemnly sworn to doe ; that God will , not onely not helpe you , but wound you , wound you while you live with the infamie of Rebells , and a tormenting conscience , and wound you when you are dead with the eternity of fire , and all the torment of hell . From both which Almighty God deliver you for Jesus Christ his sake : and from both which that you may be delivered , I pray God to give you grace to acknowledge and esteeme the King to be universis as well as singulis major ; Amen . They that thinke lesse of him , doe despise him , and are therefore the children of Bellal ; And so are they that bring him no presents . It is my last consideration ; I called it the Privative condition of Rebells , and children of Belial , they brought him as presents . I need not spend any time in the explication of these words , they are obvious to the thinnest understanding , and they intend thus much ; These men , these children of Belial , did not contribute to the maintenance of the King in his warres , they did not ayde him , they did not assist him , they ayded him not with Armes , they assisted him not with money , they withheld his vectigalia from him , they brought him not his Customes , his Crowne-Revenues , his Subsidies , and his Pollmonies . I shall therefore spend my ensuing discourse , in resolving that question , which doth even naturally arise from these last words , viz. Whether it be lawfull to beare Armes , or to contribute for the maintenance of a Warre against the King ? And this Text resolves it negatively , and sayes , It is not lawfull ; for they who brought the King no presents , were sonnes of Belial ; and therefore much more are they the sonnes of Belial , who fight against , or contribute to maintaine a fight against the King . And to make this good , I shall take leave , 1. removere , to remove those objections , those grand objections which seem to check this truth . 2. Movere , to commend to you a choise and pregnant place of Scripture , or two , which give the checkmate to those objections : 3. Perpendere , to waigh some speeches of the Fathers , and so make it good by their Theorie and practise : and 4. Proponere , to lay before your face some of those fearefull judgements , which have befallen some men that have borne Armes against their Kings , as fearefull examples for them , who now contribute for the maintenance of such warres . And first , for the objections ; I meet but with two that carrie any seeming validitie with them , many more there are : As 1. The peoples rescuing Jonathan from Saul : 2. Elisha's shutting the doore , and holding fast the messenger that came from King Joram : 3. Jebues killing that King Joram : 4. Ahikams defending the Prophet from the tyrany of King Jehoiakim : 5. The withstanding of Vzziah the King by Azariah the Priest : 6. The Deposing of Athaliah the Queene : But they are all frivolous , and want weight , Et eâdem facilitate repelluntur , quâ proponuntur . The first that carries any shew with it , as I conceive , is Davids taking up Armes against King Saul ; and hence the Rebells argue thus : David the Subject tooke up Armes against Saul the King , and was not rebuked for it , either by Divines , Lawyers , or States-men ; many of his fellow-Subjects tooke up armes with him , to the number of 600. and very likely , many more contributed to the maintenance of that Army ; nor yet were they reprehended by Divinity , Law , or Pollicie : and therefore Subjects may in some cases take up Armes , and contribute to the maintenance of a Warre against their King , ( if he be an oppressour of their Properties , Liberties , or Religion . ) And to this colourable objection it is answered , the allegation is false , false and absurd both ; false , because David was so farre from taking up these Armes against King Saul , that he continually fled from him , and never fought with him : yea , so farre from fighting with King Saul he was , that when God had delivered him two several times into his hands , once at the Edge hill of Hackilah , and once in the wildernesse of Eugedi , he durst not himselfe , nor would hee suffer any man else to stretch forth his hand against King Saul , and for this onely reason , Because he was the Lords annointed , false therefore : And absurd too , to imagine that David should raise or entertaine 600. men to fight against King Saul , who never went without 3000. men at his heeles : Impar congressus , and very unlearnedly is David with his 600. men urged as an example or argument , to justifie disloyalty . Nor will that addition helpe it , viz. That King David was 40000. strong ; for he was not so strong till after Sauls death , as appeares in the story : But admit it for truth , that David was 40000. strong in the dayes of Saul , yet this is so farre from being an argument to justifie Rebellion , or taking up Armes against the King , as that it doth altogether condemne it ; for notwithstanding so great strength , yet David never pursued Saul , never let flie any murthering arrowes , dart , ston● , at or against King Saul , but still fled from him ; and to put him out of all such feares and jealousies , hee got himselfe with all his Forces out of his Kingdome , and begged a place for his habitation of Achish King of Gath. Let all our rebells follow David in the whole example , and wee shall both allow this quotation , and also commend their imitation ; yea , and pray they may have so many followers , that there may not bee one Rebell left to lift up his hand against King Charles the Lords Annointed . Object . 2 The second objection of any colourable strength , is that of Jeroboam ; from whence it is thus argued : Rehoboam the son of Solomon refused to ease the people of their burthens , and therefore the people tooke up Armes , and set up Jeroboam to be King over them ; and this was so farre from being a sinne that the Text sayes , It was from the Lord ; and therefore Subjects may in some cases beare Armes against their King . It was answered , The Scripture here sets downe , Rei gesta veritatem , non facti aequitatem ; and hereupon sayes Saint Austin , Quia factum legimus , non ideo faciendum credimus , s●ctando enim exemplum violimus praeceptum , nor can wee any more free our selves from the breach of the fift Commandement , if wee take up Armes against our King upon this example , then wee can from the breach of the eight Commandement , if wee plunder and robbe our neighbours upon the example of the Israelites spoyling the Egyptians . True , Jeroboam was King , and that was from the Lord ; but by permission onely , not appointment ; and God in that permission at once punished Solomons Idolatry , and Rehoboams follie ; but notwithstanding this , that act of the people , in revolting from Rehoboam , was Rebellion , and so called by God himselfe in two severall places , and God punished this Rebellion of theirs so fearefully , that he first gave them up to Idolatry , and afterwards drove them out into Captivity ; and this is commonly the reward of Rebells : First they turne Idolaters , or what is tantomount ; irreligious , ( let any one say what Religion the Rebells are of ) and so are hated by God , and afterwards are made slaves , and so are hated by men ; That we may never fall into the one or the other , either Idolatry , or Captivitie , Almightie God keepe us from Rebellion . Amen . The Scripture affords not one more colourable example to justifie the taking up of Arms against the King , and therefore the Rebells of this age borrow one from our owne Country . Object . 3 Richard the second was deposed by Parliament , and therefore a King of England may be resisted . I answer it , Infandum scelerate jubet renovare pudorem : If the Rebells were not past all shame , they would never have remembred this Factum , since it is without all Aequum , and to this day remaines the blemish of our Nation ; and this very act brought such miseries upon this Kingdome , that untill two Kings , one Prince , ten Dukes , two Marquesses , 21. Earls , 27. Lords . 2. Viscounts , one Lord Prior , one Judge , 139. Knights , 421. Esquires , Gentlemen of a vast number , and 100000. Common people were slaine in these Civill Warres , England never saw happy dayes ; This repetition hath rethorique enough to stirre you up to sorrow , I say no more of it therefore ; but , that we may againe see peace and happinesse in our dayes , God put a period to them that beare Armes against King Charles : Amen . For it is unlawfull , as appeares . 2. by Scripture , I will name but two instead of two hundred : The first is that of Solomons , whose precept is , That we keepe the Kings Commandement : id est , Whatsoever he commands , so it be not against the word of God : The reason of this precept is double : 1. In regard of conscience , Because of the Oath of God , we have sworne to it , and we have called God to witnesse to the truth of our intention and endeavour to performe this Oath ; and accordingly we may expect God● rewarder , or a revenger : The second reason is , in regard of power , For where the word of a King is there is power : q. d. For a while , the word of a King , like the word of God , may be sleighted , but in the end , it will appeare a word of power , and shall be suffered with death , where it was not obeyed with duety : For against the King there is no rising up : Nemo qui insurgit , sayes Junius ; Nemo qui insurgat , sayes Clarius , ( I wish hee had beene a Prophet : ) By Solomons rule , it is unlawfull to beare Armes against the King . And so it is by Saint Pauls rule too , his precept is obedience to the higher powers , not to the naked authority , as Mr. Burrowes would make that man beleeve , that is given over to beleeve a lye , but to the person cloathed with that power : For if {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} may signifie power in the abstract , or the power of the Law , without relation to the person that made that Law ; yet {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} must of necessity note the person , and the superiority of the person , that hath this power conferred upon him ; and such power no person in England hath , but onely the King of England : His great Counsell may ju● dicere , he onely can jus dare ; and therefore to him must every English soule be subject ; subject actively , licitis , and subject passively , in illicitis ; both wayes so farre subject , as that we may not resist : The reason is , for if we doe , we shall receive damnation : the word is {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , and that signifies , not the plundering of the goods at home , not the hanging of the body abroad , but the everlasting damnation of the soule and body in Hell , notwithstanding Mr. Marshals new Lexicon . If now you beleeve Solomon , or Saint Paul , ( I could add Moses and all the other Prophets , Saint Peter and all the other Apostles ) It is not lawfull for any man , for any sort of men to beare Armes against the King : Yea , therefore every man must assist the King with Armes , and contribute to the maintenance of his Warres , for they that doe not are the children of Belial : The children of Belial said , How shall this man save us ? they despised him and brought him no presents . And doe not the Fathers assent to the same ? Why else did Justin Martyr say ; For our Religions sake , and preservation of publike peace , we Christians , O Emperour , yield you our helpe and assistance : It was Tertullians glory , that Christians were never found Albinians , Nigrians , Cassians , or any other sort of Traytors : Athanasius professed it not lawfull to say or speake otherwise then wel of Majestie : Nazianzen knew no meanes lawful to restrain the persecutour , but tears : St. Ambrose knew no other way to resist then with teares : St. Austine commended the Christians for obeying Julian , I could name St. Gregory , Fulgentius , St. Bernard , and many more : For all , heare the Anathema of a full Assembly of Bishops in the Conncell of Toledo , Whosoever shall violate that Oath which he hath taken for the preservation of the King's Majesty ; whosoever shall attempt to destroy or depose the King , whosoever shall aspire to the Regall Throne , Let him bee accurst , cast out of the Church , and together with his Complices bee condemned with the Devill and his angels eternally ; let them be all tyed in the bond of damnation , who were joyned in the society of Sedition . Here now let no man say , That these Fathers command obedience to good Kings onely ; for some of those Kings , whom they command to obey , were Hereticks , some Idolaters , some Apostata'es , some Tyrants , most of them bad enough . Let no man say , the Christians did not resist , because they had not strength and power enough ; for Tertullian tells you , They had ; Cyprian tells you , They had ; Saint Gregory the Great tells you , They had ; the number of Christians was A principio , from a few yeares after the Apostles . Nimius & copiosus , both strong and numerous . Let no man say , Christian Religion , and their priviledges were not yet established , for they were : Constantine the Great , and his successors established them , and daily added to their Immunities . And now , judge your selves , Beloved , whether you were better beleeve the Scriptures , and the Fathers , then some yong Teachers , and schismatical Divines crept up but yesterday , and never durst appeare in Old England till now ; and now they doe appeare , they dare not dispute verbis , but verberibus , and God first or last will give them their belly full . Certainely if our Brethren were not wilfully blinde , they would joyne with us , and conclude , It is not lawfull to beare Armes , or contribute to maintaine a Warre against the King : They were children of Belial that brought King Saul no presents ; and to Belial they all must ( without Gods infinite mercie and their owne repentance ) who now maintaine a Warre , or beare Armes against King Charles . And this is evident , fourthly and lastly , by those fearefull punishments and judgements , which God and man from time to time have inflicted upon Rebells and Traytors , even such as have borne Armes , and maintained War against their Kings . Looke else upon those intentionall Rebells , Corah the Clergie Rebell , Dathan and Abiron the Laie-Rebells ; the one by a fire from Heaven is sent into the fire of Hell , the other through the earth fall into the pit of the damned : So Saint Basil . Looke else upon that verball Rebell , Shimei , hee is put to an untimely and ignominious death . Looke else upon those actuall Rebells , Achitophel a great Polititian , Absolon a Favourite of his Fathers , and of the peoples affections ; the one hangs himselfe , the other is hanged in a tree : And Sheba for but blowing a seditious Trumpet , for but striking up a rebellious Drumme hath his head cut-off . See my Beloved , see if yee can finde but one , even but one Rebell , either in holy , or humane Histories that ever escaped unpunished , either by the hand of God , in a troubled and perplexed conscience , or by the hand of man , in an untimely and odious death : Brutus with the same hand and Dagger , hee stabbed his King Caesar , he kils himselfe . That seditious Ring-leader of the Jewes against Adrian the Emperour , who called himselfe Ben-Chobab , or Filius stellae , is suddenly kild , and ever after scornfully remembred by the name of Ben-C●zba , or the Sonne of a Lye . I have heard of a certaine Commander , whose name I am not willing to remember , who often wisht he might rot , if ever he lift his hand , or drew his Sword against the King ; notwithstanding he did both , and God answered his wish , hee rotted within , and dyed . A certaine Lord I have likewise heard of , a great Ring-leader in a Rebellion , yet a great pretender to a Reformation , who in his exercises of Devotion would often desire God ; If the cause he took were not right , if the cause he managed were not just , he would take him away suddenly ; God heard him , and answered him , for by the shot of a Musket he is killed so suddenly , that he had not so much time , as to say , God be mercifull unto me , and so without signe or symptome of repentance dyed . I need not remember you of Pausanias , Ariobarzanes , Rodolph Duke of Suevia , Catiline of Rome , and many of England . Not one of them all , nor any other that I remember , or have read of , but if he lived , he lived the scorne of honest men , and if he dyed , he dyed the shame of his Friends , the mirth of his enemies , and the example of all ; God in the shamefull and fearefull punishments of them , telling us , That to beare Armes , or contribute to maintaine a Warre against the King is utterly unlawfull : That the people of this Kingdome may no longer do it : With the Church I pray , From all Sedition and privy Conspiracie , from this present dangerous Rebellion , from all false Doctrine and Heresie , from hardnesse of heart , and contempt of thy Word and Commandement , Good Lord deliver us . Amen . FINIS . Notes, typically marginal, from the original text Notes for div A58824e-360 Questions . Resol. Populi . Resol. S●muelis . Division . Ps. 1. Mat. 17.21 . Belial , what ? Children of Belial , how ? Job . 8.44 . ● a. ● ae . Act. 4.19 . Pol. l. 1. c. 8. Exod. 2.12 14. Act. 7.25 . Judg. 19.8.10 . 1 Sam. 8.4 . Pro. 8.15 . Isay . 45 1. Dan. ● . 25 . Joh. 19 . 1● . Rom. 11.1 . Object . 1 Reg 12 . 2●0 Answ. Replie . 1 Pet. 2.13 . Resol. Ad Antioch . q 55. De reg. pa. l. 1 c 6. Speed . l. 9. c. 26. Polyd. Virg. l. 11. Smith . C. W. l. 2. c 4. fol. 34. ab . Ps. 2. Eccles. 10.20 . Est . 2.21.23 . Deut. 27.16 . Num. 23. 2. Sam. 16.5 . 1. Sam. 2a . 2ae . or Quest . 2. 2 Sam. 18.2 . Ps. 89.20 1 Pet. 2.13 Ad Scap. 2 a. 2 ae . q. 104. ar. 6. Fortesacut . l. 2. c. 8. Object . Answ. Replie . Resol. l. 2. c. 4. Elisab . pag 391. Brit. pag. 132. Ps. 3. ●● . 3 ae . 1. Mediatione non Rebellione : Junius , Borth●ius , Osiander , Willet : non Fustibus , sed precibus : Peter Martyr . 2. Revelatione , non oppositione . 3 Speciali jussu , non lege . 4. A populi tumultu non Regis tyrannide . 5. Verbis , non Gladits ; persuasione , non insurrectione : & leprosus fuit . 6. Usurpatrix fuit . Object . 1 Sam. ●2 . 1.2.24.28 . Answ. 1 Sam. 26.1 . 1 Chr. 12.22 . 1 Reg. 12. Answ. 1 Reg. 12.19 . 2 Cro. 10.19 . Answ. 4 a. 3 ae . Eccles. 8.2.3.4 . Pro. 30.31 Rom. 13.1.2 . 5 a. 3 ae . Apol. 2. ad Ant. Imp. pag. 113. Ad scap . Apol. ad Const. Orat . in Julian . 1. Contr. Auxent . Ep. 31.32.33 . In Ps. 114. Conc. 5. Canc. 2. In Apol. Ep. l. 7. ep. 1. 6 a. 3 ae . Hom. 9. Euseb. l. 4. c. 7. A61099 ---- Certain considerations upon the duties both of prince and people written by a gentleman of quality ... Spelman, John, Sir, 1594-1643. This text is an enriched version of the TCP digital transcription A61099 of text R28174 in the English Short Title Catalog (Wing S4937). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 59 KB of XML-encoded text transcribed from 15 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A61099 Wing S4937 ESTC R28174 10445597 ocm 10445597 45044 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A61099) Transcribed from: (Early English Books Online ; image set 45044) Images scanned from microfilm: (Early English books, 1641-1700 ; 1390:11) Certain considerations upon the duties both of prince and people written by a gentleman of quality ... Spelman, John, Sir, 1594-1643. 24 p. Printed by Leonard Lichfield, Oxford : 1642. Attributed to Sir John Spelman--NUC pre-1956 imprints. Reproduction of original in the Bodleian Library. eng Monarchy -- Great Britain. Great Britain -- Kings and rulers. A61099 R28174 (Wing S4937). civilwar no Certain considerations upon the duties both of prince and people. Written by a gentleman of quality, a well-wisher both to the King and Parl Spelman, John, Sir 1642 11305 4 0 0 0 0 0 4 B The rate of 4 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2004-06 TCP Assigned for keying and markup 2004-06 Aptara Keyed and coded from ProQuest page images 2004-07 Melanie Sanders Sampled and proofread 2004-07 Melanie Sanders Text and markup reviewed and edited 2004-10 pfs Batch review (QC) and XML conversion CERTAIN CONSIDERATIONS UPON THE DUTIES BOTH OF PRINCE and People . Written by a Gentleman of quality , a Well-wisher both to the KING and PARLIAMENT . OXFORD , Printed by LEONARD LICHFIELD , Printer to the Vniversity . 1642. CERTAIN CONSIDERATIONS upon the duties both of Prince & People . AMONG many intemperances that minister disturbance to the Church and State , we have those , whose supine affectation of flattery has grown to that impudence , as that they have not only for learnings sake disputed , but in the name of the word of God , and at the time and place when we should expect no other then the lively Oracles of God , delivered , that the persons , and fortunes of all Subjects , are absolutely at the will and command of the Prince , to dispose according to his will and pleasure . To such licentiousnes , we need give no other answer , then only to demaund , that the maintainers of such Doctrine , would put us but a case , wherein ( those opinions of theirs being admitted ) a Prince can commit any Injustice , and that they would shew us , wherein lies the justice which the Scripture commaunds Princes to execute , and which it affirmes to be the establishment of their Thrones , and the violation of it to be their adversity or subversion . We have on the other side those , who finding it written , that Governours are for the good of the People , pursue it with Sophistry ; That the people are the end of Princes and Governors beings : and that therefore as their government is for , or against the good of the People , so may they be continued or deposed by them . To that end also there are opinions set on foot ; That all government first came from the people , and that all authority does in the last place reside in them ; That in every Kingdome the whole body of the people must of necessity contain , all power and authority whatsoever either is or may be erected in it ; so as that all the people or the greater part of them ( which amounts to all ) may by their votes , re-assume all power into their own hands : abrogate all Ordinances : anull the formes of present government : and new mould the State into such formes and institutions as best liketh them . These are falsities which yet lay hold upon reasons , and prevaile over the judgements of many that are understanding men , and which have no evill affection toward government , and these are of that consequence , as that they subvert the stability of all kind of government whatsoever . But were we shie of Iesuitisme , as well as of Popery , we would not with so little examination receive opinions , which we know had their first hatching in the Schoole of the Iesuite . The matter would require a very large field , should we set forth all things that fitly conduce to the support of the truth , but my purpose is to be very short . Therefore declining to controvert what may be , and usually is alleadged in the matter , I shall humbly offer to consideration such apprehensions of the truth as I have conceived lesse vulgar , & submitting them to the approbation or correction of better judgements , expect they shall returne unto mee , with confirmation , or rectification of my own private thoughts ; if from so mean a talent , no mite of benefit be raised to the publique , And first , we are to consider that the originall of Kingdoms is of three sorts , to wit , Naturall , ( which we may also call civill , ) Violent , ( or if you will , Martiall , ) or mixt of these two . The first was of Parents over their children , childrens children , and servants bought or borne unto them . In this , the person of the Governour was before the being of the Subject , and his authority , before ever the Subject consented , or had power to obey or disobey . Such a King was Shem , called therefore Melchisedeck , or King of righteousnesse . And a Prince of this kind was Abraham , after that by Gods command he had left his Country and his father Shems house , and lived of himselfe , and Kings of this nature were they that were intimated in the names of Abimelech , Abiam , Abiram , Abram , Abishalom , &c. And this soveraignty was not inherent to the person of the Father only , but from him descended , by right of primogeniture , to the eldest sonne , to whole rule , we see that God subjected the younger . The second sort of Kingdoms was wholly founded by the sword , over people that were subjugated by usurpers and invaders , such as followed the way of Nimrod : who being potent in his naturall dominion , used his power to the oppression of his neighbours , and changed the state of government into tyranny ; I say not the state of liberty , ( as if till then men had lived in solute liberty ) but changed the naturall government into that which is tyrannicall . The third sort had much what the same originall with the second : where people surcharged at home and forced abroad ; men in division ; in distresse ; in feare ; exiles ; and fugitives , distrusting their present condition , served themselves on the Wit , Spirit , and courage of some notable man ; to whose command they ( with such limitation of his power as they could agree on , ) subjected themselves ; and then falling into action prospered even into a Kingdom : from hence sprung our Moderne Kingdoms , more novell and various in their frame , and many of them so qualified , as not properly to be called Kingdoms , but rather Republiques under Regall stiles , with Princes elective , much circumscribed in authority , and obnoxious to deposing . Now in the first and second sort , apparantly the people had never any thing to doe with the institution and limitation of Soveraign Power : and though in the third sort they had more to doe therewith , yet not alike in all of that sort , nor had they the whole and sole power of instituting , scarce in any of that sort , so as we must rectify that misapprehension , that in all Kingdoms the first derivation of authority was from the people . In the next place , we are to consider ; that Kingdomes are not associations of men in their naturall capacityes : but communions of men quatenùs members politique , united in one common bond of obedience into one politicall body , where none can move to give his due aid for the weale of the body , but in the capacity of a politique member , and according to the peculiar office which every severall member properly ought to execute ; which office the members duly exercising , make a true and perfect civill Communion . Now though we consider a Kingdome as a meere Civill or temporall State only ; Yet even there , the observance of this communion is a duty strictly required of every member , even by the law of nature , or morall law , and by the law of God it selfe . For man having lost his originall righteousnesse or justice , and consequently the right of governing himselfe ; and being thereby necessarily subjected to the government of some justice without himselfe : it was necessary , for his owne good and safety , that he should not only be subject to that justice in the things that concerned the well governing himselfe toward others ; but likewise in those things that concerned his safety and defence from the violence of others misgoverning themselves toward him , and that necessarily brings in Empire . So that ( unlesse we can imagine some Kingdome to consist of people sprung of themselves , in perfection of righteousnes , not depending , nor obliged to God , or nature , nor obnoxious to those conditions to which the fall of man has subjected all men , ) we cannot devise how men should naturally be free from subjection to government ; and lesse , how ( being subject ) private men in any State , should in their naturall capacity , meddle with any thing concerning government ; or so much as goe about the making , changing , on anulling of ordinances ; or so compell Governours ▪ to doe them , without being criminally culpable ; not only against the positive lawes of the land , but even against conscience pressed with the bonds of naturall , or morall , and also divine law . Therefore to explicate the sense which all intend , but some ( not well distinguishing ) confound : It is certainly true , that all the people of a Kingdome must needs comprehend all power whatsoever is , or may be exercised in it : but when we say so , we by all the people , meane , the whole entire body of the members politique , from head to foot , every one of them abiding and working according to his proper and ordained office politique . But if beside their ordained office & power , any shall doe or attempt any alteration in the State , ( howsoever intended for common good ) their act must needs be so farre from being lawfull , as being from the beginning repugnant and resisting the ordained power , it can never become a lawfull act , though all the Subjects of a Kingdome should after consent unto it . But in the third place , we are farther to consider : That if the Kingdome be also a Church of God , then is the originall , and authority of it , of farre higher nature , and more remote from the reach and power of the people . It is true , God is King of all Kings , and highest Soveraigne in all Kingdomes , as well Heathen as Christian : yet , as he cautioned in the behalfe of his Church , that no stranger should be King there , but by any meanes one that was of the Brethren of the people : so in His Church He himselfe is a neerer and ( as it were ) a more cognate Soveraigne , then in other Kingdomes ; and his Vicegerents there , are of more immediate and more important subordination to him . For which cause he there reserves to himselfe the choice of the man , and leaves the people no more then the bare investing of him . Not but that God in all Kingdomes , makes Kings whom he pleaseth ; but he will have it known , that in his Church , the choice is not only his , and to be sought at his hand , but that he more strictly requires the observance of his right , in his Church ; then he does otherwhere . Therefore he expresly commands there ; Thou shalt in any case set him over thee , whom thy Lord thy God shall chuse . And as in his Church he to himselfe reserved the nomination ; so when he had nominated , he did not leave it to the people , there to declare the right and manner of the Kingdom : but by the Prophet by whom he signified his choice , by the same was the manner of the Kingdom declared to the people , written in a book and laid up before the Lord . Kings of Gods Church , having from God a more immediate and more sacred ordination , have also a more especiall endowment of his spirit , for which cause they have beene ever instituted with annointing , & their persons therewith consecrate , for the exercise of their function . This we see in Saul , whose person ( though he were a wicked Prince ) David in this respect declared so sacred , as that he pronounced a curse upon the Mountaines of Gilboa , because in them his person was cast downe and vilefied , without regard of the sacrednesse of his annointing . Their annointing therefore is not a meere outward solemnity , but is significant of the spirit of God in a more especiall manner given unto them , and from thence proceeds that which the Scripture witnesseth , A divine sentence in the lipps of the King , yea , and a sacred integrity also , His mouth transgresseth not in judgement . And suitable to their Prerogative of graces , beyond the ordinary of other Princes , God vouchsafes them his eare , with more favour and familiarity then to the other , as we may see by his ready hearing , gratious answers , vouchsafed messages sent , and will declared touching them ; not only to the good , as David , Salomon , Asa , Iehosaphat , Hezechiah , Iosiah , &c. but even to Coniah , Saul , Ieroboam , Ahab , Jehu , and other wicked Princes . And we not only heare God himselfe saying , by me Kings Raigne ; and I have said yee are Gods : but his word couples also the feare that is to be rendred unto Kings , with the feare that is due unto himselfe , Feare God and the King . Keepe the Kings Commandement , in regard of the oath of the Lord . Nor is it ordinary obedience that is commanded , but the highest ( under God ) Submit unto the King , as unto the Supreame . And that not for the danger that may ensue , but ( as the Apostle saith ) Not for wrath only , but also for conscience sake . Now if the King be supreame , then is there in no Kingdome any superintending power or authority , that may lawfully call the King to account : for that power only is the supreame , over which there is not any other to take account . So high and sacred is the authority of them whom God has made , nursing fathers , and nursing mothers , to his Church . When Kings then , both in their Persons , and Functions , are of so sacred an ordination , and so hedged in , by Gods especiall protection , where is there place for the people to interpose and meddle with the affaires that doe belong unto them ? besides , when without the Kings consent there can be no concurrence of people , to joyne in any accord for the disposing of any affaires of the Kingdome , but that the matter must first passe the project , sollicitation , and prosecution of diverse private men , no way thereunto authorized : how can any act of the people to such an end be justifiable , when an unlawfull beginning , ( what number or quality soever the attempters be of ) can never make a lawfull act ? Therefore omitting those places of Scripture , It is not fit to say to a King thou art wicked , Who may say to a King , what doest thou ? Feare God and the King , and meddle not with those that love innovation : And many others ( which yet block up the way against private mens medling with matters of government . ) If it were to be granted that the people in any Kingdome had power over all rights of the Kingdome ; yet unlesse that by the Ordinances of that Kingdome , it be expresly declared and appointed , how , and by whom , that power shall be executed , ( and by the way , where such Ordinances are , there is not a right Kingdome , but a Republique ) and againe , unlesse those ordinances be rightly pursued , there can be no combinement , to doe any such act , but with the guilt of Sedition , and Treason , in the sight of God . For it will lye against every particular man , betweene God and his conscience to answer , who hath called thee to this ? who hath separated thee ? who hath made thee a Iudge or an Executor of these matters ? And though it be pretended ( and perhaps intended too ) that the worke so to be done shall make for the glory of God and good of his Church : yet that will but little helpe the matter ; for , for men to doe God a good office against his declared will , is to be Gods good maisters , not his good servants . He does expresly command , that Every soule be subject to the higher powers ; and declares plainly , that the powers that are , are ordained of God , and that they that resist the power , resist the ordinance of God , and receive to themselves damnation : and our Saviour himselfe forbids us , that we doe not evill , that good may come thereon . The Scripture tells us the reason , for God hath no need of a wicked man , & he is best glorified when his voyce is obeyed . We have also the examples of Scripture to the same purpose . It did not only turne to sinne to Saul , that he , to satisfie the people in their devotion , spared the best of the Amalekites spoile to offer in sacrifice unto the Lord , when God had commanded that all should be destroyed : but it became a finall sinne even unto his rejection . And Vzza was strucke with suddaine death , for nothing but putting his hand to the Arke of Gods Covenant ; ( which no man but the sonnes of Aaron might doe ) yet Vzza did not doe it , but with a good and a pious mind to save the Arke of Gods Covenant from falling . Therefore it is not enough for men to be assured that the worke which they doe , in their consciences tends to a good and a religious effect : but they must every man have a sufficient warrant for his conscience , and for his calling to the worke ; that is , either the expresse word of God , or else such manifest inference and deduction from it , as by the concurrent judgement of the Church universally in all ages , is agreed for truth , not such judgment as some particular ministers take upon them to make , for the spirit of the Prophets , are subject to the Prophets ; that is the spirits of the particular , to the spirit of the universall : For God is not the author of confusion , which else would necessarily follow . Men therefore must looke to the ground & first beginning of their actions ; for if the root be evill , so will also the branches be , though it promises never so good fruit , and be countenanced by all the people of a Kingdome . If further we looke into Scripture , The story of Moses is not without some doctrine to this point . Moses having an ardent zeale to the reliefe of his brethren the people of God , and finding himselfe above others inabled to be the instrument of their deliverance , both by his extraordinary abilities , & also through the great power he had with Pharaohs daughter , perswades himselfe , and ( as appeares by St Stephens relation ) would have the people understand , that he was even then called to be their deliverer . Hereupon he makes his addresse to the people , and by the slaughter of one of their oppressors , takes say of their affection toward an attempt of liberty , as if there needed no more in the case , but that the people should resolve , and joyne with him to breake from the subjection of the King they lived under , who was an enemy to Gods Church . In this now , ( though we make no question but that Moses had a zeale acceptable to God ) yet may we see by that which followeth , that he had not yet a particular calling thereunto , neither was the way wherein he thought to have executed his zeale agreeable to the will of God ; therefore the people themselves ( whom Moses only sought unto ) they reject him : his attempt is frustrate , and himselfe is driven to repent it with forty yeares exile in the wildernesse . After that long space of expiating the errour of his selfe-led zeale , God calls him then indeed to the worke to which he came of himselfe before ; Come now ( saith God ) and I will send thee : and God sends him then indeed ; but sends him not to the people ( that we may know he sent him not before ) but ( though he could have made the people able to make their owne way by the sword , and could by his command have made it lawfull so to have done ) yet ( to teach us the observance of ●ustice and duty , in our proceedings ) he sends him to the King , of him to demand the dismission of his people , that so the peoples obedience to his messengers , and to the word delivered in his name , might be without any reluctance of conscience in regard of their allegiance to the King . When Moses did this way set upon the worke , all went the right way , and the unspeakable obstinacy of King Pharaoh , being aggravated by the fairenes of proceedings toward him , did to his condemnation before men and Angells , and to the magnifying of Gods justice redound the more unto his praise and glory . It is not inconsiderable that God by a Starre declared our Saviour in his birth to be the borne King of the Iewes ; and in that stile brought the wise men to worship him . And likewise , that when our Saviour ( to fulfill the prophesyes concerning him ) did solemnly present himselfe to Ierusalem : he suffered his Disciples publiquely to congratulate his comming by the name of King , and told those that were offended at it , that their gratulation was so necessary , as that if they should omit it , the stones in their default would have performed it also . That he himselfe before Pilate , maintained that he was a King , and at his death had his Crosse ( notwithstanding the Iewes opposed ) adorned with the Title , King of the Iewes : but when the people would have made him King , he refused their officiousnes and would by no meanes accept of that dignity from them : he would rather be without his right , then receive it either in a wrong way , or from a wrong hand : no , he would not at any of their instances so much as acknowledge himselfe to be authorized for a judge or divider amongst them . So little did he acknowledge any power in them to conferr crownes , or to have superintendence over them . But it is true , that when God had determined to make a division of the Kingdome of his people , the first King of the ten Tribes was of the peoples making , and was made in the way of reformation : but that you may know it was only permitted by God , that so he might give that stiff-necked people of the fruit of their owne hands , and make them an example unto others ; he designed Ieroboam King , which neither annointing , nor blessing , nor other ceremony then a rent : the Prophet rent the new coate into twelve pieces , and when he had done , he gave him none of them , but ( as if he would shew he should be a King in fact , not in right , in some way in which God would own nothing but the permission only ) he bad him ( as one would say ) be his owne carver , and take ten peices to himselfe . What the progresse of the story was we all know ; when the people had made a King of their own , then they and their King must have a Religion of their own fitted to their new framed Kingdome , and to effect that , the old Priests of God must be sent away , as absolute impediments to the setling of their new government : and when that was done ; then were they absolute indeed , and had as much authority over their God , as they before had taken liberty against their King : so it followed , that when the People had made an usurper King , their King and they made a Calfe their God ; and the summe of the peoples reforming their Kings misgovernance , and relieving their own grievances , was ; they made them selves a King that made them all castawaies : he himselfe the reproach of Soveraignty , and an infamous stigmatique to all posterity , and his sinnes for ever adhering to the People , till they had caused their utter extirpation , and till of free-borne Subjects under a King of their own , they became perpetuall slaves to the Subjects of another Kingdome . So unpleasing to God , and so pernitious to the people themselves , are the fruits of those reformations which only or principally are managed by the popular inclination , in which , though for the most part a desire of doing justice , or preserving true religion be pretended ; yet private discontent in some , and ambition in others , is commonly the chief and radicall incitement of the work . The means that belongs to private men to use , for reforming of Kingdoms , is that which the Apostle shewes , Let prayers , ( saith he ) and supplications be made for Kings and all that are in Authority , that we may lead a Godly life . The people must not with impatience and puffed up mindes invade Gods peculiar right , of calling Kings to account , but every man betaking himselfe to the reformation of himselfe , and to prayers unto God , must seek of him ( that has the hearts of Kings in his hand ) to dispose the Kings heart to the desired reformation . Many think this way long and tedious , and like better that the people should Offer themselves willingly , and help God in some readier way . But truly if such private reformation and prayer be the right means of publique good , and be too long neglected , that is the peoples own fault ; and they may not by their fault , gaine a power which before they had not . Yet true it is , that in great misgovernances , God often uses the peoples hand , to doe his work of Iustice , but that we may know the way is not right ; as not agreeable to his revealed will ; we shall finde that the work of justice that he so beginneth by them , he endeth not till he hath finished it on them , and his hand is never more heavy , then against that rodd , that in the way of injustice , hath done his justice service . But will you heare God himselfe taking cognisance of the misgovernance of Princes , and determining of it ? In the 81. Psalme , God declares himselfe to stand in the congregation of Princes , and to be judge among Gods ( so calleth he Kings there . ) Then he expostul●teth the matter with wicked Princes , How long will ye give wrong judgement and accept the persons of the wicked ? Then he complaineth , They will not be instructed , but walk on in darknesse , the foundations of the earth are out of square . The misgovernance is great and the consequence of it desperate , but does God in that case give the people power to reforme ? No clean contrary : God without any revocation still affirmes , I have said ye are Gods , and ye are all children of the most high , persons sacred , not to be approached by the prophane hands of the people : but to awe , and restraine Princes , he tells them , that though he has made them Gods , yet they shall dye like men , when they must make account to him of their misgoverning : so that God reserves the judgement of them to himselfe , and no whit authorises the people to have any thing to doe with their misdoeings . This is not to flatter Princes , to say God has appointed men no meanes to relieve themselves against their misgovernment , but only praiers , to be made either to them , or for them : and that men have not otherwise to meddle with the right of liberty and duties of Princes , then only by way of supplication . Nor is this a security for Princes , for though in a lawfull and ordinate way there be no other means , yet no examples are more familiar , then those in which the sinne , the injustice , and violence of wicked Princes , are in this world punished , by the sinne , injustice , & violence of wicked people , sometimes their own , sometime others subjects , Gods extraordinary and supream justice is tied to none of those regulations , with which he has circumscribed his ordinary justice committed to the administration of man , but ( as we said before ) we may still observe Gods indignation , not more fatally incensed against any , then against those whose wickednesse has put them forward to be the instruments of his extraordinary justice upon others . But to pursue the examination of the right that people may have in questioning and reforming the rule of Kings . Let us farther examine what we find in Scripture . David sinning by numbring the people , was enforced to his choice of one of three plagues , Famine , Sword , or Pestilence ; & Deus malum avertat , this is but a dolefull instance for the people . The King sinnes , and God laies all the punishment upon the people : Nay he gives not them so much as the choice of the punishment which they must suffer for the King , but the sinning King must choose , which of the three plagues , the innocent people must undergoe : this is strange , did not the great judge of heaven and earth doe right ? yes undoubtedly , and the matter was ; the wickednesse of the people had grievously provoked God , so as the King must be let goe , and suffered to fall into sinne , that way may be made for the peoples punishment . This seems no lesse strange on the other side ; that because the people sinne , therefore the Prince should be let fall : that for the transgressions of the land , the Prince ( as wee have it in another place ) should be punished with division and diminution , and many should be the Princes of the land : Nay , that for the sinne of the people , the Prince should be cast away , as in that place , If ye doe wickedly ye shall perish , you and your King . All this were strange indeed , should we consider Prince , and people , as persons strangers in interest to one another : but therefore these places shew the strict union , and indivisible mutuality of interest , that they have in the doings and sufferings each of other , beyond any thing that can be created by the meer constitution or agreement of men . This case of Davids further teaches ; that if when the sinnes of the people be grown high , it be any way necessary that the King be let fall into sinne before the People be punished : then are Kings immediatly between God and the people , and stand there like Moses in the gap , to with-hold the hand of God from the people , untill that they also by falling someway be removed . Again if the Kings transgression in government has the originall from the sinnes of the people ; then are the People the prime offendors , and first agents in the Kings transgression , and He himselfe is as it were accessary , and in a manner passive in it . We see that God himselfe here judged so , and laid the reall punishment upon the people , whom he accounted the originall sinners : as for the King ( to whom the sinne is verbally ascribed ) we see God reckons , as if he were only passive in committing it , and therefore inflicts no punishment on him , but what he voluntarily took upon him , an humbling of himself , and a compassionate fellowfeeling of punishment , such as a good common father has alwaies by the sense of his peoples suffering . It now followes plainly : that the people that have their hands in sinne , are no competent Iusticiars for hearing , judging , and reforming of any misdemeanours ; especially of those in which they themselves ( having the principall hand ) are the principalls ; and lesse , where the person questioned , is but an accessary , drawn in by them : and least of all , where he is a person sacred , and one so much superiour , as by Gods ordinance to stand immediatly betwixt God and them , sure , he that would not suffer one with a beam in his eye , to pull a moat out of the eye of his brother ; does not permit him to doe it toward one so much superiour as his Prince : nor suffer guilty Subjects to arraigne their soveraigne ; guilty servants , their Lord ; nor guilty sonnes their common father . To conclude , we may consider the unlawfulnesse of popular animadversion into the manners and government of Princes , ( especially of Princes that are lawfull Christian Monarchs ) even in this alone , that there are no received , nor known bounds of limitation , how farre people may walk in the way of questioning and reforming the errours of Princes , but that if any thing at all be lawfull for them to doe therein , then may they without restraint proceed so farre as to depose Princes , and deprive them of their lives , if ( according to the doctrine of the Iesuite ) they finde it for the good and reformation of the Church and Commonwealth , which how well it is warranted by the word of God , we may see plainly enough in the case between Saul and David . Saul was King , but , misgoverning himself and the Kingdom , became as bad as excommunicate and deposed : for he was rejected of God , and David was by Gods expresse command annoynted to be King , all which notwithstanding ; neither David nor the people ever sought to depose him ; to renounce obedience unto him ; to combine against him ; question his government , or so much as meddle with ordering any of the affaires that belonged to the King . Nay , Saul after this persecuted David unjustly , and in the midst of his unjust and hostile persecution , was delivered into Davids hand , and it was of necessity that David should take the advantage and kill him , for he could not otherwise have any assurance of his owne life : David did then but even cut of the skirt of Sauls garment , to the end it might witnesse his faithfull loyalty , because it made it manifest he could as easily have cut the thread of his life ; and even for this , his heart so smote him , as that he cries out , The Lord forbid that I should doe this thing to my Maister the Lords annointed , to stretch forth my hand against him . That was not all neither , but there were more circumstances in the case , Saul was not yet reformed , and going on still , was another time delivered into Davids hands , and the people both times understood it , the speciall delivery of his enemy into his hands by God , and would have embraced the opportunity and have made him away : David restraines them still with the same bridle ; The Lord forbid &c. and tells them , Who can lay his hands on the Lords annointed and be guiltlesse ? No , David ( though already annointed ) would tary Gods time , the Lord should smite Saul , or his day should come , or he should descend into battaile and perish , but Davids hand should not be against him . No whatsoever Saul was , or whatsoever he had done ; neither his falling from God , nor Gods declaring him rejected , nor Davids annointing by Gods command , nor Sauls unjust persecution of David the Lords annointed in future , could dissolve the duty of his Subjects , nor make it lawfull for them to lay their hands on him , no not when he was in wicked hostility against them . But Saul in Davids account , was still the Lords annointed , still a sacred person , still Davids maister , notwithstanding the circumstances which might seeme to have discharged the tyes of duty which David and the people did formerly owe unto him . Neither is the annointing of Kings a thing sacred as to their own Subjects only : but the regard thereof is required at the hands of strangers also , because of the prophanation and sacriledge that in the violation of their persons is committed even against God . Wherefore , we see that though the Amalekite were a stranger , and made a faire pretence , that he had done Saul a good office , when at his own request he dispatched him of the paine of his wounds , and of the pangs of his approaching death : yet David ( taking his fact according to his owne confession ) makes a slight account of the causes which he pretended , as a frivolous extenuation of an haynous fact , and condemnes him , though a stranger , as an hainous Delinquent against the Majesty of God . How wert thou not afraid ( saith he ) to stretch forth thy hand to destroy the Lords annointed ? neither his being a stranger , nor any of the other circumstances were so availeable , but that his bloud fell deservedly upon his own head . The act is in it selfe perfectly wicked , and in the degree hainous ; altogether against the word of God : and therefore all actions of Subjects , that in the progresse of them tend , or by the way threaten to arrive at that upshot , are all unlawfull , fowle , and wicked ; and not only the actors themselves wicked , but their assistants , favourers , those that wish them well , or ( as St Iohn speakes ) That bid them God speed , are partakers of their evill deeds . But errour in this point , has made such impressions in the mindes of many , as that they will never be perswaded , but that they may disobey and resist Authority , if ever they finde it faulty , or the commaunds thereof not agreeing with their consciences . They will grant , that they may not disobey Authority in the lawfull commaunds thereof , neither doe evill that good may come thereon : but then , they themselves will be the judges what commaunds are lawfull , and what not ; what things good , and what evill ; & so they make obedience arbitrary , and government ( by pretending conscience ) at the discretion of the Subject : yea , though the things whereat they take check , be of their own nature indifferent , or doubtfull , ( and therefore not matters of faith ) yet will not they submit themselves , nor their opinions unto any , no not to the judgement of the Church they live in , no not to the judgement of the Church Catholique , nor to the authority of it , even in the purest times thereof . But they from the authority of their own opinions , or from the authority of such Teachers , as they themselves have chosen to themselves to be their guides , they will both censure , condemne , disobey , and revile the Ordinances of their Church , and the Governours thereof , so secure in opposing imaginary , or at least unproved superstitiō , as they will not see how incompatible , self-will , presumption , disobedience , arrogance and railing are with true Religion , nor that the false Teachers , and their Disciples ( which our Saviour and his Apostles foretold should be in the last and perilous times , and which St Peter calleth cursed children ) are not only described by this , that they have a forme of Godlinesse , but deny the power thereof . That they are in sheeps clothing , but are inwardly Wolves . That the fruit they beare is not answerable to the tree they seem to be . That their way of working is after the way of private insinuation , creeping into houses , and leading silly Women captive . Having itching eares , and after their own liking heaping to themselves teachers . That they be they that separate themselves , and the like . But they are especially described to be Traiterous , Heady , high-minded , to be such as despise government , as are presumptuous , self willed , and not afraid to speak evill of dignities . And again that they despise dominion , and speak evill of Dignities . And that they Perish in the gainsaying of Corah . now we know that the sinne of Corah was , that he ( being a Levite , and countenanced by an hundred and fifty Princes of the assembly , famous in the Congregation , and at least fourteen thousand seven hundred of the people ) upon his own private opinion ( to which also his followers adhered ) that both he , and all the Congregation were holy , and might offer incense before the Lord as well as Aaron , Charged Moses and Aaron that they tooke too much upon them , and that they exalted themselves above the Congregation of the Lord , and therefore they holding themselves in a parity of authority with them , would not appeare on their Summons , nor be obedient unto them . Yet ( as if these passages of Scripture nothing concerned our times ) we are nothing shie of those things whereof they doe admonish us . There be some , that justifie , that private men may resist authority , when it would doe that which is hurtfull to the Church of God , yea , that it is then their duty to resist it , that such resistance is no disobedience , no rebellion , no sinne at all . These swallow that which may not be granted , viz : that they are competent Iudges of the Churches hurt , and besides they make the rule that our Saviour gave us for discovering teachers of false Doctrine to be nothing worth . Our Saviour tells us , we shall know them by their fruits , as granting fruit to be a thing apparant , knowne of all and unchangeable : but these men make the fruit to alter according to the diversity of the tree that beares it , though otherwise it have the same shape , taste , and vertue . For example : disobedience , resistance of authority , sedition , and rebellion , are by the law of God , and by the law of nature , agreed both by Christians and Heathens to be evill fruits . But these men ( and Iesuites ) tell us that resisting authority , and raising force against it , thereby to worke the good and safety of the Church of God , though done by Subjects , is no resistance , no rebellion , no sinne . The fruit has lost his own nature , which in it selfe was nought , and takes a new nature of goodnes , because it was brought forth by the good tree of piety toward the Church of God . So our Saviours precept is made of no effect , and we must learne of the Iesuite , to un-know a knowne thing , and know it for some other thing , then ever we knew before , and that by a new way too ; viz : by that which is not to be known of it selfe . We must know the fruit by the tree . We deny not , but that authority may commaund things , that by no meanes at all ought to be done , and that then we must not doe them : but those things are such as are manifestly contrary to the expresse word of God , and principles of Religion . And even in them we are only simply to refuse the doing of the evill commaunded , without any actuall resistance otherwise , and so doing , our not obeying , is not to be counted disobedience ; because it being necessary obedience to the expresse word of God , the primitive Soveraign of all authority : it can never be disobedience as to the derivative . But where authority commaunds nothing against the expresse word of God , and principles of Religion ( as in things disputable it doth not ) there , except the Governours that are the derivative be obeyed , God , the primitive is disobeyed . For he strictly commaunds obedience to his Vice-gerents , even in every ordinance of man . But we are also to take heed we play not the hypocrites with God . When thinking to doe a good office to the Church or State , we resist authority , that presses us with that , which ( as we suppose ) threatens depravation of true Religion , or due liberty . For what know we but that by wrongfull suffering ( whereto all are called ) God calls us to a tryall of our faith , patience , and obedience in that way , which if we doe not shew by keeping close to his command , not turning on the left hand to doe any evill though commanded , nor on the right hand to resist authority with violence , although it hath commanded evill , we then refuse Gods tryall , and with an unseasonable zeale for Religion , and for our wordly rights , we contrary to Gods commaund resist his lawfull Vice-gerents , & the excuse we have for it , is little better then like the Pharisees , to say Corban , God shall have profit by it in the good that we shall doe his Church thereby , and make the precept of God of no effect ; and antevert the glory that god seemed to seeke in our tryall : And having so justified our resistance , we must then call it pious , and an act of duty , and such as God requires , and so make God the author of our sinne , and lodge it where we can never repent us of it . There may undoubtedly be such pressures laid upon Subjects ▪ as that humanity cannot but commiserate , and perhaps in some part excuse their impatience and resisting of them . But the pittifulnes of the case cannot make the resistance lawfull , though we remit much to the doers , we must yet condemne the fact ; and though their sufferings wash away much of the soile that would make both the deed and the doers more odious , yet must they be content to confesse the deed to be evill . But to justifie it , were to commit the accursed sinne of calling good evill , and evill good ; yea , the sacrilegious sinne of making God weake and wicked , who for the necessary support of his Church , should stand in need , and require not only the helpe of sinfull men , but even of their sinnes also . Private men , in things not plainly forbidden , cannot say they resist not authority , but sinne : not the lawfull power , but the licentiousnes of them which abuse it : for they have no authority to distinguish . And if they offer to pull the mote out of the Governours eye , they will put a beame into their owne . For though we be every one tyed to resist sinne in our selves that we commit it not ; yet are we not every one tyed to resist it in others , that they commit it not ; and we must leave every thing to be rectified by those only , to whom it properly belongs ; and where there is no ordidinate meanes of reforming , there God has reserved that particular case unto himselfe , and we must not justle him out of his tribunall . We might in this place remember also what infinite doubts , and questions ( perpetually ensnaring and wounding the consciences of private men , and with continuall disturbance and divisions threatning the ruine of the State ) doe follow the admitting of this one opinion : that when other remedies faile , Subjects in case of necessity may leavy Armes , and defend their Lawes , Liberties , and Religion , against the oppressors of them . For what shall be sufficient necessity ? and who shall be judge of it ? what way , and how farr may Subjects so proceed ? who shall commaund ? &c. But it is impossible to set forth all the branchings and consequents of errours , or the confusions that follows upon them . We might also remember , what dangerous straines and snares these opinions are to those that have taken expresse oaths of obedience and allegiance ; but we hope , that this shall be hint enough to stirr men up to take heed , how they entertain such opinions : and if already they have been led away with them , they make a more advised examination of the matter , and like good Christians be content ( whatsoever censure fall upon their actions past , or whatsoever diminution upon their present esteem ) they will yet submit , that Gods truth may not be corrupted , nor his holinesse blasphemed , but that , as the Psalmist faies , he may be justified in his sayings and be cleere when he is judged , yea that God may be found true and every man a lyar . We do not all this while contend that Princes are without law , we have in the entrance of our discourse shown the contrary : and we doubt not but that the rights & maners of Kingdoms , are religiously to be observed as well of the Prince as of the People : that the establishment of a Kingdom depends upon the observance of the rights thereof , as well by the one , as by the other : and that the Rights , and Maner of every Kingdom is as sacred as the Kingdom it selfe . When God layd a curse upon those that removed the bounds between private man and private man , he left not the bounds of publique right ( in which all private right is included ) open to secure violation : but what was wicked in the one case he accounted hainous in the other , as carrying with it , not only the transitory fortunes , but even the lives and soules of the People . And for this cause , when God finds in Princes the sinne of those that remove the bounds , he threatens that he will Powre out his wrath on them like water . It will not be unworthy our labour a little to enquire into the reason . Tyranny ( as we have touched ) began first in the Eastern parts , and thence dispersed it selfe through the world . And being from the beginning greivous , and incomportable , in time it discovered it self to be but weak . Withall it was supposed , that the greivousnesse of it consisted in the Monarchall forme , for remedy of which they instituted , in some places Aristocraticall , in some places Popular government , But in the use of them , they all also were discerned to be but other faces of the same tyranny : and men found plainly , that the absolute government of either People , or Nobles , was as well obnoxious unto tyranny , as the sole government of the Prince : and that in which of the three soever the government absolutly resided , the government was both tyrannicall and infirme : and that in every of them the comportablenesse and stability depended only on the well regulating of the soveraigne power , by a reasonable interposition of some power committed into the hands of the two other potent limbs . So it became an experimented principle among Statists ; that the composite forme ( wherein every of the three potent limbs , for the surer support of the instituted State , had such apportioned influence and power as was proper for the frame of government ) was the only firme and durable forme ; and that of the three powers , Regall , Aristocraticall , or Popular , any of them prevailing so far , as to be wholy free from being qualified or tempered by some operation of the other two , corrupted the legitimate form into a tyrannicall , and made a prognostick of the States declining into ruine . This principle of State is not impeached by any instance of long continuance of the old Assyrian , or present Turkish Empire , because the Assyrian had a peculiar advantage of continuance , by the simplicity and unactivenesse of the age it was in . And the Turks to worke their security and continuance , have wholy put out the light of knowledge from among their people , and have subdued them to a false Religion , that has in it selfe no other end , nor office , then only to keep men in subjection ; so that they having deprived themselves of the principall of all conditions of humanity , and made themselves ( in a manner ) an Empire of beasts , the successe of their affaires determines nothing of the event of theirs , that ayme to live as men ; much lesse of theirs , who are to live the lives of supernaturall men , that is to say of Christians . Absolute power then , when it hath neither bound , nor limitation , ( like the naturall heat too much enforced , which soon devoures the radicall moisture that maintaines it ) tends not to prosperity , but to the distruction of itselfe . For all things being created in number , weight , and measure , the destruction of their proportions must needs be the decay of their being . Where there is no inclosure ( saith the wise man ) there the possession goes to decay . For though one , by decaying his fence , gives himselfe liberty to prey upon his neighbours , ( which seems some advantage ) yet he thereby layes himselfe open to be a prey also unto them ; and when after he would close it again , he will find it hard to shut unruly beasts out from the haunt they have once gotten . Now for preservation of the bounds and fences of a Kingdom , it is necessary , not only to have just and equitable lawes , but it must have also an institution of good and sound orders , for the making and executing of those Lawes : which orders must be sacredly observed . for as evill words corrupt good manners ; so evill manners frustrate the effect of all good lawes ; and good manners ( especially those that belong to government ) are not preserved without strict adherence to the instituted orders of the Kingdom . Neither will those orders long continue valid and of use , unlesse the protection and care of them be committed into the hands of some conservatory power , more especially interessed in the continuance of them . Who though not absolutely , nor with any single power of immediate coertion , yet by their powerfull intercession in the Councells , and convocate Assemblies of the State , may be effectually operative to the preservation of the publike right , for which cause the use of these Assemblies are by no meanes long to be neglected . When then the continuance and prosperity of every State , stands upon no surer ground , then the observance of the Rights and Orders of the Kingdome : upon no better stand the lives and fortunes of the Subject , of the Prince , and Royall race ; yea , and of the inheritance , and Church of God himselfe . And it is then no marvaile that God should threaten to powre out his wrath like water on Princes that are like to those that remove the bounds . It is no marvaile that to the Kings of Iudah , ( to whom God ( no question ) with a promise of perpetuity , gave the most absolute dominion that has beene communicable to the Princes of his Church ) he should command , Execute Yee judgement and righteousnes , &c : for then shall King sitting on the throne of David , enter in by these gates , &c : but otherwise , I will prepare destroyers against thee . It is the important consequence that makes God not give the charge without threatning . Though God declares Princes to be Gods among men , yet between him and them , God ( as David confesses ) has made the observance of the rule of justice and religion , to be the condition of their reigning . Bear rule ( saith God to David ) over men , being just , and ruleing in the feare of God . Indeed when Princes derive their authority from Christ , and justly challeng the prerogative of his vice-gerents , it well behoves them to looke that the derivatives faile not of the condition of their primitive . The Scepter of Christs Kingdome is declared to be a right Scepter , and therefore his seat to endure for ever . If his vice-gerents would have their seates durable , they also must have care their Scepters be right Scepters : they must see that the aunciently-established Formes and Orders of their Kingdomes be not violated or neglected , but from time to time renewed and kept : they must not , to be absolute , breake the Rights , and Orders of the Kingdome , and thinke to be good and just Princes in their Arbitrary Rule : it were a reproachfull incongruity , and nothing suitable to the vice-gerents of Christ , to be good and faire Governours of that which they have made a tyrannicall government . The Governours and government must have one face and way , their rule cannot otherwise escape infamy ; not their providence cut off occasion from after times of invading the Rights , and consequently the continuance of their Kingdomes . The Lawes then , the Rights , and Orders of Kingdomes , are most sacred , and binding , even to Kings themselves : but that is to be understood , in Safety , in Honour , in Conscience betweene God and them : not in any way , wherein , in their default , the people can become authorized . For if we looke to what is written , we find that when Subjects doe amisse , they ought to feare , for the Ruler is Gods minister to take vengeance , and beareth not the sword in vaine . But we read of no authority committed to the people , in case the Prince failes of his Duty ; nor of any sword that is to be born by them : if therefore they take the sword , or any course that leades unto it , they take the sword of injustice to the wounding of their own soules . But while we name the people in these things , we doe not make all Subjects , living under the obedience of Soveraignes , naturally to have this protence , that they may doe themselves right , in case their Prince doe not . For as we see them of their owne naturall inclination to desire a King , so we know they naturally submit unto his government . And Prince , and people , of themselves stand naturally well-affected one to the other . But as there are those that are sinisterly officious to the one , so are there toward the other also . And as those often counsell the Prince , as if they would have him pull out the stones from out the foundation of his Throne , to build higher the roofe and enlarge the battlements thereof : so these often perswade the people , that they have the authority of Princes , though they have neither Throne , Scepter , nor any thing belonging to the Sovereigne right : these find pretences , and broach opinions in the peoples behalfe ; and then the people naturally jealous , and impatient of the violation of their supposed Right or Liberty , are facile to entertaine suggestions , and through want of judgment easily carryed away with them ; but wanting also moderation , they so violently adhere unto them , as that with their intemperate prosecution , they often by their owne instruments bring upon themselves the evills that they most doe feare from others . So the people of Rome having expelled their Kings and setled a Republique with such hatred to the memory of them , as that they would not endure the name of King : growing afterward ill satisfied with the proceedings of their Senate , they would not only have Tribunes , ( Guardians of their Liberty , and Rights , ) which was indeed no more then necessary , but they would have their Tribunes indued with Consular authority ; then with that of the Dictator ; of the Pontifex Max : and whatsoever other power the common-wealth afforded . In the end , they made them so unresistable , to vindicate their Liberty against the Nobles , and the Senate , as that in the upshot , when they were become secure against their adverse party , they had no meanes of interposition against the absolutenes of their own Guardians . Insomuch as that Caesar , obtaining to be head of their Faction , could not be hindered , but that even under the formes which they ordained to preserve their Liberty , he introduced a Tyranny more absolute , and worse conditioned , then was that of their Kings , which they expelled . Hitherto tends the Doctrines of those , who while they pretend to instruct for the common good , Liberty , and Right ; doe as it were appeale unto the people , and support their doctrines with the peoples approbation and applause , and do so , in shew , make the people , and indeed themselves , the soveraigne judges of all things . FINIS . Notes, typically marginal, from the original text Notes for div A61099e-110 Prov. 29. 4. Gen. 4. 7. Deut. 17. 15. 1. Sam. 10. 25. Prov. 16. 10. Prov. 8. 15. Psal. 81. 1. Pet. 2. 13. Rom. 13. 5. Prov. 24. 21. Rom. 13. 1. 2. 1. Sam. 15. 22. 2. Sam. 6. 6. 1. Chr. 13. 10 , 1. Cor. 14. 32 , 33. Acts. 7. 25. Exod. 2. 12. Acts. 7. 30. Exod. 3. 10. 1. King. 12. 4. 1. Tim. 2. 1. Prov. 21. 1. Vers. 6. 2. Sam. 24. 1. 1. Sam. 12. 25 1. Sam. 15. 23. & 16. 13. 1. Sam. 24. 5. 1. Sam. 26. 9. 2. Tim. 3. 5. Matth. 7. 16. 2. Tim. 3. 6. 4. 3. Iude. 19. 2. Tim. 3. 3. 2. Pet. 2. 10. Iude. 8. & 11. Numb. 16. Mat. 7. 16. 1. Pet. 2. 21. Psal. 51. Hosea . 5. 10. Eccles. 36. 25. Hosea . 5. 10. Ier. 22. 3. 7. 2. Sam. 23. 3. Psal. 45. 7. Rom. 13. 4. 1. Sam. 8. 5. A82426 ---- An act for the abolishing the kingly office in England, Ireland, and the dominions thereunto belonging. England and Wales. Parliament. This text is an enriched version of the TCP digital transcription A82426 of text R211050 in the English Short Title Catalog (Thomason 669.f.14[2]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A82426 Wing E1086 Thomason 669.f.14[2] ESTC R211050 99869787 99869787 162990 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A82426) Transcribed from: (Early English Books Online ; image set 162990) Images scanned from microfilm: (Thomason Tracts ; 246:669f14[2]) An act for the abolishing the kingly office in England, Ireland, and the dominions thereunto belonging. England and Wales. Parliament. 1 sheet ([1] p.) Printed for Edward Husband, Printer to the Honorable House of Commons, London : March 19. 1648 [i.e. 1649] Caption title. Imprint from colophon. Order to print dated: 17 March 1649. Signed: Hen: Scobel, Cleric. Parliament. Reproduction of the original in the British Library. eng Monarchy -- Great Britain -- Early works to 1800. Great Britain -- History -- Commonwealth and Protectorate 1649-1660 -- Early works to 1800. A82426 R211050 (Thomason 669.f.14[2]). civilwar no An act for the abolishing the kingly office in England, Ireland, and the dominions thereunto belonging. England and Wales. Parliament. 1649 1281 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Mona Logarbo Sampled and proofread 2007-11 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion AN ACT For the Abolishing the KINGLY OFFICE IN ENGLAND , IRELAND , and the Dominions thereunto belonging . WHereas Charls Stuart late King of England , Ireland , and the Territories and Dominions thereunto belonging , hath by authority derived from Parliament , been , and is hereby declared to be justly condemned , adjudged to dye and put to death , for many treasons , marthers , and other hainous offences committed by him , by which Iudgement he stood and is hereby declared to be attainted of High Treason , wherby his Issue and Posterity , & all others pretending Title under him , are become uncapable of the said Crowns , or of being King or Queen of the said Kingdom or Dominions , or either or any of them : Be it therefore Enacted and Ordained , and it is Enacted , Ordained and Declared by this present Parliament , and by authority thereof , That all the people of England and Ireland , and the Dominions and Territories thereunto belonging , of what degree or condition soever , are discharged of all Fealty , Homage and Allegiance which is or shall be pretended to be due unto any of the Issue and Posterity of the said late King , or any claiming under him ; and that Charls Stuart eldest son , and James called Duke of York , second son , and all other the Issue and Posterity of him the said late King , and all and every person and persons pretending Title from , by or under him , are and be disabled to hold or enjoy the said Crown of England and Ireland , and other the Dominions thereunto belonging , or any of them ; or to have the Name , Title , Stile or Dignity of King or Queen of England and Ireland , Prince of Wales , or any of them ; or to have and enjoy the power and Dominion of the said Kingdoms and Dominions , or any of them , or the Honors , Manors , Lands , Tenements , Possessions and Hereditaments belonging or appertaining to the said Crown of England and Ireland , and other the Dominions aforesaid , or to any of them ; or to the Principality of Wales , Dutchy of Lancaster or Cornwal , or any or either of them , Any Law , Statute , Ordinance , Vsage or Custom to the contrary hereof in any wise notwithstanding : And whereas it is and hath been found by experience , that the Office of a King in this Nation and Ireland , and to have the power thereof in any single person , is unnecessary , burthensom and dangerous to the liberty , safety and publique interest of the people , and that for the most part , use hath been made of the Regal power and prerogative , to oppress , impoverish and enslave the subject ; and that usually and naturally any one person in such power , makes it his interest to incroach upon the iust freedom and liberty of the people , and to promote the setting up of their own will and power above the Laws , that so they might enslave these Kingdoms to their own Lust : Be it therefore Enacted and Ordained by this present Parliament , and by Authority of the same , That the Office of a King in this Nation , shall not henceforth reside in , or be exercised by any one single person ; and that no one person whatsoever , shall or may have , or hold the Office , Stile , Dignity , Power or Authority of King of the said Kingdoms and Dominions , or any of them , or of the Prince of Wales , Any law , statute , usage or custom to the coutrary thereof in any wise notwithstanding . And it is hereby Enacted , That if any person or persons shal endeavor to attempt by force of arms or otherwise , or be ayding , assisting , comforting or abetting , unto any person or persons yt shall by any ways or means whatsoever , endeavor or attempt the reviving or setting up again of any pretended Right of the said Charls , eldest Son to the said late King , James called Duke of York , or of any other the Issue & Posterity of ye said late King , or of any person or persons claiming under him or them , to the said Regal Office , Stile , Dignity or Authority , or to be Prince of Wales ; or the promoting of any one person whatsoever , to the Name , Stile , Dignity , Power , Prerogative or Authority , of King of England and Ireland , and Dominions aforesaid , or any of them ; That then every such offence shall be deemed and adjudged High Treason , and the offenders therein , their councellors , procurers , ayders & abettors , being convicted of the said Offence , or any of them , shall be deemed and adjudged Traytors against the Parliament and people of England , and shall suffer , lose and forfeit , and have such like and the same pains , forfeitures , judgements and execution , as is used in case of High Treason : And whereas by the abolition of the kingly Office provided for in this Act , a most happy way is made for this Nation ( if God see it good ) to return to its just & ancient right , of being governed by its own Representatives or National meetings in Councel , from time to time chosen & entrusted for that purpose by the people , It is therefore Resolved and Declared by the Commons assembled in Parliament , That they will put a period to the sitting of this present Parliament , and dissolve the same so soon as may possibly stand with the safety of the people that hath betrusted them , and with what is absolutely necessary for the preserving and upholding the Government now setled in the way of a Commonwealth ; and that they will carefully provide for the certain chusing , meeting and sitting of the next and future Representatives , with such other circumstances of freedom in choyce & equality in distribution of Members to be elected thereunto , as shall most conduce to the lasting freedom and good of this Commonwealth : And it is hereby further Enacted and Declared , notwithstanding any thing contained in this Act , no person or persons of what condition and quality soever , within the Commonwealth of England and Ireland , Dominion of Wales , the Islands of Guernsey and Jersey , and Town of Berwick upon Tweed , shall be discharged from the obedience and subjection which he and they owe to the Government of this Nation , as it is now Declared , but all and every of them shall in all things render and perform the same , as of right is due unto the supreme authority hereby declared to reside in this and the successive Representatives of the people of this Nation , and in them onely . Die Sabbathi , 17 Martii , 1648. ORdered by the Commons assembled in Parliament , That this Act be forthwith printed and published . Hen : Scobel , Cleric ' Parliament ' . London , printed for Edward Husband , Printer to the Honorable House of Commons , March 19. 1648. A86626 ---- The instruments of a king: or, A short discourse of the svvord. The scepter. The crowne. ... Howell, James, 1594?-1666. This text is an enriched version of the TCP digital transcription A86626 of text R5326 in the English Short Title Catalog (Thomason E464_7). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 22 KB of XML-encoded text transcribed from 8 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A86626 Wing H3083 Thomason E464_7 ESTC R5326 99872836 99872836 162233 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A86626) Transcribed from: (Early English Books Online ; image set 162233) Images scanned from microfilm: (Thomason Tracts ; 74:E464[7]) The instruments of a king: or, A short discourse of the svvord. The scepter. The crowne. ... Howell, James, 1594?-1666. Howell, James, 1594?-1666. [4], 11, [1] p. [s.n.], London : Printed in the yeare, 1648. Signed at end: Jam. Howell. The words "The svvord. .. The crowne." are bracketed together on the title page. Annotation on Thomason copy: "Sept ye 18th". Also issued as part of "Some of Mr. Howell's minor works" (Wing 3115) on UMI microfilm set "Early English books, 1641-1700" reel 715:8. Reproduction of the original in the British Library. eng Monarchy -- England -- Early works to 1800. Kings and rulers -- Early works to 1800. A86626 R5326 (Thomason E464_7). civilwar no The instruments of a king: or, A short discourse of the svvord. The scepter. The crowne. ...: Howell, James 1648 3813 3 5 0 0 0 0 21 C The rate of 21 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-04 TCP Assigned for keying and markup 2007-04 Aptara Keyed and coded from ProQuest page images 2007-05 Robyn Anspach Sampled and proofread 2007-05 Robyn Anspach Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion THE INSTRVMENTS OF A KING : OR , A SHORT DISCOVRSE OF The SVVORD . The SCEPTER . The CROWNE . Satis habet Rex ad poenam , Quod Deum expectet Ultorem . 'T is punishment enough for th' King , That God will Him to judgment bring . LONDON . Printed in the Yeare , 1648. The Author's Apology . I Am no Lawyer otherwise then what nature hath made me , so every man , as he is born the child of Reason , is a Lawyer , and a Logitian also who was the first kind of Lawyer : This discoursive faculty of Reason comes with us into the world accompanied with certaine generall notions and principles to distinguish Right from Wrong , and Falshood from Truth : But touching this following Discourse , because it relates something to Law , the Authour would not have adventured to have exposed it to the world , if , besides those common innate notions of Reason , and some private Notes of his owne , he had not inform'd & ascertain'd his judgment by conference with some professed Lawyers , and those the Eminentest in the Land , touching the truth of what it Treats of ; therefore he dares humbly aver that it containes nothing but what is consonant to the fundamentall and fixed Constitutions , to the knowne clear Lawes of this Kingdome . J. ● . THE INSTRUMENTS OF A KING . IN a Successive hereditary Kingdome , as ENGLAND is known and acknowledged to be by all Parties now in opposition , There are 3 things which are inalienable from the Person of the KING : they are , 1. The Crowne . 2. The Scepter . 3. The Sword . The one , He is to carry on His Head , the other in His Hand , and the third at His Side ; and they may be tearmed all three the ensignes or peculiar instruments of a KING : by the first , He Reignes , by the second He makes Lawes , by the third He maintaines them : and the two first are but bables without the last . 1. Touching the Crowne or royall Diadem of England , there is none , whether Presbyterian , Independent , Protestant , or others now in action , but confesse that it descends by a right hereditary Line , ( though through divers Races , and some of them Conquerours ) upon the Head of CHARLES the first now Regnant : 't is His owne by inherent birthright and nature , by Gods law , and the Law of the Land , and these Parliament-men at their first sitting did agnize subjection unto Him accordingly , and recognize Him for their Soveraigne liege Lord : Nay , the Roman Catholick denies not this , for though there were Bulls sent to dispense with the English Subjects for their allegiance to Queen Elizabeth , yet the Pope did this against Her as he took Her for a Heretique , not an Usurpresse , though he knew well enough that She had been declared Illegitimate by the Act of an English Parliament . This Imperiall Crowne of England is adorned and deck'd with many faire Flowers , which are called , royall Prerogatives ; and they are of such a transcendent nature , that they are unforfeitable , individuall , and untransferable to any other : The KING can only summon and dissolve Parliaments : The KING can onely Pardon ( for when He is Crowned , He is sworn to rule in mercy as well as in justice : ) The KING can onely Coyn Money , and enhance or decry the value of it : The power of electing Officers of State , of Justices of Peace , and Assise is in the KING ; He can only grant soveraign Commissions : The KING can only wage War , and make Out-landish Leagues : The KING may make all the Courts of justice ambulatory with His Person , as they were used of old ; 't is true , the Court of Common Pleas must be sedentary in some certain place for such a time ; but that expired , 't is removeable at His pleasure : The KING can only employ Ambassadours and Treat with forain States , &c. These , with other royal Prerogatives which I shall touch hereafter , are those rare and wholsome flowers wherewith the Crowne of England is embellished , nor can they stick anywhere else but in the Crowne , and all confesse the Crowne is as much the KING's , as any private man's Cap is his own . The second regall Instrument is the Scepter , which may be called an inseparable companion , or a necessary appendix to the Crowne ; this invests the KING with the sole Authority of making Lawes , for before His confirmation all results and determinations of Parliament are but Bills or {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , they are but abortive things , and meer Embryos ; nay , they have no life at all in them till the KING puts breath and vigour into them : and the antient custome was for the KING to touch them with His Scepter , then they are Lawes , and have a virtue in them to impose an obligation of universall obedience upon all sorts of people , It being an undeniable maxime , That nothing can be generally binding without the King's royall assent , nor doth the Law of England take notice of any thing without it : This being done , they are ever after stil'd the King's Lawes , and the Judges are said to deliver the King's judgments , which agrees with the holy Text , The King by judgment shall stablish the Land : nay , the Law presumes the King to be alwaies the sole Judge Paramount , and Lord chief Justice of England , for he whom He pleaseth to depute for His chiefest Justice , is but stil'd Lord chief Justice of the King's Bench , not Lord chief Justice of England , which title is peculiar to the KING Himself , and observable it is , that whereas He grants Commissions and Parents to the Lord Chancellour ( who is no other then Keeper of His Conscience ) and to all other Judges , He names the Chief Justice of His own Bench by a short Writ only containing two or three lines : Now , though the King be liable to the Law , and is contented to be within their verge , because they are chiefly His owne productions , yet He is still their Protector , Moderator , and Soveraigne , which attributes are incommunicable to any other conjunctly or separately . Thus the KING with His Scepter , and by the mature advice of His two Houses of Parl. which are His highest Councel & Court , hath the sole power of making Laws ; other Courts of judicature doe but expound them and distribute them by His appointment , they have but Juris dati dictionem or declarationem , and herein , I meane for the Exposition of the Lawes the twelve Judges are to be believed before the whole Kingdom besides . They are as the Areopagites in Athens , the chief Presidents in France and Spaine in an extraordinary Junta , as the Cape-Syndiques in the Rota's of Rome , and the Republique of Venice whose judgments in point of interpreting Lawes are incontroulable , and preferred before the opinion of the whole Senate whence they received their being ; and who hath still power to repeal them , though not to expound them . In France they have a Law-maxime , Arrest donné en Robbe rouge est irrevocable , which is , a Scarlet Sentence is irrevocable , meaning when all the Judges are met in their Robes , and the Client against whom the Cause goes , may chafe and chomp upon the bit , and say what he will for the space of 24 howers against his Judges , but if ever after he traduces them , he is punishable : It is no otherwise here where every ignorant peevish Client , every puny Barister , specially if he become a Member of the House will be ready to arraign and vie knowledge with all the reverend Judges in the Land , whose judgement in points of Law shold be only tripodicall and sterling : so that he may be truly call'd a just King , and to rule according to Law , who rules according to the opinion of his Judges ; therfore , under favor , I do not see how his Majestie for his part could be call'd injust when he leavied the Ship-money , considering he had the judges for it . I now take the Sword in hand , which is the third Instrument of a King , ( and which this short discours chiefly points at ) it is aswell as the two first , incommunicable and inalienable from his Person ; nothing concernes his honor more both at home and abroad ; the Crown and the Scepter are but unweildy and impotent naked indefensible things without it . There 's none so simple as to think there's meant hereby an ordinary single sword , such as ev'ry one carrieth by his side , or som imaginary thing or chymera of a sword ; No , 't is the polemical publique sword of the whole Kingdom , 't is an aggregative compound sword , and 't is moulded of bell-metall ; for 't is made up of all the ammunition and armes small and great , of all the military strengths both by Land and Sea , of all the Forts , Castles and tenable places within and round about the whole I le : The Kings of England have had this sword by vertue of their royall signory from all times , the Laws have girded it to their sides , they have employed it for repelling all forren force , for revenging all forren wrongs or affronts , for quelling all intestine tumults , and for protecting the weal of the whole body politike at home : The peeple were never capable of this sword , the fundamentall constitutions of this Kingdom deny it them ; 't is all one to put the sword in a mad mans hand , as in the peeples ; or for them to have a disposing power in whose hands it shall be . Such was the case once of the French sword , in that notorious insurrection call'd to this day La Jaqueris de Beauvoisin , when the Pesants and Mechanics had a design to wrest it out of the Kings hand , and to depresse all the Peers & Gentry of the Kingdom ; & the busines had gone very far , had not the Prelats stuck close to the Nobility ; But afterwards poor hare-brain'd things they desire the King upon bended knees to take it againe ; Such popular puffs have blowen often in Poland , Naples and other places , where while they sought and fought for liberty by retrenching the regall power , they fool'd themselfs into a slavery unawares , and found the rule right , that excess of freedom turns to thraldom , and ushers in all confusions . If one shold go back to the nonage of the world , when Governers and Rulers began first , one will find the peeple desir'd to live under Kings for their own advantage , that they might be restrain'd from wild exorbitant liberty , and kept in unity ; Now unity is as requisit for the welbeing of all naturall things , as entity is for their being , and 't is a receiv'd maxim in policy , that nothing preserves Unity more exactly then Royall Government : besides 't is known to be the noblest sort of sway ; In so much that by the Law of Nations , if Subjects of equall degrees , and under differing Princes shold meet , the Subjects of a King shold take predency of those under any Republique , and those of a successif Kingdom , of those that are under an Electif . But to take up the Sword again . I say that the Sword of public power & authoritie is fit only to hang at the Kings side , & so indeed shold the great Seal hang only at his girdle , because 't is the Key of the Kingdom : which makes me think of what I read of Charlemain , how he had the imperiall Seal emboss'd alwaies upon the pommell of his sword , and his reason was , that he was ready to maintain whatsoever he signed , and sealed . The Civilians , who are not in all points so great friends to Monarchy as the Common Law of England is , say , there are six lura Regalia , six Regall Rights , viz. 1. Potestas Iudicatoria , 2. Potestas vitae & necis , 3. Armamenta , 4. Bona adespota , 5. Census , 6. Monetarum valor : to wit , Power of Judicature , power of life and death , all kind of arming , masterlesse goods , Sessements , and the value of money . Among these Regalias , we find that Arming , which in effect is nought else but the Kings Sword , is among the chiefest ; and 't is as proper and peculiar to his person , as either Crown or Scepter . By these two he drawes a loose voluntary love and opinion onely from his Subjects , but by the Sword he drawes reverence and awe , which are the chiefest ingredients of allegiance , it being a maxime , That the best mixture of government is made of feare and love . With this sword he conferrs honor , he dubbs Knights , he creates magistrats , the Lord Deputy of Ireland , the Lord Mayor of London with all other Corporations have their swords from him , and when he entreth any place corporat , we know the first thing that is presented him is the Sword : With this Sword he shields and preserves all his peeple that ev'ry one may sit quietly under his own Vine , sleep securely in his own House , and enjoy sweetly the fruits of his labours . Nor doth the point of this sword reach only to ev'ry corner of his own dominions , but it extends beyond the seas to gard his Subjects from oppression , and denial of justice , as well as to vindicate the publike wrongs , make good the interests of his Crown , and to assist his confederates ; This is the sword that Edward the third tied the Flower deluces unto ( which stick still unto it , ) when having sent to France to demand that Crown by maternall right , the Counsell there sent him word that the Crown of France was not tied to a d●staff , to which scoffing answer he replied that then he wold tie it to his sword , and he was as good as his word . Nor is this publike sword concredited or intrusted by the peeple in a fiduciary conditionall way to the King , but it is properly and peculiarly belonging unto him , as an inseparable concomitant , perpetuall Usher and attendant to his Crowne . The King , we know , useth to maintain all garrisons upon his own charge , not the peeples ; he fortifies upon his own charge , not the peeples : And though I will not averr , that the King may impresse any of his Subjects , unlesse it be upon an actuall invasion by Sea , or a sudden irruption into his Kingdom by Land , as the Scots have often don , yet at any time the King may raise Volunteers , and those who have received his money , the Law makes it felony , if they forsake his service . Thus we see there 's nothing that conduceth more to the glory , and indeed the very essence of a King then the Sword , which is the Armes and military strength of his Kingdome ; wherfore under favor , there cannot be a greater point of dishonor to a King then to be disarmed , then to have his Sword taken from him , or dispos'd of and intrusted to any but those whom he shall appoint ; for as à minori ad majus the Argument often holds , if a privat Gentleman chance to be disarm'd upon a quarrell , 't is held the utmost of disgraces , much greater and more public is the dishonor that falls upon a King , if after some traverses of difference 'twixt him and his Subjects , they shold offer to disarme him , or demand his sword of him : when the Eagle parted with his talons , and the Lion with his teeth and ongles , the Apolog tells us how contemptible afterwards the one grew to be among Birds , the other among Beasts . For a King to part with the Sword politic is to render himself such a ridiculous King , as that logg of wood was which Jupiter let down among the froggs for their King at the importunity of their croaking ; 't is to make him a King of clouts , or as the Spaniard hath it , Rey de Havas , a Bean-King , such as we use to choose in sport at Twelf-night . But my hopes are , that the two present Houses of Parlement ( for now they may be call'd so , because they begin to parley with their King , ) wil be more tender of the honor of their Soverain Liege Lord , which , together with all his Rights and Dignities , by severall solemn Oaths , and by their own binding instruments of Protestation and Covenant , ( not yet revok'd ) they are sworn to maintain , and that they will demand nothing of him which may savour of Aspertè or force , but what may hold water hereafter : But now , touching the Militia or Sword of the Kingdom , I think , under favor , the King cannot transfer it to any other ; for that were to desert the protection of his people , which is point-blank against his Coronation Oath and his Office : What forren Prince or State will send either Ambassador , Resident or Agent to him , when they understand his Sword is taken from him ? What reformed forren Church wil acknowledg Him Defender of the Faith , when they hear of this ? Nay , they who wish England no good will , will go neer to paint him out , as not long since another King was , with a fair velvet Scabbard , a specious golden hilt and chape , but the blade within was of wood . I hope that they who sway now , will make better use of their successes : Many of them know 't is as difficult a thing to use a victory well , as to get one ; there is as much prudence requir'd in the one , as prowesse in the other ; they wil be wiser sure then turn it to the dishonor of their King : it being a certaine rule , that the glory of a Nation all the world over depends upon the glory of their King , and if he be any way obscur'd , the whole Kingdom is under an eclipse . I have observed , that among other characters of gallantry , which forren Writers appropriat to the English Nation , one is , that they use to be most zealous to preserve the Honor of their King ; I trust that they who are now upp will return to the steps of their Progenitors , both in this particular and divers other ; that their successes may serve to sweeten and moderat things , and suppresse the popular Sword which still rages ; And it had been heartily wished that a suspension of Arms had preceded this Treaty , which useth to be the ordinary fore-runner , and a necessarie antecedent to all Treaties ; for while acts of hostility continue , som ill favour'd newes may intervene which may imbitter and disturb all : nor can it be expected that the proceedings will goe on with that candor and confidence , while the old rancor is still in action ; 't is impossible a sore shold heale till the inflamation be taken away ; To cast water into a wound instead of oyle is not the way to cure it : or to cast oyle upon a fire instead of water is not the way to quench it ; poor England hath had a consuming fire within her bowells many yeeres , she is also mortally wounded in all her members , that she is still in a high Fever , which hath made her rave and speak idle a long time ; and 't is like to turn to a Hectic if not timely prevented . I p●ay God she may have no occasion to make use of the same complaint as Alexander the great made when he was expiring his last , Perii turba Medicorum : too many Physitians have undon me . To conclude in a word , there is but one only way , under favor , to put a period to all these fearfull confusions ; it is , to put the great Master-wheele in order , and in its due place again , and then all the inferior wheels will move regularly ; let the King be restor'd , and ev'ry one will com to his own , all interests will be satisfied , all things quickly rectified ; till this be done , 't is as absurd to attempt the setling of peace , as if one shold go about to set a Watch by the gnomon of an horizontall Diall when the Sun is in a cloud . Dolor Capitis est Caput Doloris . Jam. Howell . 16. Septemb. 1648. A91204 ---- Mr. Pryn's last and finall declaration to the Commons of England, concerning the King, Parliament, and Army. And his remonstrance and proposals to the kingdome, shewing, that it is high treason, to compasse or imagine the deposition or death of our Soveraign Lord King Charles. With the oath of allegiance to His Majesty, taken by the Parliament men, before their admission into the House as members. / By William Pryn, of Lincolns-Inne, Esq. Prynne, William, 1600-1669. This text is an enriched version of the TCP digital transcription A91204 of text R205366 in the English Short Title Catalog (Thomason E537_12). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 11 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A91204 Wing P3992 Thomason E537_12 ESTC R205366 99864767 99864767 116999 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A91204) Transcribed from: (Early English Books Online ; image set 116999) Images scanned from microfilm: (Thomason Tracts ; 83:E537[12]) Mr. Pryn's last and finall declaration to the Commons of England, concerning the King, Parliament, and Army. And his remonstrance and proposals to the kingdome, shewing, that it is high treason, to compasse or imagine the deposition or death of our Soveraign Lord King Charles. With the oath of allegiance to His Majesty, taken by the Parliament men, before their admission into the House as members. / By William Pryn, of Lincolns-Inne, Esq. Prynne, William, 1600-1669. [2], 6 p. s.n.], [London : Printed in the year, 1648 [i.e. 1649] Place of publication from Wing. Annotation on Thomason copy: "Jan: 5th". Reproduction of the original in the British Library. eng Charles -- I, -- King of England, 1600-1649 -- Early works to 1800. England and Wales. -- Army -- Early works to 1800. Oaths -- England -- Early works to 1800. Monarchy -- Great Britain -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. A91204 R205366 (Thomason E537_12). civilwar no Mr. Pryn's last and finall declaration to the Commons of England, concerning the King, Parliament, and Army.: And his remonstrance and prop Prynne, William 1649 1979 6 0 0 0 0 0 30 C The rate of 30 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-02 TCP Assigned for keying and markup 2007-03 Apex CoVantage Keyed and coded from ProQuest page images 2007-04 Emma (Leeson) Huber Sampled and proofread 2007-04 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Mr. PRYN'S last and finall DECLARATION To the COMMONS of ENGLAND , Concerning the KING , PARLIAMENT , And ARMY . AND His Remonstrance and Proposals to the Kingdome , shewing , That it is High Treason , to compasse or imagine the deposition or death of our Soveraign Lord King CHARLES . WITH The Oath of Allegiance to His Majesty , taken by the Parliament men , before their admission into the House as MEMBERS . By WILLIAM PRYN , of Lincolns-Inne , Esq. Printed in the Yeer , 1648. Master PRYNS Declaration to the KINGDOME Concerning The apparent danger of his Majesties Royall person , and the present proceedings of the Parliament and Army in order to the deposing of Charles Steward , their lawfull King of England , &c. Gentlemen , and Fellow Commoners , VVHereas my self , and above 200 Members more being forcibly secluded from siting in the house of Commons , by the Officers of the Army , I therefore held it my duty , to impart unto you these ensuing Proposals . First , That by the common law of the Realm , the stat . of 25 E. 3. and all other Acts concerning Treason , it is no lesse then high treason for any man to compasse or imagine the deposition or death of the King , or of his eldest Sonne and heire , though it be never executed , much more if actually accomplished , and that many have been arraigned , condemned , and executed , for such intended treasons in former ages , as the E. of Arundell , and others , by judgment in Parl. Secondly , That in the Oath of Allegiance whlch you have all taken , immediatly before your admission into the house as Members ; You do truly and sincerely acknowledge , professe , testifie and declare in your consciences , before God & the World , That our Soveraign Lord King Charles , is lawfull and rightfull King of this Realme , and of all other his Maj. Dominions and Countries . Thirdly , That your selves , among other members , have in above one hundred Remonstrances and Declarations , professed , both to the King himself , kingdom , world , & forraign States , that you never intended the least hurt , injury , or violence to the Kings person , Crown , Dignity , or Posterity ; but intended to him and his Royal posterity , more honour , happinesse , gr●atnesse , and glory , then ever was yet enjoyed by any of his Predecessors , that you have proposed no other ends to your selves , but the performance of all duty and loyalty to his Maj. person , That his personal safety , honour , & greatnesse , are much dearer to you then your own lives and fortunes , which you do most heartily dedicate , and shall most willingly imploy for the maintenance and support thereof , That the Parl. will ever have a care to prevent any danger which his Majesty may justly apprehend to his person : with many other such like expressions . Which , whether your present Actings and Councels do not directly oppose , contradict , and give the lye unto , to your eternal infamy , and breach of publike faith , as much as in you lies , let the world and all men judge ; as they will do in due season . The rule in the Old Testament is , not to take any wicked Kings from their Thrones , ●nd behead them : but ( Rom : ●3 : 1 , 2 , &c. ) Take away the wicked from before the King , and his Throne shall be established in Righteousnesse . And the rule in the new Testament . To be subject to Kings , and the higher powers , and to submit vnto them , even for Conscience and the Lords sake : and to make prayers , supplications , and intercessions for them , that under them we may lead a quiet and peaceable life , in all godlinesse and honesty : for this is good and acctptable in the sight of God our Saviour : not to depose or shed their bloud , for which there is no precept . And is not this plain way of God , the safest for you and the Army to follow , yea the only short cut to peace and settlement ? Ruminate upon it , and then be wise , both for your soules good , and the welfare of poor England . Fourthly , Remember , that no protestant King or State , ever yet defiled their hands , or stained the purity and honour of their Reformed Religion , with the deposition , or bloud of any of their Kings and Princes , much lesse of a protestant king or Prince , of a temperate and sober life , as the King is ; who never imbrued his own hand in any one mans bloud , in any tyrannical or bloudy way before or since the warres ( for ought I can hear ) but only in a Military . Fifthly , Consider , that the Scots delivered the King to our Commis. at Newcastle , upon this expresse condition , That no violence should be offered to his person , &c. according to the Covenant . How then can you un-king , depose him , or take away his life upon pretext of Justice , which if you do , you ingage both kingdoms to war against you , and to crown the Prince of VVales their King , as being next heir apparent . WIL : PRYN . A Declaration touching the King . AFter mature deliberation upon the proceedings of the Lord General Fairfax , and the General councel of Officers , in relation to the establishing of a firm and lasting peace within this bleeding , torne , and tottering kingdom , and the erecting of a pure and sound Government according to the Law of Nature , and the fundamental laws of this Realm , and after several conferences and disputations in order thereunto , divers of the Presbyterian party frequented to Westminster , and other places , where they had severall disputations and conferences with the Officers , and other members of the Army ; and after some debate upon the Foundation , of the grounds and principles of the Agreement of the People , the Presbyterians declared a great dislike thereof , remonstrating , That it was not founded upon a firm Rock ; to which objections , severall answers were made , for cleering such scruples and cautions , as seemed difficult to many ; And as for the person of the King , they further declared , that notwithstanding the present Ordnance of Attainder against his Maj. yet they conceived it requisite and lawfull , that the prayers of the Ministery bee still continued in every Congregation throughout his Maj. Realmes and Dominions ; desiring , that he may have a legal tryall , and that Hee may not be degraded of his Titles and Honours : Concerning which , be pleased to peruse this ensuing Letter from Holland , touching the degrading of his Majesty . Sir , We are here in a kind of amazement , to hear that your King should be designed for the grave before his time : Believe it , there 's nothing more characterizes men wise in the opinion of the wisest meer man , then that they see a far off , not the plague of the body only , though that , but judgments somtimes for evildoing , somtimes for acting indiscreetly in matters that may be done . That which may lawfully bee done , it may be absurd to do at some time : The taking away life , which is that prized above all , by him that all account wise , is not just ( say some ) at any time , unlesse there be a law that makes the thing done death , and death to him that doth it : The supream power of England that forbids any to judge of treason in a constructive way , but themselvs have retaind in themselvs a power to judge such and such practises and endeavours to amount to treason or death . In particular , supose there were law , or it were in the power of the Lords and Commons to take awoy the life of the present King , yet if England , Scotland , and Ireland shal be made more miserable thereby in reason , and the waas renewed , to the probable ruine of the Nations , and chiefly to those who pretend most to piety and justice therein , it were better not . That it 's dangerous this may be said : If you cut off , you must set up , vacuities of that nature suddainly introduce confusion : If you set up , it must either be a new King , or a new Government ; if a new King , then the next of kinne , and if him , then let his ●complyance be what it will , his Fathers death cannot bee ●orgot ; no , the danger of his mothers influence , who will remain in banishment , be easily got over , refuse he to come in , as it 's most like , he hath the afore-named written upon his brest , hesides his hereditary claim , his marriage , which no man that hath a purse , but will endowry with a daughter , raise an army of 20000 to restore a son in law , and make his daughter Queen of 3 kingdoms , which by reason of scituation , and inherent accommodations may ( well managed ) be the ballancing power of Christendom . If any other , or a new Government , the objections are the same , & all the line & that successively are made enemies to boot ; besides hath the Parl. or army yet got so much love ? are they so deep in the hearts of the people , that they can assure themselves the newtrals , or those who have gone farre with them will quiesce ? But the answer is ready , we have an Army that cannot be over come , neither by what can rise here , or come from abroad . So had Alexander , but Alexander was poysoned , and what then became of his Army ? ruin approached . Some wil boast they fear no colours , nor danger , for they have the swiftest horse in the Kingdom ; but what if that horse stumble , and throw his Rider : where 's the man , the horse wandering up and down , as the fed Hauk for food , comes to the hand of a child ? Hague 2 Jan. 1648. The Heads of the Armies Deolaration . 1 That they were great promoters of the Kings design . 2 Of promoting the Kings design in Scotland , obstructing the Lord Lisle , and promoting the L. Inchequin . 3 That they incouraged the force that was set upon the Houses by the London Apprentises , hindered and obstructed such things a● tended to the settlement of the Kingdom , &c. That therefore to the end that there might be a speedy way for setling the same , they excluded them the House , and intend very speedily to send in the Charge against them . FINIS . A91867 ---- Reasons to resolve the unresolved people of the legality of the Kings tryal and judgment. / By Rob. Robins. Imprimatur, Gilb. Mabbot. Robins, Robert. This text is an enriched version of the TCP digital transcription A91867 of text R206031 in the English Short Title Catalog (Thomason E545_10). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 7 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A91867 Wing R1645 Thomason E545_10 ESTC R206031 99865231 99865231 117468 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A91867) Transcribed from: (Early English Books Online ; image set 117468) Images scanned from microfilm: (Thomason Tracts ; 84:E545[10]) Reasons to resolve the unresolved people of the legality of the Kings tryal and judgment. / By Rob. Robins. Imprimatur, Gilb. Mabbot. Robins, Robert. 8 p. Printed for Robert White, London : Feb. 26. [1649] Annotations on Thomason copy: "1648"; after 'Rob. Robins.': "Hobgoblin". Reproduction of the original in the British Library. eng Charles -- I, -- King of England, 1600-1649 -- Early works to 1800. Monarchy -- Great Britain -- Early works to 1800. Great Britain -- History -- Commonwealth and Protectorate, 1649-1660 -- Early works to 1800. A91867 R206031 (Thomason E545_10). civilwar no Reasons to resolve the unresolved people: of the legality of the Kings tryal and judgment. / By Rob. Robins. Imprimatur, Gilb. Mabbot. Robins, Robert 1649 1324 1 0 0 0 0 0 8 B The rate of 8 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2007-03 TCP Assigned for keying and markup 2007-03 Aptara Keyed and coded from ProQuest page images 2007-04 Celeste Ng Sampled and proofread 2007-04 Celeste Ng Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion REASONS TO Resolve the unresolved PEOPLE Of the Legality of the KINGS Tryal and Iudgment . By Rob. Robins . Imprimatur , Gilb. Mabbot . LONDON . Printed for Robert White . Feb. 26. REASONS To resolve the unresolved People of the Legality of the KINGS Tryal and Judgment . LECTORI . True Englands Truths I would declare to thee , If Englands Iayls my Guerdon might not be . Imprimis . HE saith , that he is King successive , which if he be , he should have declared , That his Interest to the succession , was an hereditary , or an elective succession : If an hereditary succession , then hereditary from the Conquest ; if so , then by the sword have we freed our selves from slavery , as we we were by the sword inslaved ; if electory , then the Electors may reclaim their own power , and call the elected to an account , his authority arising from the Electors . At the death of Kings , all the Officers of his Court lay their offices at the dead Kings feet . This ceremony doth declare , That all offices and trusts dye with him , and then ( if not in a Parliament time ) the Bishops , Dukes , Earls , Barons , Chief Justices , and Judges , proclaim the next Heir to the dead King , King ; which ceremony doth manifest , that they are electory , and not hereditary : For the Bishops , Dukes , &c. are the Body of the Kingdom , and Councel of the people , and their Representative out of Parliament , trusted by the King for the peoples weal ; and if electory , why shall not the people elect whom they please ? and when the trust is abused , which the elected is trusted with , why shall not the people call the elected to an account of his trust , and punish him according to the Common Law ( which is Reason ) for breach of trust , if he refuse to yield an account of his trust ? It hath been Englands , and other Kingdoms Custom , to call to highest Offices , such as were of greatest fame , repute , quality , and estates , thereby imagining , that they who are conceived most honorable , and most rich ; are best bred in knowledg , and would duly discharge their trusts , for conscience and honors sake , and to preserve their estates , being lyable to restitution for wrong doing . The trust that Kings of England are trusted with , is , to govern well , and therefore hath the name of Rex , being a derivative name or word , from Rego , to Govern ; which word , if observed well , will tell you what Rex , a King , is ; for it is an old Proverb , Regum est parcere subjectis , & debulare superbos ; Regum est ▪ id est , officium Regum , the office and duty of Kings . The King enjoyes the Crown , not as his , but the Kingdoms , nor can grant any office before he is sworn ; and when he is sworn , it is by the peoples Representative , trusted for that office , by the dead King , in his life time ; and the Crown Lands , after he is sworn , and crowned , allotted him for maintenance , as a reward to maintain him , to execute his office . After he is sworn to execute such trusts as the people have trusted him with , he is by the hands of the Archbishop of Canterbury , ( the chief Ecclesiastical Minister in England , clothed in white ) crowned with a Golden Crown , beset with Diamonds , and other rich Jewels , which carry a lustre round about the Crown and Head ; which is a Celestial Type , fit for such a man , as a glorious renown , that will discharge that great trust he is trusted with , and hath sworn to execute it . By vertue of his oath , he is Chief Justice of England , to administer true Justice , as well to poor as to rich , without respect of persons ; and hath thereby power to call to his assistance , Wisemen , and Lawyers , and to depute them , swear them , and locate them at his pleasure ; and if they do not well demean themselves , to displace them , and call others . He is also Lord Chancellor , and maketh a Seal ( which is Treason to counterfeit , for fear of wrong to be done by it to his trust , which he is trusted with ) and is to hear and determine in equity , what Reason , which is Common Law , may impose upon any man contrary to equity . He is Receiver of the Revenue of the Kingdom , being trusted in his hands for maintenance of Officers deputed by him in Courts of Justice for his assistance , in executing true Justice . He is Admiral of the Sea , and the Tonnage and Poundage the Kingdoms , trusted in his hands for maintenance of a Navy , to protect the Merchants from Pirates and Sea Rovers . He is Constable of all the Towers , Castles , Forts , and Arms in the Kingdom , being the Militia , which is moenia Angliae , trusted in his hands by the people , and by them bought to preserve the Kingdom against forraign Invasions , and domestick Rebellions . He is Gaurdian of many Infants , until they come to the age of twenty one yeers , left by their Parents hereditary estates ; and to preserve the Orphant and estate , and to breed them in the fear of God , and learning , and to account when they come to age . He is Keeper and Preserver of the Peace of the Kingdom , and to see the Statute Laws put in execution ; and to have a care , that if any shall offend against it , to fine and punish him at his pleasure , or at the pleasure of such Judges or Justices as he shall depute . Many more Trusts have the people reposed in him , which for brevity , I omit , and he hath broken them ; he hath turned the Militia into the peoples bowels , and killed them with it ; he hath taken the Merchants , with the Tonnage and Poundage , and spoyled their Ships , and Goods at Sea . Equity hath he turned into cruel iniquity , contrary to a good Conscience ; he hath sold Justice , and placed Ignorance in her Seat ; he hath sold the peoples Interest to monopolizing Creatures ; he hath thrown wisdom and honesty into prison , protected the wicked , and punished the innocent ; he claimeth the Militia , the Revenue , the Tonnage and Poundage , the Crown , and Crown Lands , to be his , and not the peoples ; and refuseth to account to the people , being demanded several times , and saith he will account to none but God , and will not by fair means , nor legal tryal , give any answer ; and therefore , according to Englands Laws hath his sentence , as consessing all that is charged upon him , in respect he denyeth it not . Now let all the world judg , whether the people have justly recalled their own Interest , and adjudged him to death for such abuses , and refusing to account . A29958 ---- De jure regni apud Scotos, or, A dialogue, concerning the due priviledge of government in the kingdom of Scotland, betwixt George Buchanan and Thomas Maitland by the said George Buchanan ; and translated out of the original Latine into English by Philalethes. De jure regni apud Scotos. English Buchanan, George, 1506-1582. 1680 Approx. 229 KB of XML-encoded text transcribed from 74 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A29958 Wing B5275 ESTC R19572 12399655 ocm 12399655 61242 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A29958) Transcribed from: (Early English Books Online ; image set 61242) Images scanned from microfilm: (Early English books, 1641-1700 ; 271:12) De jure regni apud Scotos, or, A dialogue, concerning the due priviledge of government in the kingdom of Scotland, betwixt George Buchanan and Thomas Maitland by the said George Buchanan ; and translated out of the original Latine into English by Philalethes. De jure regni apud Scotos. English Buchanan, George, 1506-1582. Maitland, Thomas. Philalethes. [10], 133, [1] p. s.n.], [S.l. : 1680. Reproduction of original in British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Kings and rulers -- Duties -- Early works to 1800. Monarchy -- Early works to 1800. Scotland -- Constitutional law. 2004-03 TCP Assigned for keying and markup 2004-04 SPi Global Keyed and coded from ProQuest page images 2004-05 Melanie Sanders Sampled and proofread 2004-05 Melanie Sanders Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion DE JURE REGNI APUD SCOTOS . OR A Dialogue , concerning the due Priviledge of Government in the Kingdom of Scotland , Betwixt GEORGE BUCHANAN And THOMAS MAITLAND , By the said GEORGE BUCHANAN . And translated out of the Original Latine into English. By PHILALETHES . Printed in the Year 1680. The TRANSLATOR To the READER . Candide Reader , I Have presumed to trouble your attention with the Ceremony of a Preface , the end and designe of which is not to usher in my Translation to the world with curious embellishments of Oratory ( that serving only to gratify , or enchaunt a Luxuriant fancy ) but allennatly to apologize for it , in case a Zoilus , or a Momus , shall happen to peruse the same . Briefly , then I reduce all that either of these will ( as I humbly perceive ) object against this my Work ▪ to these two Generals , Prevarication and Ignorance . First , they will call me a Prevaricator or prevaricating Interpreter , and that upon two accounts . 1. Because I have ( say they ) sophisticated the genuine sense and meaning of the learned Author , by interpreting and foisting in spurious words of mine own . Secondly , That I have quite alienated the literal sense in other places by a too Paraphrastical exposition . To the first I answer , that none are ignorant , that the Original of this piece is a lofty Laconick stile of Latine : Now I once having undertaken Provinciam Interpretis , behoved to render my interpretation somewhat plain , and obvious , which I could never do in some places , without adding some words ( claritatis gratiâ ) but alwayes I sought out the scope ( as far as my shallow capacity could reach ) and suited them thereunto . Wherein I am hopfull , that no ingenuous impartial Reader not prepossessed wiih prejudice against the matter contained in the Original , and consequently against the Translation thereof , will find much matter of quarrell upon that account , if he will but take an overly view of the Original , and so compare the Translation therewith . For I have been very sparing in adding ought of my own . To the second branch of the first challenge I answer briefly ; there are none who have the least smattering of common sense , but know wel enough , that it is morally impossible for an Interpreter to make good language of any Latine piece , if he shall alwayes verbum verbo redere ; I mean , if he adhere so close to the very rigour of the Original , as to think it illicite to use any Paraphrase , although the succinctness and summary comprehensiveness of the Original stile even cry aloud for it , as it were ; but to silence in a word these Critical Snarlers , where ever I have used any Paraphrase , I likewise have set down the exposition ad verbum ( to the best of my knowledge ) as near as I could . The Second Challenge is of Ignorance , & that because I have passed by some Latine verses of Seneca , which are at the end of this Dialogue , containing the Stoicks description of a King , without translating them into English. Now , true it is I have done so , not because I knew not how to interpret them ( for I hope , Candide Readers at least will not so judge of me ) but because I thought it not requisite to meddle with them , unless I could have put as specious a lustre upon them , as my pen would have pulled off them ( for otherwise I would have greatly injured them ) which could never be done without a sublime veine of Poesy , wherein I ingenuously profess ignorance : so that if the last challenge be thus understood , transeat , because Nec fonte labra prolui Cabalino , Nec in bicipiti somniasse Parnasso , Memini ut repente sic Poeta prodirem . And hence it is , that all the Latine verses , which occurre in this Dialogue , are by me translated into Prose , as the rest : But I fear I have wearied your patience too long already , and therefore I will go no further , I wish you satisfaction in the Book , and so Vive & Vale. A DIALOGUE Treating of the JUS , OR RIGHT , which the Kings of Scotland have for exercising their Royal Power . GEORGE BUCHANAN , Author . George Buchanan to King James , the Sixth of that name King of Scots , wisheth all health and happiness . I Wrote several years ago , when amongst us Affaires were very turbulent , a Dialogue of the Right of the Scots Kings , wherein I endeavoured to explain from the very beginning ( if I may so say ) what Right , or what Authority both Kings and People have one with another . Which book , when for that time it seemed somewhat profitable , as shutting the mouths of some , who more by importunat clamours at that time , than what was right , inveighed against the course of affaires , requiring they might be levelled according to the rule of right reason ; but matters being somewhat more peaceable , I also having laid down my armes , very willingly devoted my self to publick concord . Now having lately fallen upon that disputation , which I found amongst my papers , and perceiving therein many things which might be necessary for your age ( especially you being placed in that part of humane affaires ) I though good to publish it , that it might be a standing witness of mine affection towards you , and admonish you of your duty towards your Subjects . Now many things perswaded me that this my endeavour should not be in vain : especially your age not yet corrupted by prave opinions , and inclination far above your years for undertaking all heroicall and noble attempts , spontaneously making haste thereunto , and not only your promptitude in obeying your Instructors and Governours , but all such as give you sound admonition , and your judgment and diligence in examining affaires , so that no mans authority can have much weight with you , unless it be confirmed by probable reason . I do perceive also , that you by a certain natural instinct do so much abhorre flattery , which is the nurse of Tyranny , and a most grievous plague of a Kingdome , so as you do hate the Court solaecismes & barbarismes no less , than those that seeme to censure all elegancy , do love and affect such things , & every where in discouse spread abroad , as the sawce thereof , these titles of Majesty , Highness , and many other unsavoury compellations . Now albeit your good natural disposition , & sound instructions , wherein you have been principled , may at present draw you away from falling into this errour , yet I am forced to be some what jealous of you , lest bad company , the fawning foster-mother of all vices , draw aside your soft and tender mind into the worst part ; especially seeing I am not ignorant , how easily our other senses yeeld to seduction . This book therefore I have sent unto you to be not only your monitor , but also an importunat and bold Exactor , which in this your tender and flexible years may conduct you in safety from the rocks of flattery , and not only may admonish you , but also keep you in the way you are once entred into : and if at any time you deviat , it may reprehend and draw you back , the which if you obey , you shall for your self and for all your Subjects acquire tranquillity and peace in this life , and eternal glory in the life to come . Farewell , From Stirveling , the tenth day of January in the year of mans salvation one thousand five hundred seventy nine . A DIALOGUE Concerning that JUS , or RIGHT of Government amongst the SCOTS . Persons , GEORGE BVCHANAN , And THOMAS MAITLAND . THomas Maitland beeing of late returned home from France , and I seriously enquiring of him the state of affaires there , began ( for the love I bear to him ) to exhort him to continue in that course he had taken to honour , and to entertain that excellent hope in the progress of his studies . For if I , being but of an ordinary spirit , and almost of no fortune , in an illiterat age , have so wrestled with the iniquity of the times , as that I seeme to have done somewhat : then certainly they who are born in a more happy age , & who have maturity of years , wealth and pregnancy of spirit , ought not to be deterred by paines from noble designes , nor can such despair beeing assisted by so many helps . They should therefore go on with vigour to illustrat learning , and to commend themselves and those of their nation to the memory of after ages , & posterity , yea if they would but bestirre themselves herein somewhat actively , it might come to pass , that they would eradicat out of mens minds that opinion , that men in the cold regions of the world , are at as great distance from learning , humanity , & all endowments of the mind , as they are distant from the Sun. For as Nature hath granted to the Affricans , Egyptians , and many other Nations more subtile motions of the mind , and a greater sharpness of wit , yet she hath not altogether so far cast off any nation , as to shut up from it an entry to vertue and honour . Hereupon , whilst he did speak meanly of himself ( which is his modesty ) but of me more affectionatly than truely : at last the tract of discourse drew us on so far , that when he had asked me concerning the troubled state of our countrey , and I had answered him as far as I judged convenient for that time ; I began by course to ask him , what was the opinion of the Frenches or other Nations with whom he had conversed in France , concerning our affaires ? For I did not question , but that the novelty of affaires ( as is usual ) would give occasion and matter of discourse thereof to all ▪ Why ( saith he ) do you desire that of me ? For seeing you are wel acquaint with the course of affaires , and is not ignorant what the most part of men do speak , and what they think , you may easily guess in your own conscience , what is , or at least should be the opinion of all . B : but , the further that forrain Nations are at a distance , they have the less causes of wrath , hatred , love and other perturbations , which may divert the mind from truth , and for the most part they so much the more judge of things sincerely , and freely speak out what they think : that very freedome of speaking and conferring the thoughts of the heart doth draw forth many obscure things , discovers intricacies , confirme doubts and may stop the mouth of wicked men , and teach such as are weak . M : Shall I be ingenuous with you ? B : why not ? M : Although I had a great desire after so long a time , to visite my native Country , Parents , Relations , and friends , yet nothing did so much inflame my desire , as the clamour of a rude multitude : For albeit I thought my selfe well enough fortified either by my own constant Practice , or the morall precepts of the most learned , yet when I came to fall upon the present case , I know not how I could conceale my pusillanimity . For when that horrid villany not long since here perpetrat , all with one voice did abominat it , the Author hereof not being known ; the multitude , which is more acted by precipitancy , than ruled by deliberation , did charge the fault of some few upon all ; and the common hatred of a particular crime did redound to the whole Nation , so that even such as were most remote from any suspicion were inflamed with the infamy of other mens crime . When therefore this storme of calumny was calmed , I betook my self very willingly into this port , wherein notwithstanding I am afraid , I may dash upon a rock . B. Why , I pray you ? M. Because the atrociousness of that late crime doth seeme so much to inflame the minds of all already exasperat , that now no place of Apology is left . For , how shall I be able to sustain the impetuous assaults , not only of the weaker sort , but also of those who seeme to be more sagacious , who will exclaime against us , that we were content with the slaughter of an harmeless youth , an unheard of cruelty , unless we should shew another new example of atrocious cruelty against women , which sexe very enemies do spare when cities are taken in by force . Now from what villany will any dignity or Majesty deterre those , who thus rage against Kings ? or what place for mercy will they leave , whom neither the weakness of sexe , nor innocency of age will restrain ? Equity , Custome , Lawes , the Respect to Soveraignty , Reverence of Lawful Magistracy , which hence forth they will either retain for shame , or coërce for fear , when the power of supreame authority is exposed to the ludibry of the basest of the people , the difference of equity and iniquity , of honesty and dishonesty being once taken away , almost by a publick consent , there is a degeneracy into cruel barbarity . I know I shall hear these , and more atrocious than these spoken how soon I shall returne into France again ; all mens ears in the mean time being shut from admitting any Apology or satisfaction . B. But I shall easily liberat you of this fear , and our Nation from that false crime . For , if they do so much detest the atrociousness of the first crime , how can they rationally reprehend severity in revenging it ? or if they take it ill , that the Queen is taken order with , they must needs approve the first deed ; choose you then , which of the two would you have to seeme cruel . For neither they nor you can praise or reproach both , provided you understand your selves . M. I do indeed abhorre and detest the Kings murther , and am glad that the Nation is free of that guilt , and that it is charged upon the wickedness of some few . But this last fact I can neither allow nor disallow , for it seemes to me a famous and memorable deed , that by counsel and diligence they have searched out that villany , which since the memory of man is the most hainous , and do pursue the perpetrators in a hostile manner . But in that they have taken order with the chief Magistrat , and put contempt upon Soveraignty , which amongst all Nations hath been alwayes accounted great and sacred . I know not how all the Nations of Europe will relish it , especially such as live under Kingly Government ; surely the greatness and novelty of the fact doth put me to a demurre , albeit I am not ignorant what may be pretended on the contrary , and so much the rather , because some of the Actors are of my intimate acquaintance . B. Now I almost perceive , that it doth perhaps not trouble you so much , as those of forrain Nations , who would be judges of the vertues of others to whom you think satisfaction must be given . Of these I shall set down three sorts especially , who will vehemently enveigh against that deed . The first kind is most pernicious , wherein those are , who have mancipated themselves to the lusts of Tyrants , and think every thing just and lawfull for them to do , wherein they may gratify Kings , and measure every thing not as it is in it self , but by the lust of their Masters . Such have so devoted themselves to the lusts of others , that they have left to themselves no liberty either to speak o● do . Out of this Crew have proceeded those , who have most cruelly murthered that innocent Youth , without any cause of enmity , but through hope of gain , honour , and power at Court to satisfy the lust of others . Now whilst such feign to be sorry for the Queens case , they are not grieved for her misfortunes , but look for their own security , and take very ill to have the reward of their most hainous crime , ( which by hope they swallowed down ) to be pulled out of their throat . I judge therefore that this kind of men should not be satisfied so much by reasoning , as chastised by the severity of Lawes , and force of Armes . Others again are all for themselves ; these men , though otherwise not malicious , are not grieved for the publick calamity ( as they would seeme to be ) but for their own domestick damages , and therefore they seeme to stand in need rather of some comfort , than of the remedies of perswasive reasoning and Lawes . The rest is the rude multitude , which doth admire at all novelties , reprehend many things , and think nothing is right , but what they themselvs do or see done : For how much any thing done doth decline from an ancient custome , so farr they think it is fallen from justice and equity . And because these be not led by malice and envy , nor yet by self-interest , the most part will admitt information , and to be weaned from their errour , so that being convinced by the strength of reason , they yeeld : Which in the matter of Religion , we find by experience very often in these dayes , and have also found it in preceeding ages . There is almost no man so wilde , that can not be tamed , if he will but patiently hearken to instruction . M. Surely we have found oftentimes that very true . B. When you therefore deale with this kind of People so clamorous and very importunat , ask some of them , what they think concerning the punishment of Caligula , Nero or Domitian , I think there will be none of them so addicted to the name King , that will not confess , they were justly punished . M. Perhaps you say right , but these very same men will forthwith cry-out , that they complain not of the punishment of Tyrants , but are grieved at the sad calamities of lawfull Kings . B. Do you not then perceive how easily the People may be pacified ? M. Not indeed , unless you say some other thing . B. But I shall cause you understand it in few words , the People ( you say ) approve the murther of Tyrants , but compassionat the misfortune of Kings , would they not then change their opinion , if they clearly understood what the difference is betwixt a Tyrant and a King ? Do you not think that this might come to pass , as in many other cases ? M. If all would confess that Tyrants are justly killed , we might have a large entry made open to us for the rest , but I find some men , and these not of small authority , who while they make Kings liable to the penalties of the Lawes , yet they will maintain Tyrants to be sacred persons ; but certainly by a preposterous judgment , if I be not mistaken , yet they are ready to maintain their Government , albeit immoderat and intolerable , as if they were to fight for things both Sacred & Civil . B. I have also met with several Persons oftentimes , who maintain the same very pertinaciously ; but whether that opinion be right or not , we shall further discuss it hereafter at better conveniency . In the mean time , if you please , let us conclude upon this , upon condition , that unless hereafter it be not sufficiently confirmed unto you , you may have liberty to retract the same . M. On these termes indeed I will not refuse it . B. Let us then conclude these two to be contraries a King and a Tyrant . M. Be it so . B. He therefore that shall explain the Original and cause of Creating Kings , and what the duties of Kings are towards their people , and of people towards their Kings , will he not seeme to have almost explained on the other hand , what doth pertain to the nature of a Tyrant . M. I think so . B. The representation then of both being laid out , do you not think that the people will understand also , what their duty is towards both ? M. It is very like they will. B. Now Contrary wise , in things that are very unlike to one another , which yet are contained under the same genus , there may be some similitudes , which may easily induce imprudent persons into an errour . M. Doubtless , there may be such , and especially in the same kind , where that which is the worst of the two doth easily personat the best of both , and studies nothing more , than to impose the same upon such as are ignorant . Buc. Have you not some representation of a King and of a Tyrant impressed in your mind ? For if you have it , you will save me much pains . M. Indeed I could easily express what Idea I have of both in my mind , but I fear , it may be rude and without forme , therefore , I rather desire to hear what your opinion is , lest whilst you are a refuting me , our discourse become more prolixe , you being both in age and experience above me ; and are well acquaint not only with the opinions of others , but also have seen the customes of many , and their Cities . B. I shall then do it , and that very willingly , yet will I not unfold my own opinion so much , as that of the Ancients , that thereby a greater authority may be given to my discourse , as not being such as is made up with respect to this time , but taken out of the opinions of those , who not being concerned in the present controversy , have no less eloquently than briefly given their judgment , without hatred , favour , or envy , whose case was far from these things ; and their opinions I shall especially make use of , who have not frivolously trifled away their time , but by vertue and counsel have flourished both at home and abroad in well governed Common wealths . But before I produce these witnesses , I would ask you some few things , that seeing we are at accord in some things of no smal importance , there may be no necessity to digress from the purpose in hand , nor to stay in explaining or confirming things that are perspicuous and well known . M. I think we should do so , & if you please , ask me . B. Do you not think that the time hath been , when men did dwell in cottages , yea and in caves , and as strangers did wander to and fro without Lawes , or certain dwelling places , and did Assemble together as their fond humours did lead them , or as some comodity , and comon utility did allure them ? M. for sooth I beleeve that : seeing it is consonant to the course and order of nature , and is testified by all the histories of all Nations almost , for Homer doth describe the representation of such a wilde and barbarous kind of life in Sicily , even in the time of the Trojans . Their Courts ( saith he ) do neither abound with Counciles nor Judges , they dwell only in darksome caves , and every one of them in high mountains ruleth his own house , wife and Children , nor is any of them at leisure to communicat his domestick affaires to any other . About the same time also Italy is said to be no better civilized , as we may easily conjecture from the most fertile regions almost of the whole world , how great the solitude and wastness there was in places on this side of Italy . B. But whether do you think the vagrant and solitary life , or the associations of men civilly incorporat , most agreable to nature ? M. The last without all peradventure , which utility the mother almost of justice and equity did first convocat , and commanded to give signes or warnings by sound of trumpet and to defend themselves within walls , and to shut the gates with one key . B. But , do you think that utility was the first and main cause of the association of men ? M. Why not , seeing I have heard from the learned , that men are born for men . B. Uitility indeed to some seems to be very efficacious , both in begetting and conserving the publick society of mankind ; but if I mistake not , there is a far more venerable , or ancient cause of mens associating , and a more antecedaneous & sacred bond of their civil community , otherwise , if every one would have a regard to this own private advantage , then surely that very utility would rather dissolve than unite humane society together . M. Perhaps that may be true , therefore I desire to know what other cause you will assigne . B. A certain instinct of nature , not only in man , but also in the more tamed sort of beasts , that although these allurements of utility be not in them , yet do they of their own accord flock together with other beasts of their own kind , But of these others we have no ground of debate : Surely we see this instinct by nature so deeply rooted in man , that if any one had the affluence of all things , which contribute either for maintaining health , or pleasure and delight of the mind , yet he will think his life unpleasant without humane converse . Yea , they who out of a desire of knowledge , and an endeavour of investigating the truth , have with drawn themselves from the multitude , and retired to secret corners , could not long endure a perpetual vexation of mind , nor , if at any time they should remit the same , could they live in solitude , but very willingly did bring forth to light their very secret studies , and as they had laboured for the publick good , they did communicat to all the fruit of their ●abour . But if there be any man who doth wholly take delight in solitude , and flee from converse with men , and shun it . I judge it doth rather proceed from a distemper of the mind , than from any instinct of nature , such as we have heard of Tim●n the Athenian , and Bellerophon the Corinthian , who ( as the Poet saith ) was a wandering wretch on the Elean coast , eating his own heart , and fleeing the very footsteps of men . M. I do not in this much dissent from you , but there is one word nature here set down by you , which I do often use rather out of custom , than that I understand it , and is by others so variously taken , and accommodat to so many things , that for the most part I am at a stand to what I may mainly apply it . B. Forsooth at present I would have no other thing to be understood thereby , than that LIGHT infused by GOD into our Minds , for when God formed that Creature more Sacred , and capable of a Celestial Mind , and which might have dominion over the other creatures , he gave not only eyes to his Body , whereby he might evite things contrary to his condition , and follow after such as might be usefull , but also he produced in his Mind a certain LIGHT , whereby he might discerne things filthy from honest ; this Light some call Nature , others the Law of Nature , for my own part , truly I think it is of a Heavenly stamp , and I am fully perswaded ▪ that Nature doth never say one thing , and Wisdom another . Moreover , God h●th given us a● abridgment of that LAW , which might contain the whole in few words , viz. that We should love Him with all our Soul , and our Neighbours as our selves , all the books of Holy Scriptur which treat of ordering our conversation , do contain nothing else but an explication of this Law. M. You think then that no Orator or Lawyer , who might congregat dispersed men ▪ hath been the Author of humane society , but God only ? B. It is so indeed , and with Cicero , I think there is nothing done on earth more acceptable to the great God , who rules the World , than the associations of men legally united , which are called Civil Incorporations , whose several parts must be as compactly joyned together , as the several members of our Body , & every one must have their proper function , to the end there may be a mutual cooperating for the good of the Whole , & a mutual propelling of injuries , and a foreseeing of advantages , and these to be communicat for engaging the benevolence of all amongst themselves ▪ M. You do not then make utility , but that Divine Law rooted in us from the beginning , to be the cause ( indeed the far more worthy and Divine of the two ) of mens incorporating in Political Societies . B. I mean not indeed that to be the Mother of Equity and Justice , as some would have it , but rather the handmaid , and to be one of the Guards in Cities wel constitute . M. Herein I also agree with you . B. Now as in our Bodies consisting of contrary Elements , there are diseases , that is , perturbations , and some intestine tumults , even so there must be of necessity in these greater Bodies , that is in Cities , which also consist of various , ( yea and for the most part ) contrary humours , or sorts of men , and these of different ranks , conditions and natures , and which is more , of such as can not remain one hour together approving the same things : And surely such must needs soon dissolve and come to nought ; if one be not adhibited , who as a Physician may quiet such disturbances , and by a moderat and wholesome temperament confirme the infirme parts and compesce redundant humours , and so take care of all the members , that the weaker may not languish for want of nutrition , nor the stronger become luxuriant too much . M. Truely , it must needs be so . B. How then shall we call him who performeth these things in a Civil Body ? M. I am not very anxious about his name , for by what name soever he be called , I think he must be a very Excellent and Divine Person , wherein the wisdom of our Ancestors seemeth to have much foreseen , who have adorned the thing in it self most illustrious with an illustrious name . I suppose you mean King , of which word there is such an emphasis , that it holds forth before us clearly a function in it self very great and excellent . B. You are very right , for we designe GOD by that name . For we have no other more glorious name , whereby we may declare the excellency of his glorious nature , nor more suteable , whereby to signify his Paternal care and Providence towards us . What other names shall I collect , which we translate to denote the function of a King ? Such as Father Aeneas , Agamemnon , Pastor of the People , also a Leader , Prince , Governour . By all which names such a signification is implyed , as may shew that Kings are not ordained for themselves , but for the People . Now as for the name we agree wel enough : If you please , let us conferre concerning the function , insisting in the same footsteps we began upon . M. Which , I pray ? B. Do you remember what hath been lately spoken , that an Incorporation seemeth to be very like our body , Civil commotions like to diseases , and a King to a Physician ? If therefore we shall understand what the duty of a Physician is , I am of the opinion , we shall not much mistake the duty of a King. M. It may be so , for the rest you have reckoned are very like , and seem to me very near in kin . B. Do not expect that I will here describe every petty thing , for the time will not permit it , neither doth the matter in hand call for it : but if briefly these agree together , you shall easily comprehend the rest . M. Go on then , as you are doing . B. The scope seemeth to be the same to us both . M. Which ? B. The health of the body , for curing of which they are adhibited . M. I understand you , for the one ought to keep safe the humane body in its state , and the other the Civil body in its state , as far as the nature of each can bear , and to reduce into perfect health the body diseased . B. You understand very wel , for there is a twofold duty incumbent to both , the one is to preserve health , the other is to restore it , if it become weak by sickness . M. I assent to you . B. For the diseases of both are alike . M. It seemeth so . B. For the redundance of things hurtfull , and want or scarcity of things necessary are alike noxious to both , and both the one and other body is cured almost in the same manner , namely either by nourishing that which is extenuat and tenderly cherishing it , or by asswaging that which is full and redundant by casting out superfluities , and exercising the body with moderat labours . M. It is so , but here seems to be the difference , that the humours in the one , and manners in the other are to be reduced into a right temperament . B. You understand it wel , for the Body Politik as wel as the Natural hath its own proper temperament , which I think very rightly we may call Justice . For it is that which doth regard every member , and cureth it so as to be kept in its function . This sometimes is done by letting of blood , sometimes by the expelling of hurtfull things , as by egestion ; and sometimes exciting cast-down and timorous minds , and comforting the weak , and so reduceth the whole body into that temperament I spoke of : and being reduced , exerciseth it with convenient exercises , and by a certain prescribed temperature of Labour and rest , doth preserve the restored health as much as can be . M. All the rest I easily assent to , except that you place the temperament of the body Politik in Justice : seing temperance even by its very name and profession doth justly seem to claime these parts . B. I think it is no great matter on which of them you conferre this honour . For seing all vertues , whereof the strength is best perceived in action , are placed in a certain mediocrity and equability , so are they in some measure connected amongst themselves , and cohere , so as it seems to be but one office in all , that is , the moderation of lusts . Now in whatsoever kind this moderation is , it is no great matter how it be denominat : albeit that moderation , which is placed in publick matters , and mens mutual commerces , doth seem most fitly to be understood by the name of Justice . M. Herein I very willingly assent to you . B. In the creation of a King , I think the Ancients have followed this way , that if any among the Citizens were of any singular excellency , and seemed to exceed all others in equity and prudence , as is reported to be done in bee-hives , they willingly conferred the government or kingdom on him . M. It is credible to have been so . B. But what if none such as we have spoken of , should be found in the City ? M. By that law of Nature , whereof we formerly made mention , equals neither can ; nor ought to usurpe dominion : for by nature I think it just , that amongst these that are equal in all other things , their course of ruling and obeying should be alike . B. What if a People , wearied with yearly ambition be willing to elect some certain Person not altogether endowed with all Royal Vertues , but either famous by his Noble descent , or warlike valour ? will you not think that he is a lawfull King ? M. Most lawfull , for the People have power to conferre the Government on whom they please . B. What if we shall admitt some acute man , yet not endowed with notable skill , for curing diseases ? shall we presently account him a Physician , as soon as he is chosen by all ? M. Not at all ▪ for by learning and the experience of many arts , and not by suffrages is a man made a Physician . B. What maketh Artists in other Arts ? M. I think there is one reason of all . B. Do you think there is any Art of Reigning or not ? M. Why not . B. Can you give me a reason why you think so ? M. I think I can , namely that same which is usually given in other Arts. B. What is that ? M. Because the beginnings of all Arts proceed from experience . For whilst many did rashly and without any reason undertake to treat of many things , and others again through exercitation and consuetude did the same more sagaciously , noticing the events on both hands , and perpending the causes thereof , some acute men have digested a certain order of Precepts , and called that Description an Art. B. Then by the like animadversion may not some Art of Reigning be described , as wel as the Art of Physick ? M. I think there may . B. Of what Precepts shall it consist ? M. I do not know at present . B. What if we shall find it out by comparing it with other Arts ? M. What way ? B. This way : there be some Precepts of Grammar , of Physick , and Husbandry . M. I understand . B. Shall we not call these Precepts of Grammarians and Physicians Arts and Lawes also , and so of others ? M. It seems indeed so . B. Do not the Civil Lawes seem to be certain Precepts of Royal Art ? M. They seem so . B. He must therefore be acquaint therewith , who would be accounted a King. M. It seemes so . B. What if he have no skill therein ? Albeit the People shall command him to reigne , think you that he should be called a King ? M. You cause me here hesitate : For if I would consent with the former discourse , the suffrages of the People can no more make him a King , than any other Artist . B. What think you shall then be done ? for unless we have a King chosen by suffrages , I am afraid we shall have no lawfull King at all . M. And I fear also the same . B. Will you then be content that we more accuratly examine what we have last set down in comparing Arts one with another ? M. Be it so , if it so please you . B. Have we not called the Precepts of Artists in their several Arts , Lawes ? M. We have done so . B. But I fear we have not done it circumspectly enough . M. Why ? B. Because he would seem absurd who had skill in any Art , and yet not to be an Artist . M. It were so : B. But he that doth performe what belongs to an Art , we will account him an Artist , whether he do it naturally , or by some perpetual and constant tenour and faculty . M. I think so . B. We shall then call him an Artist , who knowes wel this rational and prudent way of doing any thing wel , providing he hath acquired that faculty by constant practice . M. Much better than him who hath the bare Precepts without use and exercitation . B. Shall we not then account these Precepts to be Art ? M. Not at all , but a certain similitude thereof , or rather a shaddow of Art. B. What is then that Governing Faculty of Cities , which we shall call Civil Art or Science ? M. It seemes you would call it Prudence : out of which , as from a fountain or spring , all Lawes , provided they be usefull for the preservation of humane society , must proceed and be derived . B. You have hit the nail on the head , if this then were compleat and perfect in any person , we might say he were a King by nature , and not by suffrages , and might resigne over to him a free Power over all things : but if we find not such a man , we shall also call him a King , who doth come nearest to that eminent excellency of Nature , embracing in him a certain similitude of a true King. M. Let us call him so , if you please . B. And because we fear he be not firme enough against inordinat affections , which may , and for the most part use to decline men from truth , we shall adjoyn to him the Law , as it were a Colleague , or rather a bridler of his lusts . M. You do not then think that a King should have an arbitrary Power over all things . B. Not at all : for I remember , that he is not only a King , but also a man , erring in many things by ignorance , often failing willingly , doing many things by constraint : yea a creature easily changeable at the blast of every favour or frown , which natural vice a Magistrat useth also to increase : so that here I chiefly find that of the Comedy made true , All by licence become worse . Wherefore the most prudent have thought it expedient to adjoyne to him a Law , which may either shew him the way , if he be ignorant , or bring him back again into the way , if he wander out of it : by these , I suppose , you understand , as in a representation , what I judge to be the duty of a true King. M. Of the cause of creating Kings , of their name and duty you have fully satisfied me . Yet I shall not repine , if you please to add ought thereto : Albeit my mind doth hasten to hear what yet seemes to remain , yet there is one thing which in all your discourse did not a little offend me , which I think should not be past over in silence , viz. that you seem somewhat injurious to Kings , and this very thing I did suspect in you frequently before , whilst I often heard you so profusely commend the ancient Common-Wealths , and the City of Venice . B. You did not rightly herein judge of me . For I do not so much look to the different forme of Civil Government ( such as was amongst the Romans , Massilians , Venetians and others , amongst whom the authority of Lawes were more powerfull , than that of men ) as to the equity of the forme of Government ; nor do I think it matters much , whether King , Duke , Emperour , or Consul be the name of him who is the Chiefest in Authority , provided this be granted , that he is placed in the Magistracy for the maintenance of equity , for if the Government be lawfull , we must not contend for the name thereof . For he whom we call the Duke of Venice is nothing else but a lawfull King : and the first Consuls did not only retain the honours of Kings , but also their empire and authority , this only was the difference , that not one , but two of them did reigne ( which also you know was usual in all the Lacedemonian Kings , ) who were created or chosen not constantly to continue in the government , but for one year . We must therefore alwayes stand to what we spoke at first , that Kings at first were institute for maintaining equity . If they could have holden that soveraignty in the case they had received it , they might have holden and kept it perpetually ; but this is free and loosed by Lawes . But ( as it is with humane things ) the state of affaires tending to worse , the Soveraigne Authority which was ordained for publick utility degenerated into a proud Domination . For when the lust of Kings stood in stead of Lawes , and men being vested with an infinite and immoderate power , did not contain themselves within bounds , but connived at many things out of favour , hatred , or self-interest , the insolency of Kings made Lawes to be desired . For this cause therefore Lawes were made by the People , and Kings constrained to make use not of their own licentious wills in judgment , but of that Right or Priviledge which the people had conferred upon them . For they were taught by many experiences , that it was better , that their liberty should be concredited to Lawes than to Kings , whereas the one might decline many wayes from the Truth , but the other being deafe both to intreaties and threats might still keep one and the same tenor . This one way of Government is to Kings prescribed , otherwise free , that they should conforme their actions and speech to the Prescripts of Lawes , and by the sanctions thereof divide rewards and punishments , the greatest bonds of holding fast together humane society . And lastly , even as saith that famous Legislator , A King should be a speaking Law , and the Law a dumb King. M. At first you so highly praised Kings , that you made their Majesty almost glorious and sacred , but now , as if you had repented in so doing , I do not know within what strait bonds you shut them up , and being thrust into the prison ( I may say ) of Lawes , you do scarce give them leave to speak . And as for my part , you have disappoynted me of my exspectation very farre . For I exspected , that ( according to the most famous Historians ) you should have restored the thing which is the most glorious both with God and man , into its own splendor , either of your own accord , or at my desire , in the series of your discourse , which being spoiled of all ornaments , you have brought it into subjection , and that Authority , which through all the world is the chiefest , you having hedged-in round about and made it almost so contemptible , as not to be desired by any man in his right witts . For what man in his right witts would not rather live as a private man with a mean fortune , than being still in action about other mens affaires , to be in perpetual trouble , and neglecting his own affaires , to order the whole course of his life according to other mens rules ? But if that be the tearmes of Government every where proposed , I fear there will be a greater scarcity of Kings found than was of Bishops in the first infancy of our Religion . Nor do I much wonder , if Kings be regarded according to this plate-forme , being but men taken from feeding cattel , and from the plough , who took upon them that glorious dignity . B. Consider I pray you , in how great an errour you are , who does think that Kings were created by People and Nations not for Justice , but for pleasure , and does think there can be no honour , where wealth and pleasures abound not ; wherein consider how much you diminish their grandour . Now that you may the more easily understand it ; compare any one King of those you have seen apparelled like a Childs puppet brought forth with a great deale of pride and a great many attendants , meerly for vain ostentation , the representation whereof you miss in that King whom we describe . Compare , I say , some one of those , who were famous of old , whose memory doth even yet live , flourisheth & is renowned to all posterity . Indeed they were such as I have now been describing . Have you never heard what an old woman , petitioning Philip King of Macedon to hear her cause , answered him , he having said to her , he had no leisure , to which she replyed , then cease ( said she ) to be King ? Have you never heard , ( I say ) that a king victorious in so many batells , and Conqueror of so many nations , admonished to do his duty by a poor old wife , obeyed , & acknowledged that it was the duty of kings so to do ? Compare then this Philip not only with the greatest Kings that are now in Europe , but also with all that can be remembred of old , you shall surely find none of them comparable to those either for prudence , fortitude , or activity : few equal to them for largeness of dominions . If I should enumerat Agesilaus , Leonidas and the rest of the Lacedemonian Kings ( O how great Men were they ) I shal seem to utter but obsolete examples . Yet one saying of a Lacedemonian maid I cannot pass over with silence , her name was Gorgo the daughter of Cleomedes , she seeing a servant pulling off the stockings of an Asian Ghuest , and running to her father cryed out , father , the Ghuest hath no hands ; from which speech of that maid you may easily judge of the Lacedemonian discipline , and domestick custome of their Kings . Now those who proceded out of this rustick , but couragous way of life , did very great things : but those who were bred in the Asiatick way , lost by their luxury and sloth the great dominions given them by their Ancestors . And , that I may lay aside the Ancients , Such a one was Pelagius not long ago among the people of Galicia , who was the first that weakned the Saracen forces in Spain , yet him and all his the grave did inclose , yet of him the Spanish Kings are not ashamed , accounting it their greatest glory to be descended of him . But seeing this place doth call for a more large discourse , let us returne from whence we have digressed . For I desire to shew you with the first what I promised , namely that this forme of government hath not been contrived by me , but seemes to have been the same to the most famous men in all ages , and I shall briefly shew you the spring from whence I have drawn these things . The books of M : Tullius Cicero which are intituled of Offices , are by common consent of all accounted most praise worthy , in the second book thereof these words are set down verbatim . It seemes as Horodotus saith that of old well bred Kings were created , not amongst the Medes only , but also amongst our Ancestors for executing of justice , for whilst at first the people were oppressed by those that had greatest wealth , they betook themselves to some one who was eminent for vertue ▪ who whilst he kept off the weakest from injuries , establishing equity , he hemmed in the highest with the lowest by equall lawes to both . And the reason of making lawes was the same as of the Creation of Kings , for it is requisite that justice be alwayes equall , for otherwise it were not justice . If this they did obtain from one good and just man , they were therewith well pleased : when that did not occurre , lawes were made , which by one and the same voice might speak to all alike . This then indeed is evident , that those were usually chosen to governe , of whose justice the people had a great opinion . Now this was added , that these Rulers or Kings might be accounted prudent , there was nothing that men thought they could not obtain from such Rulers . I think , you see from these words , what Cicero judgeth to be the reason of requiring both Kings and lawes , I might here commend Zenophon a witness requiring the same , no less famous in war-like affairs , than in the study of Philosophy , but that I know you are so well acquaint with his writings , as that you have all his sentences marked . I pass at present Plato and Aristotle , albeit I am not ignorant how much you have them in estimation . For I had rather adduce for confirmation men famous in a midle degree of affaires , than out of Schools . Far less do I think fit to produce a Stoick King , such as by Seneca in Thyestes is described : Not so much because that idea of a King is not perfect , as because that examples of a good Prince may be rather impressed in the mind , than at any time hoped for . But lest in those I have produced there might be any ground of calumny , I have not set before you Kings out of the Schythian solitude , who did either ungird their own horses , or did other servile work , which might be very far from our manner of living ; but even out of Greece , and such , who in these very times , wherein the Grecians did most flourish in all liberall sciences , did rule the greatest nations , or wel governed Cities : and did so rule , that whilst they were alive were in very great esteeme amongst their people , and being dead left to posterity a famous memory of them selves . M. If now you ask me what my judgment is , I scarce dare confess to you either mine inconstancy or timidity , or by what other name it shall please you to call that vice . For as often as I read these things you have now recited in the most famous Historians , or hear the same commended by very wise men , whose authority I dare not decline : and that they are approved by all good and honest men to be not only true , equitable & sincere , but also seeme strong and splendid Again as oft as I cast mine eyes on the neatness and elegancy of our times , that antiquity seemeth to have been venerable and sober , but yet rude , and not sufficiently polished , but of these things we may perhaps speak of hereafter at more leisure . Now if it please you , go on to prosecute what you have begun . B. May it please you then that we recollect briefly what hath been said ? so shall we understand best what is past , and if ought be rashly granted , we shall very soon retract it . M. Yes indeed B : First of all then we agree , that men by nature are made to live in society together , and for a communion of life . M. that is agreed upon . B : That a King also chosen to maintain that society is a man eminent in vertue : M : it is so . B : And as the discords of men amongst themselves brought in the necessity of creating a King , so the injuries of Kings done against their Subjects were the cause of desiring lawes . M : I acknowledge that . B : we held lawes to be a proofe of the Art of government , even as the preceps of Physick are of the medicinal Art. M : it is so , B. But it seems to be more safe ( because in neither of the two have we set down any singular and exact skill of their severall arts ) that both do , as speedily as may be , heal by these prescripts of Art. M : It is indeed safest . B : Now the precepts of the Medicinal Art are not of one kind . M : How ? B : For some of them are for preservation of health , others for restauration thereof . M. Very right . B. What say you of the governing Art ? M : I think , there be as many kinds . B : Next then it seems , that we consider it . Do yo think , that Physicians can so exactly have skill of all diseases , and of their remedies , as nothing more can be required for their cure ? M : Not at all , for many new kinds of diseases arise almost in every age , and new remedies for each of them , almost every yeer are by mens industry found out , or brought from far countries . B : what think you of the lawes of Commonwealths M : Surely their case seemes to be the same . B : Therefore neither Physicians , nor Kings can evite or Cure all diseases of Commonwealths , by the precepts of their Arts , which are delivered to them in writ . M : I think indeed they cannot . B : what if we shall further try of what things lawes may be established in Commonwealths , and what cannot be comprehended within lawes . M : That will be worth our pains . B : There seems to be very many and weighty things , which cannot be contained within lawes . First , all such things as fall into the deliberation of the time to come . M : All indeed . B : next , many things already past , such are these wherein truth is sought by conjecturs , confirmed by witnesses , or extorted by torments . M : Yes indeed . B : In unfolding then these questions what shal the King do ? M : I see here there is no need of a long discourse , seeing Kings do not so arrogat the supream Power in those things which are institute with respect to the time to come , that of their own accord they call to councill some of the most prudent . B : What say you of those things which by conjectures are found out , and made out by witnesses , such as are the crimes of murther , adultery and witchcraft ; M : These are examined by the skill of Lawyers , Discovered by diligence , and these I find to be for the most part left to the judgment of Judges . B : And perhaps very right ; for if a King would needs be at the private causes of each Subject , when shal he have time to think upon peace & war , and those affaires which maintain and preserve the safety of the commonwealth ? And lastly when shall he get leave to rest ? M : neither would I have the cognition of every thing to be brought unto a King , neither can one man be sufficient for all the causes of all men , if they be brought unto him : that counsel no less wise than necessary doth please me exceeding well , which the father in law of Moses gave him in dividing amongst many the burden of hearing causes , whereof I shall not speak much , seeing the history is known to all . B : But I think , these judges must judge according to law . M : They must indeed do so . But as I conceive , there be but few things , which by lawes may be provided against , in respect of those which cannot be provided against . B : There is another thing of no less difficulty , because all these things which call for lawes , cannot be comprehended by certain prescriptions . M : How so ? B : Lawyers , who attribute very much to their own Art , and who would be accounted the Priests of justice , do confess that there is so great a multitude of affaires , that it may seeme almost infinit , and say that daily arise new crimes in Cities , as it were severall kinds of ulcers , what shall a lawgiver do herein , who doth accommodat lawes both to things present and preterit ? M : Not much , unless he be some divine-like person . B : An other difficulty doth also occurre , and that not a small one , that in so great an Inconstancy of humane frailty , no Art can alnost prescribe any things altogether stable and firme . M : There is nothing more true than that . B : It seemeth then most safe to trust a skilfull physician in the health of the patient , and also the Kings in the state of the Common wealth . For a Physician without the rule of Art will often times cure a weak patient either consenting thereto , or against his will : and a king doth either perswade a new law yet usefull to his subjects , or else may impose it against their will. M : I do not see what may hinder him therein . B : Now seeing both the one and the other do these things , do you think that besides the law , either of them makes his own law ? M : It seemes that both doth it by Art. For we have before concluded not that to be Art which consists of preceps , but vertue contained in the mind , which the Artist usually makes use of in handling the matter which is subject to Arts. Now I am glad ( seeing you speak ingenuously ) that you being constrained , as it were , by an interdiction of the very truth , do so far restore the King from whence he was by force dejected . B : Stay , you have not yet heard all . There is an other inconvenient in the authority of lawes . For the law being as it were a pertinacious , and a certain rude exactor of duty , ●hinks nothing right , but what it self doth ●ommand . But with a King , there is an ●xcuse of infirmity and temerity , and place ●f pardon left for one found in an errour . The law is deaf , cruel and inexorable . ● young man Pleads the frailty of his years , ● woman the infirmity of her sexe , another ●is poverty , drunkenness , affection . What ●aith the law to these excuses ? Go Officer or ●erjeant , conveene a band of men , hoodwink him , scourge him , hang him on a tree . Now you know how dangerous a think it is , 〈◊〉 so great a humane frailty , to have the hope ●f safety placed in innocency alone . M : In ●ery truth you tell me a thing full of hazard . ●● Surely as oft as these things come into ●ind , I perceive some not a little troubled . M : You speak true . B : When therefore I ●onder with my self what is before past as ●anted , I am afraid lest the comparison of ● Physician and of a King in this case seeme ●ot pertinently enough introduced . M : In what case ? B : when we have liberat both ●f the servitude of preceps , and given them ● most a free liberty of curing . M : What ●oth herein especially offend you ? B : When ●ou hear it , you will then judge , Two ●uses are by us set down , why it is not expe●ient for a people that Kings be loosed from 〈◊〉 bonds of lawes , namely love and hatred , ●hich drive the minds of men to and fro in judging . But in a Physician it is not to be feared , lest he faile through love , seeing he expecteth a reward from his patient being restored to health . But if a patient understand that his Physician is solicited by intreaties , promises and money against his life , he may call another Physician , or if he can find none other , I think it is more safe to seek some remedy from books how deaf soever , than from a corrupt Physician . Now because we have complained of the cruelty of lawes , look if we understand one another sufficiently . M : How so ? B : We judged an excellent King , such as we may more see in mind than with bodily eyes , not to be bound by any lawes . M : By none . B : Wherefore ? M : I think , because , according to Paul , he should be a law to himself and to others , that he may express in life what is by law enjoyned . B : You judge rightly ; and that you may perhapst the more admire , severall ages before Paul , Aristotle did see the same , following nature as a leader , which therefore I say , that you may see the more clearly what hath been proved before , to wit , that the voice of God and nature is the same . But that we may prosecute our purpose . What shall we say they had a respect unto , who first made lawes ? M : Equity I think , as hath been said before . B. I do not now demand that , what end they had before them , but rather what patterne they proposed to temselves ▪ M : Albeit perhaps I understand that , yet I would have you to explain it , that you may ●onfirme my judgment , if I rightly take it 〈◊〉 , if not , you may amend my error . B : You know , I think , what the dominion is ●f the mind over the body . M : I seem to ●now it . B : You know this also , what ●ver we do not rashly , that there is a certain ●dea thereof first in our minds , and that it is ● great deale more perfect than the works to ●e done , which according to that patterne the ●hiefest Artists do frame and as it were ●xpress . M : That indeed I find by experi●nce both in speaking and writing , and per●eive no less words in my mind , than my ●inds in things wanting . For neither can ●ur mind shut up in this dark and troubled ●rison of the body perceive the subtilty of all ●hings ▪ nor can we so endure in our mind the ●epresentations of things , however foreseen in ●iscourse with others , so as they are not ●uch inferiour to these which our intellect ●ath formed to it self . B : What shall we say ●hen which they set before them , who made ●●wes ? M : I seem almost to understand what you would be at . Namly , that they in ●ouncill had an Idea of that perfect King , and ●hat they did express a certain Image , not of ●he body but of the mind , according to that ●●resaid Idea as near as they could . And would have that to be in stead of lawes which 〈◊〉 is to think might be good and equitable M : You rightly understand it , For that is the very thing I would say . But now I would have you to consider what manner of King that is which we have constitute at first , was he not one firme and stedfast against hatred , love , wrath , envy , and other perturbations of the mind ? M : We did indeed imagine him to be such a one : or beleeved him to have been such to those Ancients . B : But do lawes seeme to have been made according to the idea of him ? M : Nothing more likely . B : A good King then is no less severe and inexorable , than a good law . M : He is even as severe : but since I can change neither , or ought to desire it , yet I would slaken both somewhat , if I can . B : But God desires not that mercy be shewed even to the poor in judgment , but commandeth us to respect that one thing which is just and equal , and to pronounce sentence accordingly . M : I do acknowledge that , and by truth am overcome . Seing therefore it is not lawfull to loose Kings from the bonds of lawes , who shal then be the lawgiver ? Whom shall we give him as a Pedagogue ? B : Whom do you think fittest to performe this duty ? M : If you ask at me , I think the King himself . For in all other Arts almost we see their precepts are given by the Artists ; whereof they make use , as it were of comments , for confirming their memory , and putting others in mind of their duty . B : On the contrary I see no difference : let us grant that a King is at liberty and solved from the lawes , shall wee grant him the power to comand lawes ? For no man will willingly lay bonds and fetters upon himself . And I know not whether it be better to leave a man without bonds , or to fetter him with slight bonds , because he may rid himself thereof when he pleases . M : But when you concredit the helme of government rather to lawes than to Kings , beware I pray you , lest you make him a Tyrant , whom by name you make a King , who with authority doth oppress and with fetters and imprisonment doth bind , and so let him be sent back to the plough again , or to his former condition yet free of fetters . B : Brave words : I impose no lord over him , but I would have it in the peoples power , who gave him the authority over themselves , to prescribe to him a modell of his government , and that the King may make use of that justice , which the people gave him over themselves . This I crave . I would not have these lawes to be by force imposed , as you interpret it , but I think that by a common council with the King , that should be generally established , which may generally tend to the good of all . M : You will then grant this liberty to the people ? B : Even to the people indeed , unless perhaps you be of another mind . M : Nothing seemes less equitable . B : Why so ; M : You know that saying , A beast with many heads . You know , I suppose , how great the temerity and inconstancy of a people is . B : I did never imagine that that matter ought to be granted to the judgment of the whole people in general , but that near to our custome a select number out of all estates may conveen with the King in council . And then how soon an overturne by them is made , that it be deferred to the peoples judgment . M : I understand well enough your advice . But by this so carefull a caution you seem to help your self nothing . You will not have a King loosed from lawes , why ? Because , I think , within man two most cruell monsters lust and wrath are in a continuall conflict with reason . Lawes have been greatly desired , which might repress their boldness , and reduce them too much insulting , to regard a just government . What will these Counsellours given by the people do ? Are they not troubled by that same intestine conflict ? Do they not conflict with the same evils as well as the King ? The more then you adjoyn to the King as Assessors there will be the greater number of fools , from which you see what is to be expected . B : But I expect a far other thing than you suppose . Now I shall tell you why I do expect it . First , it is not altogether true what you suppose , viz. That the assembling together of a multitude is to no purpose , of which number there will perhaps be none of a profound wit : for not only do many see more and understand more than one of them apart , but also more than one , albeit he exceed their wit and prudence . For a multitude for the most part doth better judge of all things , than single persons apart . For every one apart have some particular vertues , which being united together make up one excellent vertue , which may be evidently seen in Physicians pharmacies , and especially in that antidot , which they call Mithredat . For therein are many things of themselves hurtfull apart , which being compounded and mingled together make a wholesome remedy against poyson . In like manner in some men slowness and lingering doth hurt , in others a precipitant temerity , both which being mingled together in a multitude make a certain temperament and mediocrity , which we require to be in every kind of vertue . M : Be it so , seeing you will have it so , let the people make lawes and execute them ; and let Kings be as it were keepers of Registers . But when lawes seeme to clash , or are not exact and perspicuous enough in sanctions , will you allow the King no interest ormedling here , especially since you will have him to judge all things by written lawes , there must needs ensue many absurdities . And , that I may make use of a very common example of that law commended in the Schooles , If a Stranger scale a wall , let him die , What can be more absurd than this , that the Author of a publick safety ( who have thrust down the enemies pressing hard to be up ) should be drawn to punishment , as if he had in hostility attempted to scall the walls . B : That is nothing . M : You approve then that old saying , the highest justice is the highest injury . B. I do indeed . If any thing of this kind come into debate , there is need of a meek interpreter , who may not suffer the lawes which are made for the good of all to be calamitous to good men , and deprehended in no crime . B. You are very right , neither is there any thing else by me fought in all this dispute , ( if you have sufficiently noticed it ) than that Ciceronian Law might be venerable and inviolable Salus populi suprema Lex esto . If then any such thing shall come into debate , so that it be clear what is good & just , the kings duty will be to advert that the Law may reach that rule I spoke of , but you in behalf of Kings seems to require more , than the most imperious of them assume . For you know that this kind of questions is usually deferred to judges , when Law seemeth to require one thing , and the Lawgiver another : even as these lawes which arise from an ambiguous right or from the discord of Lawes amongst themselves . Therefore in such cases most grievous contentions of Advocats arise in Judicatories , and Orators preceps are diligently produced . M. I know that to be done which you say . But in this case no less wrong seemes to be done to Lawes than to Kings . For I think it better to end that debate presently from the saying of one good man , than to grant the power of darkning rather than interpreting Lawes to subtile men , and sometimes to crafty Knaves ; for whilst not only contention ariseth betwixt Advocat for the causes of parties contending , but also for glory , contests are nourished in the mean time , right or wrong , equity or iniquity is called in question : & what we deny to a King , we grant to men of inferiour rank , who study more to debate than to find out the truth . B. You seeme to me forgetfull of what we lately agreed upon . M. What is that ? B. That all things are to be so freely granted to an excellent King , as we have described him , that there might be no need of any Lawes . But whilst this honour is conferred to one of the people , who is not much more excellent than others , or even inferiour to some , that free and loose licence from lawes is dangerous . M. But what ill doth that to the interpretation of law . B. Very much . Perhaps you do not consider , that in other words we restore to him that infinit and immoderat power , which formerly we denyed to a King , namely that according to his own hearts lust he may turn all things upside down . M. If I do that , then certainly I do it imprudently . B. I shall tell you more plainly , that you may understand it· When you grant the interpretation of Lawes to a King , you grant him such a licence , as the Law doth not tell what the Lawgiver meaneth , or what is good and equall for all in generall , but what may make for the Interpreters benefit , so that he may bend it to all actions for his own benefit or advantage , as the Lesbian rule . Ap. Claudius in his Decemviratus , made a very just law , that in a liberall cause or Plea , sureties should be granted for liberty . What more clearly could have been spoken . But by interpreting the same Author made his own Law useless . You see ; I suppose how much liberty you give a Prince by one cast , namely that what he pleaseth the Law doth say , what pleaseth him not , it doth not say . If we shall once admit this , it will be to no purpose to make good Lawes for teaching a good prince his duty ; and hemme in an ill King. Yea , let me tell you more plainly , it would be better to have no Lawes at all , than that freedom to steal should be tolerat , and also honoured under pretext of Law. M. Do you think that any King will be so impudent , that he will not at all have any regard of the fame and opinion that all men have of him ? Or that he will be so forgetfull of his Subjects , that he will degenerat into their Pravity , whom he hath restrained by ignominy , imprisonment , confiscation of goods , & in a word with very grievous punishments ? B. Let us not believe that these things will be , if they had not been done not long ago & that to the exceeding great hurt of the whole world . M. Where do you tell these things were done ? B ▪ Do you ask , where ? As if all the Nations in Europe did not only see , but feele also how much mischief hath the immoderat power , and unbridled Tyranny of the pope of Rome brought upon humane affaires . Even that power which from small beginning & seemingly honest he had got , every man doth know that no less can be feared by unwary persons . At first , Lawes were proposed to us , not only drawn out of the innermost secrets of nature , but given by God himself , explaind by the Prophets from the holy Spirit , at last by the Son of God , & by the same God confirmed , committed to the writings of those praise worthy men , expressed in their life , & sealed with their blood . Neither is there in the whole Law any other place more carefully , commendably , or more clearly delivered , than that of the Office of Bishops . Now seeing it is Lawfull to no man to add any thing to these Lawes , to abrogat or derogat ought therefrom , or to change any thing therein , there did remain but one interpretation , & whilst the Pope did arrogat it , he not only did oppress the rest of the Churches , but claimed a Tyrranny the most cruell of all that ever were , daring to command not only men but Angels also , plainly reducing Christ into order , if this be not to reduce him into order , that what thou wilt have done in heaven , in earth & amongst the damned in hell , be ratified : what Christ hath commanded , let it be ratified , if thou wilt ; for if the Law seeme to make but little for your behoofe , interpreting it thus you may back-bend it , so that not only by your mouth , but also according to the judgment of your mind Christ is constrained to speak . Christ therefore speaking by the mouth of the Pope , Pipin is set in Childericks place of government , Ferdinandus of Arragon substitute to John King of Navarre : the Son arose in armes against his father , and subjects against their King. Christ is full of poison , then he is forced by witches , so that he killeth Henry of Luxemburg by poison . M. I have heard these things often before , but I desire to hear more plainly somewhat of that interpretation of lawes , B. I shall offer you one example , from which you may easily understand , how much this whole kind is able to do . The Law is , A Bishop must be the husband of one wife , than which Law what is more clear , & what may be said more plain ? One wife , ( saith the Law ) one Church , ( saith the Pope ) such is his interpretation . As if that Law were made not to repress the Lust of Bishops but their avarice . Now this explanation , albeit it saith nothing to the purpose , yet doth contain a judgment honest and pious , if he had not vitiated that Law again by another interpretation . What doth therefore the Pope devise for excuse ? It varieth ( saith he ) in regard of persons , cases , places & times . Some are of that eminent disposition , that no number of Churches can satisfy their pride . Some Churches again are so poor , that they cannot maintain him who was lately a begging Monk , if he now have a mitre , if he would maintain the name of a Bishop . There is a reason invented from that crafty interpretation of the Law , that they may be called Bishops of one Church , or other Churches given them in Commendam , and all may be robbed . Time would faile me , if I should reckon up the cheats , which are daily excogitat against one Law. But albeit these things be most unbeseeming as well the name of a Pope , as of a Christian , yet their tyranny rests not here . For such is the nature of all things , that when they once begin to fall they never stay untill they fall headlongs into destruction . Will you have me to shew you this by a famous example ? Do you not remember upon any of the Roman Emperours blood who was more cruell and wicked than C. Caligula ? M. There was none that I know of . B. Now what was his most nefarious villany think you ? I do not speak of those deeds which Popes do reckon up in some reserved cases , but in the rest of his life . M. I do not at present remember . B. What do you think of that , that having called upon his horse , he invited him to sup with him ? Set a golden grain of barley before him , and made him Consul ? M. Indeed it was most impiously done B. What think you of that , how he made the same horse his colleague in the Priesthood ? M. Do you tell me that in good earnest ? B. Indeed in good earnest , nor do I admire that these things seeme to you feigned . But that Roman Jupiter of ours hath done such things , that those things done by Caligula may seem true to Posterity . I say Pope Julius the third , who seemes contended with C. Caligula a most wicked wretch for preheminence of impiety . M. What did he of that kind ? B. He made his Ape-keeper , a man almost more vile than the vilest beast , his Colleague in the Papary . M. Perhaps there was another cause of choosing him . B. Some are reported indeed , but I have picked out the most honest . Seeing then so great a contempt not only of the Priesthood , but also a forgetfulness of humanity arise from this freedome of interpreting Lawes , beware you think that to be a small Power . M. But the Ancients seeme not to have thought it so great a business of interpreting , as you would have it seeme to be . Which by this one argument may be understood , because the Roman Emperours granted it to Lawyers : which one reason doth overturne your whole tedious dispute , nor doth it only refute what you spoke of the greatness of that power , but that also which you most shun , it perspicuously declareth what power they granted to others of answering rightly , was not denyed to themselves , if they had been pleased to exerce that office , or could have done it by reason of greater affaires . B : As for those Roman Emperours , whom the Souldiers did choose indeliberatly , & without any regard to the common good of all , These fall not under this notion of Kings which we have described so that by those that were most wicked were they chosen who for the most part were most wicked , or else laid hold upon the Government by violence . Now I do not reprehend them for granting power to Lawyers to interpret the Law. And albeit that power be very great , as I have said before , it is notwithstanding more safely concredited to them to whom it cannot be an instrument of Tyranny . Moreover it was concredited to many whom mutuall reverence did hold within the bounds of duty , that if one decline from equity , he might be refuted by another . And if they should have all agreed together into fraud ; the help of the judge was above them , who was not obliged to hold for Law what ever was given by Lawyers for an answer . And over all was the Emperour , who might punish the breach of Lawes . They beeing astricted by so many bonds were hemmed in , and did fear a more grievous punishment , than any reward of fraud they could expect : you see , I suppose then that the danger to be feared from such kind of men was not so great . M. Have you no more to say of a King ? B. First , if you please , let us collect together , what is already spoken , so that the more easily we may understand , if any thing be omitted . M. I think we should do so . B. We seemed to be at accord sufficiently concerning the origine & cause of creating Kings , & making Lawes , but of the Lawgiver not so : but at last , though somewhat unwillingly I seeme to have consented , being enforced by the strength of truth . M. Certainly you have not only taken from a King the power of commanding Lawes , but also of interpreting them , even whilst I as an Advocat strongly protested against it . Wherein I am afraid , if the matter come to publick hearing , lest I be accused of prevarication , for having so easily suffered a good cause , as it seemed at first , to be wrung out of my hands . B. Be of good courage : for if any accuse you of prevarication in this case , I promise to be your defence . M. Perhaps we will find that shortly . B. There seems to be many kinds of affaires which can be comprehended within no Lawes , whereof we laid over a part on ordinary judges , & a part on the Kings councill by the Kings consent . M. I do remember we did so indeed . And when you was doing that , wot you what came into my mind ? B. How can I , unless you tell me ? M. Me thought you made Kings in a manner like stone seals , which for the most part so seeme to lean on the tops of pillars as if they did sustain the whole fabrick : whereas in effect they bear no more burden , than any other stone . B. What ? good Advocat of Kings , do you complain that I lay on them a little burden , seeing both day and night they do nothing else , than seek out others to bear burden with them , or upon whom they may altogether lay the burden , & so disburden themselves . And in the mean time you seeme to take it in ill part that I afford them help labouring under their burden . M. I also very willingly admit these auxiliaries , but such would I have as may serve , but not command , such as may shew the way , but not Lead in the way , or more truly draw , or rush them forward as some warlike engine , and leave a King no other power but to assent to them . Therefore I presently expect that having ended our discourse concerning a King , you would step aside to speak of Tyrants , or some where else . For you have inclosed a King within so narrow bounds , that I am afraid , lest , if we tarry longer therein , you drive him out of his greatest wealth , & highest dignity , & banish him as it were into some desert Island , where , being spoiled of all his honour he wax old in poverty & misery . B. You feared , as you pretend , the crime of prevarication ; but I am afraid , lest in calumniating you wrong the King , whom you endeavour to defend . First , I would not have him to be idle , unless you would appoint idle master builders , secondly , you deprive him of good Ministers & friends , whom I have adjoyned unto him not as keepers , but would have them called by him to bear a part of his labour , & these being driven away you surround him with a band of Knaves , who make him to be feared by his subjects , neither do you think he will be formidable , unless we allow him a great power of doing wrong . I would have him to be by his subjects beloved , not to be guarded by the terrour , but goodwill of his subjects , which armes alone do make Kings invincible , unless you gainsay this , I trust I shall shortly prove it . For I shall lead him out of these you call straits into light : & by one Law shall give him so much authority and enlargment , that if he desire more , he may seeme impudent . M. Indeed I long to heare that . B. I shall then fall upon that matter , that I may satisfy your desire as soon as I can . A little before we have confessed , that no Law can be so accurately cautioned concerning any affair , but that malicious subtilty may invent some fraud . This perhaps will be the better understood by the example already proposed . By the Law it is ordained , that no parents transmit their benefices to their bastards . Here in effect the Law seemes clear , yet a cheat is found out : that the father substitute some other man , & that he may deliver that same benefice to the bastard of the former possessor . Thereafter , when as it was carefully ordained by Law , that the son should by no means enjoy that benefice which his father had possessed before : yet by this caution it was never a white the better . For against that Law a paction was found out amongst Priests , that each of them should substitute the Son of the other in his office . And when that was also forbidden , the Law was also eluded by another kind of cheat : a pretender was set up against the father , who might pretend he had a right to that benefice . Whilst the father seemingly is a contending with this supposed Sycophant , the Son doth petition the Pope for the benefice , if so be that the right unto that benefice belong not to either of the parties contending for it , and so the son by his fathers prevarication doth enjoy his fathers benefice , and over cometh both the parties , who willingly & freely yeeld up their plea. Thus you soe how many Kinds of cheats are invented against one Law. M. I see it . B. Do not Lawgivers seeme to do altogether the same herein which Physicians do , who whilst they endeavour by applying a plaister to compesce the eruptions of flegme , or of some other hurtfull humour , the humour restrained in one place seeks issue in many places at once : & as a certain hydra having one head cut off , many heads start up in place of one . M. Nothing more like . B. what was incumbent for a Physician to do at first for freeing the whole body at once of peccant humours . Ought not the Politik physician to do the same in this case , for freeing the whole common wealth of evill manners ? M : I think that to be the right way of cure , albeit it be difficult . B· And if this can be obtained , I think there would be need of few Lawes . M. It is indeed so . B. Doth not he alone seeme to conferre more for the publick good who can apply this remedy , than all the conventions of all estates met for making of Lawes ? M. Doubtless far more . But that I may make use of the Comick Poets words , who is able to undertake so weighty a charge . B. What if we shall lay it over on the King ? M. Merrily spoken indeed . What was soon done and easy you have committed to the whole people : but if any thing be difficult and intricat , you will lay it over upon the King alone , as if you thought him not sufficiently bound tying him round about with so many fetters , unless you lay upon him a most grievous burden under which he may also succumbe . B. It is not so , but we contend for a business easy for him to be done , we beseech , he would suffer himself to be exorable . M. What is that , I pray ? B. That as fathers ought to carry towards their Children , so in all his life he would behave himself towards his subjects whom he ought to account as children . M. What is that to the purpose in hand ? B. Surely this one is certainly the chiefest remedy against corrupt manners , and lest you suppose that it is an invention of mine , hear what Claudianus saith . Thou King must as a father rule thy Subjects , and no less have a care of all than of they self ; let not thy own desire only move thee , but also the publick desires of thy people . If thou commandest ought to be done by all , and to be obeyed , obey the same first thy self . Then will the people become the more observant of equity , nor will refuse to bear any burden , when they see their King himself obedient to what he commands . The whole world doth act conforme to the example of a King. The Lawes of Kings prevaile not so much to incline mens minds unto obedience , as the conversation of the Rulers . For the fluctuating multitude doth alwayes change as their prince doth . Do not Imagine that the Poet pregnant for understanding & learning did in vain believe so great force to be herein , for people are so addicted to the imitation of Kings , in whom any image of honesty doth shine or appeare , and so endeavour to express their manners , that whose vertue they admire , they endeavour also to imitat some of their vices in speech , apparell in deport . But in conforming themselves to the King in gesture , manners of speech they not only desire to imitat him , but also by flattery they insinuat themselves into the minds of great ones , & by these arts they hunt after riches , honour , and preferment , because they know we have it by nature , that we love not only our selves , and our own concernes , but embrace our own likeness though vicious in others . Now that which we demand not wickedly and arrogantly , but by intreaty endeavour to obtain , hath a far greater force , than the threatnings of Lawes , the ostentation of punishments , or armies of souldiers . This reduceth a People without force into modesty , conciliateth to a King his subjects good-liking , increaseth and maintaineth the publick tranquillity , and the wealth of every one severally . Let therefore a King carefully consider , that he is set on the theatre of the world , and for a spectacle proposed to all , so as no word or deed of his can be concealed , The vices of Kings can never be kept secret . For the supream light of fate suffers nothing to ly hid in obscurity , and fame enters into all secret places , and finds out obscure corners . O how much doth it concerne Kings to be circumspect on all hands ; seeing neither their vices nor their vertues can be concealed , nor yet without a great universall change of affaires . But if any do yet doubt , what great importance there is in the conversation of a Prince , for the emendation of the publick discipline , let him take but a view of the small beginning of the State of Rome . That rude people consisting of shepherds and countrey in habitants , I shall not say worse , naturally fierce , having got a very cour●gious King , and having pitched once their tents , for soliciting the peace of the neighbouring nations , and provoking them to fight , how much do you think of hatred and fear was bred in their neighbours ? When again that very same people had set over them a pious and just King , they were so suddenly changed , that being wholly devoted to the worship of their Gods and to acts of justice , that to wrong them their neighbours judged it a crime , even those very neighbours , I say , whose lands before they had laid waste , whose cities they had burnt , and their children and Kinsmen they had carried away into bondage . Now if in that barbarity of manners , & rudeness of times Numa Pompilius , ( who a little before was brought out of another nation at enmity with them , and made King ) could do so much : what shall wee xpect , or rather , what shall we not expect of those princes , who being supported by affinity , vassalls , and much wealth left them by their Ancestors , obtain the Government ? And are born and brought up in expectation thereof . Now how much should it stirre up their minds unto vertue , that they hope to have the praise not of one day , as Stage-players do , the scene being once past , but the goodwill , admiration , and perpetuall remembrance of their life to all posterity , and know that honours in heaven are prepared for them ? I wish I could express in words the representation of that honour which in mind I have conceived . Now that I may somewhat propose unto your view the same by some of the first draughts and lineaments thereof , consider with your self , how the brasen serpent erected by Moses in the desert of Arabia , did heal the wounds made by other serpents by a very look of the people thereon . Imagine that out of the whole people there were some stung by serpents , and running together for present cure , others astonished at the newness of the miracle , and all celebrating with all kind of praise the immense and incredible goodness of God : when they perceive that the pain of that deadly wound was not taken away , either by medicaments , with the torment of the patient , by the Physicians labour and assiduous carefulness of friends , nor by any long space of time , but reduced unto health in a moment . Compare now a King with that serpent , and so compare him , that you may reckon a good King amongst the greatest benefits of God who alone without any expence of thine , and without thy paines and labour , doth relieve a Kingdome of all its troubles , setleth perturbations , and in a short space bringeth the inveterat ulcers of minds unto a cicatrice or scar : neither is he only a procurer of health to those who behold him near at hand , but also to such as are a far off , and have no hope to see him , in whose image so great a force is presented to the minds of his subjects , that it doth easily performe what the prudence of Lawyers , the science of Philosophers , and the experience of so many ages in collecting their severall arts could never performe . Now what greater honour , dignity , eminency or majesty can be told or excogitat to be in any man , that by speech , converse , sight , fame , and a tacite species presented to the mind , he may reduce the most luxurious to modesty , the violent to equity , and those that are furious unto a right mind . Can you ask of God a greater benefit than this so much for the good of mans concernes ? If I mistake not , this is the true representation of a King , not that of a King guarded with weapons of war , ever fearing others , or making others afraid , by his hatred towards his people measuring his peoples hatred against him . This representation which we have given , Seneca in his Thyestes hath expressed in very pleasant colours , which verse I doubt not but you know , seeing it is most elegant . Do I now seeme to speak basely and contemptuously of a King ? and bind him fast loaded with the fetters of Lawes within a goale , as you did lately say ? And not rather do bring him forth into light , and assemblies of men , and set him upon the publick theatre of mankind , accompanied not with the arrogant company of archers and armed men , and rogues cloathed in silk , but guarded in safety by his own innocency , not with the terrour of armes , but by the love of his people : and not only at freedome and set aloft , but honoured , venerable , sacred , and eminent , and coming forth with the good wishes and fortunat acclamations of the people , and whithersoever he goeth , turning the faces , eyes and hearts of all towards him . What acclamation , or what triumph can be compared with this daily Pomp ? Or if God in humane likeness should come down into earth , what greater honour could be given him by men , than that which would be given to a true King , that is to the lively image of God ? For neither can love bestow , nor flattery invent a greater honour than this . What do you think of this representation of a King ? M. So splendide & magnificent indeed it is , that it seemes nothing can be said or imagined more magnificent . But in these corrupt times of ours , it is hard to find this magnanimity , unless carefull education make an honest and good nature and disposition . For the mind being principled with good instructions and acts from infancy , and by age and daily practice confirmed , endeavours by vertue to attain to true glory ; in vain it is tempted by the allurements of lusts , or weakned by the impressions of adversity . For thus learning doth perfect naturall parts , and good breeding doth strengthen the mind : so that it findeth occasion of exercising vertue amongst the very recreations of pleasures , and these things which usually terrify weak ones , by reason of difficulty , vertue doth account them as a matter of praise . Seeing then there is so great importance in learning for all conditions of life , with what great care and solicitude should men foresee , that the tender minds of Kings be righly principled , even from their very infancy . For seeing many are the benefits of good Kings towards their Subjects , and contrary wise , many calamities proceed from wicked Princes , than nothing doth seeme to have a greater influence upon every rank of men , than the cariage and conversation of Kings and others , who joyntly rule publick affaires . For what is done well or ill by private persons , is for the most part hid from the multitude : or by reason of such mens obscure condition their example belongeth to few . But all the words and deeds of those , wh● hold the helme of publick affaires ; canno● be concealed , beeing written as it were 〈◊〉 a publick monument , as Horace saith , but ar● set before all men for imitation . For the● do not turne mens affections to themselves 〈◊〉 studying to please them , but by very kindl● allurements of utility . And whither soeve● the inclinations of Kings do drive , they mak● the publick discipline wheele about wit● them . But I am afraid , that our Kings wi●● not be intreated to performe what you hav● now mentioned . For they are so marred by th● allurements of pleasures , & deceived with th● false shew of honour , that I think they 〈◊〉 almost that which some Poets report to hav● befallen the Trojans who were in compan● at sea with Paris . For the true Helena bein● left in Egypt with Protheus a holy and truel● religious man , they did contend so Pertina●ciously the space of ten years for her likeness that it was the end of a most pernicious war and of the most flourishing Kingdome in thos● times . For impotent Tyrants embracin● that false representation of a Kingdome when they have once obtained it by right 〈◊〉 wrong , cannot lose it without destruction Now if any do admonish them , that the tru● Helena for whom they imagine to fight , is els● where concealed , they would call him ma● ▪ B. I am indeed glad that you somewhat unde●●stand the beauty of that true daughter 〈◊〉 Jupiter from this her likeness , such as it is , albeit you do not see her self . But if these lovers of that Helena , to their great dammage , did see the perfect image of the true Helena , pourtrayed with her lively colours by some Protegenes or Appelles , I do not question but they would admire her and fall in love with her . And if they did not command their affections to enjoy that other , they might fall into those grievous punishments , which Perseus in his Satyres doth imprecat on Tyrants . O Supream Father of the Gods , be pleased thus to punish cruell Tyrants , when any execrable lust dipt in raging Poyson doth stirre up their spirits , let them see what vertue is , and let them pine away for sorrow , because they despised her . And therefore seeing we are fallen in to make mention of Tyrrants , may it please you , that straight way we proceed to speak of them ? M. Yea , unless you think some other thing should be first spoken . B. I suppose we shall not deviat , if we proceed in the same footsteps for finding out a tyrant , wherein we did insist in seeking out a King. M. I think so . For by that means we shall very easily understand what difference there is betwixt them , if set one against another they be duely considered . B. And first of all that we may begin at a Tyrants name , of what Language , it is uncertain . I therefore think it now necessary for us to seek therein the Greek , or Latine Etymology . Now what the Ancients did call Tyranny , I think is not unknown to any who are well versed in humane literature . For Tyrants were called both by the Greeks and Latines , who had the full power of all things in their hands , which power was not astricted by any bonds of Lawes , nor obnoxious to the cognition of judges . Therefore in both languages , as you know , not only the noble heroes , and most famous men , but the chiefest of the Gods , and so Jupiter also is called Tyrannus : and that even by those who both think and speak honourably of the Gods. M. I know indeed that well enough : and the rather I much admire , whence it is come to pass , that that name now for so many ages is accounted odious , and also amongst the most grievous reproaches . B. It seemes certainly to have fallen out in this word , which happeneth to be in many others : for if you consider the nature of words , it hath no evill i● it . And albeit some words have a more pleasant sound in the ears of hearers , and others a more unpleasant , yet of themselves they have no such thing , so as to stirre up the mind to wrath , hatred , or hilarity , or otherwise to creat pleasure or pain and trouble If any such thing befall us , that happens to fall out usually , not from the word , but from the consuetude of men , and image thereof conceived by the hearers . Therefore a word which amongst some men 〈◊〉 honest , amongst others cannot be heard ●ith some preface of , with reverence . M : ● remember that the like is befallen the ●ames of Nero and Judas , whereof the one ●mongst the Romans , and the other amongst ●he Jewes was accounted by great men very ●amous and honourable . But thereafter by ●o fault of these names , but of these two ●en , it hath come to pass , that even the ●ost flagitious men will not have these names ●o be given their children : they being buried ●nder such infamy . B : The same also is ●erspicuous to have befallen the word Tyrant , ●or it is credible , that the first Magistrats , ●ho were thus called , were good men ; or ●rom hence , that this name was sometime so ●onourable , that it was attribut to the Gods. ●ut those that came afterward made it so famous by their wicked deeds , that all ●en abhorred it as contagious and pestilen●ous , and thought it a more light reproach 〈◊〉 be called an hang-man than a Tyrant . M : ●erhaps it was the same as befell the Kings 〈◊〉 Rome after the Tarquinii were deposed in ●●e name Dictator after M. Antonius and 〈◊〉 : Dolabella were Consuls . B : Just so . And ●● the Contrary , base and vulgar names have ●een made famous by the vertue of men ●●lled thereby . As amongst the Romans , ●●millus , Metellus , Scropha : and amongst ●●e Germans , Henry , Genserick , Charles . ●his you shall the better understand , if taking away the name of Tyrant , you consider the thing , notwitstanding that this kind of government hath continued in its former honour and respect amongst many famous Nations , as the Aesymnetae amongst the Greecians , and the Dictators amongst the Romans : for both were lawfull Tyrants . Now Tyrants they were , being more powerfull than the lawes but lawfull they were , as being chosen by consent of the people . M : What am I hearing ? Tyrants and yet lawfull ? Indeed I did expect a far other thing from you : bu● now you seeme to confound the difference of all Kings and Tyrants . B : Indeed bo●● Kings and Tyrants amongst the Ancien● seeme to have been altogether one and th● same ; but I suppose in diverse ages : for 〈◊〉 think the name of Tyrants was more ancient thereafter when they became weary of t●● name , in their place succeeded Kings 〈◊〉 more plausible name , and more gentle g●●vernment , and when they also began to degenerat , the moderation of lawes 〈◊〉 adhibited , which might set limites to th● boundless lusts of their government . 〈◊〉 men according to the exigence of times , 〈◊〉 their usuall way , seeking out new remedi● became weary of the old way of government and sought out new wayes . Now our prese●● purpose is to handle both kinds of govern●ment , namely that wherein as well the ●●●vernment of Kings as of lawes is the 〈◊〉 ●owerfull : and the worst kind of Tyranny , ●herein all things are contrary to a King●ome , and have undertaken to compare ●hem one with another . M : It is so . And earnestly expect you would fall upon that . B : At first then we had agreed , that a King was created for maintaining humane society , ●nd we determined his office and duty , that by the prescript of lawes he should allow every man his own . M : I do remember ●hat . B : First then , he that doth not receive ● government by the will of the people , but ●y force invadeth it , or intercepteth it by fraude , how shall we call him ? M : I suppose , a Tyrant . B. There be also many other differences , which I shall briefly run through , because any man may easily collect them from Aristotle : for the government of Kings is according to nature , but that of Tyrants is not . A King doth rule his subjects , and reigne over them by their own consent . Tyrants reigne over them nill they , will they . A Kingdome is a principality of a Free man among free men : Tyranny is a principality of a Master over his slaves . For defence of a Kings safety the subjects watch and ward , For a Tyrant forrainers do watch to oppress the Subjects . The one beareth rule for the Subjects welfare , the other for himself . M. What do you say of those who have gotten into their hand the supreame authority by force and without the peoples consent , and yet for many years did so rule that the people were not weary of their government ? for what could be wanting in Hiero the Syracusan King , or in Cosmo 〈◊〉 Mediees the Florentine Duke to make them just Kings , except the peoples suffrages ? B. Indeed we cannot exeeme them out of the number of Tyrants . For it was nobly spoken by a notable Historian , albeit you may indeed rule your countrey and friends by violence and force , and correct their faults , yet it is unseasonable . Then again , such do seeme to do just like robbers , who cunningly dividing their ill gotten goods , do seek the praise o● justice by injury , and of liberality by robbery ▪ yet do not obtain what they hunt for ; by the odiousness of one ill deed they lose all the thanks of their ostentative bounty , and so much the less assurance of their civill disposition do they give their Subjects , and that because they do not that for their Subjects good , but for their own government , namely , that they the more securely may enjoy their own lusts and pleasures , and establish a soveraignty over the posterity to come , having somewhat mitigated the peoples hatred . Which when they have once done , they turne back again to their old manners . For the fruit which is to follow may easily be known by the sower thereof . For he hath the same strength and power to revoke all things at his pleasure , and to transferre unto himself the strength of all lawes , even as if he would abrogat all lawes . But this kind of Tyrants had been perhaps tolerable , if without the common destruction of all it could have been taken away , even as we do endure some bodily diseases rather than throw our life into the hazard of a doubtsome cure . But they who bear rule , not for their Countrey 's good , but for their own self interests , have no regard to the publick utility , but to their own pleasure and lust , they place the stability of their authority in the peoples weakness , and think that a Kingdom is not a procuration concredited to them by God , but rather a prey put into their hands . Such are not joyned to us by any civil bond , or bond of humanity , but should be accounted the greatest enemies of God and of all men . For all the actions of Kings should aime at the publick safety of their Subjects , and not at their own wealth . By how much Kings are raised above other men , so much should they imitat the celestiall bodies , which having no good offices of ours given to them , yet do infuse on humane affaires a vital and bountifull vertue of heat and light . Yea the very titles wherewith we have honoured Kings ( if you remember ) might put them in mind of their munificence . M : Me thinks I remember , namely , that they should use a paternal indulgence towards their Subjects committed to them as towards children ; the care of a Shepherd in procuring their profit : as Generals in maintaining their safety , as Governours in excellency of vertues , and as Emperours commanding those things which might be usefull . B. Can he then be called a father , who accounts his Subjects slaves ? or a Shepherd , who doth not feed his flock , but devoureth them ? or a Pilot , who doth alwayes study to make shipwrack of the goods in his ship , and who ( as they say ) makes a leck in the very ship wherein he sailes ? M. By no means . B. What is he then , who doth not rule for the peoples good , but still doth all for himself , who doth not strive with good men in vertue , but contendeth to exceed the most flagitious wretch in vices ? who leadeth his subjects into manifest snares ? M. Indeed such shall not be by me accounted either a generall , or Emperour , or Governour . B. If you then shal see any usurping the name of a King , and in no kind of vertue excelling any of the people , but inferiour to many therein , not fatherly affectionat towards his subjects , but rather oppressing them by arrogant domineering , and that thinketh the people is concredited to him for his own gain and not for their safeguard ; Will you imagine that such a man is truely a King , albeit he goes vapouring with a great many in guard about him , and openly be seen with gorgeous aparrell , and make a shew of punishments ; can he conciliat the people , and catch their applause by rewards , games , pompous shewes , and even mad underminings , and what ever is thought to be magnificent ; will you , I say , account such a man a King ? M. Not indeed , If I would understand my self aright , but void of all humane society . B. Within what limites do you circumscribe humane society ; M. Within the very same limites wherein by your preceeding discourse you seemed to include it , namely within the hedge of lawes . Which whosoever transgress , be they Robbers , Thieves , or Adulteres , I see them publickly punished , and that to be accounted a just cause of their Punishment , because they transgressed the limites of humane society . B. What say you of those , who would never once enter within these hedges ? M. I think they should be accounted enemies to God and men , and reckoned amongst wolves , or some other kind of noisome beasts , rather than amongst men : which whosoever doth nourish , he nourisheth them for his own destruction and others : & whosoever killeth them , doth not only good to himself , but to all others . But if I had power to make a law , I would command ( which the Romans were wont to do with monsters ) such kind of men to be carried away into solitary places , or to be drowned in the depths of the sea afar from the sight of any land , lest by the contagion of their carcases they might infect other men . And rewards to the killers of them to be discerned not only by the whole people , but by every particula● person : as useth to be done to those who have killed wolves or namely that these Spirits beares , or apprehended their whelpes . For if such a monster should be borne , & speak with a mans voice , & have the face of a man , & likeness of other parts , I would have no fellowship with him ; or if any man divested of humanity should degenerat into such cruelty , as he would not meet with other men but for their destruction , I think he should be called a man no more than Satyres , Apes , or bears , albeit they should resemble man in countenance , gesture and speech . B. Now , If I mistake not , you understand what a King , and what a Tyrant the wisest Ancients meant in their writings . Will it please you then that we propose some idea of a Tyrant also , such as we gave in speaking of a King ? M. Yes , that I do earnestly desire , if it be not a trouble to you . B. You have not forgot , I suppose , what by the poets is spoken of the Furies , and by our divines of the nature of evill Spirits , are enemies of mankind , who whilst they are in perpetuall torments , yet do rejoice in the torments of men . This is indeed the true idea of Tyranny . But because this idea can only be discerned in the imagination , but not by any of the senses , I shall set before you another idea , which not only the mind may discerne , but the senses also perceive , and as it were represented to the very eye . Imagine you see a ship tossed by waves in the sea , and all the shoares round about not only without haven or harbour but also full of most cruell enemies , and the Master of the Ship in contest with the Company , and yet to have no other hope of safety than in their fidelity , and the same not certain , as Knowing well that he puts his life into the hands of a most barbarous kind of men , and void of all humanity , whom by money he may hold trusty , and who for greater gain may be conduced to fight against him . Such indeed is that life which Tyrants embrace as happy . They are afraid of enemies abroad , and of their Subjects at home , and not only of their subjects , but of their domesticks , Kinsfolk , brethren , wives , children , and near relations . And therefore they have alwayes war , either a forrain war with their neighbours , civil war with their Subjects , or a domestick war within doores , or else they are still in fear thereof . Neither do they expect aid any where but by a mercenary way , they dare not hire good men , nor can they trust bad men ; what then in all their life can be to them pleasant ? Dionysius would not let his daughters once become women to trim him , fearing to let the razor come to his throat . Temoleon was killed by his own brother , Alexander Pheraeus by his own wife , and Sp : Cassias by his own father . He that still hath such examples set before his eyes , what a torture do you imagine he carryeth about in his breast ? Seeing he thinks that he is the mark set for all mankind to shoot at . Neither is he only while awake tormented with these tortures of conscience , but also is awakned out of his sleep by terrifying sights both of the living and dead , and agitat by the fire brands of hellish furies . For the season which nature doth grant for rest to all creatures , and also to men for relaxation of their cares , to him is turned into horrours and punishment . M. Forsooth you have handled these things very acutely , but I know not if truely also , but yet , if I mistake not , they make not so much for our purpose . For they who have the power to choose what Kings they please , in them is the power to bind by lawes such as they have chosen . But you know that our Kings are not chosen , but born Kings . To whom I have alwayes thought it to be no less hereditary , that their will and pleasure should stand for law , than the Kingdome it self . Nor am I rashly induced to be of this opinion , but convinced by severall great Authors , with whom I am not ashamed to be mistaken , ( if at all I be in any mistake or errour . ) For not to make mention of others , Lawyers do affirme , that by the Royall law which is made for the government of Kings , all the peoples power is so transmitted into them , that their will and pleasure should be accounted for lawes . And indeed from this law did those threatnings of a certain Emperour arise , that he would quite take away from lawyers all their science , wherein they so much boast , by one Edict . B. You do very well , that whilst you cite a most wicked Author of one of the greatest deeds , thought good to suppress his name . For that was C , Caligula , who wished but one neck for all the people of Rome . Now in that Emperour there was nothing of a man , far less of a King , beside his shape , you are not then ignorant how much authority may be due to him . But as for the Royal law ▪ what it is , when , by whom , and in what words it was made the very lawyers make no mention . For that power was never in any of the Roman Emperours , seeing from them appeals were made to the people . But that ordinance , whereby L : Flaccus having oppressed the liberty of the people of Rome , established by the silence of other lawes ; the Tyranny of L : Sylla , no man did ever hold for a law . For of that ordinance such was the strength , that whatever L : Sylla had done , should be ratified , Which law never any free people was so infatuat , as willingly to permit to be imposed on them . Or if any such were , he were indeed worthy to serve perpetually Tyrants , and be punished for his folly . But if any such law have been , let us think it was an example proposed to us for caution , but not for imitation . M. Indeed you admonish well . But that admonition belongeth to them in whose power it is to creat such Kings as most please them , but to us it doth not at all belong , who do not by suffrages elect the best Kings , but accept of those that by chance are given us . That also of a certain lawyer seemes properly to quadrat with us , who have given to our Kings Ancestors that right and authority over us and our posterity , that they and their posterity should perpetually hold their empire and authority over us . I wish then you had admonished them ( I mean our Ancestors ) who once had it in their own power entirely to admit such Kings as they pleased . But now that counsell of yours too late serves only for this , not to amend the faults that are not in our power , but deplore our Ancestors folly , and acknowledge the misery of our condition . For what can be left to those that are made slaves , but to be punished for other mens folly ? And that our punishment may be made more light , let us asswage them by patience : let us not provoke their wrath , by tumultuating importunely , whose dominion over us we cannot cast off , nor diminish their power , nor flee from their force or weakness . Now that Royal law , to which you are so much an Adversary , was not made in favours of Tyrants , as you would have it seeme to be , because it was approved by Justinian a very Just Prince . With whom so plain flattery would not have had place . For with a foolish Prince that of the Poet would prevaile whom doth false honour help , or lying infamy terrify , but a lewd man and a lyar ? B. Indeed Justinian , as history reports , was a great mighty man albeit some do report him to have been cruelly ingrate to Bellisarius . But let him be such as you judge he was , yet you may remember , that it is recorded by some almost of that same age with him , that Tribonius , a chief man amongst the compilers of these lawes , was a very wicked man , and so might easily be induced to gratify also a very bad Prince . But even good Princes do not hate this kind of flattery . For Even those who will not kill any man , do yet desire to have it in their power , and there is nothing which he dare not believe of himself , seeing his power equall to that of the Gods is commended . But let us returne to our own Princes : to whom you say the Kingdome doth come by inheritance and not by suffrages . Now of our own only I speak , for if I shall digress to speak of forrain Princes , I fear lest our discourse become more prolixe than we intended . M. I think you should do so . For forrain affaires do not much belong to our dispute in hand . B. That I may therefore begin at the first Principles . This is sufficiently agreed upon , that our Princes were chosen for their vertue , who should governe others . M. So do the writers of our affaires record . B. Nor is this less known , that many who have reigned cruelly and wickedly have been called to account by their Subjects : some adjudged to perpetuall imprisonment , others punished partly by exile , and partly by death , against whose killers no inquisition was ever made , even when their Sons or kinsmen were assumed into their stead . But who ever had killed good Kings , were most severely punished , so as no where else was murther more severely revenged . And because it would be tedious to rehearse every one , I shall produce some few of these last Kings , whose memory is most recent . The nobility did so grievously punish the murther of James the first , ( having left as heir his son● of six years of age ) that by a new and exquisit kind of punishment they put to death severall persons of very eminent families , and peers of the land , both for wealth and vassalage eminent : On the contrary , who did condole the death of James the third , a man flagitious and cruell ? far less revenge it ? But in the death of James the fourth his Son , the suspition of the crime was punished with death , neither were our Ancestors piously inclined towards good Kings , but also gentle & mercifull towards wicked Kings . For when one of King Culen's Enemies had killed him in his journey , whilst he is coming to give an ●ccount of his administration , he was severe●y punished by a sentence of the Estates of ●arliament . And likewise was punished as 〈◊〉 enemy he who had killed Evenus in prison , who had been adjudged to perpetuall bonds . And the violent death or parricide of him ●hey punished , whose wicked and vicious ●ife oll men had hated , M. I do not so much ●nquire at present what some time hath been done , as by what right Kings reigne amongst us . B. That we may therefore returne there●nto , as in our first Kings until Kenneth the ●hird , who first setled the Kingdome in his own family , it is very clear what was the peoples power in creating their Kings , and ●aking order with them , even so it is necessary we know , that he either did that against the peoples will , or by perswasion obtained it M. That cannot be denied . B. Moreover , If by force he compelled the people to obey him , then how soone the people began to have confidence in their own strength , they might have cast off that violent yoke of Government imposed upon them : Seeing all Lawes received by Kings and people do pronounce , and nature it self doth call for it , that whatever is done by force and violence , may be undone by the like violence . M. What if the people being by fraud eircumvented , or by fear forced did surrender themselves into that slavery : what for excuse can be pretended , but that they perpetually continue in that case , into which it was once agreed they were to be in ? B. I● you debate with me from that agreement what excuse there is for undoing the same I shall on the other hand lay down some reasons why pactions and agreements may be dissolved . And first of all , such as are made through force or fear , in all common-wealths concerning these there is a sure Law , draw● from Natures spring . Lawes allow restitution to be fully made to such as are by frau● circumvented , and think that it should be kept for pupills , and such other persons ▪ who by just Law they would have to be defended . What Assembly therefore of me● can require more justly to have restitution than a whole people , to whom the wrong is done , which indeed is not done against one part of the commonwealth , but floweth fa● abroad into all the members of that politick body ? M. I know this Law to be made use of in the cases of private persons , nor is it unjust . But there is no necessity we should debate herein , seeing it is far more credible ( which is recorded by Historians ) that tha● right was by the peoples will granted to Kings . B. It is also credible that so great a matter was not obtained without some great cause . M. I do easily assent thereto . B. What do you think was the chief cause thereof ? M. What other , except that which is recorded ? wearisomness of ambition , tumults , murthers , intestine wars , often with with the utter destruction of the one party , and alwayes with very great dammage of ●oth . For such as did obtain the government , endeavoured to cut-off their brethren , and almost all their near kinsmen , that they might leave the government the more peace●ble to their children , even as we hear is done amongst the Turks , and as we see amongst the chief of Clanns in our Islands , and in Ireland . B. To which of the two do ●ou think was that contention most pernici●●s , to the people or to the Princes ? M. Certainly to the Kings , seeing the greatest 〈◊〉 of the people securing themselves doth usually stand spectators of Princes contests , and yeeld alwayes as a prey to the victors . ● . It seemes then that Princes rather for themselves , than for the good of the people desired to establish the Kingdom in their own family . M. That is very probable . B. Now that ●hey might obtain that which did so much concerne the perpetual dignity , wealth and safety of their family , it is probable , that they did dispense or remit to one another somewhat of their right : and that they might the more easily obtain the peoples goodwill , ●iking and consent , they on their part gave ●hem some ease . M. I believe that . B. You will certainly confess it incredible , that ●or so great a benefit bestowed on their Kings , ●hey should endure to be in a worse case than formerly they were in . M. It is altogether incredible . B. Neither would Kings have desired it with so great ambition , if they had known it would prove hurtfull to their children , and unprofitable to the people . M. Not at all . B. Imagine then that some one in Parliament of the free people did freely ask the King , what if to any King should succeed a Son that is a fool , or mad ? Will you set such over us to rule us , who cannot rule or governe themselves ? M. I think there was no need to make use of that exception , seeing by the Lawes it is provided against such a case . B. Well said indeed . Let us then see , if Kings had obtained from the people a free power over the lawes , whether that had been unprofitable , especially to those who desired to foresee the good of their own family in time coming . M. Why shall we think that that power would be unprofitable ? B. Because nothing doth so much contribute for the continuance of a Government , as that temperament of Government , seeing it is both honourable for Kings , and Moderat , and safe for the people . The mind of man hath somewhat sublime and generous imbred therein by nature , that it will obey none , unless he governe profitably : Nor is there any thing more prevalent for maintaining humane society , than the mutuall exchange of benefits , and therefore Theopompus seemes to have wisely answered his wife ●pbraiding him that by adding the Epbory he ●ad diminished the power of his authority , ●nd had left the Kingdome to his Sons less ●han he had gotten it . It is , saith he , so much the more firme and sure . M. What you relate of continuance , I perceive is most true . For I think the Kingdomes of the Scots and Danes are the most ancient of all that are in Europe , nor do they seeme by any other means to have attained that antiquity , than by the moderation of the supreame authority , whilst in the mean time the Kingdomes of the Frenches , Englishes and Spaniards have past so often out of one family into another . But I do not know if our Kings have been so wise as Theopompus . B. As they have not been so prudent , do you imagine that the people were so foolish , as to neglect an occasion so opportune put into their hand ? or that they were so struck with fear , or seduced by flatteries , as to give themselves over into slavery willingly ? M. Perhaps it was not . But if the people ( which indeed might be ) were so blind , that they did not see what might concerne their own good , or being careless would not see what might be for their benefit , so as to contemne it , should they not then be justly punished for their folly ? B. It is not probable , that any such thing was done , seeing we may see the contrary to be observed even to our dayes . For besides that wicked Kings , as often as they intended tyranny over their Subjects were alwayes restrained , some vestiges 〈◊〉 the ancient customes do yet continue in som● ancient familes . For the Old Scots even 〈◊〉 our very dayes do choose their heads of clans and having chosen them , do give them council of Elders , to which councill who soever gives not obedience , is deprived 〈◊〉 all honour , and dignity . What therefore 〈◊〉 with very great care observed in the parts would they be negligent of for the security and safety of all ? And would they willingl● redact themselves into bondage to him , wh●● was to possess a lawfull Kingdome in stea● of some benefit ? and would they freely giv● over their liberty acquired by vertue , defend●ed by armes , not interrupted for so many ages , to one not expecting it , without force● without war ? For the calamity of John Bal●o● doth shew that that power was never granted to our Kings , besides the punishments so often taken for their Maladministration . Who about two hundred and sixty years ago was by the nobility rejected , because he had subjected himself and his Kingdome to the authority of Edward King of England , and Robert the first was substitute in his stead . The same doth also shew that perpetual custome continued from the beginning of our Government . M. What custome do you speak of ? B. When our Kings are publickly inaugurat , they solemnely promise to all the People , that they will observe the Lawes , rites and old statutes of their predecessors , & use the ●ame power which they have received from them , that whole order of ceremonies doth shew , & the first entry of our Kings into every City , from all which it may be easily understood , what kind of power they did receive from our predecessors , to wit , none other than that they swear to maintain the Lawes being chosen by suffrages . This condition of reigning did God propose to David , and his posterity , and promiseth they should reigne so long , as they should obey the Lawes he had given them , those things indeed they do , as is probable that our Kings received from our Ancestors a power not immense , but within certain limites bounded and limited . And further there was the confirmation of a long time , and the usurpation of a perpetual right by the people , never reprehended by a publick decree . M. But I fear it cannot be easily obtained of Kings as being perswaded by that probability to condescend to these Lawes however sworn unto , or usurped by the people : B. I also believe , it is no less hard to perswade the people to pass from the right received from their Ancestors , approved by the use of so many ages , and practised by one continuall tenour . I do not think it needfull to proceed by conjectures what the people is to do , since I see what they have done already . But if by the obstinat pertinacy of both the business come to armes , he that prevaileth will give what Law and right he pleaseth to the vanquished : but this will not longer continue than he who is vanquished , having again gathered together his forces , shall take up Armes again . In all which contentions men usually still fight with very great damage of the People , but with the utter overthrow of Kings . For from this spring do flow all the destructions of all Kingdoms . M. It must needs be so . B. I have perhaps gone back further than was needfull ; to the end you might clearly understand what kind of Government there was amongst us of old . For if I had reasoned with you according to the rigour of the Law , I might have gained my poynt in a far more compendious way . M. Albeit you have almost satisfied me already , yet I shall willingly hear what that is . B. I would then have you first of all to answer me this question . Do you not approve the definition of Law set down by Lawyers , who say that Law is , that which the People knew when demanded by him to whom the prerogative of demanding belongeth . M. Indeed I do approve it . B. We have agreed , that the faults of Lawes being found out , they may be amended or abrogat by the Law givers . M. We did so . B. I suppose you perceive now , that such as are borne Kings are by the Lawes and Suffrages of the People created , no less than those whom we said were elected ●n the beginning . And that in receiving of Lawes there will not be remedies wanting in ●he People , who are the Lawgivers , not on●y against force and fraud , but also against ne●ligence . M. I perceive that clearly . ● . Only here is the difference , that the Law ●oncerning our Kings was made severall ages ●efore , and when any doth enter into the ●ingdome , there useth to be no new Law ●ade , but the old Law is approven , and ●●tified . But amongst those who have their ●eeting of Estates at the election of every ●ing , the Law useth to be made , the King ●reated and approved , and so to enter into ●s Government . M. It is so . B. Now if ●ou please , let us briefly recapitulat what we ●re at accord in from the very beginning . ●o that if ought be rashly approven , it may ●e retracted . M. I am content . B. First ●f all then , it seemes that a King is created 〈◊〉 the peoples sake , and that nothing more ●xcellent is given us of God than a good King , ●nd more pestilentious than a wicked King. ● : Very right . B : We have also said that wicked King is called a Tyrant . M· We ●●ve said so . B. And because there is not ●●ch plenty of good men , so as to choose those ●ho may prove good Kings , nor so great a ●●ppiness of birth , as that good Luck may ●●fer us those that are good : if we have not ●●ch as we would wish , yet we have such as ●ther consent hath approved , or chance hath ●●fered . Now the hazard that occureth either in choosing new Kings , or in appro●ving such as are given us by birth , was th● cause that we desired Lawes , which migh● modify the Government of Kings . No● these Lawes should be nothing else but th● express image ( as far as may be ) of a goo● Prince . M. We are at accord in that als● B : It now remaineth , as I suppose , for 〈◊〉 to speak of the punishment of Tyrants . M ▪ That only seemes to remain unspoken of . ● If then a King break all the bonds of Lawes and plainly behave himself as a public enemy , what think you should be done this case ? M : Indeed I am at a stand her For albeit the reasons you have given see● to convince me , that we ought to have 〈◊〉 society with that King , yet so great is t●● strength of a constant custome that in my opin●●on it hath the strength of a Law : Whi●● custome doth so closely cleave to men in the minds , that if at any time it hath brought an errour , better it is to tolerat it , than 〈◊〉 marre the constitution of the whole body whilst we endeavour to cure a disease that but small by custome . For such is the natur● of some diseases , that better it is to endu●● the pain they bring , than to call for doub● some remedies , in the applying whereo● albeit the cure may be wrought , yet th● bring such sharp paines in their cure , as th●● the cure of the disease is more pernicious th●● the disease it self . Next , that whi●● troubles me more is , I see that Governme●● which you call Tyranny confirmed by the Word of God , and what you abhorre as the ●●tter overthrow of Lawes , God doth call ●he Law of the Kingdome ; the authority of ●hat passage of Scripture doth move me more ●han all the arguments of Philosophers . If you do not explain this to me , the comments of men will not be of so great account with ●e , but that I may instantly fall away to the Adversaries side . B : You are , as I perceive , ●n the common errour , and that very grie●ous , who do endeavour to confirme Tyranny by Tyranny . For how great the Tyranny of custome is in the minds of men , wherein ●t hath taken deepest root , and too often we have found it in this our age , Herodotus an an●ient writer doth give us warning by an old example , but I need not old examples . Be well advised . Consider with your self how many things there be of great moment , wherein you following the dictates of reason have fallen from a custome inveterat so many ages past , so that now you might have learned by domestick experiments , that there is no custome more full of dangers than that which in a publick way they command us to follow . I bid you look well to it round about , how many ruines , and how great slaughters will you see therein ? but if it be more clear ( as we say ) than the very light , I need not tarry longer in proving or illustrating a thing so perspicuous . Now as for that passage of Scripture , which from the history of the Kings you rather signify than explain , beware , I pray you , you think that the things which God doth abhorre in the life of Tyrants , are by him allowed to Kings . Now lest this be , I bid you first consider what that people sought of the Lord : then what causes of a new petition they had . Lastly , what the Lord did answer them . First , they ask a King , but what a King ? a Lawfull King ? such a one they had . For Samuel was given them by the Lord , whose prerogative it was to set a King over them . He had for many years judged them Lawfully according to prescript of Gods Law : but whilst in his old age his sons did judge , they did many things wickedly , and judged contrary to the Lawes . I see no reason why they should ask the change , or rather amendement of the Government , or expect the same from the Lord , who not long before had quite rooted out the whole family of Heli● almost for the like cause . What do they then ask ? A King , such as their neighbouring nations had , who at home might be a judge to them , and abroad a leader of their Armies . Now in effect such were Tyrants . For as the people of Asia are of a more servile disposition than those of Europe , so did they the more easily obey the commands of Tyrants . There is no mention made for ought I know , by any historian of any Lawfull King in Asia . Moreover , it doth easily appear that a Tyrant , and not a King is there described , in regard the Lord in Deuteronomy had prescribed to them a forme not only different from this in that place cited by you , but also plainly contrary thereto , according to which forme Samuel and the other judges had judged so many years , which whilst they did reject , the Lord complaines , that he was by them rejected . M : But the Lord doth not call him Tyrant , but ever King. B : He calles him indeed King : for it is peculiar to the Lord , to use the common speech of the people , as often as he speaketh to a people . And therefore he maketh use of that word with the vulgar people : but lest an ambiguous use thereof might deceive , he doth eloquently expound what the use of that word was amongst neighbouring Nations . M : As that may be true , yet that of the Apostle Paul doth urge us more narrowly , who commandeth us to pray for the safety of Princes : he is so far from permitting us to revile Government , much less to dethrone such as are invested therewith , or to kill them being thrown down . But what Princes doth he recommend to our prayers ? the most cruell that ever were , Tiberius , Caligula , Claudius , Nero. For Pauls Epistles were almost contemporary with them . B. That you make so much account of the authority in Paul , so as one sentence of his hath more weight with you than the writings of all Philosophers and Lawyers , I think you do well : but see that you consider well his judgment , or meaning : for you must not examine the words only , but in what time , to whom , and why he wrote . First then let us see what Paul did write . For he writeth to Titus Chap. 3. Put them in mind to be subject to Principalities and powers , and to be ready to every good work . I suppose , you see , what end of obedience and subjection he appoints . He likewise to Timothy Chap. 2. Doth write , that we should pray for all men , even for Kings , and other Magistrats , that , saith he , we may live a peaceable life in all godliness and honesty . And here you see what end of praying he appoints : namely not for the Kings safety , but the churches tranquillity , from which it will be no difficult thing to conceive also the forme of prayer . Now in his Epistle to the Romans , he doth define a King near to a Logick subtilty , for saith he , he is a Minister to whom the sword is given by God , for punishing the wicked , and for cherishing and relieving the good . For saith Chrisostome , these things are not by Paul written of a Tyrant , but of a true and Lawfull Magistrat , who is the vice-gerent of the true God on earth , whom whosoever resisteth , doth certainly resist the ordinance of God. Now albeit we ought to pray for wicked Princes , we should not thence conclude , that their vices should not be punished : nor will it more follow that we should not punish the rapines of Robbers , for whom we are also commanded to Pray . And if we should obey a good Prince , it will not therefore follow that we should not resist a wicked Prince . But if you consider the reason which did move Paul to write these things look that the place or argument make not much against you . For he wrote this to chastise the rashness of some , who did deny the authority of Magistrats to be necessary for Christians· For since the power of Magistrats is ordained against wicked men , that we may all live righteously , and an example of divine Justice might remain amongst men , they affirmed that there was no use thereof amongst men , who abhorre so much the contagion of vices , as that they are a Law to themselves . Paul doth not therefore speak of those who bear rule as Magistrats , but of Magistracy it self , that is , of the function and office of those who rule : nor yet of one or other Kind of Magistracy , but of every forme of a Lawfull Magistracy . Nor doth he debate with those who think that wicked Magistrats should be restrained , but with those men who deny all authority of Magistrats , who absurdly interpreting Christian liberty , did affirme it to be an indignity for those that were made free by the Son of God , and ruled by the Spirit of God , to be under the power of any man. That Paul might refute their errour , he sheweth , that Magistracy is a thing not only good , but also sacred , namely an ordinance of God , and for that end institute , that the assemblies and incorporations of men might be so continued , that they might acknowledge Gods benefites towards them , and might forbear to wrong one another . God commanded them to be keepers of his Lawes who were constitute in dignity . Now if we confess Lawes to be good ( as indeed they are ) and the keepers thereof worthy of honour , we will be forced to confess that the office of the keepers is a good and profitable thing . But Magistracy is terrible , but to whom ? to the good , or bad ? to the good it is not a terrour : it being to them a defence from injury : but to wicked men it is a terrour : it is not so to you , who are ruled by the Spirit of God. But you will say to me , what need have I then to be subject to Magistracy , if I be the Lords freeman ? yea , that you may approve your self to be the Lords freeman , obey his Lawes : for the Spirit of the Lord , by whom you boast to be led and governed , is both the Law-giver , and approver of Magistrats , and also the author of obedience to Magistrats . We therefore in this will easily agree together , that there is need of Magistracy even in the best common-wealths , and that we should every way honour the same . But if any man think otherwise , we account him mad , infamous and worthy of all punishment . For he doth plainly contraveen the will of God revealed to us in the Scriptures . But as for Caligula , Nero , Domitian , and such like Tyrants , why they should not be punished as breakers of divine and humane Law , you have nothing here from Paul , who treats of the power of Magistrats , but not of the wicked Ministers of that power , nor will they be at all Magistrats , if you examine that Kind of Tyrants according to Pauls rule . But if any will debate that wicked Princes are also ordained by God , look that this his discourse be not captious . For ( as they say in proverb ) God may put a hard wedge to cleave a hard knot , so doth he set up a wicked man for punishing of wicked men : but no man in his right wits dare affirme , that God is therefore the Author of evill , or wickedness , even as no man is ignorant that he is the Author of punishing wicked men . A good Magistrat also for the most part chooseth a wicked man to be an hangman for punishing guilty persons . And albeit indeed that a Magistrat doth assume such an hangman for that office , yet no impunity is granted him or all his misdeeds . Nor will the Magistrat have him to be so above the Lawes , as that he cannot be questioned thereby . I will not stay longer upon this similitude , lest Court flatterers cry out that I speak basely of the supreame Magistrat . But however they exclaime , certainly this they cannot deny , that the hangmans function is a part of the publick office , and perhaps of the Royall office , or at least by the testimony of very Kings : who complain that their Majesty and person is wronged , as oft as any of their publick Ministers is wronged , or violence done to them . Now the punishment of wicked Malefactors , and what ever else of that kind , doth belong to the Kings office . What say you of Majors or Provosts in Towns ? what of Generals of Armies ? what of Baillies . What of Sherifs ? doth not Paul command us to be subject to them ? doth he hold them for private persons ? Now an account useth to be taken for mal-administration of all , not only of Inferiour Magistrats ; but also of such as are equal to Kings . I would therefore have them , who from Pauls words do dreame that so great a power is given to Kings , to shew me from him , that Kings only are here to be understood by the name of power , and therefore they only are to be exeemed from the punishment of Lawes : or if , when we say powers , other Magistrats be also understood by the same Author , who are ordained by God for the same use : I would have them also to shew me where all Magistrats are loosed from the Lawes , and pronounced free from the fear of punishment : or if this immunity be granted to Kings only , but denyed to others who are set in authority . M. But Paul will have all to be subject to the higher powers . B : He commandeth so indeed , but by this name of Power he must needs comprehend other Magistrats , unless perhaps we imagine that Paul doth think no power at all to be in those Commonwealths , which have not Kingly Government , but plainly an anarchy therein . M : I do not believe that , nor is it probable : and the rather I am of this opinion , because the current of all the most learned Interpreters on the place make for you : who think that Pauls dispute there was against those that affirmed that no Lawes and Magistrats did at all belong to them . B : What say you to that which I lately spoke . Do you think , that those Tyrants before mentioned of all men the most cruell , are meant by the Apostle ? M : Yes , but what produce you against me to hinder me from the belief thereof ? especially seeing Jeremy doth earnestly advise the Jewes , and that by command of God , to obey the King of Assyria , and by no means to reject his authority , and thence they inferre by the like reason , that obedience should be given to other Tyrants also how cruell soever . B : That I may answer first to what you last spoke , you must take notice , that the Prophet doth not command the Jewes to obey all Tyrants , but the King of Assyria alone : Now if you would conclude the forme of a Law from that which is commanded to be done to one single person , first you are not ignorant ( for Logick hath taught you that ) what a great absurdity you will make , next you will be in danger to be assaulted by the opposers of Tyranny with the like weapons : for you must either shew what singular thing there is in that matter , or propose it to be imitat by all every where , or if you cannot do this , you must acknowledge , that whatever is enjoyned concerning any one person by any speciall command of God , it doth alike belong to all . If you shall once admit this ( which you must needs do ) it will be instantly objected , that Ahab was killed by Gods command , and a reward was also promised and performed to him that should kill him . When ever therefore you betake your self to that refuge , you must obey all Tyrants : because God by his Prophet did command his people to obey one Tyrant . It will be instantly replyed , that all Tyrants ought also to be killed , because Ahab at the command of God was killed by the Captain of his host . Therefore I advise you to provide a more firme defence from Scripture for Tyrants , or then laying the same aside at present you may have your recourse to the Philosophers schoole . M : I shall indeed think upon it . But in the mean time let us returne from whence we have disgressed . What do you bring from Scripture , why Tyrants may be Lawfully killed . B : First of all I profer this , that seeing it is expresly commanded to cut off wickedness and wicked men , without any exception of rank or degree , and yet in no place of sacred scripture are Tyrants more spared than private persons . Next , that the definition of powers delivered by Paul doth not wholly belong to Tyrants , because they accommodat not the strength of their authority for the benefit of the people , but for fulfilling their own lusts . Further we should diligently consider how much Power Paul doth grant to Bishops , whose function he doth highly and truely praise , as being some way like unto Kings , as far as the nature of both their functions can admit . For Bishops are Physicians of internall diseases , as Kings are Physicians of externall distempers , and yet he would neither of them to be free from , or not liable to the jurisdiction of the other . And even as Bishops are subject to Kings in the exercise of their Civil Government , so ought Kings tobey the spirituall admonitions of Bishops . Now albeit the amplitude and dignity of Bishops be so great , yet no law divine or humane doth exeeme them from the punishment of crimes . And to pass by others . The very Pope , who is accounted the Bishop of Bishops , who so exalts himself above all Kings , that he would be accounted a certain God amongst men , yet is he not exempted from the punishment of Lawes , no not by his own Canonists , a kind of men very devoted to him . For seeing they would think it absurd that God ( for they do not hesitat to call him thus ) should be obnoxious to mens censure , and think it unjust that the greatest crimes and most filthy abominations should pass unpunished in any , and yet they have found out a way whereby crimes may be punished , and the Pope accounted sacred & inviolable . For the priviledge of the Pope is one thing , and of that man who is Pope is another , say they , and whilst they exeeme the Pope ( whom they deny can erre ) from the cognition of the Lawes , yet do they confess him to be a man obnoxious to vices and punishment of vices : nor have they more subtilly than severely declared their judgment herein . It would be tedious to rehearse , what Popes ( to speak after their usuall way ) what men personating Popes , who not only alive were forced to renounce their popedome , but being dead were pulled out of their graves , and thrown into Tiber. But to omit old histories . The recent memory of pope Paul the fourth is fresh in our mind , for his own Rome did witness a publick hatred against him by a new kind of decree . For they vented their fury ( he being by death taken away ) against his nearest kinsfolk , his statues and painted images or pictures . Nor should this interpretation seeme more subtil , whereby we separat the power from the person in power , than Philosophy doth acknowledge , and the Ancient Interpreters do opprove , nor is the rude multitude and strangers to subtile disputing ignorant thereof ; for the meanest tradsmen take it for no blot upon their trade , if a Smith or Baker be hanged for robbery , but are rather glad that their society is purged of such villains . But if there be any of another mind , I think it is to be feared , that he seemes to be rather grived at those mens punishment with whom he is associat in their villany ▪ than for the infamy of their society . I am of the opinion , if Kings would abandon the counsells of wicked men and flatterers and measure their own greatness rather by duties of vertue , than by the impunity of evill deeds , they would not be grieved for the punishment of Tyrants , nor think that Royall Majesty is lessened by whatsomever destruction of Tyrants , but rather be glad that it is purged from a most filthy blot of wickedness : especially seeing they use to be highly offended with robbers , and that very justly , if any of them in their malefices pretend the Kings name . M : Forsooth , they have just cause , But laying these things aside a I would have you go on to the other head you proposed . B : What heads do you mean ? M : Namely in what time , and to whom Paul wrote those things , for I desire to know what the knowledge thereof doth make for the argument in hand . B : I shall herein obey you also . And first I shall speak of the time , Paul wrote these things in the very infancy of the Church , in which time it was not only necessary to be blameless , but none was to give occasion to such as sought occasion of reproaching , and unjust causes of staining the Professors of Christianity : Next he wrote to men of severall nations , and so gathered together into one society out of the whole body of the Roman Empire , amongst whom there were but few very rich , yea almost none , who either had ruled , or could rule , or were in any great account amongst their fellow Citizens , they were not so many in number , and these almost but strangers , and for the most part but lately freed of bondage , and others but tradsmen and servants . Amongst them there were many who did further pretend Christian Liberty , than the simplicity of the Gospell could suffer . Now this Company of people out of the promiscuous multitude , which did won their living , though meanly , by hard labour , was not to be so carefull of the state of the Common wealth , of the majesty of the Empire , and of the conversation and duty of Kings , as of the publick tranquility , and their domestick affairs , nor could they justly claime any more , than to ly lurking under the shadow of what ever Government they were under . If that people had attempted to lay hold upon any part of Government they should have been accounted not only foolish , but , mad . Nor should they come out of their lurking holes to breed trouble to those that did hold the helme of publick affaires in hand . Immature licentiousnes was also to be repressed , an unfit interpreter of Christian liberty . What then doth Paul write ? doubtless , new precept no but only these usuall precepts , namely , that Subjects should obey their Rulers , servants their Masters , and wives their hus bands , nor should we think the Lords yoke , how light soever doth liberat us of the bonds of our duty , but vvith a more attentive mind than before to be bound thereunto , so that we should omit nothing through all the degrees of duties in our relations , that might any wayes make for acquiring the favour and goodwill of men . And so it should come to pass , that the name of God should be well spoken of amongst the Gentiles because of us , and the glory of the Gospell more largely propagate . For Performing of these things , there was need of publick peace , the keepers whereof were Princes and Magistrats , albeit wicked . May it please you , that I set before you a manifest representation hereof ? Imagigine that one of our Doctors doth write to the Christians , that live under the Turks , to men , I say , of mean fortune , fore dejected in mind , weak and few in number , and exposed to the injuries of all and every one . What else , I ask you , would he advise them , than what Paul did advise the Church that then was at Rome , or what Jeremy advised the exiles in Assyria ? Now this is a most sure argument that Paul had a regard to those mens condition to whom he did write , and not to all others , because he diligently sets home the mutuall duties of husbands towards thier wives , of wives towards thier hus bands , of Parents towards thier children , and of children towards their parents , of servants towards thier Masters , and of Masters towards thier servants . And albeit he writes what the duty of a Magistrat is , yet he doth not give them any particular compellation , ( as he had done in the preceeding relations . ) For which cause we shall judge that he gave no other precepts for Kings and others in Authority : especially seeing thier lust was to be much more restrained , that of private persons ? What other cause may we imagine , than that at that time there were no Kings or Magistrats in the Church to whom he might write ? Imagine that Paul doth now live in our dayes , wherein not only the people , but Princes also Profess Christianity . At the same time , let there be some Prince , who doth conceive that not only should humane Lawes , but also divine Lawes be subject to his lust and pleasure , and who will have not only his decrees , but also his very nods to be accounted for Lawes , like that man in the Gospel , who neither did feare God , nor reverence man , who distributes the Church revenues amongst villains and rascals , if I may so say ; and doth mock the sincere worshipers of God , and accounts them but fools and mad men , or fanaticks : what would Paul write of such to the Church ? If he were like himself , he would certainly deny that he should be accounted a Magistrat . He would interdict all Christians to have any communion with him , either in dyet , speech , or converse , and Leave him to the people to be punished by the Lawes , and would think they did nothing but their duty , if they should account him not to be their King , with whom they were to have no fellowship by the Law of God. But there will not be wanting some Court slaves , or Sycophants , who finding no honest refuge , become so impudent , as to say , that God being angry against a people doth set Tyrants over them : whom as hangmen he appoints for punishing them . Which to be true I do confess ; yet it is true , that God many times doth stirre up from amongst the lowest of the people some very mean , and obscure men to revenge tyrannicall pride and weakness : For God , ( as before is said ) doth command wicked men to be cut-off : and doth except neither degree , sexe , or condition , nor yet any man. For Kings are not more acceptable to him than beggars . Therefore , we may truely averre , that God being alike the ●●her of all , to whose providence nothing lyes 〈◊〉 , and whose power nothing can resist , will 〈◊〉 leave any wickedness unpunished . More●●er , another will stand up and ask some ●●ample out of Scripture of a King punished 〈◊〉 his Subjects : which albeit I could not pro●●ce , yet it will not presently follow , that ●ecause we do not read such a thing therein to ●●ve been done , that it should be accounted 〈◊〉 an high crime and malefice . I may rehearse ●mongst many Nations very many and sound ●awes , whereof in holy write there is no ●xample . For as the consent of all Nations ●oth approve , that what the Law doth com●and , is accounted just , and what it forbid●eth , is unjust , so since the memory of man 〈◊〉 was never forbidden , that what should not ●e contained in Lawes , should not at all be ●one . For that servitude was never received , ●or will the nature of things so fruitfull of new examples suffer the same to be received , that whatever is not by some Law commanded , or recorded by some famous example , should be accounted for a great crime and malefice . If therefore any man shall ask of me an example out of the sacred Scriptures , wherein the punishment of wicked Kings is approven , I shall again ask him , where is the same reprehended ? But if nothing done without some example doth please : how many Civil statutes shall we have continued with us ? how many Lawes ? for the greatest Part thereof is not taken out of any old example , but established against new deceits and that witho●● example . But we have already answered th●●se that require examples more than was nee●●full : Now if the Jewish Kings were not p●●nished by their Subjects , they make not muc● for our purpose in hand . For they were not first created by the people , but were by Go● given them . And therefore very justly , 〈◊〉 who was the Author of that honour , was 〈◊〉 punish their misdeeds . But we debate , th●● the people , from whom our Kings enjoy wh●●●ever priviledge they claime , is more pow●●●full than their Kings : and that the who●● people have that same priviledge over them which they have over every one in particula● of the whole people . All the rights and priv●●ledges of forrain nations , who live unde● Lawfull Kings do make for us : all the Nation● which are Subject to Kings chosen by themselves , do commonly agree herein , that whatever priviledge the people hath given to any the same they may require again very justly ▪ All commonwealths have still retained th●● priviledge . Therefore Lentulus , having con●spired with Catiline for overturning the commonwealth of Rome , was compelled to renounce his Praetorship , and the Decemviri , the makers of the Roman Lawes , were taken order with , even whilst they enjoyed th● supream authority : Some Dukes of Venice , and Chilpericus King of france , laying aside their Royall honours , as private men spen● their dayes in Monasteries . And not long ago ▪ Christiernus King of the Danes , twenty years almost after he was deprived of his Kingdome did end his life in prison . Now the Dictatorship ( which was a Kind of Tyranny ) was in the peoples power . And this priviledge hath been constantly observed , that publick benefices granted amiss , and the liberty granted to ingrate persons set at liberty ( whom Lawes do very much favour ) might be taken back again . These things we have spoken of forrain Nations , lest we alone seeme to have usurped any new priviledge against our Kings . But as to what doth properly belong to us , the matter might have been handled in few words . M : What way ? For this I am very desirous to heare . B : I might enumerat twelve or more Kings , who for great crimes and flagitious deeds have been either adjudged to perpetuall imprisonment , or escaped the just punishment of their wickedness either by exile or voluntary death . But lest any blame me for relating old and obsolete stories , if I should make mention of Culen , Even , and Ferchard , I shall produce some few within the memory of our forefathers . All the Estates in a publick convention judged James the third to have been justly killed , for his great cruelty and flagitious wickedness towards his Subjects , and did caution that none of them who had aided , consented , or contributed money , or had been active therein to be called thereafter into question therefore . That they therefore did judge the deed to be duely and orderly done , it being once down , doubtless they desired it might be set down for an example in tim● coming , surely no less , than L : Quintiu● sitting in judgment did Commend Serviliu● Ahalus for having killed before the bench Sp● Mellus turning his back and refusing to com●pear into judgment , and that he was not guilty of blood shed , but thought him to be nobi●litat by the slaughter of a Tyrant , and al● posterity did affirme the same . What Subjec● hath ever approved the slaughter of one affec●ting Tyranny ? what do you suppose would he have done with a Tyrant robbing the good of his Subjects and shedding their blood What hath our men done ? do not they seem● to have made a Law , who by a publick decre● without any punishment have past by a flagiti●ous crime committed , if such like shall happe● in time coming ? for at most there is no diffe●rence whether you judge concerning tha● which is done , or make a Law concerning what is to be done . For both wayes a judg●ment is past concerning the Kind of the crime and concerning the punishment or reward o● the actor . M. These things will perhaps hav● some weight amongst us . But I know not how other Nations abroad will take them . You se● I must satisfy them . Not as in a judiciall way I were to be called in question for the crime ▪ but openly amongst all concerning the fame not mine ( for I am far from any suspition thereof ) but of my countrey men . For I am afraid , lest forrain Nations will rather blam● the decrees , wherewith you suppose you are sufficiently protected , than the crime it self full of cruelty and hatred , But you know , if I mistake not , what is usually spoken according to the disposition and opinion of every one on both hands , concerning the examples you have proposed . I would therefore ( because you seeme to have expeded what is past , not so much from the decrees of men , as from the springs of Nature ) you would briefly expound if you have ought to ●ay for the equity of that Law. B. Albeit that may seeme unjust to stand at the bar to plead amongst forrainers for a Law approved from the very first times of our Scots Government by Kings , by the constant practice of so many ages ago , necessary for the people , not unjust for Kings , but Lawfull , but now at last accused of illegality ; yet for your sake I shall try it . And as if I were debating with those very men who would trouble you , I first ask this . What do you think here worthy of reprehension ? Is it the cause ? why is it sought for ? or is it the Law it self which you reprehended ? for the Law was sought for repressing the unjust lusts of Kings . Whoever doth condemne this , must likewise condemne all the Lawes of all Nations , for all Lawes were desired for the very same cause . Do you reprehend the Law it self ? do you think it Lawfull that Kings be exempted of , or not lyable to the Lawes ? let us then see if that be also expedient . And for proving that it is not expedient for the people , there needs not many words . For it in the former discourse we have rightly compared a King to a Physician , as it is not expedient for people that impunity be permitted to a Physician for killing whom he pleaseth , so it is not for the good of all , that a promiscuous licence be granted to Kings for making havock of all . We have no cause then to be offended with a people , whose chief power it is in making Lawes , if as they desire a good King to be set over them , even so a Law to be set over a King none of the best . But if this Law be not for the Kings use , or profit , let us see if the people should be dealt with to remit somewhat of their priviledge , and of abrogating it not for the space of three dayes , but according to our usuall way we indict a Parliament to meet within fourty dayes . In the mean time , that we may reason together concerning the Law , tell me , doth he seeme to respect the good of a mad man , who looseth his bonds ? M. Not at all . B. What do you think of him who giveth to a man sick of a feaver , so as he is not far from madness , a drink of cold water though earnestly craving it , do you think he deserveth well of that sick man ? M. But I speak of Kings of a sound mind . I deny that there is any need of medicine for such as are in health , nor of Lawes for Kings of a sound mind . But you would have all Kings to seeme wicked , for you impose Lawes upon all . B. I do not think that all Kings are wicked . Nor do I think all the people to be wicked , and yet the Law in one voice doth speak to the whole people . Now wicked men are afraid at that voice , good people do not think it belongs to them . Thus good Kings have no cause to be offended at this Law , and wicked Kings , if they were wise , would render thanks to the Law giver , who hath ordained what he understood would not be pro●●table for them , nor to be Lawfull for them to do . Which indeed they will not do , if so be they shall once returne again to their right mind . Even as they who are restored to health do render thanks to their Physician , whom before they had hated , because he would not grant their desires whilst they were sick . But if Kings continue in their madness , who ever doth most obey them , is to be judged their greatest enemy . Of this sort are flatterers , who by flattering their vices do cherish and increase their disease , and at last together almost with Kings are utterly ruined . M. I cannot indeed deny , but that such Princes have been & may be restrained by Law-bonds . For there is no monster more violent and more pestiferous than man , when ( as it is in the Poets fables ) he is once degenerat into a beast . B. You would much more say so , if you consider how many wayes a man becomes a beast , and of how many severall monsters he is made . Which thing the old Poets did acuely observe and notably express , when they say that Prometheus in the framing of man did give him some particle out of every living creature . It would be an infinite work for me to relate the natures of all one by one . But certainly two most vile monsters do evidently appear in man , wrath and lust . But what else do Lawes act or desire , but that these monsters be obedient to right reason ? and whilst they do not obey reason , may not Lawes by the bonds of their sanctions restrain them ? who ever the● doth loose a King or any other from these bonds doth not loose one man , but throwes in against reason two monsters exceeding cruell and armeth them for breaking asunder the barrs of Lawes : so that Aristotle seemeth to have rightly and truely said , that he who obeyeth the Law , doth obey both God and the Law : but he that obeyeth the King , doth obey both a man and a beast . M. Albeit the●se things seeme to be said appositely enough yet I think we are in a mistake two wayes ▪ First , because the last things we have spoken seem not to agree well enough with the first ▪ Next , because , as we may well know w● seem not to have yet come to the main poin● of our debate . For a litle before we were a● agreement that the voice of the King and Law ought to be the same , here again we make him Subject to the Lawes . Now though we grant this to be very true , what have we gaine● by this conclusion ? for who shall call to a● account a King become a Tyrant ? for I fear priviledge without strength will not be po●werfull enough to restrain a King forgetfu●● of his duty , and unwilling to be drawn unt● judgment , to answer for maladministration . B. I fear ye have not well pondered what we have before debated concerning the royall power . For if ye had well considered it , you had easily understood what you now have said , that betwixt them there is no contradiction . But that you may the more easily take it up , first answer we , when a Magistrat or clerk doth utter the words of a proclamation before an Herauld . Is not the voice of both one and the same ? I say of an herauld and of a clerk ? M. It is the same indeed . B. Which of the two seeme greatest ? M. He who first doth utter the words . B. What is the King who is the Author of the Edict . M. Greater than both . B. Then according to this similitude let us set down the King , the Law , and the people . The voice is the same both of King and Law. Which of the two hath the authority from the other ? The King from the Law , or the Law from the King ? M. The King from the Law. B. From whence collect you that ? M. Because the King was not sought for to restrain the Law , but the Law to restrain the King. And from the Law he hath that , whereby he is a King , for without the Law he would be a Tyrant . B. The Law then is more powerfull than the King : and is as a Governess , and moderatrix both of his lust and actions . M. That is already granted . B. What ? Is not the voice of the people and the Law the same ? M. The very same . B. Which of the two is most powerfull , the people or the Law ? M. I think , the whole people . B. Why do you think so ? M. Because the people is as it were the parent of the Law , certainly the Author thereof , they being able to make or abrogat it , as they please . B. Seeing then the Law is more powerfull than the King , and the people more powerfull than the Law , we must see before which we may call the King to answer in judgment . Let us also discuss this . Are not the things which for some others sake are institute , of less account than those for whose sake they are required or sought ? M. I would have that more clearly explained . B. Follow me thus ; is not a bridle made for the horse sake ? M. It is so . B. Are not sadless , girdings and spurrs made for horses ? M. They are . B. Now if there were no horse , there should be no use of such things . M. None at all . B. A horse is then better than all these . M. Why not ? B. Why ? a horse , for what use is he desired ? M. For very many uses , and first of all for obtaining victory in war. B. We therefore do esteeme the victory to be of more worth than horses , armes and other things , which are prepared for the use of war. M. Of more worth indeed it is . B. What did men especially regard in creating a King ? M. The peoples good , as I suppose . B. But would there be no need of Kings , if there were no socities of men ? M. None at all . B. The people then is better than the King. M. It must needs be so . B. If the people to better , they are also greater . When a King then is called to judgment before a people , the lesser is called in to judgment before the greater . M. But when shall we hope for that happiness , that the whole people agree unto that which is right . B. That indeed is scarce to be hoped for . And to expect it , is certainly needless : otherwise a Law could neither be made , nor a Magistrat created . For neither is almost any Law alike to all , nor is there almost any man in that popular favour , so as to have no man either an enemy to him , or envious or slanderer of him ; this now is desired , that the Law be usefull for the greatest part , and that the greatest part have a good opinion of him that is to be chosen . What if the greatest part of the people may enjoyne a Law to be made , and creat a Magistrat , what doth hinder , but that they also may judge him , and appoint judges over him ? Or if the Tribunes of the people of Rome , and the Lacedemonian Ephori were sought to modify the power of Magistracy , should it seeme unjust to any man , if a free people , either upon the like or different account , did foresee their own good in suppressing the bitterness of Tyranny ? M. Now I seeme almost to preceive what a people can do : but it is a matter of difficulty to judge what they will do , or appoint to be done . For the greatest part almost doth require old and usuall customes , and hateth novelty , which the rather is to be admired , seeing there is so great an inconstancy in meat , apparell , buildings , and in all houshold furniture . B. Do not think that these things are spoken by me , that I would have any new thing in this Kind to be done , but that I might shew you it hath been of old , that a King should answer in judgment before Judges , which you did believe to be almost incredible , or at least a novelty . For to pass over , how often it hath been done by our Ancestors , as partly before we have said , and you may also easily collect from history ; did you never hear of those who contended for the Kingdome to have appealed to Arbiters ? M. I have indeed heard it to have been sometimes done amongst the Persians . B. And our writers affirme that the same was done by Grimas and Milcolumbus . But lest you alleadge that that Kind of Arbiters were wount to be assumed by the Contenders own consent , let us come to the ordinary Judges . M. Here I am afraid you may as far prevail , as if a man should spread nets in the sea to catch whales . B. Why so , I pray you ? M. Because all apprehending , restraint , and punishment is carryed on by the more powerfull against the weaker . But before what judges will you command a King to compear ? Before them over whom he hath the supream power to judge ? whom he can compesce by this one word , I Forbid ; B. What if some greater power be found which hath that right priviledge or jurisdiction over Kings , which Kings have over others ? M. I desire to hear that . B. We told you , if you remember , that this power is in the people . M. In the whole people indeed , or in the greatest part thereof . I also yeeld thus further , that it is in those to whom the people , or the greatest part of them shall transmit that power . B. You do well , in holding in my pains . M. But you know that the greatest part of the people is corrupted either through fear , or reward , or through some hope of a bribe and impunity , so as they preferre their own benefit and pleasures or lusts to the publick utility , and also safety . Now there are very few who are not hereby moved : according to that of the Poet. Good people are indeed rare , scarce so many in number , as there be gates in Thebes , or issues of the River Nilus . Now all the rest being a naughty rable fatned with blood and rapine enjoy their venal liberty , and envy the liberty of others . Now that I may pass from those with whom the name of wicked Kings also is sacred . I also omit those , who , albeit they are not ignorant what is Lawfull and just or right , yet preferre a quiet slougfulness to honest hazards , and hesitating in their minds do frame their consultations on the expectation of the event : or follow the good fortune of either party ▪ but not the cause . How great this multitude will be , you see . B. Great indeed : but yet not very great . For the wrong of Tyrants may reach many , but their good deeds very few . For the advarice of the vulgar is insatiable , as a fire is the more vehemently kindled by adding few all thereto ! But what is by force taken away from many , doth rather increase the hunger of some few , than satiat their lust . And further the fidelity of such men for the most part is unstable . As saith the Poet. Fidelity doth stand and fall with fortune . But if they would also continue firme in their judgment , they should not be accounted in the number of good subjects , for they are the violators , or rather betrayers of humane society : which vice if not sufferable in a King , is far less tolerable in a private person . Who then are to be accounted the right subjects ? they who give obedience to the Lawes , maintain and defend humane society , who rather undergo all paines and Labours , and all hazards for common safety , than spend their time sluggishly in idleness void of all honesty ? who set before their eyes not their present enjoyments , but the remembrance of eternity . But if there be any whom fear and self interest recall from hazards , yet the splendor of some notable atchievment , and the beauty of vertue will raise up dejected minds : and those who dare not be Authors or Leaders , will not decline to become associats . If therefore subjects be reckoned , not by number , but by dignity and worth , not only the better part , but also the greater part will stand for their liberty , honesty and safety . But if the whole common people dissent , this sayes nothing to our present debate : for we demand not what is to be done , but what may Lawfully be done . But now let us come to the ordinary judiciall sentences : M : That I just now look for . B : If any private man contend that his inheritance , or some part of his land is unjustly detained by the King , what do you think should this privat man do ? shall he pass from his land , because he cannot set a judge over the King ? M : Not at all , but he may command not the King , but his proxy to compear in judgment . B : Now see what strength that refuge hath whereof you make use . For it is all one to me , whether the King compear , or his proxy , or Advocat , for both wayes , the litis-contestation will redound to the Kings loss : the dammage or gain will redound to him not to his Advocat by the event of the sentence . In end he is found guilty , that is , he whose cause is agitat . Now I would have you consider not only how absurd it is , but also unjust to pass sentence against a King for a perty inheritance for lights in a house , or for ease droppings thereof , and no sentence to be past for parricide , witchcraft , or treason . To make use of the severity of the Law in lesser matters , and the greatest licence and impunity to be permitted in the greatest crimes . So that that old proverb seemes plainly true , Lawes are very like spiders webs , which hold flies fast , but let bigger beasts pass through , Nor is that complaint and indignation of some just , who say that it is neither honest nor equitable , that judgment should pass against a King by a man of an inferrour rank , seeing they see it received and admitted in debate about money or land ; and the greatest peers next to the King for the most part compear before the Judges , who are inferiour to them in riches , nobility , and valour . And not much above the vulgar rank : and far more below the guilty , than the greatest Peers are below Kings . Nor yet for all this do these Noble men , or Peers think it any derogation to their dignity . Now if we shall once admit this , that no man can be sisted before a judge , unless the judge be every way superior to the person arraigned , the inferiour rank must attend and wait on untill the King either please , or be at leisure , to cognosce concerning the guilty noble man , but what if their complaint be not only unjust , but also false ? For no man coming before a judge doth come before an Inferiour person , especially seeing so great an honour is by God himself conferred upon the order of Judges , that he calleth them not only Kings but also Gods , and as much as can be , doth communicat to them his own dignity . Therefore those Roman Popes , who did graciously indulge Kings to kiss their feet , who did send for honours sake to such as came to meet them , their mules , who did tread upon the neeks of Emperours , being called to answer in judgment , did obey , and being compelled by judges renounced their Popedome . John the twenty second being from flight brought back , was thrust into prison , and scarce at last relieved by money , and submitted to him that was put into his place , and therefore he did approve the sentence of the Judges . What did the Synode of Basile ▪ did it not appoint and ordain by the common consent of all the members thereof , that the Pope is subject to the Councill of Priests . Now these fathers were perswaded upon what account they did so , which you may find out of the Acts of these Councills . Kings then who confess the Majesty of Popes to be so far above them , as that it doth overshadow them all with the top of its celsitude , I know not how they think therein their dignity to be diminished , wherein the Pope did not think he was disparaged to descend from so high athrone , namely to stand to the judgment and sentence of the Cardinals : hereby you may see how falce their complaint is , who disdain to be arraigned at the bar of an Inferiour judge , for it is not Titius , Sempronius , or Stichus that doth in a judiciary way condemne and assoile , but the Law , to which Kings should yeeld obedience . The most famous Emperours Theodosius and Valentinianus accounted honourable . I shall here set down their own words , because they deserve the memory of all ages . It is ( say they ) a word well beseeming the Majesty of a King to confess he is a Prince tyed to the Lawes . And we declare that it is more to submit a principality to the Lawes than to enjoy an Empire . And what we now declare by this our edict , we will not suffer to be infringed . These things the very best Princes judged right and by Law established , and some of the worst see the same . For Nero being apparelled in the dress of Harpers , is said to have not only observed their carriage and motions , but also when it came to be judged who had done best , that he stood solicitous betwixt hope and fear for the victory . For albeit he knew he would be declared victor , yet he thought the victory would be the more honest , if he should obtain it , not by the flattery of the judges , but by due debate : and he thought the observation of the Law did contribute not for the diminution of his authority , but for the splendor of the victory . M : Your discourse , I perceive , is not so insolent , as at first I took it , when you said , you would have Kings obedient to the Lawes : for it is not so much founded upon the authority of Philosophers , as of Kings , Emperours and Councils of the Church . M : But I do not well understand that you say , it is not man but the Law that judgeth . B : Call to mind what was said a little before : did we not say , that the voice of the King and of the Law is the same ? M : We did so . B : What the voice of the Clerk , and Herauld is , when the Law is published ? M : The very same . B : But which of the two hath the authority from the other , whether the judge from the Law , or the Law from the judge ? M : The judge from the Law. B : The strength of the sentence is then from the Law , and the pronunciation of the words of the Law is alone the judges . M : It seemes so . B : Yea , there is nothing more certain , for the the sentences of judges pronounced according to the Law are ratified , else they are reseinded . M : There is nothing more true than that . B : You see then that the judges authority is from the Law , and not the Lawes authority from the judge . M : I see it is so . B : The Low and mean condition of him that proclaimeth the Law doth not diminish the dignity thereof , but the dignity of the Lawes is still the same , whether the King , a Judge , or an Herauld proclame it . M : It is so indeed . B. The Law then being once established , is first the voice of the King and then of others . M : It is so . B : Whilst then the King is condemned by a Judge , he seemes to be condemned by the Law. M : That is very clear . B : If by the Law , then he is condemned by his own voice , as seemes , no less than if it were written with his own hand . B : Why then do we so much weary our selves concerning a judge , seeing we have the Kings own confession , that is to say , the Law ? Let us also consider this , which is but presently come into my minde . When a King in what cause soever doth sit in judgment as a judge , should he not lay aside the person of all others , and to have no respect to brother , Kinsman , friend or foe , but retain only the person of a judge ? M : He ought so to do . B : Ought he not to remember that person only , whose proper act it is he is about . M : I would have you tell me that more clearly . B : Take heed then : when any man doth secretly take away another mans goods , what do we say he hath done ? M : I think , he hath stollen them . B : How do you call him for this deed ? M : A Thief . B : How do you say he hath done , who makes use of his neighbours wise , as him own ? M : We say he hath committed adultery . B : How shall we call him ? M : An Adulterer . B. How do we call him that judgeth ? M : A Judge . B. To others also after this manner from the actions they are about , names may berightly give . M. They may . B : When a King then is to pass a sentence , he is to lay aside all other persons . M : Indeed he should , especially those that may prejudge either of the parties in judging . B : How do you call him against whom the sentence is past , from that act of judgment ? M : We may call him , guilty . B : And is it not equitable that a judge lay aside such persons as may prejudge the sentence ? M : certainly he should , if so be , such persons be more regarded than the cause : yet such persons pertain not to a judge . Seeing God will have no respect to be had to the poor in judgment . B : If then any man , who is a painter or a Grammarian debate before a judge concerning the art of painting against a painter , he is not a Grammarian , for the science of grammer should not herein availe him . M : Nothing at all . B : Nor the art of painting availe the other , if the debate be concerning Grammer . M : Not a white more . B : A judge then in judgment must acknowledge but one name , to wit , of the Crime , or guilt , whereof the Adversary or plaintife doth accuse his party or defendant to be guilty . M : No more . B : What if a King be guilty of parricide , hath he the name of a King , and what ever doth belong to a judge ? M : Nothing at all , but only of a parricide , for he commeth not into controversy concerning his Kingdome , but concerning his parricide . B : What if two parricides be called to answer in judgment , the one a King , and the other a poor fellow , shall not there be a like way of procedure by the judge of both ? M : The very same with both , so that I think that of Lucan is no less true than elegantly spoken . Viz Cesar was both my leader and fellow in passing over the Rhine . Whom a malefice doth make guilty , it maketh alike . B : True indeed . The process then is not here carried on against a King and a poor man , but against their parricides : For then the process should be led on concerning the King , if it should be asked which of the two ought to be King : Or if it come into question , whether Hiero be King or a Tyrant , or if any other thing come into question which doth properly belong to the Kings function . Even as if the sentence be concerning a painter , when it is demanded , hath he skill in the art of painting . M : What if a King will not willingly compear , nor by force can be compelled to compear . B : Then the case is common with him as with all other flagitious persons . For no Thief or warlock will willingly compear before a judge to be judged . But I suppose , you know , what the Law doth permit , namely to kill any way a thief stealing by neight , and also to kill him if he defend himself when stealing by day . But if he cannot be drawn to compear to answer but by force , you remember what is usually done For we pursue by force and armes such robbers as are more powerfull than that by Law they can be reached . Nor is there almost any other cause of all the warres betwixt Nations people and Kings than those injuries which , whilst they cannot be determined by justice , are by armes decided . M : Against enemes indeed for these causes warres use to be carried on , but the case is far otherwise with Kings , to whom by a most sacred oath interposed we are bound to give obedience . B : We are indeed bound : but they do first promise that they shall rule in equity and justice . M : It is so . B : There is then a mutuall paction betwixt the King and his subjects . M : It seemes so . B : Doth not he who first recedes from what is covenanted , and doth contrary to what he hath covenanted to do , break the contract and covenant ? M : He doth . B : The bond then being loosed , which did hold fast the King with the people , what ever priviledge or right did belong to him , by that agreement and covenant who looseth the same , I suppose is lost . M : It is lost . B : He then with whom the Covenant was made becometh as free as ever he was before the stipulation . M : He doth clearly enjoy the same priviledge , & the same liberty . B : Now if a King do those things which are directly for the dissolution of society , for the continuance where of he was created , how do we call him ? M : A Tyrant , I suppose . B : Now a Tyrant hath not only no just authority over a people , but is also thier enemy . M : He is indeed an enemy . B : Is there not a just and Lawfull war wich an enemy for grievous and intolerable injuries ? M : It is for sooth a just war. B : What war is that which is carried on with him who is the enemy of all mankind , that is , a Tyrant ? M : A most just war. B : Now a Lawfull war being once undertaken wich an enemy , and for a just cause , it is Lawfull not only for the whole people to kill that enemy , but for every one of them . M : I confess that . B : May not every one out of the whole maltitude of mankind assault with all the calamities of war , a Tyrant who is a publick enemy , with whom all good men have a perpetuall warfare . M : I perceive all Nations almost to have been of that opinion For Thebe is usually commended for killing her husband , Timoleon for killing his brother , and Cassius for killing his Son : and Ful vius for killing his own son going to Catiline , and Brutus for killing his own sons and kinsmen , having understood they had conspired to introduce Tyranny again : and publick rewards were appointed to be given , and honours appointed by severall Cities of greece to those that should kill Tyrants . So that ( as is before said ) they thought there was no bond of humanity to be kept with Tyrants . But why do I collect the assent of some single persons , since I can produce the testimony almost of the whole world ? For who ▪ doth not sharply rebuke Domitius Corbulo , for neglecting the safety of mankind , who did not thrust Nero out of his Empire , when he might very easily have done it ? And not only was he by the Romans reprehended , but by Tyridates the Persian King , being not at all afraid , lest it should afterward befall an example unto himself . But the minds of most wicked men enraged wich cruelty are not so void of this publick hatred against Tyrants , but that sometimes it breaketh out in them against their will , and forceth them to stand amazed with terrour at the sight of such a just and Lawfull deed . When the Ministers of Casus Caligula a most cruel Tyrant were with the like cruelty tumultuating , for the slaughter of thier Lord and Master , and required those that had killed him to be punished , now and then crying aloud , who had killed the Emper , our : Valerius Asiaticus one of the Senators standing in an eminent high place from whence he might be heard , cryed out aloud : I wish I had killed him . At which word these tumultuary persons void of all humanity stood as it were astonished , and so fore bore any more to cry out tumultuously . For there is so great force in an honest deed , that the very lightest shew there of , being presented to the minds of men , the most violent assaults are allayed , and fierce fury doth languish , and madness nill it will it doth acknowledge the soveraignty of reason . Neither are they of another judgment , who with their loud cryes mixe heaven and earth together . Now this we do easily understand either from hence , that they do reprehend what now is done , but do commend and approve the same seemingly more atrocious , when they are recorded in an old history : and thereby do evidently demonstrat ( that they are more obsequious to their own particular affections , than moved by any publick dammage . But why do we seek a more certain witness what Tyrants do deserve , than their own Conscience ? thence is that perpetuall fear from all , and chiefly from good men : and they do constantly see hanging above their own necks the sword which they hold still drawn against others , and by their own hatred against others they measure other mens minds against them . But contrariwise good men , by fearing no man do often procure their own hazard , whilst they weigh the good will of others towards them , not from the vicious nature of men , but from their own desert towards others . B : You do then judge that to be true , that Tyrants are to be reckoned in the number of the most cruell brute beasts ; and that Tyrannicall violence is more unnatuall than poverty , sickness , death , and other miseries which may befall men naturally . M : Indeed when I do ponder the weight of your reasons , I cannot deny , but these things are true . But whilst hazards and in conveniences do occurre , which follow on the back of this opinion , my mind as it were tyed up with a bridle , doth instantly I know not how , faile me , and bendeth from that too stoicall and severe right way towards utility , & almost falleth away . For if it shall be lawfull for any man to kill a Tyrant , see how great a gape you do open for wicked men to commit any mischief , and how great hazard you creat to good men : to wicked men you permit licentiousness , and le ts out upon all the perturbation of all things . For he that shall kill a good King , or at least none of the worst , may he not pretend by his wicked deed some shew of honest and Lawfull duty ? or if any good Subject shall in vain attempt to kill a Prince worthy of all punishment , or accomplish what he intended to do , how great a confusion of all things do you suppose most needs follow there upon ? Whilst the wicked do tumultuat , raging that their head and leader is taken away from them , neither will all good men approve the deed , nor will all those who do approve , the deed , defend the doer and author of their liberty against a wicked crew . And many under an honest pretext of peace will vaile their own laziness , or rather calumniat the vertue of others , than confess their own slothfulness . Surely this remembrance of self interest , and excuse of leaving the publick cause , and the fear of dangers , if it doth not break the courage , yet it weakneth the same , and compelleth it to preferre tranquillity , albeit not very sure , to an uncertain expectation of liberty . B : If you well remember what is before spoken , this your fear will be easily discussed . For we told you that there be some Tyrannies allowed by the free suffrages of a people , which we do honour with royall titles , because of the moderat administration . No man , with my will , shall put violent hand on any such , nor yet on any of those , who even by force or fraud have acquired soveraignty , providing they use a moderat way in their government . Such amongst the Romans were Vespasianus , Titus , Pertinax ; Alexander amongst the Grecians , and Hiero in Syracusa . Who albeit they obtained the Government by force and armes , yet by their justice and equity deserved to be reckoned amongst just Kings , Besides , I do only shew what may be Lawfully done , or ought to be done in this case , but do not exhort to attempt any such thing . For in the first a due consideration of the case , and a clear explanation thereof is sufficient : but in the last there is need of good counsell in undertaking , of prudence in assaulting , and courage in acting . Now seeing these things are either promoved or overturned by the circumstances of time , person , place , and other instruments in carrying on the business : if any shall rashly attempt this , the blame of his fault can be no more imputed to me , than his fault to a Physician , who hath duely described the remedies of diseases , but were given by another to the patient unseasonably . M : One thing seemes yet to be wanting to put an end to this dispute which if you shall add , I shall think I have received a very singular Kindness of you : the matter is this , let me understand , if there be any Church Censures against Tyrants ? B : You may take it when you please out of the first Epistle of Paul to the Corinthians , where the Apostle doth forbid to have any fellowship either at meat or discourse with openly lewd and flagitious men . If this were observed amongst Christians , such lewd men , unless they did repent , might perish by hunger , cold , and nakedness . M : A grievous sentence indeed that is . But I do not know if a people , that allow so much liberty every way to their Rulers , will believe that Kings should be punished after this manner . B : Surely the Ancient Ecclesiastick writers without exception did thus understand that sentence of Paul. For Ambrose did hold out of the Assembly of the Christians Theodosius the Emperour , and Theodosius obeyed the said Bishop : and for what I know , Antiquity doth more highly extoll the deed of no other so much , nor is the modesty of any other Emperour more commended . But to our purpose , what difference is there betwixt the exclusion out of Christian fellowship , and the interdiction from fire and water ? this last is a most grievous sentence imposed by Rulers against such as refuse to obey their commands : and the former is a sentence of Church men . Now the punishment of the contempt of both authorities is death : but the Secular judge denounceth the death of the body , the Ecclesiastick judge denounceth the destruction of the whole man. Therefore the Church will not account him worthy of death , whom it doth expell out of the fellowship of christians , while he is alive , and banisheth him into the fellowship of Divils , when dead . Thus according to the equity of the cause I think I have spoken abundantly , if therewith any Forrainers be displeased , I desire they would consider how unjustly they deal with us . For whilst there be many Nations both great and wealthy in Europe , having all their own peculiar Lawes , they deale arrogantly who would prescribe to all that modell and forme of government which they them selve● enjoy . The Helvetians government is a common wealth , Germany useth the name or Title of Empire , as a lawfull government . Some Cities in Germany , ( as I am informed ) are under the rule of Princes . The Venetians have a Seignory tempered of these . Muscovia hath a very Tyranny in stead of government . We have indeed but a little Kingdome , but we enjoy it these two thousand years free of the empire of forrain Nations . We did Creat at first Lawfull Kings , we did impose upon our selves and them equall and just Lawes , the long continuance of time doth shew they were usefull . For more by the observation thereof than by force of armes hath this Kingdom stood intire hitherto : Now what iniquity is this , that we should desire either to abrogat , or neglect the Lawes , the good whereof we have found by experience for so many ages ? Or what impudence is that in others , that where as they cannot scarce defend their own government , endeavour to weaken the state and good order of another Kingdome ? What ? are not our Lawes and statutes usefull not only to our selves , but also to our neighbours ? For what can be more usefull for keeping peace with our nearest neighbours , than the moderation of Kings ? for from immoderat lust unjust wars are for the most part rashly undertaken , wickedly prosecuted and carried on , and shamfully with much disgrace left off . And further , what more hurtfull can there be to any Common wealth , than bad Lawes amongst their nearest neighbours , whereof the contagion doth usually spread far and wide ? And why do they thus trouble us only , seeing so many Nations round about have their severall Lawes and statutes of their own , and no Nation hath altogether the same Lawes and statutes as others about them have ? and why are they now offended at us , seeing we make no new Law , but continue to observe what we had by an ancient priviledge ? and seeing we are not the only persons , nor the first persons , nor yet is it at this time that we make use of our Lawes . But our Lawes are displeasing to some . Perhaps their own Lawes displease them also . We do not curiously enquire what the Lawes of other Nations are . Let them Leave us our own well known by the experience of so many years . Do we trouble their Councills ? or in what business do we molest them ? But you are seditious , say they . I could freely give them an answer : what is that to them ? we are timultuous at our own perrill , and at our own dammage . I might enumerat a great many seditions that are not hurtfull either to Common wealths or Kingdoms . But I shall not make use of that defence . I deny any Nation to be less seditious than we . I deny that any Nation hath ever been more moderat in seditions than we . Many contentions have fallen out for Lawes , and right of government , and administration of the Kingdome , yet the main business hath been still kept safe . Our contentions never were , as amongst many others , with the destruction of the people , nor with the hatred of our Princes , but only out of love to our own countrey , and desire to maintain our Lawes . Hovv often in our time have great armies stood in opposition to one another ? hovv oft have they retired and vvithdravvn from one another , not only vvithout vvound , but vvithout any harme , yea vvithout so much as a reproach ? Hovv often hath the publick utility setled the private grudges ? hovv often hath the rumor of the enemies approach extinguished our intestine hatred and animosity ? In all our seditions vve have not been more modest than fortunat ; seeing for the most part the party most just hath been alvvayes most fortunat : and even as vve have moderatly vented our hatred , so have vve to our prof●t and advantage condescended to an agreement . These things at present do occurre , vvhich might seeme to compesce the speeches of malevolents , refute such as are more pertinacious , and may satisfy such as are of a more temperat disposition . But by vvhat right other Nations are governed , I thought it not much to our purpose . I have briefly rehearsed our ovvn vvay and custome , but yet more amply than I intended , or than the matter did require : because I undertook this pains or you only . And if it be approved by you , I have enough . M : As for me , you have abundantly satisfied me : but if I can satisfy others also , I shall think I have received much good by your discourse , and my self eased of very much trouble . FINIS . A64478 ---- A discourse concerning the basis and original of government with the absolute and indispensable necessity of it : wherein the excellency of monarchy above any other kind is evidently demonstrated : as it was delivered by way of charge to the grand-jury, at a quarter-sessions of the peace held at Ipswich in the county of Suffolk / by F.T., Esq., one of His Majesty's justices of the peace for the said county. Theobald, Francis, Sir, d. 1670. 1667 Approx. 73 KB of XML-encoded text transcribed from 23 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-10 (EEBO-TCP Phase 1). 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A64478) Transcribed from: (Early English Books Online ; image set 98821) Images scanned from microfilm: (Early English books, 1641-1700 ; 440:4) A discourse concerning the basis and original of government with the absolute and indispensable necessity of it : wherein the excellency of monarchy above any other kind is evidently demonstrated : as it was delivered by way of charge to the grand-jury, at a quarter-sessions of the peace held at Ipswich in the county of Suffolk / by F.T., Esq., one of His Majesty's justices of the peace for the said county. Theobald, Francis, Sir, d. 1670. Thynne, Francis, 1545?-1608. [4], 40 p. [By W.G. for Robert Littlebury ..., London : 1667] Written by Francis Theobald; sometimes attributed to Francis Thynne. Cf. BM; NUC pre-1956. First ed. Cf. BM. Printer and date of publication from Wing. Errata: p. [4]. Reproduction of original in Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Legitimacy of governments. Monarchy. 2003-05 TCP Assigned for keying and markup 2003-05 Aptara Keyed and coded from ProQuest page images 2005-03 Judith Siefring Sampled and proofread 2005-03 Judith Siefring Text and markup reviewed and edited 2005-04 pfs Batch review (QC) and XML conversion A DISCOURSE CONCERNING THE Basis and Original OF GOVERNMENT , WITH The Absolute and Indispensable . NECESSITY of it ; Wherein the EXCELLENCY of MONARCHY Above any other Kind is Evidently Demonstrated . As it was Delivered by way of Charge to the GRAND-JURY , at a Quarter-Sessions of the PEACE held at Ipswich in the County of SUFFOLK . By F. T. Esq One of His MAJESTY's Justices of the Peace for the said County . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Adag : Rabbin : LONDON , Printed by W. G. for Robert Littlebury , and are to be Sold at 〈…〉 THE Book-seller TO THE READER . Courteous Reader , THe Publication of this Discourse , hath been much Desired by several sober and judicious Persons ; but such is the Modesty of the AUTHOR , that hitherto he hath had a Reluctancy thereunto , until now that by my Importunity I have prevailed with him to Expose it to Publick View for the Satisfaction of others , although not of himself . R. L. Imprimatur , Tho. Cooke Reverend . in Christo Patri & Domino Dom. Gilberto Archiep. Cant. à Sacris Dom. Ex Aedibus Lamb. Maii 27. 1667. Errata . Pag. 1. lin . 17. read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 2. l. 1. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , p. 6. l. 15. for more r. better , p. 11. l. 20. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 18. l. 3. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , p. 19. l. 28. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . p. 23. 1. 6. r. Bowels , p. 29. l. 16. r. Serpents do , p. 31. l. 27. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . p. 4. l. 26. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . p. 7. l. 7. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gentlemen of the Grand Inquest , BEfore I enter upon the particular Heads of the Enquiry , I shall premise something in General ; lay down certain Theses and Positions , which , being rightly understood , will much further you in your Proceeding , and facilitate the Work which lyes upon your hands ; First , I shall shew you the Basis and Original of Government , and the absolute indispensable necessity , with the Sacredness of it : Next , I shall shew you our Happiness in this Nation , that we have not only Government , but Monarchy , the best of Governments . To begin with the first thing propounded ; Now Gent. That you may understand the Primitive Institution of Government , I shall clear it up to you thus ; Man , you know , is a Congregative , a Sociable Creature 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as it is well express'd by the learnedst of the Jews , Moses Ben Maimon in his Moreh Nebochim ; Man ( saith he ) hath a Natural Propension , and Inclination to joyn himself unto Company ; And herein he differs from other Creatures which stand not in need of such Society ; And therefore when God made Man , lest he should be alone , he provided a Companion that was meet and fit for him , namely one of his own kind , a Woman ; and this is a strong argument of the necessity of this bond of Society , even by a kind of natural Instinct . Therefore 't is , the Philosopher calls man 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a peaceable and a sociable Creature , and tells us , that he which desires to be alone , must be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 either a God or a Wild Beast : Me-thinks the Arabick words which signifie Man , doth very fitly express his Nature , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which are derived from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 socium esse , associari . Now this Appetite of Association in Man , did , very probably , instigate and stir him up , not by any necessity of Cold , ( as Vitruvius fondly dream'd ; ) nor from the admiration of Eloquence , ( as Cicero imagined , ) to excogitate and find out some way for the Conservation of his Species , and that was Order ; which is Vinculum Vniversi , the bond of the World , without which it would drop in pieces as a Beesom un-bound : Now because Order could not consist without Government , which is the strong fortress of all Interests ; therefore it came to pass that by the common consent of all , Soveraignty and Supreme Power was delegated , and devolved upon one or more that should personate the whole Community ; and they should have power to make Lawes for the rewarding the good , and punishing the bad , which might be a means to secure them against all violence and oppression , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as Jamblichus a famous Pythagorean Philosopher saith , for Men could not live safe without a Governour ; All which is pointed at , though somewhat darkly , by Plato in his Dialogue of Policy or Civil Government , where he makes a graphical Description of the golden Age of the World under Saturn's Reign ; who saith , That Men then being naked , lived abroad in the open Air , and were nourished with the fruits of the Earth which sprung up of their own accord without any labour of Tillage in great abundance ; for the Hook and Sickle in Saturn's hand , signified the plenty of that time , which they made him the Author of , as likewise the first Inventor of Agriculture and Husbandry . The Famous Sulmonian Poet , ( Ovid I mean ) speaking of this Age , sings the same Note in these Verses , — qui vi ndice nullo Sponte sua sine lege fidem rectumque colebant , Contentique cibis nullo cogente creatis Vivebant — Then it was ( to go on with the Relation ) that Men had all things in common , they were mutual Benefactors one to another , and were free from all injury ; they had as little mind , as cause , to do any wrong ; for there was no injustice in the World at that time , but Men did ( as Seneca phrases it ) aperto ostio vivere . Truth , Faith , Peace , Concord , Amity , and Righteousness carried the whole sway amongst men , and they were without Law , without Order , and without any Government , save only Theocraty ; for God himself , by a singular Providence , did watch over them , and they were under his immediate Gubernation : Now some Poets say , that when Jupiter reigned , then began the Silver Age , being worse than the former , Justice having then taken hir flight from Earth to Heaven ; Oppression , Fraud , Violence , Injustice , Sedition , Impiety , Prophaneness , ( and what-Vice-not ? ) was practised cum licentiâ ; and all things were counted lawful , save what was lawful : and so by degrees the World grew so bad , that it was called the Iron-age ; a Description whereof Horace gives us in the Sixth Ode of his Seventh Book Aetas parentum , pejor avis , tulit Nos nequiores , mox daturos Progeniem vitiosiorem — Then it was in this Age , that Government began to be instituted , and Laws were made for the suppression of Vice and Reformation of Manners : Now it is probable , That this Theorem and notion of the golden Age , Poets and Ancient Philosophers received , by Tradition from the Hebrews ; as some other opinions of their Religion : Or else , they might gather it out of the Prophet Daniel . There the first Empire of the World under the Babylonians , is represented under the form of a golden Image : but however it is , we must not think it had its Denomination from the great plenty of Gold , which was in that time ; No , Plato in his Cratylus tells us , That was not the reason , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saith he , It was not so , in its own Nature , but is to be taken Tropically or Metaphorically ; for thereby was signified the happy and excellent Condition of Men in that Age. And Hierocles upon Pythagoras his Verses , speaks to the same purpose in these words , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 We call it the golden Age ( saith he ) because it was the best , and pure Age of Men , taking the difference of Manners from the property of Metals ; so that , under this Mythology , it seems clear to me , that this Truth is covertly insinuated , that the State of Man in the first Age of the World , was a State of Innocency and Integrity : He was pure and righteous , not contaminated with the pollution and defilement of Vices , but was in favour and well accepted with God. The elegant and complete Volume of the Protoplast Adam , in which was bound up the whole Species of Man , was such an accurate correct Copy , and so exactly printed by the Supreme Being , ( that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as Plato calls God , The Father and Architect of the World , and all things therein ; ) that there were no Errata to be found , no blots at all : But though this Book was put forth in so fair and legible a Character , and was flourished with many Capital Letters , yet the Worm of Sin did quickly get into it , and did so fret and corrode it , that the whole Impression was utterly defaced and spoiled : Man , I say , continued not long in his happy prosperous Estate ; the Sun of his Glory was soon set , & he was benighted with a sad and disconsolate privation of his Native purity and perfection ; he did not abide in honour , he was but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Son of a Night : nay , the Psalmist saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he did not lodge one Night in Honour , ( for so the Emphasis of the Hebrew Words imports ) but he fell from his primitive righteousness and holiness into the profound Abysse of Sin and Misery , ( I joyn both these together , because , for the most part , they are Twins of the same Womb , and , as it was with Jacob and Esau , the one catcheth the other by the Heel ; ) Then it was that all manner of Villanies and Outrages were committed : Every man became a Wolf and Beast of Prey to another , and the Earth , as the Scripture-phrase is , was filled with Cruelty , Gen. 6. 11. or , as the Chaldee paraphrase hath it , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. rapinis with pillage and robbery , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is the word in the Samaritan Version which signifies Oppression : And 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Persian Translation , which is Violence ; all different words , though much to the same sense : yea , it is said in another place , The wickedness of Man was great . And it seems he was so habituated in an evil Course , and in all manner of Debauchery , that he was grown obdurate and hardned , and so the Arabick Translation glosses it , when , instead of the Imagination of the thoughts of his heart , it hath this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. pervicacia eorum , their Stiff-neckedness and obdurateness in Sin. And now you will say it was high time some Course should be taken for the reducing the World to some better Order , which could not probably be effected any other way more than by Government ; so that the Summe of all , in one Word , is ; That the Corruption of manners was the generation of Government . So , Gentlemen , I have given you the best Accompt I can , ( considering the un-beaten Path I tread in ) of the Golden Age and the first Institution of Government : And now I shall proceed to the Second thing I propounded to speak of , which I shall endevour to open to you , with as much perspicuity and plainness as I can . Aristotle in his Polit. saith , That the true reason of Civil Society or a Common-wealth , consisteth principally in the Communion of those that live well and virtuously ; and therefore it is necessary that there should be some Governour and Ruler to adaequate and square Mens Actions for them , according to rule , which Rule is the Law : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as the aforesaid Jamblichus saith , Which Commands those things that are sit to be done , and contrarily forbids those things which ought by no means to be done ; The Heathens had a Conceit that Phoroneus , whom they feigned to be the first Law-giver , was likewise the first-man 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as Nonnus calls him ; as if all that lived before him had not been Men for want of Government and Laws . Government , why , 't is the great Atlas , which supports the vast Fabrick of the World ; you may as well imagine the Sun can be without a Principle of Light , as the World without Government and Order , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as Gregory Nazianzen hath it : Order is the Mother and Security of the Being of all things that have a Beeing ; were it not for this , the whole Foundations of the Earth would be out of Course , and the world would be resolved into its first principles of a miserable 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Scripture-Phrase is : It 's Government which Organizes , as I may say , and animates the body of the World ; draws it out of its rude and indigested Chaos ; and quickens it into Action and Usefulness . It 's the Sun of the Political World , without which the World would be as a dark Dungeon ; This is that which refines Men and makes them sit for Converse , who otherwise would be like irregular Stones in a Building , which are full of roughness and corners , and so take up more room than they fill , and , till they be polish'd and made eeven , others too cannot lye neer them ; Government is that , which , Orpheus-like tunes men into a Common-wealth-frame as , he is fabled to do , when by the sweet Melody of his Harp he drew after him Wilde Beasts , Woods , and Mountains ; that is , Men that were wilde and savage by Nature became tame and were charmed into obedience : What a Jewish Author saith of the Divine Law , in that Ancient Book called Zohar , which the Jews believe was writ long before our Saviour's Coming , is true too concerning Political Law ; namely , Lex assumpto Corpore venit in mundum , that the Law assumed a Body when it came into the World ; that is , it was assimilated and made like unto us , it is accommodated and fitted to our necessities and imperfections ; Government is that which sounds a retreat to the Sons of Rebellion , who otherwise by their desperate wickedness would every moment 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Confront God Almighty . Your ranting Beliallists , they are absolute Antinomians , and wish that all Law and Government were banish'd out of the World , that they might sin more freely ; this is that which puts a restraint upon them , in their wicked Courses , and causes them to walk more regularly : Laws you know have generally in them a double power , Directive and Coercive ; the first sets down the duty , the second appoints the penalty for non-performance of the duty . Now 't is the latter only which lewd and licentious men are affected with ; the fear of punishment is that which scares them into some handsome outward Conformity , when-as they have no principle of Ingenuity from within inclining them to it ; The penalty I say , of the Law is that which hales them like a Bear unto the Stake , out of the broad way of destruction , wherein they were posting apace , into the narrow Street mentioned in the Acts of the Apostles , called Strait , I mean Goodness and Virtue ; Government , 't is the Pruning hook to lop off all the luxuriant excrescencies of Vice , and to pare away the superfluity of naughtiness : The Sons of Anak Men of Giant-like Lusts , the mighty Nimrods , that are grown so audacious and incorrigible in their wicked practices , that like a Titan-brood they even threaten Heaven it self with an over-daring impudence , and would , if it were in their power , dethrone God Almighty ; were it not for these Manacles of Government and Law wherewith these unruly persons are tyed , they would run up and down , and make havock of all good men : yea , these prodigies of Impiety , ( Devils incarnate I may call them ) would so rage , and so fearfully terrifie and haunt good men , that , were they not bound down by the strong Cords of the Law , there would be no place of safety for men in the world , no rest for the soles of their Feet , no more than there was for that winged Mercury , Noah's Dove I mean , the Emblem of Innocency , which was sent out by him to make a discovery of the drowned World , in the time of the Flood : I say , were it not for this Curb of Government ; Murders , Adulteries , Incests , Rapes , Robberies , Perjuries , Witchcrafts , and Blasphemies ; would ride in Triumph up and down in every Town of the Country , and thorough-out the Kingdome , so as it might be said of them as of Gad , Behold a Troop cometh : yea , all kind of Villanies , Outrages , and savage Cruelty , would overflow the Nation ; and the face of the Earth would be covered with blood as it was once with water : Were it not for Government , I say , we should all be a Company of Ismaels , Wild-men ; our hands would be against every man , and every mans hand against us ; all the several Counties of the Kingdome would be but as so many Dens of Wild Beasts ; Cruelty would insolently strut it up and down in every place , with her Writ of Privilege in her hand : No mans Life , Goods , or Wife , could be secured ; What , I pray you , do you think would become of Propriety , the Guardian and Tutelar-Angel of Commerce and Traffick , were it not for this Enclosure ? Would not all things lye wast and common ? Would not every Mans Lands and Goods become the possession of the strongest ? So that our Patrimony , and all that we enjoy in the World , if we sold it but for a Mess of Pottage , the price of Esau's Birth-right , we should hardly think we made an ill bargain ; And , as St. Augustine saith well , Talle Jura Imperatorum , & quis audet dicere , Mea est illa villa ; aut , Meus est iste servus ; aut , Domus haec mea est ; Take away Government , and none dare say , These Lands are mine , this Servant is mine , or I have right to this house ; And as for Women , what think you of them ? If they be such as resolve to preserve inviolably the choise Jewel of their Chastity , who would rather choose to dye than live an Example of dishonour to the rest of their Sex ; What rage and fury would beastly libidinous men exercise towards such , who , like Lightning would rend most , where they find most resistance , and would vent their angry passions upon them in as high a manner as Cruelty could invent ; and at last bereave them of their Lives whom they could not bereave of their Honour . The men of Gibeah will abuse the Levite's Wife , yea , and professedly too , abuse her to Death . And what do you think of Life it self , if there were no Government ? Would it not be a Burthen to us , for to live ? and , to be born , a Misfortune ? Life certainly would be but an empty flat Parenthesis of time , a very Wilderness ; we should be in continual fear of being assassmated , Men would be afraid to abide in their own houses for fear that ravenous savage Beasts , should come and become Cut-throats and Cannibals to them ; much less durst they venture abroad ; or if they did , What pannick fears would seize upon them ; every step they took , how would they tremble and quake , as if they trod upon Ice , or as if they were doomed to the old Tryal of Ordeel . Our Lives would but , as the Scripture phrase is , hang before us just as Dumaris his pointed Sword , which hung over his head , while he was at his Banquet , only by a single hair , so that there would be no comfort at all in ones Life . And indeed , I know not how there should : for , as the Spanish Proverb is , Que Quien teme la muerte , no goza la vida , He that fears Death , doth not enjoy his Life : And , in fine , to say no more , Were there no Government , there would necessarily ensue a general Confusion of all things : we should be as the Fishes of the Sea , the greater destroying the smaller . And , as it is said by that Rabbi in Pirke Avoth , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Vnless there were Magistracy , one would devour another alive . But I shall not need to dilate further upon this Subject ; The rise and ground of Government , and likewise the necessity of it , you do , I suppose , fully understand . Blessed be God , we here in this Nation have Government , and that the best too , which is the next thing , Gentlemen , that I would make appear to you , as that which may be of use to you , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , by way of preparing you , to the main and principal business I aim at : Now , that Monarchy which is the Establish'd Government among us , is the most Excellent Government ; God , Nature , Art , and Experience , will sufficiently demonstrate . First , I say , God. He is the sole Monarch of all the World , he is the King of Kings , and Lord of Lords , as the Scripture styles him . He ruleth in the Kingdom of Men , and giveth it to whomsoever he will. Monarchy was the Government which God made choice of to set up , among his people : First in Moses , then in the Judges , then in the Kings . In the several Changes of the Names of the Jewish Government , God still avoided Polyarchy . When Captains , but one Moses in Temporals , one Aaron in Spirituals : when Judges , but one Othniel : when Priests , but one Eli : when Prophets , but one Samuel : and , when for their own ease they joyned others in Commission with them , they presently degenerated and became corrupt ; for the Elders of Israel complained that they turned aside after Lucre , took Bribes , and perverted Judgment . Divine Plato saith , God doth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : Which he meant in this sense ; because , The Geometrical proportion was more agreeable & suitable to Regal Power , because this makes no Confusion of all-together , but giveth unto every one according to his desert and worthiness ; whereas the other , viz. Arithmetical proportion , giveth equally unto all , according to number : and therefore it was , that Lycurgus chased out of Lacedemon Arithmetical proportion , as a popular thing , turbulent and apt to make Commotions . Secondly , Nature shews it : The Image of this Government is to be seen in Sensitive and Inanimate Creatures : there are in them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as the Philosopher calls them , some faint adumbrations and resemblances of this Polity ; as for Example , There is but one Sun , in the Firmament . Among Birds , the Eagle hath the Supremacy : and therefore , because of his Dominion and Soveraign'ty over other Birds , you will find in Scripture , Kings are compared with it ; particularly the King of Babylon , is shadowed out under the similitude of a Great Eagle : Among Beasts , the Lyon is Lord Paramount ; if you dive into the Sea , there you will see a King of Fishes ; In the Common-wealth of the Bees , there is one that is the King : In the Microcosm of Man , you may observe the same thing ; Several Members do their homage and service to one Body , the several Senses of the body are governed by one Mind ; and one Reason moderates all the various and manifold Affections of the mind . Thirdly , Art , which imitates Nature , doth affect this political frame : In a Family , you know , there is but one Master ; in an Army , but one General ; in a Ship , but one Governour : And so , One King amongst the people . Last of all , Experience doth irrefutably evince the truth of this Assertion ; Consult all Authors that are most skilful in Politicks , and they will all tell you that Monarchy doth excel all other Governments ; To begin with Homer , doth not he say 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Hear what Aristotle speaks , that Lynceus of all political Science , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Monarchy , saith he , is to be preferred as the most Divine Government ; and , to name no more , although I could heap up infinite testimonies in this kind ; take , in the last place , that lofty Athenian Poet Euripides , doth not he sing to the same Tune ? 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Two Governours ( saith he ) cannot stand together in one Kingdome , for it would be an occasion of Sedition and Commotion : But why do I spend time in giving you proofs in this kind ? when Holy Writ it self , doth so pregnantly conclude the same thing ? You read Judg. 21 In those dayes there was no King in Israel , and what follows ? Every one aid what was right in his own eyes . Observe the words , for they are very Emphatical ; It is not said , There was no Government in those dayes , but they wanted Monarchy the most excellent Government , and this was the cause of all disorder both in Church and State ; for the words , without any streining , will bear that Construction , viz. Every one did what was right in his own eyes , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 So the Arabick Translation renders it , that is , Quod libebat , Every man did what he list ; Mary , ( may some say ) there was a brave time indeed ; that was a great privilege , For a man to be sui Juris , to act without control ; Alas ! that which you call priviledg is a great and sad Judgment , as you may see by comparing this place with the 78 Psalm , where it is said , God gave them their own desires , speaking of the people of Israel ; and what followed ? In the 31 Verse , you shall find , that The Wrath of God came upon them and slew them ; Such a Liberty as this , for a Man to have his full Swinge in a Licentious Course , is worse than bondage ; for , the greatest freedom in the World is to be able to do nothing but what we should do : Again , the Tryal that hath been made of other Governments both abroad and at home , will abundantly commend the excellency of this above any other : for , Contraria juxta se posita magis eluc●s●unt , is a Rule in Logick , Contraries do best appear , when most directly opposed . Travel into the Roman Empire , and you will find it verified there : The Romans when they shook off their Government by Kings , History testifies , they had so many Changes , that in the space of 600 years , they tryed all forms and kinds of Government in the world : Of Two , by their Consuls ▪ of Three , by their Triumvirate ; of ten thousand , by their Tribunes : But when they found that the further off they departed from Monarchy they lost themselves , and were involved still in greater mischiefs and dissentions , at last they set up One pro unâ vice unoque anno . These were their Dictators , and in time they grew to be Perpetual : which Perpetuity begat Monarchy . But what need we travel so far , when we here in this Nation , have had such sad and woful experience of the truth thereof , in our late miserable confused Anarchy ? when that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as Plato calls the unruly Multitude , The many headed Hydra , did reign , shall I say , or rather rage ? when , like the great Leviathan it played his pranks among us . Truly did , that Glorious Martyr of ever-blessed memory , K. Charles the first , prophesy concerning this Government , in that incomparable Treatise of his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . As it makes a shew , saith he , to the People to have more eyes to sorcsee , so they will find it hath more mouths too , which must be satisfied ; and , at best , is rather a monstrosity than any thing of perfection beyond that of right Monarchy ; where Counsell may be in many as the Senses , but the supreme power can be but in one as the Head. But I shall not need to labour in such a plain thing , which carries its Evidence with it : You have heard , We have Monarchy the most excellent Government : Now , Gentlemen , give me leave to tell you , as a further degree of our happiness , That the best kind of Monarchy obtaineth in this Kingdome : Bear with me a little , if I be too long in these things , I shall be very short in the other part of the Charge touching your Enquiries ; But I would fain speak something to this Point , because it may be of no little use to you and others , to establish them in an obediential frame of Spirit . For as it is in Religious matters , so it holds in Political too ; that one which is not well grounded in the Fundamentals of polity and government , will quickly fall away , and become a Rebel to his King ; as he that is not well rooted and instructed in the first Principles and grounds of Religion , will prove an Apostate , and fall away from the Truth which he prefessed : We have , I say , absolute Monarchy , and herein we differ from the Lacedemonian-Kings , who were subject to their Ephori , which had a power above them : No , Oursagrees with the Persian-Government ; for , their King had plenary power in all things , not subject to be called to account by any person whatsoever : and so is ours , if you will believe Cambden , a famous Antiquary ; who saith , That the King of England , supremam potestatem , & merum imperium habet , He hath supreme power and absolute Command in his Dominions ; and So Bracton , a sage profound Lawyer , in ancient time , speaks to the same purpose , Omnis quidem sub Bege , & ipse sub nullo , sed tantum sub Deo : So that it is an unquestionable truth , that the King is subject to no over-ruling power of man , and that he is free from all humane Coercion and Restraint , I do the rather insist upon this ; because of those seditious jesuitical Principles , that were infused into the minds of the Credulous vulgar , in the times of Confusion , by some Ambitious Democratical , Antimonarchical men ; namely , That , Constituens est prius Constituto , Rex singui● major , universis minor ; that The King is greater than any particular single man , but less than the whole Body of men in a Nation . What an absurd Tenet this is , will easily appear if it be duly examined ; I would fain know of these men , whether the King is not bound as much to protect all his Subjects universally , as to protect any one singly ; and are not all then bound no less universally than singly to honour the Kings Sacred Person , obey his Commands , and assist and defend him in all dangers ? And another new devised State Quirk they had , to wit , That the King cannot be without the People , but the People may be without a King ; and so conclude hence , The People are more excellent than the King. If there be any force in this way of arguing , by the same reason it will follow , that a Flock of Sheep are more Excellent than a Man , because the Shepherd is found out for the Sheep , and not the Sheep for the Shepherd ; for if there were no Flocks of Sheep , there would be no need of a Shepherd . What a strange Inconsequence there is in this kind of Argument you may easily discern . This makes as much to the purpose , as that Parson's argument , who would undertake to prove the Parish must pave the Church and not he , because it was written in the Prophet , Paveant illi , Ego non paveo ; or , that no man ought to have the Sign of the King's-Head , Queens-Head , &c. hanging at his Dore , because the Scripture saith , There shall be no sign given but the Sign of the Prophet Jonas : We had need be careful , we be not infected with such Sectarian Principles , these are dangerous Sophisms that lead the way to Rebellion , and tend to the Alteration and Subversion of Government ; therefore as an Antidote and Preservative against such poysonous Positions as these , I shall prescribe you to take the wholsome Advice , which Solomon gives : Fear God , and Honour the King , and meddle not with them that are given to change : or as the Hebrew hath it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is , with Rebels and Seditious persons , for the word in that language signifies both the former and latter . But Gent. that I may come up closer to the business in hand , you have heard how necessary Government is : and the Excellency of Monarchy above any other kind , hath been fully demonstrated to you . Now you must know , as to the Exercise of this Government , that it is in the body Politick , as in the Natural body , every Member hath its proper Office and place assigned it ; and all the Members do conspire together for the safety of the whole Body . You Gentlemen , are called here this day to bear a share in the Executing the Laws of this Government , in your Capacities ; Now as Government cannot consist without Laws , so neither is Law of any validity or force without Execution , which is the life thereof : And here I desire to press this point of Execution , because I perceive there is a great defect in that particular : And I would not only speak to you Gentlemen , but to my self , and to you ( pace quod fiat vestra ) my noble and worthy Co-adjutators , to whom the sacred Oracles of Justice are committed , that we may be all stirred up , and quickned to the performing of the Duties of our several places ; It is commonly said in reference to the Preaching of the Gospel , that Application is the Life of Doctrine . It is so in respect of the Law too ; for all those great Privileges , and rich Commodities , which the Law is pregnant with , will all prove abortive without this . The Law , I say , hath no strength of it self to bring forth , unless the Magistrate obstetricates , and puts-to his helping hand by a diligent and serious Application . The Law without Execution is like a Cloud without Rain , which promises Rain but gives none ; The Law , 't is a deep Well of all things necessary for the support of our well Beeings , but the Magistrates are the Buckets , wherewith the people draw out the Waters of all their comfortable Enjoyments : As a Magistrate without Law , is a Workman without his Tools ; so the Law without a Magistrate is but a dumb Idol . He it is that is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Living Law. Aristotle saith , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 As good no Law at all as not Executed : The whole body of the Law , without the Soul and Vital heat of Execution to animate and enliven it , is but as a Dead Carcass , and exposed to Contempt , therefore we must do by the Law , as we read Elisha did with the Child of the Shunamitish Woman ; Holy Writ saith , that he lay upon the child , and put his mouth upon his mouth , and his eyes upon his eyes , and his hands , upon his hands , and he stretched himself upon the child , and the flesh of the Child waxed warm ; So we must do by the Law , incumbere legi , stretch our selves , & lay out our utmost improved abilities upon it , pour into it the Aqua Vitae of Impartial Justice , which may Cause it to speak and revive , then move it up and down by a Spirit of activity , and by our nimble diligence , Magistrates are styled Cods in Scripture , but if they do not use industry and assiduity in the Execution of the Law , these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will be but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 meer Idol-Gods , and signifie Nothing . The Law of it self is like Mephibosheth , lame , and cannot go , unless it leans upon the Staff of the Magistrates Authority . Or , it is like the Pool of Bethesda which we read of in the Gospel , where every diseased person that is infected with any ulcerous sore , or Contagion of Vice , may be washed from his filthiness and healed ; but first the Angel must stir the water , I mean the Magistrate , that is the Tutelar Angel of the Law , he must be active and stirring in putting of it in Execution , or else it will be of no efficacy . Although we stand up to the Chin in the waters of Privileges contained in the Law , have never so great a Confluence of them ; yet we shall but Tantalize , and never be able to taste of the fruit thereof , unless the Magistrate plucks it for us , and hands it out to us . Gentlemen , by what I have said , you may perceive the necessity of the Laws Execution ; and oh that you would be perswaded to Contribute towards its necessity ! Oh that we would all in our several Spheres resolve to lay out our diligent endevours , for the effectual Carrying on of this laudable and excellent work . You may be sure it will quit Cost , for we shall have plentiful Comings in ; it is that which you and we are called to this day , let us jointly bend our forces this way . It is reported of the Serpent Amphisbena that it hath an head at either end , neither of which can move without the Consent of the other ; and if they strive , they tear the body in pieces . How true this is , I know not ; but I am sure , it is so with us , who are the Ministers of Justice in reference to the Law ; That can never be practicated and drawn out into use , unless we , that are Commissionated for the Keeping the Peace , and you Jury-men , and other subordinate Officers of the Court , in our several Orbs , do concurr and conspire for the promoting the ends thereof : If there should be any Contention among us , so as one should draw this way , another that way , there would be an Obstruction of the Streams of Justice , so as they would never run freely to our refreshment : and then that great Voluminous body of the Law , had as good be torn in pieces , for any benefit we shall have by it : It will be with us in this Case , as it was with those two Pitchers floating upon the water , which the States of the Vnited-Provinces , upon some difference between them and our Nation , gave for their Impress with this Motto , Si collidimur , frangimur , If we once fall a dashing , we shall all fall in pieces . Gentlemen , You ought to lead the way in this business , you being the Primum Mobile in it ; you are our Eyes and Ears , and the Countries Mouth , we know nothing but what you present ; and the Country , whose Representatives you are , relye upon you for the discovery of their Grievances . If things amiss be not reformed , you may thank your selves for it ; if you would have your Diseases Cured , discover them : You , I say , must lead the way , and not stand off to see who will begin first ( as the fashion of some is ) ; that is a piece of ill-placed good manners : Even as the Rats in the Fable , they all agreed it was fit the Cat should have a Bell about her Neck , that they might have warning of their Enemies Coming ; but the Demur was , Who should put it on , and none would do that . The Ravish'd Virgin under the Law Deut. 22. was to Cry out : So your Office is to Enquire , and to present Offences ; and if you conceal them , your Silence in this kind is a Crying-Sin . You are so many political Chirurgions , and your duty is to launce the publick Sores of the Country , and to search the depth of those wounds that the Corrupt manners of Licentious men , have made in the Body Politick , by the Probe of your Inquisition , and to lay them open ; and therefore , me-thinks , Your Name is sitly adapted to your Employment , You being called The Grand Inquest : But , Gentlemen , I shall now deal more particularly with you , and give you some Directions that you may Steer your Course aright , in the Business you are Embarqued in . In the first place , You must be Careful to present Nothing but what you know ; for a Rumor or Hear-say , is not a ground sufficient for your Presentment . As God said in the Destroying of Sodom , so should ye say , I will go down and see . And again , You ought to Present all you know ; you must avoid Partiality , and not be like the Badger that naturally halts on the one side , unless the Ground be rising to its advantage ; neither Fear should drive you , nor Love draw you , so as to swerve from Truth and Right . You must deal Impartially with all Offenders ; Spare not any , though never so much your Friends , and make never such large Proffers to Bribe your Judgment ; Admit no Parley with them , but , as the Poets fable Vlysses to have stopp'd his Ears at the Enchanting Voyces of the Syrens ; So be ye , as the Deaf Adder to such Charmers . Be not Consenting and Complying with any Offender , lest you bring Guilt upon your selves . It was the Speech of an Advocate to a Judge in Germany , who was very much aggravating the fault of a Murderer that had killed Six men : No , my Lord , ( saith he ) he hath killed but one ; you are Guilty of the Blood of the other Five , because you let him escape upon the first Murder , Spare no Malefactor ( I say ) ; for Clemency in that kind will Commence per saltum , and take its Degree at last in Cruelty to the Innocent Person , according to that Italian Proverb , Perdonando troppo à chi falla , si fa ingiuria a chi non falla : By pardoning too much the Offender , there is an Injury offered them who offend not at all . Let not the Bows of your Compassion yearn towards any obstinate Offender ; for there is no more pity to be taken of such a one , than to see a Goose go bare-foot . In this Case you must , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Hierocles upon Pythagoras Golden Verses hath it , Be like the Physician , who is wont to Cure Malignant Ulcers with Sections and Caustick Medicaments . The Physicia● putridis non parcit carnibus . — non parcit ut parcat , crudelis est ut misereatur . As St. Hierome saith . But , Gentlemen , I look upon you as Knowing and Conscientious Men , and such as are well acquainted with the serious Nature of your Employment , and so shall not need to Enlarge further upon this Momtory Subject : Therefore , I shall now come briefly to the particular matters of your Enquiry , which I shall rank under two Heads : Namely , offences against the Church , and Offences against the State. First therefore , To begin with Offences against the Church ; those that Concern Religion , because the Civil Society is subordinate to the Religious ; the Religious Society , or the Church , being far more Excellent and Worthy than any Civil Society : for therefore it is , That Men live together in Order , and be Governed by Magistrates and Laws , to the end they may the better perform Acts of Religion , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Suidas saith , The first thing that is provided for by Law amongst all Men , is the Worship of God. And , Gent. You cannot be ignorant that Order is an Essential Ingredient in God's Worship ; for , the Welfare and Happiness of the Church , as well as the State , Consists in Order . The Church is made up of many persons , and without Order they could not meet together , but they would justle one another , and there would ●rise many Contentions . One would say , I am of Paul ; another , I am of Apollo ; a third , I am of Cephas , that is , of Peter ; for it is Nomen Hebraeo-Syrum , and signifies so : Nay , it may be , some may be as fondly ridieulous in their Concertations , as those in Luther's time ; when one said , I am of Martin ; another , I am of Luther ; whereas they did but divide Martin Luther , for they were both of his Religion . Certainly , The Eucrasy and good Constitution of the Church , consists in a due Symmetry and Agreement of all the parts in reference to the whole . But Gentlemen , now that I am speaking of Order , lest there should be an Ataxy and Confusion in my Discourse , you are to know , there are two principal Pillars which bear up the Church , viz. Doctrine and Discipline ; Doctrine , that , is as essential to the Well-Beeing of the Church , as the Foundation is to a Building . Discipline , that is the Cement of it , for it Cements the lively Stones of the Church , to wit , Christians , for they are meant by that Allegorical Phrase in St. Peter , and joyns them close together . Order and Discipline are as the Ligaments in the Natural Body , they knit every Member fast to the Mystical Body of the Church , by one Uniform way of Worshipping God ; therefore you have Uniformity Emphatically represented under the Notion of Bands in Zechary , because it tyes Christians fast together in Love ; thereby we come to serve God with one consent , as it is phrased in Zephany 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is the Expression in Hebrew ; that is , with one Shoulder , viz , jointly ; 'T is a Metaphor taken from Oxen , that draw equally in the same Waggon . And therefore the Syriack Version , is very significant , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are the words , i. e. pari jugo : This is a Blessed thing indeed , and becoming the People of God , when they with one Mind and one Mouth Glorifie God. Munster in his Exposition upon that place in Levit. 19. Thou shalt not let thy Cattle gender with a divers kind ; quotes a certain Jew , who saith , that God by this precept shews that he dislikes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 any heteregeneous Mixture amongst People in his Worship : But he would have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a perfect Vnity and Concord in Professors of the same Religion . For God , as he would not have the several Species of things to be Mingled and Confounded ; so , neither would he have Men of the same Church , to be Schismatically divided . Doctrine , and Discipline , are like the Two Pillars which you read of in the first of Kings , Jachin and Boos , called so from their strength , for both Names signifie the same thing . These , I say , are the Chief Supporters of the Church : But there are some Persons , That , were they as Powerful as Malignant , would ( Sampson-like ) pull down these Pillars , although they ruined themselves by it . The Idolatrous papist , he , labours to undermine the Foundation , The Doctrine of the Church . The Schismatical Separatist , he pulls with all his might and main , at that of Order and Discipline : They are both dangerous Enemies to the Churche's Peace : These Foxes ( as Luther speaks ) are tyed together by the Tails , though by their Heads they seem to be contrary . But , as for the former of these , The Papist : Some , may haply say , He is no such great Enemy , he is not irreconcileable ; for we have heard , That , there is no such great distance between Vs and Rome , but that we may meet together , shake hands , and become friends . For my part , I am not of that Faith : and it is not unknown to me , That , many Divines of great Fame for Learning , are of another opinion ; Amongst whom , hear what a Reverend Father of our Church , Bishop Hall , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith , in his Treatise , Entituled , No Peace with Rome : The Church ( saith he ) is at once one , in respect of the Common Principles of Faith ; and yet in respect of Consequences , and that rabble of opinions which they have raked together , so opposed , that , nullo Concordiae glutine aut Unitatis vinculo copulari possint , It cannot by any glue of Concord ( as Cyprian saith ) nor bond of Vnity be Conjoyned . And Dr. Worship upon the same subject expresseth himself thus ; There is ( saith he ) such an Antipathy between a Protestant and a Papist , as is between the two Birds , the Siskin and the Muskin ; which will sight eagerly alive , and , being dend , if you mixe their Blood , it will run apart , and dissociate . They are like the two Poles of Heaven ( saith another ) which stand for ever directly and diametrically apposite . As for the second sort , The schismatical separatist , under which Sect may be comprehended Fifth-MonarchyMon , Anabaptists , Brownists , Familists , Quakers , or any others of the same stamp , by what Names or Titles soever they are notified and distinguished : These do all strongly oppose the Discipline of the Church ; but now light soever these Men make of it , this is no smal Offence , to rend themselves from the rest of the Body by their Separation . Aquinas affirms , Schism to be the greatest of all Sins against our Neighbour , and that , not only in respect of the many Circumstances which attend it , but like wise in respect of its own Nature , because it is the most contrary to Charity , and the Love of our Neighbor , for it is , Contra Spirituale bonum multitudinis , Against the Spiritual good of a Multitude . And , besides , this is an undoubted Truth , That , we can never gratifie the Divel so much by any thing as by our Dissentions ; There is no Musick sounds so melodiously in his Ears , as that which is made up of Discord : he will tripudiate for Joy , and Dance at such Musick : And this also you may be confident of , viz. That subtle Old Serpent , the mischievous Agent of Darkness , doth no less easily than slily insinuate and winde himself , into such persons , whose ignorant minds are obnubilated and darkned with Erronious Principles . Now , Separation is a fruitful Mother and Nurse of all Errours , and the Source and Sluce of all Heresies , and it hath this Evil evermore accompanying it , That the Ring-Leaders thereof , have a strong and vehement Appetite of propagating their Factious Tenets , and endevour after nothing more , than to have their Names and Opinions , serve to the same end as Zisco , when he dyed , appointed for his Skin : who being Leader of the Taborites , a Faction in Bohemia , commanded , That a Drum should be made therewith , ( as Dubravius saith ) that something of Zisco might still be heard to sound in the Ears of his Followers , and their Enemies . But , Gentlemen , That you may the better know these Sectarian Persons when you meet them , give me leave a little to describe them to you . They are the very Antipodes of Authority , a giddy wild Generation of Men , that are impetuously carried out , and ravished , as it were , with every Novel-Opinion , and Narcissus-like , they fall in Love with their own Speculative Shadows , and court frigid Sceptical Controversies , instead of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Radical Fundamental Principles of Religion . The old way of Serving God is loathsom to them , and they are only taken with new things in Religion , being like unto Materiae prima , which always desires and seeks after New Forms . They will Espouse nothing about the Worship of God that is Established by Authority , but would be left to their own wanton and lascivious Liberty , that they might embrace their own wild fantastick Inventions , and Enthusiastick delusions ; They are Swelling Bladders , of restless Minds , and as Unstable as Water ; tanquam Figura Sphaerica in Corpore plano , like a Spherical Figure in a plain Body ; Their several ridiculous and fond Conceits , they interpret , to be the Various Discoveries , and Clear Manifestations of Truth , which spring from the light within them ( as some of them call it ) ; although , indeed , it is nothing else but an Ignis Ja●uus , which Lucifer , who aspired to be an Independent-Light , hath set up in their blind and ignorant minds , on purpose to lead them into the Cimmerian Darkness of a Myriad of pernicious Errors . Gentlemen , by this Character I have given , you may come to know them ; and knowing them , you cannot but look upon them , as great Disturbers of the Church's Peace ; For , this is an Undeniable Truth , That , if once the Hedge of Ecclesiastical Constitutions be broken down in the Church , The Abaddon or Apollyon will quickly lay it waste ; as appears by Psalm 80. v. 12. 13. why hast thou broken down her Hedges ? And mark what follows , The Bore out of the Wood doth waste it , and the Wild Beast of the Field doth devour it . But , let such Hedge-breakers as these , know , that they shall not pass with impunity . For as it is writ in Eccles. 10. v. 8. Who so breaketh an Hedge , a Serpent shall bite him ; that is , as some Expositors say , A sudden and unexpected punishment shall over-take them : which they gather from that Phrase of the Biting of the Serpent ; for , a Serpent doth usually lurk in the hollow place of some Hedge , and when it is broken down , then they rush forth upon a Man unawares , and fastning their venemous Teeth upon him , do give him his deadly wound . R. Solomon interprets the Biting of the Serpent to be , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is , Death coming upon a Man immediately by the hand of God. What an Havock these Fanatical Hedg-breakers made , in the times of the Nefarious Usurping Regicide , you cannot but be sensible of . The Solemnity of God's Worship in a decent orderly manner they stigmatized with Superstition , and they affected no other Service of God , but such as was tumultuarie Compositus ; these men , though of ordinary Vocations , yet , were of extraordinary Callings , for they would have the Brother-hood and Sisterhood believe , That they had an Especial Call of God to reform Abuses and Corruptions , ( as they termed it ) which were crept into the Worship of God , and therefore out of a great deal of Zeal , abolished the Service of God , for the Upholding of Religion . Places that were set apart for God's Worship were so distastful to them , that to shew their Dislike shall I say , or rather their Abhorrency of them , by a strange Antistrophe , they turned them into Stables , as they did by the stateliest Structure for a Church that this Land afforded , namely , St. Pauls , which they made a Receptacle for their Horses ; taking more delight , it seems , to behold the silthy Ordure of Beasts , than the Comely Order of God's Worship in the Beauty of Holiness , as it is phrased in Psalm 29. v. 2. or as the Aethiopick Translation renders it , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. in Aula Sanct a ejus : So , That by this Beauty of Holiness is meant the place where God was worshipped , where God's Honour is said to dwell , yet upon this place , did they cast such foul Contempt as I have told you , to the great Reproach of Religion . It was such a piece of prophane Beastliness , and beastly Profaness , that I want terms to express it : But I am not ignorant that these men that are so opposite to the Discipline of our Church , and turn their backs upon the publick Ordinances do pretend tenderness of Conscience , that they cannot joyn with us , because there is such a Corrupt mixture of humane Inventions in the Worship of God. As for that Common Plea of Conscience , ( although I should be loth to Censure all Persons that use it ) neither on the other hand am I so great a Latitudinarian in Charity , that I can extend it so far , as to believe that all those who do separate themselves from Publick Worship , are led to it out of such Principles . Some there are that pretend to Scruples , and yet have not one Dram of Conscience : They that would delude and catch the credulous Vulgar , who only look to the superficial Appearances of things , whereas 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they need no other Bait than the Name of Conscience ; It is a Word of Enchantment , a kind of Legerdemain to couzen simple people with : but Intelligent persons are not caught so ; they are like the Chiromancer , they will see the Hand to judg the Heart , and seem to say with him in Plautus , with a little difference , only Changing Manus into Aures : Oculatae nostrae sunt Aures , credunt quod vident . What ever fair Shews some Men make of Conscience , as if by their feigned Strictness and Purity of Life , they meant to be matriculated in Piety , yet if they be narrowly searched into , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as St. Chrysostome saith , They would be found to have a Wolve's heart , under a Sheep's Skin ; Their Eyes for the most part are directed to the North-Star of their own proper Interest , and their Course is shap'd by the Compass of their own private ends ; Like unto the Labourer who lifts up his Arms to Heaven , but strikes his Mattock into the Ground . Conscience oft times is the great Palladium of Sedition and Rebellion , and all wicked treasonable practises have been Gilded over with that specious plausible pretence . You remember , I doubt not , how it was with those horrible Miscreants , those 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Men of Bloods , ( as the Idiom of the Hebrew-Tongue is ) : who , when they had devested an Innocent and most Glorious King of His Royal Robes of Majesty and Power , and covered him with the Raggs of Contumely and Disgrace , at last , they brought him to the Block ; But alas ! why name I that Accursed thing , which speaks nothing but Blood and Wounds , and brings forth nought but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Instruments of Death ? But name it I must , The Block , I say , where he was ; He was : oh ! — No marvel , Gent. I hesitate thus , for not my Tongue , no , nor if my Heart were turn'd to Tongues could it sufficiently express the Horrour of that dismal Spectacle : * The Sun , drew Clouds up to hide his Face , as not being able to behold so pitiful a sight , had you been there where this Bloody and Stupendious Tragedy was acted : What said I , Tragedy ? ( nay , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what he suffered did exceed any , the most lamentable and doleful Tragedy . ) You might , I say , if you had been present , have plainly read the Original of Mens Sorrow , in the Copy of their Countenances ; their Lips were hung with Black , as if their Tongues were to pronounce some Funeral ; and the Universal Lamentation that was made for his departed Royal Presence , did loudly proclaim his present Royal departure : And yet these men shall I say , or rather Monsters of Men , were so impudent , as they publickly justified in the Face of Death and Judgment , so horrid and detestable a Crime , from the Dictates of their private Conscience , and their following of God , as they term'd it . O horrid Blasphemy ! Who can hear this and not stand astonished ? If Conscience should be held a sufficient Plea , it would open a Gap to all manner of Licentiousness ; for , why may not such a one that hath a plausible Knack of cheating the common sort of People with the fair Shew of Conscience , under the pretence thereof , make Claim to a Liberty for to run into Excess and Riot , and to commit all kind of Wickedness with greediness , and think they are very hardly dealt with , if they be denyed it ; and therefore it 's no great wonder , that in those times of Anarchical-Confusion , some men , who were intoxicated with Principles of Libertinisme , should make this Proposition , viz. That nothing might be Punished with Death but Murder ; A thing , that I can never think of , without Horrour and Amazement , that Men should be so loose , and given over to such a reprobate sense , as to Contend to have Iniquity established by a Law. It is confess'd by most Men that are the strongest Assertors of Liberty of Conscience , that men , which are guilty of Offences against the Second Table , should be restrained by Punishment ; and , What satisfactory rational Accompt can be given , why the same Care should not be taken , for the preventing the Breach of the First Table , which hath respect unto those Duties which we owe unto God ? Hath not Conscience Influence upon both ? Is not Gods Glory concerned in one as well as the other ? Or are the things of God less precious than the things of Men ? But I know , it will be objected , That no Man hath Dominion over the Conscience but God alone , & 't is he only that exercises Soveraignity therein . But in Answer to this , I would fain know , Whether the Supreme Lord , hath not delegated power to some men , and invested them with Authority to Check and Control the Exorbitant Practises and Expressions of such persons , who break out in things which manifestly tend to the dishonour of His Name , and the Peace of the Church : Or otherwise , all Ordinances , Order , and Government , would be trampled under foot , Religion would be Banished quite out of the Land , and the habitable World turned into an Hell : And if this were not so , how comes it to pass , that under the Law , the false Prophet , and the Brother that spake to the People to turn them away from the Lord their God , were put to Death ? Deut. 13. And was not the Blasphemer stoned to Death ? Levit. 24. 14. God , you know , many times Plagued Judah , and at last carried it into Captivity , because of their tolerating of Errour , and Idolatry ; and , if you consult Josephus the Jewish Historian , you will find that the toleration of divers Sects among them , was the Procatarctick Cause of their utter Overthrow . But Gentlemen , You have another sort of Men that can find in their hearts to come to Church , but they are afraid lest they should be too curious in matters of God's Worship , and should be thought to Complement with God Almighty , who is a Spirit , and looks for the heart in such performances : Crassam rusticitatem pro sanctitate habent , as those did , that St. Jerome complains of in his time , they think God is best served in a slovenly manner ; they deal by God Almighty as they do by some of their familiar friends , whom they meet with as they are walking abroad , they do not stop their Course , to give them a formal Salutation by Crindging , Bowing , and putting off their Hats , but only give them a nod as they pass along , or haply may mutter out that trite and thredbare Complement of , Your Servant , in that Transitory posture ; So , I say , you shall have them do with God ; when they come into his House to Worship him , they think a careless Dress or Address of themselves is best becoming , and so serve God hand over head , as I may say ; or as you have it Lev. 26. 21 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 at all Adventures , for the Word signifies so , as well as Contrary , which our Translation renders it : But you shall have these men plead for themselves , and say , that External Devotion doth not suite with these Evangelical times . But were they thoroughly acquainted with the Gospel , which they so much talk of and so little practise , they would find that this fond Conceit of theirs is sufficiently Confuted by our Saviours Practice . Did not he lift up his Eyes to Heaven when he prayed for Lazarus , and fell on his Face when he prayed in his Agony ? St. Paul , as himself saith bowed his Knees to the Father of our Lord Jesus Christ : But these men , when they come into God's House , the Place of His Sacred Presence , you shall have them presently Clap on their Hats , and sit on their Breeches in Time of Prayer . What a shame is this ? The very Heathens shewed more reverence in the Worshipping of their Idol Gods : for I read in Plutarch , That they adored the Deity that beareth the Name of Honour with the head bare ; And how rude those Sedentary persons are , who cannot find in their hearts , to kneel or stand in time of Prayer , will sufficiently appear , if you consider , what you read in Levit. 19. 32. viz. Thou shalt rise up before the Hoarie-head ; If such Honour is required to be done to Old Men , then sure it will follow , We should much more rise up before the Ancient of Dayes , when we are Worshipping of him ▪ Religion would lose that Native Veneration that is due to it , if it were not Accompanied with outward decent gestures of the Body . But me-thinks , I may speak to these Men that are so irreverent and profane in their Carriage to God , in the words of the Prophet Malachy ; offer it now unto thy Governour , will he be pleased with thee , or accept thy Person ? No , I warrant you . I durst Appeal to these persons , Whether they would do the same in their Addresses to any of us that are in Commission of the Peace ? And yet are they thus sawcy with God Almighty , who is the King of Kings , and Lord of Lords , as if they were hail fellow well met with him . I speak the more vehemently concerning this Miscarriage , because such persons deserve a severe reproof , and if any such be here present , I shall only say this to them , which is a certain Truth , although it be pungens , and not ungens ; viz. That the Covering of their Heads , is a Discovering of their Singularity and Folly , or rather their foolish Singularity . But Gent. I shall now speak more particularly to the Articles you are to enquire of , though I shall not spend time in Enumerating of them all , for , I conceive that to be uunecessary , being ye hear them repeated every Sessions ; and besides , you may find them almost in every Printed Justice of Peace Book ; I shall only therefore name some of the most notorious and principal Offences . First , If you know any person , Man or Woman , above the Age of Sixteen years , not having some lawful Excuse , that do not come to Church or Chappel upon every Sunday , to hear Divine Service ; you are to present the Offence , and the time how long they have absented themselves . You ought to have an especial care to discover such , that a Mark may be set upon them as upon Cain , who is said , to goe out from the presence of the Lord , Gen. 4. 16. that is , he turned his Back upon the Church of God , the Place in which his Parents Worshipped God ; called the Presence of the Lord , because God in an especial manner is present there . Such stragling Sheep as these , it is necessary the Law , as the Shepherd's Dog , should take hold of them and bite them , which may be a means to reduce them and gather them into one Sheepfold . You are to make Enquiry if any have blasphemed the Name of God by Swearing . If any shall Profane the Sabbath-day , you are to present such : and there are two sorts of Persons that are guilty of this Offence ; either such as use unnecessary labour , as Pedlers , Carriers , Hucksters , &c. Let such know , that if they neglect to sanctifie God on that Day , God will be sanctified upon them by his Justice . He that did but gather Sticks on the Sabbath-day , paid soundly for it ; he heard of his fault , on both his Ears : and , because he rested not from his labour , on that day , was arrested by a multitude of Stones , which flew like Bees about him , and rounding him in the Ear , brought the sad message of Death to him . Another sort of Men you have , that are so far from the Religious Observation of the Sabbath , that they make a sport of it , they devote themselves to all kind of Pleasure and Harmless Recreations , as they very mannerly term Bowling , Dancing , Wrestling , I had almost said Cards and Dice too : They do indeed , call the Sabbath a Delight ; as the Phrase is in the Prophet Isaiah ; but in the same sense the Jews take it , who spend the day in Mirth and Jollity , put on the richest and costliest Clothes they have , eat freely of all variety of Dainties , wherewith their Tables are richly deck'd ; and , in a word , use all things that make for the delight of the Body . So , these men they are wholly immers'd in Carnal Sensual Pleasures , and make no more use of that day , than the Leviathan doth of the Sea , only to take their pastime therein . You shall present , &c. — But I shall say no more concerning Religion and matters of the Church , but shall come briefly to Offences against the State : And herein first , of those that are Committed against the King , and then of those Committed against the King's People . First , As to the King , If any one have Conspired against the Life of the King 's or Queens Majesty , or of their Eldest Son and Heir , the very Compassing and Imagination thereof is High Treason , if it can be proved by any Overt Act. But all Matters of Treason are only Inquirable here , but not Punishable . Secondly , If there be any that Revile the King , and speak Contemptuously of him , or use any Invectives against him or his Government , you are to present them : This is a greater Offence than People are aware of ; St. Peter tells us , That such as despise Dominion , and speak evil of Dignities , are in an especial manner reserved to Judgment . We read in the Epistle of Jude , That Michael the Archangel , when he Contended with the Divel , did not bring a railing Accusation against him , he did not revile him , no not in the heat of dispute : But some Men are so impudently vile as to revile the Gods , I mean Kings , whom Truth himself calls Gods ; for Elohim in Scripture , which is Translated God , is an Equivocal Word , and is Competible both to Angels and Governours as well as God. Next , As to those Offences which concern the King's People , they are of two sorts ; either such as Concern their Life : or Secondly , such as Concern their Estate and Possessions . First , As to Life , And the highest Offence against that is Petty Treason , which is , where one is killed unto whom the Offender did owe Obedience ; as , The Servant to the Master ; The Wife to the Husband ; The Clerk to the Prelate . The second Degree , as to Life , is Murder and Homicide . The Spilling of Blood ( Gent. ) is an Offence of a Scarlet die , a Crying Sin , and you ought to take especial Care of finding it out . There are a sort of Ruffians , Roaring Blades , Gallants , they would Christen themselves , that make nothing of Stabbing and Killing for every petty Conceived Affront ; it may be , for giving the Lye ; for taking the right Hand , or the Wall of them , or not pledging a Carouse or Health , which is to be drunk by a stated Measure and Proportion , ( as those that make Profession of Skill in the Harmony of Bacchus know full well ) but Novum genus hoc mensurae , ubi nullus est mensurae modus , as St. Basil saith , This is a new kind of Measure , where no Measure is kept : Such fiery hot Spirits as these , or , as they are commonly called , Sparks , ought to be quenched , lest the whole Country be set in a Combustion ; Blood-shed with them , is held but the Cognizance of noble Resolution . The Clipping of the King's Coyne , is more odious and dangerous in their Accompt , than the Destroying of God's Image . The Second Sort of Offences against the King's People , are such as Concern Mens Possessions and Estates . And here you are to Enquire of all Burglaries , Robberies , Cutting of Purses , and generally of all other Stealths . This Offence of Stealing is grown so Epidemical , that those Harpies which use it , seem to plead Prescription for it , and are ready to Count it a lawful Calling . Luther tells of a Thief at Wittemberg ▪ that had Continued his Stealing Sixty years , and being apprehended in the Fact , was asked by the Maior , How it went ? He answered , As I drive , so it goeth . Some Persons have Contracted such an Habit by the frequent Repetition of Thievish Acts , that they never leave their Stealing till it hath brought them to the Gallows ; whereas , did they meet with a Check at first , it might prevent their fatal Over-throw , although it were but some slight punishment that was Inflicted upon them ; as that Conceited one was , that I have read of , which was after this manner . The Delinquent had a Coller of Iron clapp'd close about his Neck , which was riveled so fast with an Iron Pin , that it could not possibly be taken off , and a little Bell was hanging thereat , to the end that the ringing thereof , as often as he did stir or move , might give the People warning to take heed of him . You shall Enquire , &c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Demosth. Orat. pro C●●siph . FINIS . Notes, typically marginal, from the original text Notes for div A64478-e700 * It being a very dark day , and the sua not appearing all day . A91305 ---- A true and ful relation of the officers and Armies forcible seising of divers eminent Members of the Commons House, Decemb. 6. & 7. 1648. As also, a true copy of a letter / lately written by an agent for the Army in Paris, dated 28 of Novemb. 1648, to a Member of the said House, a great creature and patriot of the Army; clearly discovering, that their late remonstrance and proceedings do drive on and promote the Jesuits and Papists designes, to the subversion of religion, Parliament, monarchy, and the fundamental laws and government of the kingdom. Prynne, William, 1600-1669. This text is an enriched version of the TCP digital transcription A91305 of text R30121 in the English Short Title Catalog (Thomason E476_14). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 26 KB of XML-encoded text transcribed from 8 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A91305 Wing P4110 Thomason E476_14 ESTC R30121 99872252 99872252 162499 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A91305) Transcribed from: (Early English Books Online ; image set 162499) Images scanned from microfilm: (Thomason Tracts ; 76:E476[14]) A true and ful relation of the officers and Armies forcible seising of divers eminent Members of the Commons House, Decemb. 6. & 7. 1648. As also, a true copy of a letter / lately written by an agent for the Army in Paris, dated 28 of Novemb. 1648, to a Member of the said House, a great creature and patriot of the Army; clearly discovering, that their late remonstrance and proceedings do drive on and promote the Jesuits and Papists designes, to the subversion of religion, Parliament, monarchy, and the fundamental laws and government of the kingdom. Prynne, William, 1600-1669. 15, [1] p. [s.n.], London : Printed in the yeer 1648. Attributed to William Prynne. Annotation on Thomason copy: "Dec: 13". Reproduction of the original in the British Library. eng Pride, Thomas, d. 1658 -- Early works to 1800. England and Wales. -- Parliament. -- House of Commons -- History, (17th century) -- Early works to 1800. England and Wales. -- Parliament -- Expulsion -- Early works to 1800. Monarchy -- Great Britain -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. A91305 R30121 (Thomason E476_14). civilwar no A true and ful relation of the officers and Armies forcible seising of divers eminent Members of the Commons House, Decemb. 6. & 7. 1648.: Prynne, William 1648 4470 2 0 0 0 0 0 4 B The rate of 4 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2007-07 TCP Assigned for keying and markup 2007-07 Aptara Keyed and coded from ProQuest page images 2007-09 Elspeth Healey Sampled and proofread 2007-09 Elspeth Healey Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A True and ful Relation OF THE Officers and Armies forcible seising of divers Eminent Members Of the Commons House , Decemb. 6. & 7. 1648. As also , A true Copy of a LETTER lately written by an AGENT for the ARMY in Paris , dated 28 of Novemb. 1648 , to a Member of the said House , a great Creature and Patriot of the ARMY ; Clearly discovering , That their late Remonstrance and Proceedings do drive on and promote the Jesuits and Papists Designes , to the subversion of Religion , Parliament , Monarchy , and the fundamental Laws and Government of the KINGDOM . London , Printed in the Yeer 1648. A true NARRATIVE of the Officers and Armies forcible seizing and suspending of divers eminent MEMBERS of the Commons House , December 6 , & 7. 1648. THe Officers and Councell of the Army , being discontented with the Votes passed in the Commons House upon a long and serious Debate ( which continued all Munday , and Munday night last , till Tuesday morning about 9 of the clock ) to this effect , That the Kings person was removed out of the Isle of Wight by the Generals Command , without the knowledg or consent of the House . And , That the Kings answers to the Propositions of both Houses upon the Treaty , were a sufficient ground for the house to proceed to the settlement of a safe and wel-grounded Peace . On Wednesday , the sixth of this instant December , 1648. placed strong Guards of the Army ( as well Horse as Foot ) in the Palace yard , Westminster-hall , the Court of Requests , and in the stairs and Lobby leading to the Commons-house , where Col. Pride ( who commanded the Guards that day ) Sir Hardresse Waller , and other Officers , violently seized upon divers Knights , Citizens , and Burgesses of the Commons house in the Parliament stairs and Lobby , as they were going to the House , to sit and discharge their duties there , and by plain force thrust and carried them prisoners into the Queens-Court , notwithstanding their open protestations of breach of Priviledg of Parliament , without having any warrant for such commitment but their Swords , or assigning any cause at all but their own arbitrary wills : and there kept them prisoners under a strong Guard , denying them liberty of access to the House , which they desired . Mr. Edward Stevens and Col. Birch being gotten into the House before their seizures , were called to the door by feared Messages sent to them by the Officers , under other mens names , and there seized on , and violently pulled out of the House , though they cryed out to the Speaker to take notice of the horrid force upon them ; and so were haled thence into the Queens Court ; Harry Martin the Horse stealer , though in actuall Rebellion against the House , and formerly ejected out of it , being in the mean time admitted to sit as a competent Member . The House being informed of this strange violence offered to their Members by those who professed themselves their Servants and Protectors , sent the Sergeant of the House to the Queens Court , to demand the Members there detained , and required their attendance in the House : Which Message , though delivered , was disobeyed , wherewith he acquainting the House : Thereupon the House sent the Serjeant forth with the Mace , to fetch away the imprisoned Members , but the Soldiers and Officers violently kept him back at the Door , and would not suffer him to execute their command . Hereupon the House resolved not to proceed till these Members were restored ; yet notwithstanding the Officers stil proceeded to seiz more Members , as they came to , or went from the House , carrying them all Prisoners to the Court aforesaid . About three of the clock in the afternoon , Hugh Peter with a sword by his side , like a boisterous Souldier came rushing in to see the Prisoners , and take a list of their names , by order from the Generall , as he alledged ; where some of the Prisoners demanding of him , by what authority they were thus imprisoned and kept from their duty , he answered , By the power of the Sword ; and returning thither soon after , he released Sir Benjamin Ruddier and Mr. Nathaniel Fiennes ( as he said ) by the like power of the Sword . Night drawing on , the Prisoners desired the Capt. who guarded them , to desire Col. Pride to speak with them , to the end they might know by what authority , and for what cause they were thus detained by him , being Members . The proud Colonel returned this Answer , That he had other imployment for the present , that he could not wait upon them . Soon after Hugh Peter and some other Officers acquainted them , that they should all be removed to Wallingford House , where they should have all fitting accommodations provided for them , and where the General and Lieut. Gen. would come and speak with them , and that Coaches were provided to carry them thither : upon this assurance , the Prisoners went all from the Queens Court , to take coach at the Lords stairs ; where Coaches attending them , in stead of being carryed to Wallingford House as was promised and expected , they were stayed at the back-gate of Hell , ( a common Victualling-house so called ) and there thrust all into the common dining-Room , and after that translated into two upper Chambers . When it grew late , Sir Robert Pye and some six more were offered liberty to go to their lodgings ( being neer ) upon their paroll , to appear before the General the next morning : who conceiving it inconsistent with the Priviledge of Parliament , and a prejudice to their Cause , refused to give any other paroll , then to appear in the House the next morning ; which being not accepted , they were all inforced to remain in Hell that night , most of them having no other beds to rest their heads on ( though ancient and infirm , and Gentlemen of Honour ) but the floor of the Room , and Benches and Chairs : yet they patiently underwent this affront and duresse in Hell it self ( culled out of purpose to put a meer signal brand of contempt and infamy upon them and the Parliament ) reading and singing Psalms to God , spending most of the night in Discourses and walking , without taking one minutes rest or sleep . It was a very sad spectacle to see so many eminent and Honourable Members of Parliament so uncivilly and discourteously used by their domineering Servants , who exceeded all Regal and Prelatical Tyranny in former times ; which afforded convenient lodgings and accommodations to their Prisoners . The Provost Marshal ( under whose custody they were unworthily put as Malefactors ) was so ashamed of this dishonorable usage , that after some conference concerning it , he repaired to the General to White-hall , to acquaint him with it , and receive his further Order . The next morning ( being Thursday ) the Prisoners expecting the issue , he returned to them about 11 of the clock , and acquainted them , that it was the Generals pleasure they should all wait forthwith upon him and his Councel of War at White-Hall , where he desired to conferr with them : whereupon , they were presently put into Coaches and carried to White Hall like Traytors or Felons , with strong Guards of Horse and Foot attending them , and there brought into the Kings Lodgings fasting , and tired out with watching the night before : where arriving about 12 of the clock , they expected a present Answer . But our new Grandees and great Councel of the Army took so much Royal State upon them , as to make them wait their leisure til it was night before they vouchsafed to send them any answer ; at which time , disdaining to call the imprisoned Members in , or to honour them with their more them Lordly presence , they sent out 3 Officers to acquaint then with this dilatory answer , That other intervenient affairs of great concernment were now in agitation before the General and his Councel , so as they could not admit them to their presence that night , as was expected ; and that the General and his Councel , for their better accommodation , had given order that they should be lodg'd at 2 Inns in the Strand , to wit , the Swan and the Kings Head , for that night , where they should receive from them the next morning some Propositions to be considered of . After which , the Provost Marshal taking the names of those who were to be lodged at the Kings Head , and a list of those who were to be conducted to the Swan , carried them all prisoners to the said Inns thorow the streets in the dirt on foot ( except some 6 or 7 onely , who were lame and aged ) with a Musketier attending upon every one of them in particular , and a strong Guard marching before , behinde , and on one side of them , like so many Traytors and capital Malefactors , to the great admiration and discontent of all persons wel affected to the Parliament , and joy & rejoycing to all Malignants , Papists , and Cavaliers , who , had they been conquerors of the Parliament , could not have used them with more rigour , scorn and disdain then these pious Saints and Grandees of the Army have done , before they have attainted them of any particular crime or breach of trust ; whereof the whole Kingdom can declare all or most of them innocent . Being brought Prisoners to the said Inns , they had strong Guards set upon them , and a Sentinel at every chamber door all night . Thus do these new usurpers of a more then Regal and Tyrannical power , trample upon the Members of the House of Commons ( their former Masters ) as if they were no better then the dirt in the street ; and to exasperate the cōmon souldiers against them , have slandered the imprisoned Members , to be the only detainers of their pay ; when as none of them ever fingered one penny of their moneys : and if any Members be guilty of such a crime , it must be those who have most relation to the Army , and professe themselves their greatest friends . Thursday morning the Officers and Army guarding the House in the same manner as on Wednesday , some of their Officers standing at the Commons door with a List of Parliament mens names in their hands , demanded every Members name as he came to the door to enter the House , and those whose names were in their List , they forcibly excluded the House , and turned down the stairs , though they earnestly pressed for entrance : and some of them acquainted the Speaker by Letter with the high affront and breach of Priviledge ; but could finde no redresse , the Officers admitting onely such who were not in the List : About 40 Members were thus forcibly excluded , but not imprisoned ; onely Mr. Gewen was seised upon by one of Col. Hewsons Officers , carried prisoner to the Queens Court , and from thence to White-hall to the rest of the imprisoned Members , who were there attending upon the General and his Councel : This day the Great Conqueror Lieut. Gen. Cromwel entered the Commons House , and received thanks for his great services , which had been more Honourable for him to receive in a full and free House , then in an empty and forced ; the House ( by reason of the restrained and excluded Members , with others driven away by this horrid violence ) being not above 80. in Number , having formerly resolved not to proceed till their Members were restored , and the force upon them removed ; after some debate and opposition , the House was divided upon this Question , whether they should now proceed or not ? which was carryed in the affirmative , 50. voting in the affirmative , and 28. or 30. in the negative , that they should not ; who presently left the House , most of them resolving to come no more till the House and Members were righted ; this done , to abuse and mock as well God as men , they appointed Friday for a solemne Humiliation , to be kept in that House , not to expiate the Armies open violation of their Priviledges , force and breach of Faith , both to God and the Parliament , which had been commendable , but to procure a blessing on the forcible and unparliamentall proceedings , for the subversion of Monarchy , Religion , Lawes , Liberties , and three Kingdomes in a moment : dethroning and beheading the King , and desinheriting his Posterity , and introducing a popular Anarchy and Tyranny under the power of a perfidious Army , worse then any slavery under the great Turk : The Lord humble them in good earnest for these crying sins and treasons , and either convert their hearts , or confound all their treasonable destructive devices of this kind , which will render them infamous to the present and all future Generations , and bring them unto speedy ruine , notwithstanding all their present usurped power . It is beleived by divers understanding men of great experience , that the Jesuits have laid this plot , and fomented these distempers in the Army , by the Agitators , some of them being Jesuits , others Anabaptists , leavened with Jesuiticall principles ; who over-reach the honest-minded and plain-hearted Christians in the Army by their speciall pretences of Justice , and speedy setling of the Common-Weale , but in such a way as will bring all to suddain confusion , and make our three Kingdomes a prey to the Popish party ; and our forraign Popish enemies , who will make Bonefires of joy in Italy , Spain , France , Ireland , and other forraign parts for this unparaleld force upon the Houses , and the designes of the Army now in prosecution . Friday morning the imprisoned Members expected a Message from the Generall and his Councell , according to promise ; but they received none , such is their dilatorinesse and fidelity in point of promise , onely one came with a message from the Generall to Sir Robert Harley to this effect , that he might go home to his house , and continue there , so as he would give his word not to oppose the present actings and proceedings of the House or Army , varying in his expressions ; at which Sir Robert desired time to advise with his fellow prisoners , being a matter which equally concerned them ; the like offer was since made to Sir John Merrick , by which it is apparent , that all these prisoners crime is onely the discharge of their duty , in opposing the present designes and actions of the Army , to subvert the fundamentall Lawes , Liberties and Government of the Kingdome , and the ancient forme of Parliaments ; for which treason Strafford & Canterbury lost their heads by judgment of this very Parliament . By all these passages , compared with the Armies late Remonstrance and Declaration , it is most perspicuous to all the Kingdome , 1. That the Officers and Army have offered far greater violence to the Priviledges , Houses , and Members of Parliament , and acted more towards the dissolution of this present , and subversion of all future Parliaments , then ever the King or his Cavaliers , the Gunpowder traytors , Germyn or Percy did ; or the Reformadoes and London Apprentices did , whom yet the Officers and Army declared against , and prosecuted as Traytors , though they neither imprisoned nor kept back any Member from the Houses . 2. That they have violated their Covenants , Oaths , Trusts , and solemne ingagements to the Parliament , City , Country and Kingdome , in as high or higher degree as ever the King and his evill Counsellors did , in invading the priviledges , forcing the Houses , imprisoning the Members of Parliament , and indeavouring by open force to subvert the fundamentall Government , Lawes , Liberties and Customes of the Realme , and the Ancient frame and being of Parliaments , for defence of all which they were raised , and covenanted to fight for and maintain . That they have usurped a far greater and more dangerous arbitrary and tyrannicall power , over both Houses of Parliament , and their Members , and over the persons and estates of their fellow-Subjects , then ever the King , or the worst of his Counsellors did , and that under the feigned pretences of present necessity , and common safety , of which they make themselves the only supreme Iudges , not the Parliament , as the King did in the case of Ship-money : and therefore they must either justifie or acquit the King & his party from all those charges & objections against him in their late Remonstrance , for which they presse the Houses in point of justice , both to depose and execute him as a Traitor to the Common-wealth , or els incur the self-same crime and guilt , and subject themselves to the same judgment and execution , which they desire to be inflicted upon Him and His . The names of the imprisoned Members . M. Wheeler . M. Lane . Sir Samuel Luke . Sir Thomas Soame . Sir Benjamin Raddierd . Sir Richard Anslow . Sir Robert Pye . Sir Anthony Irby . M. Clement Walker . M. William Prynne . M. Bunkley . Major Generall Massey . Sir Walter Erle . M. Greene . Colonell Birch . M. Boughton . Colonell Leigh . M. Henry Pe●ham . M. Drake . Sir William Waller . Sir John Merrick . Sir Martin Lister . Sir Robert Harley . Col. Ed. Harley . M. Swinfen . M. Crew . M. Ed. Stephens . M. Buller . Sir Gilbert Gerrard . M. Gerrard , M. Nath. Fines . Sir Simon d' Ewes . Sir William Lewes . Sir Iohn Clotworthy . Lord Wenman . Colonell William Strode . Commissary Copley . M. Vaughan of Exeter . Sir Harbottle Grimstone . M. Prisley . M. Gewen seized upon Thursday . Sir Henry Cholmley seized at his lodging , and sent prisoner to the Crowne . Psal. 55. 12 , 13 , 14 , 15 , 16. For it was not an enemie that reproached me , then I could have borne it ; neither was it he that hurted me , that did magnifie himselfe against me , then I could have hid my selfe from him . But it was thou , a man mine equall , my guide , and mine acquaintance . We took sweet counsell together , and walked unto the house of God in company . Let death seize upon them , and let them goe downe quick into hell : for wickednesse is in their dwellings , and amongst them . As for me , I will call upon God : and the Lord shall save me . A true Copie of a Letter written by an Independent Agent for the Army , from Paris in France , to an Independent Member of the House of Commons , a great Creature and Patriot of the Army . Extracted out of the originall . Deare Sir , I Was exceeding glad to receive the Doctors lines , that intimated your recovery from that distemper that had seized upon you ; I doubt not but it had this effect upon you , to let you see , what a fraile thing our bodies are , and what need we have to be sure of our building not made with hands , reserved in heaven for us . I am at present ( praised be God ) indifferent well , the place where I am , in respect of all outward accommodations , very well agreeing with me , and very much exceeding England , onely defective in this , that I cannot find a M. Westrow , nor Doctor Stanes here , to make a bosome-friend ; and yet in that it is not altogether so barren as I did , and you may well imagine it : I am fallen into the acquaintance of three or foure Catholikes of very great ingenuity , and in their way of much Religion : undoubtedly it is an error to look at all Papists through the same perspective ; for they are more to be differenced then English Papists can be . I find their opinion of , and dependence upon the Pope , little , or nothing what we imagine it to be , and better principled to make members of a Commonwealth , then the most English ▪ Their opposition to the King is not to be reconciled ; their hopes are now upon the Army , to whom they wish all prosperity , as to the setling of a Representative , being extremely distasted with Regall hereditary power throughout the world . It seems my Lord Say hath undertaken to procure a Passe from the House for Sir Kellam Digby to come over to England ; he is not , according to your rule , a Delinquent , but it seems came over into France by the House of Commons Licence , acquitted from any crime . Let me desire you when it comes to be moved in your House , give it the best promotion you can ; one would think a businesse so reasonable should find no opposition : But to such a constitution as you are of , no man can tell what is reasonable . He never was in Armes , and I believe , can easily answer any thing that can be objected ( save his Religion ) why he should be from under Sequestration . Let me intreat you to speak to as many of your acquaintance as you can , that when it comes to be moved , it may not be repulsed . I could heartily wish you and Mrs. Westrow , and the Doctor had a good occasion to bring you over into France ; ( if so ) I should not think of returning into England whilest you stayed . I have no more at present , but my own and wifes best respects to you and Mrs. Westrow , I remaine , Paris , 28. Novemb. 1648. Your very assured friend , A. B. By this Letter it is apparent , That the Jesuited Papists in France are in such opposition to our King for his compliance with his Houses of Parliament to settle the Kingdome , and extirpate Masse and Popery , that they are not to be reconciled to him ; and therefore indeavour to depose and bring him to execution , and disinherit his posterity . That their hopes to effect this their designe against , and execute this their revenge upon the King , are now upon the Army , to whom they wish all prosperity . That they foment , and prosecute with their prayers and advice , the Armies new Modell for setling of a Representative in Parliament , of purpose to dissolve this present Parliament , ( which hath acted so much against them and their Popish Religion , and is now giving it its finall and fatall blow , if they and the King shall close ) and to subvert all Parliaments for the future , for feare of falling into the like danger by them . That Independents , and friends of the Army have a far better opinion of Roman Catholikes , then English Protestants ; as being better principled to make members of a free Commonwealth then they : And therefore are more likely to favour , and close with Roman Catholikes , then English Protestants , in carrying on their new designes , expressed in their late Remonstrance . That the Jesuites and Roman Catholikes are extremely distasted with Regall hereditary power throughout the world , the onely obstacle to their designes , in subverting the Protestant Religion , and making all Kingdoms meere vassalls to the Pope and Sea of Rome ; and therefore the Officers and Army in prosecuting their Remonstrance , and new intended Representative , and subverting Regall hereditary power , do most apparently carry on nought else but the very Jesuites and Roman Catholikes Interests and designes , and accomplish their desires , either wittingly or willingly , as acting by their principles , if not counsells , and aiming at their very ends ; which is high time for all wise and well-affected Protestants both in the Army , Parliament and City , and our three Kingdoms , most seriously to consider and prevent the imminent ruine and destruction even of our Reformed Religion it self , and our hereditary Monarchy , the present and all succeeding Parliaments ; our Lives , Liberties and Kingdomes , all now drawing to their fatall period , by the heady violence , trechery and disobedience of that very Army , which hath been raised , cried up , and trusted upon too much , as their onely Saviours , for which God in justice may now make them their principall and sudden destroyers , unlesse both they and we repent . FINIS . A94080 ---- The common-vvealth of Israel, or A brief account of Mr. Prynne's anatomy of the good old cause. By H.S. Stubbe, Henry, 1632-1676. This text is an enriched version of the TCP digital transcription A94080 of text R203692 in the English Short Title Catalog (Thomason E983_11). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 17 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A94080 Wing S6035 Thomason E983_11 ESTC R203692 99863551 99863551 115756 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A94080) Transcribed from: (Early English Books Online ; image set 115756) Images scanned from microfilm: (Thomason Tracts ; 146:E983[11]) The common-vvealth of Israel, or A brief account of Mr. Prynne's anatomy of the good old cause. By H.S. Stubbe, Henry, 1632-1676. [2], 6 p. printed for Tho. Brewster, and are to be sold at the sign of the Three Bibles, at the west-end of Pauls, London : 1659. H.S. = Henry Stubbe. A reply to: Prynne, William. The re-publicans and others spurious good old cause, briefly and truly anatomized. Annotation on Thomason copy: "May 16th"; "May. 16.". Reproduction of the original in the British Library. eng Prynne, William, 1600-1669. -- Re-publicans and others spurious good old cause, briefly and truly anatomized. Monarchy -- Great Britain -- Early works to 1800. Great Britain -- Politics and government -- 1649-1660 -- Early works to 1800. A94080 R203692 (Thomason E983_11). civilwar no The common-vvealth of Israel, or A brief account of Mr. Prynne's anatomy of the good old cause.: By H.S. Stubbe, Henry 1659 2782 19 0 0 0 0 0 68 D The rate of 68 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2007-02 TCP Assigned for keying and markup 2007-02 Apex CoVantage Keyed and coded from ProQuest page images 2007-03 Jonathan Blaney Sampled and proofread 2007-03 Jonathan Blaney Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion THE COMMON-VVEALTH OF ISRAEL , OR A BRIEF ACCOUNT Of Mr. Prynne's ANATOMY OF THE Good Old Cause . By H. S. Prov. 15. 2. The tongue of the wise useth knowledge aright , but the mouth of fools babbleth out foolishness . LONDON , Printed for Tho. Brewster , and are to be sold at the Sign of the Three Bibles at the West-End of Pauls , 1659. The Common-wealth of Israel , or a brief Account of Mr. Prynne's Anatomy of the Good old Cause . SIR , I Know you are very inquisitive of news since this miraculous Revolution , which God hath brought a bout by means altogether unexpected , for the salvation of his People amongst us : This morning I met with something which may no lesse divert you , then it hath for some time entertained me . The Cooks and the Grocers have once more excited Mr. Prynne to write , least they should be put to the expence of clean paper : the World is already satisfied , Mr. Prynne ▪ doth not diminish his repute by any such performance , and it is no small ▪ benefit to these his Abettors ; And this is the GOOD OLD CAUSE for which he now writes . I assure you the piece is genuine , and no way imposed on the Author ; it hath a large title page , and sundry insignificant Texts of Scripture prefixed ; it is as full of impertinency , rayling , lying and false quotations as any work he ever published . There is a great contest now on foot , whither the Juncto of Lincolnes Inn , or the Parliament at Westminster , adhere to the Old Cause ; and if so great Personages differ , I may be allowed to dissent from Mr. Prynne Bencher ( and Dancer at the late Revels ) in Lincolns-Inne . I say nothing to his Introduction , that piece need not be dismissed to the pastry , for I think there never will come out an enquiry to the end of the world , whereunto that may not agree . ( Pag. 1. ) He talks of a confederated Triumvirate of Republicans , Sectaries and Souldiers : I am sorry Mr. Prynne himself contributes so much to the upholding that Report , that himself hath lost his senses ▪ as to write thus . A Triumvirate , signifying only a Government of three joyntly , he must be destitute of common sense that finds out a Triumvirate of Republicans , Sectaries , and Souldiers , unlesse he will baptise each of them Legion , for they are many : I am sure this is not the good old Language . As for the good old Cause , he saith , He did not only superficially view the outside of it , but considerately penetrated into the true original seminal sourse and intrails of it . If he had not told us this , we had never guessed so much : But what did Mr. Prynne discover ? That the Good old Cause is a plot to blow up subvert destroy the King , Queen , Prince , Royal Posterity , Lords , Commons , Kingdom , Government , Laws , Liberty and Property of the People of England , yea the very constitution , freedom , power , priviledges of all true English Parliaments , the Church and Ministry of England ▪ and true Protestant Religion it self , formerly established , to set up Oligarchy , Anarchy , Tyranny , Oppression , Libertinisme , Marshal-Government , and all kind of Heresies , Blasphemies , Religions , Sects , yea Atheisme , Popery it self at last in their stead . I would Mr. Prynne would write sing-songs ; again to be Poet and mad , were natural , and his Fictions would not be lies . It is not a disgrace , but an indearmeat of the Good old cause , That it destroyes King , Queen , Prince , Lords and Kingdom in their political capacity , and that is all that is intended by it : To destroy the Commons ( whereof the Sectaries and Republicans , and Souldiers , are a part ) is impossible ; as it is inconsistent with a Common-wealth ( which is a form of Government , and an Empire of Laws ) to destroy Government , Laws and Property , or Freedom As for the pulling down the true Protestant Religion ( which is Lutheranisme , and which was never established here , though Cranmer were at first a Lutheran ) and setting up Heresies , &c. I understand not that , how it can be verified in a just and innocent Toleration , nor shall I ever comprehend it , till patience and long-suffering ( in Mr. Prynne's new language ) he rendred Active in signification . But the old Cause sets up Oligarchy , Tyranny [ and Marshall Government : ] These are such Synonymaes to express a Common-wealth , as none makes use of , but he that cals good evil ▪ and evil good . But suppose it did set up either of these ( for to erect both any man but Mr ▪ Prynne would think it impossible ) how shall it set up an Anarchy ▪ which is a 〈◊〉 of all Government , whereas Oligarchy , Tyranny Marshal-Government impose some ? If Mr. Prynne had any Philosophy , I would a●k him how Anarccy could be set up any way ▪ it being a thing of pure privation , and so not to be composed by positive actings . But why should you or any body expect Philisophy , where there is no sense ? Till it be proved , that our old Laws , Kingship , Church-state , &c. were good , it is a begging of the question , to think the pulling down of that is ignominious and execrable . Well , but you will say , that he proves Monarchy to be the best of Governments : Therefore it was an ill and not good Cause ( how old soever ) that pulled down Kingship . Truly Sir , this Lawyers Logick is as bad as Lawyers Latine ; for though our late Governors were called Kings , they were no Monarchs : The latter being a name for such only , who are absolved from all law , and may do what they please without any further use of others , then as Instruments and Counsellors : But our Kings could act no such things ; if the tryals and depositions of former Kings did not prove their subjection to coertion ; yet in that they could do nothing in taxes , or Law-making , but by the Advice and Consent of Parliament , they were no Monarchs . Thus all his Texts which make for Monarchy , do no way render the pulling down of Kingship illegal , or r●sh , but rather in part prudential , since that is not the best form of Government , as Mr. Prynne confesses ; Monarchy must have that preheminence , and so slavery becomes the best of conditions . I hope the Assembly at Lincolns-Inne will keep a Fast for the good success and prosperity of the Turk , that so they may have the best of Governments , a Monarchy . His Texts of Scripture are excellently impertinent , I never heard better answers at cross questions . Is Monarchy the best of Governments ? Yes in good sooth la ! for Jer. 21. v. 3 , 4. Then said Jeremiah , thus shall you say to Z●dekiah , Thus saith the Lord God of Israel behold I will turn back the weapons of war that are in your hands , wherewith you fight against the King of Babel , and against the Chaldeans which besiege you without the wals , and I will assemble you into the midst of this City . Might not Mr. Prynne as well have quoted any text in Scripture , in which the name of King is mentioned ? even that of , Tophet is prepared for the Kings of the earth . So Jer. 17. 25. Then shall the Kings and the Princes enter in at the gates of the City , &c. THEN , that is , after the captivity , they had no Monarchs in Israel : such were only they that were the Descendants of David , as the Jewish Rabbins tell us , and they were subordinate to the Sanhedrin , and might be scourged by them in case of offence : So that this Text proves nothing ( but yet as much as the former ) that Monarchy is best , but for the Paramount dignity of Parliaments over the Kings . But you may reply , that it is promised as a blessing , and therefore that is better then a Republick . I answer , That where the executive Power is in one person triable by a Sanhedrin upon breach of Law , it is a Republick , and the controversie is meerly Grammatical , whether this or that is duly named . So that Mr. Prynne here proves a Common-wealth to be the best form of Government . But is not Mr. Prynn a man of admirable qualities to be followed by any , that can think there is any Government absolutely best , and abstracting from circumstances ? It is the posture of the Nation , and the disposition of the People , which makes this or that Government best here or there . In France a Monarchy at present is best , but an extraordinary revolution may so order things , that it may be as little feasible there , as amongst us ; and where the Land is so modelled , it is a blessing to have a King : All that Ezekiel saith is , that God did bless Ierusalem , and she fared deliciously , and was very beautiful , and did grow up to a Kingdome ; and her name was spread amongst the Nations for her beauty , Ezek. 16. 13 , 14. What then ? he doth not say , that Monarchy was the beauty he put upon her to make her perfect ; but that beauty was precedaneous thereunto : and it was for that she was famous among the Heathen . These are pretty allegations ! Monarchy is so far from being proved best here , that it is not so much as said to be any way GOOD . In Deuteronomy no more is said to the advantage of Monarchy , then is to be expected from Mr. Prynne's quotations , Deut. 17. 14 ▪ When thou shalt come unto the Land — if thou say . I will set a King over me ▪ like as all the Nations that are about me . Then thou shalt make him King over thee — and thou shalt write him this Law ▪ — I had thought that Mr. Prynne would have thought If 's and Ands to prove nothing ▪ such suppositions infer nothing but the conveniencie of tying a King to Laws , if one be chosen , not that it is best to choose one . God did institute a Common-wealth in Israel , as Mr. Harrington hath excellently shown ▪ and the rejecting thereof he cals a rejecting of God , 1 Sam ▪ 8. v 7. I desire all judicious ▪ persons to read that Chapter , and consider the preheminence of the best of Governments , viz. Mr. Prynne's Monarchy . He pleadeth for Monarchy because God is a King , and this he proves by sundry Texts ! I would too submit to a Monarchy , if my King were omnipotent , omnipresent , omniscient , without passion or shadow of change . This is not for the advantage of every Monarchy , no more then if I should say , it is better to ride on horseback then go on foot ; Ergo , le ts go buy hobby-horses : If God and Christ were as men , passionate and fallible , they should not be my Monarchs . In that he cals the Good old Cause Iesuitical , it is not such accusations will make it censurable : The Iesuits are ( generally ) against Bishops ; so is Mr. Prynne ; Ergo , it is Iesuitical to be against Bishops : Bellarmine too is for Monarchy , and saith , it is the BEST of Governments : so sayes Mr. Prynne too : you see then by his argument , Mr. Prynne of Swanswick is a Romish Iesuite . The Dominicans are against Free-will , &c. so is Mr. Prynne , Ergo Mr. Prynne is a Dominican . The Pope is principally against a Toleration , so is Mr. Prynne ; Ergo , he is an errant Papist . But primitive Christianity , under Christian Emperors , allowed and avowed an universal Toleration , with a capacity for each not differing in Opinions , but Religions , to be preferred to the highest dignities ; Ergo , the Good old Cause is agreeable thereunto , and justified by their judgement as well as practise : But of this I shall more at large discourse against Mr. Prynne , or any else that defie the Hoast of Israel : My hast permits me to adde no more , but that you may find an ample confutation of all that Mr. Prynn either hath , or shall write , in Pantagruels Library within New-Colledge in Oxon : by the name of Tartaretus de modo cacandi ▪ I am , Sir , Yours , &c. FINIS . POSTSCRIPT . SIR , I Suppose these reflections may suffice for to evince the goodness of the Cause against Mr. Prynne ; and to let you see that his writings have much of the Lawyer in them ; high charges and imputations are but words of course with them ; and all that cry he makes , is but the way of the mans indicting . As to the Antiquity of the cause ; ( though I might say with Tertullian upon another account , illud prius quod verius , Truth , Reason , Honesty , and foundations upon nature , will make a cause not only better but older then any plea from musty records , and concessions extorted from Tyrants ) enough by other penns hath been said ; and what he saith was never the design of the Parliament , was objected to them for such by their quick sighted adversaries . I cannot examine his proofs , but you may conjecture by his Scripture allegations how his others would appear upon a review . It is clear from the covenant , that the generous English never intended the defence of the King , otherwise then as it was consistent with the subjects liberty and priveledges of Parliament . As to the seclusion of members , I understand not why if some betray their-trust , others may not be faithful , Mr. Prynne once taught , that if the house of Lords dissented and refused to provide for the safety of the people , the house of Comomons alone might do it : why may not a part of the latter house take the like care upon the like exigency ? I profess I see not how one is a greater breach of priviledg then the other : or less inconsistant with Mr. Prynnes Similitude used by him in his defence of the Warr against the King , viz. As in a storm , if the Marriners are drunk or neglect their duty , or drive upon rocks , the rule of selfe-preservation permits any body to interpose . So is there not as great a danger now as ever , of the Nation ? may we only use arms to provoke , not secure ? and take them up that we may lay them down at the feet of Kings together with our necks , to be trampled on ? It were more prudential in case of oppression to go with halters at first , and so to encline to mercy , then to enrage them , and then give them opportunity to satisfie their fury . B06712 ---- A worthy panegyrick upon monarchy; written anno MDCLVIII. / By a learned and truly loyal gentleman, for information of the miserably mis-led Commonwealths-Men (falsely so called) of that deluded age; and now revived by one that honours the author, and the established government of these nations. A learned and truly loyal gentleman. 1680 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B06712 15091612 Wing W3633 Interim Tract Supplement Guide C.20.f.2[132] Interim Tract Supplement Guide C.20.f.4[142] ESTC R35272 99890020 ocm99890020 182811 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B06712) Transcribed from: (Early English Books Online ; image set 182811) Images scanned from microfilm: (Early English books; Tract supplement ; A1:1[133]; A4:2[143]) A worthy panegyrick upon monarchy; written anno MDCLVIII. / By a learned and truly loyal gentleman, for information of the miserably mis-led Commonwealths-Men (falsely so called) of that deluded age; and now revived by one that honours the author, and the established government of these nations. A learned and truly loyal gentleman. 1 sheet ([1] p.). Printed for W.B., London, : MDCLXXX. [1680] Verse: "If wanting wings one may ascend the skies ..." Reproduction of original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Monarchy -- Poetry -- Early works to 1800. 2008-02 TCP Assigned for keying and markup 2008-03 SPi Global Keyed and coded from ProQuest page images 2008-04 Mona Logarbo Sampled and proofread 2008-04 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A Worthy Panegyrick UPON MONARCHY ; Written Anno M DC L VIII . By a Learned and truly Loyal Gentleman , for Information of the miserably mis-led Commonwealths-Men ( falsely so called ) of that Deluded Age ; and now revived by One that honours the Author , and the Established Government of these Nations . I. IF wanting Wings one may ascend the Skies , And Phoebus view , without an Eagles Eyes ; Then Rouse up ( Muse ) from thy Lethargick Strains , And ( having first invok'd the God of Brains ) Let the Grand Subject of thy Measures be , No Soul to England like a Monarchy . * II. It is the Image of that Domination , By which Jehovah rules the whole Creation ; Angels nor Saints , do in his Kingdom share , God is Sole-Monarch , they , but Subjects are : Whose Laws are such , as when they did Rebel , Sequestred not , but sent them strait to Hell. III. As Old , as that Paternal Sovereignty , God plac'd in Adam , rul'd his People by ; Disown'd of None , but them whose Minds aspire , And Envy ONE should have what All desire : For be 't a Few or Many we live under , Such shall repine , still , whilst not of the Number . IIII. The Antients did a Monarchy prefer , Made all their Gods submit to Jupiter ; And ( when Affairs and Nations first began ) Princes DECREES were th' only Laws of Man ; Experience will avow it , where there 's any , One HONEST MAN is sooner found than MANY . V. The Rational Soul performs a Princes part , She rules the Body by Monarchick Art ; Poor Cranes , and silly Bees ( with shivering Wings , ) Observe their Leaders , and obey their Kings : Nature her self , disdains a Crowded Throne , The Body's Monstrous , has more Heads than ONE . VI. 〈◊〉 Monarchy's that Politick simple State , Consists in Vnity ( inseparate Pure 〈◊〉 entire ; ) a Government that stands , When others fall , touch'd but with levelling hands : So Natural and with such Skill endu'd , It makes ONE Body of a Multitude . VII . In Order ( wherein latter things depend On former ) that 's most perfect doth attend On Vnity : But this can never be The Popular State , nor Aristocracy ; For where or All , or Many bear the Sway , Such Order , to Confusion leads the way . VIII . A Monarchy more quickly doth attain The End propos'd ; for 't is the Single-Brain That ripens Councel , and concealeth best Princely Designs , 'till Deeds proclaim 'em blest . Whilst Numerous Heads are rarely of one Mind , Slow in their Motion , lowder than the Wind. IX . Treason , nor Force , so suddenly divides Th' Vnited Strength that in a Crown resides : Sedition prospers not , it seldom here , Results an Object of the Prince's Fear : Then when an Empire , Rome was ne'r so strong , Nor Triumph'd under other Rule so long . X. A Monarchy abates those Feverish Fits Of Emulation a Free-State begets : A Prince cannot his Reins so quickly slack , Or throw his Burthen on anoth●●● Back : But where so many Rulers 〈…〉 e Command , The Work 's transferr'd , and toss'd from Hand to Hand . XI . The People , or the Nobles to debate The deep Concernments of a troubled State , Set Times and Places have assign'd them , they First meet , and then adjourn from Day to Day ! Whereas a Monarch , who by Nature's ONE , Deliberates always , never's off his Throne . XII . But hold ! Me thinks I see the three Estates Conven'd ; thrown open Prison-Doors and Grates , Extinct our paltry Jealousies and Fears , Grace offer'd to All , but Cavaliers And — ! yet with Patience they abound , In Hopes of Better , now the Wheel go's round . Britannia ab initio mundi semper fuit Regia & Regimen illius simile ille Caelorum . Howel . LONDON , Printed for W. B. M DC LXXX . Notes, typically marginal, from the original text Notes for div B06712-e10 * Monarchia â Monos Archôn , The Rule of one Prince or Governour without a Peer , or the Government of one man over many . As in England & c. A34420 ---- Monarchy, no creature of Gods making, &c. wherein is proved by Scripture and reason, that monarchicall government is against the minde of God, and that the execution of the late king was one of the fattest sacrifices that ever Queen Iustice had ... / by Iohn Cooke ... Cook, John, d. 1660. 1651 Approx. 275 KB of XML-encoded text transcribed from 96 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A34420 Wing C6019 ESTC R20620 12117428 ocm 12117428 54357 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A34420) Transcribed from: (Early English Books Online ; image set 54357) Images scanned from microfilm: (Early English books, 1641-1700 ; 88:9) Monarchy, no creature of Gods making, &c. wherein is proved by Scripture and reason, that monarchicall government is against the minde of God, and that the execution of the late king was one of the fattest sacrifices that ever Queen Iustice had ... / by Iohn Cooke ... Cook, John, d. 1660. [56], 134, [1] p. By Peter de Pienne, Printed at Waterford in Ireland : 1651. Reproduction of original in British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Monarchy -- Controversial literature. Great Britain -- History -- Commonwealth and Protectorate, 1649-1660. 2006-08 TCP Assigned for keying and markup 2006-09 Apex CoVantage Keyed and coded from ProQuest page images 2006-10 Jonathan Blaney Sampled and proofread 2006-10 Jonathan Blaney Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion MONARCHY No creature of Gods making , &c. Wherein is proved by Scripture and Reason , that Monarchicall Government is against the minde of God. And that the Execution of the late King was one of the fattest sacrifices that ever Queen Iustice had . Being a Hue and Cry after Lady Liberty which hath been ravished and stolne away by the Grand Potentates of the Earth . Principally intended for the undeceaving of some honest hearts who like the poore Iewes cry , give us a King , though they smart never so much for it . By IOHN COOKE late of Grayes Inne Esquire , Chief Iustice of the Province of Munster in Ireland . Hosea the 8. and 4. They have set up Kings but not by me , they have made them Princes but I knew it not . O Israel ( O England ) Thou wouldst have destroyed thy selfe but in God is thy help , he will be thy King. Hos . the 13. 9-10 . I gave thee a King in mine anger & took him away in my wrath . Printed at Waterford in Ireland , by Peter de Pienne ; in the yeare of our Lord God , 1651. To the Supreame Authoritie of the three Nations the Parliament of the Commonwealth of England . Most Renowned Senators , who like the Heavenly bodyes , having for many yeares been in continuall motion for your Countreyes good ; have by Gods blessing upon your unwearied labours after so many Hericanes by vertue of the Act of May 9. 1649. brought the Ship of State to Anchor into its desired haven , and setled that forme of Government which was appointed for Gods peculiar people who chose a man of every Tribe , a head of a house , Captaines of Thousands , and of Hundreds , famous , Choyce and mighty men of vallor ; Chief of the fathers of the Children of Israel , to assemble at Ierufalem in publique Councells ( 1 Numb . 4. 2 Chron. 1. 2. and 5. 2. ) a Commonwealth and free State ; governed by their Representatives in Parliament , and such whom they shall appoint for the good of the People ; of which blessed Statute 〈◊〉 onely say this , that since the Apostles dayes there was never more Divinitie , Reason , and Eloquence , in any writing , for ( as it is said of humility ) it is not onely a vertue but a ground worke for , & a vessell that containes all the rest , so this Statute is that only Law ( of the Medes & Persians ) that is unchangeable & consequently above the Law makers , for a free people may not make themselves subject to any mortall man , that rule of my Lord Bacons , that the supreme power may not binde but dissolve it selfe , being to be understood from Monarchy to a free State , but not from liberty to slavery . But I observe that few understand the true ground and reason of it , looking no further then at the wickednes of Kings , their oppressing ; burdening , impoverishing , and enslaving the people , and so make it an Act of selfe-love to ease themselves in casting their riders , as if good Kings might be tollerated , who giving the people many good words and some few good Acts of grace enslave them faster ( as the Sun sooner takes away the travellers cloake then the winde ) like those which we call good witches , that seeme to cure one that they may without suspicion bewitch twenty , whereas if any man shall aske why hath the Parliament abolished the Kingly office in England and Ireland ? the answer is , because God commanded them so to doe , that it was not out of any affection of change , nor yet onely for the ease of the People , but from a Divine precept and consciencious principle in the faithfull discharge of their duty to God and man ▪ that for any people willingly to suffer Monarchy is to make themselves wiser then God who hath told us that there are no Lawes so righteous as those which it pleased him to give to his Elech People to be governed by Deut. 4. 7. For what Nation is there so great that hath Statutes and Iudgement so righteous as all this Law that I set before you this day , the very first of which Lawes was that wise men and understanding knowne to be such among the Tribes should be Rulers and heads of the people Deut. 1. 13. An Elective Aristocracie being a principle in nature for wise men to governe ignorants , as parents their little children that cannot order themselves ▪ for I can finde no other ground whereon the conscience of a Christian can rest with any satisfaction , but the Law of God , hee whose Conscience beares him witnesse that he would have had no hand in the Kings Death , no finger in the change of the goverment , but in a dutifull conformity to the Law of God , from the Divine authority ( which not to have done had been flat Rebellion against God , and a contempt of his holy Law ) sleeping and waking will be at rest ; that to have made an agreement with him had been but to put a Crowne of Gold upon him and a Crowne of thornes upon Iesus Christ , the saving of him had been the beheading of all holines and righteousnes , the sparing of him would have been of far more mischievous consequence then the sparing of Agag , and if the life of the Parliament and therein the lives of all honest people had not gone for his ; Certainely never can any true Christian that would have taken in his interest be quiet in his Conscience without repentance : Iudge Fortescue ( chap. 5. hath a story of a Gentlewoman at Salisbury , who being accused by her owne man for murdering her husband , was upon his oath without any further proofe condemned and burnt to ashes , but within a yeare after it was discovered that the Accuser was the murderer , who cleered his Mistris , though too late ; but the Iudge who suffered the Iury to finde her guilty upon a single proofe ( not informing them what proofe was necessary , the Law of God requiring two witnesses at the least , in such cases , Num. 35. 30. who so killeth any person , the murderer shall be put to death by the mouth of witnesses , but one witnesse shall not testify against any person to cause him to dye ) was so troubled in minde that he confessed that he should never be able to cleere his conscience of that fact ; You that professe your selves to be Christians and yet would have taken in the Interest of a murderer who was the principle Author ▪ Contriver , Abettor , and Countenancer of the effusion of somuch Innocent Blood , Rapines , devastations , depredations and desolations in England , Ireland and Scotland , for an unjust prerogative , read the next verse 31. yee shall take no satisfaction for the life of a murderer which is guilty of death but he shall surely be put to death , and know that it is onely the blood of Iesus Christ ( which cleanseth us from all sin ) that can purge you from that sin ; which calls for repentance in all sorts of people , Levit. 4. 2. 27. And certainly if that Iudge was haunted with the Ghost of that Gentlewoman for an omission in his dutie in manner as aforesaid , or per adventure for not giving strict charge to the Iury to enquire diligently into all the circumstances ; how can any Christian hope to sleep in quiet , so long as he murmurs and complaines against the Iustice done upon such a murderer , and God being as infinitely Glorious in Iustice as in mercy , all that are for Christ are commanded to rejoyce that he hath avenged the blood of Barrow , Greenway , Tisdall , Coppinger , Mr. Burton , Mr. Prin and Dr. Bastique , and other his persecuted servants upon that state of men which were most guilty thereof Revel . 18. 19. 20. and to blesse God that the , roaring of the Lion , the voyce of the fierce Lion , and the teeth of the young Lions are broken ▪ the old Lion perished for lack of prey and the stout Lions whelps scattered abroad , Iob the 4. 10. and Psal . the 58. 6. 10. It is not my private interpretation but the learned Divines and their anotations , that by Lions are meant Tirants , and by whelps their children that Anti-Christian state of men that would be obtruding and enforcing Liturgies and Directories upon Gods people . Elay 14. 13. 14. that will be like the most high , making their will a Law , giving no reason or account of their actions , he that opened not the house of his prisoners must be cast out like an abominable breach verse 17. 19. and verse 21. prepare slaughter for his Children for the iniquity of their Fathers that they doe not rise nor possesse the Land , nor fill the face of the world with Cities for the name , Sonne , and Nephew must be cut off , and that 58. Psal . compared with Esay 7. 5. 6. seemes as it were to prophesie and point at the third of September last that what ever evill Councell should be taken against the good people in England , to set a King over them even the Son of Tabeall , thus saith the Lord God , it shall not stand neither shall it come to passe the great teeth of the young Lions are broken , those wicked Instruments whereby they would hurt shall melt away and be cut in peeces , therefore shall the righteous rejoyce with Anniversary solemnities , for that there is a God that hath Iudged in the earth , I have endeavoured to satisfy the people that the great Gorgons head that hath so long inchanted them , was Sacred Majesty , and to evince it by Scripture and reason that Monarchicall Goverment was never of Divine Institution ordeyned in love to any Nation but by a Divine permission hatefull in its nature , as Adultery or Murder , & most unnaturall for fooles to governe wise men , and that in matters of Iustice the Law must not be set by the Scripture and not repugnant to it , otherwayes we set the Sun by the Diall , which must not be understood as if there were a president or example to be found in Scripture for every case , for mens actions are so infinite , that there will be different cases as differing faces not alike in all particulars ; but the principall cases of moment are to be found in Scripture , and such generall rules , exemplars , and Idaeus , are there laid downe that every man may thereby be assured of the Iustice of any partitular case that hath a minde studious therein , and that no law ought to be made till it be examined by the word of God. And because I know that nothing is more welcome to your Honorable wisdome then truth and nothing more honored then sincerity in the Inner parts , therefore I humbly crave leave to speake a few words concerning this weighty and Important matter of the Rule of Iustice , I have seene some Treatises wherein the Spirit of God ( who is Iustice and Truth ) is much breathing concerning a Reformation or rather a new plantation or foundation of Lawes proceding , I am confident from consciencious principles , and a pure love to Iustice and the publique good ; but its possible that there may be some spots in the face of Venus ; I conceive in generall that Civill prudence for governing of a State and Commonwealth , is to be fetcht and drawne from the sacred fountaine of Scripture rather then the puddles of history , the Law of God being the generall directresse of all lawes as the NorthStar directs the Sea-man to his Port , not that wee should dispise human learning ▪ for Moses and Daniel were learned in all the wisdome of the Chaldeans and Egyptians , and the least sparks of the Image of God are not to be neglected ; this I say of learning that it is a Iewell so excellent in it selfe that it shall never have but one enemy which is the ignorant man ; It is most true , that human wit and pollicie hath beene much of that smoake of the bottomlesse pit that hath blinded the eyes of many Nations , but God grant ( I wish it from my heart ) that England which twelve or twenty yeares since so much Idolized learning be not in another age as much plagued with ignorance ; as it is a mistake on the one hand to confine the attainement of learning to places that no man should be a Magistrate or Minister that hath not been educated at the Inns of Court or Vniversities , for provided men have parts , & abillities , the place where or manner of acquiring them is not materiall ; so on the other hand to hold that all honest , godly men , are fit to be Magistrates or Ministers is as unsafe , for though it is fit that every Magistrate or Minister should be an honest man , yet every honest man is not fit to be a Magistrate or a Minister , I am perswaded that there are fewer , converted and regenerated in this last ten yeares notwithstanding the multiplicities of Sermons and glorious freedome of the Gospell , then there was in ten yeares before ; though there was scarce then one Sermon for many since , because the generallity of people neglect a soule searching powerfull , learned Ministery and follow others who though they may be Godly , yet are but a voyce in comparison ; there may be some persons which are not called to the Barre that are fit , and able to be Iudges , men famous for Godlines and excellent in wisedome and reason , which must be the life of all human lawes without exception , but that any man should be fit for such an imployment that hath not a good stocke of learning and discretion , as some men seeme to insinuate ; I confesse it is above my apprehension ; I doe exceedingly honor the whole fabricke and forme of the Israeliticall pollicie ; and certainely no Councell can well governe any State , where Christ is profest ; that neglecting that sacred Law , shall fetch the Rules and limits of Iustice and equity from other histories , for human prudence is in many things blinde , and in others perverse ; & he is but a profane estimator of Gods VVord , that shall thinke any human Lawes to be as good as the Lawes of God ; it is true that since Christs time the Scepter is departed from Iudah , and the Law-giver from among his feet , but the Equitie of that Iudiciall Law which shines in those Institutes is Morall and perpetuall ; Circumstances only being changed , and some particular cases excepted ▪ according to the nature or disposition of severall people , some requiring a straiter bridle then others ; for was there ever such wise Kings in the world as Moses , David , and Solomon , whose famous Acts recorded in Scriptures , are not onely propounded to us as examples of Pietie ; but of true Prudence and VVisedom ; and the Gentills , even the wisest amongst them as Solon and Plato acknowledged Moses Lawes , to be the best and most learned and travailed into Phaenicia Syria , and Egypt , to be acquainted with the people of God ; and their Lawes ; and because Plato borrowed so much from Moses therefore hee is called Mosen Atticum , and Pythagoras spent two and twenty yeares with the Priests and Prophets , and then went into Italy where hee instructed six hundred Schollers in the wisedome of Moses and the Egyptian writers called Moses , Andra , Daumaston ki deion , Virum admirandum ac divinum , certainly the Platonists were therefore counted the best Phylosophers , because they came neerest to Moses Law , and had it not been for Monarchicall Goverment all the world had long since been governed by the Lawes of God in matters of Civill Iustice ; that high commendations which is given of our Lawes , that if Adam had not sinned in Paradice all the world should have been governed by the Common Law of England , is either Complementall and Poeticall ▪ or els must arise from that Maxime , that the Law of England is grounded upon the Eternall Law of God , right reason and pure naturall principles and that sentence of better it is to go to the fountaine then to follow the streames , is very excellent , if it be rightly understood , of the Law of God ; which is the fountaine of all true Iustice , Iosephus sayes , that Ptolomy Phyladelphus , the most prudent of the Egyptian Kings , when Theoprast had sent him Moses Law in Hebrew , he sent Embassadors to the Iewes to intreat them to send men skilfull in Hebrew ▪ and Greeke to translate it into Greeke , which being done hee made it in force throughout his Dominions ; but how little doe Christians prize this good Law of God , 1 Tim. 1. 8. which place must needs be intended of the Iudiciall Law , as my honored friend Mr. Peters hath rightly observed , for he speakes of the Law against Murderers and VVhoremongers ; did Plato and those famous Law givers light their Candle at Moses Law , making use of Scripture for Civill wisedome , though not for their Religion ? and shall Christians that have such a Treasure in their hands as the holy Lawes of God , make no use of it for the Civill pollicie of States for which the Iudiciall Law was principally intended ? I never understood any other Reason of Clergy mens sitting in great Councells , but that no Law might be enacted till it were examined by the Law of God , and the Levites being Iudges amongst the Iewes does not prove that one man may have severall callings , for all true reputation consists in the discharge of a mans proper profession , but that the Law of God was as their Civill or Common Law , Iustice is the end of the Law , the Law is the Commonwealths servant ; the Magistrate is Gods Party , and the Image of God ; therefore the Law must be in substance according to the modell of the Law of God. Blessed be God for the many good Lawes that have been made since Ianuary 30. 1648. yet still I heare that the great cry in England is Reformation of Lawes no doubt there may be abuses and errors specially in the practicall part of the Law , and I know , it is and hath been long in your Honors Breasts to Rectify and Reforme them , and to settle an expedient for speedy , cheap , and sure Iustice to run downe , not by drops , but like a mighty streame , Amos 5. 29. in a quicke , constant and invariable way ; I confesse I am something troubled at the diversitie of honest mens opinions in this particular ; some looke upon it as a more difficult worke then abolishing the Tirannicall Goverment , that Lawyers will struggle asmuch for their interests , as Bishops did , that many honest men must be disobliged who have been cordiall to the State , and must suffer Diminution in point of Fees , and so conclude that the worke is not done , because it cannot be done , though it be the earnest desire of all honest men , yet the difficulty of the worke discourages the enterprise , as Columbas and others who discovered the westerne Plantations knew that there was Land there ; but lookt upon the voyage as insuperable , whereas ( to my weake apprehension ) there will be no such great difficulty in the thing , for first as to suites already depending either they are for weight and number like the sands of the Sea , in comparison or may be all ended in a few mouthes ; indeed after Civill warrs , what by reason of former obstructions in Courts of Iustice ; and personall Animosities there must needes be aboundance of suites , and therefore in Germany , France , and other Nations upon the settlement of a Peace , they usually passe an Act of Oblivion or grant Commissions for determining them in a summary way , dispensing with the solemnities of their Imperiall Constitutions and municipall wayes of proceedings , the people having been so exhausted by the warrs , being not able to undergoe tedious Circucularities in their Law-matters ; for the remedy would prove worse then the disease ; and then for the future , men will not be so contentious , when they see that it is in vaine to begin or defend unjust or vexatious causes when delatorie and declinatorie pleas and exceptions ( like the Sea-marks ) are to be avoyded and will not be allowed ; for this I observe , that no man wages Law , but in hopes to cast his adversary , if not by the merit of the Cause , yet by crosse suites and clapping great Actions upon him who is not able to give Bayle thereunto , or by the Defendants wearying out the Plaintiffe , and forceing him to become Recreant , like the Tryall by battaile , if the Defendants Champion can hold out so many houres his innocence is presumed , or like the Tyrant that threatned Death to one , unlesse he would make his Asse to speake as Balaams did ; which hee undertooke to doe in three yeares ; and his friends judging him to be in a desperate condition , he said , that within that time , either he or the Tyrant , or the Asse would be dead ; but when men shall peeceive that it is but an expence of time and of coyne to defend unjust suites or to Comence frivolous or malicious Actions ; the parties will agree , and there will not be one suite of twenty , and for difficult matters experience shewes us that speciall verdicts are very rare , and not one Exchequer Chamber cause of one hundred ; As for the time of this Reformation , no doubt but the sooner the better , matters of safety and security against common Enemies , and dangers , being in the first place lookt after and throughly provided for ; otherwayes it is but to looke after the bootie before the victory be wholly obtayned , but then with all possible expedition because as to the malignants in England , specially such as make any Consciencious scruples about great Mutations there is nothing will so soone win their hearts and settle their mindes in conformitie to the present government as the Regulating of the Course of Iustice which belongs to all men as men onely , and not as Christians ; it is not the force of power but the force of reason that conquers hearts , and certainely as the spring is best for purging naturall bodyes , so is the spring of a Commonwealth the most proper season for rectifying bodyes politique , when the wheeles of Reformation are well oyled , and in a true motion , no man thinks himselfe a looser , though he suffer in his particular , because the publique is a gainer , and it is but the Law and necessity of the times , but let that motion cease and the clock stand a while there comes a rust ; & it is difficult to raise the Bell in ringing , and that which before would have been counted a just and necessary reformation will be called ( by persons interested in point of lucre ) a dangerous innovation . But it is not in Law as it is in Religion ; It was great wisedome to put downe and extirpate the Hierarchy before any order or government was agreed upon , but if there were ten grievances for one in the Law , it would be lesse mischievous to Continue them all then to have no Law at all , for should the force of the Law be suspended but one day scarce a man living but hath some enemy or other that would destroy him in body or estate in that time ; Nor is it lawfull for any Iudge but onely for the supreme authority to remove a stone which is ill placed in the building ; Lawes that are made by publique consent are not to be judged or censured by any but the Law makers , because by them all judgement is made ; as Iustice ( which is to doe reason to every man ) is the end of the Law so the Law must be the rule of that Iustice ; a Iudge must not judge of Lawes , but according to Lawes , and no man must be wiser then the Law , are excellent maximes , the Law is the hedge of every State , and he that breaks downe the hedge shall be bitten with Serpents : I consesse it would be most honorable for the Reverend Iudges and learned practisers of the Law to present an expedient to that good effect , and to doe it so effectually as to challenge all rationall knowing men to finde out a better ; Men that travaile a Road daily can the best tell every deep and dangerous step in it , it is no such hard matter to observe where and how honest causes many times miscary and dye for want of formall and Regular proceedings occasioned through the want of friends or money as many poore sicke people dye for want of looking to ; it is no such hard matter to discover the defects and errors in a mans profession , nor to propound an expedient for Civill Iustice , to satisfy every honest man without hurting any mans person , or destroying him in his livelyhood onely pareing the nayles of some superfluities , but as there was no light in the beginning till the Lord was pleased to say , Let there be light , which was not onely an imparative but an operative word , so in the infancie of a Commonwealth every thing is to be done in order ; as many a man may lye long sicke without any fault in the Physician , physique , or patient , so may it be in a body Politique , weighty stones require a long time to be layd in a building , & sometimes the impatience of the sicke Patient records and hinders the cure . I crave leave to say a word in faithfulnes to the Reverend and learned practisers of the Law my honored Fathers , and beloved Brethren , this is my opinion of us ▪ if we be like the willow that will bow and bend and help forward a reformation purely to purge the drosse , and to take away all the Tin that is in our profession by rooting up those unnecessary delayes which are like pricking bryers and brambles about the Vine of Iustice retayning but what is morall and rationall ; Iudging that to be Law which is a decree of practique , reason agreeing with the Law naturall and eternall , then shall we be Iudges as at the first & Counsellors as at the beginning , I say in that case we live ; but if we be like the Oake that will rather break then bow ▪ if we stand upon the Excellency and the Antiquity of our Lawes because they came in with the Romans and were never altered by Danes , Saxons , or Normans , then it is death , and so it will be of all other professions or misteries where people finde themselves grieved and straitned in their liberties what ever questions may be made ▪ as what will you destroy the Law ? if they cannot untye the knot they will cut it , they will have a Law but it shall be for their owne good and so plaine that they may understand it , els they will not be bound by it ; the Law is but a servant to the Commonwealth if it be found inconvenient or mischievous in Theorie or practise it must be changed , and no doubt but many formalities and ceremonies must be buried in the sepulcher of Monarchy , many old formes and cursary observations which exalt themselves must like the Ceremoniall Lawes of the Iewes vanish and dissolve ; a learned Iudge shall not be directed in making Orders , or giveing Rules by the ancientest Clarke ▪ but what is morall , rationall and equitable according to the judgement of Godly learned men shall be the Tract and Course of every Court ; and Law and Equity ( which are the greatest antagonists in the world ) shall be made friends and looke the same way , I say not in substance but many ceremonies and formallities in the practise of the Law must vanish upon the settlement of the Commonwealth upon its true Basis even as the old shadowes and Legall ceremonies of the Iewes did disappeare and vanish at the coming of the substance , but wee know that there was much strugling to maintaine them , and the Apostles did not absolutely condemne such as were zealous for their old practises , they thought it better to temporize a little , and to give the Ceremonies a decent funerall gradually as the people were able to leave it rather then to struggle too much and destroy all that are contrary minded , and Pauls councell in the 15. of the Acts is full of divine wisedome , that where God hath put no difference betweene Christians , but purified their hearts by faith they should not oppresse one another through difference of opinions , though it was about a great ordinance ( a Scripture that should make many Christians ashamed for refusing to joyne & walke with such in Christian societies that are not in every thing alike minded with them ) all honest Patriots and faithfull servants to the Commonwealth are not happily of the same judgement about the Reformation of the Lawes and setling the course of the practise , yet are not therefore to differ in affection , but being intent upon the popular utillity , and therein all agreeing , there is much prudence required , not to disoblige honest men so to reforme for the publique good as not to destroy private Relations , the Monks and Friars had a maintenance upon the dissolutions of Monasteries , and God forbid that any man that hath an office or imployment which is not evill in it selfe but by accident , should be destroyed & turned a begging I hope we are none of us possest with that perniciousiprinciple of the Popes infallibility , nor much taken with that tale of Counsell given to our late King in Spayne upon a set of Diamond buttons that he had in his dublet all fastned by one thred , one of them slipping they all fell off , sayes a Grandee there , so it will be Sir in England if you part with an inche of your prerogative , if you suffer any reformation it will be your destruction , we see what became of it ; I presume better things of my honored brethren in England : Let us not be like that generation of men the Bishops that hated to be reformed ; so the Commonwealth florish it is no matter what becomes of our practizes ; wee are members of that Body , and if it goe well with the State it cannot goe amisse with us ; God forbid that any one of us should be counted of so bad and corrupt a principle , as rather to keep three Nations in a lingring consumption then deny our selves in point of diminution of gaine , it is not necessary that we should live , much lesse exact great matters , but that Iustice be easie and speedie , and mercy showne to the poore is the only thing necessary ; Indeed the the greatest part of my feare is , that many Godly honest hearts are possest with an opinion that knowledge is not requisite in a Commonwealth as under a Monarchy , as if learning was onely for a Court and for the splendor of Majestic , which indeed is the glory of all Nations . The Lord deliver England from three sorts of Mountebancks , Iudges , Ministers , and Physicians , that have but one saddle for all horses , that getting upon a bench talke of great cures , and if they cure one for a hundred that miscarie ; they are admired , like some old witches ; not knowing the reason or cause of any effect or operation , which is the onely currant learning , one mans reason ( like his money ) being as good as anothers ; the grand reason why the learned Iudges in E. 3. and H. 6. and E. 4. times , and since , have not endeavored a Reformation of the Lawes hath been for want of consideration to what end the Law was ordained ; they have been very learned in book cases ; in the historicall part , that such a Case was so adjudged ; but the reason of that Iudgement , whether for the publique good or to advance prerogative they lookt not after , neglecting the polliticall part and end of the Law : And not tracing the Kings of England , in their foundations and footsteps of Tyrannie ; in so conferring all places and offices of Iustice in the severall Courts that it might mount ( like a Piramis ) to advance prerogative ; but certainly the greatest miserie to an Innocent is the ignorance of the , Iudge for what conscience can there be where there is no science , what Iustice can be expected from such ( though honest and godly men ) that neither know what Iustice is , nor what Law the rule of Iustice is , nor why such a Case is Law , but doe Iustice right or wrong , as we say Proverbially , if the Plaintiffe demand a hundred pound give him fifty pound to make them friends ; and if a tall man have a short cloake , and a low man have a long cloake let the tall man have the long cloake for conveniencie ; and truly Title Conveniency will be very large ; indeed the Law ought to be plaine and easie , obvious to every mans sence & apprehension ; but if every man did know the Law , that is not all that is requisite in a Iudge . There is first , Patience ; to heare all that can be said , which men that know but little ( though never so honest ) will not have , for those that have but little science quickly pronounce sentence ; a wise man never thinks he hath heard Parties and Councell speake enough . There is doubtlesse much learning required in a Minister to be able to speake to a Case of Conscience , to compare Scripture with Scripture , and to search for Truth as in Mynes , which is a laborious work ▪ indeed if there were a plaine Precept for every duty , and a litter all expresse prohibition against every sin , there would be the lesse need of learning in the Ministery ; but many truthes lying deep , ( though every believer hath the Spirit of God , to apply the Blood of Christ to his owne soule ) yet without the bucket of human learning ▪ and strength of reason , he will draw but little for the good of others ; the not understanding whereof hath already introduced a grand error , that many grosse sins are no sins , because not litterally forbidden , and many duties neglected , because not commanded in expresse te armes in Scripture , though by necessary deductions made manifest by the help of reason ; though Lea , Rachell , and Sarah furnished their husbands with other women , and that many of the Patriarks had many wives , yet there is no such Law now ; though the Scriptur say , we are to give an account of every action , yet we shall be accountable as well for our idlenes ; it is not the words but the meaning of the Scripture which is Scripture , if otherwise , the Papist hath as much to say for his Transubstantiation , and Arminians for generall redemption , as we for any Article of our faith : It is not for bunglers to take upon them the charge of soules ; And there is much learning requisite in a Physician to know the principles of mans Composition , the nature of Spirits , the nature , causes , Symptomes , and differences of the severall diseases , and the method and manner of curing them ; the knowledge of hearbs , flowers , plants , roots , trees , mettles , minerall , druggs ; and how to choose and prepare medicines , with infinit other perticulars which require a whole man to attaine a competent measure or knowledge therein ; and God forbid that any Empericke should be suffered to trye experiments upon so noble a subject as the body of man , and though sincerity of affection may counter vayle depth of Iudgement in private matters ; and advises ; yet in things of publique concernement , it will be but a blind zeale to judge according to events , for hard and great matters will arise in Iudgement , Exod. 18. 26. but the part of a Iudge is more difficult in some respects specially in point of time . A Minister hath a weeke happily for his Sermon , and seldome any disease so violent , but the Physician may consult about it ; but where many people demand Iustice at an Assises , there is not onely a promptitude of elocution , but much science requisite to give quicke dispatch , which is the Clyents joy , and Iudgement is something more then science . Be instructed ye Iudges of the earth ! but be consciencious for learning ▪ and a good Conscience are two of the bravest supports in the world ; because a man cannot be deprived of the first in this world , nor of the other in the world to come , and Iudges are so far to be skild in the Law of God , that in all causes coming before them they are to warne the Clyents that they trespasse not against the Lord , 2 Chron. 19. 10. If this learning should fall ( which I hope I shall never live to see ) then farewell to Ministers , and after that , no more Magistrates . Secondly , Prudence ; 10 answer all objections and cavillations that will be brought to put life into a dead Cause ; for in most great suites the parties Litigant commonly thinke that they are both in the right , and if the matter be heard by no wiser men then themselves , how shall he that is in the wrong ever come to see his Error ? and this Prudence in a Iudge consists principally in giving satisfaction to the hearers , that the sentence is Iust , and if possible to satisfy him against whom Iudgement is given , that he hath no wrong done him . Thirdly , Iustice ; which must respect the cause and not the person ; Iudges were pictured blind and the Areopagites gave sentence in the dark ; Thou shalt not pitie the poore in Iudgement ( though it be plausible ( and naturall for tender hearted men especially so to doe yet ) God abhorrs it . Fourthly , There is required Mercy ; after Iudgement , the poore mans condition is to be considered , for , if Iustice be wound up a peg too high in the Execution of it , it breaks Summa Iusticia is the degeneration of it . But by this learning I am far from understanding any Craft or Artificiall subtillities in taking legall exceptions for the quashing of Inditements and thereby to save a witch or a murderer from the Gallowes , or to arest the Iudgement when the money is conscionably due to the Plaintiffe , this is none of that wisedom which Solomon desired , I Kings 3. 9. which is requisite in a Iudge ; it is a wise and understanding heart to discerne Iudgement betweene good and bad , truth and falshood , a righteous and just cause , from that which onely is so in appearance the simplicity of the Dove in doeing wrong to no man , and the wisedom of the Serpent , to see that by subtillitie in pleadings , unnecessary delayes , captious interpretations , and clamorous importunities , an honest cause be not delayed ▪ or overthrowne ; marke I beseech you , what a Iudge Prince Iob was Chap. 29. 11. when the eare heard me , then it blessed me , and when the eye saw me , it gave witnes to me , hearers had not words enough to praise my eloquence , hee was so admired , that any one but Iob would have been proud of halfe so many acclamations . Ver. 12 , 13 , 14. Because I delivered the poore that cryed , and the fatherlesse , and him that had none to help him ; the blessing of him that was ready to perish came upon me , and I caused the widowes heart to sing for joy . I put on righteousnes and it clothed me , my Iudgement was as a robe & a diademe , the poore oppressed ones gave him 10000. benedictions , the widow owed to his care , the conservation of her children ; and by banishing sadnes from her looks he made her life comfortable , and her mouth publisht his praise ; the fatherlesse , being vertuously educated , were in a better condition , then when they had a father ; though Kings adorne themselves with purple , yet they minde their pleasurs and honors more then doeing Iustice to the friendlesse ; but Iobs principle ornament and garment , Crowne , and Diademe , was Iustice. I was eyes to the blinde , and feet was I to the lame , I was a father to the poore , and the cause which I knew not , I searched out , hee mixed the quallitie of a father with that of a Iudge , granting executions against poore men with a bleeding heart ; melting to thinke that such as are lame , and blinde , should be ordered to run , and see like those who are to lye in prison for one hundred pound when they are not worth twenty pounds ; certainly the most honorable title is to be stiled a father of the poore ( for what need is there of rich men , but onely to doe good to the poore ? ) and though a ludge must not pitie the poore in Iudgement , yet after Iudgement pronounced there is place for mercy , which is but Iustice ; and before sentence the poore mans interest ought to be so deere & precious to the Iudge as not to pronounce any sentence against him till his cause be throughly not onely opened , but studied ▪ and when the poore had none or but little Councell , Iob was as well their Advocate as their Iudge ; As by the wisedome of the Law of England the Iudge is to be a Councell for the prisoner in matter of life and death , so was Iustice Iob a Councell for poore men in all Civill Causes ; and would not let any man lye in prison for a debt untill he had examined the justnes of it , and that it was cleerely due as well in equity as by Law , and his justice is most conspicuous . Iob 31. 13. If I did despise the cause of my man servant or of my maid servant , when they contended with mee ; hee heard the complaint of his slaves , he permitted every man to speake for himselfe before he be hayled to prison , to alledge reasons why hee ought not to be carryed thither , and the ground of such his supereminent Iustice was ver . 14. 15. VVhat then shall I doe when God riseth up , and when he visiteth , what shall I answer him ? did not he that made me in the wombe , make him ? and did not one fashion us in the wombe ? that though he was a Iudge upon earth , yet he was a servant to the God of heaven ; who would enter into judgement with him , that though the condition of the Iudge , and the Client be different , yet their birth is alike , God is Father of them both , the Clients body molded of dirt , and the Iudges not formed of any nobler matter , and that both of them had the honor of being formed by the hand of God , and both their soules made after his Image , as if Iudge Iob and his slaves were Copartners or Tenants in Common ; that Princely spirit goes on , and from ver . 16. to ver . 25. makes the most incomparable challenge that ever the people heard of ; If I have withheld the poore from their desire , or have caused the eyes of the widow to faile ; Or have eaten my morsell alone , and the fatherlesse hath not eaten thereof : ( for from my youth hee was brought up with me , as with a father ; and I have guided her from my mothers wombe . ) If I have seene any perish for want of cloathing , or any poore without covering ; if his loynes have not blessed me , and if hee were not warmed with the fleece of my Sheep ; if I have lift up my hand against the fatherlesse ▪ when I saw my help in the gate ; then let mine Arme fall from my shoulder-blade and mine arme be broken from the bone ; for destruction from God was a terror to me , and by reason of his highnes I could not endure ; if I have made gold my hope , or have said to the fine gold , thou art my confidence ; if I rejoyced because my wealth was great , and because mine hand had gotten much ; if I rejoyced at the destruction of him that hated me , or lifted up my selfe when evill found him . The stranger did not lodge in the street , but I opened my dores to the traveller . If I used to keep guard at my study-doore that suitors could not speake with me without a fee ; if I sent a man back with a shamefull deniall ; if I did not minister speedy justice to the poore for the love of Iustice ; and to the rich for a small matter ; when I sate in the City-gate where the Court of Iustice were kept that every man might see and heare the reasons of my proceedings , if I were not as tender of Clients and Petitioners as if we had tumbled in one belly together , and suckt the same milke ; if I have not used my power to tame the insolence of proud spirits , making them examples by death or other penalties , where their wicked lives had given scandales , if the wooll of my flocke hath not defended the poore from the stormes and rigor of winter ; if I have ill treated the Orphants and let one brother feast & brave it , and the younger children to be all beggars , or be fed at the charity of the elder brother ; if I have confidence in the merit of the person & not in the justice of the Cause ; if I have more esteeme of birth then vertue , and preferred greatnes before pietie ; I then wish that that guiltie part may be torne from my body and that to terrifie all Iudges that abuse their power ; then let my arme be broken from the bone by the infamous hangman ; for Mariners are not in so much feare of the Tempest in winter as I stand in awe of the anger of the great Iudge . If mine enemies miserie have been any pleasure to me ; if I have thought my selfe better then my neighbours , because I was richer , if I were ever overcome by threats , or corrupted by presents , to pervert Iudgement ; if my constancy was ever shaken by any bribe ; or if ever money had more power over my minde then reason ; if I were ever cruell to any man and made dice of his bones ; though the men of my tabernacle said ver . 3. Oh that we had of his flesh , we cannot be satisfied ; I had servants and officers enough , not onely to have hurried any man to prison to have repaired my honor , or contented my passion , but such as also would have cut them in peeces , and devoured them ; if I have not helpe every man to his Lands that had right to them without drawing teares from their eyes by tedious attendances , then I am content not only , that heaven should curse my lands ( that for wheat which I shall sow I may reap but thistles ) but to be tormented with an eternity of miseries ! May I crave leave to insert an historicall observation ? In Holand after they had given a wrtt of Ejectment to Monarchy & the Masse , the Courts of Iustice for a time went on in their tedious formallities ; which so discontented the people ( their Law suites taking them off from their trades with dilatorie and costly attendances ) that they began to repent themselves of their so deerely purchase liberties ; Doctor Walaeus professor then at Leiden , a grave , judicious man , having by Scripture and reason satisfied and quieted many exasperated mindes , that the chief Magistrates of the Provinces , ought in the first place , principally to intend securety , and laying foundations ( where the super structures will be easie ) then applyed himselfe to the Senators in an oration , which though I doe not affect the mixing of Latin in an English discourse , yet least the liquor should be viciated by powring it out into another vessell , I thinke fit to give you his owne words , speaking of Iudges and Advocates , by way of interrogation , or admiration he saith ; Nos qui sumus Reipublicae Christianae Candidati ; tales respiciemus & retinebimus Iudices ac Legulares , quos Cicero vocat , praecones Actionum , Cantores formularum , & Aucupes syllabarum ; ut qui cadat , in litera , cadit in causa . Absit ; longe absit ; nos tales habebimus Iudices & Advocatos qui Deo noverint dare quod suum est , & populo quod suum est ; plana vera ; & immota praescripta Iusticiae Deo placent , si aliqua consuetudo fit in contrarium , praeferatur antiquus ille dierum ; nulla debet praescriptio praevalere contra Verbum Dei , quia veritas antiquior est falso ; vera & suprema Dei Lex architectonica , omnibus Legibus municipalibus est praeferenda ; quia hec sola omnibus alijs praescribit modum , ac formam ; necesse enim est aut leges vestras praescribere legibus Dei ; aut leges Dei praescribere vestris ; si priori modo , non estis Dei servi , Ejus etenim servi estis cui estis obedientes , scitote vero administratores Reipublicae rationem Legum suarum summo moderatori Deo reddere teneri nee valebit argumentum patribus Reipublicae uti invenimus leges , & statuta , sic ea reliquimus ; quia boni Concilij est , aut leges corruptas mutare aut eorum officia deferere quomodo enim pertinet Romana lex ad Christianum , nisi à Deo approbetur ? Pontificij sublevant & reformant Leges Civiles per Ius Canonicum non à scripturis , sed Paparum decretis , Concilijs , ac Patrum sentencijs , desumptis , nos vero nullum agnoscimus Ius Canonicum nisi quod ex sacro Dei Verbo aut ex ejus certa & constanti analogia colligatur ; absurdum est dicere , leges priores esse puriores , aut antiquiores , meliores , quomodo enim Mancipij leges salubres condere valeant , & nolunt Monarchae Cedere populo in materia libertatis ; quaelibet bona lex est precium sanguinis , & in Regione & Religione Catholica impossibile est Leges Civiles esse puras , quia Religio & Lex inter tolares fiunt ac in permixtae , ubi pura Religio ibi pura Lex Civilis ; Corrupta Religio Tirannica Lex , reformatio Religionis necessario ergo inducit mutationem legum Civilium , non quoad fundamentalia vitae ; membrorum ac proprietatis , sed quoad formulas ac solemnitates Iuris , quae formulae Legis non suntipsa Lex ; And much more to the same effect by learned Walaeus ; which oration of his , tooke such impression , that within a moneth after , the forme of Legall proceedings received such an alteration and abbreviation , that whereas before according to Imperiall constitutions , a suite in Law continued three or foure yeeres , and the best purse at last prevailed , causes were ordinarily ended in a moneth ; and if the Plaintiff cannot bring his cause to a period in three moneths he is dismist of course , unlesse it be necessary to send Commissions beyond seas between Merchant and Merchants , or in very difficult cases , and where the witnesses are in forreigne parts rare ; The contrary practise whereunto is but as a sweet harmonie to Satan , for does not he laugh to see a murderer escape through a misnaming or mistake in the Indictment ; and a poore man that cannot read hanged for a sheep , or some corne taken to relieve his poore wife and children ; to see a man that hath an estate to walke abroad and confront his creditors ( though a prisoner in execution ) and a poore wretch not worth ten pounds thrust into a hole untill he pay one hundred pounds , which he is no more able to doe then the Phylosopher to dry the sea with an Oyster shell ; It is not Cor gaudium to him , to heare learned men say , that the Plaintiffe hath a cleere right and title to the Land or money demanded , but because of some mistake in the bill or proceedings he must pay costs to the Defendant , that is the wrong doer ; Blessed God! did thy sacred Majestie dispence with the breach of thy holy Law , to save the life of an Oxe or a Sheep , that should fall into a pit on the Sabboth day , and shall not thy servanti dispence with a circumstance ( where the right plainely appeares ) to save the life of a family ; nothing is substanciall in a course of Iustice but what is equall , reasonable , and good , all other formes or methodes are but in effect Poperie , or Turcisme , as being a slavery to mens persons , or estates , and to be abolisht by vertue of the Covenant which in the equity of that branch of the Hierarchy I speake of the Ceremoniall and Circumstanciall formes and proceedings which are costly , delatory , and mortiferous ; but the essence of the Law like the substance of the doctrine of the Church of England ( truly so called , not as Constituted in a Gospell order , but in opposition to Rome as Antichrist is said to sit in the Temple of God , and Rome called a Church in opposition to Turks and Pagans ) is in most things inviolable , inalterable , and immutable , for indeed the Law of England is ancienter then books , the maine pillar whereof is the righteous Law of God , according to which the reformation must be , otherwise it is impossible to have any setled peace in a Commonwealth , where every one does or may study Scripture ; it is pure sollid reason whereof to deprive any Law , Custome , or Course of a Court , is to take away the soule from man , for where the Law or any Course of Practise is taken upon trust by tradition and not upon election and choice of reason , the greatest tiranny and oppression is exercised by collour of that Law which puts oppression both into one Act and an Art , but then this Law must be publique reason , that which the Iudicious and most learned men judge so to be , not the sense or Iudgement of any private man , for that will be as dangerous to the Commonwealth as the private interpretation of Scripture arising out of some mens braines , and not out of the Scripture it selfe , is to their soules . 2 Pet. 1. 20. and 3. 16. by misinterpreting and drawing them violently from the true sense , to a false one ; to uphold their errors as it is possible some may uphold old errors against new truthes for advantage sake ; for there is a remnant of old Adam in the best man. The two great enemies that S. Paul had , were two Smiths , the silver Smith , and the Copper Smith that got much money by making silver and copper chaines , or Image to the Heathen Gods , and Goddesses , Acts 25. 24. to the 28. great is Diana : and 1 Tim. 4. 14. Now because it is of very high concernement for all that are servants to the Commonwealth in publique imployments , to live in the opinion of all good men as the best and strongest fortification and engagement to faithfulnes and diligence , therefore having received some loving advertisements from some faithfull friends in England , as if we proceeded here irregularly or arbitrarily in matters of Iustice ; that some turned the Law into Preaching that had other busines to do ; and that Ministers are harshly dealt with , or to that effect , knowing that truth is very welcome and reason very prevalent with your Honors . I crave leave to answer , first , as to the administration of Civill Iustice in this Province , thus it stands ; my Lord Lieutenant ( the dayes of whose life , the Lord of life multiply and sweeten to the further Terror of his Enemies : and greater comfort of his deere servants ) upon many petitions from the Inhabitants of the Province of Munster was pleased to revive the Presidencie Court there as formerly ; consisting of the Lord President , two Gownemen , viz ▪ a first and second Iustice , and other Commissioners . My Lord Deputie ( who is a blessed Instrument and indefatigable in the works of holines and righteousnes ) for the great ease and safety of the people , hath altered the Provinciall Court into County Courts , that whereas before the people travailed fourty or fifty miles , now their differences are ended at home in the nature of Assizes or sittings ; And the Honorable Commissioners of Parliament promoting the true liberties and freedome of the people , have given great ease to them in taking away some needlesse offices and in matter of Fees , there being seldome twenty shillings spent in a cause by all parties , unlesse it be in Councells Fees , which are ascertained , and but very small in comparison ; I doe not in the twenty shillings include the charge of witnesses which yet is very small , not goeing out of their owne County ; but the Fees usuall which are allowed to the officers , Iury , Clarks , and Attorneys ( for the Court hath not any ) every man pleading his owne Cause , which I observe to be a good way for discovering the truth ; The forme and method of proceedings hath not by me been altered in any point considerable ; but indeed the originall constitution of the Court seeme to me to be excellent in foure particulars . The first proces of the Churt hath ever been a summons in the nature of a Subpena , then an attatchement or distresse of the defendants goods , not restraining his person but for matter of Contempt , or upon very just and reasonable cause . Secondly , It is a mixt Court , and the Bill may containe both Law and equitie whereby halfe the suites in the Province are ended or prevented , but hath no Cognizance of Pleas reall concerning titles of Land. Thirdly , The Cause is heard and ended as soone as it is ripe for hearing ; indeed herein is some alteration , for whereas formerly there were but two or three sittings in a yeare ; the Iustices and practizers attending the upper Courts at Dublin , in the Terme-time , and so causes depended long ; Now ( having no other busines to doe ) wee end the difference as soone as it is prepared for a hearing , which some ( how Iustly let wise men Iudge ) have censured to be an inovation and precipitous Iustice ; indeed precipitancy is the Stepmother of Iustice , and must as carefully be avoided as falling from a Rocke , but that is to heare and determine before both parties are ready or had convenient time so to be ; otherwise when a Cause is ripe for sentence why should not the Court put in the Sickle ? a speedy tryall is the Plaintiffs joy and just Iudgement delayed may prove worse then an unrighteous sentence speedily pronounced . Fourthly , There is a great difference between the proceedings in England , and the ancient course of this Court in point of payment of debts ; for debts are payd by instalment as the Defendants are able to pay them ( a most excellent and admirable composition of a Court ) for the case of poore Ireland stands thus ; the poore English who through Gods mercy saved their lives , but lost their estates by the Rebells ; begin now ( blessed be God ) to returne to their possessions , and the protected Irish make a hard shift to live , paying great Contributions ; and many a poore man hath got a plough of five or six garrons , as many cowes , forty or fifty sheep , all worth about fifty pound ; this poore man payes for horne and corne , and begins to grow warme in his busines , but comes an Action of debt ( like an armed man ) upon him , for fifty or a hundred pound , contracted before , or for his necessarie subsistance during the Rebellion ; the Plaintiffe having been long out of his money , is very stomack-full ( blame him not after so long fasting ) and prosecutes with all rigor ; Iudgement cannot be denyed him ; an execution against goods in other Courts Issues of Course , and what followes ? the goods are sold at under rates , at 25. or 30. l' . ( for who will buy his neighbours goods so taken from him but will be sure of a good penny-worth ? ) and the fees and charges of the execution are so great , that the debt if it were but 50. P. is not halfe payd , and for the remainder , the defendant is taken in execution where he starves to death , and his wife and poore children beggs from doore to doore , unlesse relieved by the parish ; but by the course of this Court the defendant comes in , and prayes an Instalement and a Iury of indifferent and impartiall neighbours install the debt to be payd by severall gales and dayes of payment , as in the Defendant shall be thought able , and if the Iury ( who certainely are the proper Iudges in such cases , for it may be their own cases the next day ) findes any fraude , deceit , or violence , the Defendant is imprisoned , as he well deserves , by which meanes ( it is an observation to me very admirable ) though the people be extremely indigent , there not being scarce a tenth part of the money here that is in England , debts are I believe ten times better paid here then in England for of 5. or 600 l'debts that have been here sued , for in some one Countie scarce know ten of them but are payd , or secured , whereas if the Reynes of the Law had beene let loose here , as in other Courts in all probability , there had never been ten debts of a hundred satisfieed ; for not one Defendant in twenty hath so much money by him , and if either his person be restrained , or his little flocke taken away , his friends leave him , and so miserie quickly findes him ; but give him time , he works like a mole to keepe himselfe or his goods from Arrest ; one friend like one hand helps another ; he recovers some other debts due to him , and in a short space becomes a noune substantive ; I could instance in many that had Actions against them of 2. or 3000 l' . value ( it would pitie a man to see more load still layd on , as if they would be prest to death ; yet by this way of Instalment , the man having a breathing time agrees first with one , then with another , and in a short space growes into as good credit , as any of his neighbours , the contrary practize of not instaling debts , as men are able to pay , hath beene the ruine of many families that might have flourished to this day ; and by this meanes the Contribution to the Army is payd , Agriculture increased with many families ) would all be quickly ruined if the Farmers should be unstocked by such executions . The practise of this Court hath likewise formerly been very profitable and easie to the people in matter of Executorships , and Administrations , as to end ten or twenty suites upon one bill filed against an executor , or administrator , the creditors are all called , and every mans part proportioned according to the conscionable demerit of the debt , and not the whole estate swept away upon a dormant Iudgement , to the defrauding of many poore Creditors , with some other equitable practises too long for an Epistle . As to the second censure that many preach uncalled , or that have other businesse to doe , wee know that untill there was a standing office of Priesthood , Moses who was the chiefe Iudge of all Civill Controversies exercised , the Priestly office , Psal . 99. 6. Moses and Aaron among his Priests , and Samuel among them that call upon his name . It was Moses that consecrated Aaron ; but we doe not read that he was consecrated himselfe ; Magistracie and Ministery are distinct bodyes , but in the absence of a Minister , every gifted man , not onely may , but ought to speake to the people , as a good steward of the grace of God under penalty , not onely to have the Talent taken from him ( which human prudence would thinke sufficient ) but the unprofitable servant is to be cast into utter darknes , in which sense doeing all that we can , I hope we are not unprofitable servants ; If such an objection should be regarded here , wee had long since been Atheists , without any face of Religton upon the Sabboth day , and without any forme of godlines ; surely if in Law , much more in Religion ; Necessity makes that not only lawfull but comendable , which otherwise would not be so ; besides there are some that can give an account of their faith Latinaliter ; and so by the Statute of the 13. Eliz. cap. 12. may preach , and so may any other , by vertue of that Statute , that hath a speciall gift and ability to be a Preacher ; but there is something of more particular concernement . In suites depending betweene the English and Irish ; when Irish witnesses are produced , the English object ( which indeed is one of the greatest difficulties I meet with ) that they make no Conscience of swearing upon our Bibles , but will speake truth upon a Ladyes Psalter , or by St. Patricke ; now they will not come to our Sermons to heare their grosse Idolatries and superstitious fopperies reproved , but are very constant auditors in Courts of Iustice , where some of us take occasion to informe them of the nature of Oathes , and endeavor to convince them of the ridiculousnes of their bread God in their transubstantiation ; that they commit adultery with their Images , and are so impudent in crossing their foreheads that they cannot blush at it ; of the danger , infamy and horror of perjurie remembring them of Ananias , and Saphira , who for telling a lye ( without any oath ) were strucken dead upon the place ; that their Popes have been monsters of mankinde , conjurers , witches , and divells in a humane figure ; that Priests and Friars are very cheats and theeves in robbing poore deluded simple people ; that their Priests by their Law are not to marry , and by custome not to live chast ; that the pretended miracles they brag on , are meere impostures ; that their true miracles are onely such as these their Priests to have no wives , and yet many children ; Friars to have no ground and yet most corne ; no money nor vineyards yet the best Sellars of wines and provisions ; that it is a miracle that they doe not all rise as one man against the Pope for his cruelty , that having power ( as they hold , and himselfe confesses ) to let out and discharge all their ancestors & friends from Purgatory ( which they say , is as hot as Hell fire ) yet will not doe , because they have not money enough to give him , and his Priests for it ; that their Religion is wholly composed and patcht up of Iudaisme , Paganisme , and Turcisme , and as many absurdities in those points they differre from Protestants , as there have been minutes of time since they crept in amongst them , which some call preaching & Innovation , though in effect it is no other then what some of the Reverend Iudges in England have mentioned in their charges in the Circuits upon the Statutes of Recusancy , which expressions , though for the matter of them they must seeme to exasperate , yet the manner of delivery may much mollifie and salve it ; we pitie their blindnes , that their soules should be so deluded , and they perceiving that it is so spoken in love , and that we would not displease them , but inteutionally for their owne good , they are not angry with that Surgeon that cuts and lanches the patient , desiring to cure him ; but concerning the last part of the objection that wee have silenced the Clergie in Munster , to make way for our selves to vent our owne opinions because I understand that the matter of fact concerning that particular , hath been untruly represented , and a false disguise put upon it ; as godly , learned Ministers were thereby discouraged from coming over hither , where they are so much wanting , and should be so cordially welcome ; I presume briefely to report the true state thereof ; at my coming into Munster , I found the Clergie there generally sequestred for delinquencie against the Parliament , in having adhered to the Lord of Ormondes and Lord Inchiquines illegall authorities , after their being declared Traytors ▪ which resolutions were printed with their names thereunto , which was not denied scarce by any of them ; my Lord Lieutenant , looking upon it something like the generall case in Adam , that man who was the master peece of the creation was wholly lost , was pleased to referre the said Clergies Petition to Sir William Fenton , Colonell Phaier , and my selfe , to proceed against them in like manner as the Honorable Committee at Westminster proceed against scandalous Delinquents , or insufficieut Ministers ; which we did accordingly and ( in his Excellencies absence ) attended my Lord Deputies pleasure therein , who joyned Esquire Gookin , Dr. Harding , Colonell Hodder , and Capt. Baker ▪ with us , and as in all his Actions having in his eye the glory of God , and the goodtof poore Creatures , required us to Act therein as might most conduce to the publique good we endeavoured what we could to seperate the precious from the impure , and to distinguish betweene murder and manslaughter ; viz. though they had all contracted , and were involved in a generall guilt by that subscription ; and consequently obnoxious to Iustice ; because a greater difference could not possibly have been done to the Parliament , then for the Provinciall Ministers to declare their Iudgments and resolutions to assist and adhere to those Traytors , for no doubt but thereby many of the English which had so much suffered by the Rebells were taken off from their former good affection & faithfulnes to the Parliaments just authority , being like so many poore sheep , ruled by those whom they call their spirituall Sheepheards ; yet becanse many of them might be drawne thereunto for their own preservations ( as the case then stood with them ) and upon the matter forced to subscribe rather to save their livings then out of any disaffection to the proceedings of Parliament ; such of them as did acquit themselves from scandall in life and doctrine , and were gifted for the Ministerie are continued , and enjoy their benefices without diminution , unlesse it be in case of pluralities : and truly for my owne part , I found much Ingennitie in many of them ; and wherein they differ from us , I take it to be from a consciencious principle ; & hope & daily pray that there may be a right understanding and better agreement between all honest and consciencious people that feare the Lord , that we may all as one man with one shoulder , labour to exalt the Kingdome of Iesus Christ ▪ and to advance holines & rigbteousnes in our severall Actions ; but indeed , the harvest is like to be very great in this Nation , and the laborers in Christ Vineyard are very few , many poore English here are like corne , ready to be brought into Gods Barne by Conversion , but there are very few painfull , skilfull , harvest-men , pray we therefore the Lord of the Vineyard , that hee will send forth Laborers unto his Vineyard , or as the words are , cast them out , for men are very slow in so holy a worke , Preachers that have the tongue of the Learned , that know how to speake words in season acceptable and delighfull Esay 50. 4. Ecles . 12. 10. able Ministers of the new Testament , 2 Cor. 3. 6. who by an ordinance of heaven ought to have a comfortable maintenance , 1. Cor. 9. 14. Gal. 6. 6. And as I was concluding , came the sad newes of the translation of our incomparable Lord Deputie , the truly Honorable Henry Ireton Esquire ; therefore though I feare I have already exceeded the limitts of an Epistle , yet my heart being so brimfull of grief , I humbly beg Your wonted Clemency , and much Honored patience , that it may a little vent and run over in a few broken words , though bedewed with teares , his Death is such an Ecclipse to poore Ireland ; that may be best felt & understood many yeers hence ; indeed England and Scotland , and all sorts of people in the three Nations , especially the poore oppressed fatherlesse , and widowes ( to whome he was upon all occasions a patron , father , and husband ) have no small cause of lamentation , never had Commonwealth a greater losse , because undoubtedly there was never a more able painefull , provident and industrious servant ; that with more wisedom , prudence , faithfulnes , fortitude , and selfe-deniall , discharged his duty to all people , and acted every part so well since he first appeared to publique view , as if he had been borne only for that particular ; if he erred in any thing ( as error and humanity are inseperable ) it was in too much neglecting himselfe , for like a candle hee wasted his vitalls , to give light to others , seldome thinking it time to eat till he had done the worke of the day at nine or ten at night , and then will sit up as long as any man had busines with him ; indeed he was every thing from a foot Souldier to a Generall ; and thought nothing done whilst any thing was undone ; his last tedious and wet march into Conaught , for the reducing of Clare , and other Castles , after the rendition of Lymericke cost him deere ( as I understand ) occasioning the fever ; his heavenly Father would not suffer him to dye by the hand of the enemy , nor of the Pestilence ▪ whereby many of his deere servants have beene called home ; he was a most exact Iusticiarie in all matters of morall righteousnes , and with strength of sollid reason had a most piercing Iudgement , and a large understanding heart to discerne betweene good and evill , truth and error ; hee was one of those good Magistrates prophesied of in Rom. 13. and his conversation was a true interpretation of that Text , being so intent to Gods honor , that he never thought himself served or be friended in any Action unles God was therein , served and honored ; let us minde our duty ( sayes hee ) and what Scripture have you to warrant it ? I believe few men knew more of the Art of Policy and selfe interessed prudentialls , but never man so little practized them ; he is , and shall be most deere to my remembrance ; and of all the Saints that ever I knew , I desire to make him my President ; for uprightednes , singleheartednes , and sincerity ; he exercised it to his enemies ; Oh , sayes he , deale platnely with them , let them know what they must trust too , and though hee was very sparing in his promises to the Rebells , yet he was most liberall in performances ; he had a very cleere divine light of truthes supernaturall , and being strong in faith and of a most humble and meeke spirit , gave God the glory of all successe ; upon the least losse we received by the Irish , or any disappointment ; Oh , sayes he , is not our God angry with us ? let us be fervent in prayer to know his minde in every checke or chastisement ; as upon the losse in attempting the Island by Lymericke , where gallant Major Walker lost his life ; He wrote to Colonell Lawrence , and others of us here , by the name of his Christian friends and brethren , to be earnest with the Lord , to know his minde what he would have his poore servants in the Army to doe ; I doe verily thinke , that since the Apostles dayes there was never more Divine breathing of the Spirit of Christ in any Letter then in that ; He had a most noble propertie , that if any man was questioned or censured behind his backe , he would be his Counsell , and argue for him every thing that could be rationally alledged ; never did man in the owning of his Authority more disowne himselfe ; hee was a most exemplary Christian in duties of piety and Religion , alwayes beginning and ending Conferences & Councells with prayer , seeking wisedom , advise and strength from God upon all occasions , he had constantly ( when in Garison ) an exercise before supper , and though he satt in Councell till eight or nine at night , yet by his good will the discourse should not be the shorter , but when Mr. Pacient ( a man of great experience in heavenly things ) or any other , seemed to be strained in time , he would say , let us not thinke that time too long in Gods immediate service , and when others had spoken to any disputable and usefull question , hee would speake with that depth of Iudgement ever tending to unity and unanimity in opinions and affections , that ( to my slender apprehensions ) I doe not know that ever I heard him maintaine any error ; and was willing to heare truth from the Souldier ; when the sicknes encreased the last yeare , he appointed not onely one or two dayes to seeke the Lord to revoke that Comission ▪ but every fourth day of the weeke for six weeks together ; and sure it is a blessed thing when Moses speaks to Aaron , the Magistrate to all Gods people , to be servent in prayer , when wrath is gone out from the Lord and the Plague begin Num. the 16. 46. his estimat or character of a godly man , was not principally that he was of such a sorme , opinion , judgement , or attainement ; but where he found the maine bent and resolution of his scule to be to know God in the face of Iesus Christ , and to promote his glory , to serve the Saints , to begin or second a good motion , with all his might ; to doe good to every visible object , to love the first appearances and cherish the least sparks of grace , and Image of Christ in whom soever existing and to renounce the honors , profits and pleasures of this life for Christs sake who became of no reputation for us ; he greatly delighted in the Communion of Saints , and made union with Christ ( and not any other opinion ) the ground of it , which is the onely foundation of that Church , against which the gates of hell shall never prevaile , as that sweet spirited Christian Mr. Iesse hath unanswerably evinced ; he would often say to this effect , that there was no honor like to the service of Iesus Christ , and let our ambition be who shall be most instrumentall for God in his generation , and having done our worke with all diligence , let us trust God for our wages , but halfe worke is not pleasing to God. I know the want of some distinguishing ordinances was a burden to him , and I am afraid that our heavenly Father hath a controversie with many of us in Ireland for severall deficiencies or redundancies , as first , our undervallueing the Lords Supper , I am afraid sometimes that God will make the lesse account of our bloods and of our children , because we so little esteeme ( if not trample under-foot ) the blood of his Son in that Ordinance ; if a Christian cannot conveniently enjoy it , yet he should mourne for the want of it . Secondly , for not Sanctifying the Lords Day , the morallity whereof too many deny , and such as hold it , yet upon every triviall and slight busines , which might have been done the day before , or deferred till the day after ; forget to keep it holy ; I agree that works of necessity and mercy may be done upon that day where it is really so of Gods sending , and for publique utillity ; but a culpable necessity of our owne making will not excuse the breach of that holy Law. Thirdly , that when the honest interest is strugling for life some should be striving for estates or rather when Iesus Christ is daily Crucified in his members by the bloody Tories , there should be emulations and contentions amongst us for superiority , or prudencie , as was amongst the Apostles ; that whereas S. Paul only commands to render honor to whom honor is due , Rom. 13. 7. wee are too ready to assume titles of honor which are not owned in England . Fourthly , or it may be that every officer hath not the bowells and tender care of a father to his poore companions , 1 Chron. 11. 17. 18. 19. And David longed and said , Oh that one would give me drinke of the water of the well of Bethlem that is at the gate . And the 3. brake through the host of the Philistines and drew water out of the well of Bethlem that was by the gate , and tooke it and brought it to David , but David would not drinke of it but powred it out to the Lord ▪ and said , my God forbid it me , that I should doe this thing ; shall I drinke the blood of these men that have put their lives in Ieopardy ? for with the jeopardy of their lives they brought it , therefore he would not drinke it . Fiftly , or per adventure that we are not so intent upon the principle worke that wee were sent over about ▪ viz to right and restore the plundered , banished , and oppressed English , Sixtly or lastly , that we doe not put a difference between such as have been active in the beginning or prosecution of the Rebellion , and such as have only had their hearts , and not their hands in it ; the Lord help us , wee know not how to cast a severe eye upon the offence , and yet a pitifull eye upon the person , some are too indulgent in the remission of just punishment ; others turne Iudgement into wormewood by an over exact severity ; but blessed be God , what errors are amongst us ? they are but in the head , I hope our hearts are sound and right for Holines , Iustice ▪ and Mercy ; specially such as are intrusted in Councell and Conduct ; this is but as an humble Caution . And whether it pleased God to take away so precius an Instrument ; either for his owne sins , or for ours ( we being indeed not worthy of him ) or that his glory may be made more manifest , that he is not tyed to any man , but can carry on his owne worke , in the removall of the wisest Counsellors , and most valiant worthyes ; It is not for us positively to determine . Pray pardon me but a word more , truly all things considered ▪ I doe not know , that there are diversities of gifts and operations , but it is the same God and Spirit which worketh all in all , 1. Cor. 12. 2. 4. and happily some may excell in one thing ▪ and some in another ; but for so great a stocke of knowledge , such extraordinary abilities in matters and learning , Military , Iudiciall ▪ Reipublicall , Mathematicall , Morall , Rationall , and Divine , I say for every thing requisite and desirable , both as a man and as a Christian , I thinke it will be hard with many candles to finde his equall ; but he that made him so good lives for ever , and his yeeres change not , Psal , 102. 27. who can ( and I trust will ) richly adorne and quallifie his successors , and make them such as he would have them to be ; that what his Mosesses shall leave undone , may be finisht by his Ioshuaes ; which will undoubtedly be so , if our unbeliefe hinder not good things from us ; for blessed be God they which are next in Command here , and many others , are of Gods designation Called and faithfull and Chosen , and such as honor God ; and therefore ought to be honored ; but Tragedies must not be long , those that knew him not may thinke I speake for affection , and those that were intimate with him will blame me of ignorance ▪ that I say so little , the more worthy he was , the greater is the losse , especially to his deere and honored relations , ( whom the Lord blesse with all benedictions , temporall and eternall ) for whose sakes I should not have said any thing in point of Comendation least it should encrease their sorrow , but that I hope that they are , and shall pray that they may be more possessed of that rare Iewell of Christian resignation and living in the divine will ; I am sure that hee was tender of the honor and wellfare of the Sonne of God and his members : therfore no doubt but God will be a Father to his good Lady and Children , but great griefes command silence , and it is best to cast a vayle upon it , that wee sorrow not even as others which have no hope , and now ( most Honorable ) because God will honor them that honor him ; It is but my duty to beare testimony to all those excellent things which you have done for the glory of God and good of the Nations ; It was said of Hercules , that no man deserved so much as he , because hee freed the world from Lions , VVolves , and Tygers ; you that may truly say with David ; we have killed the Lion and the Beare , shall I trust be blessed and assisted to curbe and overcome the Goliahs that oppose righteousnes and holines , the Phylistins , deceivers ▪ and mysticall wolves ; all oppressors , and cruell men , all such as are inwardly ravening wolves in point of selfe-interest , building their fortunes upon the ruines of honest men , though they appeare in any sheeps clothing ; so shall your names be famous , and immortall ; which yet is not to be interpreted so much a comendations of the persons , as the gifts and Graces of God in them . And so with all submisse gratitude to Your Honors , that wee Your faithfull servants here , live in Your remembrances , as knowing it to be all the interest expected ; therein resembling ( like deere Children ) Your Heavenly Father , who finding a thankfull heart , for one mercy conferrs another ; I shall turne my prayses of you into prayers for you and yours , that God would make you masters over the peoples hearts and mindes , as well as over their bodyes , that you may be a burdensome stone to all oppression , to breake in peeces all petty Tyrants ; and to conquer not only the Ecclesiasticall beast , but the Politicall ; that if it be his will you may live to rayse the superstructures , and finish the building of that foundation which you have so happily layd and begun ; And that after long lives , for the glory of God , and the good of the Nations , you may follow that truly worthy member that is gone before , into that blissefull inheritance of the Saints in light , where is all day and no night , where your daily cares and troubles shall cease ; and the voyce of the oppressor shall not be heard ; so prayes Your Honors most dutifull and thankfull servant , Iohn Cooke . Monarchie no Creature of Gods making , &c. BY Monarchy I understand , the Government of one man over many , to give lawes and commands alone ; to have thousands accomptable to him , and he alone to be accomptable to God ; as the late King Charles in 3. Car. in his speech ( printed amongst the Statutes no doubt by the finger of God , to let the world see what he ever intended ) in these words : I must avow that I owe an accompt of my actions to none but God alone ; God is no more the Author of such a government then he is the Author of sinne , which to hold is to deny him to be God , for hee that believes a Deitie must conclude that God is without fault , without defect , infinitly good , and just , or elce he is not God. Monarchs that assume an absolute Supremacy to do what they list are not creatures of Gods ordination by his promissive hand of love , but God permits such to be , as he suffers sin to be in the world by his permissive hand of divine providence being that wise Physician that maks use of poyson for the good of those that feare him , and that knowes how to create light out of darknes . Indeed we read : Dan. 2. 21. That God removeth Kings , and setteth up Kings , Psal . 75. 7. Iob 34. 30. God plucks down Tyrants that they may oppresse no more , yet suffers an Hypocrite sometimes to raigne for the wickednes of a people , but he appoints no government but what is just and rationall , as a Democracie or Aristocracie elective , for that Wise men should governe Ignorants , is a principle in Nature ; but that God should create millions of people to be subject to the Arbitrary lusts of one man , and that to go in succession to a minor or Idiot : That he should be governor over millions ; that knowes not how to order himselfe , Reason abhors it , and God approves it not though he permits it so to be , as those great Empires of Turky , Persia , the Tartars , Mogull , Russia , China , Presto-Iohn , and to come neerer the Potentates in Europe , whoever assumes such an absolute , unlimited prerogative and supremacie to make Lawes , Warre , pardon Murders , to raise money when he wants it , and makes himselfe Iudge of that necessitie such a governor rules not by Gods immediat will of love and approbation but his mediate will of wrath & anger which he appoints not , having commanded the contrary viz. a just , rationall goverment ; but permits and suffers Tiranny and oppression , for glorious ends and reasons best known to his Divine Majestie ; and if any such be called Gods , Psal . 82. 6 ▪ it is no otherwise then as Satan is called the God & King of this world , 2 Cor. 4. 4. and the Prince of the Aire who ruleth in the children of disobedience for to make any chief Magistrat above law , is to make Authoritie which is given of God to punish sin , to be a protection against heaven contrary to Gods pure essence ; not onely as if he approved sin , but as if he should protect sin by an ordinance of his owne institution , and any accomptablenes in a Monarch destroyes that goverment . And those pollitique and specious Arguments brought for the maintenance of Monarchy ( no doubt the best that could be had for money ) : poore Calvin made many rich . He that could bring a fresh argument against Calvins life or doctrine , or for the Popes Supremacy had a good pension with impunitie for Enormities precedent or subsequent ) that they ought not to be accomptable to Law for the prevention of Mutinies and Insurrections , that if the King of France or Spayne should kill a man it would be more h●zard and cost to the people to bring them to Iustice then to let them escape unpunished and Monarchs having the Militia at their commands , and carrying life and death in their eyes and tongues no man dares prosecute against them ; The poore sheepe thought it very fit that there should be a bell tyed about the Wolves necke to give notice of his approach but none of them durst adventure to tye it about him , and therefore sayes worldly wisedom : Let the people be accomptable to Kings , and they only be accomptable to God , that is let the Wolves and Beares devoure the Sheepe without controle : As if God had appointed the Bee to make hony onely for the Drones ; this is to exalt the wisedome of foolish men above the Infinite Wisedome of the Eternall God. But the questiō precisely stated , is whether Monarchicall goverment have any footing in the Word of God to be of divine Institution which I deny ; And because I have observed that the ground of so many errors is principally mens snatching at Scripture , reading here and there a verse , and very few in comparison that will take the paines to consult the whole minde of God , therefore I would in a Parenthisis in treat all such as pretend to Christianity to begin at the first of Genesis , and not be weary of reading till they come to the end of the Revelation , daily praying & casting themselves upon Gods assistance for the guidance of his holy spirit in the interpretation thereof ; for indeed it is a shame for a Child not to be acquainted with his Fathers will every legacie part and branch thereof : every one will be objecting ; what , was not David a Monarch , and a man after Gods owne heart ? pray stay a while , it is not said that Davids office was after Gods owne heart , and the contrary will plainely appeare if we consult those sacred Oracles which ( the more is the pity ) men doe not value as their pardon or evidences of their salvation but disesteeme them as if they were their Indictment like unhansome people care not for the glasse , or as the Elephant that muds the water to hide its owne deformity . To begin then with Adam , who had an absolute supremacie over the Creatures , but neither Adam ( nor Noah who was the heire of the new world ) ever challenged to be Kings , because for one man to set himselfe above others without giving an accompt of his Actions , is , to put off the nature of man and to make himselfe a God , whose will is a Law , and the ground of all created goodnes and Iustice , things being therefore good and just because God wills them , and he does not will them because they are good and just . The first man then that we find taking upon him Kingly power was Nimrod , Genes . 10. 8. 9. the mighty Hunter , what did he hunt ? the lives , liberties and estates of poore people , those that would not hunt and catch venison for him he hunted them , and ever since though never before ; Monarchs and Tyrants have hunted men , as men have hunted Beares and Wolves , and such noxious creatures ; and it is observable that the tower of Babel was not built to advance any one man , or to get glory to a particular person , as a King above his Brethren , but to gaine a name and renowne to them all , Gen. 11. 4. Let us make us a name not one of us ; If any Cavalerist or Carolist object that Cain was a King over Abel because of his primogeniture being the first borne and heire to the priviledges of Adam , and that the Lord promised Cain that if hee did well he should rule over Abel , Gen ▪ 4. 7. That will more disservice him in the reare and consequence , then advantage him in the front , for Cain was accomptable for murder , and was a man of death for killing Abel and though he did not dye ( peradventure because there were then few to take example and to be terrified by his death ) Yet by that murder he was made incapable of enjoying any dignitie and God did not preserve him alive in love but reproved him in his fury that others which should be borne after , might see the vagabond and fugitife , and magnifie the Iustice of God upon him , the branding , feare , and shame that he underwent being farre worse then death ; and so the first King was not unaccomptable but lost all for a murder ; so true it is that many a man marries a widow that would gladly be rid of her traine of children ; and whereas many have instanced in Davids case , that he was a man of blood in the murder of Vriah and yet not put to death , the answer is easy that David ought by the Law of Man to have suffered death though he was a Monarch , and Nathan caused him to be his owne judge ▪ 2 Sam. 12. 5. As the Lord liveth that man that hath done this thing shall surely dye , then Nathan said to David thou art the man ; and if he had said no more , there must have been some Executioner found out to have taken away the life of David it being against the law of Nature to make any man his owne executioner , but be pleased to observe how Nathan aggravated the sin verse 8. 9. as if it were a farr greater sin for David to commit a murder then for a private man , because it is a double sin , murder and breach of trust it is the highest treason for a King to murder his Subjects ; and there can be no greater honor to any people in the world then to doe Iustice upon a murderous King but vers . 13. David confesseth his sin : I have sinned against the Lord in killing Vriah the Hittite with the sword , and slaying him with the sword of the Children of Ammon , though David never toucht the weapon that shed the blood of Vriah 2 Sam. 11. 14. therefore it is an impotent argument that the late King never killed any man with his owne hands , and as weake to say that there was no malice in him which formally denominates and distinguishes murder from man-slaughter , but a Martiall contending for his owne right upon such probable grounds , that if a plaintif in Chancery were non-suited he ought not to pay any costs for that he had a probable cause of litigation ; for if there was not a prepenced and precogitated malice against all publique spirited men against whom he breathed out so many threatnings , wishing that they had but one head , that they might be taken off at a blow as another Nero , yet there was malice in Law , and malice implyed , to kill every man that should stand in his way of an absolute unaccountable domination ; which certainely is a clearer malice then a thiefe hath that kills a man that will not loose his purse , the thiefe hath no desire to hurt the honest man wishes him at his owne house in safety , if he would but leave his purse behind him ; for I appeale to every sober man whose judgement is not corrupted by preingaged affections which is more hainous murder and offence in the sight of God for a poore man to rob a rich man of ten pound and in case of resistance to kill him , or for a Prince that for the maintenance of his Pretogative ( which himselfe sayes is to be accountable for his actions to none but God alone ) shall grant Commissions of Array , and raise Armies to put a whole Land into a Combustion and flame , to the pillaging , plundering , massacring and destroying many thousands of poore innocent people ; And Nathan said to David , the Lord hath put away thy sin , thou shalt not dye , No man can pardon murder but God alone so that the reason why David was not put to death for that murder was not for the authority that he had as a King but out of Gods pure mercy to him , there being a supersedeas to the Execution from the Court of Heaven , thereby to make him and Manasses in the old Testament , and Paul in the new , patternes to such as should believe , not only of Eternall , but of Temporall salvation ; he that may command Abraham to sacrifice Isaac may pardon David for killing Vriah , that however the good Thiefe was put to death , and if a godly man commit a murder he ought as well regularly to suffer death as the most impious , the Law of man bearing a correspondency with the Law of God , that he that never sins till seventy if he then kill a man must then suffer death , not only Temporall but Eternall , if he be under the Law , Galat. 3. 10. 1 Pet. 4. 5. Let no beleever suffer as a murderer , thiefe , or evill doer proves that if any such be murderers they ought to suffer ; and the next verse holds forth to me more then what is ordinarily observed : yet if any man suffer as a Christian not for his Religion only , for then it should signify no more then verse 14. but if a Saint should , through the strength of a temptation and malice of Satan commit a murder ( as the best man living may possibly commit any sin , but the sin against the holy Ghost ) in such a case let him suffer legall punishment as a Christian , let not him be terrified so much at the present death as rejoyce that he is goeing to his fathers house to Eternall happines , let him be more affected and afflicted that Religion should suffer by his fault then for his owne sufferings ; let him take a kinde farewell of faith which shall presently be turned into vision , and of repentance for that all teares shall instantly be wiped from his eyes , let him feele by the spirit how all things worke together for his good even his great sin for which he suffers ; it being the occasion to bring him soonet to his Crowne of glory ; I say though this be regularly true , that if a godly man commit a murder the Law will take hold of him , 1 Tim. 1. 9. 10. yet if the Lord worke hearty Contrition in his soule for the offence as in the case of David , I have sinned , & the heart be kindly touched with godly sorrow ( which did not appeare to be the Case of the late King ) it seemes to me that they which carry the sword may in some speciall cases save such a man alive where happily the Lord hath so sanctified that affliction to him ; that he is thereby become a new creature and is not the same man that offended , and may be more serviceable and instrumentall for the Publique then his death would have been advantage to the people in point of exemplary Terror without any violation or infringement of that preceptive fundamentall law of Gen. 9. 6. the reason whereof being perpetuall so long as men are made after Gods Image it can never be abrogated , though any one should extraordinarily be saved , by the equity of the Law as in Davids Case ; who certainely were it not for some speciall reason as a King did more deserve death then for a private person to commit a murder , as he that is a Scholler and knowes the Law ought in reason rather to be hanged for stealing then he that cannot read a letter , as Levit. 4. 3. 27. 28. if a Priest sin it requires a greater expiation , he must offer a Bullocke , whereas if a poore man sin through ignorance a Kid was sufficient . He that with David meditates in Gods precepts , and delights in his holy Law , and Statutes , Psal . 119. 15. shall find that in Iudgement the person of the poore is not to be respected , nor the person of the mighty to be honored , but in righteousnes every man to be judged Levit. 19. 15. Kings to dye for murder as well as others , and higher scaffolds to be erected for them then others by reason of their high birth , that Iustice upon them may be more conspicuous , another generation will as much wonder that Wise Royalists should be taken with such fond arguments , as we doe now admire that our ancestors should so long beleeve Transubstantiation , A Kings unaccountablenes , and a Popes Infallibilitie being all one in the ballance of reason . Did not the people disobey a man after Gods own heart in the case of Ionathan , and yet vaine men to preach passive obedience where a power shall be assumed above Law to pardon murderers , dissolve Parliaments contending for a negative voice , to make solemne elections of Knights and Burgesses in Parliament ludibrious and no more then a spiders webb . The Patriarks untill Moses time governed in their severall lines and families according to the minde of God never refusing to give an accompt of all they did to those whom they were over in the Lord ; Indeed the Nimrods and the Pharaohs exercised and usurped authoritie over poore creatures and finding Nimrods Monarchy , Gen. 10. in the 16. Chap. we finde Warrs ; foure Kings fighting against five but for the great Empires of the Assirians ( oh Assiria the Rod of mine anger ) Medes and Persians , Graecians and Romans ; that have been in the world there is no more ground in Scripture to make such Imperiall Government to be of God ; then there is for the Popes supremacie , they that expect another Antichrist are as blind as the poore Iewes that looke for another Messias ; and I hope it will be granted me that Antichristian goverment is no more of Gods ordaining then the Divell may be said to be Gods ordinance , because he is permitted to doe mischiefe for a time and though we read , Gen. 21. 26. That good Abram and Isaac made a Covenant with King Abimelecke , that does not prove him to be a King of Gods appointment for he had either made himselfe a King by force , or else being a valiant man , poore people were constrained to run to such for protection , and to put their lives , liberties , and estates under their power , to prevent a greater mischiefe , and being so subjected the Nimrods have dealt from time to time no better with them then the Lyons with poore beasts which they get into their denns , devoure them at their pleasures , thinking it a great curtesie if they reserve them to the second course , as Poliphemus promised Vlysses to keep him for the last bit , or if they afford them food and rayment it is but as the Turks use their slaves , feed them fat that they may the better endure their blowes , it is the text of the Civill Law , that all is the Emperours , and what the people enjoy is of curtesie , for sayes the Emperour , I expect all , and were it not for me another Nimrod should dispoile them of all ; and so hee that steales a Goose and leaves a few feathers behind him , thinks the poore woman is much beholding to his gentlenes , but let such titles & claimes be examined by the Word of God. Before wee come to King Moses , wee read of many Kings of Edom , and Dukes that descended of Esau , Genes . 36. &c. he is Esau the father of the Edomites , but not a word that this goverment was approved by God , and what good did Pharoah ever doe , but at the instance of Ioseph in giving a habitation and maintenance to Iacob and his Children , Genes . 47. It is possible that Tirants may at the crave and Rogation of worthy men consent to the enacting of some wholesome Lawes , still keeping the Militia in their owne hands to have a power to destroy all when they please , Exod. 1. 8. There arose up a new King over Aegypt which knew not Ioseph ▪ but oppressed Gods people , and hee said unto his people , behold the people of the Children of Israel are more and mightier then wee , come on , let us deale wisely with them ; Reason of state put Iesus Christ to death , verse 14. All their service wherein they made them serve was with rigour , then the Lord being moved with compassion towards the Israelites respected their crye , he appeared to Moses saying , that he would send him to Pharoah to bring them out of Egypt ▪ Exod 3. 11. So that Moses was the first King , or Ruler of Gods making , but Moses like unto his Saviour Christ Iesus , was not willing to be King , Exod. 4. 10. I am not eloquent sayes Moses , but slow of Speech , and Gods anger was kindled against him , humble pride is proud humility , when God calls to any imployment a Christian may not deny the worke of God upon his owne spirit , but see what a gallant publique spirit King Moses had , Exod. 5. 22. 23. Lord , sayes hee , I can doe no good for thy people ; it is the greatest griefe to a man of honour that hee cannot see through his busines to the furthest end of it , and when he cannot with Paul doe that good which he would ; such a man hath a divine calling , and see how Moses stands for the peoples libertie , Exod. 10. 9. Hee would not accept of his owne libertie without the peoples rights , but was willing to loose his owne naturall life to save them spiritually . The next Ruler to him of Divine ordination was his successour Iosua , Deut. 34. 9. as God had been with Moses guideing his heart and hand to governe the people by the law of right reason , not assuming any unaccomptable authoritie over them but to speake and act in such evidence and demonstration of the spirit and power to them that the most ignorant amongst them might easily perceive that Moses intended the peoples good , and if any one could have given advice how to have eased them , or comforted them in the least kinde more then he did , hee would no doubt have hearkened unto it , and when the people murmured as for this Moses wee know not what hee is ; hee drew no sword against them , to hurt them , but prayed for them and cryed over them , so then the Lord appointed Iosua to succeed Moses , and the people accepted of him and approved of Gods election , Iosua 1. 15 , 16 , 17 , 18. is a very sweet Covenant and agreement made between Magistrates and people not a word of passive obedience to doe Iosuas will or suffer his displeasure but the people promised to hearken unto him as they did to Moses , onely the Lord thy God be with thee as he was with Moses , that is so farr as the Lord is with thee , in the way of holines and righteousnes so farr we are thy subjects and no farther , and whosoever rebells against thy Command so farr as it is the Commandment of the Lord shall surely dye ; then Iosua 3. 9. sayes to the people , come hither , and heare the Word of the Lord your God , and 4. 14. the people feared Iosua , but it was because the Lord had magnified him in the sight of all Israel ; the Lawes that the people were governed by , were the Lawes of God which Moses had written in the presence of the people of Israel , Iosua 8. from the 31. to the 35. and in all difficult causes no doubt but Iosua consulted with the Elders of Israel , Iosua 10. Hee hangs up five Kings , makes quicke worke with them , they did not plead that their persons were sacred , that they were the Lords anointed and not to be toucht , but said Iosua verse 25. thus shall the Lord your God doe to all your enemies against whom ye fight , as if he should say , if there be at any time so long as God hath a people in the world , a King in England , Scotland , or any other part of the world fighting against them , the Captains of the men of Warre must put their feet upon the necks of such Kings who ever they be , and they must be smitten , slaine , and hanged up untill the evening ; and never did trees in England yeeld and bring forth such sweet fruit as those wherof the Scaffolds were made at VVhitehall , Ianuary 30. 1648. Some slips or stocks whereof to be planted for the same good use of hanging and beheading all Tirants and oppressors , will be more worth to the three Nations then all the Timber in the Forest of Deane : in the same Chap. 7. Kings more are Conquered and smitten , and Iosua 12. 24. all the Kings 31. and observe the precious counsell that good Iosua gives to the people before his death , such Rulers and no others are of the Lords appointment . Come wee to the Booke of Iudges , Iosua being dead the people did evill in the sight of the Lord , 2. 11. and they were sold into the hands of their Enemies that spoiled them , yet ver . 16. the Lord raised up Iudges which delivered them out of the hands of those that spoiled them , and Chap. 3. 9. the Lord raised up a deliverer to the people of Israel who delivered them even Othniel , and the spirit of the Lord came upon him and he judged Israel , and went out to warre ver . 15. left-handed Ehud slew Eglon , Chap. 6. 14. The Lord raised up Gideon to deliver Israel from the Mideanites , and Chap. 8. they would have made him King , then the men of Israel said unto Gideon , rule thou over us 22. 23. both thou and thy son , and thy sons son also , for thou hast delivered us from the hand of Midian , and Gideon said unto them , I will not rule over you , neither shall my son rule over you , the Lord shall rule over you , Gideon rejects the motion with disdaine , hereditary Kingdomes have no footstep in Scripture , but the Lord is said to rule when fit men rule by the Lawes of God. Chap. 8. 33 , 34 , 35. The people soone forgot God and Gideon , then Chap. 9. the bramble will be King that which is a curse of God upon the earth , Gen. 3. 18. will play Reax . Gideon would not be King , but Abimeleck makes no bones to kill seventy of his brethren to make himselfe King , 9. 5. is such one likely to be a governor of Gods appointment ? Can it be the minde of God that the Trees of the Forrest should have a bramble to raigne over them ? Iotham the Survivour ver . 7. stands up and sayes , hearken unto mee yee men of Sechem , that God may harken unto you , and may I humbly beg leave of my miserably deluded and discontented Countrey-men to put them in minde of Iothams Parable , and in true love to tell them , that as Iotham by that parable foretold their ruine , and ver , 57. the curse of Iotham the son of Ierubbaal , was fulfilled upon them accordingly ; so undoubtedly whoever shall by plots and conspiracies endeavour to introduce any of Abimelecks race or conditions to be King of England , Ireland or Scotland , or act any thing against the late statute for the abolishing of Kingly power shall perish by the sword of Iustice , and those Cities that resist so just Acts & Ordinances shall be beaten down and sowed with salt , ver . 45. The Lord grant that the salt there mentioned , and Lots wifes conversion into a pillar of salt Genes . 19. 26. ( which the Lord Iesus would have us remember , Luke 17. 32. ) may be as savory condiments to season mens spirits , with a detestation of all Tiranny and oppression , and with a love to Iustice and Rationall goverment ; that the Parliament may give us every day more and more of the fatnes of the Olive , the peace bringing Olive quicke , cheape , and sure Iustice , which can onely make peace and harmony in a Common wealth , it being the onely strong oake , that can keep up the ship of State from sinking ; and let all that would not be found fighting against God make a Covenant of salt to be true and faithfull to the Common-wealth as it is now established , renouncing ever to have any thing more to doe with Abimelecke ; for see what became of him ver . 53. So God will undoubtedly render the wickednes of those that imbrued their hands in the blood of that learned Doctor Dorislaus , and Ingenious Mr. Ascam , upon their owne heads , for such bloody Actions are seldome onely punisht in hell ; Chap. 11. Iephthah the Gileadite that mighty man of valour ( who was thrust out of his native place by his brethren ) was soon called backe to their assistance to be their Captaine and Ruler , note there a plaine agreement and stipulation betweene a Prince and people , and certainly so it was in the beginning of Parliaments no doubt but it was agreed upon under hand and seale ( but Kings have been too subtill creatures to suffer it to be printed ) that if the King should be of one Iudgement and the Representatives of another it must passe according to the Publique reason of the whole , and that Parliaments were not to be dissolved till the busines was done which they met about ; other wise what fickle things were Kings ? and what vaine things were Parliaments , as building of Castles in the Aire ? Now Iepthah having judged Israel six yeares , died 12. 7. after whom Ibzan and Edom were Iudges , they being dead , the Children of Israel did evill againe in the sight of the Lord , and the Lord delivered them into the hands of the Philistins 40. yeares , 13. 1. then the Spirit of the Lord began to move in Sampson and his valiant exploits are the substance of the 14 , 15 , and 16. Chap. then comes the great objection which the Royalists make Chap. 17. 6. in those dayes there was no King in Israel but every man did that which was right in his own eyes , Chap. 18. 1. and 19. 1. repeated upon the occasion of the abuse and murder of the Levites Concubine , where the Holy Ghost does not meane such a King as Abimelecke , or as the Gentiles had , to breath life into the Lawes by his Royall assent for such a King the people of Israel never had , nor owned in the Land of Canaan , not a man that challenged a power unaccomptable to oppresse , murder , sweare , plunder , and commit all manner of wickednes without controle , such a monster being fitter to carry garbidge to Beares then to live amongst Civill people ; but there was then no man zealous for Gods glory to fight for Israel , and to judge them according to the Law of God , therefore the Lord raised up Samuel a singular man for Iustice and mercie , 1 Sam. 1. 28. Hanah his Mother lent him the Lord , Chap. 3. The Word of the Lord was revealed unto him , he dealt faithfully in telling Eli what the Lord commanded ; thereupon he was established to be a Prophet of the Lord , vers . 20. Chap. 7. He exhorteth to solemne Repentance then they make him a Iudge vers . 6. being so , he yet prayed , and sacrificed , and the Lord discomfited , the Philistines by Thunder , and Samuel judged Israel all his dayes , and went Circuits , carrying home Iustice to the peoples houses , and built an Altar unto the Lord having ver . 12. taken a stone and called the name of it Ebenezer , saying , hitherto hath the Lord helped us . Iudges being to take speciall care that God may be purely worshipped and glorified , and that Gods people may not forget the mercie of the Lord in destroying their Enemies . Certainly Moses and Samuel were two of the best Iudges that ever were in the world ; and are to be as patternes and looking-glasses to all Magistrates , so that as he is the best Christian that is most like unto Iesus Christ ; so he is the best Iudge that is most like unto Moses and Samuel , Moses Exod. 18. 13. sat to Iudge the people who stood by him from the morning untill the evening he ended the businesse of the day with the day , ver . 16. sayes he , I Iudge betweene one man and another and I make them know the Statutes of God and his Lawes , if a Iudge can but teach people the Statutes of God and his Lawes his worke is in a good forwardnes , and more then halfe done : In that Samuel is commended for telling Eli the destruction of his house , it argues that the best part of faithfulnes is to discover the abuses and errors in any profession as being best knowne unto them , for the end of the professors and of every ones profession ought to be the same ( viz. ) the welfare of the body politique ; therefore whereas there are many Ieofailes & rubs that lie in the Allies of Iustice , that poore men are overborne in their righteous causes by full purses which the Reverend Iudges proceeding regularly as they find the course of the Court , cannot remedie without the power of Parliament ; I have seriously thought that oppressions in Courts of Iustice have been spun by the late Courtiers with so fine a threed that few but those that daily meet with it in practise can see it , and therefore unlesse it please God to move the hearts of the honorable Iudges in pure love to Iustice to propound fit remedies to the Parliament , plaisters that may be large enough for the wound , I meane an Act of Retranchement to cut off all unnecessary delayes , and expences in matter of Iustice , between man and man ; that poore men may have it for Gods sake , & the rich for reasonable consideration ; it will lye very remote from the understandings of many worthy publike spirited men what course to take therein ; without which all the warres have been but as purgings and vomitings ; the health of a State consisting in the equallity and harmony of Iustice ; and all Martiall Iustice is sanctified by the Civill Iustice ; as for example , if one of the Reverend Iudges would make it his suite to the Parliament , that a bargaine and sale might be as strong , as a fine & Recovery , that a poore Farmer , or Cottager might leave some small portions to his yonger Children without paying one or two yeares purchase for the charge of a fine , and recovery , what an ease might this be to men of small estates to passe them from one to another , and to cut off Intailes by a deed in writing without so much solemnitie and expence ; if another would set forth the unprofitablenes of Outlawries which are to no purpose but to multiply expence ; And a third be earnest for an Act to plead the generall Issue in all Actions , and at the Assises to insist wholly upon the merit of the Cause whether the money be due or not , whether the Plaintiffe have right to the Land or not ; I am confident it would make sweet musicke in Parliament ; I do not intend to dispute the lawfulnes of Legall proceedures in point of conscience to them that Iudge them so , but in point of comfort at the day of Iudgment let me humbly propound this to those that sit in the seat of Iustice , whether it appearing to them that the defendant hath paid the money though it be after the day of payment limited in the Condition , or that the money is payd upon a single Bill , where payment by Law is no plea ; or that the Plaintiff in an Ejectment hath a cleere right to the Land , but the lease , Entry , and Ejectment was not proved in due forme of Law , or if a wilfull murder be committed , and so found by the Iury but there is a word mistaken in the Indictment whereby the murderer escapes for that Assises and so the matter compounded , or the prosecutor desists , and the Plaintiff in the Ejectment must begin againe having lost his own charges and payd above five pound costs to the defendant , who continues the wrong & keeps the Lands unjustly from the plaintif , & the defendant that hath paid the money is forced to fly into Chancery for reliefe where the unjust Plaintiff at Law refuses to appeare or else demurrs , because he hath a Iudgement at Law , or the witnesses dead , and so the poore defendant taken in execution and buried above ground in prison for ten pound where the principle debt was but five pound , and that paid , ( though not at the prefixt day and so proved to the Iury , ) I say whether it would not be easier for thē to give an accompt of reforming such errors then otherwise ; but if by the Parliaments intention in altering the Iudges oathes enjoyning them onely to proceed according to Iustice , the Iudge may not of himselfe moderate such like extremities ; then of what huge concernment must it needs be , humbly and earnestly to sollicite for present remedies , for what souldier can with comfort fight with a blunt sword ? it is a great joy to Physicians to cure their Patients , but if any dye under their hands when they might by a little more then ordinary trouble have recovered them ; it cannot but be a purgatory to an Ingenious spirit ; certainly that Iudge which helps a man to his right and thereby preserves a family from beggery deserves as much as he that cures a man of a desperate fever . But I Sam. 8. Is the Statute Law concerning Kings where it cleerely appeares that the first generation of Monarchs and the rise of Kings , was not from above , not begotten by the Word and Command of God but from the peoples pride & ardent importunity , they were mad for a King to be like unto the Heathens ; I beseech you observe the story it is a Chapter that deserves to be written in Capitall letters of Gold , and if it were convenient to appoint the reading of it but once a moneth in the publique meeting places , I am confident it might be of great advantage in the satisfying men of perverse spirits , for let the most violent assertors and contenders for Monarchy but seriously consider and be intreated to heare it as the Word of God , 1 Thess . 2. 13. and they must needs be convinced that they which endeavour to destroy a Parliament consisting of Godly , Wise and Iudicious men that are willingly bound by the same Lawes which are made for others , abhorring all thoughts of unaccomptablenes ; and to set up a King who fights for a boundlesse prerogative to doe what he pleases on earth giving an accompt thereof only to God , ( as if hell were made only for them who must not be toucht nor be punished in this life for any of their abominations ; ) doe cast off and reject the God of Iustice and mercy : for when good Samuels rule the people , it is God that rules in them and by them , and there is nothing so contrary to the gracious Nature of God as the violence , oppression and Legall Thefts of the wicked Nimrods of the world , and then marke the doome of their favorits , Iohn 12. 48. he that rejecteth mee and receiveth not my words hath one that Iudgeth him , the word that I have spoken the same shall Iudge him in the last day . First , it is very observable what it was that bred a dislike of the Iudges ver . 3. they turned aside after lucre and tooke Bribes and perverted Iudgement which Samuel did not ver . 5. when Common-wealths men turne private wealths men and more minde the Trimming of their owne Cabbins then the Ship of State , then the people cry out , make us a King to Iudge us like all the Nations , as if they should say , better have one Tirant then thirty Tirants in Athens , better fill one purse then many , now the Lord Commands Samuel to protest solemnly against Monarchy that they may not pretend ignorance but be left inexcusable , and then if they will have a King , hearken unto them , sayes the Lord , ver . 7. which is no approbation of Monarchy as some vainely argue , the Lord therein dealing with them as a tender wise Physician when the impatient Patient cryes out for wine which will encrease the disease , the Physician to satisfie his importunitie gives him a little wine which he knowes rather encreases then asswages the disease ; but knowes that if he have it not , his impatience may worke a greater mischiefe , ver . 19. Nay , but we will have a King over us , are words of men possessed with afrensie , give us a King or wee shall run madd for him , wee will have one whatsoever it cost us , that we may be like all the Nations ; shall France and Spayne have Kings and we none ? will they take away our God from us , from vers . 11. to 17. Samuel describes a lively portraiture and lineament of a Kings prerogative which are principally three as you may please to observe first a prerogative over mens persons , to imprison any one whom the King pleases ; Hee will take your sons upon pretence of disobedience , or for reason of State either intowre him , or send him beyond sea if he were a Commonwealths man which in Court language is as much as to say a dangerous man , ver . 11. 13. and 16. Secondly , in point of Militia , ver . 12. Hee will ap point the Capitaines , the Kings Councell called that an inherent priviledge as an inseperable accident and incident to the Crowne , without which he is no King , and then having the sword it is no head matter to command all the money in the Land. Thirdly , in point of Interest and propertie ver . 14. 17. he will take a tenth of all the Corne , Wine and Cattle , if the Iudgement of Ship-money had not been reversed a tenth would not have sufficed I meane that senseles Iudgment ( which I cannot mention without indignation ) that men should be so silly to talke of building of ships when the Land was ready to be invaded or in eminent danger , as if it were a time to looke after leather to make buckets when a house is on fire . It seems to me , that the holy Spirit in expressing those three grand prerogatives that the Kings of the Gentiles would pretend unto ; had an eye to the present age wherein wee live ; and therefore many booke learned Royalists not being able to answer this Scripture , have declared their Iudgements to be ( whether their hearts and pens were of the same minde Ilargue not ) that the Lord did allow of such a Goverment , and ver . 11. hee will take your sonns which is to be meant by usurpation contrary to the Law of God , Deut. 17. 20. See the learned Annotations upon that Chapter very excellent , not what they ought to doe in right , but that they would so doe in fact ; they read hee shall take your sons , and ver . 15. hee will take a Tenth , that he shall , and may take a Tenth as if they had a Commission from heaven so to doe and to fortifie that opinion they alleige , Deut. 17. 14. When thou art come unto the Land which the Lord thy God giveth thee , and shalt possesse it , and shalt dwell therein , and shalt say I will set a King over mee like as all the Nations that are about me , v. 15. Thou shalt in any wise set him King over thee whom the Lord thy God shall choose , one from among thy brethren shalt thou set King over thee , thou mayest not set a stranger over thee which is not thy brother , ver . 16. but he shall not multiply horses to himselfe , not cause the people to returne to Egypt ; to the end that hee should multiply horses for as much as the Lord had said unto you yea shall henceforth returne no more that way , ver . 17. Neither shall he multiply wives to himselfe that his heart turne not away , neither shall he greatly multiply to himselfe silver and gold , ver . 18. And it shall be when he sitteth upon his Throne of his Kingdome , that he shall write him a copie of this Law in a booke out of that which is the Priests , the Levites , ver . 19. and it shall be with him , and he shall read therein all the dayes of his life that hee may learne to feare the Lord his God to keep all the words of this Law and these Statutes to doe them , ver . 20. that his heart be not lifted up above his brethren , and that he turne not aside from the Commandement to the right hand or to the left : to the end that he may prolong his dayes in his Kingdome he and his Children in the midst of Israel : And they read those words , I will set a King over me , which is spoken by the people , Thou shalt set a King over thee , as if God had commanded a Kingly Goverment in Canaan which was only permissive as the sin of Adam ; let them have a King at their owne perill , saith the Lord , The Lord foresaw that the Israelites would rebell , and cast off a happy Goverment by the heads of the people and Iudges , and God permits it and Moses speakes of the election and dutie of a King , the election is from the people , they will have a King whether the Lord will or no ; where by the way wee may take notice how bold many have beene , and poore deluded Royalists still are , to wrest the Scripture for the advancement of Monarchy , when men dare say , that in the Hebrew it is that Moses commands them to elect a King which the holy Scripture reproves in them as the greatest insanity & madnes in the world , that when they may have honest Religious men to go in & out before them that will not oppresse them , nor exalt themselves above their brethren that they will notwithstanding inslave themselves to the Arbitrary and lawlesse Iusts of one man and his posteritie , whether they be Idiots , Children , knaves , Theeves , Murderers , Fornicators , Gluttons , Drunkards , Idolators ; or Women , which though never so wise , Religious and mercifull ( as by reason of the tendernes of their spirits and want of temptation ; I believe there are more godly women then men in the world ) yet it is against the law of God and Nature to make Millions of men subject to the commands of a woman ; but blessed be God that the knowledge of the Hebrew language is not necessary to bring an English man to heaven , Iosua had the honour to conduct them into Canaan , and they tooke it into possession , but there was a remnant of the Canaanites left unsubdued to prove them ▪ as the law is , Deut. the 20. from the 16. 10 the 18. which I the rather mention for the Illustration of the equitable proceedings in Ireland , the Lambe Iudges and makes war in Righteousnes , Revel . 19. 11. Every Souldier hath been as a Iudge to execute the Iudgment written Psal . 149. 9. farre be it from Gods servants to slay the righteous with the wicked , Genes . 18. 23. No such beatificall sight as to see a Murderer that hath imbrued his hands in the effusion of Innocent blood to suffer the most painefull and shamefull death that can be imagined , but the Children of those Murderers ought not to be put to death for their originall sin as we read in the case of Amaziah 2 Kings 14. 5. 6. And it came to passe as soone as the Kingdome was confirmed in his hand that hee slew his servants which had slaine the King his Father ; But the Children of the Murderers he slew not according unto that which is written in the booke of the law of Moses ; wherein the Lord commanded , saying , the Fathers shall not be put to death for the Children , nor the Children be put to death for the Fathers ; but every man shall be put to death for his owne sinne , Deut. 24. 16. And many that by reason of their wicked principles and adherence to the Pope are not fit to be trusted in Garisons yet receive rents for their houses or estates there ; Ezek. 18. 20. The soule that sinneth it shall dye , the sonne shall not beare the iniquity of the Father ; neither shall the Father beare the iniquitie of the Son , the righteousnes of the righteous shall be upon him , and the wickednes of the wicked shall be upon him . Now by the equitie of that law Deut. 20. 16. where Gods people shall reside , they being chief in Command may and ought for their owne securities ; expell delinquents and malignants out of London , or any Garrison in England or Ireland for a time , or for ever , as may conduce to the Weale publique and their owne safeties ▪ whose lives are so precious in the Lords esteeme . But here I meet a Goliah in the way that threatens much , but the spirit of God is not in it , and therefore it is but as a statue ; that God had given the land of Canaan by promise to Israel , and therefore they might justly maintaine a warr to destroy the Canaanites , Hittites , Amorites , Perizites , Hivites , and Iebusites , and there being no command to destroy the Gibeonites , Deut. 20. 17. therefore the league with them was lawfull Ios . 9. wherein the warr may be judged lawfull on both sides , for Iosua to fight , having a command from God and the Canaanites to defend their possession not knowing of any such command ; but is there the same reason to destroy ancient Monarchyes when they oppose Iesus Christ , and wil not suffer his people to enjoy their liberties which he hath purchased for them by his precious blood ? Answer . Yes doubtlesse , there are as evident promises for the Churches of Christ in this age of the world to be redeemed out of Antichristian bondage by the Moseses , Iosuas , Sampsons , Gideons , Iepthahs , and Samuels , which the Lord shall raise up to be instruments in his hand to save his people ; as there were in Moses and Iosuas ages , that the Church of Israel should be delivered from the Egyptian slavery , and reason to me cleerely makes it out ; that if a promise of an earthly Canaan were a ground of the Churches Warre much more their spirituall liberties ; that if I may defend my house by force from theeves and robbers , certainly I may defend my selfe in the exercise of my spirituall liberties , which are ten thousand times deerer to me : if I may fight for a peece of glasse , may I not engage for a precious pearle that is invalluable ? The Kings of Canaan might have pleaded antiquity succession , and the peoples consent which no King can plead against Gods people in the matter of their spirituall priviledges ; God will have the Monarchs of the world know , that whatever Civill right they may pretend to their Kingdomes where they have by force or flattery gained the peoples consent as the honest man parts with his purse to save his life ; yet they must not upon paine of forfeiting their Royalties persecute his friends and servants : Kings that stile themselves , Defenders of the Faith , if they prove offendors of the faithfull ; God will take away their Kingdomes in a way of Iustice , and righteousnes , when any of the 10. Kings having formerly given their power and strength to the beast , Revel . 17. 12. shall afterwards cut off his head , as Henry the eight used the Pope in taking away his supremacy and making himselfe head of the Church by Act of Parliament , leaving the body of Antichristian Goverment by Bishops as before ; or if the body of Antichrist come to be destroyed and the thighes , leggs or feet onely remaining in any Coercive Presbiters , when Kings will play at small games rather then sit out and joyne with any people in the world to persecute the people of God , see the end of such Kings , ver . 14. They shall make warre with the Lambe and the Lambe shall overcome them , for he is Lord of Lords , and King of Kings , and they that are with him are called and chosen , and faithfull , and this Arraignement of Monarchs and Grandees for abusing the Spouse of Christ , shall not be onely upon the puritie of Intention ( which will not Iustifie any Irregular Action for to Act Irregularly upon an Impetus or Impulsive spirit makes Scripture uselesse ) but according to naturall Iustice and common equitie , that when Kings shall proclaime the Saints Traitors , Heretiques , and Rebells , because they will not fall downe and worship the Lord according to human inventions , and shall raise Armies to destroy them as enemies to their Crowne and dignities ; such Kings have forfeited their Civill Rights as the Kings of Canaan did , and honest , faithfull , righteous men chosen by the people shall be their successors to whom by vertue of the equity of the Oathes of Allegiance and Supremacy , the people are to be true and faithfull as to the Lord ; for whom , and by whose lawes they preside , and regulate their Administrations : and other obligation lies upon no man by vertue of any such Oath that he formerly tooke , for there is no other successor ; the wisedome of God hath in Iustice so ordered it , and He that is Truth when men are lyars , is also wise when they are fooles ; for the oath was only binding to the positique capacity , to be true to the King , so farr as he was true to the Lawes and safety of the people : Hee that tooke it in any other sense made the King a God , infallible and impeccable when he sets up a standard of defiance against them , is any man so unsound in his intellectualls as to thinke that the oath obliges him to stand still , and suffer his owne throat to be cut ; No oath can tye any man to doe or suffer that which is destructive to humanity , and as for Christians certainely by that statute of Numb . 30. what ever any Christian vowes without the consent of her husband Iesus Christ is meerely voyd in Law , and a precipitate rash oath , as that of David against Nabal , I Sam. 25. 22. binds not but to repentance Levit. 5. 4. 5. If it be objected that Iosua fought against Kings of another Nation as Gods people in England did not ; what forraigne assistance hath been in that kinde ? I shall not dispute , but the answer is very easie , that the neerenes of the relation much aggravates the offence on the Royalists part ; If ambitious Princes would give Commissions of Array against forraigners , and not to destroy their owne people , then it might be but a sin against the sixt and eight Commandement , but to destroy his own Countreymen is a complicate offence of Treason also ; and a sin against the fift Commandement as well as the other two , to betray those that trusted him ; and certainly had not the Parliament executed the late King , the Danes or some others might have destroyed them , for God binds his people by his legall Commands to Act and accomplish his designes , and to destroy all Tirants and oppressors , and to say who ever heard of such a thing before is an argument wherewith onely ignorant poore people are taken , as the people said when Iesus Christ cast out the dumbe Spirit , Matth. 9. 33. 34. it was never so seene in Israel , he casteth out Divells through the Prince of Divells ; wee doe not read that God ever dealt with any Saint as with Iob , yet Iob was no hypocrite ; I say the Lord hath layd an absolute Command upon the Parliament to proceed as they have done upon paine of his high displeasure , and being guilty of high treason against the Majesty , ( a terme not fit for any mortall man , because higher then that wee cannot give ) of Heaven , and of being utterly destroyed if they had not done it ; and that stroke put England into a salvable condition for doe but consider how severely the Lord dealt with Israel and Iudah , when their Princes turned Lions and Wolves : Then the Lord gave them a King in his anger , 1 Sam. 8. 7. and Hosea 13. 11. ver . I gave them a King in mine anger , and tooke him away in my wrath ; will any man say that Sauls office of being King was of Divine ordination which was done in anger , all Gods ordinances are appointed in love for the good of his people and Divine and humane society , but Sauls being made King displeased the Lord ; and it is very remarkable that on the day , and at the very houre of election , Samuel dealt justly with them , and told them of their great evill in rejecting God and his Goverment , 17 , 18 , 19. and Samuel called the people together unto the Lord to Mizpeh , and said unto the Children of Israel , thus saith the Lord God of Israel , I brought up Israel out of Egypt , and delivered you out of the hand of the Egyptians , and out of the hand of all Kingdoms , and of them that oppressed you , and yee have this day rejected your God who himselfe saved you out of all your adversities and tribulations , and yee have said unto him , Nay , but set a King over us ; but though the Kingly Government displease God , yet observe how gently Saul behaved himselfe to the people , 1 Samuel 11. 12. There were some that would not have Saul raigne over them which the people would have had put to death , but Saul said ver . 13. There shall not be a man put to death this day ; whereas the Monarchs of the world make men offendors for a word , one man for speaking in jest , that he will make his sonne heire of the Crowne , meaning a house that had that signe in Cheape-side ; and another for saying , there goes Ed. 6. in Coleman-street have been most Tirannically murdered and executed , Saul was never so bloody minded . But one passage I may not omit , the Holy Ghost ( foreseeing that Monarchy would have many Advocates to plead for its divine right ) for the satisfaction of all that will not wilfully shut out the light , calls this importunitie of the Israelites to have a King to be a great wickednes , and such a sin that the Lord will not let goe unpunished , but sent unreasonable weather , thunder and raine in wheat harvest , Proverbs 26. 1. As snow in summer , and as raine in harvest , so honor is not seemely for a foole , I hope England will not forget the wet season in summer 1648. how it was mid-winter at mid-summer , and certainely the works of God have a voice and are most eloquent to his owne people ; what the Lord did to the Israelites for their asking a King , England hath great cause to thinke that the Lord was highly displeased with those that would have made peace with the late King , read but 1 Sam ▪ 12. from the 16. to the 22. and it is all one to say , that God is the Author of Monarchy , as that he is the Author of sin ; for the blessed spirit ( which cannot lye ) calls it a great wickednes , the people call it their evill , and Samuel sayes they have done all this wickednes ; yet feare not , for the Lord will not forsake his people ; for his great names sake , because it hath pleased the Lord to make you his people , and he promises to pray for them ver . 23. as if Monarchy was such a great sin that if it had not beene , that the Lord will not truly destroy his owne people , Psal . 89. 33. Exod. 32. 12. ( for what would the Egyptians then have said ? ) hee would never have pardoned it , for a Iust rationall Goverment is one of the things that is of the greatest concernement in the world : but is it not said 1 Sam. 15. 9 , 10 , 11. that God set up Saul to be King ? true , but no otherwayes then he set up Pharoah to oppresse his own people , but Saul and the people spared Agag , and the fatlings which was Sauls disobedience , and observe for what Saul lost the Kingdome , the people will have a King ; though he erre but in mercy , saying , it is more noble to save him whom wee may destroy then to kill him whom wee may save alive , and the best of the Sheep and the Oxen , spared for sacrifice unto the Lord , and confessed his sinne v. 24. Saul said unto Samuel , I have sinned , for I have transgressed the Commandement of the Lord and thy words , because I feared the people and obeyed their voice , 25. Now therefore I pray thee pardon my sin & turne againe with me that I may worship the Lord , 26. And Samuel said unto Saul , I will not returne with thee for thou hast rejected the Word of the Lord , and the Lord hath rejected thee from being King over Israel , 27. and as Samuel turned about to goe away hee laid hold upon the skirt of his mantle and it rent , 28. and Samuel said unto him , the Lord hath rent the Kingdome of Israel from thee this day , and hath given it to a neighbour of thine that is better then thou , 29. and also the strength of Israel will not lye nor repent for he is not a man that should repent 30. then he said , I have sinned , yet honour mee now I pray thee before the Elders of my people and before Israel , and turne againe with mee that I may worship the Lord thy God , 31. so Samuel turned againe after Saul and Saul worshipped the Lord ; what would not the mercifull God of Israel pardon the King of Israel an error in mercy ? being but too pittifull to spare a great man that happily might have repented ; that confest his sin , prayed for pardon , that he might worship the Lord , that prayed againe for pardon , of that particular sinne , and did worship the Lord accordingly , that was annointed , 1 Sam. 10. 1. in token of the giftes and graces of Gods spirit , and kist by Samuel for congratulation and homage , 1 Kings 19. 18. Psal . 2. 12. it speaks aloud to me , that the Lord was very angry at Monarchicall Goverment , and that Kings when they have possest themselves of such a God-like state , and Immense powers , Incompetible ( almost with humanitie ) not only by force and usurpation , but by the peoples consent or election , as Saul was ; the people shouted and said , God save the King , 1 Sam. 10. 24. and Chap. 11. 15. 't is said , that the people made Saul King , and Saul and all the men of Israel rejoyced greatly , yet one offence and that a small matter in comparison ( though no sin be little that is committed against the great God ) makes a Monarch to forfeit all his Royalties ; for when people , either for feare , or through the vanity or pride of heart , will tye themselves by Oathes or Covenant , to be in subjection to any man ; the Scripture tells them that God is angry with them for giving away that libertie , which he would have them keep , and if they breake their trust never so little they may plucke them downe and choose godly and Iudicious men to rule over them in the feare of the Lord ; certainly Saul was a Saint in comparison of the pretenders to Monarchy in our dayes : He sins in mercy not in cruelty , confessed his sin , never used any means to be King but hid himselfe as unwilling and unworthy to be King , ventured his life most freely for the people , was not guilty of Innocent Blood as we read of , unles it were in the case of the Priests , 1 Sam 22. 19. tooke the newes of his rejection from Samuel patiently , acknowledged divine Iustice in all , and would not have a man suffer that denyed his title to the Crown as in the place before alledged : How unlike was Saul to Charles the last ; but by Solons law , no evill is to be spoken of the dead least quarrells should be immortall ; He hath appealed to a higher Tribunall , where no error will be found in the sentence pronounced against him , but all that had a hand and acted in that execution from a consciencious principle to be rid of Tiranny and oppression , in discharge of their duties to God and man. Not for any sinister end to make themselves great , but faithfully to serve their generation ; will have much cause of rejoycing therein , at that great day when the secrets of all hearts shall be disclosed , and many Iudgments given in severall Courts shall be reversed , but that undoubtedly will be confirmed . Object . But it is strongly objected for Monarchy that God accepted David , it is said of him , 1 King. 15. 4. 5. Nevertheles for Davids sake did the Lord his God give him a lamp in Ierusalem to set up his Son after him , and to establish Ierusalem , because David did that which was right in the sight of the Lord , and turned not aside from any thing that he commanded him all the dayes of his life , save onely in the matter of Vriah the Hittite . Ans . Gods choosing David was no approbation of the Kingly office in him , more then in Saul ; God never said , that Davids office was after his own heart , unles sin and great wickednes be after Gods heart ; God gave Saul gifts , he had a spirit of Regiment , the Israelites were resolved to have a King as the Heathens had , whether God would or not ; let them have one sayes God , at their own perills , when the King was good and governed them as the good Iudges did , and would give an account to the people & a reason of all his actions , Then God had his will , and the people had their wils , to have the name of a King , but the Nature of good magistrates ; and certainly I have thought many times upon the late troubles that if I durst ( have asked any thing in the world contrary to the minde of God ) which may not be , mee thinks it should have been the continuance of a Kingly Goverment in England , to have had the preeminence and power in one , Good , Gracious , Iust , Mercifull , Valiant , Faithfull , and Patient Man , as a Moses or a Iob , Iehosophat , Iosiah , or Hezekiah , that would dye for the people . A Christian that like his Saviour Iesus Christ goes about doeing good , Acts 10. 28. that makes it his trade to relieve the poore people , the father lesse , and widow , and such as are oppressed , and his recreation to sit down at night and thinke upon it , and that day which he hath done no good in , he counts it lost . A man whose maine resolution of his soule is to know God as accounting it the most honorable thing in the world for the Creature to know its Creator that counts it his chiefest good to promote the glory of God ; to doe good if it were possible , to every visible object , and living creature , at least to pray for them : A man that loves the Saints as his owne soule for Christs sake , knowing he will reward him , and puts forward every good motion withall his might , that will renounce his owne honour and become of no reputation and thinke himselfe highly honored if by the meanest office of love he may be serviceable to any , specially to the Elect , if such a man had a plenartie of power to doe what he pleased without controle from a blessed principle of love to God what aboundance of good might an E. 6. have done had his dayes been numerous whom God onely shewed to the world , and recalled him as not worthy of him , I say , what aboundance of good might one such rare incomparable person doe in a short time when great Councells can move like great bodyes but slowly , but this is but worldly wisedom to be wise above what is written , for man to be wiser then God , who sayes , it is dangerous to trust any single person ( though never so singular ) with an unlimitted power ; for the best men are but men at the best , and there is no grace but may be counterfeit , he that seemes to be a Paul to day , may be a Saul to morrow , the heart of man is deceitfull above all things , and the very conceit of such a power is enough to corrupt the best man living , therefore the best goverment is to have Princes of the congregation , godly & righteous men to be chosen , governors , and Iudges , ( a Iosua to lead and conduct their Armies against their Enemies which Iob calls a King in the Army , Iob 29. 25. is a sweet text for a generall ; I sat chief and direct as a King in the Army as one that comforteth the mourners , V. 11. to 18. When Iob was compassed about with extraordinary honors , and seated in the Assembly of other Easterne Princes , sat in the Chaire ; those honors entred not into his soule , but his thoughts were taken up , about the afflicted and miserable , such as were in a mournefull condition ▪ his soule was with their soules , to alleviate and ease his distressed Countrey men by bearing part of their burden , his greatest coverousnes was to enrich the poore , and the desire of comforting them was always the strongest of his passions ; and so the people are not to be led up and downe by the noses , but the Magistrates are to open their eyes , who are very sensible of their own good ; and this is the minde of God and great designe of Heaven to governe the world by rationall men as hee enlightens it by the sun ; for Reason is the soule of all things sublunary , and the life of all Iust human lawes without exception , by this reason no man in the world ought to challenge a power unaccomptable over others ; for the people are more immediatly the originall of all Iust power , then any King ever was , of a Constables authority : And ought to be accountable by the same reason for offences against the Publique good , as a Constable for his offence , but it is not the name of a King but the boundlesse power which I argue against ( though the Romans for the insolence of Tarquin would not endure the name ) if any people shall place the Legislative power in Parliamentary authority and give unto one man the Title of King for their better correspondency with forraigne Kingdomes , with no more power to hurt the people , then the Duke of Venice or the Duke of Genoa have ; such a goverment may be Iust and Rationall , but Domination is a sweet morsell , let all States take heed how any man growes too popular & engrosses too much power into his hands . Object . But many object that Paul and David being annointed by Gods speciall command , that their office was pleasing unto God. Ans . I agree that Annointing does generally imply that God accepts of such persons and things that are so annointed by his command ; but observe , that God and the people were of a contrary minde in that Action ; God appointed and annointed Saul as a Captain to goe before them to defend them from the Tyranny of the Philistines , 1 Sam. 9. 15. 16. and Chap. 14. 47. So Saul tooke the Kingdome over Israel and fought against all his enemies on every side against Moab and against the Children of Ammon , and against Edom , and against the Kings of Zobah , and against the Philistines , and whithersoever he turned himselfe he vexed them ; but the people tooke it as an accomplishment of their desires to have a King as the Nations had , which power God gave him not , but told the people that hee would make them cry . Chap. 8. 18. And yee shall cry out in that day , because of your King which yee shall have chosen you , and the Lord will not heare you in that day ; and wee read , 2 Sam. 21. That they had three yeares famine for Sauls wickednesse , because hee had slaine the Gibeonites in his zeale to the Children of Israel ▪ it is a golden Scripture sufficient to satisfie an Iron age of men that are so stupid to thinke that Kings and their Children are not to be executed for murders ▪ vers . 1 , 2 , 3 , 4 , 5 , 6. 9. then there was a famine , &c. and so did Iob 4. 10 , 11. The roaring of the Lion , and the voice of the fierce Lion , and the teeth of the young Lions are broken , the old Lion perisheth for lacke of prey , and the stout Lions whelps are scattered abroad : I judge the meaning of it to be , that men who raigne like Lions , Kings and great ones who under the face of men carry the hearts of Tygers ; and their Children who equall them in ▪ and inherit their fathers crueltie ; and their wives who surpasse them in Insolence , and Marian persecntions ; must all receive such punishments as their sins deserve , they end their lives tragically , heaven hath , and will make it seene in their persons that it never leaves cruelties without chastisement , as there shall be no Innocent ones abandoned , so the greatest persons that are culpable shall not be unpunished , such as plough iniquity and sow wickednes shall reap the same ver . 8. 9. those to whom the newes of the murder of the Innocent is as sweet , as a plentifull harvest is agreable to the husbandman ; shall not be able to avoid the stroke of Iustice , but be like high trees that are planted upon the mountaines shall be made a sport and pastime for the windes , and tempests . But the poore Gibeonits case before wee leave it , affords us an excellent document how Gods Israelites ought to carry themselves towards Ismaelits and Canaanits , that would have destroyed them , viz. to be very sparing in promises and protection towards them , but haveing once conditionated with them and received them into favour , to be very liberall in performances towards them , and not to violate faith given in a title , though the conditions were obtained by craft and deception ; And now I humbly intreat you to observe what little esteeme David had of Sauls Royall seed to hang up seven of them ; for what offence does not appeare , but very probable that they had given Saul bad councell to destroy the poore Gibeonites ; and yet David had sworne to Saul not to cut off his seed after him , 1 Sam. 24. 20. 21. And now behold I know well that thou shalt surely be King , and that the Kingdome of Israel shall be established in thine hand . Sweare now therefore unto me by the Lord that thou wilt not cut off my seed after mee , and that thou wilt not destroy my name out of my fathers house , and David swore unto Saul : With these two arguments I doe in the name of the Lord , Challenge all the Royalists in England , Ireland , and Scotland , to answer them if they can , or rest satisfied with Scripture and reason . 1. That no oath of Allegiance or Supremacy can be any ground to any people not to doe Iustice upon a King for murder ; David a man after Gods owne heart ( that never offended but in the matter of Vriah ) therefore did not erre in delivering up Sauls seven sons to execution ; would not make his oath to Paul a ground not to doe Iustice ▪ for the Spirit of God in David argued thus , I am by the Law of Nature as I am a creature , a poore worme bound to the holy and just Law of my Creator ( which is unchangeable and undispensable ; God can no more dispense with my loving and obeying of him , then hee can cease to be God by reason of his Infinite goodnes ) which Law is ▪ that blood requires blood , Genes . 9. 6. It is a fundamentall Law without which there can be no conservation of human society , and I finde in the Law of God that my eye must not pittie him that sheds blood , Deut. 19. 11 , 12 , 13. But if any man hate his neighbour and lye in wait for him , and rise up against him and smite him mortally that he dye and fleeth into one of these Cities : then the Elders of the City shall send and fetch him thence , and deliver him into the hand of the avenger of blood ; that he may dye , ver . 5. thine eye shall not pittie him , but thou shalt put away the guilt of Innocent blood from Israel that it may goe well with thee ( paralell whereunto ) is 2 Kings 14. 4. And also for the Innocent blood that he shed , ( for hee filled Ierusalem with Innocent blood ) which the Lord would not pardon . And therefore when I take an oath of Allegeance or Supremacy , it must be saving that faith which I owe unto my Creator ; as in Iustice Littletons case when any man did Fealty to his Lord , it was with a saving that faith and dutie which he owed unto the King , and those other Lords which he held land of , by Priority of Tenure , which if it were not expressed it is implyed in Law. 2. Thus I argue that if it were just to put Sauls sons to death for their fathers sin wherein hee was principall and they but accessaries , at the most ; doubtlesse it had been just to have recompenced it upon the head of their father , it could be no sin to put Saul to death for killing the Gibeonites where it was lawfull to execute his sons which might have made many pleas , that what they did , was Sauls command , they had the Kings Commission of Array and warrants from Saul to raise forces to secure the Countrey , and under pretence of keeping the peace to plunder and destroy whom they pleased , but observe what a glorious sight it was in the eyes of heaven , 1 Sam. 21. 14. when those seven sons were executed , God was intreated for the Land : It may be the common Law would have acquitted those seven gentlemen , because regularly where the principall is dead , the accessory cannot be tryed , but the Law of God makes all principall in murder whether present or absent , as the Law of man makes all principall in the highest offences of Treason , and the lowest offences of trespasse ; nor did David question , what ? shall I shed the blood of the seed Royall for the Gibeonites who were strangers and bondmen , hewers of wood , and drawers of water , upon which Eternall Law of Righteousnes , Major Ottoway and Cornet Grant , were shot to death for murdering an Irish-man at the siege of VVaterford who having leave to goe into VVaterford to receive some money and to returne , was at his coming backe murdered by their Orders or Command , for which by the Councell of Warre they were justly condemned , and the execution was a most famous peece of justice , for had not zeale and love to Iustice preponderated , and out-voted all private affections much might have been said for the vallor , Gallantry , and hopefulnes of the Major , and Cornet ; I could not in faithfulnes but mention it as being a case so parallell to that 1 Sam. 21. That Sauls sons should be executed for murder of the Gibeonites , and out of my dutifull respect to beare witnesse to the exemplary and exact discipline of the Army where vice is punisht & vertue rewarded whereof I was sometimes Advocate , and count it more honorable to be a member of an Army fighting for Christ then to be head of an Antichristian Empire . But before we leave David , let me but observe how the anger of the Lord was kindled against Israel for Davids one sin of numbring the people ; what had the poore sheep done that 70000. men from Dan to Beersheba should dye by the Pestilence in three dayes ? Did not God thinke you therein reckon with them for their Kingly goverment , you will have a King saith the Lord to them , whether I will or no ; you shall now smart for your wickednes ; for your great wickednes , for unmanning your selves , making your selves lesse then men , to make one man equall with God , to doe what he pleases ; I will not endure it in my owne people ; Eli sinned , yet the people not punisht , for he governed the people according to the minde of God ▪ but you will have a King , sayes the Lord , as the Heathens have , be it so , but if he sin I le punish you , not only with the famine , but by a great pestilence , and as you like that , so continue your Kingly goverment . Object . But Davids dayes drew to an end therefore he gives a charge to Solomon his son , of righteousnes , saying , there shall not faile thee a man on the Throne of Israel , 1 Kings 2. 4. which expressing a stability of Davids Throne : some may argue , that God approved Kingly goverment . As also there is another objection that should have had priority in Deut. 17. 14. to 20. That God gave a Law for chusing a King , therefore he approved that government ; the answer whereunto is easie , that the Lord foreseeing , that when he had brought them into Canaan they would desire a King , like the Pagans , being a people deere unto him , he would not therefore cast them off ; but tells them how to make the best of a bad bargaine , that if they will play with the Lion or the Beare let them plucke out his teeth ; all Kings are ravenous creatures in point of their office , but some will doe lesse hurt then others , and the words of the Text are very perspicuous : when thou art come into the land which Iehovah thy God giveth thee , and shalt possesse it , and shalt dwell therein , and shalt say , I will set a King over me like as all the nations that are about me , &c. So that the rise of Monarchy was plainely from the peoples pride , the words are not , that God will set a King over them , but they will have one against his desire ; If Pride , Luxury , & Rapacity which were called R. 2. daughters , and that if he did not marry them they would undoe him , be of a divine of spring and originall ; then Monarchy is ; but the very constitution of it is Tirannicall , Antichristian and diabolicall ; And now the reason why God chose the seed of David and not the seed of Saul , was not his approbation of Monarchy , but because he had appointed Iesus Christ to come of Davids race , Genes ▪ 49. 10. The scepter shall not depart from Iudah , nor a Law-giver from between his feet untill Shilo come , and to him shall the gathering of the people be ; therefore a King must be untill Christs time ; yet onely over the Tribes of Iudah and Benjamin , for the ten Tribes were carryed away Captive ; and who knowes but that the reason thereof was principally because of their great wickednes ; in casting of Gods goverment by godly righteous Iudges , and setting up Monarchy like the Heathens ; and so Davids posterity did not terminate and end untill Christs time , because the Law-giver was not borne before . Solomon therefore after Davids death , was a most glorious King , who preferred wisedome before honor , riches , and pleasure , none before him or after him were ever like unto him , 1 Kings 3. 12. 28. For the Wisedome of God was in him to doe Iudgement , yet being but a man was drawne away by his wives to Idolatry , and did evill in the sight of the Lord , 1 Kings 11. 5. hee went after Ashtoreth the goddesse of the Sidoneans . And there is seldome any so singular , eminent or rare-gifted man , but wants his graines of allowance ; either he is contrited , censorious , passionate , or hath some mixture or tincture of folly which yet must be charged upon the unregenerate part ; See what it is to be an absolute Monarch onely accomptable to God ; if Solomons power had been onely to have confirmed such good and wholesome Lawes as Gods people would have propounded to him , or if Solomon had onely been a leading man in Parliament in probability Israel had not run a whoreing from the Lord after such Idolls ; but you shall tast , sayes the Lord of those bitter fruits which are of your owne planting : It was a web of your owne weaving , a King you would have , well saith God , I will surely rend the Kingome from Solomon , 1 Kings 11. 11. Yet not all the Kingdome , for the Messiah is not borne , and Solomon slept with his fathers , and the people came to Rehoboam his son , 1 Kings 12. who heard his Senators speake , but did as the young men advised him , 1 Kings 12. 10. how like unto Rehoboam are the Monarchs of this world , they will be content to heare what a Parliament will advise , but keep a negative voice , and prefer copper heads before silver haires , and Court Parasites have distinguisht betweene advice and consent , that whereas by ancient fundamentall Lawes Kings could doe nothing without consent of the people in great Counsells and Parliaments , they say , they may not doe it without advise , as if the great Councells of the Law stood only for a Cypher and a Kings pleasure to be the figure , but let such as are wise but call to minde who it was that used this speech of Rehoboam , that the late Kings little finger should be heavier then his Fathers Ioynes , and Adore the Iustice of God in the Tragicall end of such wicked Councellors ; And in the revolt of the ten Tribes from the house of David , see what meanes Rehoboam attempted to reduce them , 1 Kings 12. ver . 21. to 24. And why so ? certainly , because the government was unjust and tirannicall in it selfe , and therefore if the people who in their choice of a King have displeased God , when they have well smarted for their folly , have wit to cast him off , the Scripture sayes , it is from the Lord , God does not say as in the case of Election they have rejected and cast off me , not a word of anger or displeasure , which holds forth this divine truth to all that will not willfully shut their eyes against the light , that if the people in Turky , Persia , Russia , or any place in the world where one man governes , or pretends to rule as he pleases , will rise against him and dethrone him , it is an action not only justifiable , but commendable , and if the King cause any of them to be put to death as Traitors , it is murder in him , and he fights against God , Iustice , and Reason , but it is otherwise where the goverment is just and rationall by godly righteous Magistrates and Iudges chosen by the people , if they be affronted and injured it is an offence , and high treason against the Majestie of heaven , they have not cast off thee , but they have rejected me , sayes the Lord , to a just authority acting for him and giving an accompt to the people of their lawes and administrations in love ; we may observe in Ionathans case , that when the Legislative power is in one mans hand , though none of the worst , what lawes are unadvisedly enacted ? 1 Sam. 14. 24. And the men of Israel were distressed that day , for Saul had adjured the people saying , cursed be the man that eateth any food untill evening , that I may be avenged on my enemies , so none of the people tasted any food : And they came to a wood , and there was hony upon the ground ▪ ver . 26. and when the people were come into the wood behold the hony dropped , but no man put his hand to his mouth for the people feared the oath , but Ionathan heard not when his father charged the people with the oath , wherefore he put forth the end of the rod that was in his hand and dipt it in a hony-combe and put his hand to his mouth and his eyes were enlightned ; then answered one of the people , and said , thy father strictly charged the people with an oath , saying , cursed be the man that eateth any food this day , and the people were faint ; then said Ionathan , my father hath troubled the land , see I pray you how mine eyes hath been enlightned , because I tasted a little of this hony , ver . 30. how much more if happily the people had eaten freely to day of the spoyle of their enemies which they found , for had there not been now a much greater slaughter amongst the Philistins ; 'T is a cruell saw , we had kild more if we had eaten ; Ionathan was a gracious man and had a sweet spirit for goverment , and Ionathan said to the young man that bare his armour , come and let us goe over unto the garrison of these uncircumcised , it may be that the Lord will worke for us , for there is no restraint to the Lord , to save by many or by few . As gallant Caleb said , Ios . 14. 12. If so be the Lord will be with me , then I shall be able to drive out the Anakims : but nothing would satisfie Saul but the life of Ionathan , and the execution of a cruell law and that against nature , for hungry men not to eat food , which in the Hebrew is bread ; now bread being not hony , and that being a penall law , it ought to have been taken strictly ; and so Ionathan not guilty , for a penall statute is not to be extended by equity , for the oath was much better broken then kept , but the people had more wit then to suffer Ionathan to be put to death , ver . 45. nor was Ionathan legally guiltie , because hee was not present when the law was made ver . 3. and 17. nor had any notice of it , and such lawes that are not consonant to the lawes of nature are not obligatorie without full and perfect notice and proclamation thereof made to the people , and in that the Lord did not answer Saul ver . 37. It was because he was angry with him for his rash oaths , he being given to swearing , ver . 44. and it appeares chap. 28. ver . 6. 16. that Gods not answering is a signe of anger , though Saul suspected Gods silence was for some hidden sinne therefore would cast a lot , ver . 7. sayes God to Samuel , I am chief King , thou art my Minister , I rule by thee , therefore they have rejected me in casting off a just goverment free from Tiranny and oppression which my soule abhorrs , for God is King over all the earth , hee keepes the supreme power to himselfe , it is his prerogative onely to give no accompt of his Actions to any creature , and yet in love he is pleased to condescend to poore creatures , and makes out the reason of his administrations ; and the Image of God consists in Holines , Iustice , Mercy , and Goodnes , which is a goverment of a divine originall it comes from heaven and hath a tendancie thither , and those that are my governors have such graces and gifts of my holy Spirit signified by powring on of oyle upon the heads of the rulers , as being necessary graces for priests ▪ Prophets and Kings , but the Israelites would not let the Lord to keep the power in his owne hand to appoint what governor and goverment he pleased . Therefore observe in the next place what course does Ieroboam take to establish his Kingdome , hee thinks to strengthen himselfe by the Idolatry of the two Calves , the people will revolt from me , sayes Ieroboam , unles I make them two Calves of gold and say , behold thy Gods O Israel which brought thee up out of the land of Egypt ; Monarchs care not what they doe , though they destroy even the soules of millions of people to maintaine their pompe and glory , make the people believe sayes he , that these Calves which were made but yesterday , brought their fathers out of the land of Egypt , ver . 27. If they sacrifice they will turne to Rehoboam ; Kings feare that pietie to God will draw away peoples hearts from thē : Monarchs delight wickedly to keep the people in grosse ignorance ; and how foolish was this Ieroboam , 1 Kings 14. to send his wife disguised to the Prophet Ahijah to know whether his son should recover , as if the Prophet could tell the greater and not find out the wifes disguisement , Ideots , Minors , Murderers , any are good enough and will serve to be Kings ; marke therefore what becomes of King Ieroboam , 1 Kings 14. ver . 10. 11. Therefore behold I will bring evill upon the house of Ieroboam and will cut off from Ieroboam him that pisseth against the wall , and him that is shut up and left in Israel , and will take away the remnant of the house of Ieroboam as a man takes away dung till it be all gone : him that dyeth of Ieroboam in the City shall the doggs eat , and him that dyeth in the fields shall the foules of the aire eat , for the Lord hath spoken it ; but if onely guiltie Kings might be punisht it were no great matter , but the poore people must be destroyed for their Kings wickednes ▪ ver . 15. 16. for the Lord shall smite Israel , as a reed is shaken in the water , and he shall root up Israel out of this good land which hee gave to their fathers , and shall scatter them beyond the river because they have made their groves , provoking the Lord to anger , ver . 16. and hee shall give Israel up because of the sins of Ieroboam who did sin , and who made Israel to sin ; blessed Lord ! it was Ieroboam that made the groves & high places and not the people , but when the people choose a King , what he does , is reputed their Act ; they doe it by him , as the whole body sees & heares by the organs of the eares and eyes : what a sad consideration is it , that Gods people should be destroyed for the sinne of the Kings of Israel ? let them smart , sayes the Lord , a King they will have , then there was warre betweene Rehoboam and Ieroboam all their dayes , 1 Kings 14. 30 which the spirit of God reiterates Chap. 15. 6. as if Kings delighted in nothing but wars about prerogatives , precedencie , or such triviall matters , the poore people must shed their precious blood , loose their lives , not onely temporall but hazard their inestimable soules ; for as the tree falls , so it lies , their Wives and Children utterly destroyed , and all to attaine and satisfie the ambitious designes and wicked lusts of proud imperious men that set all on flame to warme themselves , as if God had made Bees to make hony onely for the Drones , poore men onely to be as the wooll in the breach to receive Cannon and Musquet bullets ; and yet , when the world is ; in love , and bowells of pittie , jogged & wakened out of this pleaseing dreame , they are angry with their Monitor , and hee that is a friend to publique libertie , is counted an enemy to Cesar , poore Turks , Russians , and Europian slaves , that delight rather in servitude then freedome , and like spannells fawne upon those that most beat them , and are sorry that they have but one life to loose for the glory of their Soveraigne ; well , after Ieroboam and Rehoboam , there was warre betweene Asa King of Iudah , and Baasha King of Israel all their dayes , 1 Kings 15 , 16. 32. and see what became of Baasha , 1 Kings 16. 1. Then the Word of the Lord came to Iehu the sonne of Hanani against Baasha saying , for as much as I exalted thee out of the dust and made thee prince over my people Israel , and thou hast walked in the way of Ieroboam , and hast made my people Israel to sin to provoke me to anger with their sins : behold I will take away the posteritie of Baasha , and the posteritie of his house , and will make thy house like the house of Ieroboam the son of Nebat , him that dyeth of Baasha in the City shall the dogs eat , and him that dyeth in the fields shall the fowles of the aire eat . Then Elah succeeds Baasha , he being druncke was killed by Zimri , who made himselfe King , 1 Kings 16. 9. Where Monarchies have been elective or gotten by force or fraud , what hath been alwayes held the best way to secure the new Monarch in his throne but by dedestroying the family of his predecessor , Zimri destroyed all the house of Baasha , left him not one that pissed against the wall , neither of his kinsfolks , nor of his friends , 1 Kings 16. 11. As the Popes alwayes glory to rescinde and repeall the Acts of their predecessors ( what bloody butchers have Kings & Popes ever been , if any man stand in their way , let his name be blotted out ) then Omri was chosen King , and besieged Zimri in Tirzah , Zimri becomes desperate , sets the house on fire and burnes himselfe , ver . 17. 18. and ver . 25. this Omri wrought evill in the sight of the Lord , and did worse then all that were before him ; Ahab his sonne succeeded him , and ver . 30. Then Ahab the son of Omri did evill in the sight of the Lord above all that were before him so that 1 Kings 21. 25. there was none like unto Ahab which sold himselfe to worke wickednesse in the sight of the Lord whom Iezebel his wife stirred up ; and therefore whereas the practise of the primitive Christians is objected , that they prayed for the healths and prosperitie of the heathen Roman Tirants that persecuted them ; here you may see the reason thereof , they knew that if one Tirant died , a more cruell one would succeed ; as the poore woman having had three cruell Landlords successively ; haveing wisht the death of the two former , prayed earnestly for the long life of the third , and being demanded a reason thereof answered , that the last is alwayes the worst , and if this should dye , certainly the next would be the divell , for a more cruell Tiger there could not be in a human shape then the third was ; but concerning the Primitive Christians that were as the Lords garden hedged in , with his protection , it pleased God sometimes to take away the hedge , and to let the wild beasts in ; they saw that through many tribulations and persecutions in the world they must enter into the Kingdome of heaven , and finding that Antichrist was to be their greatest , and the most cruell , enemy to the Church of God ; and that he could not get into the throne during the raigne of the Roman Emperors who hindred him , as it is 2 Thess . 2. 7. 8. therefore they prayed for the prosperity of the Dragon , for the fourth Monarchy , Dan. 7. 7. is generally interpreted to be the Roman Empire , which is described to be very terrible and dreadfull , and exceeding strong , it had three iron teeth , it devoured and brake in peeces , and stamped the residue with the feet of it , and if this heathen Empire was taken away , the poore Christians knew that the same power must be given to the beast Anti-Christ , Revel . 13. And therefore it were better for them to have it continue ; but it is most admirable to observe , that the great Monarchies of the world , viz. Babylonians , Persians , Grecans , and Romans , should be set out , and described by foure beasts ; it shewes unto us , that those that are most highly esteemed by the men of the world are but as beasts in the sight of God , that the great King of Kings ( who rules in Equity and Righteousnes over all the world ) looks upon the great Nimrods and Monarchs of the world with a most contemptible eye , counts them no better then the most ravenous creatures , that are suffered a little to rage for the punishment of wicked men ; when the Lord sayes , that the beast shall devoure his people : It is the King of Asiria , and his wicked Cavaliers , and therefore God threatens to deale with him as with a beast ; I am against thee , O Gog , the chief Prince of Mesbech and Tubal , Ezek. 38. 2. 4. I will put a hooke in thy jawes , and so the Lord threatned to put a hooke in the nostrills of Senacherib the King of Asiria , and a bridle in his lips , Esa . 37. 29. because of his rage and his tumult it was fit to use him as a beast , and marke how contemptibly God speaks of the great King of Babylon and his numerous Army , Ioel 2. 20. his stincke and ill savor shall come up : the Spirit of God gives no other Epithet then a stincking King , an unsavorie prince ; and David speaking of Saul and his Courtiers , Psal . 59. 6. 7. 8. as if he had predicted the deportments and behaviours of the malignants about such time as the late King was Iusticed ; their nocturnall whisperings in Tavernes and Conventicles against the State and such as are Godly in the Land , they returne at evening , they make a noise like a dog and goe round about the City ; behold they belsh out with their mouths , swords are in their lips , for who say they doth heare ( but thou , O Lord , shalt laugh at them , thou shalt have all the heathens in derision , ver . 14. at evening let them returne , and let them make a noise like a dog and goe round about the City , and therefore Gods people may rejoyce in the Lord , as in ver . 16. 17. But we will sing of thy power , yea wee will sing of thy mercy in the morning , for thou hast been our defence and refuge in the day of trouble unto thee our strength will wee sing for God is our defence and the God of our mercie : Indeed he was the song of the drunkards , Psal . 69. 12. but now to be compared to a beast is worse then to be so by nature , for it is no dishonor to a hog to be called so ; for it is but to be as God made it , but for a man to make himselfe a beast is the corruption of the creature , the worst deformitie that can be in the world , and where is there any Monarch in the world , that assumes a power of accompting onely to God , but hath in him the sensuallitie of a swine , the filth and uncleanenes of a Leopard , the crueltie and inexorablenes of a Tiger , Beare , or Lion ; the subtiltie and craft of a Fox , the skittishnes and stubbornes of a Mule or an Asse ; and in what things they have common together with beasts , they are worse then beasts , for beasts will not be druncke with their drinke as the drunkard corrupts himselfe in his drinke Iude 10. they speake evill of that they know not and what they naturally know as brute beasts , in those things they corrupt themselves ; if it would be such a judgement that a man would be willing to endure any misery in the world rather then to have his body turned into the fashion of a beast ; and if our Ancestors have been so diligent to destroy Woolves and such noxious creatures , that whosoever should bring in the head of a Woolfe was to have a reward for it ; what a madnes or lethargie is it in men that would be counted rationall , not onely to suffer Tirants and mysticall Woolves to domineere with a rod of iron when God gives them an opportunitie of extirpation , root and branche ; but to contend against their brethren to set up a Tirant ; to rage like the waters , because they cannot bring in an overflowing Tide and streame to breake downe the banks of honestie and equitie ; what was it that made David wish ? Psal . 55. 6. compared with Ier. 9. 1. to 6. and Psal . 59. Oh that I had the wings of a Dove that I might fly into the wildernes , and there abide ; are not wild beasts in their proper element in a wildernes as fishes in the Sea ? true , but the goverment of Saul and his prerogative creatures was more cruell then the fierce Lion , that will either pitie the crouching passenger ; or not prey upon him till hunger require it , and then put him out of his paine in an instant , but Tirants ( and such are all that will not be accomptable to the people ) keep men in prison many yeares to satisfy their insatiable cruelties ; and torture poore creatures by lingring deaths , denying them the favour of expedition in that kinde , therefore David sayes , Psal ▪ 22. 20. Deliver my soule from the sword , my darling from the power of the dog , the spirit of God in David calls Saul a dog ; better sayes David , to fall into the hands of a Tiger , and wilde beasts then live under a Tirannicall goverment : there is a famous story of some Spaniards , that being besieged by a Tirant and in danger to be taken , the young men first tooke all the old people in the City and let them blood to death , and cut off their heads killing them with the fairest and easiest deaths that could be , next they tooke all the treasure and riches in the City and set it on fire , and then they tooke poyson and poysoned themselves ; and the survivor opened the gates and killed himselfe , so as the enemy had nothing but rubbish and ashes , of two evills choosing the least ; old and yong , and all the City to be destroyed together , rather then to fall into the hands of a Tirant ; where no Iustice can be had the Lord cōtinue and increase the same gallantry and noblenesse of spirit , in the English nation rather to endure any misery in the world , then ever to admit any more of a Tirannicall Goverment , for that is to make our selves lower then beasts ( which are not devoured by those of the same kinde ) to make one man more then a man ; with Titles of Sacred Majestie , and Gracious Highnes , Incompitible with a state of humanity . Now I beseech you , have patience a little longer to observe what strange creatures the Kings of Israel were , and then let every honest hearted man but aske himselfe some such questions as these , whether it is not likely that God would give his owne people as good Kings as to any other Nation ? Secondly , if God was so exceedingly wroth with his owne children for desireing a King , whether will he not be more angry with us if wee should not take warning by Gods people ? Note therefore that when King Ahab was dead Iehoram raigned in Israel , 2 Kings 3. 1. 6. and because there was a famine in the Land , the first newes , is that Elisha the Prophet must be slaine , 2 Kings 6. 31. 32. then he said , God do so , and moreover also to me , if the head of Elisha the son of Shaphat shall stand on him this day ; but Elisha sat in his house and the Elders sat with him , and the King sent a man from before him ; but ere the messenger came to him he said to the Elders , see yee how the son of a murderer hath sent to take away my head , take heed all yee fighters , for the son of a murderer in the 8. Chap. ver . 15. Hazael kills King Benhadad and Elisha told him what a Tirant he would be against Israel , and wept for griefe to thinke how Hazael when he came to be King should oppresse and Tirannize over them then ver . 12. sayes Hazael , why weepeth my Lord ? & he answered , because I know the evill that thou wilt doe unto the children of Israel , their strong holds wilt thou set on fire , and their young men wilt thou slay with the sword and wilt dash their children and rip up their women with child , ver . 13 , 14 , 15. And Hazael said , but what is thy servant a dog , that he should do this great thing ? and Elisha answered , the Lord hath shewed mee that thou shalt be King over Syria , so hee departed from Elisha and came to his master who said to him , what said Elisha to thee ? and he answered , hee told mee that thou shouldest surely recover ; and it came to passe on the morrow that he tooke a thicke cloath and dipt it in water and spead it on his face , so that hee died , and Hazael raigned in his steed . As if a King should take the Sacrament upon it , that hee intends no more hurt to the Parliament then to his owne children and the very same day grant comissions to slay and murder the most saithfull patriots , but see what credit there is to be given to such mens vowes and protestations , 2 Kings 10. 32. Hazael smote them in all the coasts of Israel ; Iehu was next made King by the Souldiours , and 2 King. 9. 24. Iehu drew a bow with his full strength and smote Iehoram betweene his Armes and the Arrow went out at his heart and he sunck down in his Chariot ; then Iehu followes after Ahaziah King of Iudah and smites him and he died at Megiddo 2 Kings 9. 27. and Iehoahaz succeeds Iehu in the Kingdome of Israel , 2 Kings 10. then Chap. 11. Athaliah the mother of Ahaziah arose and destroyed all the seed Royall onely Ioash , who with his nurse was hid and peserved from the massacre , and was afterwards annointed King , and the people clapt their hands , and said , God save the King , 2 Kings 11. 12. and blew their Trumpets ; then Athaliah rent her cloathes ver . 14. and cryed , Treason , Treason , she might with more reason have cryed out ; away with Kingly goverment that occasions so many murders ; treacherie & villanous conspiracies who to get into the throne , and to secure their stations and maintaine their pompe and grandor must destroy poore Innocents and all that stand in their way of absolute Dominion . In Chap. 12. 2. Iehoash did that which was right in the sight of the Lord , yet ver . 20. his servants arose and made a conspiracie and slew Ioash in the house of Millo which goeth down to Silla ; if God sometimes gives a good Iosiah , an Edward the sixt , or a good Queene Elizabeth , the office is not sanctified by the person ; when princes professe love to the people ; It is but sowing the seeds of future troubles and miseries for when Kings are good , the people are never jealous , of their liberties ; and faire language , and a few good Acts and actions , bring the people into a fooles paradise , the prerogative then taking ten times firmer & deeper root in such Halcyon dayes ; and certainly the Tares , Wormewood , Gall , Colloquintida , and bitter fruits which England hath lately tasted of and reaped in such aboundance ; were sowne , set , and planted , in those calmer times ; and the precious blood that hath been shed , is no doubt the seeds time of freedome and glory to the Nation , the ground worke of those precious & durable priviledges , that English-men shall hereafter enjoy , but see Chapter 13. Iehoahaz son of Iehu was King in Israel , ver . 2. and he did that which was evill in the sight of the Lord and followed the sins of Ieroboam the son of Nebat which made Israel to sin , he departed not there from , and the anger of the Lord was kindled against Israel , and ver . 3. he delivered them into the hand of Hazael King of Syria , and into the hand of Benhadad the son of Hazael all their dayes ; it would make the very bowels , liver , and intralls of a Christian , to yearne and stir within him , to consider how poore creatures from time to time have been punisht for the wickednesse of their Kings , sayes David , 2 Sam. 24. 17. Indeed I have done wickedly , but these sheep what have they done ? Let thine hand be against me and my Fathers house , against a Kingly goverment . Next comes Amaziah upon the stage of Monarchy , 2 Kings 14. and his comendation is for doeing Iustice upon those that killed his father ; and sparing the children of the murderers according to the Law of Moses that the Fathers shall not be put to death for the Children , nor the Children for the Fathers , but every man shall be put to death for his owne sin , ver . 6. but vaine man that he was to thinke to prosper , knowing how greatly God was displeased with his office , ver . 19. the people made a conspiracie against him in Ierusalem and he fled to Lachish and they slew him there , and they brought him on horses and buried him at Ierusalom as Rich. the third slaine at the battaile at Bosworth-field by Henry the seventh , was throwne over a horse like a Calfe , and carried to Leister & there interred ; then ver . 23. there was Ieroboam the second King of Israel & he did that whch was evill in the sight of the Lord and departed not from all the sins of Ieroboam the son of Nebat that made Israel to sin ver . 24. then in chap. 15. 3. 4. Azariah son of Amaziah raigned in Iudah & did that which was right in the sight of the Lord according to all that his Father Amaziah had done ; save that the high places were not removed , the people sacrificed and burnt incense still on the high places , so the Lord smote him that he was a Leper to the day of his death and dwelt in a severall house apart by himselfe scarce a king of them that died like other men ; for hee that will take upon him to be above other mens judgements , and only to account to Heaven , is not worthy the society of men , ver . 8. Zachariah the son of Ieroboam reigned in Israel , and ver . 9. 10. he did that which was evill in the sight of the Lord as his Father had done , hee departed not from the sin of Ieroboam the son of Nebat who made Israel to sinne ; how made them to sin ? is not example a morall violence ? that where the King is wicked the people must needs be so ; or is sin taken there for punishment , that the people are punisht for the Kings enormities ; but ver . 10. Shallum the son of Iabe●h conspired against him and smote him before the people , and slew him , and reigned in his steed , what ? would the people stand by , and see Shallum kill their King , and then presently make him King , how violently and insensately are men set upon Monarchy , that though they feele all the Plagues of Egypt upon them for it , yet they will have a King , like the Heathens ; but how fared it with King Shallum ver . 13. he reigned but a moneth in Samaria , for Menahem the son of Gadi , went up from Tirzah , and came to Samariah and smote Shallum there , and slew him , and reigned in his steed , but how does Menahem comport himselfe in his Kingship ver . 16. then Menahem tooke Tipsah and all that were therein and the Coasts thereof from Tirzah because they opened not to him ; and all the women therein that were with child he ript them up ; then ver . 19. 20. Pul the King of Assyria came against him , and he exacted a thousand Talents of silver of the rich men of Israel fifty shekells of silver , thence they tooke the President for Ship-money ; to tirannize and bring themselves and the people into danger , and then take what they please from the people to procure forraigne forces to assist King Menahem to confirme the Kingdome in his hand , but ver . 22. this bloody man slept with his fathers ; and his son Pekahiah raigned in his steed , blessed God! that such a cruell monster should dye a dry death ; but if Murderers and Tyrants were alwayes punisht in this world , men would thinke that there were no other hell for them ; and yet if they were not commonly punisht here , many men would believe that there was no God ; well Pekahiah reigned two yeares , and did mischief enough to have destroyed Israel , because no doubt they might have cast off Monarchy , but would not doe justice upon their King , therefore the Lord stirred up particular men still to doe it , ver . 25. Pekah the son of Remaliah a Captaine of Pekahiah conspired against him and smote him and killed him in Samaria in the Palace of the Kings house with 52. more , and reigned in his roome ; a good riddance of the King and his Cavaliers ; but the more unwise they ( to give them no worse Epithete being Gods people ) to suffer Pekah to be their King , for he abounded in wickednes , and in his dayes ver . 29. seven Cities of Israel were carried captive to Assyria , but ver . 30 ▪ Hoshea the son of Ekah made a Conspiracie against Pekah , and smote him and slew him & reigned in his steed ; indeed Iotham King of Iudah did righteous things howbeit the high places were not removed by him ver . 35. hee is a good man against whom there is but one But , or How beit in his Kingly goverment chap. 16. 2. succeeds Ahaz who walked in the way of the Kings of Israel , and ver . 3. made his son to walke through the fire according to the abominations of the Heathen whom the Lord cast out from before the Children of Israel , and he sacrificed and burnt Incense in the high places , and on the hills , & under every greene tree ; this is the fruit of their crying give us a King , like the Heathen Nations ? it is noted how the Lord drove out the Heathens from before his people to aggravate their folly , that when the Heathens were destroyed , yet they would have a Government like the Heathens ; if the good Kings had removed the high places and burnt the ground , then the wicked Kings had not sacrificed thereon , but if the people had not been starke blind they would have seene their extreame folly in admitting that goverment , but why doe I speake so improperly , as to say good Kings , a good Monarch is a white Divell , cures one and kills twenty ; doe men gather grapes of thornes , or figgs of thistles ? he that is bound to no Law cannot be a good King , for the office is against Divine Institution , and therefore sinfull , unaccomptable Monarchs are no more to be suffered then Divells ; if they doe any good it flowes not from the constitution of the office but as they are private men that would do lesse hurt if they had lesse power ; if one should have a commission to rob ; and he should suffer some poore men to passe untoucht , no thanks to his Commission ; but his Debonaritie ; and naturall pitie ; unaccountablenes is a most corrupt , pernicious , accursed , and pestilent principle , and fountaine from whence must needes flow streames of much Oppression , Injustice , and Crueltie , towards poore people ; chap. 17. 3. Salmanezer King of Assyria falls out with Hoshea King of Israel about New-yeares-gifts : Kings have so many Courtiers to feed , that they must be like the Horse-leach that cry , give , give , therefore the King of Assyria shut him up , and bound him in prison , ver . 4. then was Israel carried away captive , for ver . 21. Ieroboam had made them sinne a great sinne , which ver . 8. and 15. is said to be walkeing in the Statutes of the Heathen and of the Kings of Israel which they had made ; where note , that , the King had the Legislative power , made what lawes he pleased , and the people imitated the Heathen round about them therein in giving the same power to their Kings ; as the Heathens did , to carry life & death at his nod , and honoring a wicked man more then the King of Glory ; ver . 23. untill the Lord removed Israel out of his sight as he had said by all his servants the Prophets , so was Israel carried away out of their owne Land to Assyria unto this day : is it not admirable that the Israelites should be so extreame mad to set up a King like the Heathens to their owne destruction many sins might concurre to their captitie , but the Grand Capitall sin is noted to be their inordinate desire to have a King , the Lawes , Customes , Statutes , and Ordinances of the Heathens ; now marke I beseech you poore mistaken deluded Carolists , if wise men , Gods peculiar people , worth all the world , for suffering such Tirants deserve for ever to be called not the men , but the Children of Israel , more foolish then babes , nay then the brute creatures , that will not impower one of themselves to destroy , or to be cruell to their owne kinde ; It speakes loud to all such , as by Gods infinit mercie have cast off Tirants , to abrogate , repeale , oblitterate and change their Lawes , Statutes , Ordinances , and Customes , to suffer no filthy rags infected with the Plague to remaine ; not to thinke to wash and purifie them , for the Blackamore will not change his skin ; the first worke done at Geneva upon the change of their Religion from Papists to Protestants was ( Reformatio Legum ) to examin their Lawes , and such as were contrary to the Law of God they burnt them ; for Iustice is more necessary in a Commonwealth then reformed Religion , no State can continue without the first , but many flourish in Temporalls , without the latter , salt is more usefull then suggar , and Pearles , though not so excellent in its nature . The next King chap. 18. was Hezekiah ver . 5. who trusted in the Lord God of Israel , so that after him was none like him among all the Kings of Iudah , nor any that were before him , he falling sicke , by prayer had his life lengthened , a Heathen King sent to congratulate his recovery , and Hezekiah did not magnifie the Lords mercie to him , and speake in the language of an Israelite to the Ambassadour , but shewed him his treasures and rejoyced more in them then in the God of his mercies ( a fault that Gods people are too subject unto , when their friends visit them they doe not entertaine the time by magnifying Gods mercy , and multiplyed preservations towards them , but shew one another their fine roomes , cloathes , and such vanities ) for which very thing the Prophet Esay denounces unto Hezekiah the Babilonian captivitie , chap. 20. and see how the poore Iewes were punisht for that very sin of Hezekiah chap. 24. ver . 10. to the 16. At that time the servants of Nebucadnezar King of Babylon came up against Ierusalem , and the City was besieged , and Nebucadnezar King of Babylon came against the City , and his servants did besiege it , and Iehoiachin the King of Iudah went to the King of Babylon , he , and his mother , and his servants , and his princes , and his officers ; and the King of Babylon tooke him in the eight yeare of his raigne ; and hee carried out thence all the Treasures of the house of the Lord , and the Treasures of the Kings house , and cut in pieces all the vessells of gold which Solomon King of Israel had made in the Temple of the Lord , as the Lord had said ; and he carried away all Ierusalem , and all the Prince , and all the mighty men of vallour , ten thousand captives , and all the Crafts-men and smiths , none remained save the poorest sort of the people of the Land , and he carried away Iehoiachin to Babylon , and the kings mother and the kings wifes , and his officers , and the mighty of the Land , those carryed he into captivity from Ierusalem to Babylon : and all the men of might even seven thousand , and Crafts-men and Smiths one thousand , all that were strong and apt for war ; even them the king of Babylon brought captive to Babylon ; blessed God that ever any people of understanding should contend for Monarchy ! when the Spirit of God speaks so plainely , that whether the kings be good men or bad , I will punish the people sayes the Lord , so long as they have any kings ; it is not a goverment of my ordination , kings are the peoples Idols ▪ creatures of their own making ; if they will have them , let them be sure that if the best of their kings doe but out of a little vaine-glory shew his treasures to a Heathen king I le punish them for that transgression ; The next successor was Manasseh , and hee followed the abomination of the Heathens , chap. 21. 9. he seduced the people to doe more evill then did the Nations above all that the Amorites did , and made Iudah to sinne with his Idolls : Is not man a free Agent , if he suffer no outward violence hee hath none within him : but a kings example is unresistible violence . Mercifull God , shall thy owne children , that one of them before they had a king was worth 10000. Amorites , be made worse then the most abominable Heathens onely by having a king , ver . 12 , 13 , 14. therefore thus saith the Lord God of Israel , behold , I am bringing evill upon Ierusalem , and Iudah , that whosoever heareth of it both his eares shall tingle , and I will stretch over Ierusalem the line of Samaria , and the plummet of the house of Ahab , and I will wipe Ierusalem as a man wipeth a dish , wiping it , and turning it upside downe , and I will forsake the remnant of my inheritance , and deliver them into the hand of their enemies , and they shall become a prey & spoile to all their enemies ; this Manasseh shed innocent blood till he filled the streets with it , 2 Reg. chap 22. after Manasseh reigned Ammon , who was the fathers own son in wickednes , and his servants conspired against him , and slew the king in his own house , and the people slew them and made Iosiah king , the hopefull prince , who turned not aside to the right hand or to the left but walkt in all the wayes of David his father , ver . 2. but if the Lord will not turne from the fiercenesse of his great wrath against Iudah , because of the provocation of Manasseh , as it is 2 Kings 23. 26. will not the Lord be intreated to save the people for good Iosiahs sake ? no ; all that the Lord will doe for the best king is to take him away from the evill to come , chap. 22. 19. 20. then chap. 25. Ierusalem the glory of the Lord is besieged by Nebucadnezar king of Babylon who built forts against it round about ; the famine prevailed , and there was no bread for the people of the Land , the men of warre therein forced to fly , the City taken and defaced , ver . 9. the house of the Lord burnt ; and all the houses of Ierusalem , every great mans house burnt ; the kings eyes put out and his sons slaine . 7. and bound him with chaines , as it is more at large expressed , Ier. 39. 7. and it is very observeable ( to teach Gods people how to behave themselves when the people are so mad in contending for Monarchy , to bring Gods Iudgments upon them ) that Ieremiah who in al probability would have been one of the first that had suffered for his faithfulnes , in reproving sin so impartially as he did , was onely preserved Ier. 39. 11. 12. Now Nebucadnezar king of Babylon gave charge concerning Ieremiah to Nebuzaradan the Captain of the guard , saying , take him , and looke to him , and doe him no harme , but doe unto him even as he shall say unto thee , this same Ieremiah that had mourned in secret for the Court vanities , or rather enormities , the insanitie and egregious folly of the people to cast off a Rationall , just Goverment by worthy Patriots that charge their owne estates as well as others , and to establish kings according to the manner of the Heathen , for whose sins so many of the people lost their lives , God punishes the people for their sins , not onely where the kings are wicked and monsters of men , but where they are good men and live good lives ( which yet is very rare ) yet the people must smart for suffering the kingly office to continue ; but if that be not a sufficient argument take another : If the most desparate Malignant in England or Scotland was but in Ireland , to heare of the horrid Massacres that have been committed upon the poore English , 154000. barbarously murdered in one Province , and to see the miserable effects and sad desolations of so bloody a Rebellion whereof the maintenance of the late Kings pretended prerogative was undoubtedly the first inducing cause he was as sure the Author of it as ever the Divell was the Author or first tempter to sin , for without his countenance they durst never have attempted it ; without question , he would be for the Parliament , if it were but from the common sence of humanity , for feare either of being tormented with the Ghosts and dismall apparitions of those poore Innocents , or out of a sad consideration to bethinke himselfe what an astonishment it will be unto him at that great day to heare the cry of all the Innocent blood that hath been shed in the three Nations crying to the Iust God for vengeance , vengeance against all those that have in any sort made themselves guilty or accessary to the death of their bodies , but to the death of many of their soules as it is to be feared ; for as the tree falls so it lyes , many a poore Creature innocently murdered for ought wee know to the contrary might have lived to repent , but the sentence is past , and he can but curse all those malignants that had a hand in his death , as every one undoubtedly had that hath either warred or pleaded for the late King or his posterity . The sum of these and many other Scripturs and reasons that might be alledged to the same purpose is to let you see , that not only wicked Kings have brought misery and the wrath of God upon his people , but the best men that ever swayed the Scepter of Iudah or Israel have been authors and occasioners of ruine and destruction to the poore people ; David by numbring the people , Solomon by tolleration of Idolatry ; Iehosaphat by taking part with Ahab ; Asa for his confidence in the arme of flesh , and his severity to the Prophet ; and Iosiah for his rash and unadvised war with Pharo , Neco , did all of them ▪ though godly men , bring wrath upon Gods people which ( I beseech you observe ) the Iudges of old never did , though Elies offence might be greater then theirs ; yet the people smarted not for that , as for their Kings transgressions , and though the Lord was pleased to choose the seed of David and not of Saul , that did not justifie Israel ; but it was because God appointed Christ Iesus to come of Davids race , from Iudah ; therefore there was a stabilitie of Davids throne , and his posterity to terminate in Christ , and therefore as that Scripture of Genes . 49. 10. The Scepter shall not depart from Iudah , nor a Law-giver from between his feet untill Shiloh come , and unto him shall the gathering of the people be ; might be sufficient to convince the Iewes of their unbeliefe , and that the Messias is come , because the scepter is so long since departed from Iudah ; they have had no King of their Nation but have been many yeares as a scattered people ( though happily their dispersion hath been their preservation , for had they not found favour amongst many Princes , and to live quietly under them , they might in all probability have been destroyed , and in a worse condition then they are ) if there were not some malice and imbitterednes of spirit amongst them against Christians it being so pregnant a Scripture , that a more cleere and expresse Text cannot be imagined ; so we may safely conclude from the forementioned Scriptures ; that if there were not much malignitie in the hearts of people they must needs be convinced that Monarchy was never any ordinance of God but an invention of wicked men acted by the spirit of Satan , being content to Idolize one Tirant , that themselves might tirannize over many : and whereas it is called a Human Ordinance , 1 Pet. 2. 13. Submit your selves to every ordinance of man for the Lords sake whether it be to the King as supreme ; that is either to be intended of a King that is guided and directed by his Parliaments or Counsells who in cases of Competition must yeeld to them with such power as a Duke of Venice or Geneva may have , or else it is an agreement and constitution of Irrationall people , a nation delighting rather in servitude , then freedome ; and those ancient Scholasticks & Phylosophers which made such learned arguments of the best kinde of Goverment , whether Monarchy , Aristocracy or Democracy , were to be preferred , many holding that Monarchy ought to have the preeminence , specially where Kings were good men ; Certainely they did not intend it of absolute unaccountable Monarchs , for Aristoteles King , was no more then a Duke of Venice , greater then any one , but lesse then all ; the Prince of Orenge had two votes in Counsell , which yet was more then right reason allowes ; for that saying of his , that Nature makes Kings , is meant that nature makes men valiant , wise ▪ and amiable , qualified for Kingly power ; or else being such that studied Books more then men did not understand the end of government , and being little acquainted with those many provocations that the best of Monarchs have , to degenerate into Tiranny , and the strong temptations that they have to satisfie their sinfull appetites , and how the Concupisible and Irasible faculties of the soule are predominant , as occasions are presented ; they being good , mercifull , just , and patient , men themselves , judged others accordingly ; and so are most Heteradox and Erronious in that opinion , concerning Monarchy , but they never consulted with the sacred Oracles of God ; which wee that professe our selves Christians must either yeeld unto , or els make Scripture useles , and leave every thing to the greatest incertainty & confusion that is in the world , and so being in the darke may run out heads one against another , like two blind men , that josling complaine of one another , can you not see ? and why doe you thrust me ? but never complaining of their owne blindnes ; in a far thicker Egyptian darknes are all people in the world , in matter of Goverment and Policy that reject the Councell of God , and yet never complaine of want of wisedome , but thinke themselves the wisest people in the world , in contending so eagerly , strenuously and impetuously , for the maintenance of old heathenish Goverments and superstitious customes , Ierem. 8. 9. The Wisemen are ashamed , they are dismayed and taken , they have rejected the Word of the Lord , and what wisedom is in them ? and because many whom I honor in the Lord ; as godly and precious Christians may happily be entangled and captivated with the Majesty of Monarchy , as being borne under it , and are in love with their own issue , though never so deformed ; Deare hearts let us consider , that truth is more ancient then error , and that all are but novelties to the Word of God ; you are in love with fowle mistris Monarchy , not because she is not faire , but for that you are in the darke , and then we tell the Papists , that in the darke Pope Ioane with them is as good as her Lady ; what ever may by carnall politicians be invented for the maintenance of Monarchy , let us give more credit to the Word of God then the wisedome of men which is foolishnes , when it approaches before the God of Wisedom , God sayes , he will not have his people come under a Kingly Goverment , and that hee will plague them for their Kings offences ; if they suffer it , there needs no other reason against Monarchy but a Divine Prohibition ; why was the Manna sweet at one time and at another corrupt ? but because it was Gods Ordinance for the better sanctifying of the Sabboth . Why would the Lord have the walls of Ierica beaten downe with the sound of a Rams-horne onely , but that the more of his own power might appeare ? why was there no more ceremonies used in the cleansing of Namaan but wash and be cleane ; are not other waters as good ? Is not Monarchy more pompeous and like the Heathens ? now God hath protested against Monarchy in all these places of Scripture , and therefore to contend for it , is flat rebellion against the Majestie of Heaven , to make our selves wiser then God : for this is certaine , that what the Lord did enjoine or forbid unto his people of old , in matters of Iudicialls , there is an equity in it , for Gods people to observe for ever ; Gods positive Lawes can no more be altered or changed then his essence ; hee is delighted with the wayes of Truth and Iustice . It is very true , that carnall Israel expected a restoration of Monarchy , and therefore perceiving that Iesus Christ did not exalt himselfe as a Monarch , they did not believe in him , his Kingdome being not of this world ( though he will have a Kingdome in the world ) they did not conclude him to be the promised Messias we thought hee should have restored the Kingdome of Israel ; many godly learned men , are of opinion , that the Lambs bride will not be glorious till the calling of the Iewes ; Iesus Christ hath already a Spouse and visible Churches of Saints in the world ; but come and behold the Lambes bride is conceived to be after the Iewes conversion ; at which time it is likewise conjectured that the Iewes shall have a great command in the world , but no man to be a King over them ; only King Iesus to be Lord and Soveraigne ; Consider well Hos . 1. 11. Then shall the children of Iudah & the children of Israel be gathered together ; and appoint themselves one head and they shall come up out of the Land , for great shall be the day of Iezerel ▪ That head is meant Iesus Christ , the head of his Church , 1 Eph. 22. and Hosea . 13. 9. 10. 11. Oh Israel , thou hast destroyed thy selfe , but in me is thine help . I will be thy King , where is any other that may save thee in all the Cities , and thy Iudges of whom thou saidst , give me a King and Princes . I gave thee a king in mine anger and tooke him away in my wrath : no king but Iesus , And Esay , the 1. holds it out fully what Goverment they shall have when they have repented , Not Monarchy ; but by good Iudges and Councellors , ver . 12. how is the faithfull City become an harlot ? it was full of judgement ; righteousnes lodged in it , but now murderers ; so long as they had their good Samuels , Iustice was like a mighty streame ▪ but when they would have a king like the Heathens then men were made offenders for a word , & if any man stand in the way of the kings domination the kings Iudges for money would condemne him , as in the case of Naboth for his vineyard , ver . 23 thy Princes are Rebellious , and companions of theeves ; therefore ver . 25. when the Iewes shall be converted , sayes the Lord , I will take away the tin ( of Monarchy ) and I will restore thy Iudges as at the first , and thy Councellors as at the beginning ; afterwards thou shalt be called the City of righteousnes , the faithfull Citie , there are hopes now that England , Ireland and Scotland may be faithfull Cities , the drosse and Tin of Monarchy being happily purged away , the Lord tells them againe of their sin , in choosing kingly Goverment in the dayes of Hezekiah . Hos . 8. 3. Israel hath cast off the thing that is good : the enemy shall pursue him , ver . 4. they have set up Kings but not by me , they have made Princes : and I knew it not ; did any Royalist ever thinke , that God makes the sin of Monarchy equall to Idolatry ; as there he does ? but let any Royalist ( if he can ) shew me one word of approveing , or commending , kingly office , or Regall Goverment in Scripture . And when God redeemed them from the Babylonish captivity , and gave them Ezra who was a ready Scribe in the Law of Moses . Ezra 7. 6. he speaks not one word of the commendations of Kingly goverment : nor yet Nehemiah who was the Kings cup-bearer , 1 Nehe. 11. a most active and zealous instrument for Gods service speaks not a word of Kingly power to be of God , but chap. 6. 6. 7. Sauballat and Tobiah enemies to reformation ; sent a letter to Nehemiah that it was reputed that he intended to make himselfe King , and appointed Prophets to preach him up King at Ierusalem , but Nehemiah sent word that there was no such thing , but it was feigned by craft and pollicie to hinder the worke of God , and ver . 13. sayes Nehemiah , they would have made me afraid and to have sinned that they might have matter for an evill report that they might reproach me ; and was not this the very language of the Malignants ; that the Parliament intended to make themselves Kings , and many other false accusations raised against them to discourage & weaken their hands from the worke , but blessed be God , that hath maintained a spirit of Christian fortitude in our good Nehemiahs , ver . 11. shall such men as wee , doe good works by the halfes ? God forbid , the Lord thinke upon his servants , both in Parliament and Army for good , according to all that they have done and suffered : And so Haggai 2. 22. prophesies of overthrowing the throne of kingdomes , and the strength of the kingdomes of the heathens , and the chariots , and those that ride in them , but not a tittle in any of the Prophets ; whereby the lawfulnes of Monarchy may be gathered or maintained , if the goverment were lawfull , why should the Lord destroy it ? and if it must be destroyed from amongst the heathen people ( that are ignorant of God , and rationall rather in habit then in act : ) certainely God is exceeding angry with his owne people for suffering Monarchs to Lord it over them , when they have a power in their hands to subdue them . Object . But was not Iesus Christ borne in the dayes of Augustus Caesar who had so great a power , that all the world was taxed in his dayes , Luk 2. 1. and did not Ioseph and Mary of their own accord goe up from Galilee into Iudea to be taxed ? and is not subjection commanded to the Roman Emperors ( that were some of thē monsters of men ? and that even for conscience sake Rom. 13. 5. nay did not Iesus Iesus Christ himselfe worke a miracle to pay tribute for himselfe and Peter , for Caesars service ? Ans . First , concerning that of Rom. 13. I marvaile , that any man that hath but a dram of ingenuitie will object it , for it is as cleere as cristall , that the Magistrates there which are not to be resisted , are such as command just things and forbid the contrary ▪ that are not a terror to good works , but to the evill ; for the Law is not made for the righteous man , 1 Tim. 1. 9. Hee that punishes a man for doeing good is no more to be obeyed by any command from God then Satan is ; If God should suffer any people to be spiritually possest or obsest by the Divell , the Scripture sayes , that in such cases onely spirituall reasons are to be used , this kinde of burning , drowning , and persecution goeth not out , but by prayer and fasting , Matth. 17. 15. 21. but when rulers are possest with a spirit of crueltie , hunting and thirsting after the blood , liberties , and estates of honest people ; they are not to crouch under such burthens with an asinine patience , but to quit themselves like men , and purchase their freedome at any rate , for no remedy can be so bad as such a disease ; If it should be intended of Religion , then Nero might have compelld Christians to worship the Sun , and the Apostles had find in Acts 5. and if it should be construed of a submission in Civill matters , that is to arme sin by a Commission against the law but the question is whether Monarchicall Government have any footing or Divine approbation in Scripture ; for God is not obliged to hinder sin and oppression , but he approves it not ; there is a plaine and direct prohibition against it ; my people shall not have a King , sayes the Lord , but we will have a King , say they ; t is your great sin and wickednes to aske a King , sayes the Lord , but let us have one at our owne perills , say they ; as the poore Iewes said in another cause , his blood be upon us and our children ; let us have a King , though wee smart never so much , and pay never so deere for it , the people are made sensible of their sin in asking a King , and crave pardon for their rejecting God , and a rationall Goverment ; against which expresse inhibition and charter , in that 1. Sam ▪ 8. Some interences are made of the lawfulnes of Monarchy in generall , which yet if it were lawfull ( as it can never be evinced being against reason ) amongst the Heathens , yet it is no argument that it is lawfull amongst Gods people , because of that Divine injunction that they shall not imitate the goverment , nor manners of unbelievers ; but that which Paul by inspiration wrote to the Saints at Rome , was to satisfie them in any doubt that might arise by their living under Imperiall Goverment ; to tell them that untill God did finde out a way to free them from hard Taske-masters , they must submit for conscience sake , if Nero would send to them for halfe their goods , it was better for them to part quietly with them , then to resist , and so to loose their lives ; for what could two or three hundred Christians doe to oppose the Emperours power ; however , he was none of their Lord ; they set him not up , but they came in by blood and conspiracies , or els the Romans elected them ; the Christians were meerely passive in the Goverment , and in conscience ought to pay tribute to them , not as if the Goverment was approved by God , but because it was Gods will that Christians should with as much peace and quietnes as the world would affoard thē , passe the time of their sojorning here in feare , wherein the Saints lookt at the performance of the promises of God , and the will and minde of their heavenly Father , which they found in Scripture to be , that as the people of God had suffered under the Egyptian power those Pharoes and hard taske-masters , and so under the Babylonish power in the captivitie , and had suffered and were trampled upon by the Assyrian , Persian , and Grecian Monarchs ; so likewise they were to suffer and to be oppressed by the Roman power , as we read Dan. 7. where by the vision of the foure Beasts is represented the foure Monarchs men of bestiall spirits that create a propertie by force , as amongst the beasts possession is the onely right , but sayes Daniel , it must not be so alwayes , for ver . 18. and 26 , 27. But the Saints of the most High shall take the Kingdom , and possesse the Kingdom for ever , even for ever and ever , but the Iudgement shall sit , and they shall take away his dominion to consume and destroy it unto the end , and the Kingdom and dominion , and the greatnes of the Kingdom ; under the whole heaven shall be given to the people of the Saints of the most High whose Kingdom is an everlasting Kingdom , and all dominions shall serve and obey him , see Dan. 2. 44. now this is a truth , that the Malignants exceedingly vex and fret at Psal . 2. 1 , 2 , 3 , 4. why doe the Heathen rage , and the people imagine a vaine thing ? the Kings of the earth set themselves , and the rulers take councell together against the Lord , and against his Annointed , saying , Let us breake their bonds asunder , and cast away their cords from us ; he that sitteth in the Heavens shall laugh , the Lord shall have them in derision : then shall he speake unto them in his wrath and vex them in his sore displeasure , ver . 6. Yet I will ( sayes the Lord ) set King Iesus upon his holy hill of Sion ; The Monarchs of the world thinke to intaile their Crowns so fast upon their posterity , and make Lawes like the Medes and Persians to be unchangeable , and men may thinke to establish Royall Statutes , and make firme Decrees that Monarchy shall stand , but the Lord will blow upon them ; It is admirable to consider that Scripture of Ier. 29. Babylon was to be destroyed as it is , Psal . 137. 8. 9 , O daughter of Babylon who art to be destroyed , happy shall he be that rewardeth thee as thou hast served us ; happy shall hee be that dasheth thy little ones against the stones ; and yet for the 70. yeeres the people of God must be patient and pray for the peace of that City where they were captives ; doe but read that excellent place Ier. 29. from the 4. to the 7. 10. If the Parliament had complyed with the late King , and set him upon the throne , it had been putting a golden Scepter into the hand of Anti-Christ , and a reed into the hand of Christ , to have called Christ master but to have Crowned him with thornes ; and a mortall man with Gold ; it had been but mocking and scoffing at the promises of Iustice , Holines , Purity , Peace , Plenty ; and freedom from oppression , which the people of God are to enjoy upon the earth ; for doe but consider how ridiculous it is , to call those Defendors of the Faith , that are offendors of the faithfull ; that make the Saints offendors for a word ; that hate the Saints , as men naturally hate poyson ; from whence it followes , that the darknes and dissatisfaction which hath been upon the spirits of many Christians concerning the Iustice done upon the late King proceeds from their not understanding the Scriptures & not distinguishing the times and seasons which the Lord hath appointed for his people , when to be in a suffering condidition and when to be in a prosperous condition ; the primitive Christians were predestinate to be conformed to the image of their head Iesus Christ , in a patient suffering , Rom. 8. 2. 9. under Tirants , but in these later times the Saints are to get victory over the Beast , and the Kings of the earth shall bring their glory to Gods people , Revel . 21. 24. the Churches of Christ shall not any longer as sucking Lambes be in feare of wolves , or as tender kids in the pawes of Beares , nor as a prey to the mouthes of Lions , but those that oppresse the Lords people shall be fed with their own flesh , and drunke with their own blood , as with sweet wine , and all the world shall know that the Lord is the Saviour and the Redeemer of his people , the mighty one of Iacob , Esay 49. 26. as it is Gods prerogative to binde the Divell in chaines , so the Saints shall binde Kings on earth , let Malignants mocke and jeare at the Saints and servants of the most high God , minde what the Scripture sayes Psal . 149. 1 , 2 , 6 , 7 , 8 , 9. ver . prayse the Lord ; sing unto the Lord , a new song , and his praise in the congregation of Saints ; let Israel rejoyce in him that made him : let the Children of Sion be joyfull in their King : Let the high praises of God be in their mouths , & a two edged sword in their hands , to execute vengeance upon the heathen , and punishments upon the people , to binde their Kings with chaines , and their Nobles with fetters of iron , to execute upon them the Iudgement written : this honour have all his Saints , prayse yee the Lord : that as Paul was delivered from the mouth of the Lion , so the Saints shall be delivered from all the Lions and beasts of prey , for God will ere long visit Babylon and all those Kings that have been druncke with the blood of the Saints , and then all men that are of the same spirit as the holy Apostles were ( as all Christians are animated by the same spirit as the members by the same soule ) shall rejoyce , Rev. 18. 20. and it is a speciall duty of Christians to express their joy by singing & exaltations in the Lord , Rev. 19. 1 , 2 , 3. and for the effecting of so glorious a work the Lord will plead with fire and sword with all the potentates of the earth , Esay 66. 16. but it must be a righteous warr , Revel . 19. 11. And I saw heaven opened , and behold a white horse and hee that sat upon him was called faithfull and true , and in righteousnes he doth Iudge and make warr : for unlesse Iustice be advanced in the front of all military designes , God will not protect the reare ; It is an error in any to hold that the power of Anti-Christ must not be destroyed by the materiall sword and maintained by such only as turne all Scriptures into Allegories ; I doe not count it any superstition for the Gentry of Poland to stand up , and draws their swords at the rehersal of the Creed , signifying , that they wil fight for their Religion against all opposers : And they that are called , are faithfull , chosen , and true , Ier. 51. 20. Thou art my battell Axe and weapon of war for with thee will I breake in pieces the nations , and with thee will I destroy Kingdomes , men of Gods designation and appointment . Hee is the Lord of Hosts that hath taught the hands of his servants to warre and their fingers to fight , Psal . 144. 1. For not only that knowledge which is divine is from God , but skill in armes and expertnes in warrs , which though it may in a great measure be acquired by naturall valour and understanding , voluntary industry , and long experiences , yet considering how many veteran Commanders of noble extraction and education , famous in feates of Chivalrie ; have been foiled , broken in peeces , and beaten at their owne weapons by a few gentlemen ( in comparison ) and inuenile mecanicks and honest tradesmen , whose hearts the Lord hath drawn forth and engaged to fight his battailes ; we must needs acknowledge , that their valor , prowesse and dexterity hath either been infused by God , or improved by him to a miraculous proficiencie . The Scripture is very cleere , that Gods people were governed by Parliaments for though we read , 1 Kings 8. 2. That all the men of Israel assembled to King Solomon , yet v. the 3. the Elders of Israel only came , the people were but vertually present by repre sentation as every man , woman and child , is supposed to be present in Parliament , otherwise an Act could not in reason oblige them ; 1 Num. 4. one of every Tribe , one chief of the house of his Fathers to appeare and stand up for the rest , and more expressely in the 2 Chron. 1. 2. and 5. 2. They are called Captains of thousands and of hundreds , that stand up for Counties , and Cities , Iudges that weigh mens causes , Governors of Forts and Garrisons , and chief men for wisedome , principall officers , for age and prudence , and by Kings , and Princes in severall texts of Scriptures are onely meant eminent nursing fathers to Gods people ; but accountable to their brethren for any Male-administration ; but Kings make themselves so sacred that they may not be toucht , they say , the Lawes are their own Creatures , to which they can no more be subject then the Romans could be subject to their owne slaves ; the Civillians at Paris not long since resolved , that the King could not be plaintiffe in any Action , for he was not tyed to any Law , all is the Emperors as to property , though not as to possession , say some of them , and they have no other obligation but the conservation of their owne dominions and greatnes , they must dissemble for their proper interests : one made many promises and after being made a King , said ; he was not the person that promised , and so all was void . In the Warrs betweene Henry the third and the Barons , most of the Cittizens of London tooke part with the right side against the King ( for never had any King just cause to fight against the people ) who was taken prisoner ; an obstinate man that would not yeeld , though he was brought to a morsell of bread ; the people in that midnight of Popery tooke oathes and protestations from him , for the maintenance of their lives and estates , and set him at liberty , and in speciall he tooke a solemne oath not to question the Londoners for any former matter , wishing damnation , and the lowest chamber in hell for himselfe and his posterity , if he did not punctually keepe and observe them , and tooke the Sacrament upon it , which hee believed to be the very Body and Blood of Christ ; and the people counted him a Heretique that made the least doubt of his non-performance ; what not believe the King upon such solemne Oathes and imprecations ? this was ratified by Act of Parliament , but what followed ? he had no sooner got the Milicia into his owne hands , but the active men that contended for their liberties were Imprisoned , the Liberties of the City invaded , Strangers appointed to be Governors of the City ; those that had been honest put to death ; their goods confiscate , and never poore creatures more miserably afflicted and tormented ; and what promises did Queen Mary make to the Suffolke men at Franingham Castle , that they should enjoy their Religion establisht by Edw. 6. but when shee had got power in her hand shee began to persecute and burne them for Heretiques , the poore Suffolks men besought her to make good her promise , what said shee , keepe promise with Heretiques ? I shall make you know that the members must not be so bold with their head , as to endeavour to rule it ; Innumerable instances might be made of forraigne Princes in this kinde , but it is but to show the Sun with a candle ; Monarchs have no other principles but selfe preservation , though they should intend to performe when they promise ( which I doubt very few of them doe ) it is but as the I esuits teach , to keep untill they have power to break and forgive an injury , as the Italian sayes , till he can revenge it , they have such strong temptations to draw their hearts , from what they have engaged their selves unto ; if it crosse them in point of domination ; which is so sweet a morsell unto them , that no prudent people will ever trust them for matter of their liberties : Richlieus principle and Councell to his Master was , keep your Subjects low Sir , that having time little enough to get bread they may never thinke of any liberties : I doe not know whether his tongue and his head were of the same opinions ( for he was famous for deep dissimulations ) but if he spoke as he thought I might without offence say , that it was as unwise a speech as ever came from a Scholler ; Let me intreat your honorable patience but to read a little of Machiavell ( which Kings study more then Scripture ) his words are these in his Prince ; A King ▪ sayes he , must be a Fox , that he may be aware of snares , and a Lion , that he may scare the Wolves ; A wise Prince ought not to keepe his faith given when the observance thereof turnes to disadvantage ▪ and the occasions that made him promise are past ; if men were all good this rule would not be allowable , but being the people are full of mischiefe and would not make it good to the Prince , neither is he tyed to keep it with them , nor shall a Prince ever finde lawfull occasion to give collour to this breach , very many moderne examples might be alledged wherein might be shewed how many peaces have been concluded , and how many promises made , have been violated and broken by the infidelity of Princes ; ordinarily things have best succeeded with him that hath been likest the Fox , but it is necessary to understand how to set a good colour upon it , and to be able to faine and dissemble thoroughly , and many are so simple and yeeld so much to the present necessities that hee who hath a minde to deceive shall alwayes finde some or other that will be deceived ; Alexander the sixt never did any thing els but deceive men , and never meant otherwise , and alwayes found some to worke upon , yet never was there any man that would protest more effectually , nor averre any thing with more solemne oathes and observe them lesse then he did ; neverthelesse his cosenages thrive all with him ; and further sayes hee , a Prince will be forced for the maintenance of his State to doe contrary to his Faith , Charity , Humanity , and Religion , therefore it behoves him to have a minde so disposed as to turne and take the advantage of all windes and fortunes ; and a little further , let the Prince seeme to him that sees and heares him , to be all pitie , all faith , all integrity , all humanity , all Religion , nor is there any thing more necessary for him to seeme to have then this last quallity , for men in generall judge by the sight and appearances , few by the touch , every man may come to see what thou seemest to be , but few come to the truth and feeling of thee to understand what thou art , and those few dare not oppose the opinion of many who have the majesty of State to protect them , and in all mens actions , especially those of Princes , where there is no judgement to appeale unto , men forbeare to give their reasons till the events and ends of things ; let a Prince therefore take the surest courses to maintaine his life and estate , the meanes shall always be thought honorable and commended by every one for the vulgar is ever taken with the appearance and event of a thing , and for the most part of the people they are but the vulgar , the others are but few in comparison , there is a Prince , says he , that preaches faith , and that Princes are not above their words , but had hee kept his promises hee had lost his state long agoe , so far Machiavell : And another principle amongst Monarchs is , that if any subject begin to have a conceit of his owne merits , or to deserve well from the publique , he must in reason of state be discourted , if not executed ; for seare of factions and Rebellion ; when David came to Ierusalem with the head of the Giant the women met him singing , Saul hath slaine his thousands , and David his ten thousands , 1 Sam. 18. 7. thereby ascribing more honor to David then Saul , for which Saul was wroth against him , and from that houre you may observe that hee never lookt upon him with a pleasant countenance , oh this David he stands in the way of my applause ; he is counted a better souldier , more just , mercifull , or Religious then my selfe , banish him at the least , if not , utterly destroy him ; Monarchy and wholesome Lawes can no more cohabit , then the Arke and Dagon ; take but one divine instance ; what wicked lawes and statutes of Omri were practised and put in execution , even by Monarchs that professed to governe and rule as for the Lord and over his people in that 59. of Esay v. 3. the land is defiled with blood , the King shall have power by Law to pardon murders under the name of man-slaughters , ver . 4. none calleth for Iustice ; nor any pleadeth for truth ver . 5. they hatch Cokatrice eggs and weave the Spiders web , ver . 8. there is no judgement in their goeings , they have made them crooked pathes , ver . 9. therefore is judgement far from us , neither doth Iustice overtake us , ver . 14. 15. and Iudgement is turned away back , and Iustice standeth a far off for Truth is fallen in the street , and equity cannot enter , and the Lord was displeased that there was no Iudgement ; the meaning whereof can be no other then this ; That Evangelicall Propher , or Propheticall Evangelist Isaiah foretelling the Iudgement that should befall his owne Nation by the Assirians and the Caldeans , telleth Iudah and Israel , that principally for corruption in their Courts of Iustice ; they shall be severely punisht , his prophesie rising no higher then to the reigne of Vzziah King of Iudah and Ieroboam the second King of Israel , hee tells them that their Lawes are like Spiders webbs , they entangle poore clients as the Spiders web doth the flyes , to their destruction , and undoeing , their Lawes are spun with so fine a threed that none but Eagle eyed practisers can discerne them ; the plaintiffe hatches Cockatrice eggs , the issue of many tedious suites , is poysonfull and pernicious , if he recover , considering his costs and paines he may put his gaines in his eyes and see never the werse , and if he mistake his Action , or doe not hit the bird in the eye , hee must pay the defendant his costs ( who yet is in conscience indebted unto him ) to his utter undoeing ; but the Spirit of God prophesieing against such wicked Councellors that contend for Monarchs saith ver . 6. their webbs shall not become garments , when Monarchs are destroyed ; their Lawes shall perish with them , they shall prove but as cobwebs to those that practise them , and shall afford them no succour against Gods vengeance , their Lawes are crooked like the serpent , full of turnings and windings , Maeanders and Intricaties ; such as swerve from the strait and easie path of Gods Iudiciall Lawes ; for equity can finde no admittance , or is not able to stand and beare it selfe up ; and ver . the 11. the people roare like beares and moutne sore like doves and looke many yeares for Iudgement , yet there was none ; for Monarchy and good Lawes are inconsistent ; and what Amos saith chap. 5 ▪ 21 , 22 , 23. I hate and abhorre your feast dayes , and I will not smell in your solemne assemblies , 22. though yee offer me burnt offerings and meat offerings ; I will not accept them , neither will I regard the peace-offerings of your fat beasts , 23. take thou away from me the multitude of thy songs , for I will not heare the melody of thy violls , that is , leave off praying and singing till there be a settled course of Iustice betweene partie and partie to run downe not by drops , but like a mighty streame of water in a firme , quicke , cheap and unvariable way , and chap. 6. 8. saith the Lord. I abhorre , the excellencie of Iacob , and hate his Palaces , what blessed Lord ! abhorre thy poore worme Iacob and his fathers pompe and best condition ? sure it must be for some transcendent iniquitie , behold the reason rendred Amos the 5. and 7. and 6. 12. for yee have turned Iudgement into Worme wood and Gall , and the fruit of righteousnes into hemlocke ; Iustice ( which of it selfe is the most pleasing and profitable thing in the world and which being tempered with mercie cures all the distempers and diseases in a Body politique ) was corrupted , made most bitter to the oppressed and most abominable to God , when men are undone by the Law which should preserve them : And the Lawes were no better in Habakkuks time , 1. 13 , 14 , 15. wherefore holdest thou thy tongue when the wicked devoureth the man that is more righteous then he , and makest them as the fishes of the Sea , as the creeping things that have no ruler over them , they take up all of them with the angle , they catch them with their net , & gather thē in their drags , therefore they rejoyee and are glad ; that as in the Sea the greater fishes devoure the lesser so a full pursed malicious plaintiffe or defendant wearies out his poore adversarie and right is conquered by might ; by meanes of those Angles , Netts , Draggs , and Cobwebs , and Rubbs that hang and Iye in the way and allies of Iustice , preferring ceremonies , formes , and shaddowes , before truths , reallities , and substances ; and Monarchs ever loved such wittie Iudges as could expound the Law , that Iudgement should be given as his Imperiall Sacred Majestie desired , and where the plaintiffs cause was so cleere that it was too grosse to give Iudgement against him , then after Iudgement given for him to have such Councell as should finde a knot in a Bullrush , an error in the proceedings , to reverse the Iudgement , and so the poore creature caught like a fish in a Net , or a bird in the snare , and the more he struggles to get out the faster hee is ensnared , for he must pay costs to the defendant who unjustly keeps away his Land from him , and if there be no such net or snare in one Court , then he is brought into another , because Law and Equity ( which should be the oearest friends in the world ) are many times together by the eares and it is hard reconciling them ; and being upon this subject , let but the wisehearted consider what the Lord saith , Esay 1. from the ●1 . ver . to the 18. verbatim , so 5. 7. God looked for judgement but behold oppression for righteousnes , but behold a cry : God will at the length be cloyed ( as one is cloyed with meat which he loatheth , and his stomack goeth against , Prov. 27. 7. with the prayers and devotions of any Nation in the world , that have not an expedient of quicke , sure and cheape Iustice , and will disown and spew out such a people , though they be never so instant in prayer , and by their instancie and importunities hope to speed , Matth. 6. 7. yet his soule hateth them , he abhores it from his very heart ; and take but that precious Text of Ier. 22. 15 , 16. did not thy father eat and drinke and doe Iudgement and Iustice , and then it was well with him , he judged the cause of the poore and needy , then it was well with him , was not this to know me , saith the Lord ? Indeed a man would thinke that it should be easier to finde one good man , that would even sacrifice his life to reputation and for the good of the people , and so one good King for whom the people would even dare to dye , Rom. 5. 7. and if Gods people had been left to any kinde of goverment which they should thinke best they might happily have intrusted some good man with a plenartie of power , and have expected a blessing therein , but Monarchie is against Gods institution , and blessings are onely annexed to Gods Ordinances ; bread & wine in the Sacrament are better to worke devotion then pompious toyes , Images and Puppets are for carnall Gospellers , sayes God , when his people choose a King they reject him . But does not Peter & Paul call an absolut Monarchie Gods Ordinance , I deny it , for the power Legislative was in the Senate , the Romans did never intrust any man by any Legall constitution to doe what he list without the peoples consent in the Senate , Neroes cruelties were never with the peoples consent , but sayes Paul to the poore Saints there , you see what differences there are between the Caesars and the Senators who stand for the peoples Liberties , in such a Case , those that have the swords in their hands as the Emperors had ( the Millicia being at his dispose ) it is best for you to submit to them , those to whom Peter wrote being strangers , scattered by persecution , were not to trouble themselves with State-matters no more then it had been proper for the Dutch or French Congregations that live quietly in London , to have troubled themselves with the difference between the late King and the Parliament : But may not people live happily in a mixt Monarchy ; where the King may have a prerogative in many things , and yet the people enjoy their Liberties ; I say not , for Monarchy and Liberty are inconsistent and incompatible ; Indeed an Apprentice that hath a good master may after a sort be said to be free ; but to speake properly , he is a servant , so if there should be a good King ( like a blacke swan ) the people may be lesse miserable for a season but it cannot hold long , for every creature seeks its owne perfection which depending upon the destruction of one another , they Act accordingly , and therefore for any people to live in quiet it is necessary that they be totally slaves or wholly free , and those Kings at first that promise or pretend to be satisfied with a mediocrity of power ; they doe not intend to rest there , but that they may the more easily compasse what remaines , and for my owne part , when I heare many wise men speake of making peace with the King and tyeing him up so close to his Lawes , that he should not be able to hurt the people ; I thought it was but a kinde of dissimulation to make people beyond Sea thinke him to be a great King , and yet in effect to make him stand but for a cypher therefore I do much preferre the Spanish principle before the Scottish , the first wishes that he had many lives to loose for his King , and that hee had rather loose his life then question the Kings Iustice , but the Scots contend for a King of Clouts meerely for the name of a King that must be whipt if he looke but awry , keeping their Kings in as much awe as schoole-boyes ; for any people to live in slavery whenthey may be free is a basenes of spirit , and for others to contend for a King and no King , I meane a titular King without power not ; so much power as a High Constable hath , to commit a night-walker ; is rather worse , for God that hath punisht grosse profanenes in England and Ireland with rods , will punish hypocrisie in Scotland with Scorpious ; But still versatill witts will be objecting , what , were all the former Emperors Tirants in the foure Monarchies ? or if so , what shall we say of the Kings of Israel & Iudah ? where the King is sole Iudge , or hath a negative voyce there he is unlimitted , and consequently a Tirant that may do wha the pleases , and such a one can never have any love of a people of any understanding ; if the people be Iudges , and may make warre or peace without the King , then he is no King ; it is no discretion to be too much in particulars ; Certainly for the generall , Monarchs have beene monsters of men ; a generation of men and women borne for the scourge and punishment of man kinde , whose wickednes and villanies have been of the highest Elevation and Magnitude , more forcible to provoke and irritate Gods Iustice to punish the world then the honesty and single-heartednes of the people , to incite & procure his pardoning mercie and forgivenes ; Therefore I hope all good people will agree with me , that we have great cause to rejoice in that famous peece of Iustice of Ianuary the 30. 1648. acted where most of their miseries had been plotted ; and as Iosephus records ( antiquit . lib. 18. cap. 6. ) of one Marsias , that after the death of that Tirant Nero or Tiberius ; Hee made an Oration to the people to write every man upon his doore The Lion is dead : and as after the removall of Tarchoni , the Romans would not so much as endure the name of a King ; which comes from the old Saxon word Koning ; or rather cunning ; for they learne to catch the prey and devoure men ; I would intreat my Honored Countreymen to be as wise in this generation as the Romans were before Christs time ; and instead ( of plotting to destroy themselves by hunting after new Tirants ) to consider what the Spirit of God saith in the 19. of Ezek ▪ from v. 1. to the 9. v. Let them say unto the children of the late King , what your mother a Lionesse ? she lay downe among Lions , shee nourished her whelps among young Lions , and shee brought up one of her whelps , it became a young Lion , and it learned to catch the prey , it devoured men ; but when she saw that her hope was lost , shee tooke another of her whelps and made him a young Lion , and hee went up and down among the Lions , he became a young Lion & learned to catch the prey and devoured men , then the nations set against him on every side , and spread their net over him he was taken in their pit , and they put him in chaines , and imprisoned him , that his voice was no more heard upon the mountaines of Israel ; how admitable and adorable is the fulnes of Scripture , as if it had been calculated for the Meridian of England ; Zedekiah was the last King of Iudah , the whelpe was Iehoahaz who was King for three moneths only , 2 Kings 30. ver . 31. he was taken in a pit or net , a phrase importing the manner of catching Lions , of whom Ieremie Prophesied , that he should never returne to see his native Countrey , Ier. 22. 10. the other whelp was Iehoiakim , who went up and downe craving aid from the King of Egypt to make him King ; which was the cause of his ruine , the roaring of the whelpe made a great noyse , by their cruell and tirannicall commands , but they were taken in strong holds , & being dead were buried with the buriall of an Asse Ier. 22. 18. thrown out upon a dunghill ; It is not I but the Spirit of God in the holy Scriptures that calls a King ( that challenges a power against the publique judgment of the people in a nationall Counsell ) and his Children , a Lion and his whelps : the Lord knowes my heart , that I beare no more malice to any one herein mentioned or intended , then I did when I lay in my cradle , and though I should expect no more mercy from them then there is milk in a male-Tiger , if the Lord should suffer mee to fall into their hands , as hee justly might in regard of my sins , though I trust for his mercies sake hee will not ; yet I doe freely pray for blessings upon them , that if it be the will of God , those Fatherlesse Children which are not fit to be Kings upon earth may be Heires of Heaven , to a Kingdom that cannot be moved ; and if it shall please God to give repentance to any of them , that with Achan they shall confes their sin , and give glory to God ; learne to governe themselves , and renounce all vaine and sinfull pretences : I should be an humble Advocate for them , that Mercy might be honorably seated on the right hand of Iustice ; and that there might be not onely a competent , but an eminent exhibition allowed them for their support ; for I could heartily wish , that such as professe Christ , would dye more to vaine Phylosophy , Col. 2. but live to morall Phylosoply , if it were but to learne this lesson , of blessing them that curse us , and doeing the good of Iustice against the evill of injustice ; because for any man to lay aside his Iustice is to deprive himselfe of reason , & to become a brute ; Iustice being neerer of kin to every Magistrate then his child or brother , as being part of his soule , but Iustice without Mercie is crueltie , and Mercie without Iustice is meere fatuitie . FINIS . Pray excuse the want of a Greeke Character and the Errata , viz. OMitted in the title page these words , viz. With some humble petitions and observations interweaved , concerning Cheap and speedy Iustice ; with the Authors hopes above his feares of happy dayes . In the same page leave out late ▪ in the Epistle read in their annotations ▪ for breach read branch ▪ read the Law must be set . for party read Deputy . for records r. retards . for leave it read beare it . for intertolares read intercalares ▪ for it is not r. Is it not . for one Act r. an Act. r. Ima●es . r. seemes . r. a just . r. as the defendant ▪ r. I scarce . for flocke r. stocke ▪ r. many families preserved which would . r. breaden . r. will not doe it . r. may seeme . r. as if godly . r. would sit . r. straitned . r. any time . r. meanest souldier . for begin r. begun ▪ for have been called home r. may be called home . for prudencie r. precedencie . a line left out r. I doe not know that he hath left his peere behind him . fol. 32. for head r. hard . f. 52. for direct r. dwelt . f. 57. for Paul r. Saul f. 63. for contrited r. conceited . fol. 82. r. preserved . f. 90. r. captivity . f. 92. Princes . fo ▪ 96. r. Author of . f. 97. r. not only to the death f. 139. r. when I heard . f. 131. r. Tarquiu ▪ Notes, typically marginal, from the original text Notes for div A34420-e180 Animum verbi Divini studi osum Reformatio Legum . Vivimus . Morimur . Pauca recensentes facile pronunciant . Cura anima rum est cura curarum . Erudimini . Dr. & st ▪ Notes for div A34420-e2900 Monos arkein . Revel . 9. 11. Pauper Calvinus multos fecit divites . Prudentia Humana Capitalis Inimica Christi . Altius patibulum . Habemus legem , &c. Celerem Iustitiam non Iustitium . That Fox Herod . Magno Conatu nugas agere . Spiritum Regiminis non regenerationis . Gloria Papoe successoris est rescindere Acta predecessoris deleatur nomen Calvini . E pessimo Cane ne catulus quidem relinquendus . Igni traduntur lege Papistarum . Habetis confitentes reos ▪ Exeat aula qui vult esse pins . Non unitum sed unum ▪ Tedneken o Leon ▪ A86729 ---- Digitus testium, or A dreadful alarm to the vvhole kingdom, especially the Lord Major, the aldermen, and the Common-Councel of the City of London. Or a short discourse of the excellency of Englands lawes and religion. Together, with the antiquity of both, and the famous Kings that England hath had to defend both the religion and the laws against the heathen Romish emperours, and against the Romish power, under Popes. With the several plots the Popes of Rome have used against the Kings of England, to throwe them down, and how of late he hath prevailed against the magistracy and ministery of England, his new designes, and manner of progress: together, with a serious view of the new oath or ingagement, with 22. queries upon the same. And also objections made against the non-subscribers thereof answered. Let the ingenuous reader take so much pains, as to read that incomparable peece of vindication of a treatise of monarchy by way of discovery of three main points thereof. This text is an enriched version of the TCP digital transcription A86729 of text R206419 in the English Short Title Catalog (Thomason E621_13). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 110 KB of XML-encoded text transcribed from 19 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A86729 Wing H339A Thomason E621_13 ESTC R206419 99865581 99865581 117826 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A86729) Transcribed from: (Early English Books Online ; image set 117826) Images scanned from microfilm: (Thomason Tracts ; 95:E621[13]) Digitus testium, or A dreadful alarm to the vvhole kingdom, especially the Lord Major, the aldermen, and the Common-Councel of the City of London. Or a short discourse of the excellency of Englands lawes and religion. Together, with the antiquity of both, and the famous Kings that England hath had to defend both the religion and the laws against the heathen Romish emperours, and against the Romish power, under Popes. With the several plots the Popes of Rome have used against the Kings of England, to throwe them down, and how of late he hath prevailed against the magistracy and ministery of England, his new designes, and manner of progress: together, with a serious view of the new oath or ingagement, with 22. queries upon the same. And also objections made against the non-subscribers thereof answered. Let the ingenuous reader take so much pains, as to read that incomparable peece of vindication of a treatise of monarchy by way of discovery of three main points thereof. Hall, Henry, d. 1680, attributed name. Hall, Edmund, 1619 or 20-1687, attributed name. [6], 31, [1] p. [s.n.], London : Printed in the year, MDCL [1650, i.e. 1651] Wing attributes to Henry Hall; CtY, to Edmund Hall. Annotation on Thomason copy: "non" is inserted before "Common-Councel"; "Jan: 12th.". Reproduction of the original in the British Library. eng Monarchy -- Great Britain -- Early works to 1800. Loyalty oaths -- Great Britain -- 17th century. Great Britain -- Constitutional history -- Early works to 1800. A86729 R206419 (Thomason E621_13). civilwar no Digitus testium, or A dreadful alarm to the vvhole kingdom,: especially the Lord Major, the aldermen, and the Common-Councel of the City of [Hall, Henry] 1651 19662 33 0 0 0 0 0 17 C The rate of 17 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-04 TCP Assigned for keying and markup 2007-04 Aptara Keyed and coded from ProQuest page images 2008-08 John Latta Sampled and proofread 2008-08 John Latta Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion Digitus Testium , OR A DREADFUL ALARM TO THE VVHOLE KINGDOM , ESPECIALLY The Lord Major , the Aldermen , and the Common-Councel of the City of LONDON . OR A SHORT Discourse of the excellency of Englands LAWES and RELIGION . TOGETHER , With the antiquity of both , and the famous Kings that England hath had to defend both the Religion and the Laws against the Heathen Romish Emperours , and against the Romish Power , under Popes . WITH The several Plots the Popes of Rome have used against the Kings of England , to throwe them down , and how of late he hath prevailed against the Magistracy and Ministery of England , his new designes , and manner of Progress : TOGETHER , With a serious view of the new Oath or Ingagement , with 22. Queries upon the same . And also Objections made against the non-subscribers thereof answered . Let the ingenuous Reader take so much pains , as to read that incomparable peece of vindication of a Treatise of Monarchy by way of discovery of three main points thereof . LONDON , Printed in the Year , MDCL . To the Right Honourable , the Lord Mayor of the City of London . My LORD , YOur eminency for the Profession of Religion , and the lawfulness of your Office , only invites us to dedicate these our papers to you , not that they so much expect your protection , as intend your instruction , they only beg your serious perusal , which may prove a happy corasive , or otherwise leave you excuseless : your Lordship certainly knowes , that this day Michael and his Angels , and the Devil and his Angels are in fight , and the Dragon seemes to have got the better . Now at such a time as it is a sin accursed with a bitter curse , to stand a newter ; for 't is a seavenfold more accursed sin to fall from Michael , and fight on the Dragons side : if he that loves not the Lord Jesus shall be cursed with a bitter curse ; what shall befall that Professer who hateth the Lord Jesus , and persecutes him in his Members ? Certainly , that mans sin comes near to the unpardonable sin against the Holy Ghost : The World may read his name written in Hell in great Characters , the sin against the Holy Ghost may be committed in one Act ; it is a sin frequently committed in this age in England , by Professors , as there are certain straits in the narrow way to Heaven , ( as repentance and self denial ) the which if a man passe , he shall never fall away ; so there are certain precipices in the broad way to Hell , the which if a man passe , he shall never be able to return again , though he heartily desire it . Cain passed this precipice , and Judas in betraying his Master , and Esau in selling his Birth-right for pottage ; we are far from charging your Lordship ( as we are free from acquitting the men of these times ) of these damnable sins , let God and your Conscience condemn or acquit you , before whom ere long you must appear ; our design is only to unbowel that little bigbellied Viper ( of the Romish Conclaves hatching ) the Ingagement , which like the Trojan Horse hath concealed in the belly of it , the ruine of lawful Magistracy , lawful Ministery , and the lawful reformed Religion ; your Lordship knowes full well , that these are three precious Jewels , and your Lordship cannot but know as well , if you please , that this Ingagement is the designed ruine of them all . How sad a progress it hath made already the sincere Protestants of the three Kingdoms to their sorrow know : long since it hath been the design and endeavour of our inveterate enemy the Pope , to extirpate Protestant Magistracy and Ministery ; but they never could effect it until this day , and that principally by this Ingagement : is not the Protestant race of Kings utterly banished this Kingdom by this Ingagement ? and are not all the Protestant Ministers , now about to be turned with their Wives and Children out of their Estates and dwelling-Houses , and banished at the pleasure of their tormenters , and all by this Ingagement . My Lord , We beseech you to consider what Ministers they are that are persecuted ; for what , and by whom they are persecuted ? your Conscience tells you my Lord , that they are the Orthodox , grave , learned , sincere , zealous Ministery of England , that by this Ingagement are persecuted , and for what ? but only because they will not forsake a good Conscience , and a just cause , that Covenant Cause which they ingaged in , which they must do in taking the Ingagement , and that the contrivers of the Ingagement knew full well , and for that end contrived it . And who are they that put this in execution , but they that entred into the same Covenant with us ? that pretended the same cause , those whom we have with the hazard of our lives , Estates , and all we have , preserved from ruine , and been the cause of their promotion ; even those who make Lawes for our ruine : these men out-law us , these men sequestrate and imprison us , these take away our Birth-rights from us , and which is worst of all , these are now about to banish our Ministery , who have alwayes been our comfort and incouragement in times of affliction . Woe unto us , were ever poor Protestants so miserably deluded ? or were there ever such notorious grosse Hypocrites , Apostate Pasters in the world ? are these the Saints that cryed out against persecution of tender Consciences ? is this the year of our liberty so much boasted of by many ? is this the removing of the yoak of oppression and Tyranny ? is this the year of throwing down Antichrist , and propagating the Gospel of Jesus Christ ? when our chief Protestants , both of the Parliament and City , are inforced to look through prison Gates , and the archest incendiaries of the Romish party are imbraced and consulted with ; and when our constant , real , zealous Covenant-keeping Ministery , are they that must be banished , with their Wives and Children ( as in the Irish Rebellion ) and Malignants and Sectarians . Jesuites and prophane Fellows suffered to enjoy their liberties , we appeal to your Conscience ( my Lord ) whether this year be the year of Jubilee with the Protestants or Papists : are not all Oaths , penalties , Lawes and Statutes , taken clearly off from the Papists ? and is not the Ingagement only designed as a snare to catch the sincere Protestant , and to bring him under sequestration , banishment , out-lawry , and what not ? The righteous Lord look upon our afflictions , our unheard of afflictions ; that our Brethren are risen up against us , and hate us , and persecute us with a far more hatred then our open enemies , and that without a cause . The Lord judge betwixt us and our enemies this day ; if we have dealt deceitfully in the Covenant of our God , then let God search it out , and bring us to ruine ; but if we are persecuted for holding fast to our Covenant , the Lord plead our cause : we can with comfort and boldness say this in the midst of our afflictions , Lord thou knowest our integrity , this appeal our enemies cannot make . Come forth ( my Lord ) from amongst the tents of these ungodly men , lest you perish with them , for their folly is made known to all the World , and their damnation sleepeth not : be not found amongst the number of Hypocrites , Apostates , Atheists and Papists , persecuting the poor Church : the sword is put into your hand for the preservation , not for the persecution of a godly , zealous Ministery : The God of all wisdom direct you for the Churches good and his glory ; for which ends we dedicate these our Papers to you . A short Discourse of the excellency of Englands Laws and Religion , &c. IT is not unknown to us the Free-born Protestants of England , that our Nation claimeth the priority of all other Nations in the World for ancient and famous Laws , and Peace and Religion . The Laws and Customs of England , ( saith Learned Fortescus , ) are ancienter then the Laws of the Romans , yea of the Venetians , which are esteemed the ancientest in the World ; they are more famous then others , because better then the Laws of other Nations , and that in a threefold respect , in the subject matter , in the form , and 3. in the disposing of them . The ras substrata of the statute Laws of England , is reason , which indeed is the totum compositum of the common Law . Common Law , is a vast mine of right reason , out of which all other Laws are digged , and fitly squared to the good of the Kingdom : he therefore is esteemed the best Lawyer that spoke the best reason , and herein the People of England excel all other Nations , in that they are only subjected ( by the Law , ) to reason , and the purest reason , which to be , is doubtless perfect freedom ; yea it may truly be affirmed , that by the Law they are subjects only to divine reason ; for we have such a standing Law upon record , that whatsoever Custom , maxim , or Statute , shall be faind directly contrary to the Law of God ; that Custom , Maxim , Statute , or Case , shall be ipso facto void , and so adjudged . And as for the matter for the form , the Laws of England are the absolute , and undoubted best in the World ; for as there is universal obedience required and injoyned to every Law inacted , for there is a general assent in the acting and constitution of that Law . There are 3. estates which concur , ( as joynt causes of the same effect ) in making of a Law . These 3. Conjunctions do make the supreme Authority of the Nation , the Apax , or Culmen potestatis , being set upon the Kings head , all Writs and procession issuing out in his name ; with him are joyned the House of Lords , and the House of Commons : these 3. divisions are limitted by Law ; but compunction they have power to repeal , or make a Law ; and none can say unto them , why do you so ? but either of these apart , are limitted by Law . Limitations of royal power have been made and acknowledged by Magna Charta , and several other acts , and no obedience , acknowledged any otherwise then according to Law ; and King Charles acknowledged , that the measure of his power was the Law , and he desired no more then what he was invested with by Law . And so of the other two estates of Lords and Commons , these three have negative voices alike , have freedom ( in their several places , ) a like freedom to make motions , and freedom to reject what they dislike . This is the absolutest best Government in the World , as is clear from God and Nature . God himself who is the Almighty Monark of all Spirits , hath pleased to reveal himself to Man in a Trinity of persons , and governs the universe by himself , Angels and Men Celestical Bodies , by Sun , Moon , and Stars : the little World Man by understanding , will and affections ; and the Kingdom of England , by King , Lords , and Commons . The King of himself cannot make a Law of himself , if he do , t is tyranny , nor the Lords in a part by themselves , nor the Commons by themselves against the other two , if they do , it is usurpation , exceeding presumption , perjury and Treason , for they are sworn to the contrary by their Oaths of allegiance and supremacy , to act nothing against the Crown and Dignity of their Soveraign Lord the King ; besides , they are sworn to maintain the Priviledges of Parliament . The King makes the first of these three Estates , by a right , which is not by election , nor by Conquest simply , but by inheritance ; for the Saxon Kings laying the plat-form of good Government , here in England continued it succesfully , until the Danes drove them into Corners , subduing them for a time , the which they soon recovered again , and so recovered their ancient Customs and Laws again , and continued them , Edward the Confessor , who was of the Saxon line , having no Heir , descending of his body , intended to make Edgar Ethling , Gran-child to Ironside his successor ; but Edward the Confessor dying , Harrold-Earl , Godwins Sonne , being popular for his Victories , usurped the Crown , and dispossessed the right Heir , deluding William of Normandy , to whom he had promised by Oath the Government of the Kingdom , after the death of Edward . William Duke of Normandy hereupon pleads a right to the Crown of England , by promise ( as he said ) from Edward the Confessor , and hereupon brought an Army with him from Normandy , and gave battel to Harold the Usurper , at Hastings in Sussex , where he overthrow'd him , by whose overthrow , there was way made for a Treaty betwixt Duke William , and the Nobles and Citizens then at London , Duke William pleaded his right by promise , as having a grant of the Kingdom made to him by Edward the Confessor , and confirmed by Harrold , who forswore himself , and usurped the Crown : hereupon Duke William was received and acknowledged King by the Nobles and City of London , after this Edgar Ethling , who indeed was the right Heyr , compounded with Duke William , and for a royal allowance , which Duke William granted him , he reconciled himself to him , and thus William came in as Successour to Edward the Saxon King ; and so it succeeded from the Normans to the Plantagenets , Henry the 2. being the Sonne of Maud , Henry the 1. his Daughter whom he married to Jeffery Plantagenet , who begat Henry the 2. and so it passed from the Normans to the Plantaginets , in whose unquestionable time , eight Kings succeeded each other : afterwards they divided Henry the 4 of the younger house , & usurped the Crown , being of the house of Lancaster ; but Edward the 4. of the house of York , coming in upon a better Title then those of Lancaster , overthrew those that opposed his Title : this Division continued and lived until Richard the 3. died , who breathed the last of the Plantagenets : The Tudors next succeeded the Plantagenets . Henry the 7. matching with Elizabeth , the eldest Daughter to Edward the 4. of the house of York , united both houses of York and Lancaster , laying the white Rose and the red together , in the royal person of Henry the 7. the Scepter fell back into the Current of the old brittish blood : together with the German , Norman , Burgandian , Castalian , and French atchievements , with the intermarriages , which 800 years had acquired , incorporated , and brought back into the old royal time . Nauntons , fegmenta Regalia , p. 2. Sec. 1. So that the Stuarts , have an unquestionable Title to the Crown of England , from the old Christian brittish Kings , whose antiquity is beyond all the Kings in the World . The Tudors expiring in Queen Elizabeth , the mighty Family of the Stuarts , succeeded by an unquestionable Title , as lineally descended from Margaret the eldest Daughter of Henry the 7. of whom descended James the 1. of England , and sixth of Scotland , he reigning 22. years , died and left the possession of England , Scotland and Ireland to Charles the 1. who after he had raigned 24. years , was cut off by a violent death , Jan. 30. 1648. at his own door . So that by this it may appear , by what right the Kings of England have for above these 100. years made the first and chief estate in Parliament , t is by a right of succession and inheritance , always acknowledged and granted by the King . The House of Lords make the second Estate , because the Nobility of a Kingdom are the main pillers of those political Thea●ors where they live , and as they are Clarior et illustri●r pars populi , they do claim that priviledge jure geutium , in this Kingdom they claim it as their Birth-right , never in any age denied them ; their house being far more ancient then the House of Commons ; for Henry the 1. was the first that established the House of Commons , and the House of Commons make the third estate who are called by the Kings Writ , and chosen by the people to be their Trustees in Parl : these being chosen , and come up to Westminster , or the place where the King appoints , they are called over in the Kings presence , and there they answer for what Shire or Town they are , which done , by the Kings Commandment , they choose them a Speaker , who maketh requests to the King , that he would be content that they may injoy their liberties , to speak their minds freely , that they may punish any of their House offending , that they may in doubts have the liberty to consult with His Majesty and the House of Lords , promising in the Commons names , not to abuse , but to improve their priviledges , as faithful , true , and loving subjects ought to do for their Princes Honour and advantage . The House of Commons have power to impeach any person of Treason , except the King ; for the King is one of their Estates and the Head : now neither of these 3. Estates can impeach an other , the King & Lords cannot impeach the House of Commons , because it is the third estate ; and the King and Commons cannot impeach the House of Lords , because it makes the second Estate , hereby the community must necessarily dissolve it self , if either of the Estates could impeach each other : therefore the Lords and Commons be they never so intire and full , have no power de jure to impeach the King , because he makes the first estate in Parl : indeed they have power to curb the exorbitances of each other ; and for this end , their two Estates of Lords and Commons , were devised , to curb the excess of Monarchs ; but in no wise to dethrone them . The House of Commons never was a Court of Judicature , it had a regative voice in the making of new Lawes , and the chiefest hand in granting subsidies , levying Taxes , and imposing Customs on this Kingdom , without whom , the King and Lords could not proceed . The original of the Subjects liberty came first out of Germany , where saith Tacitus , nec Regibus libera aut infinita potestas erat . Kings had not unlimitted power , but the weighty matters of the Realm were dispatched by general meetings of all Estates ; but it can never be found that the House of Commons was a Court of Judicature they are but the Peoples Trustees , and this power they have , that they have a negative voice in the making of a Law , or imposing of any Taxes ; and herein is the great and vast liberty of the English Subject included , that there can be no Law imposed on them , but what their Representatives or Trustees in Parl : shall agree unto , and if after they have agreed unto a Law which proves inconvenient , or not so effectual as was intended for the good of the People . The next Session ( saith Fortescue ) Cancito reformari potest . And thus the Laws of England in their framing are the best Laws in the World . 3. And as the best in their frame and constitution , so they are the best Laws in distribution ; for as all Estates have a hand in framing a Law , so no Estate is exempted from observing of those Laws ; so that English Laws may truly be called Justice in the abstract ; for they do suum cuique tribu●re . They give the King his due , the Nobles their due , and the Commons their due ; to each man , from him that welds the Scepter , to him that holds the Plough , it gives him his right . The Law sets the King above imprisonment , or attainture by his Subjects ; by this Rule in Law , nemo imprisonetur aut disvisietur nisi per judicium Legale parium . Now all other men in the Kingdom may be tryed , because there are to be found his Fellow-Subjects , equal in all the priviledges of a Subject with him ; but a King , take him either in his personal capacity , or publick capacity , he is no Subject of the Law : indeed , he is sworn to maintain and defend the Law . The King is bound to maintain the Law by his Oath , the form of which Oath runs thus . You shall keep the Church of God , the Clergy and People intirely in peace and concord in God , according to your power . The King answers , I will keep them : you shall cause equal and right justice in all your judgements , and discretion in mercy and truth , according to your power . The King answers , I will do it , you shall grant just Laws and Customs to be kept , and you shall promise that those shall be protected by you , and to the lover of God to be strengthened , which the common People shall choose according to their power . To which the King answers , I give and promise it . This Oath the King takes at his Coronation , viz. Parl. Rol. 1. Hen. 4. but in case he doth not so fully execute the Laws as is meete , there can be no Judge legal of the King , because he is a Monark , and there cannot be Judges of the accesse of Monarchy ; for none can be found his equals , and to judge him otherwise , were to deny the Monarch : what is granted to the meaner Subject , which is to be judged by his equalls . But though the Monark cannot be judged , yet the instruments of that Monark may ; for a Commission from the King cannot bear out a Subject beyond Law , the exorbitant Commands of such a Monak , as our English Monark being politically powerless ; and if Authority fail in the supreme Power , the instrument can have none from thence derived to him , but must necessarily fall under the censure of the Law ; so that though the King is head of the three Estates , cannot be molested ; yet the instruments that he implies against Law may be tryed . This Law is most agreeable to the Law of God , and the Law of nature ; to the Law of God , for Kings are the Representatives of God on earth , and none can touch them , we see this clear in two famous instances , in Saul , who ( could crimes have brought him under the censure of men ) had enough to dethrone him ; for he was a Tyrant , a murtherer , and a publick enemy to the Church and State , yet David when he could have done justice upon him , said , God forbid , for he is the Lords anointed , the declared King of Israel . And David that was guilty of murther and adultery , both of them deserving death by the Law , yet was not questioned by his Subjects , because God only hath the power of punishing Kings , and not man . This is most agreeable to the Law of nature ; for if Kings should be subject to their Subjects , then the order must needs be confounded , and the Law of nature utterly rooted up , which orders approves no further then the supreme Authority , which if judged by any , is not the supreme , and so produceth confusion and infinition : Therefore we conclude , that the Laws of England are the best Laws in the World in every respect , both for matter , form , and distribution . And as for Laws , so for pure Religion , it is beyond all other Nations , it received the Apostolick faith almost , if not all out as soon as Rome that brags of its antiquity . Gindas telleth us , that England received the Gospel in the Apostles dayes , Joseph at Armathea bringing it into the Kingdom , and Origen and Turtullian tell us , that it received the Gospel as soon as any Natian in Europe . This we are sure that it hath retained it in its purity , the longest of any Nation , it had a great share in the Presevitians under the Heathen Emperours of Rome ; after that under the Arrian and Entichion Heresies , and after that under Popus , the bloudiest and cruellest enemy to the Church ; so that from the Apostles time till this day , Christian Religion ( though sometimes obscured ) never was obliterate nor extinct in the Kingdom . And as this Kingdom hath been famous for Laws and Religion above others , so it hath been the famousest in the World for Religious and valiant Kings to protect it , and eminent Ministers to divulge it . Lucious the Son of Coilus , who was King of England , was the first Christian King , Jesus Christ smiling upon this Nation above all others , in blessing it with a righteous King , which was a miracle in the World : at that time Constantine the 8. King of England , after Lucius , who was the Son of beautiful Helea , King Coil his Daughter of England , whom she brought forth at York , he becam Emperour of Rome , conquering the Heathen Emperours with a Brittish Army , and so converted Rome Heathen into Rome , Christian the famousest Reformation that ever was wrought in the World , so that England is famous for being the first Christian Kingdom , and setting up Christian Empire , English Kings having been the only great friends to true Religion , in the time of Paganisme . And as they were the greatest friends to Christs Church against Rome Pagan , so they have been the greatest friends to the true Chucrch against Rome Antixfian ; for about the year 1070. when the Pope was in his full height of soverainty , the Normons line succeeding the Saxons in England , were the first Kings that contemned the Popes Authority . William the Conqueror spit at him , and Wilt Rufus who succeeded him , openly spake against the Popes usurped power of binding and loosing withstanding and rejecting his intrapped fopperies , declaring ( against the Pope ) the folly of invocating Saints , he plucked proud Arch Bishop Anselmes nose under his Girdle , in despight of the Pope , and so did the royal Family of the Plantagenets . The Tudors and the Stuarts got their several parts in greater degrees against the Pope , as they succeeded each other . So that the Normans may be said to resist the Pope , the Plantagenets to grapple with the Pope , the Tudors to unhorse the Pope , and the Stuarts to stob the Pope ; King James being the first King that writ against him , & proved him to be Antichrist . Against the Kings of England the Popes have born an old grudge , and indeavoured to destroy those Kings or Queens , which resisted their Authority , at least 12. Treasons against Q. Elizabeth were discovered , and prevented ; which so frustrated Pope Pius Quintus projects , that it broke his heart for malice , that he could not with his Bulls ( which with his own hands he sealed ) depose and dethrone the Protestant Queen ; for she took occasion from the Popes wickedness , and the Papists treachery , to extirpate Priests and Jesuites out of the Kingdom ; whereupon Pope Gregory 13. erected a Colledge on purpose for English Priests and Jesuites that fled from England to Rome , and another at Doway , which was much nearer England , that they might there both frame their granadoes of Treason against the English Court and receive such persons as were succesless in their Treason , and made escapes out of England . Against King James , besides that Treason of Warson and Clarke , the prodigious Gunpowder-plot was contrived by the Papists to destroy the King the Prince , the House of Lords , and the House of Commons , in the twinkling of an eye ; upon this ground , because Pope Clement 8. by a Bull , Commanded that the King should not be crowned without a toleration of Popery ; but God prevented that prodigious blowe . Hereupon the King and the Parl : framed the Oath of allegiance to be taken by every subject in the Kingdom , 't is thus . I. A. B do truly and sincerely acknowle●ge , profess , testifie and declare in my Conscience , before God and the World , that our Soveraign Lord K. James , is lawful and rightful King of this Realm , and of all other His Maj. Dominions and Countries ; and that the Pope neither of himself , nor by any Authority of the Church , or See of Rome , or by any other means with any other , hath any power of Authority to depose the King , or dispose any of his Majesties Kingdoms or Dominions , or to authorize any forraign Prince to invade or anoy him or his Countries , or to discharge any of his subjects of the allegiance and obedience to His Majesty , or to give license to any of them to bear Arms , or offer any violence or hurt to His Maj. person , State or Government , or to any of His Maj. Subjects . I do swear from my hear● , that no withstanding any Declaration or excom. against the King , his Heirs and Successours , or any absolution of the said Subjects from their obedience ; I will bear faith and true Religion to His Maj. His Heirs and Successors , and him and them will defend to the utmost of my power , against all conspiracies and attempts whatsoever ; and I do detest and abhorre as impious and heretical , the damnable Doctrine of the Pope , that Princes may be excommunicated and deprived of their Kingdoms , deposed and murthered by their Subjects , or any other whatsoever . And I do believe that neither the Pope nor any other can absolve me from this Oath , and all these things I do plainly swear according to the plain and common sence , and understanding of the same words , without any equivocation or mental evation , or secret reservation . This Oath ( with the Oath of supremacy ) the supreme Authority of the Nation thought fit to impose upon all the Protestants and other subjects in the Kings Dominions . The Protestants rejoyced that there were such Oaths whereby they might manifest their loyalty to their Soveraign Lord the King , only the Papists refused it , having and using no other plea but tenderness of Conscience , and fear to offend the Church of Rome : these Oaths distinguished Protestants from Papists a long time in England ; during which time , the Kingdom indured much peace and prosperity ; but after the death of K. James , K Charles succeeding him in the Throne , and matching with one of the Popish Religion , a gap was opened for Priests and Jesuites to enter into the Kingdom , and Romish designs were set on foot , for the setling of Jesuites in the Kingdom under the name of protestants ; the Pope granting dispensations , and Jesuites writing books , ( as Ortwinus and several others of the Church of Rome ) that it was lawful for a Roman-Catholique to make profession of the ●rotestant Religion , to go to their Churches , and outwardly comply with Protestants , and yet be a sacred Catholique ; and that it was lawful vulpirare cum vulpibus , to play the knave with a knave , ( they are their own words . ) Hereupon subtil Jesuites under the name of Protestants seated themselves in England undiscovered , held correspondence with the Conclave of Rome , and carried on the Popes design , professing all obedience to the King ; but keeping their poysonous treason against him in their brests , ready to spit in the Kings and his Posterities face , when they had fit opportunity ; for they had learned their lesson within book , that it is lawful to spoil an Heretique King of his Goods , melius tamen est quod Authoritate judicis fiat ; but 't is better to do it by a Court of Justice , this is not a new opinion of the Popes , nor of the Jesuites though newly acted . And this is another opinion of theirs , that uxor Catholica viro haeretico bene volentiam reddere non tenetur , that a Papists wife may refuse to submit to her Husband , she may plot and conspire his death by the Popes Law , and this is another Cardinals opinion , ( whose Books are licensed ) Pater qui filium habet haereticum , exh●reditare talem filium tenetur , that the Father may disinherit his Son being a Protestant , & Simancha episcopus saith ▪ propter tonne haeresin patris filii non sunt sui juris , by reason of the Fathers Heresie the same freed from his allegiance Nay they hold that Subjects may lawfully refuse to obey Protestant Princes , saith Beliarmine ; Non licet Christianis tolerare regem haereticum , That Christian Subjects ought not to tolerate a Protestant King to live ; for in the Papists sense they are the Hereticks . With these poisonous opinions , did many subtil Jesuites and Priests lie about the Court , get into Vniversities and other places in the Kingdom , under the name of Protestants many of them . These with the Popes Nuncio , having won the Arch-Bishop of Canterbury to their party , as States-men conceived , drove on a subtil design to overthrow the Government of the Kingdom by a Parl : and so to pull down the Protestant Magistracy , and all their wholsome Laws , and by insinuating Altars , Crucifixes , Images , and Image-worship , with several other popish Ceremonies , and imposing them on the Ministery of England , thereby they intended at once to root out the Protestant Ministery , and Protestant Religion . This took effect according to the Popes desires so fully , and raised the hopes of the Popish party so high , that they resolved ( like Haman ) to destroy the Church in every of the Kings Dominions . Scotland they intended to new-mould to the Popes model , which Nation , though poor and weak intemporals , proved to the world , that they were rich and strong in spirituals ; for they discovered the Popes designes , and the English Jesuites , & the plots of the Spanish faction ; insomuch , that the Protestant Nobility of England , petitioned the King for a ●arl : which was granted , and the etcaetera Oath , a Popish new Engagement , on purpose devised to supplant the Protestant Ministery , was utterly broken . The Parl : was by the gracious consent of the King established to sit until by their own Act they dissolved themselves . This as it was great joy to the Protestants : so it was exceeding terror to the Papists and Popish faction , many of which fled beyond the Seas to Rome , and other places . Several others like subtil Foxes got on Sheeps-Cloathing , and walked amongst the Separatists , who during the Prelates tyranny , were counted the most religious and zealous Protestants , with these did they joyn and quickly learned their language , fitting them in all things to a hair , crying out against . Antichrist the Pope of Rome , & Common Prayer , or Antichrists Bible , and Bishops as Antichrists brats : this pleased the Separatists , and no whit displeased the most of Protestants , who too far lost their discretion through the violence of their blind passions , who thought to much could not be said against Episcopal Government , it had been so exceeding tyrannical : hereby the subtil Jesuites under the name of zealous Protestants , pluckt the Protestant Ministery , and the Protestant Religion , and the Protestant Magistracy , as much into danger on the other hand , as it had been before by the Popish Prelatick party ; for upon a true bottom did the Romish Sophists build a false Argument thus . The Pope is Antichrist ( that 's true ) the Pope made Bishops ( say they ) and the Bishops made Ministers : therefore the Ministers now were set down for Antichristian Ministers : here the Devils Cloven foot appeared , and mark what progress and advantage they made of this : The next consequence was : If Ministers be Antichristian , then the Ordinances they administer are Antich . Baptisme is Antich . singing Psalms , observing the Lords day , meeting in Churches , all this was Antichristian : so that the Pope set up two designes for the miscarriage of that of Scotland ; for what with the Parl : just and strict proceedings against the Popish party about the Court , and what with their prevalency at Court with the Queen and the King ; designes by the Court factions were on foot , to bring the Northern Army against the Parl : to over-awe them ; as appears in the preamble of their Protestation , made May 5. 1641. Thus , whereas the designes of Priests , Jesuites , and other adherents to the See of Rome , have of late been more frequently and boldly put in practice then formerly , to the undermining and danger of the ruine of the true reformed Protestant Religion , and the subversion of the fundamental Laws of England and Ireland , by wicked plots and conspiracies , and breach of Parliaments ; whereby the Kings Maj. person is indangered , and an Army intended to be brought up against the Parl : to force them to condescend to the lusts of a Popish party : Hereupon the first Protestation was framed , and sent throughout the Kingdom , no body refusing to subscribe it except Jesuitish Separatists . J. A. B. do in the presence of Almighty God , promise , vow and protest , to maintain and defend as far as lawfully I may , &c. Soon after this , the breach between the King and the Parl. fell out , the King giving too much ear to evil Councel , and that Popish faction which was the ground of all the former persecution and the civil War : the King raised an Army to defend himself and the Protestant Religion , the Parl : did the like upon the same grounds , which at that time was doubtless real ; their end propounded was to defend Religion , Law , the Kings Maj. Person , the Parl. priviledges , and the Peoples Liberties . The Parl : cause seemed the best in most Protestants eyes at that time , in regard the Courts designs were long before discovered to the Parl : The Queens departure with the Crown-Jewels into Holland , and the numerous flocks of Papists going to the King , with all the corrupt part and guilty persons of the Kingdom , which made haste to the King after his departure , made the Protestants afraid what would become of Religion , Parliament , and the Kings person , should that party about him have prevailed : however they professed the Protestant Religion , though many of them convicted Papists . Hereupon the Lords and Commons made a second Vow and Covenant with this preamble , Whereas the Lords and Commons now assembled in Parl : have declared that there hath been and now is a Popish and Traiterus plot , for the subversion of the true Protestant Reformed Religion , and the liberty of the subject &c. And after all this still perceiving the Popish party to increase , grow great , victorious , bloudy and blasphemous ; the Lords and Commons professing to the World , that they had nothing before their eyes but the glory of God , the advancement of Christs Kingdom , and the happiness of the King and his Posterity , with the true publique liberty , safety , and peace of the Kingdom against the plots of the enemies , they entred into the solemn League and Covenant , containing 6. Articles , which every Parl. man publickly and solemnly at the Chappel of St , Margaret Westminster , ( with his hand lifted up to Heaven , in the sight of the Scots Commissioners , and the whole Congregation ) did subscribe . 1. That we will sincerely , really , and constantly through the grace of God , indeavour in our several places and callings the preservation of the reformed Religion of the Church of Scotland , in Doctrine , Worship , Discipline and Government , against our common enemies ; the reformation of Religion in the Kingdoms of England and Ireland in Doctrine , &c. 2. That we will in like manner without respect of persons , endeavour the extirpation of Popery , Prelacy , Superstition , Heresie , Schisme , Prophaneness , &c. 3. With the same reality , sincerity and constancy in our several places and Callings , indeavour with our Estates and Lives , mutually to preserve the Rights and Priviledges of Parl : and the liberties of the Kingdoms ; and to preserve and defend the Kings Majesties Person and Authority , in the preservation and defence of the true Religion and Liberties of the Kingdom ; that the World may bear witness with our Consciences of our loyalty , and that we have no thoughts or intentions , to diminish his Majesties just power and greatness . 4. We shall also with all faithfulness endeavour the discovery of all such as have been or shall be incendiaries or Malignants , &c. 5. And whereas the happiness of a blessed peace between the Kingdoms , formerly denyedt our progenitors , &c. 6. We shall also according to our places , &c. This solemn League and Covenant being entred into by both Nations of England and Scotland , made the deepest and strongest Politicians of the Roman faction to tremble , yea ( as Mr. Hinderson , the Reverend and Learned Minister of Scotland , then Commissioner , well foretold ) the news of this Covenant , ( which was soon carried to Rome , with the names of all the Subscribers ) made the Pope and his Conclave of Cardinals amazed and tremble ; insomuch , that they doubled their diligence to work the destruction of the Covenanteers at this time . The Duke of Lorane was solicited by Sir Kelem Digbies meanes , who was then the Queens Agent for the English Affairs at Rome , to help the King of England with an Army against the Covenanters in England . Sir Kelenem Digby was the Popes right hand to promote and further all designs against the Covenanters party in England . At the same time a Nuncio was forthwith sent from the Popes Court into Ireland , there to make a Cessation with the Protestants , and to further by all means possible the King of England against the Covenanters , which was concluded with the Popes good liking , as hath been confessed . The old and sage Statesmen in Parl : perceiving the designes of the Pope to drive furiously on towards the destruction of the Parl : and Covenanters , called in the Scots to their aid against the Popes designes . The English A●my and Scots Army admitting no Officers or Souldiers in their Armies , but such as took the Covenant : the Covenanters ( through Gods providence ) beyond all expectation prospered in the field against their enemies ; and the Parl : and Assembly of Divines prospered at Westminster , and went on successively , both of them being unanimous in the pulling down of Popery and Tyranny , and establishing and maintaining the liberties of the Kingdom , and Laws of the Realm , and true Religion in Doctrine , Discipline and Government ; for this purpose the Assembly of Divines first went over the Articles of faith , drew them up after most deliberate , serious , and learned debates upon each of them , and humbly presented them to the Parl : under 33. heads . 1. of the Scripture , 2. of Gods Covenant , and the holy Trinity , 3. of Gods decrees , 4. of Creation , 5. of Providence , 6. of mans fall and sin , 7. of Gods Covenant with man , 8. of Christ the Mediator , 9. of free will , 10. of effectual Calling , 11. of Justification , 12. Adoption , 13. Sanctific●tion , 14. saving faith , 15. Repentance , 16. good works , 17. of perseverance , 18. of assurance of grace , 19. of the Law of God , 20. Christian liberty & liberty of Conscience , 21. of religious worship and the Lords day , 22. of lawful Oaths , 23. of the civil Magistrate , 24. of marriage and divorce , 25. of the Church , 26. of Communion of Saints , 27. of the Sacraments , 28. of Baptisme , 29. of the Lords Supper , 30. of Church-censures , 31. of Synods and Councels , 32. of the Resurrection , 33. of the last judgement . Then they regularly proceeded to settle Church-Government , first proving Presbytery to be the Government which is most like to the primitive Government , and coming nearest of all other Governments to Gods word ; next they drew up a Directory for Church-Government , with an Orthodox , learned , and pious Catechisme ; and thus the Covenanters Magistracy and Ministry went on and prospered until they threw down their open enemies in the field , and were in great hopes of setling the Protestant Religion in purity , and extirpating Popery out of the 3. Kingdoms : at this time the Popes Politicians were got into the Parl : Army , under the name of Independents , from which the King fled to the Scots . The King being fallen into the Covenanters hands , viz. the Scottish Army , the Parl : made speedy and seasonable applications to him at Newcastle , offering to him Articles of agreement , which news was forthwith carried to Rome ; whereupon the Pope and the Conclave of Rome were inforced to look about , and change their designes , projecting new wayes by contrary proceedings to effect one and the same end ; for whereas they had given order to the Catholiques in Ireland before to yield all assistance to the King against the Parl Seeing now the King was under the Parl : power , least he and his Parl : should agree , and so England and Ireland be lost , the Pope played aforehand game , sending his Army into Ireland , commanding at this time all the Cathol quests renounce their allegiance to the King of England , and from that day forward the Pope , and all the Romish Politicians projected how to destroy both King and Parl : and destroy the Reformation by the Covenanters , so far carried on both in England and Scotland . The task was hard at first view ; to destroy a Religious Parliament , a victorious Army , and an able , pious , and zealous Clergy , was no small piece of work . The Romish politicions therefore were inforced to fly to their last refuge of Hypocrisie and lies , and like Euphrates Frog , to change both shape and colour , using the violent motion of Frogs from one extream to another , from the extream of Tyranny , to the extream of Anarchy ; from the extream of holy Orders to the extream of no ordination . In plain tearms the Pope and his Counsel perceiving there was no probable way to get a Toleration for Catholicks in the Kingdom of England , if the King , Lords and Commons agreed ; consulted how to throw down King , Lord and Commons , and Assembly of Divines , together with the Protestant Ministery . That the chief Engines to effect this might be placed here in England , and have sure footing free from the power of the Magistrates corrective and coercive power ; Independency was set up which five valiant Champions of the Popes had defended in the Assembly as long as they could ; and being there able to stand against truth no longer , like Serpents hissed for all the viperous brood of Sectarious blasphemers , or any Sect to creep into their bellies . Hereby Independencie that bottomlesse pit , and Independent congregations , ( the very plot designed to destroy Religion in the Nethetlands by the Pope , first enacted there by Hugh Peters the Popes hyerling ) became as so many nurceries of Jesuite : and Popish Priests , and so many dens of Theeves ; where they framed all their picklocks opinions and devilish destructive instruments to ruin the Magistracy and the Ministery . For the propagating and facilitating of this design , the chief of the Romish Politicians in Europe were sent to England , where they all went under the name of dissenting brethren , Independents , tender consciens-men , and great Enemies to Antichrist , crying , down with Antichrist , calling the Pope Anti-Christ ; not that they thought so but that they might hereby carry an their design of throwing down the protestant Ministery undiscovered for this to this day is their great and chief argument The Pope is Anti-christ ( that 's true Antichrist making Bishops , Bishops are Antichristian , ( that in some sortis true also ) Antichristian Bishops making and ordaining Ministers , Ministers of England , are Antichristians . Ergo down with the Ministery of England , down with these black-coats , down with Baals Priests , down with them , there is the design , and there is the end of all . They onely use the Argument to put in practice the conclusion ; they that presse the Argument , and first framed it , were far from thinking the Pope to be Antichrist , or Prelatical Bishop , eithe ; onely it was framed to destroy the Covenanteeres Ministery , who abhor the Pope , and long since renounced him and his adherents . If it be well observed , Indepency was but the wooden horse with a thousand Heresies in his belly , brought into the Kingdom of England by the Romish Politicians , and let forth as so many furies to sly in the face of the reformed Religion . For he that views the Heresies of late sprung up amongst us , cannot but see that against every one of the Assemblies , 33. Articles they raised contrary Heresies ; and could the silly English Sectarians of their own heads without the help of Jesuits and Romish Casuists do all this ? 't is folly to think it . The late Heretical Arguments are taken out of Cas●sts ; how subtilly did they devise liberty of conscience meerly to get free from the Magistrate , and how vehemently did they preach peace , for love , and meeknesse , and admonishing on , e another in love , and being tender of giving offence to tender cousciences ; whereas we plainly see they had war and murther and malice in their hearts , onely thereby they Iull'd asleep secure and bleer-eyed Protestants who suffered these cheates to pick their pockets , while they heard them cry Gentlemen look to your purses ; they cried out beware of Antichrist , who brough him in , & be good to tender consciences while they carried under their sheeps cloathing the wolves teeth to wound tender consciences withall . To tell how these subtilly crept into the Army , who nourished and upheld them there would be too tedious . Our end i● , to shew that the setting up of Indepency was the Popes design to throw down the Covenanting party in England , and those that opposed the Popish Religion . Out of this bottomlesse pit came all that party which first taught Rebellion against the higher powers , from the dens of Independensie arose that party that lest off the Covenant , professed open hatred to it and them that took it with an intent to keep it . That party that raised those Heresies against the true Religion , having now got power put them in practice against true Religion They that held the opinion of being free from Magistracie under the Gospel , now made themselves free . They that held Magistrates Tyran's , ●ow having got power used them as Tyrants ; these guifted brethren wete now high in the Army . The chief men that were aimed , at were those that stood most stoutly to their Covena●t The chief Protestants both in the House of Lords , the House of Common , and in the C●●● of London , were the men shot at , impeached , imprisoned , persecuted , banished , and some ( 't is to be feared ) poisoned . This party laid hold of the King , imprisoned him , and when the two Houses of Lords and Commons sate freely , and voted a Treaty with the King , and when the King had agreed to extirpate Popery , and establish the Protestant Religion in his three Kingdoms , and to fettle Church-Government according to the primitive constitution ; and when upon a free and serious debate the Lords and Commons voted the concessions of the King to be a ground for them to proceed upon to settle the peace of the Kingdom , then , even then , this party against the Votes of the Supream Authority of this Nation , and against their allegiance violently rushed in upon the houses pulled out and restrained one hundred and fifty , imprisoned the chief Protestants , and ablest States-men who were most violent against the Papists . and left only a party remaining in the lower House , such as themselves best liked of ; this party seized on the King , caused him to be publiquely arraigned , and at his own door at Noon in the view of all the people cut off his Head , who was then the only Protestant King in the world , and only because he resolved to root out Popery , and establish true Religion according to the Covenant . Since which time the same party having rid their hands of the Protestant Magistracy , have oft printed Books against the Calling of the English Ministry , which Books have been printed by Authority , licensed , and frequently taught and scattered amongst the people . And they have again and again petitioned that Power which they set up , if not to pull down Ministry , States Preachers ( as they call them ) to take away their Estates , their Tythes and Livings , by which they and their families subsist ; and how far they have proceeded in England and Wales to ruine the Covenanters Ministry , all the world may see . But the chief Politicians amongst them conceiving that Design to be too short to reach all the Protestant Ministry , as the Heads of Colledges , and such men , and being well assured by taking away Tythes they shall prejudice their own party equal with others , have pitched upon a more Politick Design for the extirpation of the Covenanters , which is by framing a contrary Oath to the Covenant , and imposing it upon the Ministry ; hereby their own party escape the snare , and only the Godly , Faithful , Loyal and Orthodox Ministers are taken ; they have taken their Tythes from them , silenced some , thrust out of their Livings many , banished others , imprisoned o●hers , outlawed all the Covenanters ; and lastly , have resolved to turn them this Winter out of all Cities , Towns and Corporations . Thus far have they proceeded by this Popish Engine to destroy the Protestants . This New Oath ( so far as we can perceive ) is a meer Design to destroy the Parliament , to destroy the Army , to destroy the Ministery and the Kingdome . 1. Mr. Lilburn seemeth rationally to prove that this new oath or ingagement cannot be intended to uphold the present power that inforceth the taking of it , but to maintain the Liberties of the Common-wealth , whose just Liberties and Ancient customes they confound , and therefore by that ingagement men ( say that party justly ) are bound not to establish but to pull down any usurped power over the people . 2 , If Mr Lilburn who is a man very popular in the Kingdome , having alwayes been a publick sufferer , should ( as he conceives himself bound by that Engagement ) gather of Gentlemen Souldiers and other Commoners and free-born People of England , a considerable Party to remove those out of the way , whom he and his party conceive are Tyrannical , and Opposers of the People , and in their stead erect another Party , who are the true chosen Representatives of the People ; whether he may not justly tax all the Engagers that resist him , as Covenant-breakers , and proceed against them accordingly ; and so consequently whether this doth not open a gap , and a wide one , to set up whom the People shall choose above the present House sitting and Engagement ; to be Assistants in such Parliament confounding Acts , as 't is declared : 2. As it is destructive to the Parliament , so likewise to the Army ; For saith one part of the Army , The present Government is by Representatives of the peoples choosing . Saith another part , The present Government is by that Party in the House of Commons , who invited us to the City to pull down the King , Lords , and the greatest part of the Commons , and by our Power enabled to make Acts , and enforce the Kingdom to obey them . Saith another part of the Army , The present Government is the Councel of State , and the Councel of War , for that party in the House were not of our setting up , only we suffured them to sit there , and the Councel of war commanded them to act what they did ; therefore the Councel of War , with the Councel of State , erected by us ; are the present Government . Whether all these several Parties ( especially if there should be clashing betwixt them ) may not by this Engagement conceive themselves in Conscience bound to maintain their several Parties as the present Government without King or Lords ? And thus 't is likely to prove destructive to the Army . 3. 'T is absolutely destructive to the Protestant Ministry , and the sound Protestants of the Kingdom ; For it makes them in the sight of all the people in the world guilty of the horrible and Jesuitical Designs and Practises of the cutting off of the King , the throwing down of the House of Lords , and excluding of the Covenant keeping Protestants ; for by subscribing that Engagement , they testifie to God and the world , that they approve of all that they have done , ( as they say . ) 2. They make themselves guilty of horrible Perjury ; for they did swear Allegiance to the King , his Heirs and Successors , to defend them against all Attemps and Conspiracies whatsoever ; Now this is directly to conspire the extirpation of the Kings Posterity . 2. The Protestation is against it . 3. Their Covenant directly opposeth the Engagement ; For therein they engaged to maintain the King , Lords and Commons ; and in this Engagement they engage to they know not what , without King and Lords : So that if they engage , they in their Consciences pull the guilt of Murther , Treason , and other foul Facts upon their head● , and forswear themselves ; Or if they do not engage , they are it seems to be stripe of their Estates , protection of the Law , and lies at the mercy of every Villain . So that 't is absolutely destructive to the Ministry , and the like may be said of the Protestants of the Kingdom . Oaths ( say the Caseists , and all other Divines ) ought to be plain and clear , without equivocal terms or doubtful expression ; For every Oath or Engagement is given and taken , to oblige the party that takes it to the performance of what he swore unto . Now every wise man in taking an Oath proposeth first these two things . 1. Who imposeth it . 2. What it is that is imposed . For that 's certain , an unlawful or usurped Power cannot impose an Oath ; it is lawful Authority must impose it , otherwise the Oath ( though good ) may justly be refused , As the Gun-powder Traytors , had their Design taken effect , they had got into the Throne , and imposed an Oath ( though lawful in it self ) upon the Barons , Knights , Citizens , Gentry , and Commons of England , yet it would doubtless and ought to be rejected by them , because the Authority was imposed which usurped it . This must needs be so , for otherwise a Master , if over-powered by his servants , is bound to take and submit to such an Oath as his servant shall impose , which would soon set Beggers on horse-back , and make all men of Honor and Wealth perpetual slaves ; but greater confusion then this there can not be in Hell , for 't is Confusion bottomless and unfadomable . 2. What it is that is imposed ? that must be inquired into , for no man of conscience or honour , or the least degree of wit , but will inquire what it is that he takes before he take it , he will not take it first and enquire afterwards what it means , that 's forbidden by Solomon . Now that men may understand what they ingage or swear unto , the words ought to be simple , cleer , and plain , that men may understand them ; For juramentum obligat lecundum intentionem jurantis sine d●●● alias secundum secundarium intellectum ejus cui juratur , saith Aquinas . Now if there be Amphibolas , equivocal terms and obscurities in an Oath , how can it possibly be but there must be errors either in him that gives it , or he that takes it , or both . As for this Engagement indeed it is politiquely gilded like a poysoned Pill , with as much subtilty and craft to induce people to take it as may be , for they call it An Engagement , not an Oath , for then they supposed people would scruple it , but it is only subscribing to two or three words , and there 's an end ; this is no great matter with Atheists , Apostates , Schismaticks , Lovers of the World , and Haters of God and Goodness ; but they that are wise , sober-minded , and conscientious ▪ As they two well know what Authority imposeth it , so they cannot possibly see what is inintended in it , nor what to make of it . He that seriously views it , will positively conclude , there was never such a little big-belly'd viporous Monster seen in the world before , to have so many Engines within so small a compass , to teer in pieces all parties that engage in it . We 'l spread it to the eye of the world . I. A. B. do promise and declare that I will be true and faithful to the Commonwealth of England as it is now established , without a King and House of Lords . Within this little Circumference of words there are no less then two and twenty Doubts to be resolved , and necessary Queries to be answered , before this . Engagement can be taken by any man of Honour or Conscience , Viz. 1 Quere . What is the meaning of the word [ Common-wealth ? ] Whether is it meant in the primary proper sence , for the Body of the Nation , or for the common good of that Body ? Or whether in the secundary borrowed sence , for the Body of the Representative ? 2. Whether ( if it be meant in the latter sence ) by Common-wealth be meant a Parliament , or a House of Commons , chosen as formerly ? or by any other way , and how ? Or whether the thing be changed with the name ? 3. Whether it be only an exclusive Engagement , as being against King and Lords , without including any Government in their stead to which we engage ? 4. Is the meaning , that we shall be true and faithful to the Common-wealth whiles King and Lords are excluded ? Or that we shall endeavor also to continue their exclusion ? And so whether he that endeavoreth their restoring , or he that hinders it not , do break the Engagement , though he be faithful to the Commonwealth while they are absent ? 5. If the present Government should be overthrown , and King and Lords set vp , whether doth he break this Engagement who shall be faithful to them , or that shall swear or engage for them against the present Government ? 6. If by Commonwealth be meant the present Government ( as the words [ Now Established ] would make us think it is ) then what is it that is established ? whether an intire House of Commons , or not intire ? whether only the present House , or all future , or any future ? Whether this House to be perpetuated ? or if not , whether to continue till they voluntarily dissolve , which we know not whether it will be perpetuated or not , and consequently , whether we engage to any succeeding Parliament or not ? Or if they dissolve , whether the next must be annual or triennial , or of duration of their own pleasure as this ? or whether chosen as formerly ? or how ? 7. Whether the meaning of the word ( As ) be to engage us to endeavor that all future Parliaments shall be established in the same course , and by the same means as this hath been ? 8. Whether the word ( Now ) have reference to the first Calling of this House of Commons , or to any alteration since made ? And if so , by whom ? and when ? and by what Authority was that change made ? 9. What 's meant by ( true and faithful , ) whether only to do them no wrong , or not to be perfidious ? or else to obey them ? or further to engage and hazard our estates and lives on their behalf , or how far ? 10. And so if King and Lords should raise an Army to recover their Authority , whether he that refuseth to fight against them do break his Engagement ? 11. Seeing the people are judged the Supream Power ( as it is acknowledged by the present House ) do they hereby engage to their Representers , or to the present Authority , as their Supreriors or Rulers ? and so give away their Supremacy ? or is it so natural to them , that they cannot give it away ? ( which else would have been done heretofore ; ) Or do they engage to them only as their Trustees or Servants ? viz. That they will defend them in the work that they set them about ? 12. Whether if an Army , or any powerful Company , should seize on the present House of Comons , or the greater part , & should imprison , exclude , or hang them up at Tybarn , are the people bound by this Engagement to rise for their Defence , and make War against these Invaders ? 13. If this Parliament or any hereafter should endeavor to perpetuate themselves , and so prevent our having any more free Elections , whether do we hereby engage to be true to them ; or if we endeavor to dissolve them , do we break this Engagement ? 14. Doth this Engagement take away the Power of the next Parliament ? And if they when they meet and sit restore King and Lords , which now are thrown down , do they break this Engagement ? 15. If this next Parliament shall so re-establish King and Lords , and will not rule without them , must we resist all , and be without any Government ? or must we endeavor to choose a new Parliament ? and if they do the like , what must we do ? 16. If the present House shall again change their Judgments , and set up King and Lords , or require us to swear to them , must we obey or resist them ? 17. If this Army by observing that there is no Government but Monarchy , or one Insupremacy in all the Bible mentioned , or by reading that ( For the sins of people many are thy Rulers , ) or by the experience of new divisions and parties in Parliament , breeding distempers in Government , or by being won over by the prevalency or flattery of some one single person , whose deserts and worth they conceive is such , as they resolve to make him sole Governor , and so set up Monarchy again , whether we are bound by this Engagement to resist them ? 18. Do we engage to the present Power absolutely or conditionally ? If this or any other Representative shall Tyrannize and invade the peoples Estates , or take away propriety ( which are things that cannot be authoritative acts , because the people having no such power themselves , cannot give it to others , seeing there is no power but what 's derived from Gods , who hath given none to do evil , ) are we in this case bound to continue our faithfulness ? 19. If the people shall find that this present House , or any other hereafter , hath forfeited their Trust , or been guilty of the fore mentioned Crimes , may they not recall that their Trust , and exclude them from Government ? 20. Or if any of us be members of the Army , and the said Army shall hereafter judg that this House hath been so guilty , and shall exclude some , and banish others , and behead others ( for so the Powers as now established stand ) and so we understand [ as now established , ] do we break the Engagement if we joyn with the Army in so doing , or should we resist them ? 21. If this minor part of this present House , or any succeeding , shall judg that the whole is in danger by a corrupt majority , and ( having strength thereunto ) shall exclude them , do they break the Engagement or we , if we further them in it ? 22. If one part of the People or Army shall judg that this or any future Representative hath been this Trust , and the other part judg otherwise , which must we adhere to according to this Engagement ? When the Authors of this Engagement shall clearly and fully resolve these Doubts , and give national and satisfactory Answer to these Queries , they will in great measure satisfie the Kingdom , at leastwise the more rational part of them , and much more dispose them to engage for the good of the Kingdom ; until then , we could heartily wish that Mr Dury , and such vain Bablers ( who most grosly abuse and misapply Scripture , and other Moral Rules ) might be refrained from vometing up in the publique view such indigested Crudities , to the scandal of the English Nation , and reproach of the Protestants throughout the world . We do profess , when the lawfulness of the Authority that imposeth it shall be made out clear to us , and our Doubts fully resolved , with the manifesting of the Iustice , Goodness and Necessity of this Engagement , we speak it seriously and unfeignedly , there shall none more willingly nor readily then our selves subscribe it , until then , we cannot but think the pressing of the Engagement , and the punishing the Non-Subscribers with with such intollerable punishments , as the exposing their Estates and persons to open violence , such on enslaving , irrational and destructive Act against the Protestants of England , as since the planting of the Gospel in this Kingdom until this day , the like destructive Act can scarce be found , It enslaves the Souls as well as the bodies of men ; for what greater snare can there be to the Conscience , then to be inforced to engage to they know not whom ? 2. To they know not what ? All the light that is in it is , that it plainly tells a man that subscribes it , that he swears point blank against his Oath of Allegiance , his Protestation and his Covenant , all which engage him to maintain King and Lords ▪ this engageth him against King and Lords in the bare words . Object . It is said by the most learned of the Engagers , That the taking of this Engagement is no breach of the Covenant , because the Covenant obligeth no longer then there is a possibility of keeping it ; but King and Lords being taken away , there is no possibility of maintaining that that is not . Sol. But we humbly conceive ( under favor ) that this Argument is no way satisfactory ; For though it be granted , that 't is impossible for a Covenanter to maintain King and Lords when they are thrown down , yet 't is not impossible for him in his calling and place to maintain Kingly Government ; As it is impossible for the son to yield actual obedience to the father whom Theeves and Robbers have murthered , yet 't is possible for that son to express his fillial affection that he bore to his father , and his real intentions of preserving his father , by exclaiming against the Malefactors , and using all lawful means to bring such men to condign punishment , and utterly shunning all compliance with them . Put the case a company of hired servants in a family should conspire to kill the Master of the family , or imprison him , and seize on the wealth and estate of their Master , divide it amongst them , proclaim themselves Lords and Masters of the family , command the children to yield obedience to them ; though the children are not able to resist them , nor yield that obedidence for the present which is due to their father , nor the wife express that conjugal love , by reason of the violent restrant and separation ; yet it is possible for the wife to abhor the company , and disclaim the authority of those servants , not to own them for her lord , nor submit unto them , nor be confederate with them , though she cannot for the present enjoy her husband ; and so for the children , though they cannot possibly love as their father , yet they may disclaim the power that abused their father , pray for his restoring , and abhor compliance with that party , that so presumptuously and wickedly threw down their father ; This they may do , and are bound to do by the Law of Nature , as children to a father ; and to do the contrary , as to be confederate with those that destroyed their father , were unnatural wickedness , and a meer Conspiracy , notwithstanding their father were not then in being . Rex pater patriae . 2 We affirm , That the Kings Title is now on foot , and the Lords in being , therefore there is a possibility of keeping the Covenant now . Can any created ( much less usurped ) Power free us from our Oath , which we made to maintain King , Lords and Commons , Religion , Liberty ; and the Peace and Union of the Kingdom ? and never to be drawn directly or indirectly by any Combination , Perswasion or Terror to be divided from this blessed Union and Conjunction , whether to make defection to the conteary part , or give our selves to a detestable nutrarity or indiffterency , but all the days of our lives zealously and constantly continue therein against all opposition . This clause of the Covenant seems to be made purposely against the Powers now in Command ; And do they imagine that men of Conscience or Honour will so foully blur their Profession and Reputation , and endanger their Souls , by a contrary Subscription ? Ashcam tells us , That usurped Powers are so , notwithstanding theyout and succeed another generation . We would fain know , whether subscribing this Engagement be not an acknowledging of the present Power sitting to be the Supream Authority of the Nation ? and consequently in so doing whether we do not approve of their cutting off the King , throwing down the House of Lords , and casting out all the Covenant-keeping Commons , with the rest of the Covenant keeping Officers in the Kingdom , hereby contracting the guilt of Blood , Treason , and other foul Enormities to our selves , by being partaker in other mens sins , which David , Psal. 1. bids us neither to sit with , nor stand with , nor walk with , not to have the least communion with ? Object . But is objected by the ablest of them from Rom. 13. 1 , 2. That that the Powers that be are to be obeyed , let them be what they will be , if they are in being they are to be obeyed , because they are the Ordinance of God . Ans. The Apostle layeth this Command upon Subjects , not to rebel against the visible Supream Authority , this the Engagers hold to be the sence of the Apostle if so , then hence we draw this Argument , Whatsoever subiects shal Rebel against a visible supream Authority , they resist the Ordinance of God . But an Army and other subiects in contradicting the Votes of the two Houses , cutting off the King and pulling down the house of Lords Rebel against the Supream Authoritie , Ergo . Here is an Argument ad hominem , so that the Apostle seems to tell us that usurping powers are not the Ordinance of God , but the resisters of the Ordinance of God ; and therefore by their own Arguments the present power is rather to be dealt with as resisters of the visible Supream Authority then obeyed or acknowledged for Supream . As for that of Christs acknowledging Caesar , 't is well known the Case is far different from ours , for the Roman Emperors had conquered Iudea many years before , and the whole Nation became Tributary to the Romans , the Supream Authority of the Iews acknowledged Caesar to be their King , We have no King but Caesar , and they had for a certain Tribute compounded with Caesar , which Tribute money Christ forbids them not , but commands them to pay ▪ if the Iews will Covenant with Caesar Christ bids them not break Covenant with Caesar , and this is all , and how far is this from our Case ? Iesus Christ is a great enemy to usurpation and so much abhors that Christians should subject unto it , especially under the Gospel , that he cals it Devil worship , Revel , 13. 4. Subjecting to a Tyrannicall Government is called the worshiping of the Devil ; Verse 1 , 2. the beast arising out of the Sea , ( i. e. ) the Ecclesiastical State ; meaning the Pope , the great Independant or the world ; ( verse 2. ) to whom the Devil , the Dragon , gave his seat and power , and great authority , The Dragons seat ( before Constantine ) was the Emperial Throne seated at Rome , this the Devil gave the Pope ; and why is it said the Devil gave him his power and seat , but because he got it in the Devils way ? by lying , Covenant-breaking , Rebellion against their Leige Masters the Emperors , and his murthering and dethroning of them , and usurping their authority . This usurped power of the Pope , verse 3 , the world wondered after , that is , yeelded subjection unto , acknowledged his soveraignty ; and Verse 4. and they worshiped the Dragon ; how so ? the next words tell you , he gave power to the Beast ; The Romans did not , and the Roman Catholiques did never absolutely professe themselves worshipers of the Devil , but in as much as they worshiped an usurped Power , a Power gotten by Treachery , Rebellion , murther , and deceit , they worshiped the Devil . This Text holds out two clear Truths . 1. That there are Powers which are not of Gods setting up , out of the Devils setting up . 2. To subject to such usurped power , is subjection to the Devil , and as odious in the sight of Christ as worshiping of the Devil . Object . Kings were ordained in wrath , and God was angry with Israel for desiring a King ; Ergo , Kings are not the government approved by God . Sol. To this we answer in a word to the Engagers , who upon this ground reject the government of Kings . 1. God did not give the office of a King , but the person of a King in wrath ▪ for when God took away the person , he continued the office . 2. He promised to Abraham that Kings should come of him . 3. He that denyes the office of a king , denyes Christ who is a King , and denyes the established Government ( in the form of it ) by God in the Church since Adam . 2. God was not angry with them simply for seeking a king , but , 1. for their manner of seeking a king ; they would seek one in the pride of their heart , onely to be like other Nations : 1 Sam. 8. 5. their hearts were hankering after not only to be like other Nations government , but their Religion . ● . For that they sought a king inordinately , they could not be content with a government that was over them , but had an itching discontented humor against the present visible government . They made a remonstrance that their Judges were unjust , therfore they would be no longer subject to them : v. 5. this God is angry at . For Subjects to reject , or indeavour to change the government of a kingdom , or to overthrow the visible lawfull Authority upon dislike of the Government , is a God-provoking sin , let the Ingagers look to it . The supreme Powers are onely disposed of by God . Doubtlesse they might have prayed to God in his due time to fulfill his promise , Gen. 16. of giving them a king , for Israel never came to the high noon of Reformation and glory till kings were set over , and that was in Solomon , at which time the Church and State of the Jews flourished beyond all things before or since : so that in praying for a king in order to the glory of God , the accomplishment of his promises , and the good of his Church , it had been no sin : but for the people of their own heads mutinously , and in opposition to a visible Authority , to desire a king , this was a great sin . Ob. If Gods providence order such things , we must submit to providence , and revealed decrees of God , lest we be found fighters against God . Sol. To this we answer : there are the decrees of God , and the commands of God , we speak of them now as contra-distinct things quo ad nos . The precepts or revealed commands of God in his word , are the unquestionable rules of Christians at all times , whereby to regulate all their actions , against which no providence nor necessity can prevail : so as to dispense with those Laws or precepts , we mean morall precepts , such as are naturally moral , not morall barely by institution , for such a morall differs nothing from ceremoniall , except in duration ; such morall precepts , in extremâ necessitate , may be dispensed withall , as to help an ox out of a pit on the Sabbath day , which is a labour , and toil , and simply a breach of the Sabbath , yet in regard of the necessity it gives a dispensation , or rather the Law dispenseth with it . But as for morall commands which are such by nature , they are indispensible rules , except in the case of an immediate call to the contrary by revelation from God . As Abraham was call'd to kill his son Isaac , which was against a naturall precept , yet having an immediate call from God , had not God stayed his hand , he might have lawfully done it : because he that commanded Abraham so to do was the Lord , and maker of the Law , which he can dispense with . But this case cannot be ours under the Gospel , because God hath given us his revealed will in writing , since which immediate revelations have ceased in the Gospel Churches , there being no need of them at all . Now as for the Providentiall acts of God , or his revealed decrees , these are no rules for us to walk by , nor follow any otherwise then they concur with the revealed will of God in his precepts . We bring a case shall make good this assertion , and stop the mouthes of all rationall antagonists . In the 1 King. 11. 29. to v. 39. there was that decree revealed to Jeroboam by the prophet Ahijah , who exactly revealed Gods intentions to give to him ten of the twelve Tribes , and the house of David but two , Judah and sickly Benjamin , scarce worth the mentioning as a Tribe it was so small . God reveals the reason to him why he did it , viz : for idolatry , and forsaking the true God . This , v. 37. donation of Gods to Jereboam is repeated again to him , that God would choose him , and give him a vast power over the people , to do , and reign as his heart could desire . Here if ever a man might have pleaded Providence , and have urged the revealed decree of God for attempting treason against Solomon , certainly ( if in any case or person ) it had not been rebellion in him to attempt that which Providence had decreed him . Nor rebellion in Israel to have subjected to him whom God had declared to be their king . But Jereboam in following the revealed decree of God ▪ contrary to a moral precept of God , viz : the fifth Commandment , which injoyneth Subjects and inferiors to submit to their lawfull superiors , for this very cause he is set down in the word of God as a Rebell against Solomon : 1 King. 11. 26. there he is put in the rear of the worst of the enemies of the Crown , and royall family of Israel , and stigmatized with this infamous mark of a Rebell : for , v : 26. Jereboam the son of Nebat an Ephrathite of Zereda , Sauls servant — even he lift up his hand against the King : and the cause of this his rebellion is set forth in the rest of the following Chapter , because God had revealed his decree concerning the punishing of the Royall Family for their sin in giving him ten of the Tribes . This revealed will of God was so far from justifying his acting against a morall precept , that his actions are set forth hanging as it were on Hamans gallows , expressed in the terms of the highest treason , twice together , He lift up his hand against the King , he lift up his hand against the king . Nor are the ten Tribes lesse excusable who subjected to Jereboam : for though they might have pleaded self preservation , and if they had not revolted they had all been undone , and the providence of God who would have it so , who had decreed it so , and revealed those decrees to them by a Prophet , these might not be resisted , yet these ten Tribes notwithstanding for their rejecting of the visible and lawfull Authority , and supremacie of the kingdome , are twice branded in holy Chronicles for Rebels . 1 King. 12. 19. Israel rebelled against the house of David . And 2 Chron. 10. 19. Israel rebelled against the house of David . So that it is manifest , that following of Providence is so far from being a Christians duty , that many times it is a desperate sin : and therefore it was that holy David when he might have cut off Sauls head , and when Providence had cast him into his hands , he durst not walk by acts of Providence , but by divine precepts , which commanded him to do no murther . He might have pleaded self-preservation , and in killing him he had killed a publick Enemie , and a murtherer . But David had a better guide then Providence to direct him . Witty and true was that expression of a pious and learned Divine : If Joseph in Aegypt had followed Providence , he had without doubt committed folly with his Mistris , and have said Providence put him upon it . We therefore conclude , that acts of Providence are no rules for Christians to follow , and it is so far from resisting of God , the not being governed by them , that many times it becomes a great sin , as is evident by what hath been declared : and the ten Tribes have this sin written in bloody characters upon their back untill this day : for from Rebellion they turned to Idolatry ; and from that day forward they sank deeper and deeper into misery , untill they lost their Religion , Laws , liberties , and Nation : which judgement remains upon them untill this day ; God having hanged them in Gibbets to teach Posterities after them to take heed of their sins , viz : of following Providence against a Precept : Ob. But how comes it to passe , that they that make a scruple of subscribing this Ingagement , yet make no scruple of paying taxes : Is not such a subjection an acknowledgement of their Authority ? and do they not condemne themselves in doing one , and not the other ? A. We will not undertake to give the fullest Answer hereunto , yet we hope a satisfactory Answer we shall be able to give . 1. We therfore say , that we that do pay taxes do make scruples of paying them , and were we not inslaved should much more expresse our selves . 2. Paying of taxes doth not imply a not scrupling of the authority that demands and exacts them : A man may pay his money to a thief , yet not acknowledge that authority to be just . 3. Taxes that are now imposed are extorted , and not voluntarily payed : and ( as to that ) a power is usurped over mens estates , as if the Nation were compleatly conquered Now in such a case we conceive our selves meerly passive , and no way active , at least free from any spontaneous act . Now this is far from acknowledging the iustness and lawfulness of the supremacie of such a Power ; t is one thing to be inforced to a subjection in person and estate ; and quite another thing to acknowledge that power which usurps this authority to be supreme and legall , which the Ingagement absolutely inforceth upon the Subscribers . But let the world judge from this Objection , how cruel and tyrannical that Government is , that when the poore Protestants shall be content to submit to most grievous taxes for quietnesse sake ; yet this is not sufficient , unlesse they will subject their souls , and insnare them also in unreasonable and cruell bondage . Is it not sufficient for the paying of taxes , bearing of Free-quarter , and suffering many afflictions to purchase ( that which in no age was ever denyed ) our freedom , but we must be cut-lawed , accounted the off-scouring of the world , and exposed to the cruelty of merciles men without remedie ; must our estates , our livelihoods be taken away , our wives ravished , our children dis-inherited , our goods rifled and must we have no remedy , and all because we will not ●ump with men in their opinion ? Let all Europe judge between our enemies and us this day , what have we done against them thus to provoke them , who of us have lifted up our hands against them where are these of us that in any taxes are behind ? but we have payed it double , and yet a thousand of our families are ruined by them ; they have taken away our offices , and livelihoods , they have suspended and imprisoned sundry of our Orthodox and Presbyterian Ministers , and now have layed a snare to pluck them out of their Benefices , and at last to drive them the kingdome , as men unworthy to be protected . Where is that liberty of conscience they so much pleaded for before they got to be supreme , is not that forgot now ? Are not Mr. Edwards his words fulfilled , who fore-warned the kingdom of that party which pleaded for Liberty of Conscience , saying , If ever they got power they would not grant liberty of conscience to others , who now so much plead for it for themselves . This is our comfort in our distresse , that though on all hands we are hated , and persecuted , and repreached by our enemies , yet for all this we have not dealt falsly in our Covenant : and we can say more in our distresse to uphold our hearts then all our enemies , Lord thov knowest our integrity . We will onely adde one thing ( which indeed is no addition , but a vehement reiteration , that this new Ingagement may be explained according to our Queries , or any other way to satisfie the rationall and sober minded part of the Kingdom , and if possible the drawer of it up , and first framer of it may be known . This would give wonderfull satisfaction not onely to private men , but Parliament men , who know the framer of it , and stop the mouthes of such who say , that Sir Kelenem Digby , and that patty that came with him from Rome into England ( about the time of the throwing down of the Lords , and cutting off of the King , framed this Ingagement against the Protestants , and Covenanteers party ; as also to ruine the Parliament , and Army . This by many rationall men is much credited upon this ground : because that the chief head-peeces of Rome , were at the cutting off of the King here in England , freely in oying their liberty ; such as Sir Kelenem Digby , with his concealed Comrades , besides Sir Iohn Winter , Endimion Porter Esquire , Walter Montague Esquire , Sir Edw : Ford , all professed Papists , and the most of them proclaimed Traytors , some of them being of the blood of the gunpowder-traytors ; these had all their liberties to flant it in the City of London , and Westminster Hall , and were courted , and gallantly entertained , whiles above 40. of the notorious Hereticks in the Popes black book , we mean stout Protestants ( whose names many of them were at the Covenant in Print ) were inforced to look through the grates of Prisons , Sir William Waller , Major Generall Brown , Coll : Coply , and others being to this day deteined and not the least cause shown for it , but only because they are Protestants many were inforced to make escapes , and flye beyond Sea as Coll. Hollis , Col : Massy , and severall Citizens of London : so that all men that had observed the Popes designes , since the Covenant was made against him in England , concluded that now the designe of the Popes had taken effect , and he had taken full revenge upon the Parliament of England for all their Injuries done unto him and his party . Since which there onely remaineth of the Covenant keeping Presby●erian Ministery , against which many Petitions have been made , and put up to the House at Westminster , some to take them down , and some to take their means from them . But now the last and grand designe is to put upon them the new Ingagement , this hath scattered the Assembly of Divines in the first place , hath shaken and cast out the Heads of Houses in both Universities , and daily creepeth more and more upon the Protestant Ministers both in the City and Countrey , clipping their estates , and keeping them out of Livings , and Benefices , whereby very many of the godly Ministers with their Families are like to starve already , these things make many Protestants imagine , that the design is to pluck up all the sound Protestants in the Kingdom , both of Magistrates and Ministers , and so by degrees to eradicate the Protestant Religion , and all to make way for Popery , which hath already got stronger footing in the Kingdome then the Protestant Religion : for all the oaths that were against their consciences are taken away , and a new one set up well pleasing to the Papists , onely offensive to the Protestants : nay all Laws against the Papists are repealed , and they restored to their ancient liberties in Q. Maries daies , and worse Laws against the Protestants , then in her daies . Nor is this inconsistent with State policy , for if it be true as it is beleeved , and reported to be true , that the designe is to set up Monarchy in another family , they cannot do it without the alteration of Religion , for the Protestants they are resolved to keep their Covenant , and the Sectarians they are in no wise to be leaned upon , by reason of their instability , they are like Jackdaws that flye from Church to Church , sometimes here , sometimes there , Heterogenious parts in an intire body , are fit to throw down a government : But unfit to erect another . But the Jesuite he is both a Statesman , and a staid man upon the Romish bottome , and that party , viz : the Romish party , are all allies in the Catholick cause ; so that he that will usurp a Monarchy , his onely pollitique way is to joyn with that party who can befriend him in every Countrey . For all Catholick Princes are bound by an Oath , as much as in them lies , to promote the Catholique cause , and what Prince that is a Papist dares be assistant to a Protestant Prince against an usurper , that hath promised the Pope to set up the Catholique cause , and root out Protestants , that Prince that should do so , should be sure to be cursed whith bell , book , and candle at Rome : nay what King durst refuse ( upon the Popes command , ) to be assistant to the usurper , against the true head being a Protestant ; we will say no more : what others say , either to tell of Sir Kenelem Digby his being sent to Rome , or of Quarter-master Generall Watsons going after him , or of his instructions what to agitate at the Popes Court , or of the Popes designs in Ireland against the Protestants . But we will desire the Author who ever he be , or the power that put it forth , that they will tell us , what is the meaning of his new Ingagement , and make it cleer to us that they can lawfully impose it : and when the justnesse thereof in each particular shall be made out , that it is for the glory of God , the advancement of Religion , the establishment of lawfull Magistracy , and the establishing and reforming of the State , as the tenour of the Covenant runs , we do again professe that we will with all joyfulnesse submit , and subscribe thereunto . But if upon cleer and manifest grounds it appear to be destrctive to the Parliament , Religion , Laws , Liberty , Kingdom , and Army , and a meer design to introduce Popery , they will be so far from promoting it ( we hope ) that they will speedily remove it out of the way , as a burdensome stone upon Christians consciences , and the Kingdoms Gangreen . We could wish them to take notice of the hand of God against it since is came forth , the same night that the Act for the taking the Ingagement was printed , the same night a dreadfull blow by powder , which blew up 70. and odde persons , and slew them all in the twinkle of an eye : Lieut : Coll : Smith , who was Sir Hardresse Wallers L : Coll : he that was the busie man in pulling the Members of the Commons House out of the House , and imprisoning the Members , he was blowed up in the midst of his cups , and slain : and since that one of the promoters of the Ingagement ( we tremble to mention it ) on Jan : 30. through the terror of conscience , and temptation of the devil , hanged himself . We cannot but take notice of Gods displeasure and wrath which breaks out daily amongst us , in fires and murthers since this Ingagement came forth . We therefore resolve ( as we hate perjury , rebellion and treason ) not to touch with this Ingagement , until upon evident grounds of humane reason , or Divinity , it be made clear , that it is for the good of Religion , Laws , Magistracy , and Ministery : and this our resolution is so reasonable , and just , that we conceive none but unreasonable men , and the enemies of Church and State , Parliament , Army and people will speak against it , or oppose this our resolution . Ob. There is one objection or false glosse which the Ingagers make , and that is in the clause of the 3d. Article of the Covenant concerning the King , that we covenanted with the Parliament to defend the King so far as he defended the Protestant Religion : but if he act contrary , then to bring him to Justice according to the Covenant , that injoyns us to bring Delinquents to condigne punishment . But , say they , the King was a great Delinquent , and an enemy to the Protestant Religion . A. To this we answer briefly : 1. The two former Articles of the Covenant speak wholly of the preservation of the reformed Religion , the 3d. Article speaks wholly of the preservation of the King , and Parliament , and kingdome , which together with the preservation of Religion we covenanted to defend . To defend his Majesties person [ in the preservation and defence of the true Religion , and Liberties of the kingdom ] is not inserted conditionally , as I will defend his person no longer then he shall defend Religion , and the Laws . If so , then t was taken with the like condition to be subject to the Parliament : and then it must necessarily follow , that we the Subjects make our selves the Kings Judges and that man or party may revolt from the King , and indevour to pull him down , because he maintains not his Religion ; and therfore we renounce that Interpretation of that Clause as Jesuiticall . We Protestants took it in this sence , that we would , together with our Religion , preserve our King and Parliament absolutely : And if they did act any thing con●rary to Religion , or Law , we were resolved to yeeld passive obedience , and in no wise to resist the higher Powers But grant it ( which we will not ) that it had been meant conditionally , so long as he preserves Religion : how comes it , that when the King had fully determined , and yeelded to root out Popery , and to establish the Protestant Religion in the three Kingdoms , and to establish Church government , and put the Militia in the Parliaments hands ; and when the Parliament voted his concessions a ground to proceed on to settle the Kingdom , then he was snatched away , and both King and Parliament thrown down . This plea of theirs joyned with their practice , would make any man beleeve the Ingagers flat Papists . How can they say they sincerely maintain the rights and privileges of Parliament , when they contradict their Votes , and take the boldnesse to tell them they are all treacherous , and lay violent hands on them , and exclude them from sitting in the House , and imprison them ? And how can they say they defended his Majesties person in the maintaining of true Religion , when they cut him off , even then , when both the Houses of Parliament and He had even concluded the Treaty , to root out Popery , and establish the Protestant Religion ? What Subject , especially hired servants , dare presume to contradict the Parliaments Votes upon serious debate , shall any one party of Subjects surmises out-weigh the grave and serious debates of a Parliament ? T is true subjects duty to submit to higher Powers , not resist them . But this was a resistance at that very time when all things were concluded in a manner , for setling the kingdome in peace , and true Religion . So that they that upon this ground plead for the necessity of cutting off the King , must plead it , because he would no longer defend the Popish Religion . And therfore from the Ingagers own Argument of cutting off the King , we cannot subscribe to this Ingagement ; lest the world take us for most rank hypocrites , vile Apostates , and absolute Papists . Reader , the times are such that they will not admit such Papers to be perused , and corrected to thy hand : therefore be pleased to amend with thy pen these grosse mistakes of the Printer . P. 1. l. 4. for , and peace and religion , r : pure Religion and famous Princes to defend both . l. 5. for , Fortescus , r. Fortescue . l. 10. for , disposing , r. dispensing . l. 11 for , Ras , r. res l. 16. for , spoke , r. speaks . l. ult : for , faind , r. found p. 2. l. 3. for , matter for , r. matter , so for . l. 6. for , for , r : so . l : 7. for , constitution , r : constituting . l. 9. for , conjunctions , r : conjunctim . l. 10. for apax , r. apex . l. 12. for , procession , r : processes , l. 13. for , divisions , r : divisim . l. 14. for compunction , r : conjunctim . l. 17. for , limitations , r. as for limitations , for , power have , r : power they have . l. 33. blot out , and the kingdom of England by King , Lords , and Commons , p. 4. l. 3. for , time , r : line . l. 4. fer , divided Henry , r. divided . Henry , pvt out , and l. 13. for , laying , t : uniting . l. 21. 22. put out , whose antiquity is beyond all kings in the world . l. 32. for , ●00 . r : 1000. l. 34. blot out , alwaies acknowledged and granted by the king . p. 5. l. 21. for , then , r. the three , l. 35. for , vegative , r. Negative . l. 31. for , publike , r. politick , p. 7. l. 2. for , lover , r : honour . l. 3. for , their , r : your . for , give , r : grant . l. 5. for , 4. but . r : 4. N. 17. But . l. 7. for , accesse , r : excesse . l. 10. for , meaner , r : meanest . l. 7. for , is , r : as . l. 19. for , implies , r : imploys . l. 34. for , approves , r : appeals . l. 35. for , and infinition , r : ad infinitum . p. 8. l. 1. for , Giudas , r : Guildas . l. 2. for , at , r. of . l. 6. for , ptesevitians , r : persecutions . l. 8. for Entichion Heresies , r : Eutichian Hereticks . for Popus , r : Popes , l : 15. for Lucious , r : Lucius l. 17. for , righteous , r. religious . l. 19. for , Helea , r : Helena . l. 25 for , up , Christian , r. up , the first Christian : l. 29. for , Antichrisian , r : Antichristian . l. 35. for , intrapped , r : Religious . l. 38. for , got , r : Acted . FINIS . Notes, typically marginal, from the original text Notes for div A86729e-610 Fortes . Com. Leg. Cap. 17. Smith . C. W. p. 19. Fortes . C. 18. Commend . Legum . Origen ▪ Hom. 4. Ezekel . 〈◊〉 ●aus . 15. 〈◊〉 4. ●●oss . 〈◊〉 . l. 5. Rom. 〈◊〉 . ca. ●7 . A86683 ---- Lingua testium: wherein monarchy is proved, 1. To be jure divino. 2. To be successive in the Church (except in time of a nationall desertion) from Adam untill Christ. 3. That monarchy is the absolute true government under the Gospel. 4. That immediately after extraordinary gifts in the Church ceased, God raised up a monarch for to defend the Church. 5. That Christian monarchs are one of the witnesses spoken of Rev. 11. 6. That England is the place from whence God fetched the first witnesse of this kind. 7. England was the place whither the witnesses, (viz. godly magistracy and ministry) never drove by Antichrist. Where is proved, first, that there hath been a visible magistracy, (though in sackcloth,) these 1260. yeares in England. ... Amongst these things are proved that the time of the calling of the Jews, the fall of Antichrist, and the ruine of the Beast of the earth is at hand. Wherein you have the hard places of Mat. 24, and Rev. 17. explained with severall other hard texts: ... / Written by Testis-Mundus Catholicus, in the yeare of the Beasts of the earth's raign, 1651. Hall, Edmund, 1619 or 20-1687. This text is an enriched version of the TCP digital transcription A86683 of text R202496 in the English Short Title Catalog (Thomason E632_22). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 137 KB of XML-encoded text transcribed from 29 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A86683 Wing H327 Thomason E632_22 ESTC R202496 99862751 99862751 114927 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A86683) Transcribed from: (Early English Books Online ; image set 114927) Images scanned from microfilm: (Thomason Tracts ; 97:E632[22]) Lingua testium: wherein monarchy is proved, 1. To be jure divino. 2. To be successive in the Church (except in time of a nationall desertion) from Adam untill Christ. 3. That monarchy is the absolute true government under the Gospel. 4. That immediately after extraordinary gifts in the Church ceased, God raised up a monarch for to defend the Church. 5. That Christian monarchs are one of the witnesses spoken of Rev. 11. 6. That England is the place from whence God fetched the first witnesse of this kind. 7. England was the place whither the witnesses, (viz. godly magistracy and ministry) never drove by Antichrist. Where is proved, first, that there hath been a visible magistracy, (though in sackcloth,) these 1260. yeares in England. ... Amongst these things are proved that the time of the calling of the Jews, the fall of Antichrist, and the ruine of the Beast of the earth is at hand. Wherein you have the hard places of Mat. 24, and Rev. 17. explained with severall other hard texts: ... / Written by Testis-Mundus Catholicus, in the yeare of the Beasts of the earth's raign, 1651. Hall, Edmund, 1619 or 20-1687. [8], 47, [3] p. s.n., [London : 1651] Testis-Mundus Catholicus = Edmund Hall. Place of publication from Wing. With a final errata leaf. Annotation on Thomason copy: "July.1.". Reproduction of the original in the British Library. eng Charles -- I, -- King of England, 1600-1649. Catholic Church -- Controversial literature -- Early works to 1800. Divine right of kings -- Early works to 1800. Continuity of the church -- Anglican Communion -- Early works to 1800. Eschatology -- Early works to 1800. Monarchy -- Great Britain -- Early works to 1800. Religion and state -- England -- Early works to 1800. A86683 R202496 (Thomason E632_22). civilwar no Lingua testium:: wherein monarchy is proved, 1. To be jure divino. 2. To be successive in the Church (except in time of a nationall deserti Hall, Edmund 1651 24936 18 90 0 0 0 0 43 D The rate of 43 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2007-04 TCP Assigned for keying and markup 2007-04 Aptara Keyed and coded from ProQuest page images 2007-10 Elspeth Healey Sampled and proofread 2007-10 Elspeth Healey Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion LINGVA TESTIVM : WHEREIN MONARCHY IS PROVED , 1. To be Jure Divino . 2. To be successive in the Church ( except in time of a Nationall desertion ) from Adam untill Christ . 3. That Monarchy is the absolute true Government under the Gospel . 4. That immediately after extraordinary Gifts in the Church ceased , God raised up a Monarch for to defend the Church . 5. That Christian Monarchs are one of the witnesses spoken of Rev. 11. 6. That England is the place from whence God fetched the first witnesse of this kind . 7. England was the place whither the Witnesses , ( viz. godly Magistracy and Ministry ) never drove by Antichrist . Where is Proved , First , that there hath been a visible Magistracy , ( though in sackcloth , ) these 1260. yeares in England . Secondly , That this Magistracy in all Ages ( since Antichrists being visible ) hath witnessed for Christ against Antichrist . Thirdly , That the late King who was cut off with the Axe , was the lawfull successor of Gods witnesses , who for these 1260. yeares have been Witnesses in Sackcloth for Christ against Antichrist , whereby t' is evident that he is the slain Witnesse that finished his Testimony . Fourthly , That his Son the K. of Scotland who is the Witnesse expected 3. yeares and an half after the slaying of ( the Witnesses to rise again ) is by an unquestionable title Emperour of Rome , and that Prince expected to be the ruine of the Antichristian Monarchy of Rome . Amongst these things are proved that the time of the calling of the Jews , the fall of Antichrist , and the ruine of the Beast of the Earth is at hand , Where in you have the hard places of Mat. 24 , and Rev. 17. explained with severall other hard Texts : Together with a description of the last Enemies which slay the Witnesses , whereby t is evident that England is the place where the Witnesses are slain , and no place else . Written by Testis-Mundus Catholicus , In the yeare of the Beasts of the Earth's raign , 1651. READER : I Have taken upon me one of the hardest Taskes this day in the World , and who am I that undertake it ? but the weakest that ever travelled in this high way . I find Gyants in learning , stumbling , falling , stragling , and quite tyred in this way : many mighty men durst never adventure to put foot therein , and few that ever entred it can say they came to their journies end ; there was still a pus ultra which they all acknowledged . This only was my encouragement to enter into this sacred Thicket of Divine Mysteries , that that Divine Essence which gave it to the world , delights to reveale it to Babes and Sucklings in the world . I am sure my Lord and Master the King of Heaven and Earth delights to have it so ; The great God usually magnifies his grace this way , by doing great things by the weakest meanes , He made a poore , weake , despised Maid , alone , to bring forth the mighty Monarch of Heaven and Earth . Indeed , in this great work I have been , ( as the blessed Virgin ) both {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} alone . Whiles I was bigge of what I have here brought forth in both these Tracts , I was inforced ( like Elizabeth ) to hide my self ; for so grievous were the thrumps and kicks of my friends against it ; whiles I went in pain of it , that I could not endure them , and now it is born , the Herods of the times doe seek its life . I must confesse it goeth adroad in a homely dress , yet it is never the lesse , nor never the worse truth . The Harp is Davids Harp , though the Method and the Stile ( which are as the strings and the fingers ) are mine ; which I could heartily wish were better . The rudenesse of them I doe acknowledge may give occasion to my enemies to make me the morrall of Lucians Fable who ( deriding illiterate sauce-boxes ) tells us of a Supercilious Asses whose aspiring minde ( looking at least five Sphere above his reach ) made his rude fingers itch to be playing on Orpheus his Harp , snatching it therefore from Apollo to whom 't was dedicated , to work he went , and made therewith such an hideous noise , that instead of making wilde Beasts tame ( as Orpheus was wont ) he made the tame Dogs of the Town madde , who ran upon him and tore him in pieces . I doe not desire to make the morrall of this Fable , let if I must , because my enemies will have it so , if I make such harsh musick of that Sacred Harp the Bible , that I inrage the Dogs of this age against me , but my enemies remember that my unskilfull fingers make harsh musick onely in Dogs eares ; and however , the harp I play upon is still the same , and none but Dogs thereat will be inraged . I confesse of all Instruments this of Sigionoth is the hardest , and I may truly say that many excellent Musicians ( otherwayes ) have made such harsh musick on this Instrument , that the Romish Dogs have had to Just a cause to bark at them ; but as for the Romish party I feare them not , because I am sure they cannot come at me for their own Authors , they must thrust them through to touch me , and so must the Independents likewise : so that I have the least cause of any man to feare either of them ; and as for others , I expect by the Law of gratitude faire dealing at their hands : if it be asked why this Preface is made a book distinct and not joyned to [ Manus Testium ] as it ought . I answer , 1. 'T is not my fault but theirs that print it , these are times of separation . 2. I committed them to severall hands , that if one miscarried , the other might possibly have safe arivall ; and if either , there might be light enough in that alone to tell the the world who the witnesses are , where they shall be slain , when they shall be slain , and who shall slay them , and when and where he shall be overcome that slayes them ; For this cause have I handled many things in this Preface which I have touched on in the Book , and touched many things here which I have handled in the Booke ; that ( in this Tract I have handled more clearly ) which I lest obscurely [ through over much brevity ] in the Book , especially that of Monarchy , and that of the Beast which slayes the witnesses in Rev. 17. where I have indeavoured to answer all the hard questions in that Chapter which is the mystery of the Revelations , as yet to me never by any one fully and clearely opened . I have not studied loftiness but plainness of speech in these Tracts , I have not ( as most Schollars doe ) eyed onely Schollars , but herein ( playing the Jesuite of our times ) I have eyed the Vulgar ●ort most , and writ to their capacities , that so ( counter-workking the Jesuite of our times ) I might undeceive poore misled soules ( who are stung with those Iesuiticall Independent Scorpions ) and bring them to the knowledge of the true Church , a lawfull Magistracy and ministery , and discover to them the true Antichrist . For this cause ( reader ) doe I run a corporall hazard on purpose to save thy soule harmlesse by pulling thee by timely repentance out of Babylon that is now falling . I beseech the therefore since I have not counted my paines , purse , person nor life to much too prepare it and present it to thee , doe not think thy paines to much to read it , read it as I writ it with much diligence and fervent prayer , and I pray God grant that it may be so effectuall by the operation of the Holy Ghost upon all that reade it , that the drooping feebl soul may be incouraged , the blind enlightned , & the obstinate so terrified , that the Divels kingdome may be shaken by it Antichrists kingdome may be confounded by it , and the Beast of the earth who supports them both may be speedily and utterly ruined by it : this is the daily and hourly prayer of him who studies nothing more then thy spirituall welfare . The Author to his Book . MY little book ( I only call thee mine , because in these dark times I 'm only thine ) Goe quickly through the world , and boldly say , that mighty Monark's comming to destroy The church her enemies ; let proud Rome know from thee shee 's neare her last great overthrow ; And tell the earth-Beast when the seven Trump ' sounds , his death 's designd : that Trump ' his power confounds . Then let the Dragon also understand , Christs comming , and his chaining up's at hand And let the house of Austria know , and Spain . Their sunne shall set , and never rise againe This message don , ( my Booke ) goe to the Jewes , and with a cheerefull voyce proclaime this news Our Lord is their Messias , and their eyes shall weepe ore him whom now they doe despise . Their Native King our Lord , shall by his hand restore the twelve Tribes to their Native land . They shall put eie to eie , that is , shall see their Prophets and the Apostles to agree . This don , go to the Gentiles Church which lies , this day o'rewhelmed with deep Calamities : Comfort her thus , tell her the Scriptures say , her witnesses shall rise that Beast to slay , In whose destruction the grand power of all the three last Gospell Enemies shall fall , Tell her this earth-Beast raignes , this howers that day which slayes her witnesses , the Scriptures say . Bid her not feare , those Offices now slaine in Church and State shall shortly rise againe . Whose glorious rising shall the world affright and slay this earth-Beast with his men of might . Then shall the Vialls run , Gods wrath shall rise and ruine his three last Grand enemies . Let then that Northern Kingdome understand by this , it's day of triumph is at hand . It 's now distressed Ministers and King shall mourne no more , but Hallalu-jahs sing . That church no more her sackcloth shall put on , shee shall be clothed with salvation . Her King shall Raigne in righteousnesse , and make Gods enemies throughout the world to quake . He shall be nursing father to the Jewes , and shall no acts of grace to them refuse They shall flock in to him , he shall destroy their foes , that bard them from Salvations way . Immediately before this come to passe her troubles shall be such as never was . The prefixt symptoms of this day must be her low State and her foes prospertie . Hence t is this great dayes prophecies allude to each great Church deliverance since the flood She sings the Song of Moses and the Lambe ; 'cause out of such deep miserie she came . Lift up thine eyes ( O Zion ) then , and see , in this great day thy foretold Enemie . Three yeares and halfe thine enemy must rage ore thee , by warre which he with thee doth wage . One thousand two hundred sixty dayes just O LaVer Vs CroMweLL's name makes , who must 50 5 5 100 1000 50. 50 a Three yeares and an halfe by his b sword-power raigne ; which is that time the c witnesses lie slain . Jf ( who he slayes ) by ought demanded be , t is Kingly Offfce , and the Ministry This Beast's that d little horne that puls away three hornes ot'h ten him e Christ comes to destroy . This Beasts f deceitfull , perjur'd , base , Love's lies , and beares g up Rome with all her blasphemies , This is that enemie which doth divide Mount h Olvet , and makes the breach so wide Twixt North and South , and makes one day like night , but when its evening comes , it shall be light , That is ; this Beast in Scotland shall rage there but one prophetique day , that is , one year Jn'th' ' ev'ning of which yeare it shall bee light toth' Church , and to this Beast Eternall night . This beast betwixt betwixt the seas in Scotland must incamp , ●nd there be scattered as the dust . Share then my book twixt Zions friends and foes , their unexpected lots of joyes and woes . Tell Zion now i' th dust full fraught with sorrow , her bloodie tears shall bring forth joys to morrow . Haste then toth' Scots , tell them the prophets say , their warre is Christs and he 'l give them the day . And this shall be the signe even this alone , when the enemie seems most strong , they most undone . Reader , What is deficient in this , thou shalt find supplyed in Manus Testium . THe method of Gods afflicting providence in the Church since the Creation , is worthy the observation of all ; but more especially of him who undertakes to interpret the Holy Scriptures . The method of God in his acts of providence towards his Church are : 1. To bring them exceeding low before he deliver them . 2. After he hath delivered them from their great troubles , and put them in a hopeful way of peace , for ends best known to himself , he oftentimes dashes their hopes , and darkens the way by sad and heavy afflictions : As the former is undeniable , so the latter is cleer in the Scriptures . See this verified in Jacob , the Father of the twelve Patriarchs ; Jacob being newly gotten from a Heardmaster , and passed the River with his wifes and substance , he resolved to go into the Promised Land : when he was got seven dayes journey ( in all probability , out of Labans reach ) on a sudden the storm riseth , Laban pursues him with his forces , and Esau prepares to stop him in his flight with 400 men ; so that we may see here Jacob , like Christ on the Cross , a miserable object betwixt two Thieves . To this , Jeremiah alludes , when he prophesies of the great troubles of the Church , immediatly before the conversion of the twelve Tribes , He calls it the time of Iacob's trouble , none hath bin like it . So likewise when the Church was delivered from Egypt's Bondage , and all their Enemies drowned ; and when they had seen and tasted of the goodness of the Lord from Heaven , in raining Manna , and of the sweet and spiritual love-tokens of God from Mount Sina , when God had given them Lawes and Ordinances , and began a glorious Reformation ; and when they were going into Canaan , then riseth Corah , Datha● , and Abiran , against the Witnesses , Moses and Aaron ; and then the people rebell , and that glorious Sun of a Reformation went retrogade many thousand of degrees by Asa's Diall . So likewise David , when he went to fetch the Ark home , he went forth like his son Solomon's ships for gold , with great pomp ; but came home broken and tottered with loss . He went with the Priests and the people to fetch the Ark to Ierusalem its resting place ; he made a new Cart and Wheels , and prepared the Beasts to draw it ; he got the Ark upon the Cart , and the Beasts did draw it towards Ierusalem : but in the way , what an unexpected storm of cross winds riseth , the Beasts stumbled , the Ark tottered , Gods wrath ariseth ; and this stops the Ark that it came not then to Ierusalem . To this doth Ezekiel ( Chap. 1. ) allude , Where he seeing in a Vision , that glorious day of the twelve Tribes conversion to Christ in the last dayes ; immediately before that day , he seeth the Gospel-Magistracy and Ministery , drawing the Ark of a Reformation to his settled place : There the Magistracy ( as in Revel. 4. ) is compared to the Beasts which draw the Ark , and the Ministery to the Wheels full of eyes , which support the Ark . These Ezekiel saw carrying on a Reformation with much boldness , and through many difficulties : When the Beasts went , the Wheels went , and they turned not : When one was lifted , up , the other was lifted up : When the Magistracy went on , the Ministery went on in a Reformation ; but when they stood , they let down their whings , there was the great stop : the Magistracy was taken away , their whings , after the war , Ezek. 1. 24. were let down : and immediately follows , ver. 25. a voice from Heaven , which is the same with the seventh Trumpet , Matth. 24. Rev. 11. Rev. 16. 17 , 18. when the great day of the Jews conversion shall begin , and the great obstruction of their conversion shall be removed : Likewise after the captivity , that joyful Reformation begun and carryed on so successfully , how did its evening come upon it ( as I may say ) at noon tide ? How was all dasht , and that happy work retanded on a sudden ? And how great a Muntain the Devils Pioneers raised in Zerubbabels way , Ezra 4. Look we further , and we shall see the greatest and gloriousest Reformation in the world , retarded in the middle of it , and in the height of it , even that blessed Reformation , which is the standing rule of Reformation to the end of the world , that of our Lord Jesus in the flesh here on Earth , when he had called the Apostles , sent out the seventy , two by two ; and when he had preached , healed , converted many , when his Enemies thought all the world would follow him , when they sang Hosana to the highest , and when his Enemies were confounded before him , being unable to gain-say his truth , when all the Countries round rang of his fame , and came to see him , and hear his Doctrine , and to be healed , then on a sudden comes Judas , and betrays him with a kiss : the King is taken and bound , and falsly accused , unjustly sentenced to death , scourged , buffited , spet on , mocked , carryed away to be crucified : his Disciples fled , he nailed to the Cross , and a spear thrust into his heart ; he taken down from the Cross , carryed to the grave , and there seated in his grave : and thus to the eye of the world was that glorious Reformation destroyed , the King being cut off , and his Officers dissipated . This Reformation , though to the eye of the world at that time it was quite put out , yet it suddenly and unexpectedly rose again , and broke out into greater and more glorious flames throughout the world then ever : For two Angels in glorious brightness appear at the grave of the slain Jesus , that Martyr of Martyrs , and immediatly follows a mighty Earth-quake , whereat the souldiers that slew him trembled : the Lord Jesus arose , called together his dispersed and hopeless disconsolate Disciples , led them to Galilee , and there proclaims his Imperial Power and Soveraignty , that all the Kingdoms in the world were under his power , and all the mighty Dominions in Heaven were subject to him : And that those his Enemies that slew him , might know this , he ascended from Mount Olivet , which Mountain was on the East of Jerusalem exceeding high , looking directly into Ierusalem ; so that they that slew him in Ierusalem , might plainly see him in that glorious bright Cloud ascending to Heaven : and immediatly after this ascension of his to his Imperial Court in the Heaven of Heavens , where he is in full possession of his Royall Purchase , He like a Conquerour in full possession of his Dignity , gives to his Officers , especially to his Apostles , magnificent gifts , beseeming so great a Prince to give , and Officers so neer him to receive : these twelve spirituall Princes , like so many Monarchs of Unity amongst themselves , divided the world amongst them , and went forth conquering , and to conquer , from sea to sea : The glorious spiritual Victories that these Champions got , and the mighty Conquests over the Devils Kingdom which they made , is not unknown to the whole world : Their Government and Laws still stand , and shall remain for ever . Apostacie from which hath been the miserable ruine of all those famous Eastern Churches to this day . Great hath been the apostacie of both Eastern and Western Churches from the Laws of the Apostles : and sore have their spiritual afflictions ( proportionated to their sins ) been ; the Eastern Church is drove into the Wilderness by Mahumatisme , and the Western Church by Popery : Of this grand apostacie , and most abominable hypocrisie of the Western Churches , not onely the Apostles , but the Prophets in the Old Testament have prophesied . In the Church-Histories the dissipation of the Jews , and the driving of the Gentile-Church into the Wilderness , seems , to me , to begin near about one time ; and their rising again to a flourishing state , seems to me to be both at one time , by the Prophesies of the Old New Testament . Now the rising again both of the Jews and Gentiles to a flourishing state under the Gospel , is that great and last day ( i. e. ) of Reformation , so much spoken of both by the Old Testament-Prophets , by Christ himself , by the Apostles , and especially by John in Revelation . Of this last Day , there are not onely gross mistakes amongst the Ancients , but many absur'd conjectures among the Ancients . Many of the Ancients looking into the Prophesies , which are to be fulfilled in the end of the Roman Monarchy ; and reading those high prophetick expressions of that glorious Day , wherein Christ promiseth in a most glorious powerful manner to appear for his Churches alvation , and his Enemies ruine ; conceived that it should be by the personal raign of Christ on Earth a Thousand years ; conceiving ( rightly ) that the Thousand years binding of Sathan , begins when Antichrists raign is accompl●shed ( for 't is absurd to think otherwise ) but misunderstanding , Rev. 21. as if that Chapter were meant of the state of the Church in this life , which is against the clear and manifest light of the Holy Ghost in the prophesie : This gross mistake ( I humbly conceive ) made not onely Papias ( the first Author of the abominable Opinion of Christs raign on Earth a Thousands years ) of this opinion ; but many others more moderate as Irenaeus , Turtullian , Lactantius , Victorinus , Apolonius , Severus , Justinus , and several others : These did not hold as Corynthus did , that they should raign with Christ in corporal , but in spiritual delights , after 6000 ▪ years were accomplished from the Creation , may not I say Augustine ( lib. 20. de Civit. Dei , Cap. 7. ) is of this opinion , and Ierome on Dan. 7. where he saith , In uno Romano imperio propter Antichristum blasphemantem , omnia simul regna delenda sunt , & nequaquam terrenum imperium erit , sed Sanctorum conversatio ; a saying much harped on ( though not quoted ) in these times , to further the design of slaying the Witnesses . And upon the same mistake ( as it is conceived ) the Councils , though they were for the most part against this opinion ; yet they could never unanimously agree to condemn the Opinion as heretical . Others of our recents , very learned men and pious , thinking to confute this errour of the Chiliasts , run into more absurdities then the most of those whom they endeavour to confute ; for not knowing how to remove that Mountain betwixt the Chiliasts , and them , about the first Resurrection , and the raign of the Saints , and the 1000. years binding of Sathan : they say that the raign of the Saints is pa●t , it being before Antichrist comes into the world : Of this opinion is Hortulanus , and ( as I am informed by Schollars ) Pereus ; Galianus that learned Romanist is of the same opinion ; as appears by his Manuscripts in the Vatican , by Antichrist , they mean that Beast of the Earth , Rev. 13. 12. which shall arise , Rev. 11. 7. and slay the Witnesses : few of the Romanists concur with them in their opinion ; but very many Protestants , in the main ; jump with them : but as contrary to the light of the Scriptures , as darkness is to light . But there are other learned men of great renown , who decline both these opinions , as Bullinger , Beucer , and Seraphin who affirm that the great and magnificent promises made to the Church in the old Testament and in the new , are not yet fulfilled , but are to be fulfilled after the downfall of Antichrist , after which ( say they , and others with them ) the Devills kingdom of darknesse , heresie and blasphemie shall be ruined , and the Church shall no more be afflicted with heresie , but the heavenly form of government shall be set up in the Church , which shall suppresse all its enemies : with these learned men , so far as I have quoted them , I shall concur . For , this I do affirm ( yet not I , but the Scriptures ) that there is another great day of reformation to be in the world before the day of judgment , besides that great day of reformation already past , which Christ when he was on earth began : this shall be a more glorious day then any that ever yet was on earth : I do not say that Christ shall reign on earth personally , I abhor that extreme with that learned Father B. Hall , in his tract called the Revelations unrevealed : but I ( or rather the Prophets ) do affirm , that in this great day of reformation to come , after the downfall of Antichrist , the twelve Tribes shall be converted to the Gospel . Here therefore I must with my reverend fathers good leave be his dissenting son , notwithstanding all he hath said to the contrary : For first , whereas he saith , the promises in the Prophets are spiritually to be taken , and not literally , concerning the twelve Tribes ; but concerning the Gospel-Church , I briefly reply , this argument is invalid , because he neither backs it with reason nor Scripture : with reason he cannot , for it is a non sequitur to say , because the Prophets somtimes are to be understood , therefore alwayes ; I am sure this is neither true in Logick nor Divinity . 2. There is no probability in his assertion : for though indeed Jerusalem be somtimes in the Prophets put for the Gospel-Church , yet where the Prophets speak of the house of Iudah , and the house of Ioseph , there I believe 't will be hard for the Doctor to prove that they are spiritually to be understood of the Gospel Church , as Zach. 10. 6 , 7 , 8. so in severall other places : had the Bishop instanced in any place of the Prophets , we should have grapled then for probability . But I passe on . 3. If these Prophecies do nothing concern the restauration of the Jewes in these latter dayes , then to what purpose did God send his Prophets to sing songs in their ears , if it nothing concerned them ? Certainly these Prophecies were prophesied amongst them to no purpose ; if all those Prophecies belonged to the Gentiles , then certainly God would have sent his Prophets amongst them , but they principally concerned the Jewes , and therefore they were prophesied amongst them , and to them , to whom they belonged ; for God never sends his Prophets out of order , all Gods Prophets prophesied to the people to whom they were sent , but the Prophets of the old Testament were appointed Prophets for the twelve Tribes ( except those that had speciall Commission , as Ionas , to go to the Gentiles ) and therefore to them principally these Prophesies belong , and therefore that hard question is thus resolved , since in Luke 21. Ierusalem shall be trodden underfoot untill the time of the Gentiles be fulfilled ; and the time of the Gentiles reigne continues ( Rev. 11. 2. ) 1260. years , how coms it to passe in Dan. 12. that the time of the Church's dissipation shall be 1290. dayes ? To that 't is thus answered ; Daniel was a Prophet principally designed for the Jewes , and therefore God declares to him how long the dissipation of the Jewes shall be , which ( as M. Brightman and other learned men say on Dan. 12. 11. ) began Anno 360. therefore their time is up about this yeare 1650. their time of dissipation being to continue 1290. years : but now our Saviour in Luke 21. 24. respects the Gospel Gentile Church , as well as the Jewes , which shall be ( as Rev. 11. 1. ) drove into a sack cloth condition untill the time of 1260. years be accomplished . Now many learned men count , that the time of Antichrists appearing to be formally Antichrist , and the time of the Witnesses going into the Wilderness , and putting on sackcloth , was in , or neer about the year 390. So that Antichrists raign , and the witnesses sackcloth condition , is expired in Anno , 1650. Now if Daniel , in his Prophesie , should onely respect the Gentile Church , how could Iohn , Christ , and Daniel , be reconciled in their prophefies ? To return therefore to the thing in hand , we affirm , that the Prophets in the Old Testament , prophesied of the futurehappy state of their own Kindred and Nation , and not of the Gentile Church ; but accidentally and occasionally for the most part ; as shewing what shall come to pass in the Gentile-Church , immediatly before the great Day of the Jews conversion , which is the sign that the Jews shall have of their approaching glorious Day : And therefore the Old Testament prophesies of the uniting of the house of Ioseph and Iudah together under one King , and bringing them back again to their own Land , can be meant of nothing , but of the restoring of the Twelve Tribes to their own Land , under their ancient government , as in Davids time . As for his alleaging a seeming inpossibility , that they that have been out-casts so long from the Covenant of Grace , should now be called home to the Gospel ( which is it seems beyond the Doctors faith ) to that we answer , and he acknowledgeth . 1. Nothing is impossible with God . 2. God hath promised to call the dispersed out-casts of Israel , from the four corners of the Earth , Esa. 11. 12. and they shall be so hopeless in the eye of the world , that before their conversion they shall be as dry bones in Golgotha , Ezek. 37. 1 , 2. Yet God will call these dry bones together : Therefore their conversion is also expressed , Ezek. 37. 11 , 12. under the notion of raising dead men out of their graves God will first open their graves , and then lead them out of their graves : so that to the world they shall seem dead and buried , when God intends to convert them : so that that which upon a bare principle of reason the Bishop makes his argument against the Truth , I upon a principle of faith , built upon Gods promises , make the argument to confirm this Truth ; and who stands on the Beasts bottom ( whether he on bare Reason , or I on a divine promise ) I 'le leave Christians to judge : But that which the Bishop most derides , is the opinion of those , who say this year , 1650. the Jews shall be converted ; he bids us shew him a thrave of Jewes as yet converted , which are now to gather , professing the Gospell . To this 't is answered : 1 We can shew in this year , 1650. more probability for the conversion not onely of a few , but thousands of the Hebrews to the faith of Christ , then the Bishop can against it : In the year , 1650. there is a book that makes mention of 5900. East-Indians converted to Jesus Christ , by Mr. Robert Iunius . Now there are more arguments to prove these of the Seed of Iacob , then the Bishop can bring to prove the contrary . Again , look into the West-Indies , and this year 1650. tells us of a glorious Harvest begun , in the conversion of those Natives there ; and there is more probability that they are of the stock of Iacob , then the contrary . For there have been Jews that travelled those ways , who have found some of the Ten Tribes in America : some learned Travellers have rationally conjectured , that those Natives in New-England are some of the Ten Tribes : For upon diligent observation of the people , their Customes , Language , and Ceremonies , have brought these arguments , to prove them Hebrews ; for ( say they ) 1. They have a traditionall knowledge of God , which they say their fore-fathers which were wise , and endued with knowledge , taught them : they say that God made the world , and this God is but one God . 2. They say this God is the Author of all the good that is dispensed in the world , and the author of all the evill that is inflicted in the world . And hence is that custom amongst them to this day , When any evill is inflicted on them , either by immoderate weather , whereby their corn is spoiled , or by any other judgment , they solemnly meet together under a green tree , and weep before him who hath inflicted all that evill upon them , whom they acknowledg to be the Maker of the World . 3. They preserve their pedigree , with all the care they can , as far as their memories will go , and are carefull to promote their kindred after the manner of the Hebrews . 4. The chief of them are exceeding reserved , and keep themselves from strangers , so that the wisest of them are hard to be met withall , whereby further discovery might be made of their Original ; but much of the golden oar , of the Hebrew Language , is found among the drossie Language of the vulgar Natives . 5. 'T is said that they are excellent in expressing themselves parabolically , after the manner of the Hebrews : By all which there is probability , that they are of the dispersed of Israel , whom God is now calling home to the knowledge of the Gospel . Menasseh Ben-Israel saith , and also Montezinus , ( both Jews , and learned men ) that the first Inhabitants of America were the Ten Tribes : if so , I think I have the greatest probability on my side , that these many Thousands that we have heard of already converted , and the many more Thousands which we expect and pray for , are Hebrews of the sons of Jacob , to be converted to Christ in this age of the world . But suppose there were never a Jew converted , must this make the purpose of God of none effect ? God forbid , it is true that from posse to esse there can be no certain consequence ; but from Gods promise to his purpose , we may conclude affirmatively . If God have promised to convert the Jews , 't is his purpose to call them : all his promises are yea , and amen : if God promise that Israel shall be no longer then 40. years in Egypt , they shall be there not a day longer , though nothing more unlikely in the world then their deliverance : so shall it be in their conversion in these latter dayes , though there be nothing more unlikely , yet there shall be nothing more certain ; for God hath promised it , Rom. 11. 25 , 26. All Israel shall be saved i. e. ) all the Tribes shall be converted : the precedent verse tells us the time when ( viz. ) When the fulnesse of the Gentiles is come in , that is , ( as in Luke 21. 24. ) when the time of the Gentiles is fulfilled , which Rev. 11. 2. ) is 42. moteths , i. e. 1260. dayes , i. e. years . Observe , Paul writes to the Church of Rome , forbidding them to boast of their Gospel-priviledges , in a proud insulting way over the rejected Jews . Paul foresaw to what impudent insulting pride the Church of Rome would rise ; therefore he bids the Church not to be high-minded , but fear ; for if God spared not the Jews , the naturall branches , much less would he spare the Gentile-church of Rome : for this end Paul would not have the Gentile-church ignorant of this mystery , which mystery of God ( Rev. 10. 7. ) shall be finished at the seventh Trumpet , and that is when Antichrist that sits in Rome , when the fulness of his time shall come in , then shall Israel be converted : Here Israel is put in opposition to the Gentile-church . Now this Paul acquaints the Roman church with , lest they should be wise in their own conceit , or over-much puffed up with pride : so that from these texts it seems cleer to me , That the Jews conversion shall be at that time when the Roman Pontifick state shall go to ruine ; and if in this sense we may understand Romanum imperium , the Bishop knows better then my self . I have many thraves of ancient and latter Writers to support me against him . Lastly , I answer , That the conversion of the Jews shall come in on the sudden : they shall come like the Doves to the windows , that is , swiftly and in great numbers ; and this shall be ( Ezek. 37. 11. ) when Israel gave themselves for lost , and their hopes were cut off , then the whole house of Israel , like bones exceeding dry , came together , and they that were in the Valley of dry bones ( v. 1. ) became an exceeding great Army , ver. 10. How cleer there doth the Holy Ghost prophesie of the conversion of the whole house of Israel , that is , the twelve Tribes . Now if it should be objected , 't was prophesied of their restauration under the second Temple , to that I answer , it cannot be , because onely the two Tribes returned , and not the ten Tribes , to the second Temple , as Manass-Ben-Israel affirms ; and generally all Historians hold , that very few of the ten Tribes returned with the two . But now this Prophesie extends to the whole house of Israel , ver. 11. ( i e. ) the twelve Tribes : So that from the time of the Prophesie , untill this day , it hath not as yet been fulfilled , and therefore 't is to be fulfilled ; and when 't is fulfilled , it will be suddenly : as Romes ruine will be sudden , so the Jews conversion will be sudden , and therefore our Lord Jesus , and their true Messia's prophecying of their conversion , Matth. 24. in ver. 24 , 25 , 26. he tells them Antichrist shall be busie with his false Prophets immediatly before the day of Christs coming to destroy Antichrist , and to convert the Jewes ; and then shall he come , as the lightning which comes from the East , and is quickly in the West , so shall the coming of Christ be . This coming of Christ cannot be meant of his coming to judgment , but of his coming to call the Jews to repentance , and to destroy the Roman Monarchy , or the Roman Antichristian Pontifick state in ver. 29. the destruction of Rome is prophesied , and ver. 30. prophesies of the repentance of the twelve Tribes in the day of his spiritual appearance to them in the Gospel , ver. 31. prophesies of the time when this shall be ; it shall be at the sounding of the great voyce , and the Trumpet , that is , at the sounding of the seventh Trumpet , Rev. 11. 16. when the Witnesses shall rise , Antichrist shall fall , and Euphrates shall be dryed up , ver. 32 , 33. tells us , that the Tribulation of the Gospel-church under the rage of Hereticks , as Separatists , Blasphemers , Seducers , Antichrists , and false Prophets , is as sure a sign of the downfall of Rome , and the conversion of the Jews , as the budding and sprouting of the trees are of the approaching of the summer . Now these Heresies , and these false Prophets shall be eminent in the Gospel-Gentile Church , which shall be the true sign of the Jews conversion , ver. 34. plainly tells us , this cannot be meant of the day of Judgement ; for this generation ( saith Christ ) shall not passe , that is , the stock of Israel shall not be extirpate , untill they have seen all these things fulfilled ; this day is called Luke 21. the day of the redemption of the twelve Tribes : Now if this day ( as some would have it ) be the day of Judgement , this day would be the damnation of the Tribes , if they must be in the world untill this day , and unconverted ; therefore this day is the day of the Jews conversion , not the day of Judgement . ver. 25. The next verse is to confirm the certainty of the Prophecy , For heaven and earth shall passe away , but not one title of the Word shall passe away . ver. 36. But of that day , and of that hour ( i. e. ) ( of the heavens and earth passing away ) knoweth no man : by this 't is manifest , that Christ in the whole Chapter speaks not one word of the day of Judgement , untill ver. 35. which he forbids any to pry into ; for God only knew that ; but of the day of his coming to ruine Rome , and convert the Jews ; he bids us by the foregoing signes know for certain that it was near , even at the doors . ver. 33. Now this glorious coming of Christ in his spirituall and corporall punishments on his enemies ; and his spirituall and corporall favors to the Jews , shall be as the lightning which is swift in it's motion , it gives light from East to West presently , so shall all the Kingdomes in this world become the Lords , and his Christs on a suddain : Therefore far be it from any Protestant to have such a malignant thought , as that God hath forgot to be gracious , or that his hand is shortned that he cannot help the poor Jews , which are this day , many of them , looking , listening , and admiring at us in England and Scotland , whose eyes , I trust , shall see some glorious sign of good to them ere long . Forty times more may be said in vindication of this manifest truth , concerning the twelve Tribes conversion ; but considering how little is said against it , I shall say no more , but proceed . The subject of my ensuing Discourse in this , and Manus Testium which should be joyned with this is , concerning this great day . My opinion is , that the three grand Enemies of the Church shall neer about the end , or within a year of 1650. begin to rise , and never fall more : at this time also the morning of the Jews conversion shall begin , and shall shine more and more untill it come to a perfect day . These Opinions the Reader shall find bottomed on Scripture , which Scriptures are not of any private interpretation , but such as are matched with Scripture , which illustrate the things proved by them , and also have several learned Authors concurring , in the confirmation of the same thing ; so that if I am laughed at for my opinion , I doubt not but in that particular ( what ever it be of moment ) I shall make the Remonstrant confess , he scoffs not onely at me , but at his betters . I write not this to deter any from endeavouring to confute this ensuing Tract : for one end of my writing so briefly on so large a subject , is , that I may have a speedy answer , and a seasonable confutation ; which if it be cleer from Scripture-grounds , I shall readily and willingly submit , and return a thankfull Reply to my Corrector , and promise him to retract my Errours . As for the time of Antichrists fall , which I conceive to begin presently after 1650. it is well known that 't is no new opinion ; for Brightman , and several other learned men have so conjectured , upon this ground , which is humane , because 't is drawn from humane story : for he begins the Jews great afflictions in An. 360. so that their 1290. years afflictions must necessarily be expired in this year , 1650. and Dr. Homes , and several others well-versed in the study of the Revelations , and of History , do gather , that Antichrist appeared visibly in the Church in Anno 390. so that the Gentile and Jewish church afflictions seem both to expire at one time ; for Antichrist is to rage over the Gentile church but 1260. years , which by the compute is accomplished Anno 1650. Now ( as Dr. Homes saith very well ) in so many years , possibly , there may be lost-time in the account ; so that he takes a grain of allowance ( that is ) a year over to his 1260. years : Upon the same ground , in this thing , I shall follow him , and comply with him , though there is no necessity for it . Others ( as Clavis Apocalyptica , written by a German ) draw water from the same Springs , quote the same texts , as Dan. 12. and Rev. 11. and looking into History , say , that these texts of 1290. days , and 1260. days , are not fulfilled until 1655. so that these agree with the former in explication of the texts , but not in application of the Histories to the text : in which difference , he that hath the clearest Histories to shew the time of Antichrists rising , and the time of the Witnesses going into sackcloth , as relating to the Gentile Church ; and likewise he that interprets that text ( Dan. 12. 11. ) most clearly , and by history can clear it exactly , and tell when the daily sacrifice was taken away , and the abomination of desolation set up be doubtless , will gaine the greatest credit from the judicious Reader . In my jndgment learned Brightman on Dan. 12. 11. is most clear and rational , and none do , I find , guess nearer the time ( in print ) of Antichrists visible appearance in the Church , then Dr. Homes , let me give the Devil his due . But of the main point , which is concerning the slaying the Witnesses at , or neer the end , ( or whether at or neer the end ) of Antichrists 1260. years Raign , he speaks not a word , which makes me think , that his Sermon , Octob. 8. 1650. was preached against the light of his own conscience ; For in the Revelations the Holy Ghost hath so linked Antichrists raign , and the Witnesses slaying in the end of Antichrists raign , that he that studies the one , must necessarily take notice of the other ; and indeed he that can shew us the Witnesses slain , may easily point at the end both of the Gospel-church afflictions and the Jewish States dissipation : but here is the difficulty , and here are the gross mistakes of men , who studying application of history to the text , more then the explication of the text it self , have given most ridiculous ghesses , to the great scandall of the Protestant . My Antagonist speaks not one word to this text ; but the German Divine in his Clavis Apocaliptica , p. 87. tells us , that three years and a half before Antichrists raign is out the Witnesses shall be slain ; for ( saith he ) they both expire together , both Antichrists raign , and the Witnesses slaying : and therefore he renders , Rev. 11. 7. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , in futuro simplici , when they are about to finish : so Cloverius and Mead reads the text : In this I shall not much dissent from them ; yet I think they render it best , who read it from the words , as it most naturally drops into English , and that is when they shall have finished their testimony : for it will nothing at all clash with ver. 2. where they prophesie 1260. days in sackcloth : for the finishing of their testimony doth not cause their prophecying to cease : their suffering , and their slaying is the gloriousest part of their sackcloth prophesie ; for then saith the Holy Ghost , Here is their faith , and here is their patience . The finishing of their testimony is the joynt concurrence of the two Witnesses ( viz. the Magistracy and the Ministery ) in establishing the Doctrine and the Discipline of the Church of Christ against Antichrist the Beast of the Sea ( i. e. ) the Pope that keeps the Witnesses in sackcloth on the one hand , and against the Beast of the Earth that slayes the Witnesses on the other hand ; now when was this testimony finished ? the sum of this testimony you shall find in the Covenant ; but when they finished this testimony I leave Christians to judge , Whether when the Assembly of Divines had finished their work , that of the Doctrine , and Discipline of the Church , and when the Parliament ratified their work , resolved to disband their Armies , and bring home the King on honourable covenant-tearms ; and then the Beast of the Earth arose , made war against them , and drove them out of the house : since which that Reformation hath lain dead . Or whether it began then when the Magistracy were fully agreed to establish the Doctrine and the Discipline of the Church against Popery , on one hand , and Heresie on the other , when the King gave his royal assent , and the Parliament voted the Kings concessions to be a sufficient ground for the establishing the peace of the Church and State ; then the Beast ariseth and makes war against them , and overcomes them , and kills them : how kills them ? Rev. 20. 5. makes answer , beheads them , ( saith Beza ) cuts them off with the Axe . Now which of these times 't is , is no easie thing to determin ; but the former act seems , to me , to be the time when they finished their testimony : For then the Beast set up his Sword-power , and then the Magistracy and Ministery finished their Church-work : and immediatly after they had finished it , this Beast of the bottomless put threw it down , and then followed that abominable Vote of non-addresses to the King . Now this fell out neer about October , 164● . ( as I remember ) if about that time , then the Witnesses must ●●●e about May or June in the year , 1651. or thereabouts , for then his three years and an half is up : but if we begin to account the Witnesses s●aying , their finishing their Testimony , and the Beasts of the bottomless pits raign not to begin , unti●December , 1648. when the King was slain , and the Offices of the Two Houses slain , and the Assembly scatterd , for not subscribing to the Beasts mark , then the witnesses will not rise untill June , 1652. Now that these Witnesses are the Magistracy and the Ministery , there is nothing so cleer as learned Woodcock on Rev. 11. makes it appear , and several others ; besides the ferenity of the holy texts themselves , which makes it most cleer : This is most certain , that the two Witnesses are two lawful Offices ( i. e. ) a lawful Magistracy , and a lawful Ministery . Now their Opposites who slay them , are Usurpers in the State , and Usurpers in the Church ( that is the Beast of the Earth and the Beast of the Sea , with their followers ) now the Witnesses rising shall be these Usurpers confusion ( i. e. ) the ruine of the Pope , and the Beast of the Earth , with their seven thousand men of name : so that the Battel shall be fought betwixt lawful Magistracy , and lawful Ministery , against Usurping Magistracy and Ministery ; but more of this in its place . The greatest difference ( betwixt those that come near the time of their slaying is concerning the place where they must be slain : Now there are many groundless conceits that we find in print , about this place , where they shall be slain , I shall not repeat what others have said , but indeavour to prove that the Witnesses must be slain in these three Islands of England , Scotland , and Ireland . This I shall prove : 1. From the Offices that are slain . 2. From the person that slays them . The Offices that are slain are Two ; a lawful Magistracy , and a lawful Ministery . The lawful Magistracy is that which hath the Christ and his Apostles ordained in the Church , and established , untill his second coming for to teach , instruct , rebuke and comfort the Church . Now these two must be slain in that place where they have all their time been in sackcloth ; but a lawfull visible Magistracy , and a lawfull visible Ministery have since 390. been visible in England , though in sackcloth under the Popes tyranny , treachery , and oppression : Now let these Countreys that brag of the slaying of the Witnesses , amongst them first shew me for these thousand two hundred and sixty years . A lawfull Magistracy and Ministery , and then those so long in sackcloth if they shew me not this , I 'le not believe the Witnesses shal be slain where they are not ; but confident I am , England can only shew these Witnesses , & no Nation els , so long together in the world ; as God continued Monarchy in the Church from the Creation , untill the mighty Monarch of the world came : So that mighty Monarch the Lord Jesus after his Ascention , chose him his first Vice-Gerent here in England : Lucius by name , who swaid the Scepter for Christ ; from that Christian Race the Romans received their Christian Magistracy ( as Constantine ) and Christian Monarchy ( except in a National discertion ) hath continued visible in this Kingdome of England , well nigh 1500 years ; so that England above and before all other Nations since the profession of the Gospell hath retained Gods Witnesses , a lawfull Ministery being established by that good King Lucius , that Christian Monarch ; let us then look for the Witnesses where God hath placed them , and never till this day totally plucked them up : I say , I here challenge all the Historians and Antiquaries in the world , to shew me where , or when since these fourteen hundred years past ; that the two great Offices in the Church and State ( the lawfull Magistracy , and the lawfull Ministery ) were in so sad a slain abject condition , as at this day in England ; let Historians bring me the blackest night that ever came upon these two Offices , and I dare undertake to make it appear , that this day is seven times blacker and sadder to these great Offices , then any heretofore ; may I not add one thing more , to prove that the Witnesses have onely been in this Kingdome visibly in sackcloth , before William the Conquerors time , our Chronicles make mention of godly Kings , which for their piety were called Saints : Th●se you shall find them opposing the insolency and wickednesse of the Church of Rome , King Edgar acknowledged no supremacy in the Pope , but saith , that the care of the Church of Christ , ad nos spectat , it belongeth to the King , not to the Pope ; and this he did ( saith Hoveden ) by the advice and means of Ethelwood , Bishop of Winton , and Oswald Bishop of Worcester ; so that seven hundred years since we have had Magistrates and Ministers , against the Popes supremacy , and before that as is evident in Malmsbury de Gest. Reg. lib. 2. P. 57. afterwards , from William the Conqueror to the last King of England , we have it clear , they have testified against the Popes usurpation , and have in every Age suffered much , and been put into sackcloth , by the prevailing treacherous , rebellious factions of the Popes raising against the Kings of England , no Kingdome in Europe can say the like , and which is one of the remarkablest passages in the world ; the King that wast cut off when he had finished his testimony , was the only Protestant King in the world ; therefore the only Witnesse ( say I ) yea he was , as learned Sir Robert Naunton proves in his fragmenta regalia , cap. 1. p. 2. the lawfull Successor by lineall dissent of the ancient British Kings , so that if any Magistracy in the world be the slain Witnesse , 't is that of England , which is lawfull in it's self , hath been visible for Christ before Antichrist , in sackcloth visible under Antichrist , and in the sight and hearing of all the world cut off with the Axe , for finishing the testimony against Antichrist . Now as for the Ministery of England , the other Witnesse of Christs against Antichrist , that it hath been as ancient as the Christian Magistracy , and as visibly suffered under Antichrist , and now lieth under the greatest reproach ignominy , and slain condition , is as clear as the former . I shall say nothing to this Office , that Office will speak for it self , I am sure 't is of age and ability enough to gainsay all his opposers , you see how much probability we have from the persons that are slain , that the English Magistracy and Ministery are the Witnesses . Now we proceed to shew what probability , there is , that these Witnesses are to be slain in these Northern Islands , I will say the lesse of the Beast that slaies them , because I portrayed him in the ensuing tract , I shal only discover him where he is to be found in Scripture Prophecies , and then what those Scripture Prophecies say of his downfal in Rev. 11. 7. he is called the Beast that ascendeth out or the bottomlesse pit after the Witnesses have finished their testimony , where note that this Beast that slaies the Witnesses , is not the Pope , but one that riseth when the Witnesses have finished their testimony , and his raign is but three years and an half , and this all the Greek and Latin Fathers assent unto , and 't is as clear as the Sun from this text . In Rev. 13. 11. he is called the Beast of the Earth , to have us to observe , that he is one distinct from the Sea , ver. 5. 't is wonderfull to behold how many learned Protestants joyn these together in one , when God by his Word hath severed ; they are distinguished by their originall ; the one ariseth out of the earth , and the other out of the Sea . The Holy Ghost calls the Beast of the Earth another , and many Protestants ( though not all of them , for Bishop Cooper saith , 't is one distinct from the Beast of the Sea ) make them notwithstanding the same , the Beast of the Earth hath but two horns , and and the Beast of the sea ten : more arguments may be picked out of the texts to prove the Beast of the Earth which slays the Witnesses shall rise and raigne but three years and an half during the time the Witnesses shall lie slain , as 't is clear , Rev. 11. 7. 12. this Beasts rising is the Witnesses falling , and the Witnesses rising in this Beasts ruine , That the Beast of the Earth , and the Beast of the bottomlesse pit are one , and the same is clear , for Rev. 13. 10. 11. he riseth then , when the faith and patience of the Witnesses are exercised , here is the faith and patience of the Saints , their suffering graces , when the Beast of the Earth ariseth , are exercised , and the Beast of the bottomlesse pit , is he that exerciseth their defensive graces , so Rev. 11. 7. he makes war with them and overcomes and kills them . This Beast of the Earth , or bottomlesse pit Beast , is called in Rev. 17. the Beast bearing up Babilon with all her blasphemies murthers . In this sevententh Chapter the Holy Ghost gives us a view of the last Scene of the last Act of the Romish Antichristian Factors : I 'le beg the sober Christians earnest attention here , for it is the hardest Chapter in the whole Revelation , in Rev. 17. 1. the Angell tells you what time o' th' day 't is with Rome , 't is neer her judgment day at this time : Iohn saw a woman sitting on a scarlet beast : Here are three distinct names mentioned in the Chapter , the Woman , the Beast , and the great Whore : Now the great Whore sitting on many waters , v. 1. is expounded v. 15. to be that spirituall Whore that hath inticed the kings of the earth to commit idolatry ( which is spirituall fornication ) with her : this Whore is the Pope of Rome which inhabits the City with seven hills , which is Rome . The woman mentioned v. 3. is expounded v. 9. and v. 18. 't is the city standing on seven hills as Rome doth , v. 18. 't is the Metropolitan city as Rome is . But now the scarlet-coloured beast , v. 3. which beares up the city Rome , is not so plainly to the eye of the Reader unfolded , though there be most spoken in this Chapter of this Beast and his party , this Beast is one part of the mystery which Iohn wonders at . Observe therefore in v. 3. this Beast is called a scarlet coloured Beast , because of his bloudinesse : This Beast cannot be the Pope , for the Pope is the great Whore that sits upon many waters , and is born up by this Beast , 2. It cannot be the Pope , for the Pope came not out of the bottomlesse pit , but fell from heaven , and got the key of Independency into his own hands , which is the bottomlesse pit there spoken of Rev. 9. 1. But now this Beast coms out of the bottomlesse pit , to shew that this Beast is the selfesame that slayes the Witnesses , Rev. 11. 7. who also coms out of the bottomlesse pit . 3. This Beast cannot be the Pope upon any rationall account from any Expositor , because this Beast is the eighth , and is of the seven : Now the Pope by every Protestant account makes the seventh distinct head of government in Rome , but this Beast is of the eighth : now lest he should be taken for the eighth head of Rome , the Holy Ghost ( as it were with a Prolepsin , v. 11. ) tells us he is of the seven , and how he is of the seven ; it may be because he beares up the Woman with seven heads , and ten horns : he is none of the ten subjected to Rome , neither is he one of the seven heads of Rome , but he is the eighthdistinct from the seven of Rome , and of the ten hornes subject to Rome , and yet he is of the seven , that is , he hath somthing of all their wicked craft and subtilty , he is of the seven ( saith Haymo ) because this Beast shall seven times more persecute the Church of Christ then the other seven : this holds good ; for to prove him to be the Beast that slayes the Witnesses . Saith another of this text , he is the eighth , because regnum ejus distinctum à singulis , and he is of the seven , Quia in omnibus septem existit . I humbly conceive the Holy Ghost uses this expression [ he is of the seven ] to take us off from imagining that this Beast ( though he be the eighth ) is the eighth head of Rome : No , saith the Holy Ghost , he is of the seven , and that you might not imagine this Beast , on the other hand , to be one of the ten horns subject to Rome ; saith the Holy Ghost , He is of the seven ; and what followes ? And goeth to perdition . Twice you have the perdition of the Beast mentioned in this Chapter , I humbly conceive , for two ends : 1. To note that this Beast is the last enemy of the Church , which bears up Rome with all her blasphemous hypocrites , which vent their poyson , and profer it to the world in the golden cup of glorious Gospell truths , when they are full of all abominations , and filthinesse of fornication ; when Romes judgment day is neer , then v. 3. doth that scarlet coloured blasphemuus Beast arise , then is it a year of Jubilee with Rome , v. 5. she is richly adorned and decked with all outward pomp , and hath a golden cup in her hand , out of which she vents her abominable blasphemies . Then hath Rome , v. 5. a name written on her forehead , Mystery Babylon , now Mystery Babylon is legible in her forehead ; we shall see Babylon in a mystery , when Rome is neer her downfall , as to cry down with Antichrist , and murther a King that ingaged to pull down Antichrist : To pretend to promote the Gospell of Jesus Christ , and pull down the godly Ministery . To exalt the Kingdom of Christ , and to grant a toleration of all Religions against Christ : to plead liberty of conscience , and devise spirituall wracks and tortures for mens consciences : For the Brats of Rome to cry Down with the Pope , and down with Rome , and down with Antichrist , whilest they promote Rome and the Pope , and undermine the Gospell ? What is this but Mystery Babylon , written upon Rome's Politicians fore-heads : this is the comfort , Mat. 24. 24 , 30. these are the forerunners of Romes ruine By these mysterious plots , the Wolves of Rome get into the sheepfold of Christ , and suck the bloud of Christs Flock ; and therefore ver. 6. John saw Rome drunk with the bloud of the Saints at this time when she was going to ruine : to note , that immediately before Rome goeth to ruine the Witnesses must be slain , for she is now found drunk with the Saints bloud : And when is this that Rome is drunk with the Saints bloud ( ver. 7. ) it is when this Beast bears up Rome , that otherwise had fallen by the hands of the Witnesses , whose bloud they now drink : In as much as this Beast throws down those that would have ruined Rome , and had covenanted so to do , he may well be called the Beast that bears up Rome . For certain the tenth part of the City Babylon had fallen , had not this beast bore it up , by slaying those that had finished their Testimony , and were fully resolved to pour out their Vials on Rome : Now when this beast goeth to perdition that bears up Rome , certainly then Rome will fall , when the pillar that props it up falls , then down it falls : and therefore it is said , in Rev. 19. 19 , 20. When the Witnesses arise , and put themselves under the wings of Christ : this Rome-supporting beast John saw , when the Pope and his party , v. 20. with him , And when the beast by the Witnesses ( for I have proved already , that the battel is onely betwixt the Beast bearing up Rome , and the Witnesses ) is overcome : in ver. 20. the Pope is taken , and with him the false Prophet that wrought miracles : This false Prophet is the Beast of the Earth that slays the Witnesses , who is called a false Prophet , because Rev. 13. 13. He doth great wonders ( ver. 14. ) on purpose to deceive : so that this eighth Beast bearing up Rome when Rome is going to Judgment , when he goeth to perdition , Rome must necessarily fall with him . 2. The Holy Ghost in that he calls him ( Rev. 17. 11. ) the eighth Beast , and tells us twice in that Chapter , that 't is he that goeth to destruction . I humbly conceive the Holy Ghost points at Daniel 7. 8. which Daniel calls another little horn . Daniel longing to know the meaning of him , the Holy Ghost tells him , 'T is that horn that shall rise after the ten horns , under the Roman Monarchy , and shall pull three of the ten horns up by the roots , ver. 8 , 21. makes war with the Saints , and prevails against them : just as in Rev. 11. 7. This horn ( ver. 24. ) shall arise after the ten Kings subject to Rome and shall be diverse from them : In this respect he is said to be the eighth , Rev. 17. and he shall subdue three Kings ( i. e. ) Kingdoms , and ver. 11. By the setting up of Christs Kingdom , the Beast shall be slain , and given to the burning flame ; as Rev. 19. 20. and 25. He shall reign untill a time , times , and the dividing of times ; and then by the coming in of Christs Kingdom , he shall be destroyed to the end , utter ruine shall befall him . Now who should this little horn be that riseth in the end of the Roman Monarchy , and throws down three Kings , that is , usurps the Dominion of three Kingdoms , purely professing the Gospel , where the Saints whom he persecutes are , and reignes tyrannically over the Saints but three years and an half , and must be destroyed by the erecting of Christs Kingdom , and putting the Saints in possession : but onely the Beast which John Rev. 11. 13 , 17. and 19. setteth forth in his rising , reigning , and ruine . Object . But how comes this Beast to have seven heads , and ten Horns , since he is none of the Roman Heads ? in Revel. 17. 3 , 7. Sol. I thought , till I looked into the Original , that the seven Heads , and ten Horns , had related to the Woman , and not to the Beast ; and I thought ver. 9. would have born me out as well as the vulgar Translation ; but I perceived it not onely clashing with ver. 12. and v. 16. but confounding the Syntaxis of the words in the Greek Copy ; for the Participle in v. 3. and the Article in v. 7. are of another Gender : as in v. 3. how can {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} and {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} agree together ; but {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} and {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} agree together : so likewise in v. 7. how can {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} and {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} agree together , when as it agrees with {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , therefore learned Beza reades v. 3. vidi mulierem insidentem bestiae Coccinae plenae nominibus plasphemiae habenti Capita Septem ; so that habenti agrees with bestiae , which is agreeable to the Greek Copy ; the vulgar renders it doubtfully , but the Greek Copy decides this cleerly , by referring the Horns to the Beast , not the Woman . Ob. How comes it to pass then , if the Beast be not the Pope , but he that riseth and slays the Witnesses ( when the Popes time is drawing neer to an end ) that he is said Rev. 13. to have but two horns , and here to have seven Heads , and ten Horns ? Sol. The subject I am now upon is exceeding mysterious : so mysterious , that John wondered , with great admiration , to see Babylon in a mystery , devouring the bloud of the Saints , v. 5 , 6. to see men , under the name of Saints , and tender consciencious men , drinking exceedingly of the bloud of the Saints : This is a great mystery , and a mystery to be wondered at ; now this mystery v. 7. ) the Holy Ghost tells us is double : there is a mystery of the Woman , that is , Rome ; and the mystery of the Beast that at this time ( now Rome is going to ruine ) bears her up . Now this Beast is not the Pope , for the Pope sits as a Whore upon many waters : This double mystery then is in thishow the Woman Rome should come to be drunk now with the bloud of Saints , when she 's going to ruine ; and the other part of the mystery lyeth in verse 7. how the Beast that had horns like a Lamb , and a fair smooth tongue like a Dragon , Rev. 13. 11. should now have the feet of a Bear , and the jawes of a Lyon ; how he that had covenanted to throw down Rome , and professed himself a great friend to the Saints , and yielded all his assistance to throw down Popery , Superstition , and Idolatry , and holds the same Religion in profession that the true Saints do : how this Beast should become the Beast bearing up Rome , here is the mystery , and such a mystery as is to be in the Church when the Witnesses shall be slain , and when Rome is neer to utter ruine , which mystery being this day in our eyes revealed , is a sure prognostick to me , that Rome is not far off from her utter ruine . Now I humbly conceive that the Beast is said to have the seven heads , and ten horns , because he supports Rome with seven heads , and ten horns : Now as the Heathen Emperours were called the red Dragon with seven heads , and ten horns , Rev. 12. 2. and the Pope is the Beast of the Sea with seven heads , and ten horns , because they kept up the Emperial pomp and state of Rome : so this Beast of the Earth is said here to have seven heads , and ten horns , because he supports the pomp and state of Rome , when the Witnesses had finished their testimony , and were ready to pour out the vialls upon it . This Beast is therefore the Eighth , ver. 11. because he is distinct from those seven Kings , v. 10. and yet he is of the seven because he is an Usurper and a Tyrant , who rules by his Sword-power , as the seven before him did , who bore up the woman with seven heads : therefore this Eighth Beast ●●●…d to be of the seven , because of the likeness of the Government he sets up to theirs before him . Hence 't is that in v 8. the Beast that bears Rome is called the Beast that is not , and shall ascend out of the bottomless pit : He was in the Idaea of his Government , in the Usurpation of Caesar , but [ is not ] because he is to come out of the bottomless pit , Rev. 11. 7. where the 1260. years reign of Antichrist draws towards an end , and then slays the Witnesses : the next words cleers it , that this Beast is also the Beast of the Earth mentioned Rev. 13. 12 , 13 , 14. Hence he is called the Beast that was , because Rev. 13. 12. he makes the people to worship the first Beast whose deadly wound is healed , that is , he makes people subject to a Government as Caesar set up in Rome , which was a packt company of Senators , whom he at his command could sway , to what he pleased after he had drove away , and secluded the faithfull members of the Senate-house : But by what power doth he do this ? the same ver. of Chap. 13. tells us , He doth it by the power of the first Beast before him , that is , the Pope , ( as we have shewed ) these two first Beasts mentioned in the same verse signifie . 1. The Pope , in whose presence the last Beast acts , and by whose power he acts . And the other is Caesar , whose Government he endeavours to set up : Now he doth it by the power of the Pope , that is , by treachery , lying perjury , treason , and lying wonders : Therefore in Rev. 17. 8. the time when this Beast shall be in the world shall be a time of wonder , the people shall wonder at him , wonder at the changes he makes in Times and Laws , and wonder at his proceedings ; and the reason is in Rev. 13. 13. because he doth wonders in the sight of the men of the Earth ( that have not rooting in Christ ) by his glorious successes , and his specious pretences ; and also his boasts of the prevalencies of his prayers with Heaven , how providence guides him , prospers , and protects him : thus he cheats the Pope , and makes them to admire him , for his acting by the first Beasts power , that is , by the Popes power , so that this Beast is after the Pope , and to be expected ( as the Fathers say ) when Rome is to go to ruine , and to be destroyed . Thus this Beast is the Beast that was , and is not , and yet is . Ob. How is he the Beast that is ? Sol. He is [ the beast that is ] because at that time when John had this Revelation , Rome had the government of Caesar , though Caesar and that Family were extinct , there was a Senate in Rome , and that Senate curbed under the power of the sword , sword-men bore the sway , the General of the Army was the Emperour : though they had the name of the Senate , they sate & voted in the Senate , but it was the General and his souldiers acted what they pleased ; and in this sence , this beast was in Johns time , that is , in the Government ; and in this sence also the eighth is of the seven . The hardest knot still remains to be untied , and that is Rev. 17. 12 , 16. where 't is said , That the ten Horns are ten Kings , which have received no Kingdom as yet , but receive power as Kings one hour with the beast : What should these ten Kings be who have no Kingdom , nor power , untill this beast arise , and then they have but power as Kings one hour with the beast ? 1. We must answer negatively these ten Horns here mentioned cannot be meant the ten Kingdoms subject to Rome ( as some would have it ) for that is expressed in ver. 25. Otherwise , then by ten Horns there the head of Rome , the pontifick state , is called the Whore , and the powers subject to Rome compared to Waters , which Waters are by the Holy Ghost in the same verse interpreted Peoples and Multitudes , Nations and Tongues . 2. We answer possibly , yea most probably , ten Horns may have a double sence and meaning ; the one , to set forth these Kings subject to the Roman Empire , and so Dan. 7. 7. is to be understood ; and so the most learned Protestant Writers understand these ten Horns : 'T is also the opinion of learned men , that by ten Horns is meant the Senate of Rome , subordinate to the Imperiall power of Rome : so Alcazar understands these ten Horns , he calls them Poliarchiam Senatorum . And ( not rejecting the common interpretation of the ten Horns ) I conceive this may be the meaning of Rev. 13. 1. where when the state of Rome was changed from Emperours to Popes , the seven Heads had blasphemous Names on them , and the ten Horns were crowned . The Senate of Rome under the Emperor had no Crowns ; but when the Pope came up with his ten Horns , that is , his Conclave of Cardinals ( resembling a Senate ) they had their Miters on ; here the ten Horns are crown'd : As I do not dote upon this interpretation , so I dare not despise it , for it hangs upon as much reason as the other , if not more , and I know no reason , but why these ten Horns may have a double signification , as well as the seven Heads ; but the seven heads ( Rev. 17. 9 , 10. ) signifie seven Mountains , and seven Kings . Therefore by these ten Kings here , Rev. 17. 12. I conceive is meant those Senators , or that packt party , that this Beast sets up by his sword power ; and as Caesar conquer'd under pretence of subjecting people to his packt-senate in Rome : so doth this subdue Nations and Kingdoms to his packt-party of Senators . Observe how clearly this appears in the Text , v. 12. 1. The Holy Ghost doth not say these Kings shall receive Kingdoms , but a Kingdom [ Ten ] is but indifinitly for many ; as ten Virgins , ten Talents ; and now these many shall not reign in distinct Kingdoms : for John saith they have not received a Kingdom , noting these many Kings shal be in one Kingdom . 2. They are not absolute Kings , but receive power as Kings ; they rule and tyrannize , and make Lawes , and exact obedience from the people as Kings . 3. 'T is but one hour that they have this power , three years and an half is the utmost extent of their duration in this power , for they come in with this beast : now this beast continues but three years and an half . 4. These all make but one vote , v. 3. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} that is , in English , make one vote . I do not know how better to express it in English : therefore I conclude , that these are not distinct Kings , but such as vote together in one Councel to propagate the beasts designs ; and in so doing , ver. 14. they are by the Holy Ghost marked for those who fight with the Lamb , and the Lamb overcomes , so that hence I gather , that the great battel spoken of to be fought ( Rev. 19. 19 , 20. ) by Christ against the beast , and the false Prophet , is the battel that is to be fought against the beast , and these ten Horns : For on the Churches side the Generall and his Army are one and the same in both ; here he is called the Lamb , and Rev. 19. 7 , 8. he is called the Lamb ; here he is called the King of kings , and Lord of lords , and there , vers. 16. he is called King of kings , and Lord of lords : here his Army is called faithfull and chosen , and in ver. 11. there their Generall ( who makes them like him , by calling them to him ) is called faithfull and true . This battell is set forth , Rev. 11. 13. by a great Earthquake , and Rev. 14. 19 , 20. by gathering the Vine of the Earth into the Vinepress of Gods wrath : a usuall metaphor to set forth the ruine of the Enemies of the Church by , like that in Judges , The gleanings of Ephraim are better then the Vintage of Ebiesar , that is , the little Conquests of Ephraim in taking these two Princes , were greater then ( the Vintage ) the great Conquest of Gideon over that vast Army . But here is another hard question comes in , and that is from v. 14. and 16. Q. How can it be said in v. 13. that the Horns make war with the Lamb , and the Lamb overcomes them ; and in v. 16. The ten Horns shall hate the whore , and make her naked , and eat her flesh , and burn her with fire . Resp. To this we answer , Those ten Horns cannot be the same in person , in v. 14. with these in v. 16. 1. Because these in v. 14. make war against the Lamb ; but those in v. 16. make war for the Lamb . 2. Those in v. 14. are destroyed and overcome by the Lamb , and therefore cannot be the same in person with those in v. 16. because they shall hate the Whore : Now comes in the Judgement of the Whore spoken of , v. 1. and in this , v. 16. the Officers that shall bring her to Judgement are set forth . Observe but the opposition that the Holy Ghost puts betwixt the person and persons in one Office : by the ten Horns ( as I have shew'd ) signifies a Senate , a Parliament , or a supream power consisting of many Members : This v. 14. and 16. ( if seriously perused ) shew us , that there shall be a great Rent amongst persons conjoyn'd in one office ; the ten Horns , v. 12. arise with the beast ; but the other ( v. 17. ) give their Kingdom ( through their oversight to the beast ; so that these clearly are distinct : for these last ten Horns had a Kingdom , or else they could not give it away ; but the other v. 12. come to be Kings , or as Kings with the beast : so that the coming up of these is the casting down of those ( vers. 17. ) untill the words of God be fulfilled : Those ten Kings vers. 13. give their power and strength ( which they received from the beast ) to the beast against the Lamb . But those ten Horns v. 17. give but their Kingdom for a time , and when that time is fulfilled ( i. e. ) when the seventh Trumpet sounds , when the mystery of God shall be finished or fulfilled , then those shall hate the Whore , and shall make her desolate , and eat her flesh , and burn her with si●e : This gives us a most clear description of the slain Witnesses , by a party atising out of their own bowels : Here are the same ten Horns for the beast against the Lamb , and the same ten Horns for the Lamb against the Beast , and the Whore : This is a mystery which hath been locked up from former ages , and is now in the eyes of all the world revealing it self : these ten Horns therefore are distinct in their persons , and the same in office , onely the one party sides with the Beast who gives them his power to slay the Witnesses : so that these reigning , keep the name and power of a Parliament , and so they are called the ten Horns , and this Rome they keep till the true Parliament ( which pretendedly was on the beasts head ) arise , and by their powerful prosecution of their Covenant-Reformation , shew their hatred to the Whore , make her desolate , eat her flesh , and burn her with fire : For certain the rising of the slain Witnesses shall be the downfall of the Beast , the Pope , and the Devils Kingdom : I am not ignorant how remote I am from the common received opinions of the Protestants ; neither am I ignorant , how far they are from the clear light of sacred Text , which gives too much occasion to the Romish party in their writings , to scorn at their interpretations : It were easie to shew the contradictions that they make , who interpret these ten Horns to be the ten Kings of Europe : but I forbear , and only make this the excuse of my prolixity , because I easily perceive the great stone which the Protestant Writers stumble at , is this last beast that is to rise and raign three years and an half , in which time he slays the Witnesses : This Beast few of them ( for ought I can perceive ) ever dream't of ; therefore they mistake the Beast rising out of the bottomless pit , Rev. 11. 7. the Beast of the Earth , Rev. 13. 11. and the eighth Beast , Rev. 17. 11. to be the Pope , and these ten Horns to be the ten Europian Kingdoms , which are all gross mistakes , and the causes of greater in most of their Writings . Having thus ( by the good grace of the Holy Trinity ) by these mysterious Texts discovered this last Beast , and these last Enemies of the Church , I trust he that is not spiritually blind will say , Surely these Scriptures are fulfilled in our eyes this day . Was there not a glorious Reformation began , and though with much danger and difficulty , yet ) clearly carryed on : Read but the Assemblies Works ; read the good Ordinances made by the Parliament for the carrying of it on ; read the Covenant , and then say , whether there was not a glorious Reformation began : nay did not the King give his Royall assent to this Reformation , and did not the Parliament close with these Concessions ; and then , even then , on a sudden when these Witnesses had finished their Testimony , then ariseth this Beast , and over throws this Reformation , by slaying the Witnesses which had finished their Testimony : By this the Reader may see my confidence , upon Scripture-bottome , that these are the times , and this is the place , and the Magistracy , and Ministery of England , are the witnesses that now are slaying ; and this Power now tyrannizing over the Church , is that Power that slayes the Witnesses ; and the Beast that set up this Power , together with the Power that he hath erected , shall gather all their strength against the Lamb , that is , against the true Saints , which in sincerity worship Christ ; and there the mighty hand of God shall appear to the utter ruining and confounding of them ; then shall the Witnesses arise and take up that Reformation which hath lien dead three years and an half , and shall carry it on without any more opposition ; and all this shall begin to be done ( I do not say finished ) neere about this present year , 1651. These I have more largly discoursed of in the ensuing Tract , yet not at large , because I expect to have it answer'd by some of the Time-serving Champions , especially Docter Homes , whom I take to be the learned'st Saint of them all in this study ; and he hath got him almost as great a name amongst the ignorant Crew for a Prophet , as Lillie the Hedg-Prophet , who Jispsie-like gets his living by telling fortunes : as Lillie , so doth this Doctor make his Oracle speak to the humour of the Times : as that infamous Priest of Apollo , out of base flattery made the Oracle {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} . So doth the blasphemous wretch indeavour to make the Holy Oracles of the Scriptures {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , that is , to humour the usurping Trayterous bloudy Hereticks of the Times , and with more subtilty then any of his fellows . It behoveth Christians to observe some mens Designs more then others , and to observe how they carry on their Designs ; as for this Doctor he undertakes to prove the foulest actions that ever were committed by Christians , to be the gloriousest and greatest actions that ever were performed by Christians , and pretends to fetch all his proofs from sacred Scripture , from Propheticall Texts ; and 't is commonly taught , That King Charles who was cut off was the Antichrist , and London the city that must be destroyed with seven hills ; and the Presbytery the Locust that must be destroyed ; so that ere long we shall have Protestants massacred as Antichristian ; 't is therfore time to look after such fellows . Indeed there are many in print , who assume scribendi libertatem ( as Scaliger saith of the French ) but have not scribendi facultatem . I think the Writers of these times upon this subject , edged with the Doctors designes , may be distinguished , as maladies are amongst the learned ; some are privative , some are positive ; in some there is seminarium stultitiae , in other some seminarium invidiae : Now the later of these is most dangerous : From hence proceeds heresie and apostasie from truth ; if we mark it , error is a positive act ; and where it meets a malicious heart , and a subtill head , it doth infinite hurt . Now I shall sooner prove the Doctor one of these , then stile him one . As for that other sort of Prophetick time-servers , though 't is true there be unus utrique error , yet , poor soules , they make such ridiculous nonsense of what they steal from learned men , that every man of ordinaryparts cannot but cry out of them as eruditi fures , and deserve as much to be slighted , as Iohn Goodwins Songs to be laught at . The truth is , such self-conceited ideots deserve better to be met with a Lacedemonian whip , then to be corrected by a sober pen : They are such as Hierom complains of , Qui loqui nesciunt , & tacere non possunt ; I do not mean onely such tinkling cymballs and crackt trumpets as Sterrey and Powell , Durie , Feake , the Furriers Boy , Will . Sedgwick , Iohn Goodwin , Simson , and Carpenter the converted Jesuite , with his Brother Tillam the blasphemer ; but many others , poor soules , who are great Zealots against Antichrist , but know not what he is : a man that hears the contradictions , absurdities and egregious falsities that they impudently utter sometimes in one houre , would conclude as ( Lactantius doth against the Philosophers ) Aut stulti aut in ani , nullus enim ager , nulla anus , ineptiùs deliravit ; these empty-headed fellowes , whose privative malice proceeding of ignorance , makes them belch forth such indigested crudities , I would intreat good Christians to pray for them , for they know not what they say . But while I am viewing the followers of the Beast : There is a third sort of time-servers , the worst of all , by how much the more eminent they are for the profession of the Protestant Religion ; for that of Iuvenali is true : Omne animi vitium tantò conspectius in se Crimen habet quantò major qui peccat habetur . These are not such lascivious Goats as the Doctor that I deal with , nor such silly hogs as those I pass over , who like those possessed run in a Herd together down the precipice of Ruine into the Sea of perdition , without remorse or stop : But these are men of gravity , men of sobriety , men professing outwardly godliness , men that , like Judas , kiss Christ with their lips , and imbrace Christs murtherers in their arms , that have their lips in Heaven , and their Arms in Hell : they are like the Ayr in their constitutions , which Element , though it proceed ex duobus Elementis à symbolicis , yet notwithstanding 't is utrique symbolicum ; and so are they , I mean such as Mr. Nye , Mr. Thomas Goodwin , Mr. Shadrack Simpson , Mr. Bridge , Rows of Eaton ; who though no Priest , yet may well be stiled a Franciscan Apostate : and I would I could leave out Mr. J. Car. and M. Ob. S. I am loth to name them , because I am ashamed that the world should know that two such eminent-godly-learned men are amongst such an Antichristian abominable Faction : but who knows that Mr. Caryl is amongst them , and that Mr. Obediah Sedgwick keeps publike Thanksgiving dayes for the overthrow of the Scots , our Covenant-keeping Brethren , Hi sunt illi ( saith Tullie ) qui non solùm vitia concipiunt , sed etiam infundunt , in Civitatem plusque exemplo quam peccato nocent : These are those adultae patriae pestes , that , if it were possible , would seduce the Elect : How much mischief have these men done by their evill example , by their open apostacy from their Church and State-principles , by their Covenant-breaking , and by their elegant pleading ( like Job's acquaintance ) against a righteous Cause ; and most shamefull extolling and complying with wicked men , cursing the righteous whom God afflicts , and blessing the wicked whom God abhors : These {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} ( as Greg. Nazianzen calls them ) such as will truck away their Religious principles , and break their Covenants , for the gain of the world , notwithstanding their former Writings and Opinions , fight with their present actings , like the souldiers of Gadmus to their own confusion . These men going in the way of Cain , and running after the errour of Balam for a reward , have provoked me , unworthy me , like Balam's Ass , unexpectedly , though out of the anguish of my heart , to reprove the madness of these Prophets . I no whit wonder that Hereticks , and scandalous loose fellows , such as Doctor Homes , and John Goodwin , keep Thanksgiving Dayes , and make Ballads at the overthrow of the Church and State of Scotland ; for they know that Scotland is the greatest Enemy to Heresie and Lechery in the world : These go upon that new-found Maxime , self-preservation , and so have some ground for what they do : for doubtless Homes had been hang'd for his uncleanness , and abominable lewdness , had the Scots Laws been put into English practice , and such as Goodwin had been justly banished , for open apostacy and obstinate heresie , if not hang'd for a blasphemer : Therefore I the less blame them for what they do , and the rather , since their own former Writings save me the labour : Doth the Doctor call the Church of Scotland , and the Presbyterian Church whore by craft ? Poor man , we very well know that this is not his first mistake ; it is not the first time that he hath mistaken an honest woman for a whore , witness his Congregation that excommunicated him for such gross mistakes , and to this day for the same stands excommunicated : Were it not therefore through this Doctors sides , that I intended to wound the whole Rabble of Deceivers , and false Prophets , who most egregiously abuse prophetick Texts , to the defaming of the true Church ; and that the Time-servers may know I dare incounter their sturdiest Champions , I should have been ashamed to have entred the list with so scandalous a man as Doctor Homes : But why should I be ashamed to confute him , when the Lord Major of London was not ashamed to make him his Teacher . Let no man think that I do {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , meddle with that which concerns me not ; for by my Covenant I am bound timely to make known and discover , whatsoever Church or State-evill : I am not able to suppress , and I do no more here , I know that this my young Lamb must pass through the midst of Wolves and Lyons , who will indeavour to devour it : and therefore I have arm'd it with Armour of proof , the Holy Scriptures . I do not ( as Cromwel in his Letters falsly saith the Scots do ) use weapons of a foolish shepherd , I fetch all my weapons out of Davids Armory , the Scripture : here hangs a thousand Bucklers , all the shields of mighty men , I draw no Arguments from Conjurers Dreams , or from Astrological Predictions , such really are the weapons of a foolish shepherd ; I offer no such poysonous water to the thirsty Traveller in this Road ; all that I draw comes clearly up exprofundissimis Scientiae fodinis , from the Scriptures , the Wells of living Water : Here are no Texts crook't ( though cross to the common interpretations ) by any private interpretation , to particular self-ends : Indeed I do swim against the stream of common Interpreters , but not without just cause given , I protest it is not out of a desire to be singular , as not a few in this Age do , who think no Fabrick of fame stands so stately , as that which is built exruinis alienae existimationis , esteeming it no small piece of honour to be counted novae alicujus rei Authores , Let it be what I will , for my own part , I protest against such folly . I onely follow the Ark ; which way it goes , I go ; and when it stands still , I stand still . I shall submit my self wholly to the censure of learned Texts men , whether I have wracked any Texts to stretch it beyond the lawfull bounds of interpretations , or whether I have made any {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , or not made my {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} to be {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} onely . This I will assure the Reader , that he shall find nothing in this book either prater fun lamentum salutis , or contra a fundamentum salutis : Nor scarce any one Text ( of these many ) unfolded , but what learned Writers do concur with me in ; for I walk upon the learned heads of at least fourscore Interpreters , and if I fall from ones head , I presently fall into anothers arms , so that my sence falls not to the ground . Indeed my style and my method may justly be blamed , I am heartily ashamed that it should go so tatter'd with its rags into the world ; but indeed the reason is because it was done in hast , not that it was studied in hast , but scribed in hast : it is well known this piece proffer'd to the Press within a month after the Doctors Sermon was printed , and from that time , to this day , it hath waited at the Press ( like the Cripple of Bethesda ) expecting dayly some one to put it in ▪ indeed my book ( if it could ) should not go like Independents wives {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} . Now the Church is in her winding sheet . The first part of it proves Monarchy to be Jure Divino , and to be visible in the Church from the Creation to Christs Incarnation , who was both Monarch ( by a right of succession from Adam ) of the whole world , and by right ( of succession from David ) King of the Jews , according to the flesh : I have not handled this point , or any other , so fully as I might and could , I intend it not , untill I hear what my Antagonists say against me ; and then I shall ( by Gods good grace ) say more upon this subject , if need require , not otherwise ; for I hate coming in print , except in a case of necessity ; and in that case onely privatly . I heartily praise God that I have so fair an opportunity to declare my self in this of Monarchy , for at least seven years ago , I was unjustly slander'd by those ingrateful wretches whose family and goods I protected ) that I should say that I would kill the King . This news , and my name , was carryed to the Court , where it met with His Majesties ear as He was at dinner : there it was told him that I ( naming me by name ) was the man that had vow'd the Kings death where ever I saw him . This doubtless had died away , and never come to my ears , had not this accident hapned ; he gouty good Gentleman of the house ( where the King at that time kept his Court ) though he could neither stir hand nor foot , by reason of his age and disease , yet was so inraged at the news , that he vow'd , as decrepit as he was , to be the man to fight with , and kill such a rebellious villain ( meaning me ) as would attempt such a thing . I never had an opportunity to vindicate my self from this foul aspersion , nor so much as to present hearty thanks to the Gowty Gentleman for his hearty and loyall affections to his Soveraign the King , in that he would adventure his life to kill a villain that should attempt to kill the King . I profess before God and Men , that I , when I was so aspersed , was of this opinion , That he was both a Villain and a Traytor and deserved sudden and cruell death , that would presume in his heart to think so evil a thought as to kill the King : for my own part I had rather be a slave to my Liege Soveraign , then a Ruler amongst the Rebellious . I am througly convinc'd , that Monarchy is that Government which God hath ordain'd and set his stamp upon ; and all other Government is the Ordinance of man immediatly , though approved by God , as the Seventy were under Moses , and that no person upon earth can by Gods law question or bring to punishment the person of a Monarch . This we all know , both Jews and Gentiles , that hold the Divinity of the Scriptures , that the Church of God ( before Christ ) was beholding to a Monarch , both for their Church-Laws and State-Laws . For the Revelation of the Will of God , and the manner of his Worship , Moses the Monarch was the first mediator , into whose hands the first glorious Gospel dispensations were put . God revealed himself immediatly to Moses , and the people received Gods mind immediatly from their Monarch Moses . The first Revelation of the Covenant of Grace was given to Adam the Monarch of the World : The second manifestation of the Covenant , with a Seal , was given to Abraham the Monarch of the Church , and the Gospel-Church received all their spirituall Lawes and Ordinances from Christ the natural Son of both : But now the question will be , Whether Christ ordained Monarchy in the Gospel Church , as well as the Ministry : if so , shew us the Monarchy , I acknowledg this a difficult question , I do not find any of the Learned so much as touch upon it : indeed I find many men in the Negative , but scarce one Affirmative in this Question ; I find ( though not directly ) Hierom and Calvin negative in the Question , That Christ ordained a Government , and that potestas & ordo , power and order , are essentiall in that Government , ●o Divines do deny ; but the Modus & titulus in this government , is that which as yet lies disputable . Some say this government ought to be Aristocraticall : Of this opinion is that holy and learned Calvin ( which I wonder at ) his grounds for it are because he thinks the ancient government of the Jewes was Aristocratical : but the sandy foundation of this opinion . shews us the weakness of this Argument : For there is nothing more clear , then that Israels government , from their deliverance out of Egipt , to their captivity in Babylon , was Monarchical , if Supaemacy in one be Monarchy ; so that out of the rains of Calvins Argument will arise a firm Argument : Thus if the examples of Civill-government , under the Gospel , must be according to that under the Law ( for there the force of Calvins argument lies ) then Monarchy is the government that must be erected in the time of the Gospel : but we pass this . Hierom is of opinion , which he grounds on Dan. 7.18 . That when the great Day of Gospel-Reformation shall come ( i. e. ) when the Roman Monarchy is destroyed , then ( saith he ) all Kingdoms shall be thrown down , and there shall be no government at all , onely the Communion of the Saints . But this Opinion ( as 't is much built upon these Times , so ) 't is built on a sandy foundation , upon a mistake in the interpretation of Dan. 7. 18. and it is absolutely contradictory to these prophetick promises of uniting the two Tribes , and the ten Tribes , under one King or government , ( i. e. ) making them , as at first , one Kingdom under one King ; and against those Texts which promise to the Jews , That in the Gospel-dayes amongst the Gentile-Gospellers , He will raise up Kings to be their nursing Fathers , and Queens to be their nursing Mothers , and many other texts : therfore we pass this also . The noble and most learned Hebrews , for the most part , conclude , That God will call them again , and make them a famous Monarchy : So that the worst of them hold , that Monarchy shall continue untill the end of the world : indeed Levie Ben Gerson , an Hebrew , upon the first of Sam. 8. pleads for Aristocracie ; and to advance it , he ( like the Serpent ) bites Kingly-Government by the heel : like as the Prelates on the one hand , and the Independents on the other hand , plead against Presbytery , so doth he against Monarchy : For he picks up the excrements of the Kings of Judah and Israel , and from their illsavouring infirmities conclude , therefore their government is such as their infirmities were , which is such a childish weak way of arguing , that it deserves no answer : As if because the Priests were naught , therefore their Office must be naught : or because a Sacrifice was lame , therefore the Temple was naught : or as if because the image on the gold is defaced , therefore the gold is naught : this is peevish-childishness , therefore we pass that also , and come to the question , Whether Christ ordained Monarchy to be in the Gospel Church ? To that we answer negatively , as to the Title . 1. No King on Earth since Christs incarnation , to this day , can shew an extraordinary or immediate Call from God to be King , as David could , and Solomon could , for he was chosen King , by God , before he was born . 2. There is no King , since Christ , that can say he hath a naturall right to his Kingdom . Succession , that ended in Christ , who had a true Title , by natural succession , to be Monarch of the World , as descending from Adam , Luk. 3. and a natural right to the Monarchy of the Jews , as descending of Abraham , Matth. 1. So that Christ onely is naturally according to the flesh , by succession , the King of the Jews and Gentiles ; and in this sence is Rom. 5. 14. to be understood , where Adam is said to be a Type of him to come , that is , as he was Monarch of the World by divine institution , and naturall right : so that he that claims since Christs incarnation , by a natural right , the Monarchy of the World , or Kingdom of the Jews , usurps the Office of Christ ; for Christ onely is Monarch of the world by a natural descent , and in this respect he is both King and Priest after the order of Melchisedeck ; for Melchisedeck was without beginning of dayes , or end of time , in respect both of his Priestly and Kingly Office , without beginning of dayes , that is , in respect of his pedegree ; for he was both King and Priest by naturall succession from Seth the son of Adam , which was time out of mind ; For none at that time were able to tell the antiquity of his descent , who by birth was both Monarch and Priest ; and then this Melchisedeck was without end of time : For neither the Kingly Office , nor the Priestly Office were extinct in the Church untill Christ came , in whom met both the Kingly , the Priestly , and the Prophetick Office : this Christ was according to the flesh the naturall son of Melchisedeck , who having carried up to heaven with him his humane nature , sits a King , a Priest , and a Prophet in that nature in heaven for ever , on his Churches behalf ; and in this sense Melchisedecks offices are without end of time ; for our King and our Priest is ascended up into heaven , where he makes continuall intercession for us ; so that since him there is no succession of Monarchs by lineall descents : but Magistracy is not made null under the Gospell , because it ceaseth in respect of a naturall title by succession For God hath ordained by his approving providence , other ways of erecting Monarchs then by succession or immediate call , as David was Monarch over the countries round about him , not by succession , nor by an immediate call from God , but by conquest ; so that the great Office of Monarchy may lawfully come in at other doors , though the door of succession and immediate calling from God be shut . But this is not the question . That Christ hath not abolished Monarchy under the Gospel , nothing is more clear : For government is a morall thing , and stands as sure as the fifth Commandement : Now Monarchy is Gods government , therefore it stands firm with the fifth Commandement , which Laws he came not to make void , but establish . We may truly argue therfore for Monarchy under the Gospel by an argument taken à fortiori : For if under the Law God gave to his Church Monarchicall government , much more doth that great blessing belong to the Gospel Church , Paul exhorts that prayers especially be made for Kings , that they might be converted , that so under them the Church might lead a peaceable life , so that Kings were to be brought in under the Gospel as well as others . It is true indeed , there was not immediately after Christs ascension a visible established Magistracy in the Church , because the Church was not then established : Besides , there was no need of Magistracy at that time , for Christ the absolute Monarch of heaven and earth by a true and unquestionable title , both by succession and conquest , after his ascension , according to his promise , sent his holy spirit in an extraordinary way upon his twelve Apostles , who dividing the world amongst them , went forth in the power of the Holy Ghost conquering the people : During their time there was no need of any Magistracy , for their protection ; for the Holy Ghost protected them beyond all the Magistracy in the world ; it released them out of the strongest prison , brake open the strongest gates , and knockt down their stoutest enemies , as Paul , who was doubtlesse some great Magistrate amongst them ; for he was the companion of Herod , and when he was converted , the Church had peace round about ; which argues , there was none before his conversion greater then he : he punished the scandalous , as Ananias and Saphira : it gave ( like a Monarch ) large boons to those that desired it ; it healed the sick , gave limbs to the lame , raised the dead , and by its imperiall power made spirits of men in every Nation bow down to the Apostles commands : this extraordinary presence of the spirit with the Apostles , was beyond all the Monarchs in the world ; for this Spirit saved all the passengers in the Ship , when the Ship was broken all in pieces , which all the Monarchs in the world could not do ; this Spirit raised Paul from death to life after he was stoned , which all the powers in the world could not do ; therefore there was no need of a Magistracy to protect them in that Age , the power of working Miracles was their Magistracy at this time ( say some . ) We may truly affirm , that since Christs universall conquest on the Crosse , after his Resurrection , from that day ( Matth. 28. 18. ) that he divulged this universall power in heaven and earth ; the Church hath not been left without a true Monarch , for Christ is that Monarch who gave Commission to his Disciples to divulge his Laws , and command the world to observe them , and he would be with his Embassadors to the end of the world ; so that the true Church cannot be without a Monarch , who by a naturall right according to the flesh , raigns over them , and will raign in the midst of his enemies , and make all their designs promote his honor , and his Churches good ; this grand priviledge only the Gospell Church injoys , for the Jews had only temporall Monarchs , according to the flesh , who died away , but they had not a spirituall Monarch , who by right of Succession came , whom ( through unbelief ) they reject to this day , though for certain he is their lawfull naturall King , by a naturall right of Succession , being of the Linage of David , and he is our naturall King ( we being Gentiles ) by a right of Succession from Adam ; and he is spiritually the King , both of the Jews and Gentiles , by that spituall infinitely glorious Conquest , which he got over the Wrath of God , and his Divine Justice , over the Powers of hell , and all their malice , and over the souls of the Elect , and all their sinnes ; so that he is by Conquest the Monarch of the Gospell Church , so that the Church under the Gospell can never be without a Throne , and one to sit upon that Throne . In the last place , this we do affirm , that soon after extraordinary gifts ceased , and that extraordinary Succession of Ministers which Christ promised to be with til the end of the world ( Mat. 28. 20. ) succeeded , God raised up a civil Magistracy for the protecting of the Church , propagation of the Gospel , and preservation of the Ministery : This Magistracy was visible in England before any other part of the world ; and as Rome furnished our Magistracy with a godly orthodox Christian Ministery , so not long after our Magistracy furnished Rome with a godly Magistracy , to rescue the Ministery out of the Jawes of those Heathen Dragons : Lucius about 170 years after Christ ( being a Brittish King of this Nation ) was called to be Gods Vicar ( as Elutherius Bishop of Rome terms him ) this Christian King sets up Christs Lawes and Faith in his Kingdom , pulling down Paganism , and setting up Christian Bishopricks in the room of the Pagan Flamins . About 130 years after , out of the same Royall Brittish bloud , God raised up that famous Witness for his Truth Constantine , who became the first great protecter of the Christians throughout the habitable world ; he was the first that made Rome , which for a long time had been the Devils Throne , to become Gods Throne , Rev. 12. He threw down the bloudy Dragons , the Emperours , and Rome afterward became famous in her Magistracy and Ministery for Christ , beyond all the world , untill Antichrist arose , and drove these Witnesses into the Wilderness , and made them war sackcloth ; since which rising and tyrannizing of Antichrist , there hath been a visible Magistracy and Ministery in England , as Witnesses to the Truth of Christ , though many times in great obscurity through outward persecutions : it would be here too tedious to relate what might be said of the Magistracy and Ministery of England , we will onely say thus much , that the Kings and Bishops of England testified to the Truth against the Popes Antichristian Usurpation more then others , and before any other Witnesses ; for about the time , Anno 800. when the Popes were swelled to their height , even then shall we find ( when other Kings kissed the Popes feet ) the Kings and Bishops of England opposed their Usurpation . What if I did assert this ? That the first lawfull Christian Magistracy under the Gospell arose in England , from England it went to Rome ; wherefore a little while ( half an hour ) it flourished and caused great peace in the Church ; but when Antichrist arose , he drove the lawfull Magistracy and lawfull Ministery of Rome into Sackcloth , and into the Wildernesse , that is into some remote place from Rome ; observe it , Rev. 12. 14. The Woman , that is , the Church that brought forth such a happy Son as Constantine : this Woman by Antichrist is drove into the Wildernesse ( saith the Text ) into her place ; whence I conclude that England is this Wildernesse . For first , this was the place from whence a godly Magistracy went unto Rome : and secondly , this was the place unto which the Witnesses were drove again , where I say have been visible in sackcloth since the Popes usurpation of Rome : nay , let me add this to my assertion , that the lawfull Monarch of Rome by a true Line of Succession was Charles the King of England , who was beheaded on a lofty Scaffold at noon at his own door , January 30. 1648. For if noble Sir Robert Naunron that learned Antiquary , and noble Lawyer say true in his Fragmenta Regalia , cap. 1. p. 2. whose words are these ; Remarkable it is , ( saith he ) concerning the violent desertion of the Royall house of Britains , by the invasion of the Saxons , and afterward by the conquest of the Normans , that by the vicissitude of times , and thought a discontinuance ( almost a thousand years ) the Royall Scepter should fall back into the Corrent of the old British bloud , in the person of Henry VII . together with whatsoever the German , Norman , Burgundian , Castalian and French atchievements , with the intermarriage which eight hundred years had acquired , incorporated , and brought back into the old Royall Line . Hence then I prove , if Henry VII . were the lawfull Successor of the British Kings , then he was the lawfull Successor of Constantine King of England , who conquered Rome ; and if Henry VII . be the lawfull Successor of Constantine , then those lawfully descended of Henry VII . but this lawfull Family of the Stuarts are lawfully descended of Henry VII . ergo . The Stuarts are the lawfull Successors of Constantine the Great , the first Christian Emperor of Rome : there are very many other waies which to some seem clearer , whereby to prove this truth ? If so , know ! Oh Rome , that the Lion of the North , thy lawfull Emperor and true Christian Magistrate , will suddainly arise to the utter confusion of that bloudy usurping Prelate , which by his subtill treacheries hath caused the lawfull Magistrate , the lawfull Emperor of Rome ( drove into this Wildernesse , where in sackcloth the office hath continued , having finished that prophetick testimony in the year 1648. ) to become a slain Witnesse for Christ : the other office of the Ministery lying dead ever since , but the three years and an half of their lying dead is almost expired , and then the same Offices shall arise to the eternall ruine of the Pope , and Popish Idolatry : but no more of this in this place , I hope some Antiquaries will be so truly Noble , that they will plead a distressed Kings cause , and clear this Title of his , which is doubtlesse to them an easie thing , and may procure them great renown in after Ages ; for my part I shall say no more of it in print , unlesse I am challenged , and then if no body will take up the Cudgells in the Quarrell , I am resolved , neque clipeum objicere , neque causam deserere , though indeed I have as much upon my weak arme as I am well able to beare , well able to doe I say ? I professe my selfe ( as in the undertaking , so in the defending of so great a cause as I have taken in hand ) utterly unable without the Divine hand to support me : The reason why I have discoursed so much of Monarchy is , because I am fully perswaded that the great Reformation to be wrought amongst Jewes and Gentiles , shall be wrought by Monarches , when God shall open the eyes of the Jewes , to know assured that the Lord Jesus is their true and naturall Monarch according to the flesh , and their naturall Priest , that is , by Birth-right , as Melchisedech was ; then shall they look on him whom they have pierced , and mourn over him , they shall then be converted : Now this conversion is designed in that Gospell Epistle written to the twelve Tribes , called the Epistle to the Hebrewes , As the knowledge of their true Monarch and Priest shall work wonderfull conversion amongst the Hebrews , so the knowledge of a lawfull Magistracy and a lawfull Ministery shall work a wonderfull change at the same time amongst the Gentile Churches , who are now overwhelmed with the cruell tyranny of the usurping Prelaticall power of Rome : A lawfull Monarch rising shall be the instrument of a glorious Gospel-reformation , of restoring the Witnesses , and of the overturning of the Roman Empire in its pontifick Head . Much of this opinion is that Dutch Divine in his Clavis Apocalyptica , to whom Iohn Durie the Scotch man binds himself as in a Dutch duell , where he falls to stick and snee with him ; for saith the Dutch Divine in pag. 89. A high Potentate amongst Evangelicall Professors shall arise , and be exalted , to the terror of the Papists , and shall open again a free course to the Gospell , and reestablish the exiled and oppressed Gospellers . And Iohn Durie out of the sootie region of a dark intellect , gives us this dark notion in p. 70. ( which he cals the Preface to this Dutchmans Book , intending that the Reader should put on his black spectacles to read the Dutchmans white Booke withall . ) I believe ( saith John Durie ) that we shall not have any great earthly Potentate at all ever to appear for the Lamb in this battell , but that they shall joyn alwayes against the lamb-like nature of the Saints , to oppose and destroy it . How can two be more contrary ? I must leave them , though I leave Iohn in the dark , who participates more of the man of his countrey , then of the nature of his Countrymen . There are some questions that betray ignorance , rather then discover wit , as this ; say some , How can it be said that in Henry 8. dayes when the Abbies were pulled down ; in Q. Elizabeths dayes , when the Kingdom it flourished , and Religion prospered and was countenanced ; and so in King Iames's time ; How can the Witnesses be said then to be in sackcloth ? In part we have answered to this elswhere ; but let such take this as one great part of the answer , let them read diligently the history of our Nation since Henry the sevenths time , and observe the counterworkings of the Pope against the Protestant Reformers , and they will say they were in sackcloth . I shall conclude this Preface with a short discourse of our former reformations , not so much by way of information , as premonition to him whom it concerns . The objects of every reformation have either been civill 〈◊〉 ●●clesiastick matters . A civill reformation hath respect either to the offices in the State , or to the Laws in the State : the office of State in the Head hath been unquestionable in all ages , except in times of rebellion or usurpation ; and then , not the office , but the persons in the office have been aspersed and questioned ; In all which ungodly actions , the Pope , and the Popish Clergie alwayes had a hand . Indeed the Popes have grapled with the supremacy of Kings , and usurped a supremacy in this Kingdom over the Kings in Ecclesiastick affairs , and in that respect their offices have been questioned , but the Kings of England never yeelded up their right to the Pope , but kept the supremacy of Church and State affairs in their own hands , not only since the Norman line came in , but in the time of the Saxon Kings , as appears by many of their Lawes and Charters which respect the Clergie , wherein the King , as Head of the Church , doth Ecclesiastica authoritate dispose of the Rites of the Church , and the great Offices thereto belonging , promoting some , and debarring others , whom they please , from the office of Archbishop or Bishop . This supremacy the Norman Kings kept , which was mostly the ground of this quarrell betwixt the Kings of England and the Popes ; who were the cause of the English Kings wearing Sackcloth ; for the Popes never suffered them to live quietly , but alwayes either raised their own subjects to rebell against them , or foraigne Princes to invade them ; but most commonly the Pope sets the Religious Houses against the King ; for there the Pope kept the Band-dogs to werry Royalty , when it opposed this supremacy . The insolency , strength and wealth of the Clergie caused accidentally a reformation in the Church , ( which is the proper object of a reformation ) now this must be premised before we can proceed . We must know that Lucius the first Christian King , when he erected Bishopricks , he gave estates to those Archbishops and Bishops which he placed in the Kingdom : he did but according to the light of nature in it : For the Pagan Priests had means allowed them : The three Archflamins and the twenty eight Flamins of the Pagans the King turned into so many Archbishopricks and Bishopricks : Afterwards the Saxon Kings erected many more religious Houses , Chanteries , Monasteries , Hospitalls , and to which livings were given for the maintenance of the Ministery , and relief of the poor , the giving of these livings was not the person that was sowed in the Church as some have erroniously conjectured . These Church-lands anciently were called by their right name , Appropriations , because they were appropriate to a particular Succession of Clergy-men , which were of severall Orders and Houses , each of which made a body Politique , and obtained either of the Pope or of the King , that their Successors ( suppose the Incumbents , Priors , Abbots , or Prebends ) might without institution or induction of the Ordinary be perpetuall Incumbents ▪ so that as one of them died his Successor might forthwith enter into his place : Hence they were called Appropriations . When the Clergy had appropriated these livings to themselves , they grew idle , lascivious , proud , rich , and rebellious , insomuch that the Pope for the most part , making them of his Faction , curbed the King of England in his own Dominion : whereupon Henry VIII . partly to secure himselfe from the inraged Pope , but chiefly for the profit of the Abbies and religious Houses pull'd them down , which that he might do effectually , and with much applause he ingaged the Lords and Commons against them , who envying their pride and wealth , were easily drawn to concur with the King in the same : And that they might gain a party in the Clergy , this work of pulling down Abbies was reported as the onely high way to a Reformation of Religion , ( and indeed there was a great alteration in Religion for the better ) Hereupon the Magistri novae Disciplinae , the Masters of new Discipline ( these were the Protestant Divines ) they were embraced by the King , ( just as the Presbyterians were by the Parliament , when they took away the Bishops lands ) the King made large promises , untill the Parliament had confer'd the Church-land upon him , and then the Masters of the new Discipline were as much slighted as the Presbyterians are now ; and thus appropriations become impropriations , justly so called , because they were put into improper hands ; Lay-mens hands . From this Discourse , I draw these two inferences . 1 All the Reformations , as yet , have been but sackcloth Reformations . 2 'T is a land-devouring , King destroying , God-provoking , Soul-damning sin , to be guilty of Sacriledge : Let that King then that looks for a blessing from God , make conscience of restoring that to the Church which is her due , notwithstanding long detained from her : Let no man think that I plead for my self in this , for I am no Clergy man : I must break off here abruptly , for the Printer grutcheth at my prolixity . The blessing of the eternall Trinity be upon thee ( Reader ) in reading this and the ensuing Tract , that from it thou may'st receive light and comfort in these dark and disconsolate Times . FJNJS . REader , since nothing is more common , and nothing more dangerous then Erratas , to prevent that common danger I have given thee here the Erratas , to keep thee from error : thou hast only here those in Lingua Testium , and not all those , but only the grosse ones , such as upon a swift perusall I found most grosse : I durst do no otherwise , lest the Printer should ( as those unworthy fellows that printed Manus Testium ) totally neglect the printing of the Erratas sent them , whereby the book suffers exceedingly ; as also in the leaving out of many clauses misplacing stops , Commas , and Parentheses , and crowding together distinct matter in a confused heap , with mistaking of Texts , as in p. 14. there Hebrews is put for Revel. and in f. the fourth seventeen for seven Psalmes , which seven relate the Church her great distresse , and her glorious deliverance by the mighty hand of God ; and in f. fourth Papists is put for Pa●●ias , p. 21. for this present r. the Protestant . p. 16. ex ejus r. ex ciis . for ... endatiae r. mendariae p. 17. for Sybillae fraudulentia predicet , r. sub illâ fraudulentiâ perdidet . and in p. 81. the fifth and sixth lines are confused , and severall other places which I have forgot , having not the Erratas by me . This I give thee to free my self from the censure of tolerating errors ; especially in that which so nearly concerns me . IN the Title in Proposition 7. for never read were . in the last words in the Title page , for beasts read beast . p. 5. l. 24. r. Petrus Galatianus . p. 6. l. 21. understood , r. understood so . p. 7. l. 25. 1650. r. 1650. per their account . p. 8. l. 21 beasts r. best . p. 10. l. 7. 40. r. 400. p. 16. l. 6 October r. December . betwixt p. 16. & 17. three words are left out . p. 25. penult . Pape r. people . p. 30. Rome r. powers . p. 31. eruditi r. ineruditi . p. 32. l. 6. malice r. maladies . l. 23. à symbolicis r. à symbolis . l. 32. r. who knowes not . p. 37. l. 4. raines r. ruines . l 25. worst r. most . p. 38. l. 26. from Seth the son of Adam r. from Adam . p. 42. l 3. wherefore r. where , for . l. 14. I say have r. I say they have . l. 24. thoght r. through . p. 44. l. 24. man r. name . l. 45. l. 27. this r. his . p. 46. l. 3. person r. poyson . betwixt p. 40. & 41. two or three words are omitted . Notes, typically marginal, from the original text Notes for div A86683e-840 Isay 58. 8. Dan. 7. 25. a D. 7. 25. b D. 11. 38 c Rev. 11. 9 d Da. 7. 8. 9 e R. 19. 10. 20. f R. 13. 13. 14. g Re. 17. 7. h Za. 14. 4. 7 Da. 11. 45. A57360 ---- The cabinet-council containing the cheif [sic] arts of empire and mysteries of state : discabineted in political and polemical aphorisms grounded on authority, and experience : and illustrated with the choicest examples and historical observations / by the ever-renowned knight, Sir Walter Raleigh ; published by John Milton, Esq. Cabinet-council Raleigh, Walter, Sir, 1552?-1618. This text is an enriched version of the TCP digital transcription A57360 of text R8392 in the English Short Title Catalog (Wing R156). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 262 KB of XML-encoded text transcribed from 105 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A57360 Wing R156 ESTC R8392 12381382 ocm 12381382 60768 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A57360) Transcribed from: (Early English Books Online ; image set 60768) Images scanned from microfilm: (Early English books, 1641-1700 ; 224:20) The cabinet-council containing the cheif [sic] arts of empire and mysteries of state : discabineted in political and polemical aphorisms grounded on authority, and experience : and illustrated with the choicest examples and historical observations / by the ever-renowned knight, Sir Walter Raleigh ; published by John Milton, Esq. Cabinet-council Raleigh, Walter, Sir, 1552?-1618. Milton, John, 1608-1674. [9], 199 p. : port. Printed by Tho. Newcomb for Tho. Johnson ..., London : 1658. First ed., with "To the reader" signed: John Milton. Cf. NUC pre-1956. Published in 1661 as: Aphorisms of state, grounded on authority and experience; in 1692 as: The arts of empire, and mysteries of state discabineted; in 1697 as: The secrets of government, and misteries of state. For other issues under different titles see: Brushfield, T.N. Bibliography of Sir Walter Raleigh, 1908, [no.] 268. Reproduction of original in Yale University Library. eng Political science -- Early works to 1800. Monarchy -- Early works to 1800. A57360 R8392 (Wing R156). civilwar no The cabinet-council: containing the cheif [sic] arts of empire, and mysteries of state; discabineted in political and polemical aphorisms, g Raleigh, Walter, Sir 1658 44499 652 0 0 0 0 0 147 F The rate of 147 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2005-10 TCP Assigned for keying and markup 2005-11 Apex CoVantage Keyed and coded from ProQuest page images 2006-01 Emma (Leeson) Huber Sampled and proofread 2006-01 Emma (Leeson) Huber Text and markup reviewed and edited 2006-04 pfs Batch review (QC) and XML conversion Tam Marti , Quam Mercurio . The true and lively Portraiture of the Hoble. and learned Knight Sr. Walter Ralegh . Ro : Vaughan sculp : The Cabinet-Council : Containing the Cheif ARTS OF EMPIRE , And MYSTERIES of STATE ; DISCABINETED In Political and Polemical Aphorisms , grounded on Authority , and Experience ; And illustrated with the choicest Examples and Historical Observations . By the Ever-renowned Knight , Sir WALTER RALEIGH , Published By JOHN MILTON , Esq ; Quis Martem tunicâ tectum Adamantinâ dignè scripserit ? London , Printed by Tho. Newcomb for Tho. Johnson at the sign of the Key in St. Pauls Churchyard , near the West-end . 1658. To the READER . HAving had the Manuscript of this Treatise , Written by Sir Walter Raleigh , many years in my hands , and finding it lately by chance among other Books and Papers , upon reading thereof , I thought it a kinde of injury to withhold longer the work of so eminent an Author from the Publick ; it being both answerable in Stile to other Works of his already Extant , as far as the subject would permit , and given me for a true Copy by a Learned Man at his Death , who had Collected several such peices . John Milton . THE Principal Contents . CHAP. I. THe Definition and Division of Publick Weals and Soveraign States , according to their several Species or Kindes . Pag. 1. Chap. 2. Of Soveraign or Monarchick Government , with its essential Marks , and specifical Differences . Pag. 2. Chap. 3. Of Monarchies Seigniorile , exemplified in the Turkish and West-Indian Empire . Pag. 5. Chap. 4. Of Monarchies Royal , with the Means to maintain them . Pag. 7. Chap. 5. Of Monarchies Tyrannical . Pag. 9. Chap. 6. Of new-found Monarchies and Principalities , with the Means to perpetuate them . Pag. 10. Chap. 7. Of Councils and Counsellors in general . Pag. 14. Chap. 8. Of Councils in some particular Monarchies , Aristocraties and Democraties . Pag. 15. Chap. 9. Of Officers and Commissioners with their respective Distinctions . Pag. 17. Chap. 10. Of Magistrates , their Qualifications and Elections . Pag. 18. Chap. 11. Observations intrinsically concerning every Publick State in Points of Justice , Treasure , and War . P. 20. Chap. 12. Extrinsick Observations , shewing how to deal with Neighbor Princes and Provinces respectively , how to prevent their Designs , and decypher their Intendments . Pag. 24. Chap. 13. Observations confirmed by Authorities of Princes and Principalities , charactering an excellent Prince or Governor . Pag. 28. Chap. 14. Of the Princes intimate Counsellors and Ministers of State , with their several Requisites . Pag. 32. Chap. 15. The Art of Ruling , or Mystery of Regiment . Pag. 38. Chap. 16. Of Princely Authority ; wherein it consists , and how far to be extended and delegated . Pag. 40. Chap. 17. Of Power and Force ; and how to be raised and maintained . P. 42. Chap. 18. Of Conspiracy and Treason ; with the causes and ways of prevention or discovery . Pag. 44. Chap. 19. Of Publick Hate and Contempt , with the occasions and means to redress and avoid it . Pag. 47. Chap. 20. Of Diffidence and Dissimulation in the mannage of State Affairs . Pag. 54. Chap. 21. Of War Defensive and Invasive ; with Instructions touching Laws of Arms , Soldiers , and Military Discipline . Pag. 56. Chap. 22. Of Generals and Commanders , and their requisite Abilities in Martial enterprises and expeditions . Pag. 67. Chap. 23. Of Councils in War , and Directions Tactick and Stratagematick ; with advice how to make an honorable Peace . Pag. 71. Chap. 24. Of Civil War , with the Causes and Remedies thereof . Pag. 80. Chap. 25. A Collection of Political Observations ( confirmed by Reason and Experience ) advertising Princes , Statesmen , and private persons how to demean themselves in all Fortunes and Events . Pag. 88. Chap. 26. Maximes of State , or Prudential Grounds and Polemical Precepts , concerning all Estates , and forms of Policy in times of Peace or War , &c. confirmed by select Narrations , and Historical Parallels . Pag. 153. THE Cabinet Council : Containing the chief Arts of EMPIRE , AND Mysteries of State . CHAP. I. The Definition and Division of Publick Weales and Soveraign States , according to their several species or kinds . A Common-wealth is a certain Soveraign Government of many Families , with those things that are common among them . All Common-wealths are either Monarchies , Aristocraties , Democraties . A Monarchie is that State where the Soveraignty resteth in the person of one only Prince . An Aristocratie , is where some small part of the people have in the● as a body corporate , the Soveraignty and supream power of the whole State . A Democrati● , is where all the people have Power and Authority Soveraign . So doth it appear , that the place and person where the Soveraigntie resteth , doth cause the State to be either a Monarchie , an Aristocratie , or Popular Government . CHAP. II. Of Soveraign or Monarchick Government , with its Essential markes , and Specifical differences . SOveraigntie is an absolute and perpetual power in every publike State and he is properly and only a Soveraign , that acknowledgeth no Superior or Equal , nor holdeth of any other Prince , person or power , but God and his own sword . The First mark of Soveraigntie is absolute Power and Authority to command all Subjects in general , and every of them in particular , without consent of any other person or persons , either greater or inferior to himself . The Second mark of Majesty is Authority to make War , and conclude Peace at his pleasure . The Third is Power to bestow all Honors and cheif Offices at his pleasure . The Fourth marke of Soveraigntie is Appellation . The Fifth mark and last , is power to pardon all Subjects by rigor of Law or otherwise condemned in Life , Lands , Goods , or Honors . These Powers are not to be imparted to any Officer , Deputy or other Magistrate , but in the Princes absence , and for some urgent occasion . Monarchies are of three sorts Signioril , Royal , Tyrannical . The Diver●●tie of Monarchies doth no● proceed from the Nature of the State , but the diverse proceedings of those Princes that governe ; for great difference there may be between the nature of the Common wealth and the Government thereof . That Prince that giveth the Magistracies , Honors and Offices without respect of Nobility , Riches or Vertue , may be said to governe popularly . And that Monarchy may be said to b● governed Aristocratically , when the Monarch imparteth the principal Honors and Offices to the Noble and Rich men only . The same difference there is to be found in States Aristocratical and Popular : for the one and the other may be both Signioril , or Tyrannical . A Monarch Signioril is he who by force of Arms and just War , is made owner of mens bodies and goods , and governeth them as a Master of a Familie governeth base Servants and Slaves . A Monarch Royal , is he whose Subjects are obedient unto his Laws , and the Monarch himself obeyeth the Lawes of God and Nature , suffering every Subject to enjoy liberty natural , with property in Lands and Goods , governing as a Father governeth his Children . A Monarch Tyrannical , is he who without regard to the Law of God or Nature , commandeth Free-men as Slaves , and useth their Lands and Goods as his own . CHAP. III. Of Monarchie Signioril , Exemplified in the Turkish and West-Indian Empire . ALL people subject to Princes , are governed as Free-men by their Prince and certain other particular Lords of Lands and Liberties ; who not by the Princes Commission but by antient Lawes or Custom have Inheritance and Tenements ; or else they are by one Prince and his Ministers commanded , which Ministers have not by Law , or Ordinance , any Authority or Interest of themselves , but being like to the people ( base men and slaves ) they command only by Commission in the Princes name ; and the Authority of those Ministers doth cease at the Princes pleasure , so that the people doe not acknowledg any superior but the Prince● nor owe any service to other mean Lords : So as all the people stand without propertie in Lands or Goods ; for example , the Empire of Turky and the West Indies . The Provinces of this Monarchie are allotted to sundrie Magistrates or Ministers , and they altered and removed at the Princes pleasure ; but it is otherwise in a Monarchie Royal , because the Monarch is there accompanied with many mean Lords● And albeit those mean Lords are Subjects unto the Prince , yet have they particular Tenants who may not without just cause be dispossessed by the Prince ; and those people having had dependency of their Lords and their Ancestors , do ever beare unto them a certain naturall love and dutifull respect : who so therefore compareth these Principalities , shall perceive , that to Conquer a State Signioril there is great difficultie ; but being conquered , it may easily be maintained for the difficultie to conquer such a State , proceedeth from the lack of mean Lords to call in and assist the Prince that doth invade : who therefore desireth to subdue a Nation thus governed , must of force assault , all the people , and rather trust in his own strength then the aide of the Country . But if he can prevaile , then one only feare remaineth , which is the Princes posteritie , which necessarily must be extinguished , because the Princes race only hath interest both in the People and Soldiers . But to enter a Monarchy Royal , is an enterprise of no great difficulty , when he that doth enter , hath the friendship and aide of some mean Lords to take his part , and prepar the place where he is to arrive . CHAP. IIII. Of Monarchies Royal , with the means to maintaine them . MOnarchies Royal , are for the most part antient and hereditary , and consequently easie to be governed . For it is sufficient for the Prince to maintain the old Laws , ●and on occasion temporize with those accidents that happen● such a State cannot be taken from the Prince without excessive force ; and if it be , it shall be soon recovered . Example , England and France . But if a Monarchie newly conquered , be annexed unto an old , and not properly antient , then is it with much more difficulty maintained . First , for that men naturally inclined to variation are easily induced ●o take arms against him that newly governeth . Secondly , every new Prince is forced to exact aswell upon those Subjects that joyned with him as those that did resist him , and therefore shall offend both . Example , Ireland annexed to the Crown of England : Sicilia and Naples to Spain● . The means to maintain such a Monarchie ; is● First to extinguish the race of him that was anciently Prince . Secondly , to continue all Lawes and Customes in the former force ; for so shall the Subject find nothing altered but the Prince , and therefore will soon rest contented : and the rather if that new Monarchie and the antient dominion of the Prince be of one Language : But if the people be of a contrary Language and humor , then to hold it , there needeth great industrie and fortune : in that case the best way is that the Prince should inhabit there , as well to incounter all inconveniences proceeding from the Subject , as to preserve the people from oppression of his own Ministers . Another way is to send thither certain Colonies , and plant them in fit places , or else to settle some garisons both of horse and foot ; but Colonies are less chargeable to the Prince : As for the people inhabitant ( who must necessarily remove , they being a small number and dispossessed ) they cannot have power to offend : for in that case , this Rule or Maxime shall be found true , that men must be either kindly intreated● or with all extremity oppressed ; because of light injuries they may be revenged , but of utter oppre●●ion they cannot . A Third way to hold a conquered dominion , is , to cherish and defend the neighbors of little power , and oppress or keep under those that are most potent ; and above all to take order that no forraign Prince or power doe enter ; for it is ever to be looked for , that so many of the nation as are discontented , either for ambition or feare , will be ever readie to bring in strangers ; and to conclude this matter of Principalitie annexed , I say it behoveth every Prince possessed of such a State , never to increase the power of any potent neighbor , never to oppress those that are of small power , never , to permit any forraign potentate to enter , but ever to plant Colonies and Garisons , or else to make that dominion his cheif habitation . CHAP. V. Of Monarchies Tyrannical . TYrannical Princes are not advanced by favor , neither doe they trust unto Fortune , but by degrees of Warr , or else by some other indirect meanes do aspire unto greatness ; and therein do maintain themselves by all wayes either honest or dishonest , without respect of Justice , Conscience or Law either of Nations or Nature : A Prince by such impious means aspired , and desiring to hold that he hath gained , will take order that the Cruelties he committeth may be done roundly , suddenly , and as it were at an instant ; For if they be exe●nted at leasure and by piece-meale , then will the Princes fears continue long , and the terror in Subjects take deeper impression , whose nature is such that either they must be bound by benefits , or by cruelty made sure from offending ; Example , Dionysius and Agathocles . CHAP. VI . Of new found Monarchies and Principalities , with the means to perpetuate them . SOme other Princes there are that from private Estate have aspired to Soveraignty not by unnatural or impious proceedings as the former , but by vertue and fortune , and being aspired have found no great difficulty to be maintained ; for such a Prince having no other dominion , is forced to settle himself where he is become a Prince ; But here is to be noted that albeit such a man be vertuous , yet wanting fortune , his vertue proveth to small purpose , and fortune without vertue doth seldome work any great effect . Howsoever it be , a Prince being aspired , both by the aide of the one and of the other , shall notwithstanding find some difficulty to hold what he hath gotten : because he is forced to introduce new Lawes and new Orders of government differing from the old , aswell for his own security , as confirmation of the Government : for avoiding of which dangers he is to consider whether he be of himself able to compell his Subjects to obey , or must pray in aide of others ; If he can doe the first , he needeth not doubt ; but being driven to the other , his greatness cannot long continue● for albeit a matter of no difficultie it is to perswade a people , yet to make them constant , is a work well neer impossible . Example , Thes●us , Cyrus , Romulus . The Second sort of new Princes are such as be aspired by favor or corruption , or by the vertue or greatness of fortune or friends : A Prince by any or all these means advanced , and desirous to hold his Estate● must indeavor by his own vertue to maintain himself without depending upon any other : which may be done by this means ; First ; to assure all enemies from offending . Secondly , to win the love and friendship of so many neighbours as possibly he may . Thirdly to compass all designes tending to his honor or profit , and bring them to pas● either by fraud or force : Fourthly , to make himself honoured and followed of Captains and Soldiers . Fifthly , to oppress all those that would or can offend . Sixthly to be obsequious & liberal to frinds , magnanimous & terrible to Foes . Seventhly , to c●sse all old and unfaithfull bands and entertain new . Eighthly , to hold such Amitie with Kings and Princes , as they ought reasonablie to favor him● or else they would offend ; easily they cannot● Example , Giovannie , Torrigiani , Caesar Borgi● . The Third and last meanes whereby private persons doe aspire to Principalities , is not force and violence● but meer good-will and favor of men . The cause or occasion thereof , is only vertue , or fortune , or at least a certain fortunate craft and wittiness ; because he aspireth either by favor of the People , or by favor of the Nobilitie ; for these contrary humors are in all Common wealths to be found . And the reason thereof is , that the great men do ever endeavor to oppress the people , and the people do labor not to be oppressed by them . Of these divers appetites one of these three ef●ects doe proceed , viz. Principalitie , ●iberty , or Licencious life . Principality may come either by love of the multitude , or of the great men : for when any of these factions do find it self oppressed , then do they soon consent to make one a Prince , hoping by his vertue and valor to be defended . Example , Francesco Sforz● , Alessandro de Medici . A Prince in this ●ort aspired , to maintain his Estate , must first consider well by which of these factions aforesaid he is advanced : for if by favor of great men he be aspired , then must he meet with many difficulties ; for having about him divers persons of great qualitie , and such as were but lately his equals , hardly shall he command them in such sort as it behoveth ; But if the Prince be advanced by the people● few or none shall hardly disobey him . So it appeareth that a Prince made by the multitude is much more secure then he whom the Nobilitie preferreth : for common people doe not desire to enjoy more then their own , and to be defended from oppression ; but great men doe studie not only to hold their own , but also to command and insult upon inferiors . Note that all Monarchies are P●incipalities , But all Principalities are not Monarchies . CHAP. VII . Of Councils , and Counsellors in general . A Senate or Council is a certain lawful assembly of Counsellors to give advice to him or them that have in the comon Weale Power Soveraign . A Counsellor is called in the Latine Senator ; which word signifieth in effect an old man : The Grecians and Romans also most commonly composed the●● Councils of ancient and expert persons ; for if they or the greater part of them had bin young men , then might the Council have more properly bin called a Juvenate then a Senate . The chief and most necessary note required in a Counsellor is to have no dependance of any other Prince or Common-weale ; either Oath , Homage , Natural obligation , Pention , or reward : In this point the Venetians have bin ever most precise , and for that reason , doe not admit any Cardinal or other Clergieman to be either of or at their Councils , therefore when the Venetian Sena●e is assembled , the Usher being ready to shut the dore cryeth aloud , Fuora Preti , Depart Priest . ] Note also that in every state of what quality soever , a secret or Cabinet-Council is mainly necessary . CHAP. VIII . Of Councils in some particular Monarchies , Aristocraties , and Democraties . THe King of Spaine , for the government of his Dominions hath seven Councils ( viz ) the Council of the Indies , the Council of Spaine , the Council of Italy and the Low Countries , the Council of War , the Council of Orders , the Council of Inquisition , and the Council Royal. In France are three Councils ( viz ) the Council Privy , the Council of Judges , which they call Presidents et Conc●liers de Parlament , and the great Council which they call assemblei d● troys estates . Of Councils in Aristocraties . In V●nice beside the Senate and great Council are four Councils ( viz ) the Sages of the Sea , the Sages of the Land , the Co●ncil of Tenn , the three presidents of Quarantia , and the Senate : All which Councils do amount to 120 persons , with the Magistrates . The great Council of Ragusa consisteth of 60 persons , and hath another privie Council of 12. Of Councils in Democraties . Genoua hath 3 Councils● the great Council of 200 , the Senate which consisteth of 60 , and the privie Council which hath 26 Counsellors : so it doth appear that in all Commonwealths , be they Monarchies , Aristocracies , or Popular States , The Council-privie is most necessarie and often used ; Also this difference is to be noted between the Councils in Monarchies , and the Councils in Aristocracies and States Popular ; that is to say , that all deliberations ●it ●o be published , are in a Monarchie consulted and resolved upon in the Council privie , and after ratified by Common Council ; But in Optimacies or popular government the Custom is contrary . Here also is to be noted that albeit the use an● Authorit● of ever● Senate and Privie Councel is most needful , yet hath it no Authority to command but in the name of those in whom the Soveraignty resteth ; for if Councellors had power to command absolutely , then should they be Soveraigns , and consequently all execution at their pleasure ; which may not be without detracting from Majestie , which is a thing so soveraign and sacred , as no Citizen or Subject of what quality soever , may touch or approach thereunto . CHAP. IX . Of Officers and Commissioners with their respective Distinctions . AN Officer is a person publick , that hath charge ordinary and limited by Law . A Commissioner is also a person publick● but his charge is extraordinary and limited by Commission . Officers are of two ●orts , and so be Commissioners ; the one hath power to command , and are called Magistrates ; the other hath authority to execute : so the one and the other are persons publick : yet are not all publick persons either Officers or Commissioners . Commissioners are ordained to govern in Provinces● in Warr , in Justice , in disposing the Treasure , or some other Function concerning the State ; but all Commissions do spring and proceed from the Soveraign , Magistrates , and Commissioners . And here is to be noted that every Commission ceaseth if he that granted the Commission doth dye , or revoke it , or if the Commissioners during his Commission shall aspire to Office and Authority equall to his that made it . CHAP. X. Of Magistrates , their Qualifications and Elections . A Magistrate is an Officer having power to command in the State ; and albeit that every Magistrate be an Officer , yet every Officer is not a Magistrate , but they only that have power to command . Also in making of Officers and Magistrates in every Commonweale , three things are specially to be observed ( viz ) who doth make them , what men they are that should be made , and the forme and manner how they are made . The first appertaineth to him or them in whom the Soveraigntie resteth ; the second also belongeth to Majestie ; yet therein the Laws are commonly followed , especially in Aristocracies and States popular ; In the one the Magistrates are chosen out of the most wealthy or most noble : In the other , elected out of the whole multitude . The forme and manner of choosing Magistrates in Aristocracies and States Popular , is either by election , by lot , or by both , and their Office is to compel those that doe not obey what Soveraigntie commandeth : for all force of Commandment lyeth in compulsion . Commandment likewise is of two sorts : the one may be called Soveraign and absolute , above Lawes , above Magistrates , and above people . In Monarchies such command is proper to the Prince only ; in Aristocracies it resteth in the Nobility : and in Democracies the people have that power . The second Commandments are Subject both to Soveraignty and Law . Here is to be noted that every Magistrate may recall his own Commandement , and forbid what he did Command , yet cannot revoke that which he hath Judged . * Also in presence of the Soveraign , all Authority of Magistrates ceaseth ; and in presence of great Magistrates the inferior have no power ; and Magistrates equall cannot doe any thing but by consent , if his Colleagues or fellow-Magistrates be present . CHAP. XI . Observations intrinsically concerning every publick State in points of Justice , Treasure , and Warr . THe First concern matter Intrinsick . The Second touch matter Extrinsick . Matters Intrinsick are three . The Administration of Justice . The Mannaging of the Treasure . The disposing of things appertaining to War . Matters Extrinsick are also three . The skill how to deale with neighbours . The diligence to vent their designes● The way how to win so much confidence with some of them , as to be made partaker of whatsoever they mean to enterprise . Touching Administratio● of Justice . The good and direct Administration of Justice , is in all places a Principal part of government ; for seldome or never shall we see any people discontented and desirous of alteration , where Justice is equally administred without respect of persons ; and in every State this consideration is required , but most of all in Countries that doe front upon other Princes , or were lately conquered : Hereunto the Princes vigilancy and the Magistrates uprightness are especially required ; for oftentimes the Prince is deceived , and the Magistrates corrupted ; it behoveth also the Prince to maintain the Judges and Ministers of Justice in their reputation , and yet to have a vigilant eye upon their proceedings , and the rather if their Authority doe include equity , and from their censure be no appeale ; and if their Office be during life , and they are men born and dwelling in the same Country ; all these things are duly to be considered of the Prince ; for as to call the Judges into q●estion , is as it were to disgrace the Judicial seate ; so to wink at their corruptions were matter of just discontent to the Subject ; in this case therefore the Prince cannot doe more then by his wisdom to make choise of good men ; and being chosen , to hold them in good reputation so as the ordinary course of Justice may proceed ; for otherwise great disorder , contempt , and general confusion will ensue thereof . Secondly he is to keep his eye open upon their proceedings ; and Lastly to reserve unto himself a supream power of Appellation . Touching the Treasure . The want of money is in all States very perilous , and most of all in those which are of least strength , and doe confine upon Nations with whom they have commonly War , or unassured peace , but most perilous of all to those Governments which are remote from the Prince , or place where they are to be relieved . The means to leavie Treasure are four . First , the Customs and Impositions upon all sorts of Merchandize and Traffique is to be looked unto and advanced . Secondly , the excessive eating of usury must be suppressed . Thirdly , all super●luous charges and expences are to be taken away . Lastly , the doings and accounts of Ministers are severally to be examined . Touching the matter of Custom and Impost , thereof assuredly a great profit is in every State to be raised ; chiefly where Peace hath long continued , and where the Country affordeth much plenty of Commodities to be carried out , and where ports are to receive shipping . The moderating of Interest is ever necessary , and chiefly in this age , by reason that money aboundeth in Europe ; since the Trafficke into the Indies ; for such men as have money in their hands great plenty , would in no wise imploy the same in Merchandize , if lawful it were to receive the utmost usury , being a course of most profit and greatest security . The taking away of superfluous expences is no other thing then a certain wise and laudable parsimony ; which the Romans and other well governed States did use . These expences consist in Fees , Allowances , and Wages granted to Ministers of little or no necessity ; also in Pensions , Rewards , Entertainmens and Donaries , with small difficultie to be moderated , or easily to be suppressed . * By abridging or taking away of these needless expences a marvelous profit will be saved for the Prince ; but if he continue them , and by imposing upon the people doe think to increase his Treasure or Revenew , besides the loss of their love , he may also hazzard their obedience , with many other inconveniences . Touching Warr . Whatsoever Prince or Common weale is Neighbor to any people which can , will , or were wont to offend , it is necessary to have not only all things prepared for defence of his Person and Country , but also to forecast and use every caution and other diligence : for the inconveniencies which happen to government , are suddain and unlookt for ; yea the providence and provision required in this case ought to be such as the expences all other waies imployed must stay to supply the necessity of war . CHAP. XII . Extrinsick observation , shewing how to deale with Neighbor Princes and Provinces respectively , how to prevent their designes , and decypher their intendments . THis first point of matter extrinsick is of such quality as being well handled procureth great good , but otherwise becometh dangerous ; for the proceeding must be diverse according to the diversitie of the ends which the Prince or Governor intendeth ; for if he desire to continue peace with his Neighbors , one way is to be taken ; but otherwise ●e is to work that seeketh occasion to break , and to become an Enemy to one or more of his Neighbors . If he do desire to live peaceably with all , then he is to observe these Rules ( viz. ) First , to hold and continue firmly all contracts and capitulations Secondly , to shew himself resolved neither to offer nor take the least touch of wrong or injury . Thirdly , with all care and favor to further Commerce and reciproke traffick for the profit of the Subject , and increase of the Princes Revenue . Fourthly , covertly to win so great confidence with Neighbors , as in all actions of unkindness among them he may be made Umpire . Fifthly , to become so well bele●ved with them as he may remove such diffidences as grow to his own disadvantage . Sixthly , not to deny protection or aid to them that are the weakest , and cheifly such as do and will endure his fortune . Lastly , in Favouring , Aiding , and Protecting ( unless necessity shall otherwise s● require ) to do it moderately , so as they who are to be aided , become not Jealous , and consequently seek Adherency elswhere , which ofttimes hath opened way to other Neighbors that desire a like ●ccasion . How to prevent their designes . This Point in time of War is with great diligence to be looked unto ; also in time of Peace to prevent all occasions that may kindle Warr is behoveful ; for to foresee what may happen to the prejudice of a Prin●●s Profit or Reputation , is a part of great Wisdom . The means to attain the Intelligence of these things are two . The First is by Friends , the next by Espials ; the one for the most part faithfull , the other not so assured These matters are well to be considered● for albeit the nature of man desireth nothing more then curiously to know the doings of others , yet are those things to be handled with so great secrecy and dissimulation as the Princes intent be not in any wise suspected , nor the Ministers made odious ; for these sometimes to win themselves reputation , do devise causes of difference where no need is , divining of things future which prove to the prejudice of their own Prince . To win Confidence with Neighbours . This is chiefly attained unto by being Loved and Honored ; for these things do work so many good effects , as daily experience sufficeth without any express Example to prove them of great force . The waies to win Love and Trust , is in all Actions to proceed Justly , and sometimes to wink at Wrongs , or set aside unnecessary revenges ; and if any thing be done not justifiable , or unfit to be allowed , as oftentimes it happneth , there to lay the blame upon the Minister , which must be performed with so great show of revenge and dissimulation by reproving and punishing the Minister , as the Princes offended may be satisfied , and beleive that the cause of unkindness proceeded from thence . Now only it resteth that somewhat should be said touching Provision , to the end the people may not be drawn into despaire by Famine or extream Dearth of Victual , and chiefly for want of Corne , which is one Principal Consideration to be regarded , according to the Italian Proverb , Pane in Piazza , Giustitia in Palazzo , siverezza per tutto : whereunto I could wish every Prince or Supream Governor to be thus qualified ( viz. ) Facile de audienza : non facil●de credenz● , desi●s● de spedition , essemplare in costunii proprii , & inquei de sua casa tale chevorra governare , e non e●●er governato da altr● ; ●e della raggione . CHAP. XIII . Observations confirmed by Authorities of Princes and Principalities , Charactering an excellent Prince or Governor . EVery good and lawful principality is either elective or successive : Of them , election seemeth the more ancient ; but succession in divers respects the better ; Minore discrimine sumitur Princeps quam qu●eritur . Tac. The chief and only endeavor of every good Prince , ought to be the commodity and security of the Subjects ; as contrarywise the Tyrant seeketh his own private profit with the oppression of his people . Civium non servitus sed tutela tradita est . Sal. To the perfection of every good Prince , two things are necessarily required ( viz ) Prudence and Vertue ; the one to direct his doings , the other to governe his life●Rex eris●●i recte feceris . Hor. The second care which appertaineth to a good Prince , is to make his Subjects like unto himself ; for thereby he is not only honored , but they also the better governed ; Facile imperium in bonos . Plaut. Subjects are made good by two meanes ( viz ) by constraint of law , and the Princes example ; for in all estates , the people do imitate those conditions whereunto they see the Prince enclined ; Quiquid faciunt principes , pr●ecipere videantur . Quintil. All vertues be required in a Prince , but justice and clemencie are most necessary ; for justice is a habit of doing things Justly , as well to himself as others , and giving to every one so much as to him appertaineth ; This is that vertue that preserveth concord among men , and whereof they be called good : ●us & ●equitas vincula civitatum : Cic. * It is the quality of this vertue also to proceed equally and temperately ; it informeth the Prince not to surcharge the Subjects with infinite laws ; for thereof proceedeth the impoverishment of the Subjects and the inriching of Lawyers , a kind ●f men which in ages more antient , did seem of no necessity : Sine causidicis satis ●oelices olim fuer● futur●eque sunt urbes . Sal. The next vertue required in Princes is Clemency , being an inclination of the mind to lenity and compassion , yet tempered with severity and judgment ; this quality is fit for all great personages , but chiefly Princes , because their occasion to use it is most ; by it also the love of men is gained ; Qui vult regnare , languida regnet manu . Sen. After Clemency , Fidelity is expected in all good Princes , which is a certain performance and observation of word and promise ; this vertue seemeth to accompany Justice , or is as it were the same , and therefore most fit for Princes : Sanctissimum generis humani ●onum . Liv. As Fidelity followeth Justice , so doth Modesty accompany Clemency ; Modesty is a temperature of reason , whereby the mind of man is so governed● as neither in action or opinion he over-deemeth of himself , or any thing that is his ; a qualitie not common in fortunate folk ; and most rare in Princes . Super●ia commune nobilitatis malum . Sal. This vertue doth also moderate all external demonstration of Insolence , Pride , and Arrogance , and therefore necessary to be ●nown of Princes , and all others whom ●avor or Fortune have advanced : Impone ●oelicitati t●●e fr●enos , facilius illam reges . Curt. But as Princes are to observe the bounds of Modesty , so may they not forget the the Majesty appertaining to their supream ●onor , being a certain reverend greatness due to princely vertue and royal State ; A grace and gravity no lesse beseeming a ●rince then vertue it self ; for neither overmuch familiarity , nor too great austeritie ●ought to be used by Princes : Facilitas ●ntoritatem , severitas amorem minuit . Tac. To these vertues we may apply Liberality , which doth not only adorn , but highly advance the honor due to Princes ; there●y also the good will of men is gained ; for nothing is more fitting a Princes nature then Bounty , the same being accompanied with judgment , and performed according to the laws of liberality ; Perdere multi sci●nt , donare nesciunt . Tac. It seemeth also that Prudence is not only fit , but also among other vertues necessary in a Prince ; for the daily use thereof is in all humane actions required , and chiefly in matters of State and Government . Prudentia imperantis propria et unica virtus . Arist. The success of all wordly proceeding● doth shew that prudence hath compassed the prosperous event of humane actions , more then force of arms or other power●Mens una sapiens plurium vincit manus . Eurip. Prudence is either natural , or received from others ; for who so can counsel himself what is fit to be done , needeth not the advice of others ; But they that want such perfection , and are nevertheless capable , and are willing to know what others informe , ought to be accompted wise enough : Laudatissimus est qui cuncta vid●bit , sed laudandus est is qui paret rectè monenti . Hesiod . CHAP. XIIII . Of the Princes intimate Counsellors and Ministers of State , with their several Requisites . ALbeit the excellent spirit of some Princes be such as doth justly deserve the highest ●ommendation ; yet for that every course of life needeth the aid of men , and the mind of one cannot comprehend the infinite care appertaining to publick affairs ; it behooveth Princes to be assisted : Magna negocia , adjutoribus egent . Tac. These assistants may be properly divided into Counsellors and Ministers ; the one to advise , the other to execute : without Counsel , no Kingdom , no State , no private house can stand ; for , experience hath proved that Common weals have prospered so long as good counsell did governe , but when favor , fear , or voluptuosness entred , those nations became disordered ; and in the end subject to slavery : Quiddam sacrum profecto est consultatio . Plato . Counsellors are men specially selected to give advice to Princes or Commonwealths , as well in peace as in war : the chief qualities required in such men , are Fidelity and Knowledg ; which two concurring do make them both good and wise , and consequen●●y fit for Counsel ; Prudentis proprium m●nus rectè con●ulere . Arist. The election of Counsellors is and ought to be chiefly among men of long experience , and grave years ; for as youth is fittest for action in respect of corporal strength ; so elder folk having felt the force of every fortune , and observed the course of worldly proceedings do seem most meet for consultation : Consilia senum , facta juvenum . Pla●● . Albeit we say that the excellency of wisdom should be in Counsellors ; yet do we not require so quick and fiery a conceipt as is more apt for innovation then orderly government . Hebet ●ores quàm acutiores meliùs Remp. a●ministrant . Thucyd. To Fidelity and Experience we wish that our Councellors should be endued with Piety , Liberty , Constancy , Modesty , and Silence ; for as the aid and assistance of God is that which governeth all good counsels , so liberty of speech and magnanimus uttering of what is good and fit , is necessary in Counsellors . Likewise to be constant and not to varie in opinion , either for feare or favor , is very commendable : Also as modesty in giving Counsel escheweth all offences , and gaineth good will ; so secrecy is the best and most secure meanes to govern all publick affairs : Res magnae sustineri non possunt ab ●o qui tacere nequit . Curt. The first obstacle to good Counsel is ●ertinacy or Opiniativeness , a condition far unfit for Counsellors ; yet some men are so far in love with their own Opiniastre conceipts as that they cannot patiently endure opposition . Secondly , Discord must from Counsellors be removed , because private offence many times impeacheth publick proceedings . Thirdly affection is an enemy to counsel , the same being commonly accompanied with anger , wherewith nothing can be rightly or considerately done . Lastly Avarice seemeth a vice worthy to be abhorred of all Counsellors because it driveth away both Fidelity and Honesty , the principall pillars of all good counsell : Pessimum veri affectus et judicii venenum● utilitas . Tac. To good Counsell other impediments there are , which square not with wisdom ; for all crafty and hazarding Counsells do seem in the beginning likely to succeed ; but afterwards and chiefly in the end do prove hard and of evil event . It therefore seemeth behovefull to be wary in resolving , and bold in executing : Animus vereri qui scit , scit tutò aggredi . Pub. An other let to good consultation is immoderate desire , which every wise man must endeavor to restrain . Cupiditate pauca rectè fiunt , circumspectione plurima : Thucyd. Thirdly haste , is an Enemy to good deliberation ; for whoso greedily desireth any thing , proceedeth rashly ; and rash proceeding endeth ever in repentance . Scelera impetu , bona consilia morâ vales●unt . Tac. Of Ministers of State . Having already spoken of Counsellors , somwhat is to be spoken of Ministers ; I mean those that either publickly or privately serve the Prince in any function ; in choice of which men , care must be had , First that they be person honestly born ; for no man descended of base parentage may be admitted , unless in him be found some noble and excellent vertue ; Optimus quisque Nobilismus . Plato . Secondly , they ought to be of honest condition , and of good ●ame ; for that common-weal is better and more secure , where the Prince is not good , then is that where his Ministers are evill . It seemeth therefore that Ministers should be men of good quality and blamelesse . Emitur sola virtute p●testas . Claud. Thirdly , consideration is to be had of their Capacity and fitness for that Function wherein they are to be used ; for as some men are apt for learning , so others are naturally disposed to arms . Also it is necessary that every one square with the office whereuntoh e is appointed , in which matter some Princes have used great caution ; for as they little liked of men excellent , so they utterly detested the vitious ; the one they doubted to trust in regard of themselves , the other were thought a publick indignity to the State . VVise men have therefore resolved that those witts which are neither over haughty and singular , nor they which be base or dull are fittest for Princes secrets and services ; howsoever we may hereof say with Tacitus : Nesci● quomodo Aulica hae● comitia affect us dirigit , et fato quodam ac sorte nascendi , ut caetera , it a principum inclinatio in hos , offensio in illos est . Tac. And because the course and quality of mens lives serving in Court , is of all other the most uncertain and dangerous , great heed and circumspection ought therein to be used ; for whoso serveth negligently forgetting the dutifull endeavors appertaining to the place , seemeth to take a way of no good speed : Quanto quis obsequio promptior , tanto ●onoribus et ●pibus extollitur . Tac. It shall also become such a man to look well unto his own profit and behave himself rather boldly then bashfully : Malus minister Regi● imperii p●dor . Sen. To be modest , and closely to handle all actions ; is also a course well beseeming a Courtier ; neither shall he do well to attribute any good success to his own vertue or merit , but acknowledg all to proceed from the Princes bounty and goodness , by which meanes envy is eschewed , and the Prince not robbed of his honor . Haec est conditio Regum , casus tantum advers●s hominibus tribuant , secundos virtuti suae . Prov. Emped . And to conclude these precepts summarily , I say it behooveth a●l ministers and servants in Court to be patient , wary and of few words : Fraudum sedes Aula . Sen. CHAP. XV . The Art of ruling , or Mystery of Regiment . TO governe , is a certain skill how to command and continue Subjects in due obedience , so as offend they ought not , or if they will they cannot ; wherein two speciall things are to be considered ( viz ) the nature of Men , and the nature of the State● but first the condition of the vulgar must be well conceived ; Noscenda natura vulgi , et quibus modis temperanter hab●atur . Tac. The disposition of divers men is , some are apt to anger , some are hardy , some fearful ; it therefore behooveth the Prince to accommodate his government to the humor of people whom he governeth : Principis est virtus maxima nosse suos . Mart. Likewise the nature of Commonweals is mutable and subject to change , and Kings are not only accompanied with fortune● but also followed with hate , which breedeth a continuall diffidence , chiefly towards those that are nearest to Majesty : Suspectus semper invisusq●e dominantibus quisquis proximus destinatur . Tac. Moreover the vulgar sort is generally variable● rash , hardy , and void of judgment ; ex opinione multa , ex veritate pauca judicat . Cic. To confirm a Government , force and armes are of greatest necessity ; by force I mean the guards and armes which Princes use for their defence or ornament ; Miles in foro , Miles in curia principem comitari debet . Tac. To this may be added fortification and strong buildings , in these days much used by new Princes , and others also to whom people yield , not willing obedience . In ancient times Princes planted Colonies as well to suppress rebellion in conquered Countries , as to front suspected neighbors : Coloniae vera sedes servitutis . Tac. The government of Princes is also greatly increased by a vertue , which I call a commendable affection in Subjects , proceedi●g of love and authority : These effects do grow from the Princes own merit , but their being liveth in the mind of the People ; this love is gained by lenity , liberality , and mercy ; yet is every of them to be tempered : Nec aut reverentiam terrore , aut amorem humilitate captabis . Plin. Affection is also no way sooner won then by liberality , the same being used with Judgment and Moderation . Bellorum sociis , periculorum c●n●ortibus , sive de te ben● ac fortiter — meritis . Sen. By ●ndulgence likewise and Princely affability the love of men is gained ; for the multitude desire no more then necessary food , and liberty to use ordinary recreation●●Vulgo , sicut pueris , omne ludicrum in pretio est . Sen. CHAP. XVI . Of Princely Authority ; wherein it consists , and how far to be extended and delegated . AUthority is a certain reverent impression in the minds of Subjects and others touching the Princes vertue and government ; it resteth chiefly in admiration and ●ear●Ingenita quibusdam gentibus ergareges ●uos veneratio . Curt. Authority consisteth in three things ; ( viz ) the form of Government , the strength of the Kingdom● and the condition of the Prince ; for in them all reputation and ●ecurity resteth : Majest as imperii , salut●s ●utela . Curt. Whoso desireth to governe well , it behoveth him to use severity , constancy , and restraint ; for over much lenity introduceth contempt , and certain hope of impunity ; the condition of men being such as canno● be restrained by shame , yet it is to be commanded by fear : Salutaris s●veritas vincit inanem speciem clementiae . Cic. Yet ought severity to be used with great respect and sparingly , because over great terror breedeth desperation : Poena ad paucos , metus ad omnes perveniat . Cic. To governe constantly is nothing else but to continue the old and antient laws in force without change or innovation unles exceeding great commodity or urgent necessity shall so require : for where extream punishments are used , reformation is always needfull ; Nocet interdum priscus rigor & nimia severitas . Tac. Also to restrain Authority is a matter of great necessity ●nd worthy a wise Prince● else he maketh others partakers of the honor and power to himself only due , the same being also dangerous : Periculosum privati hominis nomen supra ( immó & juxta ) principes extolli . Tac. It seemeth also perilous that great Authority given to private men should be long● for thereby oftentimes they are made in●olent and apt to innovation : Libertatis sive principatus magna imperia diuturna sse n● sinas . Liv. Authority is also reinforced and enlarged by power , without which no Prince can either take from others or defend his own : Parum tuta sine viribus majestas . Liv. CHAP. XVII . Of Power and Force ; and how to be raised and maintained . Power and Stength is attained by these ●ive ways , Mony , Armes , Counsell , Friends and Fortune ; but of these the first and most ' forcible is mony : Nihil tam munitum quod non exp●gnari pecuni● possit . Cic. Next to mony armes are of most use , as well to defend as to offend ; to keep , as to conquer ; for oftentimes occasion is to be offered as well to take from others , as to hold what is our own : Sua retinere privatae est domus , de alie●is certare Regia laus est . Tac. Also of great and necessary use is Counsell , to devise how Arms ought to be employed or enforced : Arma concilio temperan●a . Tac. Likewise Friends and Confederates do greatly increase the vertue of power , the same being such as have both wit and ability to aid : In caducum parietem ne inclina : Adri . The last , yet not the least part of power , consisteth in Fortune ; whereof daily experience may be seen ; for the success of all humane actions seem rather to proceed from fortune then vertue . Omni ratione potentior fortuna . Curt. To these particularities concerning power , we may add the qualities of the Prince , which greatly grace his authority ; these are partly internal● and partly external ; by the one I mean the vertues of the mind , by the other a certain seemly behavior and comly gesture of the body ; of the first kind I do suppose piety and providence to be the chief , for piety maketh a Princk venerable , and like unto God ; Oportet principem res divinas videri curare seri● & ant● omnia . Arist. Providence is a forecast and likely conjecture of things to come , supposed to be in those Princes that in their actions proceed slowly and circumspectly ; it seemeth also a course of Princely discretion to be retired and not ordinarily to converse with many : Autoritatem absentiâ tueare . Suet. CHAP. XVIII . Of Conspiracy and Treason ; with the Causes and ways of prevention or discovery . COnspiracy is commonly addressed to the Princes person ; Treasons are addressed again●t his Government , Authority , Country , Subjects , or places of strength . These Mischiefs are easily feared , but hardly eschewed● for albeit open Enemies are openly encountred , yet Fraud and Subtilty are secret foes , and consequently not to be avoided : Occulta pericula n●que praevidere n q●e vitare in promptu ●st . Salust . The danger of conspiracy preceedeth of divers causes , as Avarice , Infidelity of Subjects , Ambition in Servants , and coruption in Soldiers , therefore with great difficulty to be avoided : Vitae tuae dominus est , quisquis suam contempsit . Sen. Notwithstanding it seemeth that either by Inquisition , Punishment , Innocency , or Destiny , the evill affection of men may be oftentimes discovered : 1. For whoso will curiously inquire and consider the actions and ordinary speeches of men ( I mean those that be persons of honor and reputation ) may oftentimes vent the Myne that lurketh in the minds . Quoniam raro nisi male loqunti male faciunt . Lips . 2. Punishment is likewise a thing so terrible that the consideration thereof with the hope of reward doth often discover those dangerous intentions : Cruciaiu aut praemio cuncta pervia sunt . Tac. But as it is wisdom in Princes to give ear to informers , so are they not always to be believed ; for Hope , Envy , Hate , or some other passion oftentimes draws them to speak untruly . Quis innocens esse potest si accusare sufficit ? Tac. 3. The third and likeliest defence against conspiracy is the Princes own Innocency ; for never having injured any man , it cannot be thought there liveth any Subject so lewde as will endeavor to hurt him . Fidelissima custodia principis ipsius in●ocentia . Pli● . 4. The last and best bulwark to withstand the force of this mischief we call destiny ; which preceeding from the Fountain of divine providence , may be truly called the will of God ; in whose only power it resteth to protect and defend good Pri●ces . Ille erit à latere tuo , & custodiet pedem tuum n● capiaris . Salo. Treasons are most commonly enterprized by covetous persons , who preferring private profit before fame or fidelity , do not fear to enter into any impious action : To this humor ambitious men , dissentious , and all such as be desirous of Innovation , are inclined : Pulcra loquentes iidem in pectore prava strue●tes . Hom. To these Offenders no punishment as equal to their impious merit , can be devised , being persons odious as well to friend as foes : Proditores etiam in quos antepo●unt , invisi s●●t . Tac. CHAP. XIX . Of publick Hate and Contempt , with the occasions and means to redress and avoid it . HAving briefly touched the Vertues and Means whereby Princes are maintained ●n Authority and Honor , let something be said of the causes from whence their ruine doth proceed ; the cheif whereof seemeth to be Hate and Contempt : Hate cometh of Feare , which the more Common it is , the more Dangerous●Nulla vis imperii tanta est , quae prement● met● possit esse di●turna● Cic. The causes of Feare are Punishments Impositions and Rigor ; and therefore it behooveth a Prince not only to shun them , but to eschew those actions whereby he may reasonably incur their suspition . Sentias enim homines ut metuant a●t oderint , ●non minus opinio●e & fama , quam certa aliqua ratione moveri . Cic. Yet Punishment● Imposition , and Censure are in all States necessary , although they shew and seem terrible , and consequently breed a certain desperation in Subiects , unless they be discreetly and modestly used ; for extreme and frequent punishments taste of cruelty ; great and many Imposts ●avour of Covetousness ; censure of manners when it exceedeth the quality of offences , doth seem Rigor in these matters ; therefore it behooveth the Prince to be moderate and cautelous , chiefly in Capital Punishment , which must be confined within the bounds of Justice . Sit apud principem parsimonia etiam vilissimi sanguinis . Sen. But if for securitie sake the Prince be forced to punish , let the same be done with shew of great sorrow and lothness : Tanquam invitus & magnocum tormento ad castigandum veniat . S●n . Let all punishments also be slowly executed● for they that are hastily punished do seem to have bin willingly condemned ; neither ought any Capital● Punishment to be inflicted but only that which is profitable to the Commonweale , and for example sake . Non ●am ut ipsi pereant , quam ut alios pereundo deterreant . Sen. In punishing also a special respect must be had , that no shew of content or pleasure be taken therein . Formarabiei est sanguine & vulneribus gaudere . Sen. Also in punishing equality must be observed , and the nature of the punishment according to the Custom . Nec eisdem de causis alii plectantur , alii ne appellentur quidem● Cic. But in punishing publick offences wherei● a multitude have part , the execution ought to be otherwise , and as it were at an instant , which may haply seem terrible , but in effect is not . Frequens vindicta paucorum odium reprimit , omnium irritat . Sen. Another meanes to satisfie a people offended is to punish the Ministers of cruelty , and with their blood to wash away the common hatred . Piaculares publici odii victimae . Plin. By this King David did appease the Gibeonites . The next cause of discontent cometh of Impositions under which word is comprehended all levies of mony , a matter nothing pleasing to people , as that which they esteem equall to their own lives . Pecunia anima & sanguis est mortalibus . Plaut. First , to remove hate conceived of this cause , there is nothing better then publick expostulation of necessity : for what Commonwealth or Kingdom can be without Tributes ? Nulla quies gentium sine armis , nec arma sine stipendiis , nec stipendia sine Tributis haberi queunt , Tac. The second remedy against Hate for impositions is to make moderate Levies and rare . For as Tiberius the Emperor was wont to say , a Sheep should be fleeced not flead . Qui nimis emungit , elicit sanguin●m . Tac. Thirdly , also to eschew the offence of People it behoveth the Prince to have a vigilant eye on Informers , Promoters , and such fiscal Ministers , whose cruelty and covetous proceedings do oftentimes occasion great hate ; but this mischief may be , though hardly , encountred , either by choosing honest Officers , or ( proving otherwise ) not only to remaine them but to use them as spunges , Exprimendi post qu●m biberint . Suet. In all impositions or Taxations , no cruelty or force ought to be used , the second cause to kindle hate : and to meet with that mischief , nothing is better then to proceed moderately , and without extremity . Ne Boves ipsos , mox agros , postremò corpora servitio aut poenae tradant , Tac. The fourth remedy is the Princes own parsimony , not giving so largely to private persons as thereby to be forced to take from the multitude . Magnae opes no● tam multa capiendo , quam haud multa perdendo , quaerunt●r . Maecaenas● The last help against hate is in taxation to proceed equally , indifferently , and without favor or respect ; and that the Assessors of Taxes may be elected of the meaner sort of people . Populus maximam fidem rerum suarum hab●t . Tac. Touching Censure , which we numbred amongst the causes whereof hate is conceived , much needeth not to be spoken , because the same is discontinued● or rather utterly forgotten ; yet doth it seem a thing necessary , being a certain observation and controlement of such evill manners , and disorders as were not by Law Corrigible ; these Officers were of the Romans called Magistri pudoris & mod●stiae . Livi. To the Function of Censures these two things are anciently subject Manners , and Excess ; Under Manners I comprehend Wantonness , Drunkenness , Dicing , Brawling , Perjury , and all such Lewdness as Modesty condemneth . These disorders were anciently punished by the discretion of ●ensors in all Ages and Sexes , to the end that Idleness might be generally avoided . Vniversa plebs habeat neg●tia sua , quibus àmal● publico detineatur . Salust Excess includeth Riotousness , expence of Money , Prodigal housekeeping , Banqueting , and Superfluitie in Apparrel , which things are the mothers of many mischeifs . It also seemeth in some sort perillous to the Prince that the Subject should exceed either in Covetize or Consuming . Nemo nimis excedat , sive amicorum copiâ , sine opum . Arist. The punishment inflicted upon these sorts of offenders , were either Ignom●ny , or Pecuniarie punishments , Censoris judicium d●mnato nihil affert nis● ruborem . Tac. The first and chiefest meanes to remove these inconveniences , is the Princes own example , whose life being well censured , easily reduceth others to order . ●ita principis censura perpetu● . Plin. Secondly , Those disorders may be taken away without danger , if the Censures doe proceed by degrees and leasurely ; for the nature of man may not suddenly be altered●Vitia quaedam tol●it facilius princeps , si eorum sit p● ti●n● . Sen. These are the cheifest rules whereby to eschew hate ; but impossible it is for any Prince or Minister utterly to avoid it ; for being himself good , he incurreth the offence of all bad folk : if he be evil , good men will hate him ; this danger therefore Wise and Vertuous Princes have little regarded : because hate may be gained as well by good as evil doing . Odia qui nimium timet , regnare nescit . Sen. One other means to remove this error , is , to reward the good and well deserving Subjects ; for no man can think him cruell that for love to Vertue useth Austeritie : which wil appear when he bestoweth bountif●lly on the good . Praemio & ●oena Respublica continetur Solon . The other Vice which indangereth the State of Princes , we call Contempt , being a certain base and vile conceipt , which entereth into the Subjects , strangers or servants , of the Prince and his Proceedings ; for the Authority of a King may be resembled to the powers of mans mind , whereunto the hands , the feet , the eyes , do by consent obey . Vires imperii in consensu obedientium sunt Livi. The causes of Contempt do proceed chiefly from the form of Government , Fortune , or the Princes manners ; the form of Government becometh contemptible , when the Prince desiring to be thought merciful , ruleth rather pittifully then justly : which manner of proceeding taketh away all reverence in the people , and in liew thereof entereth liberty , or at least a certain boldness to offend ; Facultas faciendi quod cuilibet visum , non p●test comprimere ingenitam si●gulis hominibus pravitatem . Tac. Also to be Mutable , Irresolute , light and Inconsiderate in bestowing the Honors and Offices of State , maketh the Prince contemptible ; Qui praesentibus fruitur , nec in longi●s consultat● Arist. But if contempt be caused by Fortune , or as may be said more reasonably , by destiny , and that those fri●nds do fail who ought in duty to defend the Prince and his Authority , then is there small hope to eschew contempt . Fato obnoxia virtus . Pl●ut . The Princes manners do breed contempt , when he yeildeth his affections to sensuality and sloth , or if he incur the suspition of Simplicity , Cowardise , or any such Vice , unworthy the Dignity he beareth● Common people do sometimes also disesteem the Prince for external and light causes , as deformity of person , sickness or such like . Mos vulgi est , fortuita & externa ad culpam trahe●e . Tac. CHAP. XX . Of Diffidence and Dissimulation in the mannage of State Affairs . ALbeit roundness and plain dealing be most worthy praise , chiefly in private persons ; yet because all men in their actions do not so proceed it behooveth Wise Men and Princes above others at occasions to semble and dissemble ; for as in all actions a Prince ought to be slow and advised ; so in consent and beleiving haste and facility is most dangerous ; and though credulity be rather an error then a fault ; yet for Princes it is both unfit and perilous . Wherefore it importeth them to be defended with this caution , Nihil credendo , atque omnia cav●ndo . Ci● . Notwithstanding he must not shew himself diffident or distrustful utterly ; but as I wish he should not over-slightly believe all men , so ought he not for small causes distrust every man . Multi faller● d●cuerunt , dum timent falli . Sen. Dissimulation is as it were begotten by diffidence , a quality in Princes of so great necessity as moved the Emperor Tiberi●● to say , Nescit regnare , qui nescit dissim●lare . The necessity of dissimulation is chiefly to be u●ed with strangers and enemies : it also sheweth a certain di●cretion in Magistrates sometimes to disguise with friends when no offence doth thereof follow . Do●i non sunt d●li , nisi ast● colas . Plaut. This kind of craf● albeit in every mans conceipt not praisable , is nevertheless tolerable , and for Princes and Magistrates ( the same being ●sed to good ends ) very necessary . But those cunnings which are contrary to vertue , ought not of honest men to be used : neither dare I commend Adulation and Corruption ; though they be often used in Court and are of some learned writers allowed . Decipere pro moribus temporum , prudentia est . Plin. By great subtiltie and frauds contrary to Vertue and Piety , I mean Perjury and Injustice , which though all men in words detest , yet in deeds are used of many , perswading themselves by Cavillations and Sophistications to excuse the impiety o● their false Oathes : as it is written of Lysander , Pueros ●●lis , viros juramentis circumvenire solebat . Plut. CHAP. XXI . Of Warr Defensive and Invasive : with Instructions touching Laws of Armes , Soldiers , and Military Discipline . THe Art Military is of all other qualities most necessary for Princes ; for without it they cannot be defended ; force of men only sufficeth not , unless the same be governed by Council , and Martial Wisdom . Duo sunt quibus resp● servatur ; in hostes fortitudo , & domi concordia . Tac. Military knowledge concerneth Warr , and every Warr is either Forreign or Domestical . Touching Forriegn it must be considered when it must be begun , how to continue it , and when to be ended ; to begin War , a Prince is , to take heed that the cause be just , and the enterprise advisedly entred into . Sunt enim & belli sicut pacis jura , j●st●que ea non minus ac fortiter gerere debes . Liv. The Laws of Arms are in all Common-weales to be duly observed : for to enter fight rashly and without respect to reason , were beastly ; also to kill or slay would work no better effect , then that all Nations should without mercy murder one another ; Barbarority coe●em coede , & sanguinem sangnine expiare . Sal● No Warr therefore is to be made but such as is just . And in every just War these three things are to be looked into ( viz ) that the Author be of Authority , that the cause be good , and the end just ; for in all States , the Prince , or they in whom the Soveraignty resteth , are the just Author● of Warr : others have no such Authority . Si quis privatim si●e public● s●ito , pacem bellumve feceri● , capitale esto . Plat● . Warrs are of two sorts : Defensive and Offensive● the one to resist , the other to invade● against defence nothing can be said , because it is natural and necessary . Est non modo justum sedetiam nec●ssarium cum vi vis illata defendi●ur . Cic. Defensive Warr is of two sorts , either to defend thine own , or thy friends ; for it is reason that every one should keep securely that which to him appertaineth : and therewith also by Arms to defend the liberty of Country , Parents , and Friends . Nullum bellum à civitate suscipitur nisi aut pro fid● aut pro salute . C●c . The like reason leadeth us to assist and protect friends : for the common obligation of humane society doth so require . Qui enim non obsistit si potest , injuriae , tam est in viti● , quam si parentes aut patriam , aut socios deserat . Cic. Invasion is also just and allowable , but not ever ; for who so hath bin robbed , or spoiled of his Lands , or Goods , may lawfully seek repossession by force : yet so● as before any force be used , he first civilly seek restitution , wherein if Justice be denied , then is the use of Arms necessary : ●ustum bellum quib●s necessarium ; & pia arm● quibus nulla nisi in armis relinquitur spes . Liv. Likewise invasion is lawfull against Barbarians , whose Religion and Impiety ought to be abhorred , chiefly if they be potent and apt to offend ; for the cause of such Warr is compulsion and suppression of evil . Cui lioenti● iniquitatis eripitur , utiliter vincitur . August . Finally , To conclude this matter of in●asion , I say , That no revenge , no desire of ●onor or Empire , are any lawful causes of ●ar ; but the intent thereof ought to be ●irected onely to def●nce and security : For ●ise men do take arms to win Peace , and ●n hope of rest they endure travel . Ita bil●um suscipiatur u● nihil aliud quam pax ●uaesita vid●atur . Cic. Having said somewhat against unjust ●ar , let us speak of temerity and unad●ised War , an enterprise worthy discom●endation . Omnes bellum sumunt facil● , ●gerrimè de●inunt : n●c in ejusdem pot●state in●tium & finis est . Sal. A wise Prince therefore ought neither to undertake any unlawful invasion nor without sober and mature deliberation enter ●nto any War , as he that is unwilling to offend , yet of courage e●ough to defend . Nec pr●voces bellum , nec timeas . Plin. To make War , three things are required . Money , Men , and Arms ; and to maintain a War , Provision and Council are needful : Therefore a wise Prince before he begins a War , doth carefully consider what forces and charge thereunto belongeth . Diu ●pparandum est bellum , ut vincas melius . Pub. Above all other Provisions , car● must be had , that Bread be not wanting ; for without it , neither victory nor life can be looked for . Qui frumentum necessariumque commeatum non praepar●t , vincitur sine ferro● Vegetius . Lastly , it behoveth a Prince always to have Arms in readiness , I mean , Harness , Horses , Weapons , Artillery , Engines , Powder , and every other thing necessary either for service on Horse or Foot : We may adde hereunto Ships , and Shipping of all sorts , with every furniture of offence or defence ; for these preparations make a Prince formidable , because no man dare do or attempt injury to that King or people where preparation is ever ready to revenge . Qui de●iderat pacem , praeparat bellum● Ca●● . By men we mean a multitude of Subjects armed , trained to defend or offend : These are of two sorts , Captains and Soldiers ; and Soldiers are either Footmen or Horsemen● the one of great use in the Champion , the other in Mountainous places ; also for defence or assault of Towns or Grounds fortified most necessary , and consequently meet for service in all places , which moved Tacitus to say , Omne in pedite robur , Tac. For sudden service , Horses do seem most ●eet , and the execution of any enterprise ●s by them most speedily performed : Ne●ertheless the actions of ●ootmen do seem more certainly executed , chiefly if they be well armed , and skilfully led ; for so ex●erience hath of late time proved ; be●ides , ●hat they are of less expence and of greater ●umber . In universum aestimanti plus in ●edite robur● Tac. Having thus proved , that both Horse and ●oot be necessary ; let us remember , that ●nless they be serviceable● great numbers ●re to small purpose . Manibus opus est bello , ●on multis nominibus , Livi. To make Soldiers serviceable , consisteth ●n good choice and good Discipline ; the one at this day little regarded . Emunt mili●em , non legunt , Livi. Soldiers ought to be elected out of the most honest and able number of Bodies ; and every Company composed of men known one to the other ; for thereby they are made the more confident : But hereof is small heed taken ; for commonly they are Purgamenta urbium suarum , Curt. Touching Discipline , it seemeth that thereof the external Form , and not the certain Substance , is observed : For as in former ages , Soldiers endeavoured to be vertuous and modest , so now they rather study to excel in Riot , then in Martial knowledge . Ex●ercitus lingua quam manu promptior● praedator est sociis , & ipse praeda hostium● Sal. For as much as Soldiers are made good by election and choice , it seemeth that the foundation and ground of service consisteth in the discretion and judgment o● those that have authority to make Election ; yet will we adde , that they must be chosen of natural Subjects● for strangers are covetous , and consequently corruptible ; they are also mutinous and cowardly : Thei● custom likewise is to rob , burn , and spoyl both friends and foes , and to consume the Princes treasure . Ossa vides regum vacui● ex●ucta medullis● Juven. But the Native Soldier is faithful and obedient● resolute in fight , loving to his Countrey , and loyal to his Prince . Gent●● quae sub regibus s●nt , pro Deo col●nt . Curt● Native Soldiers are of two sorts , ( viz. ) They that be in continual pay , and they that are trained ready to serve , but do notwithstanding attend their own private affairs , until they be called : The first are for all Princes necessary . In pace decus , in bello prae●idiu● . Tac. Of this sort no great number ought to be , as well to ●schew disorder , as also to save expences . The second kinde of foot Soldiers are to be levied in Villages , as people more patient of pains , and fit for the Wars ; yet so judiciously disposed as the Citizens . Odio praesentium & non cupidine mutationis . Tac. Touching the number of these extraordinary Soldiers , that must be referred to discretion : Bellum parare , simul & aerario parcere . To conclude , I say these numbers of ordinary and extraordinary foot ought to be according to the number of the people , not inserting any Gentlemen ; for service on hors-back is to them onely proper . Alas rusticis non tribu● ; in nobilitatem & in divites haec à pauperibus onera inclines . Livi. The most certain notes whereby to conceive the disposition of men fit to become Soldiers , are these five . The Country where they are born , their age , proportion of body , their quality of minde , and their faculty . Touching First , The Countrey , it is a thing apparently proved , that Mouutainous Regions , or barren places , and Northern habitations do breed wits well disposed to the War . Locorum asperitas hominum quoque ingenia durat . Curt. Secondly , The Age most apt for the War , was anciently observed to be about eighteen years , and so the Romans used . Facilius est ad virtutem instruere novos milites , quàm revocare pr●eteritos . Veget. Thirdly● The stature of a Soldier ought to be observed : Marius liked best the longest Bodies ; Pyrrhus preferred large and well proportioned men ; but Vegetius in his choice , rather esteems strength then stature : ●t●lius est fo●tes milites ●sse quàm grande● . Veget. Fourthly , The Minde or Spirit of a Soldier ought to be enosidered ; for that Minde which is quick , nimble , bold , and con●ident , seemeth apt for War : He is also of good hope● that loveth honor more then ease or profit : In brief , Is qui nihil metuit nisi turp●m ●amam . Sal. Lastly , it is to be marked in what art or faculty a man hath been bred : for it may be presumed that Fishers , Fowlers , Cooks , and others trained up in effeminate arts are unfit for Martial endeavor : And as these men were in respect of their trade thought unme●t so in old time , slaves and masterless men were repulsed from arms , as persons in●amous . Sed nunc tales sociantur armis quales Domini haber●●astidiunt . Veget. How Soldiers ought to be chosen , these few words we have spoken , may su●fice . Let us therefore say somewhat of Discipline . Choice findeth out Soldiers , but Discipline doth make and continue them fit for service . Paucos viros fortes natura procreat , b●na institutione plures redda● indu●●ria : Veget. Discipline is a certain severe confirmation of Soldiers in their Valor and Vertue , and is performed by four means , Exercise , Order , Compulsion , and Example . The two first appertain to Valor , the third to Vertue , the last to both : But of Exercise , first , I say , That a Soldier being chosen , ought to be informed in Arms , and used in Exercise and Action ; the word exerciti●m impor●eth nothing else . Exercit●● dic●tur quod melius fit exercitando . Varro Order consisteth in dividing , disposing , and placing of men aptly at all occasions to be commanded , as the Leaders shall direct . This matter requireth a large discourse , and therefore I refer it to skilful Captains and Writers , as Polybius , Vegetius , De la Nonne , and others . Compulsion and Correction , is that which bridleth and governeth the manners of Soldiers : For no order can be observed amongst them , unless they be continent , modest , and abstinent ; for continency is cheifly to be shewed in their diet , and moderate desires . Degenerat à robore ac virtute miles assuetudine voluptatum . Tac● The Modesty of a Soldier is perceived by his Words , Apparel , and Actions : For to be a vaunter , or vain-glorious boaster , is far unfit in him that professeth Honor or Arms , seeing true Vertue is silent●Viri militiae nati , ●actis magni● ad verborum linguaeque ce●tamina , rudes . Tac. The Apparel of a Soldier sheweth modesty , if therein he do not exceed ; for albeit it fitteth well the Profession of Arms , to be well armed and decently apparelled ; yet all superfluity savoreth of ignorance or vanity . Horriaum militem esse decet , non cae●atum auro argentoque sed ferro . Livi. Abstinence is also fit for all Soldiers ; for thereby guided , they refrain from violence , and insolency ; by that rule also they are informed to govern themselves civilly in the Country where they serve , and likewise in ●heir Lodgings : Never taking any thing from the owner , nor committing any outrage . Vivant cum provincialibus ●ure civili● ne● insolescat animus quise sensit armatum . The last mark of Discipline we called Example , under which word is Comprehended reward and punishment : For men are rewarded when●oever they receive for any excellent or singular Service , Honor or Riches . And for Evil , they have their due when they taste the punishment thereunto belonging . Necessarium est acrius ille dimicet , quem ad opes & dignitates ordo militiae & imperatoris judicium c●nsuevit evehere . Veget. Likewise as Gold and Glory belongeth to good and well deserving Soldiers ; so punishment is due to those that be vitious and cowardly● for nothing holdeth Soldiers in obedience so much as the severity of discipline . Milites impe●atorem potius quam hostem metuere debent● Veg. CHAP. XXII . Of Generals and Commanders , and their requisite Abilities in Martial enterprises and expeditions . OF Soldiers let this little suffice● we will now speak of what quality Cheiftants and leaders ought to be● for upon them dependeth the welfare of whole Armies . Militaris turba sine duce , corpus sine sp●●itu . Curte. A ●heif or General in Warr , is either of his own Authority cheif , or a general that commandeth in the name of another . Of the first sort are Emperors , Kings , and Princes ; of the other , be their Deputies , Lievtenants , Collonels , and indeed all generall Commanders in the War : Now whether it be more expedient that the Prince should command in person or by deputy , divers wise men have diversly thought , therefore it may be be thus distinguished ; if the War do then only concern some particular part or Province , then may the same be performed by a Lievtenant ; but if the whole Fortune of a Prince do thereupon depend , then is he to command in his own person and not otherwise . Dubiis bellorum ex●mplis summae r●rum & imperi● seipsum reservat . Tac. It therefore importeth the Prince sometimes by his own presence , sometimes by his deputation to performe that Office : but however occasion shall require , it ever behoveth that one only commander ought to be ; ( for plurality of Cheiftaines doth rarely or never worke any good effect ) yet with this caution that he be of experience , and wise . In b●●lica praefectura major asp●ctus habendus peritiae quam virtutis a●t morum● Arist. The quali●ies required in a Cheiftaine are these , Skill , Vertue , Providence , Authority , and Fortune By skill we meane he should be of great knowledge , and long experience or to make a sufficient Captai●e ; the information of others , or his own reading is not enough . Qui ●orit quis ordo agminis , quae cura exploa ndi , quantus urgendo trahendove bello modus● Cic● Military vertue is a certain vigor or force both of body and minde to exercise Soldiers aswell in fained war as to fight with the Enemy ; and summarily a Captain ought to be Laboriosus in negotio , fortis in periculo , industrius in agendo , celeri● in conficiendo . Cic. Next to vertue we placed providence as necessary in great Captains ; for being of such wisdome they will not hazard nor commit more to fortune then necessity shal inforce ; yet true it is● fools and vulger● folks that commend or discommend actions according to succeess , were wont to say : Cunctatio servilis , statim exequi , Regium est . But advised and provident Captains do think ; Temeritas praeterquam quod stulta , est etiam infelix . Livi. Albeit providence be the best mean of good speed ; yet some Captains of that quality and in skill excelling , have bin in their actions unlucky ; when others of less sufficiency have marvellously prevailed ; we may therefore reasonably say with , Cic. Quod olim Maxmo , Marcello , Scipi●ni , Mari● & ceteris m gnis Imperatoribus non solum propter virt●t●m , sed etiam propter fortunam saepius imperia mandata , atque excercitus esse commissos . Cic. Lastly , we wished authority to be in Cheiftains ; for it greatly importeth what opinion or conceipt the Enemy hath of such a Governor , and likewise how much his friends and confederates do esteem him : but the cheif and only means to maintain Authority , is Austerity and Terror . Dux Authoritatem maximam ●●veritate sumat , omnes culpas militares legibus vindicet , nulli errantium credatur ignoscere● V●get . Also experience hath proved that such Cheiftains as were affable and kind to their Soldiers , were much loved , yet did they incur a contempt : but on the otherside those that commanded severely and terribly , although they gained no good will● yet were they ever obeyed : Dux facilis inutilis . App. CHAP. XXIII . Of Councils in War , and directions Tactik and Stratagematik : with advice how to make an honorable Peace . AFter men found and framed fit for the Warr , to small or no purpose shall they ●erve , unless they be imployed by wisdom or good Council . Mon minus est Imperator is consili● quam vi perficere . Tac. Council in War is of two sorts ; direct Council and indirect ; the f●rst sheweth a plain and orderly course for ●roceeding , as to lay hold on occasion : for as in all other human actions occasion is of great force ; Occasio in bello solet amplius juvare quam virtus . Veget. As occasions presented are means of good success ; so fame worketh great effects in the Wars ; therefore it behooveth a Captain to be constant , and not apt to beleive the vain rumors and reports of men . Mal● imperatur , cum regit vulgus duces suos . Sen. Confidence is also to be eschewed ; for no man is sooner surprised , then he who ●eareth le●t : also contempt of the Enemy hath bin occasion of great discomfitures , therefore as a Captain ought not to fear , so should he not contemn his Enemy . Nimia ●●ducia semper obnoxia . Aemyl . As security , and overmuch estimation of our own vertue or valor is hurtfull : so doth it import every good Captain to be well informed not only of his own forces , but also of what strength the Enemy is ; likewise it behooveth him to know the situation of the Country and the quality of the people , with every other circumstance . Moreover , the Generals honor and capacity ought to be known with the condition and nature of the Enemy . Impetus acres c●nctatione languescunt , aut in perfidiam mutantur . Tac. Tem●●ty in War is also dangerous ; for wise Captains were wont not to enterprise any thing without deliberation and good opportunity , unless they were thereunto by necessity inforced . In rebus asperis & tenuispe , fortissima quaque consilia tutissima sunt . Livi. Some wise men not superstitiously but discreetly do think prodigious signes from Heaven or on Earth are not to be neglected , neither are dreams in time of War to be contemned . Nam amat benignitas numini● , seu quod merent●r homine● , seu quod tangitur ●orum affectione , his quoque rationibus prodere quae impendent . Aemi . A wise Captain will also wait oportunities and spy out fit times when the Enemy is wearied , or pretending fear , draw him into danger ; which advantages with many other , are gained chiefly by observing of time ; Quia si in occasionis momento , cuj●s praetervolat o●p●rtunitas● cunctat●s paulum ●●eris , nequicquam mox omissam querare● Livi. Next the observation of Time , the Place is to be well considered , whether it be for thine advantage or thine enemies . Amplius prodest locus ●aepè quàm virtus . Veget● Thirdly , It importeth much , that men be well ordered , trained , and prepared for the fight ; for the want of Art is cause of many disadventures , and many times a small supply of choice Soldiers on horsback or foot , doth seem to the enemy very terrible : Likewise a sudden shout or conceit hath amazed a whole Army . Milites v●nis & inanibus , magis quam justis formidinis causis moventur . Curt. Fourthly , It were to good purpose , that in ordering of men for fight , Soldiers of one Cou●try or Nations , should be ranged together , and above all to foresee , that the least loss of Blood be among the Natural Subjects , and so handle the Matter , that the cheif slaughter light upon strangers and Mercenaries . Ingens victoriae dec●s , citra domesticum sanguinem ●ellanti . Tac. The Generals own courage and lively disposition to fight , will greatly animate the multitude of Soldiers ; as a contrary countenance or appearance of Fear , will exceedingly maze and dant . Necesse estad ●ugam p●rati sint , qui ducem suum sentiunt desperare . Veget. It were also for thy great advantage● that the forces should be ordered for the fight , before the enemy be prepared . First , For that thou maist the better perform , what thou thinkest fit to be done . Secondly , That thereby thine own forces will thereof receive great courage , being readiest to assail the enemy , and to begin the fight . Plus animi est inferenti periculum , quam propulsanti . Livi. After Victory it is not the best policy to execute the enemies with extteam cruelty , but proceed moderately ; for it shall suffice the Victory is thine . ●lausis ex d●speratione crescit audacia , & cum spei nihil est , sumit arma f●rmid● . Veget. Lastly , I would advise that the General should be wary in his Actions , and in every enterprise to frustrate the Soldiers from spoils and pil●age . Saepe obstitit vincentibus ●ravum inter ipsos certamen , omisso hoste spolia consectandi . Tac. Of direct Councils , let that we have said suffice . We will now speak of Councils indirect , commonly called by the Greek word , Stratagems or Subtile practices : Which manner of proceeding , hath been in times past of divers grave Writers condemned . Vir nemo mentis altae clanculum velit occidere hostem . Eurip. Notwithstanding the opinion of this , and divers other Writers worthy credit , it seemeth reasonable , and in piety allowable : that Stratagems and Subtilt●es may be used in the War , yet with such Caution as the same may stand with Fidelity and Honor : For Fraud being used contrary to Contracts and Agreements made with the enemy , is meer Treachery : As to poyson him or her , a murtherer to kill him , were plain Impiety . Faederatum injustè fallere impium . Livi. Also out of the War covertly to kill a particular enemy by secret Assault or Practice , is not warrantable , either by Faith or Honor ; yet to use all craft , cunning , and subtilty in open War , is both allowable and praisable ; and so is thought by Christian Writers . Cum justum bellum suscipitur , ut apertè pugnet quis aut ex insidiis , nihil ad justitiam interest . Aug. The same is also approved by divers Authors of good credit . Confice ●ive dolo seu stricto cominus euse . The same is also affirmed by Xenophon , Reipsa nihil utilius in bello dolis . Thus having briefly touched what Counsels are required in War , let us consider how Victory is to be used ; for the end of every good War is Peace : To the enjoying whereof , three things are required , Wariness , Mercy , and Modesty ; because over-great confidence may happily impeach the end of good Success . Res se●und●● neglig●n●iam creant . Livi. I also wish the Victory to be handled mercifully , because all Conquests are in their own nature cruel enough . And the Ire of insolent Soldiers , forces the conquered to become desperate . Gravissime morsus irrita●ae necessitatis . Curt. To proceed Modestly , is also an honorable quality in him that conquereth : For in prosperous Fortunes , men do hardly refrain covetous and proud doings ; yea , some good and great Captains have in like cases forgotten what did best become them . In rebus secundis etiam ●gregii D●ces insolesc●nt . Tac. After Victory followeth Peace : For if War did ever continue , no State or Government could stand : Therefore how great , or how long soever the War be , the end must be Peace ; the name whereof is not onely sweet , but also comfortable , Pax una triumphis innumeris potior . Peace is not only good and profitable to him that is victorious , but also to those that are victored . Pacem reduci velle victori , expedit , victo necesse est . Tac. Nevertheless until good and honorable Peace be offered , Arms may not be laid aside : Wherein I wish Tullies advice to be followed . Bellum gerendum est ; ●i bellum omitt●mus , pace n●nquam fr●emur . Livi. In Treaty of Peace , two things must be considered : First , That the conditions be honorable● To condiscend to any base conditions , is unto a Princely minde not onely great indignity , but also intolerable . Cum dignitate potius cadendum , quam cum ignominia serviendum Plut. It also importeth , the Peace should be simple , true , and unfeigned ; for all feigned and dissembling Amity is to be doubted . Pace suspecta tutius est bellum . Mithrid . The fittest season to speak of Peace , is either when the War beginneth , or during the time that the enemies be of equal force ; for if the war continueth , it must behove the weaker to yield to necessity : Not unlike the Shipmaster , who to save himsel● doth cast the greatest part of his loading into the Sea : Necessiiati pare , quam ne dii quidem superant . Livi. Finally , Having generously defended thy self , and performed all things required in a magnanimous Captain , and finding nevertheless thy force insufficient , it cannot be dishonorable to accept Peace . Wherefore laying aside Hatred and Hope , which are but weak supporters , thou maist recommend thee and thine to the approved discretion of an honorable enemy . Victores secundae res in miserationem ex ir● vertunt . Livi. Now for as much as every Peace promiseth rest and quiet , as well to the victorious as to the victored ; we may adde thereunto , that the Prince victorious receiveth thereby Honor● Profit , and Security . For although his happiness may occasion Hope o● greater success yet in respect of Fortunes mutability , it shall be good and glorious to lis●en to peace . Decorum principi est cum victoriam propè i● manibus habeat , p●cem no● ab●●ere● ut sciant omnes te & suscipere ju●●è bellum & finire . Livi. It seemeth also the more Honorable ; for who so is victorious , doth give Peace and not take it : He also sheweth himself discreet by using a moderation in Victory , and no extremity in spoiling , which our wise and godly Writers have commended●Pacem contemnentes , & gloriam appetentes , ●acem perdunt & gloriam . Bern. Peace is also profitable for the victorious , because continual War breedeth weariness , and of violent proceeding desperation and peril cometh . Maximi & mortiferi morsu● esse solent morientium bestiarum . Sen. Likewise Peace is more assured then any victory . Hope of the one is in thine own power ; the other in the hand of God : Adde thereunto the force of Fortune , which hath great power in all humane actions . In rebus secundis nihil in quenquam superbè a● violenter consulere decet , nec praesenti credere Fortunae , cum quià v●sper ferat , incertus sis . Sen. Also conditions of Peace ought to be reasonable and freely bestowed : For no people can live contented under such a Law as forceth them to loath the State wherein they are . Misera pax bello benè mutatur . Sen. CHAP. XXIIII . Of Civil War , with the causes and Remedies thereof . THE greatest and most greivous calamity that can come to any State is Civil War ; for therein Subjects take arms against their Prince or among themselves , whereof followeth a misery more lamentable then can be described . Non at as , non dignitas quenquam protegit , quo minus ●l●pra caedibus , & caedes st●pris misceantur . Tac. The first cause of Civ●l War proceedeth of destiny for God in his own divine providence foreseeth many years before , that great and mighty Empires shall be ruined . In s●●agna ruunt : laetis hi●c numina rebus Cresen●● p●suere modum — Lucan . The second cause is , excesse , riot , and dissolute life ; for nothing breedeth Civil Fury so soon as over great happiness ; also pompous Apparell● banquetting and prodigall spending consumeth riches , and plenty is turned into poverty ; for by these means ●re men brought into desperation . Rapacissimo ●uique ac perditissim● , non agri aut faenus sed sola instrumenta vitiorum manebunt . Tac. Now to consider how destiny might be eschewed , were in vain : For such a remedy no wit or wisdom can devise ; being the decree of God , no doubt it is inevitable . Ita fato placuit , nullius rei eodem semper loc● stare fortunam . Sen. There is nothing exempt from the peril of mutation ; the earth , Heavens , and whole World is thereunto subject . Certi● eunt cuncta temporibus ; nasci debent , crescere , extingui . Sen. Touching the second causes of Civil War some remedies may be used , because it preceedeth of Faction , Sedition or Tyranny . I call Faction a certain association of divers persons combined to the offence of others . It proceedeth often of private or publick displeasure , and more often of ambition . Nemo eorum qui in Rep. versantur , quo● vincat , sed a quibus vincatur , aspicit . Sen. 1. Factions are of two sorts ; for either they consist of many or of few persons : both be dangerous , but the former more apt to take arms ; and that party which proveth weakest , prayeth arms of forrain forces . 2. The other faction wherein are fewer partakers , be commonly great personages or men of more importance than ordinary people ; and that proveth most perillous and bloody . N●bilium factiones trah●nt adse , & in partes , universum etiam populum● Arist. Albeit some wise men have held opinion that factions are necessary , yet cannot that conceipt be reasonably maintained , unless it be upon confines and in such places where conspiracy is feared , which Cato in hisprivate Family used . Semper contentiunculas aliquas aut dissensum inter servos callidè serebat , s●●pectam habens nimiam c●ncordiam ●rum , m●tuensque . Plut. Factions amongst the Nobility , are somtimes suppressed by forbidding colors , or unknown badges to be worn ; also to inhibit names or watch-words of mutinies is necessary , which was Mecae●as counsel to Augustus ; and Aristotle thinketh it fit that Laws should be made against the Factions of Noblemen . Nobilium contentiones & part●s etiam legibus oportet prohibere conari . Arist. Another cause of civil war , we call sedition , which is a suddain commotion or assembly of common people against their Prince or his Magistrates : the Original of which disorders may proceed of divers causes , but chiefly of oppression . Imminentium periculorum remedium , ipsa peric●la arbitrari . Arist. Again , Fear may be the occasion of Sedition , as well in him that hath done injury , as in him that looketh to be injured , and is desirous to prevent it before it cometh . It may proceed also of over-great mildness in Government . Non ●iseriis sed licentia , tantum concitum turbarum , las●ivire magis plebem quàm saevire . Livi. Sedition many times ariseth of Poverty , or of the Artificers , whose Arts are grown out of use , and consequently no means whereof they can live . Semper in civitat● , quibus opes nullae sunt , bonis invident , veter● odere , n●va expetunt , odio rerum suarum m●tari omnia student . Sab. Lastly , Sedition cometh of Tyranny , Insolency , or Mutinous disposition of certain Captains , Cavaliers , or Ringleaders of the people for albeit the multitude is apt to innovation , yet doth it stand firm , until some first mover taketh the matter in hand . Multitudo omnis , sicut mare , per se immobilis . Livi. Of these Movers some are Ambitious , who wanting other means to aspire , hope by practice of Sedition , to compass their designs ; or else they are Unthrifts , who having consumed their own , seek by violence to possess themselves of other mens : Or else they are vain and light persons , that without cause or reason , attempt innovation , themselves know not for what . Non tam praemiis periculor●m , quàm ipsis periculis laeti , pro certis & olim partis , nova , ambigua , ancipitia malunt . Thus having told the causes of Sedition , I wish the remedies were prepared . Omne malum nascens facilè opprimitur , inveteratum fit plerumque robustius . Cic. The first way to suppress Sedition , is Eloquence and excellent perswasion , which oftentimes worketh great effects among the multitude ; chiefly when it proceedeth from some reverend and grave person , for his wisdom and integrity of life honored : For the Prince himself is not to take this office in hand , unless necessity so inforce : Integra autoritas principis majoribus remediis servetur . Tac. If perswasion cannot prevail , then force must compel : But before such violent proceedings , use art and cunning either to appease the people , or at least to disunite them ; and rather if the Prince do offer fair and ●romise plausibly : Verba apud populum plurimum valent . Tac. It is lawful also in such cases for Princes to use subtilty ; and the same not prevailing , to wash away the stain thereof with Clemency : For when Arms are laid down , and every one yielded , general punishment were needless . Omnium culpa fuit , paucorum sit poena . Tac. The last cause of Sedition we named Tyranny , which is a certain violent Government , exceeding the Laws of God and nature . The difference between Kings and Tyrants is this ; the one imployeth arms in defence of Peace , the other useth them to terrifie those of whom his cruelty hath deserved hate : Auferre , trucidare , raper● , falsis nominibus imperium , atque ubi solitudinem fecerint , pacem appellant . Tac. The quality of Tyrants is to esteem Promooters more then good Ministers , because those men are the scourge of infinite others . They are also Protectors of impious persons , and stand in daily doubt of Noble and Vertuous Men . Nobilitas , opes , amissi g●stique honores , pro crimine : Et ob virtutes certissimum exitium . Tac. Tyrants do also endeavor to suppress the knowledge of Letters and civil life , to the end all good arts should be exiled , and Barbarism introduced . Pellunt sapientiae prof●ssores , & omnes ●onas artes in exiliu● ag●nt . Tac. These and such like , be the conditions of Tyrants , who for the most part are deposed and slain ; for as Kings live long and deliver their Dominions to their Children● and Posterity ; so Tyrants being feared and hated of all men , cannot continue in their estate . Ad generum Cereris ●ine ●oede & vulnere pauci Descendunt reges & sicca ●orte Tyranni . Juven. The Remedies of these Mischiefs which proceed from the violence of such a Prince , are Persecution or Patience . Many generous spirits have used the first ; perswading themselves rather to die , then endure the sight of a Tyrant . Also the Grecians did think it a service acceptable to murther the person of such an impious Prince . Graeci ●omines deorum honores tribuebant iis qui Tyrannos necaverunt . Cic. Nevertheless , in Christian consideration the other course is to be taken : Let patience therefore incounter this mischief ; for seeing all Kings , as well the bad as the good be sent by God , they must be indured . Res est gravis occidere regalem stirpem . Homer . Persecution is not onely perilous , but for the most part infortunate : For thereof present revenge is taken by that Prince that succeedeth . Facinoris ●jus ultor est , quis●uis successerit . Tac. The murder of Tyrants is also followed with many inconveniences worse then civil War it self . Principes boni , votis expetendi , qualescunque tolerandi . Tac. For as Fire , Floods , and other inevitable Plagues are necessarily to be suffered : So evil Princes in their covetousness and cruelty ought to be patiently indured , because their office is to command , and subjects must obey . Indigna , digna habenda sunt , Rex quae facit . Sen. And as it is the use of vulgar people to finde faults in the long raign of Princes ; so the ambition of great Subjects is desirous of novelty . Praesens imperium subditis semper grave . Thucyd. To conclude , we say that the best remedy against Tyranny , is Patience : For so long as men are , so long will Vices be . Regum ingenia toleranda , neque usui crebrae mutationes . Tac. CHAP. XXV . A Collection of Political Observations ( confirmed by Reason and Experience ) advertising Princes , Statesmen , and private Persons how to demean themselves in all Fortunes and Events . TO the perfections of Men , three things are necessarily required ; Nature , Nurture , and Use : The first giveth capacity , aptness , and understanding ; which are graces from above . Nurture , is learning , knowledge , art , or order . Use , is practice , experience , and orde●ly observation ; whereof may be conceived , that Nature alone sufficeth not ; nor can Nurture work any good effect , where natural aptness wanteth ; and they can frame no perfection , unless experience be also conjoyned . Nemo nascitur sapiens , sed fit . Sen. Ambassadors , Negotiants , and generally all other Ministers of mean fortune , in conversation with Princes and Superiors , must use great respect , shewing themselves rather ceremonious then presumptious , and acknowledge their obligation great , for the ●avor and grace , they find in those which might command them . It is no wisdom ever to commend or discommend the actions of men by their success ; for oftentimes some enterprises attempted by good Counsel , end unfortunately ; and others unadvisedly taken in hand , have happy success . Who so then commendeth inconsiderate Counsels for their fortunate event , thereby encourageth men to jar and discomfort the wiser sort to speak what they know , and by experience have proved . In Actions publick and every other matter of great moment , the beginning is well to be considered : For afterwards it lieth not in our power , without dishonor to abandon what was begun . The time doth not always serve , nor is apt occasion always offered to enterprise what we would ; yet who so doth expect every opportunity , shall either attempt nothing at all , or if he do , the same for the most part turneth to his own disadvantage . When any resolution is taken , either with over-great haste , or too much affection , seldom it receiveth good success : For he that doth the one , hath no leisure to consider ; the other transporteth the minde so as it cannot conceive more then that which presently presseth . To these we adde others , I mean some of them that have leisure , and are void of affection , yet for want of natural capacity , or for continual negligence in their doings , never bring any thing well to pass . Who so desireth to be beloved in a Commonwealth , must rest content with that which men do give , and the Laws allow him to take : So shall he neither incu● danger nor envy ; for indeed , that which is taken or extorted from others , and not that which is given , doth make men hated . Arms● Laws , and Religion , may not in any well governed State be dis-joyned ; for every one of them in particular maintaineth them all united . In actions of War , courage and conduct are of great necessity ; yet all good Government consisteth in using the Vertues Moral ; and in handling the matter of Martial Policy , it is fit to imitate the proceedings of antient and approved Captains . Among Mortal Men , there is nothing more common then to believe the estate of one man to be better then an other ; for hereof it cometh , that every one endeavoreth rather to take from others with travel , then to enjoy his own with rest . The state of Pri●ces is good● being well used ; so is the fortune of private men , if therewith they be contented . The rich-man liveth happily , so long as he useth his riches temperately ; and the poor man that patiently endureth his wants , is rich enough . Whensoever a man is so dangerously distressed , as either proceeding or standing , he liveth in like peril , then doth it behove him in any wise , to resolve upon action . The reason is , that so long as nothing is done , the same accidents that caused his dangers , do still remain in their former force ; but if he endeavor to enterprise somewhat , either he may meet with means to make him secure , or at the hardest , shew himself of so great courage and wit , as he dare and can attempt a way to do it . It seemeth a thing of great difficulty , or rather impossible for any Prince or Magistrate to eschue the evil speech and bad report of men ; for if they be good and vertuous , then they incur the backbiting of leud persons ; if evil , then will all good men exclaim against them . All Commonwealths ought to desire peace , yet it is necessary ever to be prepared for the war ; because peace disarmed , is weak , and without reputation : Therefore the Poets feign , that Palla● the Goddess of Wisdom did always appear armed . Every Prince ( well advised ) ought to govern his Subjects and Servants in such sort , that by his affability and vertue they may be induced rather to serve voluntarily , then for pay or hope of preferment . For otherwise doing , whensoever the Prince shall want means to pay , the Subjects likewise will fail of good will to serve . But he that faithfully loveth , doth neither in prosperity become arrogant , nor in contrary Fortune retire , or complain of the small favor he findeth : For ( till death ) love and life remain at the Princes Commandment . Where poor men finde Justice , evil men are punished , Measures and Weights be just , Youth well nurtured , and old folk free from avarice , there is the Commonwealth good and perfect . In War between Neighbors , neutrality is commendable ; for by that means we eschue many troubles and great expences , so long as the forces of either side be so equal in strength , as we need not to fear the victory of any : For so long their discord is our security , and o●tentimes offereth us means to increase our own state and reputation . The cheif reasons to move War , are , the Justice of the Cause , the Facillity of Success , and the Profit of the victory . In all Humane actions it behoveth to a●commodate the Council of Men unto present necessity , and never to expose security to manifest peril , nor hope of that which without great difficulty or impossibility cannot be obtained . It is the nature of men having escaped one extream , which by force they were constrained long to endure , to run headlong into the other extream , forgetting that Vertue doth always consist in the mean . The multitude is inclined to innovation , and easily induced by false perswasion , and consequently easily transported by seditious leaders . Men are naturally disposed to fear those things which threaten danger and terror● yet unless these perils by some new accident be daily revived , that fear by little and little vanisheth , and Security recovereth the place . Whoso findeth himself contemned , or not respected , becometh discontent ; which humor in generous mindes , breedeth oftentimes adventerous imaginations , whereof audacious attempts have followed , cheifly in persons of authority and reputation ; for he that hopeth no good , feareth no evil : Yet true it is , that dangerous enterprises , the the more they be thought upon , the less hope they give of good success , for which reason conspiracies not suddainly executed are for the most part revealed or abandoned . All people do naturally imitate the manners of their Prince , and observing his proceedings resolve to hate or love him : But if they happen once to ha●e the Prince , then his doings , good or evil , are afterwards not good ; but if at the beginning he gained the love of the people , then every bad action is reputed a vertue : as though he could not be induced to do amiss without good cause or reason . Greatly are Princes deceived if in the election of Ministers they more respect their own particular affection , then the sufficiency of the person elected . A Prince having conquered any new Dominion , is thereby rather incombred then strengthned , unless the same be after well governed ; and seldom is it seen that a principality by ill means gotten , hath bin long injoyed . As to the perfection of the whole body soundness of head only sufficeth not , unless the other members also do their office ; even so it is not enough that a Prince be faultless , but it behooveth also that the Magistrates and Ministers should perform their duty . Great Princes rarely resist their appetites● as for the most part private men can : for they being alwaies honored and obeyed , do seldom with patience indure the want of any thing reasonable , as being perswaded that what they desire is just , and that their Commandment hath power to remove all difficulties . All men are naturally good when no respect of profit or pleasure draws them to become evill . But this worlds corruption , and our frailty is such , as easily and often for our particular interest we incline to the worst ; which was the cause that wise Law-makers found out reward and punishment : the one to incite men to good , the other to fear them from being evill . A Tyrant indeavoreth to maintain his Estate by three means . First , he practiseth to hold all Subjects in extream awe , and to be basely minded , to the end they should want courage to take arms against him . Secondly , he kindleth diffidence and discord among the great men ; thereby to remove occasion of conspiracy and combination . Lastly , he holdeth them disarmed and idle , so as they ne●ther know nor can attempt any thing against him To govern , is nothing else but to hold Subjects in love and obedience : for in respect of the end , they ought not , and in regard of the other they cannot attempt any thing contrary to the governors will and their duty . The Laws and Ordinances of a Common-weale made at the beginning thereof when men were good , do often prove unprofitable when they are become evill ; and therefore new Laws are made according to the accidents which happen . The discontent or disorder of people is ever occasioned by the inequality of their goods , because the poorer sort would be made equall to the rich : but the offence that grows among great men is the desire of honor ; for they being equal , do indeavor to aspire to equall authority . A Prince that desireth by means of his Ambassador to deceive an other Prince , must first abuse his own Ambassador , to the end he should do and speak with more earnestness , being indeed perswaded that the intent and meaning of his Master is simple which happily would not , were he privy that his Princes meaning were to dissemble . This course is also commonly holden by those that by imployment of a third person would perswade any thing fained or false . For the performance of conditions in treaty of Peace or League of Amity , the Promises , Vowes , and Oathes of Princes are of great effect ; yet because fidelity in a man is not ever certain , and time doth daily offer occasions of variation , there is no assurance so secure and good as to stand so prepared as the Enemy may want able means how to offend . To resolve in matters doubtfull , or answer requests which we are not willing to grant , the least offensive way is not to use direct denial , but by delaies prolong the time and so in place of effect , afford good expectation . The old Proverbe ●aith : Magistratus virum ostendit : which is no less true then ancient : for men in such fortune are occasioned not only to make proof of their sufficiency , but also to discover their affections ; and the more their greatness is , the less respect they have to contain those passions which are natural . Albeit great troubles and continual adversity seem insupportable ; yet is there nothing more dangerous , then ouermuch prosperity ; and being pressed by new appetites , they disturb their own security . In speaking of occurrents doubtfull , it is alwaies wisdom to fain Ignorance , or at least alledge that we beleive then not : for most commonly they are utterly untrue , or far other then vulgarly is believed . The Actions of men are commonly liked or disallowed according to the bad or good success : attributing that to Council which sometimes is due to fortune . The multitude of men were wont to be more pleased with suddain then slow resolutions ; and many times accompt those enterprises generous , which are rashly and inconsideratly attempted . Great difference there is between Subjects desperate , and others which are only discontented : for the one desire nothing but present alteration , which they indeavor with all hazard : the other wish for innovation , inciting any motion or practice● because their intent is to attend time , and that occasion may present it self . A benefit bestowed on him who thinketh himself greatly injured , doth not suffice to raze the same out of his memory , cheifly if the benefit be given at such time as no meer motion but necessity may seem the occasion thereof . That Peace ought to be desired which removeth suspition , which assureth us from perill , which bringeth quiet certain , and acquitteth us of expences : But when it worketh contrary effects , it may be called a dangerous war covered with the name of deceitfull trust , not unlike a perilous poyson ministred in lieu of a wholsom Medicine . The effect of things , and not externall show or seeming , ought to be regarded ; yet it is incredible what great grace is gained by courteous speech and affability : the reason whereof is as I suppose that every man beleiveth he doth merit more then indeed he is worthy , and consequently holdeth himself injured when soever he findeth men not to afford him like estimation . Men ought in any wise , to refrain to doe or say any thing which may offend , for which respect it were great folly either in presence or absence to utter displeasing speech unless necessity inforceth . The matters whereof Councellors are cheifly to consider , be five . The Princes revenue , Peace and Warr , Defence , Traffick , and what Laws are to be made . In giving Council divers things are to be observed ; but amongst them are two of most importance . First , it behooveth , that he who is Counselled should be wise ; for seeing Council is nothing else but a certain considerate discourse of things to be done or not done , if he who is to take Council be not of discretion , then will he refuse all good advice offered , and rather ●ncline to that which his own fancie affecteth because the want of Judgement draweth him to take pleasure in vain things ; and as one incapable of what is good and true , will follow that which is evil and false : so on the other side if he that giveth Council be not faithfull , then will he a Thousand waies disguise and dissemble the truth , and consequently miscarry the mind of him that is Counselled : yea in the end utterly abuse him . The affairs and proceedings of the world are so variable and accompanied with so many chances and changes , as impossible it seemeth to judge what is best : therefore experience enformeth , that the conjectures of the most wise prove vain and uncertain . I therefore mislike the Judgment of those men , that will let slip opportunity of present good ( though it be small ) for feare of a future evill , notwithstanding it be greater , unless the evill be very near at hand , or certain . For if that doe not follow which is feared , then wilt thou repent to have omitted that which was desired . Whensoever a general opinion is conceived of the singular vertue and knowledge of any●man , although he be indeed ignorant and far unworthy that accompt , yet it is hard to remove such a settled conceipt : the reason is , that men having at the first given credit to common report , do make thereof so deep an impression as afterwards without great difficulty cannot be removed . The Bodies of Men , Munition , and Mony may justly be called the sinews of War , yet of them the two first are more necessary , for Men and Arms have means to find Mony and Meate : but Mony and Meate cannot so easily find Soldiers and swords . One wise Generall having but a Thousand men , is more to be feared and esteemed then twenty Commanders of equall Authority : for they being commonly of divers humors , or judging diversly , do never , or very rarely what is to be done , and consequently lose much time before any resolution can be taken . A Prince of mean force ought not in any wise to adventure his Estate upon one daies fight : for if he be victorious he gaineth nothing but glory : but if he lose , he is utterly ruined . The most part of men are delighted with Histories , for the variety of accidents therein contained : yet are there few that will imitate what they read , and finde done by others ; being perswaded that imitation is not only hard but impossible , as though the Heavens and Men were changed in their Motion or Order , and Power , which they anciently had . The Nature of men is such as will not endevor any thing good , unless they be forced thereunto : for where liberty aboundeth , there confusion and disorder follow . It is therefore supposed that Hunger and Poverty make men industrious : but good Lawes inforce them to be honest ; for if men were of themselves good , then Laws were needless . There are two kinds of Adulation : The First proceedeth from a subtil malice : The Second cometh by an ordinary use of conversation ; the one tendeth to profit and deceiving ; the other hath no further design then a respect or fear to offend . Whereunto the most honest are in some sort bound . Whoso bindeth himself to flattery , doth thereby bewray his intent , either to gain , or not to lose that he hath . For the person flattered is alwaies superior to him that doth flatter , or at least one as may in some sort stand him in stead . It may therefore be inferred that only men of base and miserable condition , and such as cannot help or hurt , be free from flatterers . And contrariwise magnanimous and fortunate folke , proud men and such as content themselves with their present estate , are seldom found to be flatterers . Every wise Prince doth presuppose that times of trouble may come , and that all such occasions he shal be forced to use the service of men diversly qualified . His study therefore is in the mean time so to entertain them as when those storms arise he may rest assured to command them ; for whosoever perswades himself by present benefits to gain the good will of men , when perills are at hand , shall be deceived . In ancient times Princes and Governors were wont when peace and security were most like to continue , to find or fain occasions to draw their Subjects to fear , to the end that doubt might move them to be more carefull of their own weldoing ; for well they knew it a general defect in men to be reachless , and never willing to use industry ; unless by necessity they were constrained . All Histories do shew , and wise Polititians do hold it necessary , that for the well governing of every Commonweal it behooveth to presuppose that all men are evil , and will declare themselves so to be when occasion is offered ; for albeit some inconvenience doth lie hid for a time , it proceedeth from a covert occasion , which for want of experience was not found untill time the Mother of Truth discover it . Neutrality is always a thing dangerous and disallowable , because it oftendeth all parties : He that is strong looketh to be assisted in his greatness ; and he that is weak not being defended , holdeth himself offended : the one is not assured from Foes , and the other holdeth no friends . Albeit neutrality procure present quiet and security , during the troubles of others ; yet after the samefalleth out a disadvantage , because it entertaineth a certain falseness , and so in short space will be perceived ; not unlike those men that borrow upon usury ; for albeit they enjoy a certain time , without trouble or charge , yet the same being spent , and the day of payment come , they then feel the great danger which their short pleasure hath purchased . Whoso examineth all humane actions shall find that in eschewing one inconvenience , wepresently incur another . As for example , if we endeavor to make our dominions mighty , it behooveth to have the same fully r●plenished with people , and well armed , and so being , they are not easily governed . On the other side , if our Country be not well peopled , or disarmed , then it is easily holden in obedience ; yet therwith so weake that it can neither increase the bounds therof , nor defend it selfe . It is therfore necessary in all our deliberations to consider what inconvenience is least , and choose that , as the best : for to find all perfect , void and secure of suspect or imperfection , is impossible . A Prince being instantly required to take part with other Princes , the one being in arms against the other , if he deny both incureth suspicion of both , and may be thought to have secret intelligences with one or both of them ; so as either of them shall accompt him an enemy , and consequently he that proves victorious will be revenged ; and the other holding him suspected will not acknowledg his Friendship . It is the use of men to presume much upon their own merit , and seeing the success of some others to be such as without cause or desert are aspired to dignity thereby uncouraged they promised to themselves the like : Nevertheless being entred into the course of their design , and finding many crosses and impeachments , they do not a little repent their over-weening and presumption , but also many times utterly abandon their rash and unadvised enterprize ; neither can I think th●t the vertue or sufficiencie of any man without the favor of the heavens can advance him ; for as the Poet saith , Ne● velle juvat , potiúsue nocet , si fata repugnant Whoso serveth a Prince far from his presence , shall with great difficulty content him . For if he commit any error , it shall be aggravated : besides that the instructions sent unto him cannot be particularly conceived , because the State of worldly things doth daily alter . Also to serve alooffe , is a thing full of danger and far from reward : which inconvenience may for the most part be avoided by him that attendeth near to his Princes person . Let no man that cometh to serve in Court , assure himself by his wisdom to be advanced or eschew all encounters . Neither is he to bear himself so careless as to commit all to fortune , but be perswaded that this wordly life is like to a voyage by Sea ; wherein albeit Art with the favor of the wind may do much , yet can we not assure our selves to arrive safe in the Haven appointed ; for daily experience doth shew , that some strange ships in the calmest weather , are drowned or impeached by the way , when others much weaker and disarmed passe securely . Among men worthy of commendations , those have merited best that first planted true Religion : next they that framed Kingdoms and Commonwealths ; the third place is due to such as have augmented or enlarged their dominions ; lastly learned men deserve fame and memory : and as every of these are worthy of fame and honor ; so ought they to be accompted infamous that introduce Atheism , or the subversion of kingdoms , or are become enemies to Learning and Vertue . Whosoever taketh in hand to governe a Multitude either by way of liberty , or principality , and cannot assure himse●f of those persons that are Enemies to that Enterprise , doth frame a State of short perseverance : yet true it is that such Princes be infortunate● as for their own security are inforced to hold a course extraordinary , and have the multitude their enemy ; for he that hath few foes may with small dishonor be assured ; but he that is generally hated can by no means live assured ; and the more cruelty he useth , the weaker his principality proveth . In commending another man great moderation is to be used ; for as contumely offendeth him against whom it is used ; so great praise , besides that it is uttered with danger to his judgment that speaketh it , the same doth oftentimes offend him that heareth it . For self love which commonly possesseth men , causes the good or evil we hear , to be measured with our own . And consequently every man that is touched with like deserts and defects , doth grow● offended that his commendation is not set forth , and feareth lest his imperfection should be discovered . It is often , or rather ever seen , that the force of Leagues not used in their first heat , becomes cold ; because Suspition soon entereth , which in short space will destroy whatsoever was concluded , and may not without long time be rejoyned . The power of Ambition which possesseth the mindes of men , is such , as rarely or never suffereth them to rest : The reason thereof is , That nature hath framed in them a certain disposition to desire all things , but not to obtain them ; so as our desires being greater then our power , thereof followeth discontent and evil satisfaction . Hereof also proceedeth the variation of Fortune ; for some men desiring to get , and others fearing to lose that they have gotten , do occasion one man to injure another , and consequently Publick Wars do follow ; by means whereof , one Countrey is ruined , and an other inlarged . Princes of great power , and cheifly those that are Inhabitants of the North , having many Children , were wont to be much inclined to the Wars , as well to win unto themselves honor , as also to get possessions for their Sons ; which manner of proceedings did oftentimes remove such disturbance as the plurality of Brethren bringeth . These and other reasons induced Princes to attempt War against those Kingdoms , which in their opinion seemed easily conquered , or whereunto they can pretend litle ; for by colour thereof they may the rather justifie their proceedings . When a Prince deferreth to answer an Ambassador , it proceedeth from some of these respects ; either because he will take time to resolve himself of somewhat whereof he doubteth , or that he intendeth covertly to deny that which is demanded , or that he esteemeth not the Prince that doth demand , or that he disdaineth the person by whom the demand is made , or else that he intendeth to hear from his own Ministers to be better resolved : Wherefore a discreet Negotiator ought in such cases to consider which of these reasons move the Prince where he is employed , to entertain him with delays , and make his dispatch accordingly . The sufficiency of good Counsellors consisteth in four things . First , They ought to be wise and skilful how to handle their affairs , directing all doings to publick commodity . Secondly , To be just in their proceedings , giving to every one that which to him appertaineth . Thirdly , To be stout , and void both of partial respects and fear . And lastly , To be temperate and moderate in their desires . Whoso desireth to govern well and securely , it behoveth him to have a vigilant eye to the proceedings of great Princes , and to consider seriously of their designs : For it is a matter of small difficulty to live in peace with him who desireth our amity , and provideth for others that endeavor to offend us . The intelligences that Princes study to attain , are procured by divers means : Some are brought by report , some vented by conversation and sounding , some by means of espials ; but the most sure and credible accurrents , are those which come from Ambassadors , cheifly those that either for the greatness of their Prince , or their own Vertue , be of most reputation . For those men conversing daily with great personages , and pondering diligently their Manners , Words , Wisdom , and the order of each mans proceedings , yea , of the Prince himself , may with commodity attain unto matters of importance sooner then they that are Writers of rumors , or that take upon them to conjecture of things to come . Whensoever a people is induced to commit so great an error , as to give reputation to one onely man , to the end he should oppress all those great men whom they hate , they thereby give him opportunity to become their Prince ; and so being assisted with their favor and aid● he may likewise extinguish all the rest of the Nobility ; and they being extirpated● he will also endeavor to tyrannize over the people , by wh●se help he aspired . So many as are not consenting to the Tyranny , rest enemies to the person of the Tyrant , who can by no means gain the love of all . For impossible it is , that the riches of any Tyrant should be so great , and the Honors he can give so many as may satisfie all . Hereof it cometh , that those Tyrants that are favored of the people , and disfavored of the Nobles● are most secure ; because their Tyranny is supported with a greater strength ( having the mul●itude their friends ) then is the Tyrant whom the humor of the Nobles onely hath advanced . A dangerous thing it is in all Common-wealths by continual punishing , to hold the mindes of Subjects in suspition ; for men ever fearing their ruine , will ( without respect ) determine to save themselves , and as men desperate , attempt innovation . All capital executions ought therefore to be executed suddenly , and as it were at one instant● so to assure the mindes of men from further molestation●● The intent of every wise Prince that maketh War , either by election or ambition , is to gain and hold what is gotten : Also to use the matter so as thereby he may inrich himself , and not impoverish his own people or Countrey . He that inlargeth his Dominions , doth not always increase his power ; but he that increaseth in force as well as in Dominion , shall thereby grow great ; otherwise he gaineth no more then is shortly to be lost , and consequently he ruineth himself : For who spends more in the War , then he gains by Victory , loseth both labor and Cost . Every Prince and Commonwealth must above all things take heed , that no necessity how great soever , do perswade him to bring into his Dominion any Auxiliary Soldiers ; because the hardest conditions the enemy can offer , are more easie then is such a resolution . A Prince sheweth his ruine at hand , whensoever he beginneth to break the Laws and Customs , which are antient , and have been long time obeyed by the people of his Dominion . That Prince which careth to keep himself secure from conspiracy , ought rather to fear those to whom he hath done over-great favors , then them whom he hath much injured : For these want opportunities , the other do not ; and both their desires are as one ; because the Appetite of commanding● is always as much or more then the desire of revenge . Whensoever a Prince discovers a conspiracy , he must well consider the quality thereof , measuring the force of the Conspirators with his own ; and finding them many and mighty , the knowledge thereof is to be dissembled , until the Princes power be prepared to oppose them ; otherwise he hazardeth his own security . It hath been by long experience found better to send one General to an Army , though he be of mean sufficiency , then to give the same Authority to two or more excellent personages with equal Commission . He that coveteth to be over-much loved , often times becomes contemptible ; and he that endeavoreth to be over-much feared , is ever hated : And to hold the mean between them , cannot be exactly done , because nature will not so permit . Whoso aspireth to any dignity , must resolve himself to endure the envy of men , and never to be moved for any offence conceived against him , though they that be offended , be his dear Friends : Neither shall he for the first affront or encounter , relinquish his hope ; for he that constantly maketh head against the assault of Fortune , shall after with facility arive where he designed . In giving Council to a Prince or Commonwealth , and therewith desiring to eschue danger and offence , no other mean is to be taken then that the Counsellor shall without passion or perswasion pronounce his opinion , and never to affirm any thing as a resolution , but with modesty to defend that he speaketh ; so as the Prince which follows his advice , may seem to do it voluntarily , and not forced by the importunity of him that gave the Council . A discreet Captain being in the Field against the enemy , of whose vertue he hath had no proof , ought first by light skirmishes to feel of what vertue he is● and not to enterprise any general adventure , to the end that Terror or Fame should not daunt nor discourage his own Soldiers . Albeit Fraud be in all actions detested , yet is the same in Martial enterprises commendable and glorious : For that Captain who compasseth his designs by wit or stratagem , is no less commended then he that vanquisheth the Enemy by violence and Force . In times of extremity , when resolution must be taken for the having or utter losse of the State , then no regard is to be had of Justice or Injustice , Mercy or Cruelty , Honor or Ignominy , but rather setting aside all respects , that course is to be follow which defended the lives and liberties of men . Whoso desireth to know what will be hereafter let him think of that is past ; for the World hath ever bin in in a circular revolution : Whatsoever is now , was heretofore and things past or present are no other then such as shall be again : redit orbis in orbem . A Prince that desireth to obtain any thing at the hand of another , must if it be possible urge a suddain answer , and lay before him that is moved , a necessity to resove presently , giving him to understand that denial or delaies may breed a perilous and suddain indignation . There is nothing more difficult , doubtful and dangerous then to attempt Innovation : for he that taketh in hand an enterprize of such quality , maketh all those his Enemies which lived well under the old order , and findeth them cold defenders that affect his novelties , which coldness proceedeth chiefly of incredulity ; for men are not easily induced to beleeve a new thing till experience hath proved it to be good . There is no art nor other knowledg so seemly and necessary for a Prince as the Art Military with the ordinances and discipline thereof : for that is the only skill required in him that commandeth , and such a vertue as doth not only maintain them that are born Princes , but often advanceth private men to that dignity . The deep impressions which old injuries make in the minds of great men cannot with new benefits be razed out ; it is also to be remembred that injuries be done all together : For they offend the lesse , and wil be forgotten the sooner ; but benefits should by little and little be bestowed , ●o shal the memory of them long continue . A small pleasure or displeasure presently done , doth move more then a great good turn bestowed in times past ; for the taste of things present doth make a deeper impression in the minds of men , then doth the memory of things past , or expectation of things to come . It is a matter of small difficulty to sound the discont ntment of other men . For every one doth willingly tell the well and ill deserving of friends , and likewise how much or how little foes can do , if we have patience to hear , which patience is the beginning of all good speed ; but he that delighteth to speak much , and hear little , shall ever inform others more then he himself can learn . Among other dangers which a Prince incurreth by being disarmed , the greatest is , that thereby he becometh contemptible ; for no comparison there is between men armed and them that are disarmed : and no reason there is that he that is armed should yield obedience to him that is disarmed , neither is it like that a Prince disarmed can be secure from his own Subjects armed . A Prince ignorant of Martial knowledg , among other misfortunes cannot be esteemed or trusted of his own Soldiers ; it behooveth him therefore as well in time of peace as war to exercise arms , which may be done by two meanes ; the one by action of body , the other by contemplation of mind . The body may be exercised in hunting , hawking , and such like pastimes ; thereby to be made apt to endure travel : his mind likewise may be informed by reading of Histories , and the consideration of actions performed by excellent Captains , observing the occasion of their victories or losses to the end he may imitate the one● and eschew the other . He that doth not as other men do , but endeavoureth that which ought to be done , shall thereby rather incur peril then preservation for whoso laboreth to be sincerely perfect and good , shall necessarily perish , living among men that are generally evil . A Prince that useth liberality to his prejudice , ought not to regard the infamy of Miserable , because his parsimony will in time enable him to be liberal , and so may declare himself to be , having by parsimony increased his power , and therefore without imposing upon the people , may defend himself from all such as will make war ; so shall he use liberality to all them from whom he taketh nothing , who are infinite ; and use miserliness to those only to whom he giveth , who are but few . There is nothing that consumeth it self like to liberality ; for if it be long used , it taketh away the meanes to continue it , and consequently doth make men poor and basely minded : or else to eschew poverty they shall be forced to extortion and become odious . It is better to incur the name of covetous ( which is a scandal without hate ) then with desire to be accounted liberal , deserve the infamie of oppression ( an ignominy accompanied with hatred . ) A Prince ought to be slow in believing , and advised in proceeding ; he should also beware not to make himself over much feared , but in all his actions shew great wisdom tempered with curtesie ; so shall not over much confidence induce him to be careless , nor over much diffidence render him intolerable . Whoso observeth , shall see that men offended , less respect him whom they love , then him whom they fear . For love is maintained by a certain reciproque obligation , which because men are evill , useth to be by every occasion of profit broken . But fear is continued by a certain dread of punishment which never faileth . A Prince that holdeth in the fi●ld an Army wherein are great numbers of Soldiers , ought not to care though he be accompted cruell : For without such an opinion conceived , he cannot keep his forces united , nor apt to attempt any enterprize . Men for the most , do use rather to judg ; by their eyes , then by their hands , for every one may see , but few can certainly know . Every one seeth what thou seemest to be , but few can understand what thou art indeed ; and these few dare not oppose themselves to the opinion of many which have the Majesty of Estate to defend them . Also in the actions of all men , and chiefly Princes , from whom is no appellation , the end is ever observed . Machiavel . A Prince being forced to use the condition of beasts , must among them make choice of the Fox and the Lyon ; for the Lyon cannot take heed of snares , and the Fox is easily overcome by the Wolves , it behooveth him therefore to be a Fox to discover the snares , and a Lyon to terrify the Wolves . A Prince newly advanced cannot observe those rules which are the cause that men be accompted good ; he being many times constrained for defence of his state to proceed contrary to promise , contrary to charity , and all vertue ; and consequently it behooveth him to have a mind apt to alteration , as the wind and variation of fortune shall direct ; yet ought he not to abandon the good , if so he can , but be ready to use what is evil if so he shall be inforced . Every Prince ought to have two ears , the one Intrinsick in respect of Subjects , the other Extrinsick in respect of forraine Potentates , from whom ●he may be defended with good Arms , and good Friends : Also matters Intrinsick will ever stand well so long as all things abroad rest firm . A Prince that is favored of the multitude , need not to doubt conspiracy ; but contrariwise where the people is generally discontented , and hateth the Prince , then may he reasonably doubt every thing , and every person ; for no man is so poor , that wanteth a weapon wherewith to offend , W●en any occasion is presented to have that thou desirest , fail not to lay hold thereof : For these worldly things do vary , and that so suddenly , as hard it is to assure our selves of any thing , unless the same be already in hand : On the other side if any trouble threaten thee , defer it so long as thou maist ; for time may occ●sion some accident to remove all dangers . The Prince that doubtech the fidelity of his Subjects , must of force build Fortresses ; but he that feareth forreign force more then his own people , were better to leave them unbuilt . Howsoever it be , that Prince that desireth generally to be respected and esteemed , must perform some notable enterprise , and give testimony of great Vertue and Valor . A Prince shall do well at all times to be counselled so as no man do presume to give counsel but when the Prince doth ask it . It is al●o to be noted , that he who is not of himself wise , cannot be well counselled of others , unless happily he yield to some wise men the Government of his whole Affairs . For good counsels from whomsoever they proceed , shall be thought to come from the Prince , and not the wisdom of the Prince to proceed from the counsel of others . He that taketh delight to be employed in Publick Affairs , must by all means endeavor to continue in such Services : For oft one business dependeth on another , whereunto the Florentine Proverb may be applied , Di cosa , nasae cosa & il tempole governa . Some men have not onely desired , but also compassed honor and profit ; yet being in possession of both , were not therewith so satisfyed as they hoped to be ; which being believed , would happily extinguish the immeasurable ambition wherewith many men are possessed . By experience I have learned that great folly it is to account that ours which we have not , or spend presently in hope of future gain . Therefore Merchants during the adventure of their goods , do not increase domesticall expences● but fearing the worst assure what is in hand . For such men as have gained unto themselves reputation and are accounted vertuous , to maintain that conceipt and eschew envy , there is nothing better then a life retired from daily conversation , & chiefly of the multitude . Fugiat sapiens commercia vulgi● The end that moveth a Prince to make war , is to enrich himself , and impoverish the enemy : neit her is victory desired for other purpose then thereby to become the more mighty , and make the enemy weak ; consequently wheresoever thy victory doth impoverish thee , or thy gain therein doth weaken thee , it followeth that either thou passe or undergoe that mark whereunto the intention of war was directed . And that Prince is by victory enriched , that can oppress the enemies power and become Master of his goods and possessions . And that Prince is by victory impoverished when the enemy notwithstanding he be victored can still maintain himself , and the spoyls and possessions are not taken to the use of the Prince victorious , but imparted unto his Soldiers . For then may he be thought in his own loosing infortunate , and in victory unhappy ; for if he be vanquished , then must he indure the offence by foes ; and being victorious shall be forced to abide the wrong offered by Friends : which as they be less reasonable , so are they also less supportable ; because he is still by impositions forced to burthen the Subjects , whereof m●y be inferred , that the Prince having in him any generosity cannot justly rejoyce at that victory which causeth the Subjects to lament . Who so desireth to obtain any thing , hopeth to compass his desire , either by intreaty , presents , or threatning ; for so shall he to whom the request is made , be moved either with compassion , profit , or fear : Nevertheless with covetous and cruel men , and such as are in their opinion mighty , none of these can prevail . And consequently in vain do they labor , that go about by suit to stir them to pity , by gifts to gain them , or by threats to fear them . Who so is perswaded that any Common-weal can continue disunited , doth greatly deceive himself : True it is , that some divisions do maintain the Estate , but other do indamage the same They which do harm , are such as with Sects and Pertakings be accompanied ; they which help without Sects and Pertakings be maintained . A wise Governor therefore , albeit he cannot so exactly foresee but some enemies will arise in the State , yet may he take order that no Factions may thereby grow . It is therefore to be noted , that the Citizens of every Estate , may aspire to Reputation , either by private or publick means . Reputation by publick means , is gained chiefly in the War , either by obtaining victory in some Battel , or surprising of some City ; or else by performing some Ambassage d●ligently , prosperously : but private Reputation is gotten by doing favor to this or that man and protecting them from Magistrates , giving them money , advancing them unworthily to Honor and Office ; and by great Feasts , entertaining the multitude ; of which manner of proceeding , Se●●s , Factions , and Partakings do grow : And as Reputation thus gained is dangerous , so the other without Faction is profitable ; because the same is founded on Common welfare , and no private profit : And albeit among Citizens of this sort , will oft arise great hate , yet wanting followers for their particular profit , the State shall not be indangered , but rather strengthned ; for every man endeavoring to deserve well , will hold himself within the bounds of Civil life , and by Vertuous Merits labor to be advanced . To perswade or disswade particular persons , is a ma●ter of no difficulty : for if words suffice not , yet Authority will prevaile : but hard and perillous it is to remove a false opinion conceived by a whole multitude , for therein faire speech and no compulsion must be used . The best means which wise Captains can use to make their Soldiers resolute , is to take from them all hope , which resolution may also be increased with the love of our Country and confidence in the Captain : for confidence groweth by the valor of men , and Discipline in former Victories , and trust reposed in the leader . The love of our Country is naturall , but the aff●ction we bear to the Captain proceedeth rather from his vertue , then the benefits he hath be●●owed● Necessity also may do much , and chiefly that where no choise is left , but either overcome by armes , or dye in desperation . There is nothing of so great force to hold an Armie united , as the reputation of the Captain , which proceedeth only from his vertue ; for neither Dignity nor Authority without Valor can work that effect . The first care that a Captain must have , is to hold his Soldiers well punished and paied ; for where payment faileth , punishment ought not to be inflicted : and consequently no reason it is to punish him for robbery , whom want of pay enforceth to shift ; but where the Soldier is payed , and not punished ( offending ) then will he without respect become insolent towards his Captain● whereof insue Mutinies , Discord , and utter Ruine It is a custom very honorable not to promise more then thou wilt assuredly performe : yet true it is that whosoever is denied ( though justly ) doth rest illcontented ; for men indeed are not governed by reason : otherwise it is for him that promiseth : and so good promises shall stand in stead of performance ; besides that , he may find excuse enough , because the most part of men are so simple , that faire words alone have power to abuse them , cheifly when they proceed from a person of Reputation and Authority . The best way therefore is not to promise precisely , but entertain the Suitors with answers general , and full of good hope : yet not such as shall directly and absolutely bind . The greatest and most material displeasures that use to arise between the Nobility and People , are caused by the diversity of humors , the one laboring to command , the other endevoring not to obey ; so as all troubles and disorders in every Commonweale do thereof receive nutriment . The City which is maintained rather by Factions then Lawes , so soon as one Faction is become strong and without opposition , the same of necessity must be divided in it self : for those particular causes which were at the first taken , are not of force enough to maintain it . It is the nature of men not to indure any discom●odity , unless necessity do thereunto enforce them : which may apparently be perceived by their habitations ; for as the feare of Warr draweth them to places of strength ( for their defence ) so that perill being past , they do for the most part remove themselves to inhabit Countries of more commodity and profit . It may seem strange , and no even measure ( yet approved by experience ) that where many of●end few are punished . Also petty errors are severely corrected● but great and grievous crimes be rewarded . In like manner , where many receive wrong , few seek revenge . For injuries universal , are with more patience then particular offences endured . All or the greatest part of men that have aspired to riches or power , have attained thereunto either by force or fraud : and without they have by craft or cruelty gained , to cover the foulness of their fact , they call purchase as a name more honest . Howsoever he that for want of will or wit useth not those means , must rest in servitude and poverty . The reason thereof is that as nature hath laid before men the chief of all fortunes , so she disposes them rather to Rapine then honest Industrie , and more subject to bad then good endeavors : hereof it cometh , that one man eateth an other , and he that is weakest must alwaies goe to the worst . Where necessity forceth , boldness is reputed Wisdom , and in great enterprises perill is not to be made accompt of . For those attempts that begin with danger , alwaies end with honor , or reward ; also from one perill there is no way to escape , but by entring into another . A wise man ought not to desire to inhabit that County where men have more Authority then Lawes . For indeed that Country deserves to be desired where every one may securely enjoy his own ; not that , where with facility it may be taken away ; and that friends for feare to lose their own , are inforced to forsake them . Some Magistrates either by over great zeale or ignorance take a course of Rigor , which being for the present favored , they are ever the more imployed , as men meet to extirpate inconveniences . But thereby the Subjects are often drawn into desperation , and consequently have recourse unto armes , as their uttermost refuge . In this case a wise Prince for appeasing the people is forced to disallow his Ministers , and sometimes also to inflict publick punishment . A Prince naturally suspicious , and having about him persons inclined to envie , is easily induced to mistrust those men that have served him with most sufficiency : which danger they cannot eschew , because they who are worthiest commendation are oftentimes envied by such persons as have access unto the Prince . Who so cannot endure both envy and hate , must re●rain to enterprise great matters : for great honors being desired of many , it behooveth him that aspireth unto them , to be for his dignity envied , and for his Authority hated ; which Authority albeit the same be well used , yet they who hate or envie ( perswading themselves it might be better handled ) indeavor to oppress that power , as fearing it will be worse . Among other things which worketh the inconveniences of Commonweales , Ambition and Desperation are cheif ; of both , Desperation is worst : for Ambition may attend occasion ; Desperation will not , as that cannot endure delaies . Historians desiring to write the actions of men , ought to set down the simple truth , and not say any thing for love or hatred : also to chuse such an opportunity for writing as it may be lawful to think what they will , and write what they think , which is a rare happiness of the time . In commending or disallowing the actions of men it is a course very requisite to consider the beginning , the proceeding , and end : so shall we see the reasons and causes of things , and not their bare events only , which for the most part are governed by fortune . It is a matter of much necessity , that every man , and chiefly a Prince should in his first actions , give some testimony of Vertue ; for falling at first into obloquie , doe he well or ill , all is ill taken . The Custome of the Common people is to judge rather by their eyes then by their eares : which is the cause they allow more of external shew then inward vertue : and true it is , where excellency of mind , and beauty of body concur , the commendation due to such a person is far the greater . Gratior est pulchro veniens è corpore virtus . A Prince or great personage that constantly endureth adversity deserveth great praise : yet greater commendation is due to him that beareth himself modestly in his happiness . For miseries are oft born with patience , but felicity corrupteth . To be descended of Princes or great Parsonages , is a matter of meer fortune , and so to be esteemed : but adoption proceedeth from the Judgment of men ; therefore seemeth incorrupt and seldom abused . It hath been long observed , and is a rule which rarely faileth , that he shall be ever suspected of the Prince in possession , whom men acco●pt worthy to be a Prince in reversion . It hath been a use very ancient to give credit to Astrologers , and other such persons who by their star-learning or blind divination , take upon them to tell of things to come . The reason thereof is that the most part of men beleive that soonest which they least understand ; And if they see the event of a prediction though it hapneth by meer chance to fall out according to that was premised , thereupon they settle so firme an impression , as albeit many other faile , yet the good conceipt of their cunning cannot be removed . Liberality is a vertue which gaineth love , but much are they deceived whom riot in lieu thereof abuseth . To cast away and consume is soon learned , but to give in good order few have the skill . In time of suddain mutiny , conspiracy , and offence of people , the wisest resolution is not to oppose force to prevent fury , but rather give space for the bad to amend , and the good to consent : for treasons prevaile on the sudden , but good Council gathers forces by leasure . Mature deliberation ought ever to be used , but when armes are to determine , speedy execution is the best : because no delay in that enterprise is fit which cannot be commended before it be ended . Who so is pleased to observe the proceedings of men in Authority , shall observe that some of them hold a plain course without respect : others projecting for time to come do forecast how to hold their present good fortune or at least to escape danger : for they mistrusting present prosperity and fearing a change , prepare beforehand some private friends to oppose against publick hatred : whereof may be inferred , that no care is taken of innocency , but every one studieth how to pass without punishment . In Captains and all Military Commanders , three things are required , Vertue , Discipline , and Authority ; but in private Soldiers obedience and courage only sufficeth ; for by due obeying , and no curious scanning the leaders direc●ions are maintained ; and the Army in danger is alwaies most valiant , which before the danger is most quiet . Let the Soldier therefore be well armed and valiantly minded . To advise and dsrect must be the Captains care . It is a matter of no great moment , yet alwaies worthy the noting , that any exterior behavior , or garment presenting pride or greatness , chiefly in persons lately advanced , though no man be thereby interessed or injured , doth move in others a certain offence : for the nature of man is such , as beholdeth the new prosperity of others with an envious eye , and wisheth a moderation of fortune nowhere so much as in those we have known in equall degree with our selves In all enterprises of Warr , ( if present necessity doth not otherwise require ) leisure and deliberation ought to be used ; for often it sufficeth in lieu of Wisdom , ●o take the advantage of other mens folly . All men that are to consider of great actions , ought to be informed whether that which is undertaken be profitable for the Commonweale , honorable to themselves , and easy to be effected : or at least not greatly difficult . Also he that perswadeth● is to be examined whether besides bare words and Counsel , he will joyn his own perill ; and if fortune favour the attempt , to whom the principal glory shall redound . The perils which accompanie private enterprises , are far unlike to those which he doth enter that aspireth to principality . For in private attempts a man may pause or proceed as he will ; But to him that aspires to Empire there remains no middle course , but either by Victory to triumph● as a Prince ; or being vanquished to endure death as a Traytor . Let no man in his prosperity , give much credit to common applause or service assured by any of whom in meaner fortune he hath had no experience : for the base people are learned in no lesson● only without difference of truth or falshood to flatter men in Authority , and with shouts and words of great rejoycing make shew of great affection . As overmuch haste is dangerous , so too great delay oftentimes proveth disadvantagious : for albeit consultation ought to foregoe action , yet to dispute long and in the end reject the advice of either side , or take a middle course ( whith in cases of doubt and danger is worst ) was ever accompted great discretion . There is no course more comely , nor any resolution so well beseeming a wise man , having made proof of his own vertue ( and finding in age no fortune due to such effect ) as to retire himself from the Court and company ; for so shall he shun the inconveniences of contempt and the discommodity of travell ( Jucunda senectuti otia ) yet true it is that whoso hath lived a Prince or governed as a publick person , cannot expect security in a private estate . Whensoever danger draweth near , and terror is at hand , all men look about , but none willingly adventure : For in such cases every man will give Council , but few will take par● of the peril . In Commonwealths where Sects or Partialities he , the Leader of any side is able to kindle Civil War ; yet is he unable to moderate the Victory : For to stir up dissentions and troubles , the worst man most commonly bears the stroke ; but peace and quietness are not established but by men of rare gifts and excellent vertue . It may seem strange and contrary both to courtesie and Christian profession , that men are far more mindful of injuries done unto them , then of benefits received by them . The reason thereof is , that Thankfulness is accompted a burden , but Revenge is sweet , and reckoned a great gain . Of reconciled foes , and such as know that our harms were caused by their means , we oft-times expect favor , as perswaded that new friendship will repair the loss of old displeasure : But the matter doth seldom so fall out ; for the quality of mans nature is ever to hate those whom he hath hurt , and love them whom he hath made beholding . Quos laeserunt oderunt . Tac. To common persons and such as are ignorant in matters of State , every Taxation and Imposition seemeth heavy or superfluous ; yet the wiser sort know , that the end of all publick endeavour is to confirm people in Peace , and Peace cannot be maintained without arms ; nor Arms without Pay , nor Pay without Impositions . As fortunate folk are envied , so are the poor contemned ; which rule reacheth also to Princes : The one lives in Plenty with War , the other in Poverty with Peace . For seldom is it seen , that those people are assaulted where nothing is to be gained , and whose base Beings afford no other spoils then blood and beggery . Wisemen have observed that in matter of State , and the managing thereof , three things are especially to be looked unto : The first is , Occasion ; the second , the ●ntentions of other Men ; the third , our own Affection . For there is nothing that slippeth away so soon as Occasion ; nothing so difficult as to judge what an other man intendeth ; nor any thing more nocent then our own immoderate desires . It hath been ever a course observed by wise Princes , but much more by Aristocraties and Popular States , against Force and Fury of the multitude , to defend themselves with Silver and Gold . How much more it importeth all Princes to lead a vertuous life , and give daily example of Piety and Justice , appears apparantly in the proceedings of the Roman Bishops ; who by the well-doing of some few of them at the first , became greatly honored ; but afterwards they became contemptible : For the Reverence which men did bear to the ●anctity of their lives ●ailing , it was impossible of so contrary Manners and Examples to look for like effects . The success of the War cheifly dependeth on the Reputation of the Prince , which declining , the vertue also of the Soldiers faileth : Likewise the fidelity of the people decayeth , and their money to maintain the War , ceaseth ; contrariwise , the courage of the enemy is increased , they that stood doubtful become resolved , and every difficulty augmenteth . The Authority which Princes give , is chiefly in respect of Wisdom and Valor : Yet true it is , that for the most part , they accompt them the wisest men that can best accommodate themselves to their humor . The greatest distress and difficulty which can come to any Army , doth proceed of these causes : Want of money , scarcity of victuals , hatred of people , discord of Captains , disobedience of Soldiers , and their flying to the enemy , either of necessity or freewil . A Prince or great Magistrate having long maintained the reputation of Wisdom and Vertue , must take heed that no rash or dangerous resolution do taint the Honorable Fame of his former life : For to be t●ansported with anger against his own profit , is lightness ; and to esteem small dangers more then great , is want of judgment . A Prince or Person of great estate , must be wary not to inure the conceit of double-dealing : For little sincerity and trust is looked in his actions , of whom there is an opinion of craft and falshood conceived . Experience hath always proved , that whatsoever the most part of men desire , rarely cometh to pass : The reason hereof is , that the effects of Humane actions commonly depend on the will of a few ; and their intentions ever differing from the greater number● the end and success cannot be other then as pleaseth the few that are to direct them . There is nothing more dangerous then to enterprise a War , or other actions of importance upon popular perswasion ; for such expectations are vain , and such designs fallible : Also the Fury of the multitude is great , when danger is little or far off ; but perils growing great and near , their courageth quaileth● as they whose Passions have no rule or measure . It is strange to see how apt men are to doubt displeasure threatned by enemies , cheifly when they draw near ; for the people do naturally over-much fear dangers at hand , and esteem less then is fit of things present : Also to make small accompt of those that are far from them , because divers remedies may be hoped as well by time , as other accidents . The offensive words or answers of indignation , proceeding from great Princes , ought never to admit displeasure into the mindes of them against whom they are spoken : For having by Speech uttered a great part of Choler , the edge of their Deeds becomes the calmer , and more easily appeased : Such is the condition of noble and generous Spirits . To judge right of other mens merit , seems of great difficulty ; for time and tryal is thereto required ; also it is not easie to answer the expectation of men , but oft-times inconsiderate , and not measured in due proportion . It is a part of great discretion to divide the seasons of Affairs and Vacations : For as it fitteth well a Prince or Person of Dignity in times of Audience and Judgment , to be grave , heedful , and austere : So those Offices performed , all shew of authority and sad looks ought to be set apart ; for by that means , neither courteous behavior shall detract from the Reverence due to his place , nor severity diminish the love which to his Behavior appertaineth . Magistrates must look into all things , but not exact all things to rigor . Light faults may be pardoned , but great offences severely corrected ; yet not always proceeding to punishing , but oft contented with repentance . To be bitter in rebuking is also fit for a Magistrate , shewing himself sowre to the bad , and sweet to the good ; framing both Countenance and Condition according to the merit of men ; and be perswaded that it is more honest to offend , then to hate . Soldiers must be encouraged in all Fortunes to stand resolved , and not to be danted with any passed misadventure ; ever attending a time and opportunity of revenge ; which commonly cometh to passwhere mens mindes are united : For common danger must be repelled with union and concord . Among other reasons wherewith Soldiers are encouraged , Necessity and Distress doth oft inforce them : For as men of vertue perform the actions of Arms for Honor , so the coward must do them for his security . All Enterprises attempted by Arms , are honorable ; but those that are done in Countreys remote , are more praisable : For the less they be in knowledge , the greater is the glory to atchieve them . To be truly and faithfully loved , is a thing greatly to be desired ; for Terror and Fear are weak works of Affection : For they being taken away , he that ceaseth to fear , will soon begin to hate ; and as they that by force are kept under , obey with ill will ; so they that govern without Line justly , rule against Right . Some men either deserving to be accompted of excellent wisdom , or singular in that skill whereof they make pro●ession , do ordinarily love the proceedings of others , taking that advantage of their ill success ; yet sure it is , that Disaster and unhappy Event of some Actions , proceed not of disorder , nor Humane imperfection , but from a certain fatal Fury , which neither Council nor Constancy of Men can withstand . It is a matter of much difficulty , or rather impossible for any Prince to maintain the Law , Civil or Military without severity : For where men hope to be easily pardoned , there are they apt to offend . Contrarily where mens actions are precisely fitted , there do they live in over great aw , and Hatred doth always accompany such Severity . The best course therefore is to punish offences severely , and reward vertuous Merits liberally ; so shall Fear be converted to reverend respect , and none have cause to complain : For as it lies in each mans power to shun offending , so is it in their power also to deserve well , and merit reward . Whosoever after mature deliberation , hath resolved what course to hold in the Action he hath in hand , must not after repent or fear any difficulty : For such thoughts would break the vigor of the Minde , and impeach the proceedings of that which was resolved . And albeit some differences do happily arise , yet must he believe that every other course would have been accompanied with the same or greater impediments . Yong men for the warmness of their Blood , and for not having before-time been deceived by Fortune , more willingly enterprise Actions rather honorable then severe . But old men as well for that their heat is cooled , as also for having attempted many things in vain , make choice of Enterprises severe rather then those that are followed with Fame and Glory . The greatness of one Prince is nothing else but the ruine and distress of another : Likewise his strength is the weakness and oppression of others . Some Conquests are of such quality , as albeit a victorious Captain merit triumphal Honor ; yet a modest refusal becomes his greater glory . The Dignity of Magistrates is not assured without Arms ; for when Obedience faileth , no other means is left to continue a people united . As willing Obedience in Subjects is the Princes strength , so is the same their own security : For as by the Princes Authority the people are governed , so by their consent he is maintained . Three things men covet with immoderate desire , Lands , Riches , and Honors ; but as seldom they compass their full content , so are they for the most part to endure a destiny far other then they wished . Strange it is , yet by experience proved true , that in time of danger , Fortune or ( rather Destiny ) so much amazeth the judgment of wise men , as seldom they conceive what resolution is best to be taken . No great Free-City can long continue quiet , unless the same be used to foreign assaults : For wanting foes without , some inward enmity will arise , not unlike to strange bodies of men , which being secure from external injury , are nevertheless by their own poise oppressed . As every Pilot of ordinary skill knoweth in calm and quiet Seas to direct the course of his Ship ; so every Governor of capacity doth understand how the affairs of State are in peaceable times to be handled : But when Tempests are , and Subjects bent to Sedition ; the one requires an excellent Sailer , the other the aid of some excellent Wisdom . It oft happens , that publick Duty is opposite to private Friendship ; so as we are either forced to omit the Offices due to our Countrey , or draw our dearest friends into danger : In which case we are to prefer publick respect , before particular Obligation . The nature of base people is such , as either they obey slavishly , or command insolently : For liberty being the mark whereat they aim , is by them of that quality , neither moderately desired , nor discreetly continued ; and always there are some seditious Leaders to be found , who of disorder are inclined to kindle the ire and offence of ignorant people . Dux rebu● motis , facile invenitur . Salust . Experience hath oft proved , that Men in best Fortune , and such as esteem themselves most secure , even then fall soonest into disadventure , because those dangers unfeared be as it were contemned , and not regarded . To enter needless dangers , was ever accounted Madness , yet in times of extream peril and apparent distress , bold and hazardous attempts are greatest security . The divers Adventures which happen to men , may well inform that much better it is , cheifly in Arms , to be governed by Reason then by Fortune . A certain Peace is ever accounted better security then Victory hoped or expected . Melior tutiorqu●●●rta pax quàm sperata victoria . Livi. If to our Prosperity God were pleased to add the Grace of Wisdom , we should thereby judge not onely of what is past , but also of all that can succeed hereafter . Rarely or never can we consider truly of worldly proceedings , unless first we have felt the deceits of Fortune . Discord or Dissention in any State or City , offers opportunity to such men as are ambitious to work their will : For the humor of Sects and Partialities is such as the weaker Faction doth ever chuse rather to call for aid of strangers , then yield to the Dominion of an adverse party . Ancient Customs may not violently and suddenly be taken away . Fortune which altereth all things , will by little and little wear them out of use . To be oft in fight , and converse much with men , breedeth a kinde of Satiety : therefore it behoveth persons of great estate and Authority to be retired● le●t over-much familiarity should detract from the reverence due to honorable Estate . The natures of men not content to live according to their Fortune and Birth , are of all others most prone to Envy ; because they hate the vertue and welfare of all such as are in estimation above them . Great heed is to be taken , that no Citizen or Subject , be suffered to aspire to such greatness , as cannot be forced to obey the Laws ; and no order there is of more necessity , then that every man of what quality soever , may be without respect accused and judged . For conservation of particular Greatness and Dignity , there is nothing more noble and glorious , then to have felt the force of every Fortune . It is the quality of wise men onely , to know how to use Prosperity , and never to trust too much to the favors of present Happiness . A man well advised in his Prosperity , beareth not himself towards others either proud or violent ; nor must he believe in his own present felicity , for the Day knows not what the Night bringeth : He onely is to be reputed a man , whose minde cannot be puft up by prosperity , nor dejected by any adverse Fortune . Men of Cholerick humor are easily moved with insolent Speeches , but wise men laugh them to scorn . The way whereby a Prince eschues the hate of Subjects , is , hot to take from them their Lands or Goods ; yet albeit the blood of some few be tainted , unless the same be accompanied with Confiscation ( which a Prince is rarely forced to use ) it seldom causeth him to become odious . A Rule most certain it is , that he who commands any thing unpleasing , must by severe means cause it to be observed ; and who desireth to be obeyed , must know how to command : And he onely knows how to command , that doth compare his own force with those that are to obey ; wherein finding a proportion , then he may boldly proceed , otherwise forbear . In Actions of difficulty great courage is to be used , and who so compasseth any thing by violence , cannot maintain it by mildness , nor command by affability : He therefore that is of nature soft , should do best to refrain all extraordinary commands , and in matters ordinary imploy the vertue of his milde spirit ; because ordinary punishments are not imputed to the Prince or his Magistrates , but to the Laws and Ordinances of State . When Necessity presseth , desperation is deemed Wisdom , and generous mindes do not accompt of danger , because those attempts which begin with peril , do for the most part end with glory . He that endeavors to be good among many that are evil , or will uphold that which those labor to pull down , of Force worketh his own undoing . All Commonwealth● alter from order to disorder , from disorder to order again ; for Nature having made all worldly things variable , so soon as they have attained their utmost perfection and height , they must descend ; so from good they fall back to evil , and from evil they return to good . War begets quiet , quiet idleness , idleness disorder , disorder ruine ; likewise ruine order , order vertue , vertue glory and good fortune . Wise men have observed , that Arms were before Learning , and Captains before Philosophers ; for good and well regulated Armies having gained victory , established rest and security , whereof the Study of Letters and Liberal Sciences ensued . That Country deserveth to be loved of all men , which loves all men indifferently , and not that Countrey which respecting the best part , advanceth a few : No man therefore is to be blamed , if for such cause he desire rather to abandon then embrace his Countrey . Commonwealths are Bodies mixt , yet have they of Bodies simple some resemblance : And as in these , many infirmities grow , which without violent Medicines cannot be cured ; so in the other many mischiefs arise , which a good and godly Patient should offend to leave uncured , though therein be use both force and fire . Those Wars be most just which are most necessary ; and those Arms are most merciful where no hope of help remains but in them onely . In Actions which promise either publick glory , or private honor , men may be reasonably perswaded to adventure life and living , because great hope there is to die with Reputation , or live to recover that Peace which War hath consumed : But where men are no less oppressed by insolency of Commanders , then by insolency of Foes , there is the calamity doubled , and of two evils the danger of War seemeth least ; for that hath end , the other is infinite . Who so perswades himself to be no less esteemed in evil then good Fortune , is deceived : For promises made , during distress , are rarely performed , unless the same necessity continue . The intent of every Prince , or other State that makes War , is to inrich himself , and impoverish the enemy : Neither is Victory for other occasions sought , nor the possessions of the enemy to other end desir'd , then to make themselves mighty , and their enemy weak . It follows then , that so oft as the victory impoverishes them , or the gains weaken them , either they pass or come short of that mark whereat the War was aimed . Ancient and wel-governed Common-wealths were wont by their Conquests to fill the Treasuries with Gold and Silver , to give reward to Soldiers , to spare the people from Tributes , to make Triumphs and Publick Feasts : But in later times the Wars have used , first , to consume the Treasure , and after impoverish the people without assuring them from their enemies . A Prince or State that leaves promises unperformed , by reason of unexpected impediments , and for no ill intent , ought not to be blamed : Neither are such accidents any just cause or colour why friends should abandon their confederates . Where Magistrates govern justly , Subjects obey dutifully ; where private persons grow rich , and Princes enlarge their Empire ; there is the Commonwealth blessed , and the people fortunate . CHAP. XXVI . Maximes ●f State , or Prudential grounds and Polemical Precepts , concerning all Estates , and forms of Policie in times of Peace or War , &c. confirmed by select Narations , and Historical Parallels . ALL Cities and Towns of State are b●ilded either by people dwelling in or about the place where they are builded , or else they are made by strangers : Of the first are Athens and Venice , of the other Alexandria and Florence . The fortune of every City builded , and vertue of the builder , appeareth by choice of the place , and quality of Laws : for as fertile places occasion men to be slothfull , unless by good laws they be forced to labor , so barrenness compells them to industry ; which reason induceth wise men to plant habitations in either : Examples of the first are Ferrara and Rome , of the second Ragus● and Genoa . All Laws whereby Commonwealths are governed were either made by some one excellent man , and at an instant ; or else they were ordained at sundry times according to such accidents as befel . Example , the laws of Sparta made at the beginning Lycurgu● , the laws of Rome at sundry times . The government of every City in time becomes corrupt ; Principality changeth into Tyranny : the Optimacy is made the government of the people ; and the Popular estate turns to licentious disorder ; which instability or alteration moved some Law-makers to take order that in the government of their City there should be a mixture of all three , and was the cause that t●e policy of Sparta continued ●00 years , when the popular State of Athens endured not one hundred . Example , the laws of Sparta made by Lycurgus , and the Laws of Athens by S●lon . Whoso taketh in hand to frame any State or government , ought to presuppose that all men are evil , and at occasions will shew themselves so to be . Example , the envy of the people of Rome to the Nobles , and their Insolency towards them appeared not so long as the Kings governd ; but the Tarquins being banished , opportunity was thereby offerd that the malice of the one and the other became discovered . The divers honors of the Nobility and people , the one desiring to command , the other not to obey , are the cause of continual troubles , unless some third mean there be of more authority then either , to bridle the force of both . Example , The Kings in Rom● expulsed , forthwith arose much mutiny , and could not be supprest till the Tribum Plebis were created ; whose authority wrought the same effect which the Kings had done . Some States endeavor to enlarge their dominions , and some others labour only to maintain that estate they antiently possest . Example of the first was the City of Rome , of the second Sparta . All States desiring to live at liberty , think fit that every man should be permitted to accuse any Citizen that offendeth , which manner of proceeding works two excellent effects : First that the people should not dare for fear of accusing to attempt ought against the State ; or if they do , they shall be presently and without respect punished . Secondly by liberty of accusing , every man hath meanes to utter the offence wherewith he can charge others , which he could not ; unless it were lawfull to take such an ordinary course , and consequently be driven to ways extraordinary , particular revenge , or callingin forreign forces . Example , Coriolanus and Appius , Claudius at Rome , Lucannone at Chinsi , Francisco Valeri in Florence . A accusations are in every State necessary , so slanders are dangerous , and worthy of punishment ; the difference betwixt accusations and slanders , is , that the one is publickly performed before Magistrates , with good proofs and Witnesses to maintain the truth of the accusation ; but slanders are as well publickly performed as dispersed in secret and places of repair without Witness and Justification , so as every man may be slandered , but few are orderly accused . Example , Appius Claudius accused by L. Virginius ; Furius Camillus , slandered by Manlius Capitoliuus . The only meanes to suppress Slander is , to give authority to some persons of repute to compel every slanderer to become an accuser ; and if the accusation prove true , then to reward the accuser , or at least not to punish him . Example Manlius the slanderer of Camillus for his untrue information punished . A rule most certain and assured it is , that every Kingdom and State at the first well framed , or after well informed , doth take the perfection thereof from the wisdom of some excellent man , who ought not to be blind though in a matter of great moment he happily useth some extraordinary violenc or proceedings ; for he that employeth force to mend and not to mar , deserves commendation . Example , Romulus , Lycurgus , Cleomenes . There lives no man so simple or wise , so wicked or well disposed , but prefers those persons that are praisable , before those that are blamable : notwithstanding for that well near all men are beguiled in discerning what indeed is good , deeming that honorable which in truth is otherwise ; they suffer themselves either willingly or ignorantly to be carried into a course which merrits rather infamy then commendation . Example , every man wisheth himself Timoleon or Agesilaus , rather then Dionysius or Phalaris ; rather a Titus or Trajan , then Caligula or Vitellius . Who reads Histories treating of great Actions shall perceive that good Princes indeed are more secure and better defended by the love of the People , and Fidelity of Counsellers , then were they that entertained many Legions and Men of War . Example , of all those Emperors which raigned after C●esar untill Maximi●us the greatest number were for their vices taken and slain , only Galba and Pertinax excepted who were good Emperors . A Prince of great knowledge both in Armes and Wisdom so firmly setleth the foundation of Government , as albeit his successor be of the less vertue ; yet may he be maintained even by the memory of his predecessor : but if it happen that the third Prince prove not more like the first then the second , then all that is past goeth to ruine . Example , The Martial Valor of Romulus was the cause that Numa might governe safely in peace : which Tullus could not have done , had he bin unlike to Romulus ; nor should Bajazet Emperor of Turky have enjoyed the state of his Father Mahomet and left the same to his posterity , if Selim his son had not been more like to his Grandfather then to Bajazet his Father . The succession of two excellent Princes , cheifly if they be of long life , works wondrous effects : the like is seen in Optimacies or Popular States , where the Governors successively elected be men of great vertue and understanding . Example , The first appeared in Philip of Macedon , and Alexander his Son , the second in the Consuls of Rome . In every State where Soldiers are not , the fault thereof proceeds from the Governors . Wise Princes were therefore wont even in times of Peace to cause warlick exercises to be used ; for without them the most warlick nations become not only ignorant in Martial knowledge , but also effeminate . Example , Pelopida● & Epa●i●ondas in Thebes , and King Tullus in Rome as well in peaceable as troublesome times used exercise of Armes . No Prince or State well advised , hazards his whole estate upon the valor of some few persons , nor ought to strength of straight places where the Enemy is to pass . Example , Tully King of Rome , & Metius King of Alba , condiscended that three of their Nobility for either side chosen should enter Combate , and that Nation which were victorious should command the other . Francis the French King going to recover Lombardy , was by the Switzers attended into two or three places in the Mountains , hoping there to repulse him , but the King taking another way , passed securely and prevaild . Every State well governed doth reward men of good merit , and punish all offenders ; and if any person of good desert shall wilfully be a delinquent , the same man ought notwithstanding his former service , be punisht . Example , The same Horatio that in Combat gained the victory against the Albani , having insolently slain his own sister , was notwithstanding his egregiou● Act and the fresh memory thereof , called into triall of his life , and with great difficulty obtained pardon : and Manlius who had with great glory saved the Capitol , for moving sedition in Rome , was after from the same cast down headlong . Every wise man having performed any great service to his Prince or Country , ought to be content with such recompence as it shall please the Prince or Country to bestow : measuring the same according to the Power of the giver , and not the merit of him that receiveth . Example , Horatius Cocles for having lost his hand in defence of the bridge of Rome , and Mutius Scaevola suffering his hand to be burnt for his attempt to kill King Porsenna , were rewarded with a small portion of Land ; and Manlius that defended the Capitoh from the Galleys , had no greater reward then a little measure of meale . Ingratitnde is a vice so natural and Common , as not only private persons , but Princes and States also either through covetousnes or suspition are therewith infected . Example , Vespasian proclamed Emperor , was chiefly aided by Antonius Primus , and by his helpe prevailed against Vitellius ; in reward of which service Vespasian removed him from the command of his Army and gave that honor to Mutianus . Consalvo Ferranoe having taken the Kingdom of Naples from the French , was first remov'd from his Command of the Castles and Soldiers , and in the end brought into Spain where in disgrace he ended his life Collatinus Tarquinius who with the aide of Bru●us suppressed the Tarquins of Rome , and with him Pub●Valerius were banisht for no other cause but for being of the name of Tarquin , theother because he built a house upon mount Coelio . All Errors that great Captains commit , are either wilfull or ignorant , towards the one and the other of which offenders to use greater lenity then the quality of their offences deserves , seemeth necessary : for men of honor suffer nought by the infamy which evill service doth bring . It is also to be considered that a great Captain being cumbred with many cares , cannot proceed in his actions couragiously if he stand in daily doubt to be punisht for every error that hapneth . Example , Sergius and Vi●gi●ius were before Veio , the one part of the Army on the one side of the City , the other not far from the place . Sergius being assaulted by the Falisci was not aided by Virginius , neither would he require his help , such was the envy the one bare to the other ; and ●onsequently their offence is wilful and worthy of capital punishment . Likewise when Varro by his ignorance , received an overthrow by Hannibal at Cann● , he was nevertheless pardoned and honorably welcomed home by the whole Senate . Whensoever an inconvenience ariseth within or without the State , it seems a resolution more sure to dissemble the knowing thereof , then to seek by sudden violence to suppress it . Example , Cosmo de Medices having gained extraordinary reputation in Florence , the Citizens imagined , that to suffer the same to increase , was dangerous , and therefore they banished him : Which extream proceeding , so offended the friends of Cosm● , being the stronger , as they forced the Citizens to revoke him , and make him Prince of that City . The like hapned in Rome , where Caesar for his vertue , much admired and followed , became afterwards to be feared● and they that feared , not considering their force to be inferior to the power of Caesar● endeavoring to oppress him , were the occasion of his greater glory . In every Republick , an excessive Authority given to one or two persons for long time , proveth dangerous , cheifly when the same is not restrained . Example , The Dictatorship given to Caesar for life , was an occasion to oppress the Liberties of the R●mans . The same effect was before that time like to follow the Decemvirat● , by suffering Appius Claudiu● to prolong the time of his Dignity . The Ambition of Men is such , as rarely they will obey when formerly they have commanded ; neither do they willingly accept of mean Office , having before sate in higher place : Yet the Citizens of well-governed States , did not refuse as well to obey as command . Example , The victory the Romans obtained against the Veienti , Q. Fabius was slain , having the year before been Consul : Nevertheless he then served in meaner place under C. Manilius , and M. Fabius his own Brother then Consul . There is nothing more strange , yet by experience proved true , That men in adverse Fortune be much grieved , and in prosperity also discontented ; which is the reason , that not being forced to fight for necessity , they will nevertheless contend for Ambition ; and that humor doth as well possess those that live aloft , as others whom Fortune holdeth down . Example , The people of Rome having by the Authority of the Tribunes obtained to make themselves secure from oppression of the Nobility , forthwith required , That the Honor and Office of State might be also imparted unto them . The like Ambition moved them to have their part of Lands by force of Lex Agragia , which was at last the overthrow of the Roman liberty . It seemeth that people displeased with some Innovations hapned in the State , do sometime without just Reasons complain of those that govern : Not unlike to a sick man who deemeth that the Physician , not the Fever , is the cause of his grief . Example , The people of Rome were perswaded that the Ambition of Consuls was the cause of continual War , therefore required that no more Consuls should be● yet were they content that certain Tribunes should command with like Authority , so was nothing altered in the Government but the Governors title , which alone did content them . Nothing can corrupt and alter the nature of man so much , or so soon as the immoderate desire of Honor● in so much as men of honest mindes and vertuous inclinations are sometimes by Ambition , drawn to abuse that goodness whereunto they are inclined . Example , Appius Claudius having lived long an enemy to the Multitude , hoping by their aid to continue his Authority of the Decemviri in Rome , became their Friend , and disfavored the factions of great men . Likewise Q. Fabius a man of singular vertue , being also called to that dignity by Appius self , adulterated his nature and became like unto him . Seldom or never is any people discontented without just cause ; yet if happily they be asked whereof their offence proceedeth , many times for want of some fit man to pronounce their grief , they ●●and silent . Example , The Romans at the death of Virginia , were gathered together armed upon Mount Sacr● and being asked by the Senate , for what cause they so did ? no answer was made ; until Virginio Father of the Virgin had procured , that twenty of the Tribunes might be made to be as head of the p●ople , and confer with the Senate . A great Folly or rather meer Madness it seemeth to desire any thing , and tell before-hand that the end and purpose of the desire is evil ; for thereby he sheweth reason why it ought not to be granted . Example , The Romans required of the Senate that Appius and the rest of the Decemviri should be delivered into their hands , being determined to burn them all alive . The first part of their request seemed reasonable , but the end thereof unreasonable . A course very dangerous it is in all States , by continual accusing and punishing , to hold the Subject in doubt and daily fear : For he that stands always looking for some trouble , becometh careless and apt to attempt innovation . Example , The Dec●mviri being opprest , the Tribunes authorised in their place , endeavored daily to call in question the most part of the Dec●mviri , and many other Citizens also , whereof great inconveniences arose , and much danger would have ensued , had not a Decree propounded by M. Duillius been made , that for one year no Roman Citizen should be accused . Strange it is to see how men in seeking their own security , lay the injuries which they fear u●on other men ; as though it were necessary , either to offend or be offended . Example , The Romans among themselves , united and strong , always endeavored to offend the Nobles ; and the Nobles likewise being perswaded they were strong , labored to oppress the people : Which humors were the cause of continual troubles . To make estimation and choice of men fit to govern , the best course is to consider in particular ; otherwise it might be imagined● that among the Multitude or meaner people , they being the greatest number , might be found some persons of more perfection . Example , The people of Rome desiring that the Consulship might be given among them as men of most merit , did by all means endeavor to obtain that honor ; but being come to election , and every mans vertue particularly considered , there could not be among the Multitude onel● one found fit for so great a place ; and therefore the people themselves consented , that the dignity should still remain as it was . To perswade a Multitude to any enterprise , is easie , if that which is perswaded , doth promise either profit or honor ; yet oft under that external apparence li●s hid loss or disadvantage● Example , The Romans perswading themselves that the slow proceeding of F●bius Maximus in the War , was both chargable and cowardly , required● That the General of the Horse might direct the War ; which course had ruined Rome , if the wisdom of Fabius had not been . Likewise when Hannibal had divers years raigned in Ital● , one M. Centenius Penula , a man of base birth , yet a Soldier o● some repute , undertook that if he with such Volunti●rs as would follow him , might have authority to fight , he would within few days deliver Hannibal either alive or dead : Which offer was by the Senate accounted rash , yet for fear to offend the people , granted ; and Penula with his Soldiers was cut in pieces . To appease a Mutiny or Tumult in any Camp or City , there is no means more speedy or successful , then if some person of great quality and respect , present himself to the people , and by his wisdom lay before them the damage of their Discords , perswading them to Peace and Patience . Example , The faction of the ●rateschi and Arratiati in Florence ; the one ready to assault the other . Francisco Soderini Bishop of V●terra in his Episcopal Habit , went between the parties and appeased them : Also Count Egremont by the Authority of his wisdom and presence , supprest a great mutiny in Antwerp between the Martinists and Papists . A people corrupted , do rarely or never observe any Order or Ordinance , unless by force of some Princes power they be thereto inforced ; but where the Multitude is incorrupt and religious , all things are done justly , and without compulsion . Example , Camillus at the victory against the Urienti , vowed that the tenth part of the pillage should be offered to Apollo ; but the Senate supposing that the people would not consent to so great a Contribution , studied to dispence with that vow , and to please Apollo and the people also by some other means : Whereat the people shewed themselves openly offended , and willingly gave no less then the sum formerly decreed . When the Free-Cities of Germany are occasioned to make money for any Publick Service , the Magistrates impose One or two in the hundred on every City , which done , every one is sworn to lay down so much as in his own Conscience he is able ; and he with his own hand , no other witness being present , casteth the money into a Coffer prepared for the purpose ; which he would not , if his own Conscience did not inforce him . When any extraordinary occasion happens to a City or Province , some prodigious voice is heard , or some marvellous sights are seen . Before T. Gracchus General of the Roman Army was betraid by Flavius Lucanus , the Aruspices discovered two Serpents eating the Entrails of the Beasts sacrified ; which done , they vanished : which vision as they divined , prognosticated the Generals death : Likewise F. Savanar●la foretold the coming of King Charls the Eight into Italy : And M. Sedigitus when the Galls first came towards Rome , informed the Senate he heard a voice much londer then any mans , crying aloud , Galli veniunt . The multitude of base people is naturally audacious and apt to innovation ; yet unless they be directed by some persons of Reputation and Wisdom , rarely do they joyn in any action of great import . Example , The Romans when their City was taken and sackt by the Galls , went to Veio with determination to dwell there : The Senate informed thereof , commanded that upon great pain , every Citizen should return to Rome , whereat the people at first mocked ; but when every man particularly within himself considered his own peril , all in general determined to obey the Magistrates . In the employment of Men for Service , neither Age nor Fortune ought so much to be regarded as Vertue ; for yong men having made tryal of their valor , soon become aged , and thereby either unapt or unable to serve : Therefore well-governed Commonwealths , preferred Military Vertue before any other respect● . Example , Valerius G●rvinus with others made Consul the Three and twentieth year of his age , and Pompey triumphed in his youth . No wise or well advised Prince or other State will undertake without excessive Forces to invade the Dominions of any other Prince , unless he assure himself of some Friends there to be a Mean , and as it were a Gate to prepare his passage . Example , The Romans by aid of the Sagu●tines entred Spain , the Aetoli called them into Greece , the H●diai into France : Likewise the Palaeologi incited the Turk to come into Thrace ; and Ludovicus Sforza occasioned Charls the French King to come into Italy . A Republick desirous to extend the bounds thereof , must endeavor to be fully furnished with Inhabitants , which may be done both by Love and Force : Love is gained by suffering strangers to inhabit the City securely ; and Force compels people to come thither , when other Cities and Towns near at hand be demolished or defaced : And impossible it is without this order of proceeding , to enlarge any City or make the same of greater power . Example , The Romans to enlarge their City demolished Alba , and many other Towns , and therewith also entertained all strangers courteously : So as Rome grew to such greatness● that the City onely could arm Six hundred and forty thousand men ; but Sparta or Athens could never exceed Twenty thousand , for that Lycurgus had inhibited the access of strangers . A Commonwealth that consumes more Treasure in the War , then it profits in Victory , seems to have rather hindred then honored or inriched the State . A wise Captain therefore in his actions , ought as well to profit the Republick , as to gain to himself glory . Example , the Consuls of Rome did seldom desire Triumph , unless they returned from the War loaden with Gold , Silver , and other rich spoils fit to be delivered into the Common Treasury . All Foreign Wars with Princes or other States taken in hand , be either for Ambition or Desire of glory , or else for necessity . Examples , the Romans for their Ambition conquered many Nations , with intent onely to have the obedience of the people ; yet did they suffer them to hold possession of their Houses , and sometimes they were permitted to live onely with their old Laws . Likewise Alexander the Great endeavored to suppress many Princes for his glory , but did not dispossess the people , nor kill them . Otherwise it is where a whole Nation● inforced by Famine or Fury of War , abandon their own dwellings , and are forced to inhabit elswhere . Example , The G●ths and other people of the North invaded the Roman Empire , and many other Provinces , whereof their alteration of names did ensue ; as Illyria now called Slavonia , England formerly named Britain . A common conceit and saying it is● That Money makes the War strong , and is the force and sinews thereof ; as though he who hath most Treasure , be also most mighty ; but experience hath apparently shewed the contrary . Example , After the death of Alexander , King of Macedon , a mul●itude of Galls went into Greece , and being there arived , sent certain Ambassadors to the King , who supposing to make them afraid of his power , shewed them his treasure , which wrought a contrary effect ; for the Galls before desirous of Peace , resolved then to continue the War , in hope to win that mighty mass of Money● Likewise Darius should have vanquished Alexander , and the Greeks might have conquered the Romans , if the richer Prince might ever by his Money have prevailed . Every League made with a Prince or Republick remote , is weak and rather aideth us with Fame then Effect , and consequently deceiveth all those that in such Amity repose Confidence . Example , The Florentines being assaulted by the King of Naples and the Pope , prayed aid of the French King , who being far distant , could not in time succor them ; and the Cedicini desiring aid of the Capuani against the Samnits , a people of no force , were deceived . A Prince whose people is well armed and trained , shall do better to attend his enemy at home , then by invasion to assault his Countrey : But such Princes whose Subjects are disarmed , had need to hold the enemy aloof . Example , The Romans , and in this age the Swisses , being well armed , may attend the War at home ; but the Carthaginians and Italians being not so well furnished , did ever use to seek the enemy . The Plurality of Commanders in equal Authority , is for the most part occasion of slow proceeding in the War . Example , There was at one time in Rome created four Tribuni Militares with authority of Consuls , viz. T. Quintu● after his Consulship , Cajus Furius , M. Posthumus , and A. Cornelius Cassus , amongst whom arose so much diversity and contrariety of opinion , as nothing could be done till their authority ceased , and M. Ae●ylius made Dictator . A Victory obtained by any great Captain with the Authority of his Princes Commission , Counsel , and Directions , ought ever to be imputed rather to the wisdom of the Prince , then the valor of the Captain : Which made the Emperors of Rome to permit no Captains ( how great soever his victories were ) to Triumph , as before that time the Consuls had done ; and even in those days a modest refusal of Triumph was commended . Example , M. Fulvius having gained a great victory against the Tuscans , was both by the consent of the Senate and people of Rome , admitted to Triumph ; but the refusal of that Honor proved his greater glory . All they that from private estate have aspired to Principality , either by Force or Fraud become thereunto , unless the same be given , or by inheritance descended : Yet it is rarely seen , that Force alone prevaileth , but Fraud without Force oft times sufficeth . Example , Agathocles by such means became Prince of Syracusa ; John Galeazzo by abusing his Uncle Barnabas , gained the Dominion of Lombardy ; and Cyrus circumvented Cyaxares his Mothers Brother , and by that craft aspired to greatness . Sudden Resolutions are always dangerous ; and no less peril ensueth of slow and doubtful delays . Example , When Hieron Prince of Syracusa died , the War even then being in great heat between the Romans and Carthaginians , they of Syracusa consulted , whether it were better to follow the Fortune of Rome or Carthage . In which doubt , they continued until Apollonides a chief Captain of Syracusa laid before them● that so long delay would make them hated both of Romans and Carthaginians . Likewise the Florentin●s being by Lewis the Twelfth required to give his Army passage towards Naples , mused so long upon answer , that he became their enemy , and they forced to recover his favor full dearly . To govern a State is nothing else but to take such order as the Subjects may not , or ought not offend ; which may be done , either by removing from them all means to disobey , or by affording them so great favors , as reasonably they ought not to change their Fortune ; for the mean course proveth dangerous . Example , the Latins being by the valor of Camillus overcome , yeelded themselves to endure what punishment it pleased the Romans to inflict . An ingenious and magnanimous answer being made unto wise Magistrates , doth oft obtain both Pardon and Grace . Example , When the Privernates had rebelled , and were by force constrained to return to the obedience of the Romans , they sent certain of the City unto Rome to desire pardon ; who being brought before the Senate , one of the Senators asked the Privernates , what punishment themselves did think they had deserved : The same , quoth they , which men living in freedom , think they are worthy of . Whereto the Consul thus replied , Quid si p●enam remittimus ? Qualem nos pacem vobiscum habituros speremus ? The P●ivernates answered , Si bonam dederitis , & fidel●m & perpetuam : Si malam , haud diuturnam . Which answer was thought to proceed from generous men , and therefore they were not onely pardoned , but also honored and received into the number of the Roman Citizens . All Castles , Fortresses , and Places of strength , be made for defence either against the enemy or Subject : In the first case they are not necessary , in the second dangerous . For thereby the Prince may at his pleasure take occasion to insult upon the Subject● when much more seemly he might settle his estate upon the love and good affection of Men . Example , The Castle of Millan made by Duke Francisco ●●orza , incited his Heirs to become insolent ; and consequently they became odious ; which was also the caus● that so soon as that City was assaulted , the enemy with facility did possess it . That Prince or Potentate which builds his Severity rather upon the trust he hath in Fortresses , then the love of Men , shall be deceived : For no place is so strong , as can long defend it self , unless by the love and aid of Men it be in time of necessity succored . Example , Pope Julio having drawn the Bentivoli out of Bologna , built there a strong Castle ; the Governor thereof robbed the people , and they therewith grieved , in a short time took the Castle from him . So after the revolt of Genoa , Lewis the Twelfth came to the recovery thereof , and builded there the strongest Fortification of Italy , as well for site as the circumstances inexpugnable . Nevertheless the Citizens rebelled , and within sixteen moneths the French were forced to yield the Castle and Government to Octavio Fragosa . To build Forts upon places of strength , either for defence of our own , or to hold that which is taken from others , hath ever proved to small purpose . Example , The Romans having supprest the Rebellion of the Latins and Privernates ; albeit they were people Warlike , and lovers of Liberty ; yet to keep them Subject , built there no Castles , nor other places fortified : And the Lacedemonians did not onely forbear to fortifie the Towns they conquered , but also left their cheif City of Sparta unwalled . The necessity or use of Fortification , is onely upon Frontires or such principal places where Princes make their Habitation ; to the end the fury of sudden assaults may be staid , and time for succor entertained : Otherwise , example , the Castle of Millan being made to hold the State in obedience , could not so do either for the house of Sforzi or France . Guido Vbaldo , Duke of Velin , driven from his Dominion by Caesar Borgia , so soon as he recovered his Countrey , caused all the Forts to be demolished : For by experience he found the love of Men was the surest defence , and that Fortifications prevailed no less against him then for him . The causes of Division and Faction in every Commonweal proceed most commonly of Idleness and Peace , and that which uniteth , is Fear and War . Example , The Vejenti and Elinsci having intelligence of great contention between the Nobility and People of Rome , thought that a fit opportunity to oppress the one and the other : But the Romans informed of such an intention , appeased all Domestick anger , and by the Valor of their Arms conducted by Gn. Manlius and M. Fabius defeated the Enemies Forces . The means to usurpe an estate disjoynted is first before Arms be taken , to become as it were an Arbitrator or a friend indifferent ; and after Arms be taken , then to send moderate aid to the weak side , as well to entertain the War between the Factions , as also to consume the strength both of the one , and the other , yet in no wise to employ any great forces , for thereby either party may discover the intents to suppress them . Example , The City of Pistoia fallen into division , the Florentines took occasion sometimes to favor the one , and some times the other , that in the end both sides weary of the War , voluntarily yeilded to their devotion . Philippo Viscount , hoping sundry times by occasion of Faction to oppress the Fl●rentin●● , did often assault them with great forces , which was the cause that they became reunited ; and consequently the Duke deceived of his expectation A great Wisdom it is to refrain Opprobriousand Injurious speech : for as neither the one nor the other can an● whit decrease the Enemies force , so doth it move him to greater hate , and more desire to offend . Example , Gabides a General of the Persians having long besieged Amida , became weary , and preparing to abandon the enterprise , raised his Camp , which they of the City beholding , began to revile the Persians , and from the Walls reproved them of Cowardise ; which undiscreet words so highly offended G●bides , as thereupon he resolved to continue the siege , and within few daies wun the City . Tiberi●s Grac●hus appointed Captain of certain bands of men , whom for want of other Soldiers the Romans entertained , proclamed in his Camp , that no man upon pain of death should contumeliously call any Soldier slave , either in earnest or jest . Nam fac●tiae asperae quando nimium ex vero traxere , acrem sui memoriam relinquunt . Likewise Alexander the great having conquered well near all the East , brought his forces before Tyre , they fearing Alexanders fury , offered upon honorable considerations to yeild him obedience , only requiring , that neither he nor any of his forces should enter the City , which motion after four Moneths Alexander accepted , and so signified by his Ambassador who arriving in Tyre was by the proud Citizens slain , whereat Alexander grew into Choler and being ready to forsake the siege , staid his forces , and in the end sacked the City and put the people to the sword . A Prince or any other State being assaulted by an Enemy of far more puissance then himself , ought not to refuse any honorahle compositions , chiefly when they are offered● for no conditions can be so base , but shall in some sort turn to the advantage and honor of him that accepts them . Example , Anno 1512. certain Florentines procured great forces of Spaniards to come thither , as well to reposess the Medici then banisht , as also to sack the City ; promising that so soon as the Army of Spain did come into the Florentine dominion , the faction of Medici would be ready armed to receive them . But the Spaniards being come , found no forces at all to joyn with them ; and therefore wanting victual , offered composition . The Florentines finding the Enemy distressed grew insolent and refused peace , whereof followed the loss of Prato , and many other inconveniencies . The like happened to them of Tyre , as before . The denial or delay of Justice desired in revenge of injuries either publick or privately offered , is a thing very dangerous to every Prince or other State , for that the party injured doth oft by indirect meanes though with hazard of his country and himself seek satisfaction : Example , the complaint which the Galli made against the Fabii who sent Ambassadors in favor of the Tossani , not being heard , nor any punishment inflicted upon them for fighting against the Law of Nations , was the cause that the Galli were offended with the States , whereof followed the sack of Rome ; and the delay of Justice in Philip of Macedon , for not revenging the incestuous oppression of Attalus to Pausanias , was the motive to murther that King . Whoso endeavors the alteration of any State , must of necessity proceed with all severity , and leave some memorable example to those that shall impunge the Ordinance of Government newly settled . Example , when Junius Brutus had by his great valor banisht the Tarquins , and sworn the People that no King should ever raign in Rome : within short time after , many young Nobles , among whom was Brutus son , impatient of the equality of the new government , conspired to recall the Tarquins ; but Brutus thereof informed , caused his own son not only to be condemned to death , but was himself present at the execution . As health and soundness of the hands , legs , and other outward members cannot continue life , unless the heart and vital spirits within be strong and firm ; so fortifications and Frontier-defences do not prevail , unless the whole Corps of the Kingdom and People be well armed : Example , when the Emperor came into ●tal● , and had with some difficulty past the confines of the Venetians welnear without ressistance ; his army marcht to Venice , and might doubtless have possest the City , had it not been defended with water . Likewise the English in their assault of France , excepting a few encounters on the Frontires , found no puissant resistance within the Realm . And Anno 1513 they forced all that State , and the King himself to tremble , as oft before they had done ; but contrariwise the Romans knowing that life lay in the heart , ever held the body of their State strongest : for the nearer the enemy approacht Rome , the better they found the Countrey armed and defended . The desire to command soveraignly is of so great force , as doth not only work in those that are in expectation of principality , but also in them that have no title at all . Example , this appetite moved the wife of Ta●quinius Priscus contrary to all natural duty to incite her husband to murder her own Father Servius , and possesse his Kingdom , as b●ing perswaded it were much more honorable to be a Queen then to be the daughter of a King . The violation of ancient Laws , Orders , and Customs , under which people have long time lived , is the chief an● only cause whereby Princes hazard their Estate and Royal Dignity . Example albeit the deflowring of Lucrece was the occasion , yet was it not the cause that moved the ●omans to take arms against Tarquin ; for he h●ving before that fact of Sex●us his Son , governed Tyrannically , and taken from the Senate all Authority , was become odious both to the Senate , Nobility , and People , who finding themselves well governed , never seek or wish any other liberty or alteration . A Prince that desires to live secure from conspiracy , hath cause rather to fear those on whom he hath bestowed over great riches and honors , then those whom he hath greatly injured ; because they want meanes to offend ; the other have many opportunities to do it . Example , Perennius the Prime favorite of ●ommodus the Emperor conspired his death●Plantianus did the like to S●verus , and S●janus to Tiberius ; for being advanced to so great honors , riches , and Offices as nothing remained desirable but the Imperial title , they conspired against the persons of their Soveraigns in hope of the dignity ; but in the end they endured that punishment which to such disloyalty and ingratitude appertaineth . An Army which wants Experience , albeit the Captain be expert , is not greatly to be feared● neither ought an Army of well traind Soldiers to be much esteemed , whose Captain is ignorant . Example , Caesar going into Africa against Afranius and Petraeus whose army was full of old Soldiers , said he feared them little , Quia ibat ad exercitum sine duce . Contrariwise , when he went to P●arsalia to encounter Pompey , he said , Ibo ad duce● sine exercitu . A Captain-General commanding an Army ought rather to governe with curtesie and mildness , then with over-much austerity and severity . Example , Q. and Appius Claudius being Consuls , were appointed to govern the War . To Q. was allotted one Army which served very dutifully ; but Appius commanding the other with great cruelty , was by his Soldiers unwillingly obeyed . Nevertheless Tacitus seems of contrary opinion , saying , Plus poena quam obsequium val●t . Therefore to reconcile these different Conceits , I say , that a General having power to command men , either they are confederates or Subjects : If confederates or voluntaries , he may not proceed to e●tream punishment ; if Subjects , and his power absolute , they may be governed otherwise● yet with such respect , as the insolence of the General inforce not the Soldiers to hate him . Honor may sometime be got as well by the loss as gaining of victory . Every man knoweth glory is due to the Victor , and we deny not the same priviledge to the vanquished , being able to make proof that the loss proceeded not from his default . Neither is it dishonorable to violate those promises whereto the necessity or disadvantage of War inforceth . And forced promises which concern a whole State , are not binding , and rarely or never kept , nor is the Breaker thereby to receive disgrace . Example , Posthumus the Consul having made a dishonorable peace with the Samnits , was by them with his whole Army sent home disarmed . Being arived at Rome , the Consul informed the people they were not bound to perform the base conditions he was compelled to yield unto ; albeit , he and those few that promised , were bound to perform them . The Senate thereupon concluded to send him prisoner to Samno , where he constantly protested the fault to be onely his own ; wherefore the people by that peace incurred no dishonor at all : And Fortune so much favored Posthumus , as the Samnites were content presently to return him to Rome ; where he became more glorious for losing the Victory , then was Pontius at Samno for having won the victory . Wise men have long observed● that who so will know what shall be , must consider what is past ; for all worldly things hold the same course they had at ●irst . The reason is , that as long as men are possest with the same Passions with former ages , consequently of these doings the same effects ensue . Example , The Almains and French have ever bin noted for their Avarice , Pride , Fury , and Infidelity , and so in divers ages , experience hath proved even to this present : For perfidious dealing the French have given sufficient proof , not onely in ancient times , but also in the time of Charls the Eighth , who promised to render to the Florentines the Forts of Pisa● but having divers tim●● received money , held them notwithstanding in possession . The Florentines found the like in the Almains● for in the Wars of the Visconti , Dukes of Milan , they prayed aid of the Emperor , who promised them great forces ; in consideration whereof● he was to receive of the Florentines One hundred thousand Crowns in hand , and as much more when his Army was arived in Italy , both which payments were performed ; but as soon as the Emperor came to Verona , he devised cavillations of unkindness , whereupon he returned home . A Prince desirous to obtain any thing of another , must if occasion so permit , urge his demand so earnestly and press for so sudden and present answer , as he who is prest may not have leisure to consider how to excuse himself in denial . Example ▪ Pope Julio endeavored to drive out of Bologna all the Bentivoli in which action he thought the aid of the French necessary , and that the Venetians should stand neutral ; and by divers messengers did sollicite them to that effect ; but not receiving any resolute answer , he thought fit with those few forces he had to take his journey to Bol●gna , whereupon the Venetians advertised him they would remain neutral , and the French King forthwith sent him forces as fearing the Popes indignation ; likewise the Tuscans having formerly desired aid of the Samnites against the Romans , took Armes suddenly and obtained their request which the Samintes had before denied . When a multitude offendeth , all may not be punisht , because they are too many : to punish part and leave the rest unpunisht , were injurie to the sufferers ; and to those that escape , an encouragement to offend again ; therefore to eschew all extremity , mean courses have bin anciently used . Example , When all the Wives of the Romans conspired to poyson their Husbands , a convenient number of them were punisht , and the rest suffered to pass ▪ Likewise at the conspiracy of the Bacchanals in the time of the Macedonian War , wherein many thousands Men and Women had part , every tenth person only was put to death by lot ; although the offence were general , by which manner of punishing , he that suffered , complaind on his fortune ; and he that escaped , was put in feare that offending again , the same punishment might light upon himself , and therefore would no more offend . A Battel or great action in Armes ought not to be enterprised without special Commission or Command from the Prince , otherwise the General incurs great danger , Example ▪ Papyrius the Dictator punisht the General of the horse in the Roman Army , for having fought without his consent , although he had in battaile slain 20000 Enemies without loss of 200 of his own , and Caesar commended his Captain Silanus for having refrained to fight , though with great advantage he might . Also Count Egmont hazarded the favor of the King his Master for giving battel to Marshall de Thermes , albeit he were victorious : for upon the success of that action the loss or or safety of all the Low Countries depended . To govern without Council is not only dangerous in Aristocracies and Popular States , but unto independent Princes an occas●on of utter ruine . Example , Hieron the first King of Sicile in all his proceedings used the advice of Counsels , and lived fifty years prosperously in Peace , but his grandchild succeding , refusing all Counsell lost his Kingdom , and was with all his Kinsfolk and Friends cruelly slain . In all Monarchies the Senate or privyCouncil is or ought to be composed of persons of great dignity , or men of approved wisdom and understanding . Example , In Polonia no man is Counsellor unless he be a Palatine , a Bishop , a C●st●llan , a Captain , or such a one as hath bin Ambassador ▪ and in Turky the title of Counsellor is not given but only to the four Bassaes . the two Cad●lesquir●s , the twelve Beglerbegs , and Kings son , who in his Fathers absence , is as it were● a president of the Divano or Senate . Many Princes Ancient and Modern have used to select out of their Council , two or three or four at most to whom only they did impart their affairs . Example , The Emperor Augustus had Maec●nas and Agrippa , Julius Caesar , Q ●aedius and Cor. Balbus , whom he only trusted with his Cipher and secrets , being Counsellors of the Cabinet ( as we now call them . ) The alteration of old Laws or introduction of new , are in all States very dangerous , notwithstanding any appearance of profit or publick utility , which moved wise Governors to decree , that ancient Lawes once established might never be called in question . Example , The Athenians decreed that no Law should be propounded to the people without the consent of the Senate : the like use is observed in Venice where no Petition is prefered to the Senate but by advice of the Sages ; and among the Locrians the Custom was that whosoever presented any new Law to be confirmed , should come with a halter about his Neck , and be therewith hanged if his request were rejected ; also Lycurgus to prevent the alteration of his Lawes , did sweare the people of Sparta to observe them untill his return , and thereupon retired himself into voluntary exile , with intent never to returne . When necessity or good reason moves Innovation or Abolition of Laws , a course more secure it is to do it rather by degrees then suddenly . Example , The Romans finding the Laws of the twelve Tables unprofitable , suffered them to be observed or neglected at discretion , but would not publickly suppress them for fear of calling other Laws into contempt : so did they continue 700 years , and were then cassed by Ebutius the Tribune . But Agis King of Lacedemon desirous to revive the Laws of Lycurgus , long discontinued , enforced all men to bring in their evidence and writings to be cancelled , to the end a new partition of Lands and Goods might be made , which suddain and violent proceeding proved so fatal , that it moved a dangerous sedition , wherein he was deposed and with his Mother and Friends put to death ; which Example haply moved the Venetians not to attempt any thing against the Authority of Augustino Barberino their Duke : but after his death , and before the Election of Lovedono , the Signiory publisht new Ordinances detractive from the Ducal Anthority . Whoso hath won to himself so great Love and Affection , as thereby to become master of the forces , and at his pleasure commands the Subjects apt for Armes , may also without right or title assure himself of the whole Estate . Example , Hugh Capat a Subject to the Crown of France , being greatly honored by the Soldiers , found means thereby to prevent Charles Duke of Lorraine of the Crown , being right heire by descent from Charlemaine . And albeit the Families of the Paleologi , Ebrami and Turcani be of the blood Royall and Right Heires to the Turkish Empire , when the Ottaman Line shall faile ; yet it is like that the cheif Bassa having the love of the Janisaries will usurpe the State , because the Paleologi and other Competitors be far from the Turks person , poor and without means to purchase the Soldiers favor . A Commander General in Armes , ought upon paine of great punishment be enjoyned , not to imploy or retain any forces longer then the time of his Commission . Example , The Dictators of Rome were in this point so precise , as never any of them dared to transgress the time prefixed , till Caesar obtained that dignity should continue in him for life : which was the cause of his usurpation of the State . Also the Thebans commanded , that if the General of their Army did hold his forces one day longer then the time prefixt , he should thereby incur danger of death : which Justice was executed upon Epaminondas and Pelopidas . Banishment of great Lords , or Citizens of great Reputation , hath bin in divers places diversly used : for in the one , they were inforced only to absent themselves without further infliction ; in the other , Banishment was accompanied with Confiscation , a course of great danger . Example , In Argos , Athens , Ephesus , and other Cities of Greece , the Citizens puissant in Friends , Vertue or Riches , were many times banisht for envy or feare , but never or very rarely forced to absent themselves longer then Ten years ; and that without loss of goods , which was the cause that never any of them Warred against the Country : but Dion being banisht Syracusa by Dyonysius Junior , and Coriolanus from Rome , did make mighty Wars against their own Country . The like was done by the Medici in Florence . Honorable and Magnanimous men were wont , not only to enterprise great Acts , but also to suffer patiently al injuries which Foes or Fortune could expose them to : as resolved , that no Calamity was so great as to make their minds abject , or to forget the dignity appertaing to persons vertuous : Example . After the defeat of the R●man Army upon the River A●●ia , the Galli persued the Victory even to Romes Walls : whither being come , and finding the gates open , without any signe of resistance they entred the Streets , where all honorable Palaces were also unshut , which caused the Galli greatly to doubt . Nevertheless looking into the houses , they found in every of them a Senator set in a Chaire of State , and in his hand a Rod of Ivory ; his person was also vested with Robes of dignity , which Majestick spectacle did marvelously amate the Galli not having before that time seen any such Reverend sight ; and therefore did not only refrain to offer violence , but highly admired the Roman Courage , cheifly in that Fortune . Nevertheless at length a rude Gall hapned with his hand to touch the white beard of M. Papyrius , whereat he taking great disdain struk him with his Rod , in requitall whereof the Barbarian slew Papyrius , and by that example all the other Senators and persons of dignity were also slain . Albeit the knowledge and study of Letters be both commendable and necessary in all well regulated States ; yet if under so honest pretence , idleness enter , such abuses must seasonably be foreseen and removed . Example , When Diogenes and Carneades two excellent Philosophers , were sent Ambassadors from Athens to the Romans , many of the Nobility that before disposed themselves to Arms , allured with their Eloquence and marvellous wisdom , began with great admiration to follow them : and in lieu of Armes , turned their endeavors to the studie of Letters , which the wise Cato discerning , procured the Senate to decree that ( to eschew all inconveniences which so honest idleness might breed ) no philosophers should from thenceforth be received into Rome . The Honor due to Magistrates was anciently much regarded , and contrarywise all irreverent and undutifull behavior with great severity punisht . Example , The Censors of Rome degraded a Citizen only for having yawned loud in their presence : and another called Vectius was slain in the field for not doing due reverence to a Tribune when he past by him It is also observed , that the son of Fab. Maximus when he was Censor , meeting his Father on horseback , and seeing the Serjeants affraid to speak to him to dismount , did himself command him so to do , which Command the Father cheerfully and willingly obeyed , saying , Domestick power must give place to Publick Authority . Tyrannous Princes having incurred the universal hate of people , found no meanes so meet to preserve them from Popular fury , as to execute or deliver into their hands their own cheef Minions and intimate Counsellors . Example , Tiberius delivered to the People his favorite Seianus : Nero , Tig●llinus . Henry King of Swede committed to their fury his best beloved servant George Preston ; Caracaella caused all his flatterers to be slain that had perswaded him to kill his brother● The like was done by Caligula , whereby he escaped himself . A Prince that rewards or pardons a person that kills another Prince , albeit by that means he is aspired to Soveraignty , shall thereby both incur great danger and hate , and encourage men therein to attempt the like against himself Therefore wise Princes have not only left such services quite unrecompenced , but also most severely punished them . Example . The Emperor Severus put all those to death that consented to the murder of Pertinax ; and Alexander the great executed him that slew Darius , as abhorring that Subject that would lay violent hands on his Prince , notwithstanding he were an enemy . Likewise Uitellius put to death all the Murderers and conspirators against Galba ; and Domitian executed his Secretary Epaphroditus for the Murder of Nero , although he instantly desired his aid . The vertuous and vitious examples of Princes incite Subjects to imitate the same Qualities ; which rule never or very rarely fails . Example , Francis the First King of France , and other Princes in divers ages and places , had great esteem of Learned Men ; and forthwith all the Princes , Nobles , Nobility , and Clergy , disposed themselves so earnestly to study , as before that time had not been seen so many and so great a number of Learned Men , as well in Tongues as Sciences . Contrariwise , Alexander the Great , otherwise a Prince of great vertue , by his immoderate use of drinking , did draw the greatest number of his Court and people also to delight in drunkenness . The like effect followed the excessive intemperance of Mithridates , King of Amasia . The last and not the least considerable , is to observe how great effects Devotion and Contempt of Humane glory worketh in the mindes not onely of private persons , but of Kings and Princes also , who have oft abandoned worldly Profit , Honor , and Pleasure , to embrace the contemplative retired life . Example , Rami●us King of Aragon , Verecundus King of Spain , Charlemain Son of Carolus Martellus , Matilda Queen of France , Amurath K. of Turbay , with many others . Imperio Maximus , exemplo Major . FINIS . Notes, typically marginal, from the original text Notes for div A57360e-2360 * Commissions determine in presence of him that granted them . Notes for div A57360e-2530 * So Henry the 4 of France by puting his Courtiers to boordwages was said to make mony with his Teeth . Notes for div A57360e-3170 * The author of the Epistle Dedicatory to the Dutchesse of Suffolk , prefixt to Mr. Latimer sermons , ●aith that Lawyer● cove●ousness hath almost devoured England . Notes for div A57360e-5610 Discipline . Notes for div A57360e-8310 Tam bené quam malé facta premunt . Mart. A57355 ---- The arts of empire and mysteries of state discabineted in political and polemical aphorisms, grounded on authority and experience, and illustrated with the choicest examples and historical observations / by the ever-renowned knight, Sir Walter Raleigh ; published by John Milton, Esq. Cabinet-council Raleigh, Walter, Sir, 1552?-1618. 1692 Approx. 253 KB of XML-encoded text transcribed from 125 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A57355 Wing R155 ESTC R20812 12404703 ocm 12404703 61345 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A57355) Transcribed from: (Early English Books Online ; image set 61345) Images scanned from microfilm: (Early English books, 1641-1700 ; 289:11) The arts of empire and mysteries of state discabineted in political and polemical aphorisms, grounded on authority and experience, and illustrated with the choicest examples and historical observations / by the ever-renowned knight, Sir Walter Raleigh ; published by John Milton, Esq. Cabinet-council Raleigh, Walter, Sir, 1552?-1618. Milton, John, 1608-1674. [9], 238, [3] p. Printed by G. Croom for Joseph Watts ..., London : 1692. First ed. published in 1658 as: The cabinet-council, containing the chief arts of empire and mysteries of state. Cf. BM. Advertisements: p. [9] at beginning and p. [1]-[2] at end. Reproduction of original in University of Michigan Libraries. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Political science -- Early works to 1800. Monarchy. 2002-01 TCP Assigned for keying and markup 2002-01 Apex CoVantage Keyed and coded from ProQuest page images 2002-04 TCP Staff (Michigan) Sampled and proofread 2002-04 John Latta Text and markup reviewed and edited 2002-05 pfs Batch review (QC) and XML conversion THE Arts of Empire , AND Mysteries of State Discabineted . IN Political and Polemical Aphorisms , grounded on Authority and Experience . AND Illustrated with the Choicest Examples and Historical Observations . By the Ever-renowned Knight Sir WALTER RALEIGH , Published By JOHN MILTON Esq Quis Martem tunica tectum , Adamantina digne scripserit ? LONDON , Printed by G. Croom , for Joseph Watts at the Angel in St. Paul's Church-yard , 1692. TO THE READER . HAving had the Manuscript of this Treatise , Written by Sir Walter Raleigh , many Years in my Hands , and finding it lately by chance among other Books and Papers , upon reading thereof , I thought it a kind of Injury to withhold longer the Work of so Eminent an Author from the Publick ; it being both answerable in Stile to other Works of his already Extant , as far as the Subject would permit , and given me for a true Copy by a Learned Man at his Death , who had Collected several such Pieces . John Milton , THE Principal Contents . CHAP. 1. THE Definition and Division of Publick Weales and Sovereign States , according to their several Species or Kinds Page 1 Chap. 2. Of Sovereign or Monarchick Government , with its Essential Marks and Specifical Differences P. 3 Chap. 3. Of Monarchies Seignioril , exemplified in the Turkish and West-Indian Empire P. 6 Chap. 4. Of Monarchies Royal , with the Means to maintain them P. 8 Chap. 5. Of Monarchies Tyrannical P. 11 Chap. 6. Of New-found Monarchies and Principalities , with the Means to perpetuate them P. 12 Chap. 7. Of Councils and Counsellors in general P. 17 Chap. 8. Of Councils in some particular Monarchies , Aristocraties and Democraties P. 18 Chap. 9. Of Officers and Commissioners , with their respective Distinctions P. 21 Chap. 10. Of Magistrates , their Qualifications and Elections P. 22 Chap. 11. Observations intrinsically concerning every Publick State in Points of Justice , Treasure and War P. 24 Chap. 12. Extrinsick observations , shewing how to deal with Neighbor Princes and Provinces respectively , how to prevent their Designs , and decypher their Intendments P. 30 Chap. 13. Observations confirmed by Authorities of Princes and Principalities , Charactering an Excellent Prince or Governor P. 35 Chap. 14. Of the Princes intimate Counsellors and Ministers of State , with their several Requisites P. 41 Chap. 15. The Art of Ruling , or Mystery of Regiment P. 48 Chap. 16. Of Princely Authority ; wherein it consists , and how far to be extended and delegated P. 51 Chap. 17. Of Power and Force ; and how to be raised and maintained P. 53 Chap. 18. Of Conspiracy and Treason ; with the Causes , and ways of Prevention or Discovery P. 55 Chap. 19. Of Publick Hate and Contempt , with the Occasions and Means to redress and avoid it P. 58 Chap. 20. Of Diffidence and Dissimulation in the Management of State Affairs P. 67 Chap. 21. Of War Defensive and Invasive ; with Instructions touching Laws of Arms , Soldiers and Military Discipline P. 70 Chap. 22. Of Generals and Commanders , and their requisite Abilities in Martial Enterprises and Expeditions P. 83 Chap. 23. Of Councils in War , and Directions Tactick and Stratagematick ; with Advice how to make an honorable Peace P. 87 Chap. 24. Of Civil War , with the Causes and Remedies thereof P. 97 Chap. 25. A Collection of Political Observations ( confirmed by Reason and Experience ) advertising Princes , Statesmen , and Private Persons how to demean themselves in all Fortunes and Events P. 107 Chap. 26. Maxims of State , or Prudential Grounds and Polemical Precepts , concerning all Estates , and Forms of Policy in times of Peace or War , &c. confirmed by Select Narrations , and Historical Parallels P. 184 ADVERTISEMENT . THE Excellent Woman described by her True Characters , and their Opposites , Printed for J. Watts . THE ARTS of EMPIRE , AND Mysteries of State. CHAP. I. The Definition and Division of Publick Weales and Sovereign States , according to their several Species or Kinds . A Common-wealth is a certain Sovereign Government of many Families , with those things that are common among them . All Common-wealths are either Monarchies , or All Common-wealths are either Aristocraties , or All Common-wealths are either Democraties . or A Monarchy is that State where the Sovereignty resteth in the Person of one only Prince . An Aristocraty , is where some small part of the People have in them as a Body corporate , the Sovereignty and Supreme Power of the whole State. A Democraty , is where all the People have Power and Authority Sovereign . So doth it appear , that the place and Person where the Sovereignty resteth , doth cause the State to be either a Monarchy , an Aristocraty , or Popular Government . CHAP. II. Of Sovereign or Monarchick Government , with its Essential Marks , and Specifical Differences . SOvereignty is an absolute and perpetual Power in every publick State , and he is properly and only a Sovereign , that acknowledgeth no Superior or Equal , nor holdeth of any other Prince , Person or Power , but God and his own Sword. The first Mark of Sovereignty , is absolute Power and Authority to command all Subjects in general , and every of them in particular , without consent of any other Person or Persons , either greater or inferior to himself . The second Mark of Majesty is Authority to make War , and conclude Peace at his pleasure . The third is Power to bestow all Honors and chief Offices at his pleasure . The Fourth Mark of Sovereignty is Appellation . The Fifth Mark and last , is power to pardon all Subjects by rigor of Law or otherwise , condemned in Life , Lands , Goods or Honors . These Powers are not to be imparted to any Officer , Deputy or other Magistrate , but in the Prince's absence , and for some urgent occasion . Monarchies are of three sorts , Signioril , Royal and Tyrannical . The Diversity of Monarchies doth not proceed from the Nature of the State , but the diverse proceedings of those Princes that govern ; for great difference there may be between the nature of the Commonwealth and the Government thereof . That Prince that giveth the Magistracies Honors and Offices without respect of Nobility , Riches or Vertue , may be said to govern popularly . And that Monarchy may be said to be governed Aristocratically , when the Monarch imparteth the principal Honors and Offices to the Noble and Rich Men only . The same difference there is to be found in States Aristocratical and Popular ; for the one and the other may be both Signioril or Tyrannical . A Monarch Signioril is he who by force of Arms and just War , is made Owner of Mens Bodies and Goods , and governeth them as a Master of a Family governeth base Servants and Slaves . A Monarch Royal , is he whose Subjects are obedient unto his Laws , and the Monarch himself obeyeth the Laws of God and Nature , suffering every Subject to enjoy Liberty natural , with Property in Lands and Goods , governing as a Father governeth his Children . A Monarch Tyrannical , is he who without regard to the Law of God or Nature , commandeth Free-men as Slaves and useth their Lands and Goods as his own . CHAP. III. Of Monarchy Signioril , Exemplified in the Turkish and West-Indian Empire . ALL People subject to Princes , are governed as Free-men by their Prince , and certain other particular Lords of Lands and Liberties ; who not by the Princes Commission , but by Ancient Laws or Custom , have Inheritance and Tenements ; or else they are by one Prince and his Ministers commanded , which Ministers have not by Law or Ordinance , any Authority or Interest of themselves , but being like to the People ( base Men and Slaves ) they command only by Commission in the Princes name ; and the Authority of those Ministers doth cease at the Princes pleasure , so that the People do not acknowledge any Superior but the Prince , nor owe any Service to other mean Lords : So as all the People stand without Property in Lands or Goods ; for example , the Empire of Turky and the West-Indies . The Provinces of this Monarchy are allotted to sundry Magistrates or Ministers , and they altered and removed at the Princes pleasure ; but it is otherwise in a Monarchy Royal , because the Monarch is there accompanied with many mean Lords . And albeit those mean Lords are Subjects unto the Prince , yet have they particular Tenants , who may not , without just cause , be dispossessed by the Prince ; and those People having had dependency of their Lords and their Ancestors , do ever beare unto them a certain natural Love and dutiful Respect ; whoso therefore compareth these Principalities , shall perceive , that to Conquer a State Signioril there is great difficulty , but being conquered , it may easily be maintained ; for the difficulty to conquer such a State , proceedeth from the lack of mean Lords to call in and assist the Prince that doth invade : Who therefore desireth to subdue a Nation thus governed , must of force assault all the People , and rather trust in his own Strength than the Aid of the Country . But if he can prevail , then one only Fear remaineth , which is the Prince's Posterity , which necessarily must be extinguished , because the Prince's Race only hath Interest both in the People and Soldiers . But to enter a Monarchy Royal , is an Enterprise of no great Difficulty , when he that doth enter , hath the Friendship and Aid of some mean Lords to take his part , and prepare the place where he is to arrive . CHAP. IV. Of Monarchies Royal , with the Means to maintain them . MOnarchies Royal are for the most part Ancient and Hereditary , and consequently easie to be governed . For it is sufficient for the Prince to maintain the old Laws , and on occasion temporize with those Accidents that happen : Such a State cannot be taken from the Prince without excessive Force , and if it be , it shall be soon recovered . Example , England and France . But if a Monarchy newly conquered , be annexed unto an old , and not properly Ancient , then it is with much more difficulty maintained . First , For that Men naturally inclined to Variation , are easily induced to take Arms against him that newly governeth . Secondly , Every new Prince is forced to exact as well upon those Subjects that joyned with him , as those that did resist him , and therefore shall offend both . Example , Ireland annexed to the Crown of England , Sicilia and Naples to Spain . The means to maintain such a Monarchy , is , First , To extinguish the Race of him that was anciently Prince . Secondly , To continue all Laws and Customs in the former Force ; for so shall the Subject find nothing altered but the Prince , and therefore will soon rest contented ; and the rather if that new Monarchy , and the ancient Dominion of the Prince , be of one Language : But if the People be of a contrary Language and Humor , then to hold it , there needeth great Industry and Fortune ; in that case the best way is , that the Prince should inhabit there , as well to incounter all Inconveniences proceeding from the Subject , as to preserve the People from Oppression of his own Ministers . Another way is , to send thither certain Colonies , and plant them in fit places , or else to settle some Garisons both of Horse and Foot ; but Colonies are less chargeable to the Prince . As for the People inhabitant ( who must necessarily remove , they being a small number and dispossessed ) they cannot have power to offend ; for in that case , this Rule or Maxim shall be found true , that Men must be either kindly intreated , or with all Extremity oppressed ; because of light Injuries they may be revenged , but of utter Oppression they cannot . A third way to hold a conquered Dominion , is , to cherish and defend the Neighbors of little Power , and oppress or keep under those that are most Potent ; and above all , to take order that no Forreign Prince or Power do enter ; for it is ever to be looked for , that so many of the Nation as are discontented , either for Ambition or Fear , will be ever ready to bring in Strangers : And to conclude this matter of Principality annexed , I say it behoveth every Prince possessed of such a State , never to increase the Power of any Potent Nighbor , never to oppress those that are of small Power , never to permit any Forreign Potentate to enter , but ever to plant Colonies and Garisons , or else to make that Dominion his chief Habitation . CHAP. V. Of Monarchies Tyrannical . TYrannical Princes are not advanced by Favor , neither do they trust unto Fortune , but by degrees of War , or else by some other indirect means do aspire unto Greatness ; and therein do maintain themselves by all ways either Honest or Dishonest , without respect of Justice , Conscience or Law either of Nations or Nature : A Prince by such impious means aspired , and desiring to hold that he hath gained , will take order that the Cruelties he committeth may be done roundly , suddenly , and as it were at an instant ; for if they be executed at leisure and by piece-meal , then will the Prince's Fears continue long , and the Terror in Subjects take deeper Impression , whose Nature is such , that either they must be bound by Benefits , or by Cruelty made sure from offending : Example , Dionysius and Agathocles . CHAP. VI. Of new found Monarchies and Principalities , with the means to perpetuate them . SOme other Princes there are , that from private Estate have aspired to Sovereignty , not by unnatural or impious proceedings as the former , but by Vertue and Fortune , and being aspired , have found no great Difficulty to be maintained ; for such a Prince having no other Dominion , is forced to settle himself where he is become a Prince : But here is to be noted , that albeit such a Man be Vertuous , yet wanting Fortune , his Vertue proveth to small purpose , and Fortune without Vertue doth seldom work any great Effect . Howsoever it be , a Prince being aspired , both by the Aid of the one and of the other , shall notwithstanding find some difficulty to hold what he hath gotten ; because he is forced to introduce new Laws and new Orders of Government differing from the old , as well for his own Security , as confirmation of the Government ; for avoiding of which Dangers , he is to consider whether he be of himself able to compel his Subjects to obey , or must pray in aid of others : If he can do the first , he needeth not doubt , but being driven to the other , his Greatness cannot long continue ; for albeit a matter of no difficulty , it is to perswade a People ; yet to make them constant , is a work well near impossible . Example , Theseus , Cyrus , Romulus . The second sort of new Princes are such as be aspired by Favor or Corruption , or by the Vertue or Greatness of Fortune or Friends : A Prince by any or all these means advanced , and desirous to hold his Estate , must indeavor by his own Vertue to maintain himself without depending upon any other ; which may be done by this means : First , To assure all Enemies from offending . Secondly , To win the Love and Friendship of so many Neighbors as possibly he may . Thirdly , To compass all Designs tending to his Honor or Profit , and bring them to pass either by Fraud or Force . Fourthly , To make himself honored and followed of Captains and Soldiers . Fifthly , To oppress all those that would or can offend . Sixthly , To be obsequious and liberal to Friends , magnanimous and terrible to Foes . Seventhly , To cass all old and unfaithful Bands , and entertain new . Eighthly , To hold such Amity with Kings and Princes , as they ought reasonably to favor him , or else they would offend ; easily they cannot . Example , Giovannio , Torrigiani , Caesar , Borgi . The third and last means whereby private Persons do aspire to Principalities , is not Force and Violence , but meer good Will and Favor of Men. The cause or occasion thereof , is only Vertue or Fortune , or at least a certain Fortunate Craft and Wittiness , because he aspireth either by Favor of the People , or by Favor of the Nobility ; for these contrary Humors are in all Common-wealths to be found . And the reason thereof is , that the great Men do ever endeavor to oppress the People , and the People do labor not to be oppressed by them . Of these divers Appetites one of these three Effects do proceed , viz. Principality , Liberty , or Licentious Life . Principality may come either by love of the Multitude , or of the great Men ; for when any of these Factions do find it self oppressed , then do they soon consent to make one a Prince , hoping by his Vertue and Valor to be defended . Example , Francesco Sforza , Alessandro de Medici . A Prince in this sort aspired , to maintain his Estate , must first consider well by which of these Factions aforesaid he is advanced ; for if by Favor of great Men he be aspired , then must he meet with many Difficulties ; for having about him divers Persons of great Quality , and such as were but lately his Equals , hardly shall he command them in such sort as it behoveth : But if the Prince be advanced by the People , few or none shall hardly disobey him . So it appeareth that a Prince made by the Multitude , is much more secure than he whom the Nobility preferreth ; for common People do not desire to enjoy more than their own , and to be defended from Oppression ; but great Men do study not only to hold their own , but also to command and insult upon Inferiors . Note that all Monarchies are Principalities . But all Principalities are not Monarchies . CHAP. VII . Of Councils , and Counsellors in general . A Senate or Council is a certain lawful Assembly of Counsellors , to give advice to him or them that have in the Commonweale Power Sovereign . A Counsellor is called in the Latine Senator ; which Word signifieth in effect an old Man : The Grecians and Romans also most commonly composed their Councils of ancient and expert Persons ; for if they , or the greater part of them had been Young Men , then might the Council have more properly been called a Juvenate than a Senate . The chief and most necessary Note required in a Counsellor is to have no dependence of any other Prince or Commonweale ; either Oath , Homage , Natural Obligation , Pention , or Reward : In this Point the Venetians have been ever most precise , and for that reason , do not admit any Cardinal or other Clergy-man to be either of or at their Councils , therefore when the Venetian Senate is Assembled , the Usher being ready to shut the Door , cryeth aloud , Fuora Preti , Depart Priest. Note also that in every State , of what Quality soever , a Secret or Cabinet-Council is mainly necessary . CHAP. VIII . Of Councils in some particular Monarchies , Aristocraties , and Democraties . THE King of Spain , for the Government of his Dominions hath Seven Councils , ( viz. ) the Council of the Indies , the Council of Spain , the Council of Italy and the Low Countries , the Council of War , the Council of Orders , the Council of Inquisition , and the Council Royal. In France are Three Councils , ( viz. ) the Council Privy , the Council of Judges , which they call Presidents et Conceliers de Parlament , and the great Council , which they call Assemblies du troys Estates . Of Councils in Aristocraties . In Venice , beside the Senate and great Council , are Four Councils , ( viz. ) the Sages of the Sea , the Sages of the Land , the Council of Tenn , the Three Presidents of Quarantia , and the Senate : All which Councils do amount to One hundred and twenty Persons , with the Magistrates . The Great Council of Ragusa consisteth of Sixty Persons , and hath another Privy Council of Twelve . Of Councils in Democraties . Genoua hath Three Councils : the Great Council of Two hundred , the Senate which consisteth of Sixty , and the Privy Council which hath Twenty six Counsellors : So it doth appear that in all Commonwealths , be they Monarchies , Aristocracies , or Popular States . The Council-Privy is most necessary , and often used ; Also this difference is to be noted between the Councils in Monarchies , and the Councils in Aristocracies and States Popular ; that is to say , that all Deliberations fit to be published , are in a Monarchy consulted and resolved upon in the Council Privy , and after ratified by Common Council ; But in Optimacies or Popular Government the Custom is contrary . Here also is to be noted , that albeit the Use and Authority of every Senate a Privy Council is most needful , yet hath it no Authority to command but in the name of those in whom the Sovereignty resteth : For if Counsellors had power to command absolutely , then should they be Sovereigns , and consequently all Execution at their Pleasure ; which may not be without detracting from Majesty , which is a thing so Sovereign and Sacred , as no Citizen or Subject of what quality soever , may touch or approach thereunto . CHAP. IX . Of Officers and Commissioners with their respective Distinctions . AN Officer is a Person publick , that hath Charge ordinary and limited by Law. A Commissioner is also a Person publick , but his Charge is extraordinary and limited by Commission . Officers are of two sorts , and so be Commissioners ; the one hath power to command , and are called Magistrates : the other hath Authority to execute : so the one and the other are Persons publick : yet are not all publick Persons either Officers or Commissioners . Commissioners are ordained to govern in Provinces , in War , in Justice , in disposing the Treasure , or some other Function concerning the State ; but all Commissions do spring and proceed from the Sovereign , Magistrates and Commissioners . And here is to be noted , that every Commission ceaseth if he that granted the Commission doth dye , or revoke it , or if the Commissioners during his Commission shall aspire to Office and Authority equal to his that made it . CHAP. X. Of Magistrates , their Qualifications and Elections . A Magistrate is an Officer having power to Command in the State ; and albeit that every Magistrate be an Officer , yet every Officer is not a Magistrate , but they only that have power to command . Also in making Officers of and Magistrates in every Commonweale , Three things are specially to be observed ( viz. ) who doth make them , what Men they are that should be made , and the form and manner how they are made . The first appertaineth to him or them in whom the Sovereignty resteth ; the second also belongeth to Majesty ; yet therein the Laws are commonly followed , especially in Aristocracies and States Popular ; In the one the Magistrates are chosen out of the most Wealthy or most Noble : In the other , elected out of the whole Multitude . The form and manner of choosing Magistrates in Aristocracies and States Popular , is either by Election , by Lot , or by both , and their Office is to compel those that do not Obey what Sovereignty commandeth : For all force of Commandment lieth in Compulsion . Commandment likewise is of two sorts ; the one may be called Sovereign and Absolute , above Laws , above Magistrates , and above People . In Monarchies such Command is proper to the Prince only ; in Aristocracies it resteth in the Nobility : And in Democracies the People have that power . The second Commandments are Subject both to Sovereignty and Law. Here is to be noted , that every Magistrate may recall his own Commandment , and forbid what he did Command , yet cannot revoke that which he hath Judged . * Also in the presence of the Sovereign , all Authority of Magistrates ceaseth ; and in presence of great Magistrates the inferior have no power ; and Magistrates equal cannot do any thing but by Consent , if his Colleagues or Fellow-Magistrates be present . CHAP. XI . Observations intrinsically concerning every Publick State in points of Justice , Treasure and War. THE First concern matter Intrinsick . The Second touch matter Extrinsick . Matters Intrinsick are Three . The Administration of Justice . The Managing of the Treasure . The disposing of things appertaining to War. Matters Extrinsick are also Three . The Skill how to deal with Neighbors . The Diligence to vent their Designs . The way how to win so much Confidence with some of them , as to be made partaker of whatsoever they mean to enterprise . Touching Administration of Justice . The good and direct Administration of Justice , is in all Places a principal part of Government ; for seldom or never shall we see any People discontented and desirous of Alteration , where Justice is equally administred without respect of Persons ; and in every State this Consideration is required , but most of all in Countries that do front upon other Princes , or were lately conquered : Hereunto the Princes Vigilancy and the Magistrates Uprightness are especially required ; for oft-tentimes the Prince is deceived , and the Magistrates corrupted ; it behoveth also the Prince to maintain the Judges and Ministers of Justice in their Reputation , and yet to have a vigilant Eye upon their Proceedings , and the rather if their Authority do include Equity , and from their Censure be no Appeal ; and if their Office be during Life , and they are Men born and dwelling in the same Country ; all these things are duly to be considered of the Prince ; for as to call the Judges into question , is as it were to disgrace the Judicial Seat ; so to wink at their Corruptions were matter of just discontent to the Subject : in this case therefore the Prince cannot do more than by his Wisdom to make choice of Good Men ; and being chosen , to hold them in good Reputation so as the ordinary course of Justice may proceed ; for otherwise great Disorder , Contempt , and general Confusion will ensue thereof . Secondly , he is to keep his Eye open upon their Proceedings ; and lastly to reserve unto himself a Supreme Power of Appellation . Touching the Treasure . The want of Money is in all States very perilous , and most of all in those which are of least Strength , and do confine upon Nations with whom they have commonly War , or unassured Peace , but most perilous of all to those Governments which are remote from the Prince , or Place where they are to be relieved . The means to Levy Treasure are Four. First , The Customs and Impositions upon all forts of Merchandize and Traffick is to be looked unto and advanced . Secondly , The excessive eating of Usury must be suppressed . Thirdly , All superfluous Charges and Expences are to be taken away . Lastly , The doings and accounts of Ministers are severally to be examined . Touching the matter of Custom and Impost thereof , assuredly a great Profit is in every State to be raised ; chiefly where Peace hath long continued , and where the Country affordeth much plenty of Commodities to be carried out , and where Ports are to receive Shipping . The moderating of Interest is ever necessary , and chiefly in this Age , by reason that Money aboundeth in Europe ; since the Traffick into the Indies ; for such Men as have Money in their Hands great plenty , would in no wise imploy the same in Merchandize , if lawful it were to receive the utmost Usury , being a Course of most Profit and greatest Security . The taking away of superfluous Expences is no other thing than a certain wise and laudable Parsimony ; which the Romans and other well governed States did use . These Expences consist in Fees , Allowances , and Wages granted to Ministers of little or no Necessity ; also in Pensions , Rewards , Entertainments and Donaries , with small Difficulty to be moderated , or easily to be suppressed . * By abridging or taking away of these needless Expences a marvelous Profit will be saved for the Prince ; but if he continue them , and by imposing upon the People do think to increase his Treasure or Revenue , besides the loss of their Love , he may also hazard their Obedience , with many other Inconveniences . Touching War. Whatsoever Prince or Common-weale is Neighbour to any People which can , will , or were wont to offend , it is necessary to have not only all things prepared for defence of his Person and Country , but also to forecast and use every caution and other diligence : For the Inconveniencies which happen to Government , are sudden and unlook'd for ; yea , the Providence and Provision required in this Case ought to be such as the Expences all other ways imployed must stay to supply the Necessity of War. CHAP XII . Extrinsick Observation , shewing how to deal with Neighbor Princes and Provinces respectively , how to prevent their Designs , and decipher their Intendments . THIS first Point of matter Extrinsick is of such quality as being well handled procureth great good , but otherwise becometh dangerous ; for the Proceeding must be divers according to the diversity of the Ends which the Prince or Governor intendeth ; for if he desire to continue Peace with his Neighbors , one way is to be taken ; but otherwise he is to work that seeketh occasion to break , and to become an Enemy to one or more of his Neighbors . If he do desire to live peaceably withal , then he is to observe these Rules ( viz. ) First , To hold and continue firmly all Contracts and Capitulations . Secondly , To shew himself resolved neither to offer nor take the least touch of Wrong or Injury . Thirdly , With all care and favor to further Commerce and reciproke Traffick for the profit of the Subject , and increase of the Princes Revenue . Fourthly , Covertly to win so great Confidence with Neighbors , as in all actions of unkindness among them he may be made Umpire . Fifthly , To become so well believed with them as he may remove such Diffidences as grow to his own disadvantage . Sixthly , Not to deny Protection or Aid to them that are the weakest , and chiefly such as do and will endure his Fortune . Lastly , In Favouring , Aiding and Protecting ( unless necessity shall otherwise so require ) to do it moderately , so as they who are to be aided , become not Jealous , and consequently seek Adherency elsewhere , which oft-times hath opened way to other Neighbors that desire a like occasion . How to prevent their Designs . This Point in time of War is with great diligence to be looked unto ; also in time of Peace to prevent all occasions that may kindle War is behoveful ; for to foresee what may happen to the Prejudice of a Princes Profit or Reputation , is a part of great Wisdom . The means to attain the Intelligence of these things are two . The First is by Friends , the next by Espials ; the one for the most part faithful , the other not so assured . These matters are well to be considered ; for albeit the Nature of Man desireth nothing more than curiously to know the doings of others , yet are those things to be handled with so great Secrecy and Dissimulation as the Princes Intent be not in any wise suspected , nor the Ministers made odious ; for these sometimes to win themselves Reputation , do devise causes of Difference where no need is , divining of things Future which prove to the Prejudice of their own Prince . To win Confidence with Neighbors . This is chiefly attained unto by being Loved and Honored ; for these things do work so many good Effects , as daily Experience sufficeth without any express Example to prove them of great Force . The ways to win Love and Trust , is in all Actions to proceed Justly , and sometimes to wink at Wrongs , or set aside unnecessary Revenges ; and if any thing be done not justifiable , or unfit to be allowed , as oftentimes it happeneth , there to lay the Blame upon the Minister , which must be performed with so great show of Revenge and Dissimulation , by reproving and punishing the Minister , as the Princes offended may be satisfied , and believe that the cause of Unkindness proceeded from thence . Now only it resteth that somewhat should be said touching Provision , to the end the People may not be drawn into despair by Famine , or extream Dearth of Victual , and chiefly for want of Corn , which is one principal Consideration to be regarded , according to the Italian Proverb , Pane in Piazza , Giustitia in Palazzo , siverezza per tutto : Whereunto I could wish every Prince or Supreme Governor to be thus qualified ( viz. ) Facile de audienza : non facile de credenza , desioso de spedition , essemplare in costunii proprii , & inquei de sua casa tale chevorra governare , e non esser governato da altro ; he della raggione . CHAP. XIII . Observations confirmed by Authorities of Princes and Principalities , Charactering an excellent Prince or Governor . EVery good and lawful Principality is either Elective or Successive : Of them Election seemeth the more Ancient ; but Succession in divers respects the better : Minore discrimine sumitur Princeps quam quaeritur . Tac. The chief and only Endeavor of every good Prince , ought to be the Commodity and Security of the Subjects , as contrariwise the Tyrant seeketh his own private Profit with the Oppression of his People : Civium non servitus sed tutela tradita est . Sal. To the Perfection of every good Prince , two things are necessarily required ( viz. ) Prudence and Vertue ; the one to direct his Doings , the other to govern his Life : Rex eris si recte feceris . Hor. The second care which appertaineth to a good Prince , is to make his Subjects like unto himself ; for thereby he is not only honored , but they also the better governed : Facile imperium in bonos . Plaut . Subjects are made good by two means ( viz. ) by constraint of Law , and the Princes Example ; for in all Estates , the People do imitate those Conditions whereunto they see the Prince enclined : Quicquid faciunt principes , praecipere videantur . Quintil. All Vertues be required in a Prince , but Justice and Clemency are most necessary ; for Justice is a Habit of doing things Justly , as well to himself as others , and giving to every one so much as to him appertaineth : This is that Vertue that preserveth Concord among Men , and whereof they be called good : Jus & acquit as vincula civitatum . Cic. * It is the Quality of this Vertue also , to proceed equally and temperately ; it informeth the Prince not to surcharge the Subjects with infinite Laws ; for thereof proceedeth the Impoverishment of the Subjects and the Inriching of Lawyers , a kind of Men which in Ages more Ancient , did seem of no Necessity : Sine causidicis satis foelices olim fuere futur acque sunt urbes . Sal. The next Vertue required in Princes is Clemency , being an Inclination of the Mind to Lenity and Compassion , yet tempered with Severity and Judgment ; this Quality is fit for all great Personages , but chiefly Princes , because their occasion to use it is most ; by it also the Love of Men is gained : Qui vult regnare , languida regnet manu . Sen. After Clemency , Fidelity is expected in all good Princes , which is a certain Performance and Observation of Word and Promise ; this Vertue seemeth to accompany Justice , or is as it were the same , and therefore most fit for Princes : Sanctissimum generis humani bonum . Liv. As Fidelity followeth Justice , so doth Modesty accompany Clemency ; Modesty is a Temperature of Reason , whereby the Mind of Man is so governed , as neither in Action or Opinion he over-deemeth of himself , or any thing that is his ; a Quality not common in Fortunate Folk , and most rare in Princes : Superbia commune nobilitatis malum . Sal. This Vertue doth also moderate all External Demonstration of Insolence , Pride and Arrogance , and therefore necessary to be known of Princes , and all others whom Favor or Fortune have advanced : Impone foelicitati tua fraenos , facilius illam reges . Curt. But as Princes are to observe the Bounds of Modesty , so may they not forget the Majesty appertaining to their Supreme Honor , being a certain Reverend Greatness due to Princely Vertue and Royal State ; a Grace and Gravity no less beseeming a Prince than Vertue it self ; for neither over-much Familiarity , nor too great Austerity , ought to be used by Princes : Facilitas autoritatem , severitas amorem minuit . Tac. To these Vertues we may apply Liberality , which doth not only Adorn , but highly Advance the Honor due to Princes ; thereby also the good Will of Men is gained ; for nothing is more fitting a Prince's Nature than Bounty , the same being accompanied with Judgment , and performed according to the Laws of Liberality : Perdere multi sciunt , donare nesciunt . Tac. It seemeth also that Prudence is not only fit , but also , among other Vertues , necessary in a Prince ; for the daily use thereof is in all Humane Actions required , and chiefly in Matters of State and Government : Prudentia imperantis propria & unica virtus . Arist. The Success of all Worldly Proceedings , doth shew that Prudence hath compassed the Prosperous Event of Humane Actions , more than Force of Arms or other Power : Mens una sapiens plurium vincit manus . Eurip. Prudence is either natural , or received from others ; for whoso can Counsel himself what is fit to be done , needeth not the Advice of others ; but they that want such Perfection , and are nevertheless capable , and are willing to know what others inform , ought to be accounted wise enough : Laudatissimus est qui cuncta videbit , sed laudandus est is qui paret recte monenti . Hesiod . CHAP. XIV . Of the Princes intimate Counsellors and Ministres of State , with their several Requisites . ALbeit the excellent Spirit of some Princes be such as doth justly deserve the highest Commendation ; yet for that every Course of Life needeth the Aid of Men , and the Mind of one cannot comprehend the infinite Care appertaining to publick Affairs ; it behoveth Princes to be assisted : Magna negotia , adjutoribus egent . Tac. The Assistants may be properly divided into Counsellors and Ministers ; the one to Advise , the other to Execute : Without Counsel , no Kingdom , no State , no private House can stand ; for Experience hath proved , that Common-weales have prospered so long as good Counsel did govern , but when Favor , Fear or Voluptuousness entered , those Nations became disordered ; and in the end subject to Slavery : Quiddam sacrum profecto est Consultatio . Plato . Counsellors are Men specially selected to give Advice to Princes or Common-wealths , as well in Peace as in War ; the chief Qualities required in such Men , are Fidelity and Knowledge ; which two concurring do make them both Good and Wise , and consequently fit for Counsel : Prudentis proprium munus recte consulere . Arist. The Election of Counsellors is and ought to be chiefly among Men of long Experience and grave Years ; for as Youth is fittest for Action in respect of Corporal Strength ; so elder Folk having felt the Force of every Fortune , and observed the Course of Worldly Proceedings do seem most meet for Consultation : Consilia senum , facta juvenum . Plato . Albeit we say that the Excellency of Wisdom should be in Counsellors ; yet do we not require so quick and fiery a Conceit as is more apt for Innovation than orderly Government : Hebetiores quam acutiores melius Remp. administrant . Thucyd. To Fidelity and Experience we wish that our Counsellors should be endued with Piety , Liberty , Constancy , Modesty and Silence ; for as the Aid and Assistance of God is that which governeth all good Counsels , so liberty of Speech , and magnanimous uttering of what is good and fit , is necessary in Counsellors . Likewise to be constant and not to vary in opinion , either for Fear or Favor , is very commendable : Also as Modesty in giving Counsel escheweth all Offences , and gaineth good Will , so Secresie is the best and most secure means to govern all publick Affairs : Res magnae sustineri non possunt ab eo qui tacere nequit . Curt. The first Obstacle to good Counsel is Pertinacy or Opiniativeness ; a Condition far unfit for Counsellors ; yet some Men are so far in love with their own Opiniastre Conceits , as that they cannot patiently endure Opposition . Secondly , Discord must from Counsellors be removed , because private Offence many times impeacheth publick Proceedings . Thirdly , Affection is an Enemy to Counsel , the same being commonly accompanied with Anger , wherewith nothing can be rightly or considerately done . Lastly , Avarice seemeth a Vice worthy to be abhorred of all Counsellors , because it driveth away both Fidelity and Honesty , the principal Pillars of all good Counsel : Pessimum veri affectus & judicii venenum , utilit as . Tac. To good Counsel other Impediments there are , which square not with Wisdom ; for all Crafty and Hazarding Counsels do seem in the beginning likely to succeed ; but afterwards and chiefly in the end do prove hard and of evil Event . It therefore seemeth behoveful to be wary in resolving , and bold in executing : Animus vereri qui scit , scit tuto aggredi . Pub. Another Lett to good Consultation is immoderate Desire , which every wise Man must endeavor to restrain : Cupiditate pauca recte fiunt , circumspectione plurima . Thucyd. Thirdly , Haste is an Enemy to good Deliberation ; for whoso greedily desireth any thing , proceedeth rashly ; and rash proceeding endeth ever in Repentance : Scelera impetu , bona consilia mora valescunt . Tac. Of Ministers of State. Having already spoken of Counsellors , somewhat is to be spoken of Ministers ; I mean those that either publickly or privately serve the Prince in any Function ; in choice of which Men , care must be had ; First , That they be Persons honestly born ; for no Man descended of base Parentage may be admitted , unless in him be found some noble and excellent Vertue : Optimus quisque Nobilissimus . Plato . Secondly , They ought to be of honest Condition , and of good Fame ; for that Common-weale is better and more secure , where the Prince is not good , than is that where his Ministers are Evil. It seemeth therefore that Ministers should be Men of good Quality and Blameless : Emitur sola virtute potestas . Claud. Thirdly , Consideration is to be had of their Capacity and Fitness , for that Function wherein they are to be used ; for as some Men are apt for Learning , so others are naturally disposed to Arms. Also it is necessary that every one Square with the Office whereunto he is appointed , in which matter some Princes have used great Caution ; for as they little liked of Men Excellent , so they utterly detested the Vitious ; the one they doubted to trust in regard of themselves , the other were thought a publick Indignity to the State. Wise Men have therefore resolved , that those Wits which are neither over-haughty and singular , nor they which be base or dull , are fittest for Princes Secrets and Services ; howsoever we may hereof say with Tacitus : Nescio quomodo Aulica haec comitia affectus dirigit , & fato quodam ac sorte nascendi , ut caetera , ita principum inclinatio in hos , offensio in illos est . Tac. And because the Course and Quality of Mens Lives serving in Court , is of all other the most uncertain and dangerous , great Heed and Circumspection ought therein to be used ; for whoso serveth negligently , forgetting the dutiful Endeavors appertaining to the place , seemeth to take a way of no good speed : Quanto quis obsequio promptior , tanto honoribus & opibus extollitur . Tac. It shall also become such a Man to look well unto his own Profit , and behave himself rather Boldly than Bashfully : Malus minister Regii imperii pudor . Sen. To be Modest , and closely to handle all Actions , is also a course well beseeming a Courtier ; neither shall he do well to attribute any good Success to his own Vertue or Merit , but acknowledge all to proceed from the Prince's Bounty and Goodness , by which means Envy is eschewed , and the Prince not robbed of his Honor : Haec est conditio Regum , casus tantum adversos hominibus tribuant , secundos virtuti suae . Prov. Emped . And to conclude these Precepts Summarily , I say it behoveth all Ministers and Servants in Court to be Patient , Wary and of few words : Fraudum sedes Aula . Sen. CHAP. XV. The Art of Ruling , or Mystery of Regiment . TO Govern , is a certain Skill how to command and continue Subjects in due Obedience , so as offend they ought not , or if they will they cannot ; wherein two special things are to be considered ( viz. ) the Nature of Men , and the Nature of the State ; but first the Condition of the Vulgar must be well conceived : Noscenda natura vulgi , & quibus modis temperanter habeatur . Tac. The Disposition of Men is divers ; some are apt to Anger , some are Hardy , some Fearful ; it therefore behoveth the Prince to accommodate his Government to the Humor of People whom he governeth : Principis est virtus maxima nosse suos . Mart. Likewise the Nature of Commonweals is mutable and subject to change , and Kingsare not only accompanied with Fortune , but also followed with Hate , which breedeth a continual Diffidence , chiefly towards those that are nearest to Majesty : Suspectus semper invisusque dominantibus quisquis proximus destinatur . Tac. Moreover the Vulgar sort is generally variable , Rash , Hardy , and void of Judgment ; Ex opinione multa , ex veritate pauca judicat . Cic. To confirm a Government , Force and Arms are of greatest necessity ; by force I mean the Guards and Arms which Princes use for their Defence or Ornament ; Miles in foro , Miles in curia principem comitari debet . Tac. To this may be added Fortification and strong Buildings , in these days much used by new Princes , and others also to whom People yield , not willing Obedience . In ancient times Princes planted Colonies as well to suppress Rebellion in Conquered Countries , as to front suspected Neighbors : Coloniae vera sedes servitutis . Tac. The Government of Princes is also greatly increased by a Virtue , which I call a commendable Affection in Subjects , proceeding of Love and Authority : These effects do grow from the Princes own Merit , but their being liveth in the mind of the People ; this Love is gained by Lenity , Liberality , and Mercy ; yet is every of them to be tempered : Nec aut reverentiam terrore , aut amorem humilitate captibis . Plin. Affection is also no way sooner won then by Liberality , the same being used with Judgment and Moderation . Bellorum sociis , periculorum consortibus , sivi de te bene ac fortiter — — meritis . Sen. By Indulgence likewise , and Princely Affability , the love of Men is gain'd ; for the Multitude desire no more than necessary Food and Liberty , to use ordinary Recreations : Vulgo , sicut pueris , omne ludicrum in pretio est . Sen. CHAP. XVI . Of Princely Authority ; Wherein it consists , and how far to be extended and delegated . AUthority is a certain reverent Impression in the Minds of Subjects and others touching the Princes Virtue and Government ; it resteth chiefly in Admiration and Fear : Ingenita quibusdam gentibus erga reges suos veneratio . Curt. Authority consisteth in three things ; ( viz. ) the Form of Government , the Strength of the Kingdom , and the Condition of the Prince ; for in them all Reputation and Security resteth : Majest as Imperii , salutis tutela . Curt. Whoso desireth to govern well , it behoveth him to use Severity , Constancy and Restraint ; for over much Lenity introduceth Contempt , and certain hope of Impunity ; the Condition of Men being such as cannot be restrained by Shame , yet it is to be commanded by Fear : Salutaris severit as vincit inanem speciem clementiae . Cic. Yet ought Severity to be used with great respect and sparingly , because over great Terror breedeth Desparation : Poena ad paucos , metus ad omnes perveniat . Cic. To govern constantly is nothing else but to continue the old and ancient Laws in force without Change or Innovation unless exceeding great Commodity or urgent Necessity shall so require : for where extream Punishments are used , Reformation is always needful : Nocet interdum priscus rigor & nimia severitas . Tac. Also to restrain Authority is a matter of great Necessity and worthy a Wise Prince ; else he maketh others partakers of the Honor and Power to himself only due , the same being also dangerous : Periculosam privati hominis nomen supra ( immo & juxta ) principes extolli . Tac. It seemeth also perilous that great Authority given to private Men should belong ; for thereby oft-tentimes they are made Insolent and apt to Innovation : Libertatis sive principatus magna custodia est , si magna imperio diuturna esse non sinas . Liv. Authority is also reinforced and enlarged by Power , without which no Prince can either take from others or defend his own : Parum tuta sine viribus Majestas . Liv. CHAP. XVII . Of Power and Force ; and how to be raised and maintained . POwer and Strength is attained by these five ways , Money , Arms , Counsel , Friends and Fortune ; but of these the first and most forcible is Money : Nihil tam munitum quod non expugnari pecunia possit . Cic. Next to Money Arms are of most use as well to defend as to offend ; to keep , and to conquer ; for oft-tentimes occasion is to be offered as well to take from others , as to hold what is our own : Sua retinere privatae est domus , de alienis certare Regia laus est . Tac. Also of great and necessary use is Counsel , to devise how Arms ought to be employed or enforced : Arma concilio temperanda . Tac. Likewise Friends and Confederates do greatly increase the Virtue of Power , the same being such as have both wit and ability to aid : In caducum parietem ne inclina . Adri. The last , yet not the least part of Power consisteth in Fortune ; whereof daily Experience may be seen ; for the Success of all humane Actions seem rather to proceed from Fortune than Virtue : Omni ratione potentior fortuna . Curt. To these Particularities concerning Power , we may add the Qualities of the Prince , which greatly Grace his Authority ; these are partly internal , and partly external : by the one I mean the Virtues of the Mind , by the other a certain seemly Behavior and comely gesture of the Body ; of the first kind I do suppose Piety and Providence to be the chief , for Piety maketh a Prince Venerable , and like unto God : Oportet principem res divinas videri curare serio & ante omnia . Arist. Providence is a Forecast and likely conjectures of things to come , supposed to be in those Princes that in their Actions proceed slowly and circumspectly , it seemeth also a course of Princely Discretion to be retired aud not ordinarily to converse with many : Autoritatem absentia tueare . Suet. CHAP. XVIII . Of Conspiracy and Treason , with the Causes and ways of Prevention or Discovery . COnspiracy is commonly addressed to the Princes Person ; Treasons are addressed against his Government , Authority , Country , Subjects , or Places of Srength . These Mischiefs are easily feared , but hardly eschewed ; for albeit open Enemies are openly encountred , yet Fraud and Subtilty are secret Foes , and consequently not to be avoided : Occulta pericula neque praevidere neque vitare in promptu est . Salust . The danger of Conspiracy proceedeth of divers Causes , as Avarice , Infidelity of Subjects , Ambition in Servants , and Corruption in Soldiers , therefore with great difficulty to be avoided : Vitae tuae dominus est , quisquis suam contempsit . Sen. Notwithstanding it seemeth that either by Inquisition , Punishment , Innocency , or Destiny , the evil Affection of Men may be oft-tentimes discovered : 1. For whoso will curiously inquire and consider the Actions and ordinary Speechees of Men ( I mean those that be Persons of Honor and Reputation ) may oft-tentimes vent the Myne that lurketh in the Minds : Quoniam rarò nisi male loqunti mali faciunt . Lips. 2. Punishment is likewise a thing so terrible that the Consideration thereof with the hope of Reward doth often discover those dangerous Intentions : Cruciatu aut praemio cunct a pervia sunt . Tac. But as it is Wisdom in Princes to give ear to Informers , so are they not always to be believed ; for Hope , Envy , Hate , or some other Passion oft-tentimes draws them to speak untruly : Quis innocens esse potest si accusare sufficit ? Tac. 3. The third and likeliest Defence against Conspiracy is the Princes own Innocency ; for never having injured any Man , it cannot be thought there liveth any Subject so lewd as will endeauor to hurt him : Fidelissima custodia principis ipsius innocentia . Plin. 4. The last and best Bulward to withstand the force of this Mischief we call Destiny ; which proceeding from the Fountain of Divine Providence , may be truly called the Will of God ; in whose only Power it resteth to protect and defend good Princes : Ille erit a latere tuo , & custodiet pedem tuum ne capiaris . Salo. Treasons are most commonly enterprized by covetous Persons , who preferring private Profit before Fame or Fidelity , do not fear to enter into any impious Action : To this humor ambitious Men dissentious , and all such as be desirous of Innovation , are inclined : Pulcra loquentes iidem in pectore prava struentes . Hom. To these Offenders no Punishment is equal to their impious Merit , can be devised , being Persons odious as well to Friends as Foes : Proditores etiam in quos anteponunt , invisi sunt . Tac. CHAP. XIX . Of Publick Hate and Contempt , with the Occasions and Means to redress and avoid it . HAving briefly touched the Virtues and Means whereby Princes are maintained in Authority and Honor , let something be said of the Causes from whence their Ruine doth proceed ; the chief whereof seemeth to be Hate and Contempt : Hate cometh of Fear , which the more Common it is , the more Dangerous : Nulla vis imperii tanta est , quae premente metu possit esse diuturna . Cic. The causes of Fear are Punishments , Impositions and Rigor ; and therefore it behoveth a Prince not only to shun them , but to eschew those Actions whereby he may reasonable incur their Suspision : Sentias enim homines ut metuant aut oderint , non minus opinione & fama , quam certa aliqua ratione moveri . Cic. Yet Punishment , Imposition and Censure are in all States necessary , although they shew and seem terrible , and consequently breed a certain Desperation in Subjects , unless they be discreetly and modestly used ; for extream and frequent Punishments taste of Cruelty ; great and many Imposts savor of Covetousness ; Censure of Manners when it exceedeth the quality of Offences , doth seem Rigour in these matters ; therefore it behoveth the Prince to be moderate and cautelous , chiefly in Capital Punishment , which must be confined within the Bounds of Justice : Sit apud principem parsimonia etiam viliffimi sanguinis . Sen. But if for Security sake the Prince be forced to punish , let the same be done with shew of great Sorrow and Lothness : Tanquam invitus & magnocum tormento ad castigandum veniat . Sen. Let all Punishments also be slowly executed ; for they that are hastily punished do seem to have been willingly condemned ; neither ought any Capital Punishment to be inflicted but only that which is profitable to the Commonweale , and for Example sake : Non tam ut ipsi pareant , quam ut alios pereundo deterreant . Sen. In punishing also a specil respect must be had , that no shew of content or pleasure be taken therein : Forma rabiei est sanguine & vulneribus gaudere . Sen. Also in Punishing , equality must be observed , and the nature of the Punishment according to the Custom : Nec eisdem de causis alii plectantur , alii ne appellentur quidem . Cic. But in punishing publick Offences wherein a Multitude have part , the Execution ought to be otherwise , and as it were at an instant , which may haply seem terrible , but in effect is not : Frequens vindict a paucorum odium reprimit ; omnium irritat . Sen. Another means to satisfie a People offended is to punish the Ministers of Cruelty , and with their Blood to wash away the common hatred . Piaculares publici odii victimae . Plin. By this King David did appease the Gibeonites . The next cause of Discontent cometh of Impositions , under which word is comprehended all Levies of Money , a matter nothing pleasing to People , as that which they esteem equal to their own Lives : Pecunia anima & sanguis est mortalibus . Plaut . First , to remove Hate conceived of this cause , there is nothing better then publick Expostulation of Necessity : for what Commonwealth or Kingdom can be without Tributes ? Nulla quies gentium sine armis , nec arma sine stipendiis , nec stipendia sine Tributis haberi queunt . Tac. The second Remedy against Hate for Impositions is to make moderate Levies and rare . For as Tiberius the Emperor was wont to say , a Sheep should be fleeced not flead : Qui nimis emungit , elicit sanguinem . Tac. Thirdly , also to eschew the Offence of People , it behoveth the Prince to have a vigilant Eye on Informers , Promoters , and such fiscal Ministers , whose Cruelty and covetous Proceedings do oft-tentimes occasion great Hate ; but this mischief may be , though hardly , encountred , either by choosing honest Officers , or ( proving otherwise ) not only to remain them but to use them as Spunges : Exprimendi post quam biberint . Suet. In all Impositions or Taxations , no Cruelty or Force ought to be used , the second cause to kindle Hate : and to meet with that mischief , nothing is better than to proceed moderately , and without Extremity : Ne Boves ipsos , mox agros , postremo corpora servitio aut poenae tradant . Tac. The fourth Remedy is the Princes own Parsimony , not giving so largely to private Persons as thereby to be forced to take from the Multitude : Magnae opes non tam multa capiendo , quam haud multa perdendo , quaeruntur . Maecaenas . The last help against Hate is in Taxation to proceed equally , indifferently , and without Favor or Respect ; and that the Assessors of Taxes may be elected of the meaner fort of People : Populis maximam fidem rerum suarum habet . Tac. Touching Censure , which we numbred amongst the causes whereof Hate is conceived , much needeth not to be spoken , because the same is discontinued , or rather utterly forgotten ; yet doth it seem a thing necessary , being a certain Observation and Controlement of such evil Manners and Disorders , as were not by Law corrigible ; these Officers were of the Romans called Magistri pudoris & modestiae . Livi. To the Function of Censures these two things are anciently subject Manners , and Excess ; under Manners I comprehend Wantonness , Drunkenness , Dicing , Brawling , Perjury , and all such Lewdness as Modesty condemneth . These Disorders were anciently punished by the discretion of Censors in all Ages and Sexes , to the end that Idleness might be generally avoided . Universa plebs habeat negotia sua , quibus a malo publico detineatur . Salust . Excess includeth Riotousness , expence of Money , Prodigal House-keeping , Banquetting and Superfluity in Apparel , which things are the Mothers of many Mischiefs . It also seemeth in some sort perilous to the Prince that the Subject should exceed either in Covetize or Consuming : Nemo nimis excedat , five amicorum copia , sine opum . Arist. The Punishment inflicted upon these sorts of Offenders , were either Ignominy , or Pecuniary Punishments : Censoris judicium damnato nihil affert nisi ruborem . Tac. The first and chiefest means to remove these Inconveniences , is the Princes own Example , whose Life being well censured , easily reduceth others to order . Vita principis censura perpetua . Plin. Secondly , Those Disorders may be taken away without danger , if the Censures do proceed by degrees and leasurely ; for the Nature of Man may not suddenly be altered . Vitia quaedam tollit facilius princeps , si eorum sit patiens . Sen. These are the chiefest Rules whereby to eschew Hate ; but impossible it is for any Prince or Minister utterly to avoid it ; for being himself good , he incurreth the Offence of all bad Folk , if he be Evil , Good Men will hate him ; this Danger therefore Wise and Vertuous Princes have little regarded ; because Hate may be gained as well by good as evil Doing : Odia qui nimium timet , regnare nescit . Sen. One other means to remove this Error , is , to reward the good and well deserving Subjects ; for no Man can think him Cruel , that for love to Vertue useth Austerity ; which will appear , when he bestoweth Bountifully on the Good : Praemio & poena Respublica continetur . Solon . The other Vice which indangereth the State of Princes , we call Contempt , being a certain base and vile Conceit , which entereth into the Subjects , Strangers or Servants , of the Prince and his Proceedings ; for the Authority of a King may be resembled to the Powers of Mans Mind , whereunto the Hands , the Feet , the Eyes , do by consent obey : Vires imperii in consensu obedientium sunt . Livi. The Causes of Contempt do proceed chiefly from the Form of Government , Fortune , or the Prince's Manners ; the Form of Government becometh Contemptible , when the Prince , desiring to be thought Merciful , ruleth rather Pitifully than Justly ; which manner of Proceeding taketh away all Reverence in the People , and in lieu thereof , entereth Liberty , or at least a certain Boldness to offend : Facult as faciendi quod cuilibet visum , non potest comprimere ingenitam singulis hominibus pravitatem . Tac. Also to be Mutable , Irresolute , Light and Inconsiderate in bestowing the Honors and Offices of State , maketh the Prince Contemptible : Qui praesentibus fruitur , nec in longius consultat . Arist. But if Contempt be caused by Fortune , or as may be said more reasonably , by Destiny , and that those Friends do fail , who ought in Duty to defend the Prince and his Authority , then is there small hope to eschew Contempt : Fato obnoxia virtus . Plaut . The Prince's Manners do breed Contempt , when he yieldeth his Affections to Sensuality and Sloth , or if he incur the Suspition of Simplicity , Cowardise , or any such Vice , unworthy the Dignity he beareth : Common People do sometimes also disesteem the Prince for external and light causes , as Deformity of Person , Sickness or such like : Mos vulgi est , fortuita & externa ad culpam trahere . Tac. CHAP. XX. Of Diffidence and Dissimulation in the Management of State Affairs . ALbeit roundness and plain dealing be most worthy Praise , chiefly in private Persons ; yet because all Men in their Actions do not so proceed , it behoveth Wise Men and Princes , above others , at occasions to Semble and Dissemble ; for as in all Actions a Prince ought to be Slow and Advised ; so in Consent and Believing , Haste and Facility is most dangerous ; and though Credulity be rather an Error than a Fault , yet for Princes it is both Unfit and Perilous . Wherefore it importeth them to be defended with this Caution , Nihil credendo , atque omnia cavendo . Cic. Notwithstanding he must not shew himself Diffident or Distrustful utterly ; but as I wish he should not over-slightly believe all Men , so ought he not for small causes distrust every Man : Multi fallere docuerunt , dum timent falli . Sen. Dissimulation is as it were begotten by Diffidence , a Quality in Princes of so great Necessity , as moved the Emperor Tiberius to say , Nescit regnare , qui nescit dissimulare . The Necessity of Dissimulation is chiefly to be used with Strangers and Enemies ; it also sheweth a certain Discretion in Magistrates , sometimes to disguise with Friends when no Offence doth thereof follow : Doli non sunt doli , nisi astu colas . Plaut . This kind of Craft , albeit in every Mans Conceit not praisable , is nevertheless tolerable , and for Princes and Magistrates ( the same being used to good ends ) very necessary . But those Cunnings which are contrary to Vertue , ought not of Honest Men to be used ; neither dare I commend Adulation and Corruption , though they be often used in Court , and are of some Learned Writers allowed : Decipere pro moribus temporum , prudentia est . Plin. By great Subtilty and Frauds , contrary to Vertue and Piety , I mean Perjury and Injustice , which though all Men in Words detest , yet in Deeds are used of many , perswading themselves , by Cavillations and Sophistications , to excuse the Impiety of their False Oaths ; as it is written of Lysander , Pueros talis , viros juramentis circumvenire solebat . Plut. CHAP. XXI . Of War Defensive and Invasive ; with Instructions touching Laws of Arms , Soldiers and Military Discipline . THE Art Military is of all other Qualities most necessary for Princes , for without it they cannot be defended ; force of Men only sufficeth not , unless the same be governed by Council , and Martial Wisdom : Duo sunt quibus resp . servatur ; in hostes fortitudo , & domi concordia . Tac. Military knowledge concerneth War , and every War is either Forreign or Domestical . Touching Forreign , it must be considered when it must be begun , how to continue it , and when to be ended ; to begin War , a Prince is to take heed that the Cause be Just , and the Enterprise advisedly entred into : Sunt enim & belli sicut pacis jura , justeque ea non minus ac fortiter gerere debes . Livi. The Laws of Arms are in all Common-weales to be duly observed ; for to enter Fight rashly and without respect to Reason , were Beastly ; also to Kill or Slay would work no better Effect , than that all Nations should without Mercy Murder one another : Barbaro ritu coedem coede , & sanguinem sanguine expiare . Sal. No War therefore is to be made , but such as is Just ; and in every Just War these three things are to be looked into ( viz. ) That the Author be of Authority , That the Cause be Good , and the End Just ; for in all States , the Prince , or they in whom the Sovereignty resteth , are the Just Authors of War ; others have no such Authority : Si quis privatim sine publico scito , pacem bejumve fecerit , capitale esto . Plato . Wars are of two sortt ; Defensive and Offensive ; the one to Resist , the other to Invade ; against Defence nothing can be said , because it is Natural and Necessary . Est non modo justum sed etiam necessarium cum vi vis illat a defenditur . Cic. Defensive War is of two sorts , either to defend thine own , or thy Friends ; for it is reason that every one should keep securely that which to him appertaineth ; and therewith also by Arms to defend the Liberty of Country , Parents and Friends : Nullum bellum a civitate suscipitur nisi aut pro fide aut pro salute . Cic. The like reason leadeth us to assist and protect Friends ; for the common Obligation of Humane Society doth so require : Qui enim non obsistit si potest , injuriae , tam est in vitio , quam si parentes aut patriam , aut socios deserat . Cic. Invasion is also just and allowable , but not ever ; for whoso hath been robbed , or spoiled of his Lands or Goods , may lawfully seek Repossession by Force ; yet so as before any Force be used , he first civilly seek Restitution , wherein if Justice be denied , then is the use of Arms necessary : Justum bellum quibus necessarium ; & pia arma quibus nulla nisi in armis relinquitur spes . Liv. Likewise Invasion is lawful against Barbarians , whose Religion and Impiety ought to be abhorred , chiefly if they be Potent and apt to offend ; for the cause of such War is Compulsion and Suppression of Evil : Cui licentia iniquitatis eripitur , utiliter vincitur . August . Finally , To conclude this matter of Invasion , I say , That no Revenge , no desire of Honor or Empire , are any lawful Causes of War ; but the intent thereof ought to be directed only to Defence and Security : For Wise Men do take Arms to win Peace , and in hope of Rest they endure Travel : It a bellum suscipiatur ut nihil aliud quam pax quaesit a videatur . Cic. Having said somewhat against unjust War , let us speak of Temerity and unadvised War , an Enterprise worthy discommendation : Omnes bellum sumunt facile , agerrime desinunt ; nec in ejusdem potestate initium & finis est . Sal. A wise I rince therefore ought neither to undertake any unlawful Invasion , nor without sober and mature Deliberation enter into any War , as he that is unwilling to offend , yet of Courage enough to defend : Nec provoces bellum , nec timeas . Plin. To make War three things are required , Money , Men and Arms ; and to maintain a War , Provision and Council , are needful : Therefore a wise Prince , before he begins a War , doth carefully consider what Forces and charge thereunto belongeth : Diu apparandum est bellum , ut vincas melius . Pub. Above all other Provisions , care must be had , that Bread be not wanting ; for without it neither Victory nor Life can be looked for : Qui frumentum necessariumque commeatum non praeparat , vincitur sine ferro . Vegetius . Lastly , It behoveth a Prince always to have Arms in readiness , I mean , Harness , Horses , Weapons , Artillery , Engines , Powder , and every other thing necessary either for Service on Horse or Foot : We may add hereunto Ships , and Shipping of all sorts , with every Furniture of Offence or Defence ; for these Preparations make a Prince formidable , because no Man dare do or attempt Injury to that King or People , where Preparation is ever ready to revenge : Qui desiderat pacem , praeparat bellum . Cass. By Men we mean a Multitude of Subjects armed , trained to defend or offend : These are of two sorts , Captains and Soldiers ; and Soldiers are either Footmen or Horse-men ; the one of great use in the Champion , the other in Mountainous places ; also for defence or assault of Towns or Grounds fortified most necessary , and consequently meet for Service in all places , which moved Tacitus to say , Omne in pedite robur . Tac. For sudden Service , Horses do seem most meet , and the Execution of any Enterprise is by them most speedily performed : Nevertheless the Actions of Foot-men do seem most certainly executed , chiefly if they be well armed , and skilfully lead ; for so Experience hath of late time proved ; besides , that they are of less Expence and of greater number : In universum aestimanti plus in pedite robur . Tac. Having thus proved , that both Horse and Foot be necessary , let us remember , that unless they be serviceable , great Numbers are to small purpose : Manibus opus est bello , non multis nominibus . Livi. To make Soldiers serviceable , consisteth in good Choice and good Discipline ; the one at this day little regarded : Emunt militem , non legunt . Livi. Soldiers ought to be elected out of the most honest and able Number of Bodies , and every Company composed of Men known one to the other ; for thereby they are made the more Confident : But hereof is small heed taken , for commonly they are Purgament a urbium suarum . Curt. Touching Discipline , it seemeth that thereof the external Form , and not the certain Substance , is observed : For as in former Ages Soldiers endeavored to be Vertuous and Modest , so now they rather study to excel in Riot than in Martial Knowledge : Exercitus lingua quam manu promptior , praedator est sociis , & ipsa praeda hostiam . Sal. For as much as Soldiers are made good by Election and Choice , it seemeth that the Foundation and Ground of Service consisteth in the Discretion and Judgment of those that have Authority to make Election ; yet will we add , that they must be chosen of Natural Subjects , for Strangers are Covetous , and consequently Corruptible ; they are also Mutinous and Cowardly : Their Custom likewise is to Rob , Burn and Spoil both Friends and Foes , and to consume the Princes Treasure : Ossa vides regum vacuis exsucta medullis . Juven . But the Native Soldier is Faithful and Obedient , Resolute in Fight , Loving to his Country , and Loyal to his Prince : Gentes quae sub regibus sunt , pro Deo colunt . Curt. Native Soldiers are of two sorts , ( viz. ) They that be in continual Pay , and they that are trained ready to serve , but do notwithstanding attend their own private Affairs , until they be called : The first are for all Princes necessary : In pace decus , in bello praesidium . Tac. Of this sort no great number ought to be , as well to eschew Disorder , as also to save Expences . The second kind of Foot Soldiers are to be levied in Villages , as People more patient of Pains , and fit for the Wars ; yet so judiciously disposed as the Citizens : Odio praesentium & non cupidine mutationis . Tac. Touching the number of these extraordinary Soldiers , that must be referred to Discretion : Bellum parare , simul & aerario parcere . To conclude , I say these numbers of ordinary and extraordinary Foot ought to be according to the number of the People , not inserting any Gentlemen ; for Service on Horse-back is to them only proper : Alas rusticis non tribuo ; in nobilitatem & in divites haeo a pauperibus onera inclines . Livi. The most certain Notes whereby to conceive the Disposition of Men fit to become Soldiers , are these Five , The Country where they are Born , their Age , Proportion of Body , their Quality of Mind , and their Faculty . Touching , First , Their Country , it is a thing apparently proved , that Mountainous Regions , or Barren places , and Northern Habitations , do breed Wits well disposed to the War : Locorum asperit as hominum quoque ingenia durat . Curt. Secondly , The Age most apt for the War , was anciently observed to be about eighteen Years , and so the Romans used : Facilius est ad virtutem instruere novos milites , quaem revocare praeteritos . Veget. Thirdly , The Stature of a Soldier ought to be observed : Marius liked best the longest Bodies ; Pyrrhus preferred large and well proportioned Men ; but Vegetius in his Choice , rather esteems Strength than Stature : Utilius est fortes milites esse quam grandes . Veget. Fourthly , The Mind or Spirit of a Soldier ought to be considered , for that Mind which is quick , nimble , bold and confident , seemeth apt for War : He is also of good Hope , that loveth Honor more than Ease or Profit : In brief , Is qui nihil metuit nisi turpem famam . Sal. Lastly , It is to be marked in what Art or Faculty a Man hath been bred ; for it may be presumed that Fishers , Fowlers , Cooks , and others trained up in Effeminate Arts , are unfit for Martial Endeavor : And as these Men were , in respect of their Trade , thought unmeet , so in old time , Slaves and Masterless-Men were repulsed from Arms , as Persons Infamous : Sed nunc tales sociantur armis quaeles Domini habere fastidiunt . Veget. How Soldiers ought to be chosen , these few words we have spoken , may suffice . Let us therefore say somewhat of Discipline . Choice findeth out Soldiers , but Discipline doth make and continue them fit for Service : Paucos viros fortes natura procreat , bona institutione plures reddat industria . Veget. Discipline is a certain severe Confirmation of Soldiers in their Valor and Vertue , and is performed by four means , Exercise , Order , Compulsion and Example . The two first appertain to Valor , the third to Vertue , the last to both : But of Exercise , first , I say , That a Soldier being chosen ought to be informed in Arms , and used in Exercise and Action ; the word exercitium importeth nothing else : Exercitus dicitur , quod melius fit exercitando Varro . Order consisteth in dividing , disposing , and placing of Men aptly on all Occasions to be commanded , as the Leaders shall direct : This matter requireth a large Discourse , and therefore I refer it to skilful Captains and Writers , as Polybius , Vegetius , De la Nonne , and others . Compulsion and Correction , is that which bridleth and governeth the Manners of Soldiers ; for no Order can be observed amongst them , unless they be Continent , Modest and Abstinent ; for Continency is chiefly to be shewed in their Diet , and moderate Desires : Degenerat a robore ac virtute miles assuetudine voluptatum . Tac. The Modesty of a Soldier is perceived by his Words , Apparel and Actions : For to be a Vaunter , or Vain-glorious Boaster , is far unfit in him that professeth Honor or Arms , seeing true Vertue is silent : Viri militiae nati , factis magni , ad verborum linguaeque certamina , rudes . Tac. The Apparel of a Soldier sheweth Modesty , if therein he do not exceed ; for albeit it fitteth well the Profession of Arms , to be well armed and decently apparelled ; yet all Superfluity savoreth of Ignorance or Vanity : Horridum militem esse decet , non coelatum auro argentoque sed ferro . Livi. Abstinence is also fit for all Soldiers ; for thereby guided , they refrain from Violence and Insolency ; by that Rule also they are informed to govern themselves civilly in the Country where they serve , and likewise in their Lodgings : Never taking any thing from the Owner , nor committing any Outrage : Vivant cum provincialibus jure civili , nec insolescat animus qui se sensit armatum . The last mark of Discipline we called Example , under which word is comprehended Reward and Punishment : For Men are rewarded whensoever they receive for any excellent or singular Service , Honor or Riches : And for Evil , they have their due when they taste the Punishment thereunto belonging : Necessarium est acrius ille dimicet , quem ad opes & dignitates ordo militiae & imperatoris judicium consuevit evehere . Veget. Likewise as Gold and Glory belongeth to good and well deserving Soldiers ; so Punishment is due to those that be Vitious and Cowardly ; for nothing holdeth Soldiers in Obedience so much as the Severity of Discipline : Milites imperatorum potius quam hostem metuere debent . Veg. CHAP. XXII . Of Generals and Commanders , and their requisite Abilities in Martial Enterprises and Expeditions . OF Soldiers let this little suffice , we will now speak of what Quality Chieftains and Leaders ought to be , for upon them dependeth the Welfare of whole Armies : Militaris turba sine duce , corpus sine spiritu . Curt. A Chief or General in War , is either of his own Authority Chief , or a General that commandeth in the Name of another . Of the first sort are Emperors , Kings and Princes ; of the other , be their Deputies , Lieutenants , Colonels , and indeed all general Commanders in the War : Now whether it be more Expedient that the Prince should command in Person or by Deputy , divers wise Men have diversly thought , therefore it may be thus distinguished ; if the War do then only concern some particular Part or Province , then may the same be performed by a Lieutenant ; but if the whole Fortune of a Prince do thereupon depend , then is he to command in his own Person and not otherwise : Dubiis bellorum exemplis summae rerum & imperii seipsum reservat . Tac. It therefore importeth the Prince sometimes by his own Presence , sometimes by his Deputation to perform that Office ; but however occasion shall require , it ever behoveth that one only Commander ought to be , ( for Plurality of Chieftains doth rarely or never work any good Effect ) yet with this Caution that he be of Experience , and Wise : In bellica praefectura major aspectus habendus peritiae quam virtutis aut morum . Arist. The Qualities required in a Chiestain are these , Skill , Vertue , Providence , Authority and Fortune : By Skill we mean he should be of great Knowledge , and long Experience , or to make a sufficient Captain ; the Information of others , or his own reading is not enough : Qui norit quis ordo agminis , quae cura exploandi , quantus urgendo trahendove bello modus . Cic. Military Vertue is a certain Vigor or Force both of Body and Mind to exercise Soldiers as well in fained War as to fight with the Enemy ; and summarily a Captain ought to be Laboriosus in negotio , fortis in periculo , industrius in agendo , celeris in conficiendo . Cic. Next to Vertue we placed Providence as necessary in great Captains ; for being of such Wisdom , they will not hazard nor commit more to Fortune than necessity shall inforce ; yet true it is , Fools and vulgar Folks , that commend or discommend Actions according to Success , were wont to say , Cunctatio servilis , statim exequi , Regium est . But advised and provident Captains do think , Temeritas praeterquam quod stulta , est etiam infelix . Livi. Albeit Providence be the best mean of good Speed , yet some Captains of that Quality and in Skill excelling , have been in their Actions unlucky , when others of less Sufficiency have marvellously prevailed ; we may therefore reasonably say with Cic. Quod olim Maximo , Marcello , Scipioni , Mario & ceteris magnis Imperatoribus non solum propter virtutem , sed etiam propter fortunam soepius imperia mandata , atque exercitus esse commissos . Cic. Lastly , We wished Authority to be in Chieftains , for it greatly importeth what Opinion or Conceit the Enemy hath of such a Governor , and likewise how much his Friends and Confederates do esteem him ; but the chief and only means to maintain Authority , is Austerity and Terror : Dux Authoritatem maximam severitate sumat , omnes culpas militares legibus vindicet , nulli errantium credatur ignoscere . Veget. Also Experience hath proved , that such Chieftains as were affable and kind to their Soldiers , were much loved , yet did they incur a Contempt ; but on the other side , those that commanded severely and terribly , although they gained no good Will , yet were they ever obeyed : Dux facitis inutilis . App. CHAP. XXIII . Of Councils in War , and Directions Tactick and Stratagematick , with Advice how to make an honorable Peace . AFter Men found and framed fit for the War , to small or no purpose shall they serve , unless they be imployed by Wisdom or good Council : Mon minus est Imperatoris consilio quam vi persicere . Tac. Council in War is of two sorts , direct Council and indirect ; the first sheweth a plain and orderly course for proceeding , as to lay hold on occasion ; for as in all other Humane Actions occasion is of great Force : Occasio in bello solet amplius juvare quam virtus . Veget. As Occasions presented are means of good Success , so Fame worketh great Effects in the Wars , therefore it behoveth a Captain to be Constant , and not apt to believe the vain Rumors and Reports of Men : Male imperatur , cum regit vulgus duces suos . Sen. Confidence is also to be eschewed , for no Man is sooner surprised , than he who feareth least ; also Contempt of the Enemy hath been occasion of great Discomfitures , therefore as a Captain ought not to fear , so should he not contemn his Enemy : Nimia fiducia semper obnoxia . AEmyl . As Security , and overmuch Estimation of our own Vertue or Valor is hurtful , so doth it import every good Captain to be well informed , not only of his own Forces but also of what Strength the Enemy is ; likewise it behoveth him to know the Situation of the Country , and the Quality of the People , with every other Circumstance . Moreover , the Generals Honor and Capacity ought to be known , with the Condition and Nature of the Enemy : Impetus acres cunctatione languescunt , aut in perfidiam mutantur . Tac. Temerity in War is also dangerous , for wise Captains were wont not to Enterprise any thing without Deliberation and good Opportunity , unless they were thereunto by Necessity inforced : In rehus asperis & tenui spe , fortissima quaque consilia tutissima sunt . Livi. Some wise Men , not Superstitiously but Discreetly , do think prodigious Signs from Heaven , or on Earth , are not to be neglected , neither are Dreams in time of War to be contemned : Nam amat benignitas numinis , seu quod merentur homines , seu quod tangitur eorum affectione , his quoque rationibus prodere quae impendent . AEmi . A wise Captain will also wait Opportunities , and spy out fit times when the Enemy is wearied , or pretending fear , draw him into danger ; which Advantages , with many other , are gained chiefly by observing of time : Quia si in occasionis momento , cujus praetervolat opportunitas , cunctatus paulum fueris , nequicquam mox omissam querare . Livi. Next the Observation of Time , the Place is to be well considered , whether it be for thine Advantage or thine Enemies : Amplius prodest locus saepe quam virtus . Veget. Thirdly , It importeth much , that Men be well ordered , trained , and prepared for the Fight ; for the want of Art is cause of many Disadvantages , and many times a small Supply of choice Soldiers on Horse-back or Foot , doth seem to the Enemy very Terrible ; likewise a sudden Shout or Conceit hath amazed a whole Army : Milites vanis & inanibus , magis quam justis formidinis causis moventur . Curt. Fourthly , It were to good purpose , that in ordering of Men for Fight , Soldiers of one Country or Nations , should be ranged together , and above all , to foresee that the least loss of Blood be among the Natural Subjects , and so handle the Matter , that the chief Slaughter light upon Strangers and Mercenaries : Ingens victoriae decus , citra domesticum sanguinem bellanti . Tac. The Generals own Courage and lively Disposition to Fight , will greatly animate the Multitude of Soldiers , as a contrary Countenance or Appearance of Fear , will exceedingly Amaze and Daunt : Necesse estad fugam parati sint , qui ducem suum sentiunt desperare . Veget. It were also for thy great Advantage , that the Forces should be ordered for the Fight , before the Enemy be prepared . First , For that thou maist the better perform , what thou thinkest fit to be done . Secondly , That thereby thine own Forces will thereof receive great Courage , being readiest to assail the Enemy , and to begin the Fight : Plus animi est inferenti periculum , quam propulsanti . Livi. After Victory it is not the best Policy to execute the Enemies with extream Cruelty , but proceed Moderately , for it shall suffice the Victory is thine : Clausis ex desperatione crescit audacia , & cum spei nihil est , sumit arma fermido . Veget. Lastly , I would advise that the General should be wary in his Actions , and in every Enterprise to frustrate the Soldiers from Spoils and Pillage : Saepe obstitit vincentibus pravum inter ipsos certamen , omisso hoste spolia consectanda . Tac. Of direct Councils , let that we have said suffice . We will now speak of Councils Indirect , commonly called by the Greek Word , Stratagems or Subtile Practices : Which manner of Proceeding , hath been , in times past , of divers Grave Writers condemned : Vir nemo mentis altae clanculum velit occidere hostem . Eurip. Notwithstanding the Opinion of this , and divers other Writers worthy Credit , it seemeth reasonable , and in Piety allowable , that Stratagems and Subtilties may be used in the War , yet with such Caution , as the same may stand with Fidelity and Honor ; for Fraud being used , contrary to Contracts and Agreements made with the Enemy , is mere Treachery : As to Poyson him or her , a Murtherer to kill him , were plain Impiety : Faederatum injuste fallere , impium . Livi. Also out of the War covertly to kill a particular Enemy by secret Assault or Practice , is not warrantable , either by Faith or Honor ; yet to use all Craft , Cunning and Subtilty in open War , is both allowable and praisable ; and so is thought by Christian Writers : Cum justum bellum suscipitur , ut aperte pugnet quis aut ex insidiis , nihil ad justitiam interest . Aug. The same is also approved by divers Authors of good Credit : Confice sive dolo seu stricto cominus euse . The same is also affirmed by Xenophon , Reipsa nihil utilius in bello dolis . Thus having briefly touched what Counsels are required in War , let us consider how Victory is to be used , for the end of every good War is Peace ; to the enjoying whereof , three things are required , Wariness , Mercy and Modesty ; because over-great Confidence may happily impeach the end of good Success : Res secundae negligentiam creant . Livi. I also wish the Victory to be handled Mercifully , because all Conquests are in their own Nature cruel enough : And the Ire of Insolent Soldiers , forces the Conquered to become Desperate : Gravissime mor sus irritate necessitatis . Curt. To proceed Modestly , is also an honorable Quality in him that conquereth ; for in prosperous Fortunes , Men do hardly refrain covetous and proud Doings ; yea , some good and great Captains have in like cases forgotten what did best become them : In rebus secundis etiam egregii Duces insolescunt . Tac. After Victory followeth Peace : For if War did ever continue , no State or Government could stand : Therefore how great , or how long soever the War be , the end must be Peace ; the name whereof is not only Sweet , but also Comfortable : Pax una triumphis innumeris potior . Peace is not only good and profitable to him that is Victorious , but also to those that are victored : Pacem reduci velle victori , expedit , victo necesse est . Tac. Nevertheless until good and honorable Peace be offered , Arms may not be laid aside : Wherein I wish Tully's Advice to be followed : Bellum gerendum est ; si bellum omittemus , pace nunquam fruemur . Livi. In Treaty of Peace , two things must be considered : First , That the Conditions be Honorable . To condescend to any Base Conditions , is unto a Princely Mind not only great Indignity , but also Intolerable : Cum dignitate potius cadendum , quam cum ignominia serviendum . Plut. It also importeth , the Peace should be simple , true and unfeigned ; for all feigned and dissembling Amity is to be doubted : Pace suspect a tutius est bellum . Mithrid . The fittest Season to speak of Peace , is either when the War beginneth , or during the time that the Enemies be of equal Force ; for if the War continueth , it must behove the Weaker to yield to Necessity : Not unlike the Ship-master , who to save himself doth cast the greatest part of his Loading into the Sea : Necessitati pare , quam ne dii quidem superant . Livi. Finally , Having generously defended thy self , and performed all things required in a magnanimous Captain , and finding nevertheless thy Force insufficient , it cannot be dishonorable to accept Peace . Wherefore laying aside Hatred and Hope , which are but weak Supporters , thou maist recommend thee and thine to the approved Discretion of an honorable Enemy : Victores secundae res in miserationem ex ira vertunt . Livi. Now for as much as every Peace promiseth Rest and Quiet , as well to the Victorious as to the Victored ; we may add thereunto , that the Prince Victorious receiveth thereby Honor , Profit and Security . For although his Happiness may occasion Hope of great Success , yet in respect of Fortunes Mutability , it shall be Good and Glorious to listen to Peace : Decorum principi est cum victoriam prope in manibus habeat , pacem non abnuere , ut sciant omnes te & suscipere juste bellum , & finire . Livi. It seemeth also the more Honorable ; for who so is Victorious , doth give Peace and not take it : He also sheweth himself Discreet by using a Moderation in Victory , and no Extremity in Spoiling , which our Wise and Godly Writers have commended : Pacem contemnentes , & gloriam appetentes , pacem perdunt & gloriam . Bern. Peace is also Profitable for the Victorious , because continual War breedeth Weariness , and of violent Proceeding Desparation and Peril cometh : Maximi & mortiferi morsus esse solent morientium bestiarum . Sen. Likewise Peace is more assured than any Victory . Hope of the one is in thine own Power ; the other in the Hand of God : Add thereunto the force of Fortune , which hath great power in all Humane Actions : In rebus secundis nihil in quenquam superbe ac violenter consulere decet , nec praesenti credere Fortunae , cum quid vesper ferat , incertus sis . Sen. Also Conditions of Peace ought to be reasonably and freely bestowed : For no People can live contented under such a Law as forceth them to loath the State wherein they are . Misera pax bello bene mutatur . Sen. CHAP. XXIV . Of Civil War , with the Causes and Remedies thereof . THE greatest and most grievous Calamity that can come to any State is Civil War ; for therein Subjects take Arms against their Prince or among themselves , whereof followeth a Misery more Lamentable than can be described . Non aetas , non dignitas quenquam protegit , quo minus stuprà caedibus , & caedes stupris misceantur . Tac. The first Cause of Civil War proceedeth of Destiny , for God in his own Divine Providence foreseeth many Years before , that great and mighty Empires shall be ruined . In se magna ruunt : laetis hinc numina rebus Crescendi posuere modum — Lucan . The second Cause is , Excess , Riot , and Dissolute Life ; for nothing breedeth Civil Fury so soon as over great Happiness ; also pompous Apparel , Banquetting and prodigal Spending consumeth Riches , and Plenty is turned into Poverty ; for by these means are Men brought into Desperation . Rapacissimo cuique ac perditiffimo , non agri aut faenus sed sola instrumenta vitiorum manebunt . Tac. Now to consider how Destiny might be eschewed , were in vain : For such a Remedy no Wit or Wisdom can devise , being the Decree of God , no doubt it is inevitable . Ita fato placuit , nullius rei eodem semper loco stare fortunam . Sen. There is nothing exempt from the peril of Mutation ; the Earth , Heavens , and whole World is thereunto Subject . Certis eunt cuncta temporibus ; nasci debent , crescere , extingui . Sen. Touching the second Causes of Civil War some Remedies may be used , because it proceedeth of Faction , Sedition or Tyranny . I call Faction a certain Association of divers Persons combined to the Offence of others . It proceedeth often of private or publick Displeasure , and more often of Ambition . Nemo eorum qui in Rep. versantur , quos vincat , sed a quibus vincatur , aspicis . Sen. 1. Factions are of two sorts ; for either they consist of many or of few Persons : both be dangerous , but the former more apt to take Arms ; and that Party which proveth weakest , prayeth Arms of Foreign Forces . 2. The other Faction wherein are fewer partakers , be commonly great Personages or Men of more Importance than ordinary People ; and that proveth most Perilous and Bloody . Nobilium factiones trahunt ad se , & in partes , universum etiam populum . Arist. Albeit some wise Men have held Opinion that Factions are necessary , yet cannot that conceipt be reasonably maintained , unless it be upon Confines , and in such places where Conspiracy is feared , which Cato in his private Family used . Semper contentiunculas aliquas aut dissensum inter servos callide serebat , suspectum habens nimiam concordiam orum , metuensque . Plut. Factions against the Nobility , are sometimes suppressed by forbidding Colors , or unknown Bagdes to be worn , also to inhibit Names or Watch-words of Mutinies is necessary , which was Mecaenas Counsel to Augustus ; and Aristotle thinketh it fit that Laws should be made against the Factions of Noblemen . Nobilium contentiones & partes etiam legibus oportet prohibere conari . Arist. Another Cause of Civil War , we call Sedition , which is a sudden Commotion or Assembly of Common People against their Prince or his Magistrates : the Original of which Disorders may proceed of divers Causes , but chiefly of Oppression . Imminentium periculocum remedium , ipsa pericula arbitrari . Arist. Again , Fear may be the occasion of Sedition , as well in him that hath done Injury , as in him that looketh to be injured , and is desirous to prevent it before it cometh . It may proceed also of over great Mildness in Government . Non miseriis licentia sed licentia , tantum concitum turbarum , lascivire magis plebem quam saevire . Livi. Sedition many times ariseth of Poverty , or of the Artificers , whose Arts are grown out of Use , and Consequently no means whereof they can live . Semper in civitate , quibus opes nullae sunt , bonis invidem , vetera odere , nova expetunt , odio rerum suarum mutari omnia student . Sab. Lastly , Sedition cometh of Tyranny , Insolency , or Mutinous Disposition of certain Captains , Cavaliers , or Ring-leaders of the People ; for albeit the Multitude is apt to Innovation , yet doth it stand firm , until some first Mover taketh the matter in hand . Multitudo omnis , sicut mare , per se immobilis . Livi. Of these Movers some are Ambitious , who wanting other means to Aspire , hope by practice of Sedition , to compass their Designs ; or else they are Unthrifts , who having consumed their own , seek by Violence to possess themselves of other Mens : Or else they are vain and light Persons , that without Cause or Reason , attempt Innovation , themselves know not for what . Non tam praemiis periculorum , quam ipsis periculis loeti , pro certis & olim partis , nova , ambiguae ancipitia maelunt . Thus having told the Causes of Sedition , I wish the Remedies were prepared . Omne malum nascens facile opprimitur , inveteratum fit plerumque robustius . Cic. The first way to suppress Sedition , is Eloquence and excellent Perswasion , which oft-tentimes worketh great Effects among the Multitude ; chiefly when it proceedeth from some Reverend and grave Person , for his Wisdom and Integrity of Life honored : For the Prince himself is not to take Office in hand , unless necessity so inforce : Integra autorit as principis majoribus remediis servetur . Tac. If Perswasion cannot prevail , then Force must compel : But before such violent Proceedings , Use , Art and Cunning , either to appease the People , or at least to disunite them ; and rather if the Prince do offer fair and promise plausibly . Verba apud populum plurimum valent . Tac. It is lawful also in such Cases for Princes to use Subtilty ; and the same not prevailing , to wash away the Stain thereof with Clemency : For when Arms laid down , and every one yielded , general Punishment were needless . Omnium culpa fuit , paucorum sit poena . Tac. The last Cause of Sedition we named Tyranny , which is a certain violent Government , exceediug the Laws of God and Nature . The difference between Kings and Tyrants is this ; the one imployeth Arms in defence of Peace , the other useth them to terrifie those of whom his Cruelty hath deserved Hate . Auferre , trucidare , rapere , falsis nominibus imperium , at que ubi solitudinem fecerint , pacem appellant . Tac. The quality of Tyrants is to esteem Promoters more then good Ministers , because those Men are the Scourge of infinite others . They are also Protectors of impious . Persons , and stand in daily doubt of Noble and Virtuous Men. Nobilitas , opes , amissi gestique honores , procrimine : Et ob virtutes certissimum exitium . Tac. Tyrants do also endeavor to suppress the knowledge of Letters and Civil Life , to the end all Arts should be exiled , and Barbarism introduced . Pellunt sapientiae professores , & omnes bonas artes in exilium agant . Tac. These and such like , be the Conditions of Tyrants , who for the most part are deposed and slain ; for as Kings live long and deliver their Dominions to their Children and Posterity : So Tyrants being feared and hated of all Men , cannot continue in their Estate . Adgenerum Cereris sine ceede & vulnere pauci Descendunt reges & sicca morte Tyranni . Juvin . The Remedies of these Mischiefs which proceed from the Violence of such a Prince , are Persecution or Patience . Many generous Spirits have used the first ; perswading themselves rather to dye , than endure the sight of a Tyrant . Also the Grecians did think it a Service acceptable to Murther the Person of such an impious Prince . Graeci homines deorum honores tribuebant iis qui Tyrannos necaverunt . Cic. Nevertheless , in Christian Consideration , the other Course is to be taken : Let Patience therefore incounter this mischief ; for seeing all Kings , as well the bad as the good be sent by God , they must be indured . Res est gravis occidere regalem stirpem . Homer . Persecution is not only perilous , but for the most part infortunate : For therefore present Revenge is taken by that Prince that succeedeth . Facinoris ejus ultor est , quisquis successerit . Tac. The Murther of Tyrants is also followed with many inconveniences worse than Civil War it self . Principes boni , votis expetendi , qualescunque tolerandi . Tac. For as Fire , Floods , and other inevitable Plagues are necessarily to be suffered : So evil Princes in their Covetousness and Cruelty ought to be patiently indured , because their Office is to command , and Subjects must Obey . Indigna , digna habenda sunt , Rex quae facit . Sen. And as it is the use of vulgar People to find Faults in the long Reign of Princes ; so the Ambition of great Subjects is desirous of Novelty . Praesens imperium subditis semper grave . Thucyd. To conclude , we say that the best Remedy against Tyranny , is Patience : For so long as Men are , so long will Vices be . Regum ingenia toleranda , neque usui crebrae mutationes . Tac. CHAP. XXV . A Collection of Political Observations ( confirmed by Reason and Experience ) advertising Princes , Statesmen and private Persons how to demean themselves in all Fortunes and Events . TO the Perfections of Men , Three things are necessarily required ; Nature , Nurture and Use : The first giveth Capacity , Aptness and Understanding ; which are Graces from Above . Nurture , is Learning , Knowledge , Art , or Order . Use , is Practice , Experience , and orderly Observation ; whereof may be conceived , that Nature alone sufficeth not ; nor can Nurture work any good effect , where natural Aptness wanteth ; and they can frame no Perfection , unless Experience be also conjoined . Nemo nascitur sapiens , sed sit . Sen. Ambassadors , Negotiants , and generally all other Ministers of mean Fortune , in Conversation with Princes and Superiors , must use great respect , shewing themselves rather Ceremonious than Presumptuous , and acknowledge their Obligation great , for the Favor and Grace , they find in those which might command them . It is no wisdom ever to commend or discommend the Actions of Men by their Success ; for oft-tentimes some Enterprises attempted by good Counsel , end unfortnately ; and others unadvisedly taken in hand , have happy Success . Who so then commendeth inconsiderate Counsels for their fortunate Event , thereby encourageth Men to jar and discomfort the wiser sort to speak what they know , and by Experience have proved . In Actions publick , and every other matter of great moment , the beginning is well to be considered : For afterwards it lieth not in our power , without dishonor to abandon what was begun . The time doth not always serve , nor is apt occasion always offered to Enterprise what would ; yer who so doth expect every Opportunity , shall either attempt nothing at all , or if he do , the same for the most part turneth to his own disadvantage . When any Resolution is taken , either with over great haste , or too much Affection , seldom it receiveth good success : For he that doth the one , hath no leisure to consider ; the other transporteth the Mind so as it cannot conceive more than that which presently presseth . To these we add others , I mean some of them that have leisure , and are void of Affection , yet for want of natural Capacity , or for continual Negligence in their doings , never bring any thing well to pass . Who so desireth to be beloved in a Commonwealth , must rest content with that which Men do give , and the Laws allow him to take : So shall he neither incur Danger nor Envy : for indeed , that which is taken or extorted from others , and not that which is given , doth make Men hated . Arms , Laws and Religion , may not in any well governed State be disjoined ; every one of them in particular maintaineth them all united . In Actions of War , Courage and Conduct are of great Necessity ; yet all good Government consisteth in using the Virtues Moral ; and in handling the matter of Martial Policy , it is fit to imitate the Proceedings of ancient and approved Captains . Among Mortal Men , there is nothing more common than to believe the Estate of one Man to be better than another ; for hereof it cometh , that every one endeavoreth rather to take from others with travel , than to enjoy his own with rest . The state of Princes is good , being well used ; so is the Fortune of private Men , if therewith they be contented . The rich Man liveth happily , so long as he useth his Riches temperately ; and the poor Man that patiently endureth his Wants , is Rich enough . Whensoever a Man is so dangerously distressed , as either proceeding or standing , he liveth in like peril , then doth it behove him in any wise , to resolve upon Action . The reason is , that so long as nothing is done , the same Accidents that caused his Dangers , do still remain in their former force ; but if he endeavor to enterprise somewhat , either he may meet with means to make him secure , or at the hardest , shew himself of so great Courage and Wit , as he dare and can attempt a way to do it . It seemeth a thing of great difficulty , or rather impossible for any Prince or Magistrate to eschew the evil speech and bad report of Men ; for if they be good and virtuous , then they incur the backbiting of lewd Persons ; if evil , then will all good Men exclaim against them . All Commonwealths ought to desire Peace , yet it is necessary ever to be prepared for the War ; because Peace disarmed is weak , and without Reputation : Therefore the Poets feign , that Pallas the Goddess of Wisdom did always appear armed . Every Prince ( well advised ) ought to govern his Subjects and Servants in such sort , that by his Affability and Virtue they may be induced rather to serve voluntarily , then for Pay or hope of Preferment . For otherwise doing , whensoever the Prince shall want means to pay , the Subjects likewise will fail of good will to serve . But he that faithfully loveth , doth neither in Prosperity become Arrogant , nor in contrary Fortune retire , or complain of the small favor he findeth : For ( till death ) Love and Life remain at the Princes Commandment . Where poor Men find Justice , evil Men are punish'd , Measures and Weights be just , Youth well nurtured , and old Folk free from Avarice , there is the Commonwealth good and perfect . In War between Neighbors , Neutrality is commendable ; for by that means we eschew many Troubles and great Expences , so long as the Forces of either side be so equal in strength , as we need not to fear the Victory of any : For so long their Discord is our Security , and oft-tentimes offereth us means to increase our own State and Reputation . The chief Reasons to move War , are , the Justice of the Cause , the Facillity of Success , and the Profit of the Victory . In all Humane Actions it behoveth to accommodate the Council of Men unto present Necessity , and never to expose Security to manifest Peril , nor hope of that which without great Difficulty or Impossibility cannot be obtained . It is the Nature of Men , having escaped one Extreme , which by force they were constrained long to endure , to run Headlong into the other Extreme , forgetting that Vertue doth always consist in the mean. The Multitude is inclined to Innovation , and easily induced by false Perswasion , and consequently easily transported by Seditious Leaders . Men are naturally disposed to fear those things which threaten Danger and Terror ; yet unless these Perils , by some new Accident , be daily revived , that Fear by little and little vanisheth , and Security recovereth the place . Whoso findeth himself contemned , or not respected , becometh Discontent ; which Humor in generous Minds , breedeth oftentimes Adventerous Imaginations , whereof Audacious Attempts have followed , chiefly in Persons of Authority and Reputation ; for he that hopeth no Good , feareth no Evil : Yet true it is , that dangerous Enterprises , the more they be thought upon , the less Hope they give of good Success , for which reason Conspiracies not suddenly executed , are for the most part revealed or abandoned . All People do naturally imitate the Manners of their Prince , and observing his Proceedings , resolve to Hate or Love him : But if they happen once to Hate the Prince , then his Doings , Good or Evil , are afterwards not Good ; but if at the beginning he gained the Love of the People , then every bad Action is reputed a Vertue ; as though he could not be induced to do amiss without good Cause or Reason . Greatly are Princes deceived , if in the Election of Ministers , they more respect their own particular Affection , than the Sufficiency of the Person elected . A Prince having conquered any new Dominion , is thereby rather incumbered than strengthened , unless the same be after well governed ; and seldom is it seen , that a Principality , by ill means gotten , hath been long enjoyed . As to the Perfection of the whole Body , soundness of Head only sufficeth not , unless the other Members also do their Office ; even so it is not enough that a Prince be Faultless , but it behoveth also that the Magistrates and Ministers should perform their Duty . Great Princes rarely resist their Appetites , as for the most part private Men can ; for they being always honored and obeyed , do seldom with Patience indure the want of any thing reasonable , as being perswaded that what they desire is Just , and that their Commandment hath power to remove all Difficulties . All Men are naturally good , when no respect of Profit or Pleasure draws them to become Evil. But this Worlds Corruption , and our Frailty is such , as easily and often for our particular Interest we incline to the worst ; which was the cause that wise Law-makers found out Reward and Punishment ; the one to incite Men to Good , the other to fear them from being Evil. A Tyrant indeavoreth to maintain his Estate by three means . First , He practiseth to hold all Subjects in extreme Awe , and to be basely minded , to the end they should want Courage to take Arms against him . Secondly , He kindleth Diffidence and Discord among the Great Men ; thereby to remove occasion of Conspiracy and Combination . Lastly , He holdeth them Disarmed and Idle , so as they neither know nor can attempt any thing against him . To govern , is nothing else but to hold Subjects in Love and Obedience ; for in respect of the end , they ought not , and in regard of the other they cannot attempt any thing contrary to the Governor's Will and their Duty . The Laws and Ordinances of a Common-weale made at the beginning thereof when Men were good , do often prove unprofitable when they are become evil ; and therefore new Laws are made according to the Accidents which happen . The Discontent and Disorder of People is ever occasioned by the Inequality of their Goods , because the Poorer sort would be made equal to the Rich ; but the Offence that grows among great Men is the desire of Honor ; for they being equal , do endeavor to aspire to equal Authority . A Prince that desireth , by means of his Ambassador , to deceive any other Prince , must first abuse his own Ambassador , to the end he should do and speak with more Earnestness , being indeed perswaded that the Intent and Meaning of his Master is Simple , which happily would not , were he privy that his Prince's Meaning were to Dissemble . This course is also commonly holden by those , that by Imployment of a third Person , would perswade any thing Feigned or False . For the Performance of Conditions of Treaty of Peace , or League of Amity , the Promises , Vows and Oaths of Princes are of great Effect ; and because Fidelity in a Man is not ever certain , and time doth daily offer Occasions of Variation , there is no Assurance so Secure and Good , as to stand so prepared , as the Enemy may want able means how to offend . To resolve in Matters Doubtful , or answer Requests which we are not willing to grant , the least offensive way is not to use direct Denial , but by delays prolong the time , and so in effect , afford good Expectation . The old Proverb saith , Magistratus virum ostendit ; which is no less true than Ancient ; for Men in such Fortune , are occasioned not only to make proof of their Sufficiency , but also to discover their Affections ; and the more their Greatness is , the less respect they have to contain those Passions which are natural . Albeit great Troubles and continual Adversity seem Insupportable , yet is there nothing more Dangerous , than overmuch Prosperity ; and being pressed by new Appetites , they disturb their own Security . In speaking of Occurrents doubtful , it is always Wisdom to feign Ignorance , or at least alledge that we believe them not ; for most commonly they are utterly untrue , or far other than vulgarly is believed . The Actions of Men are commonly liked or disallowed according to the bad or good Success ; attributing that to Council which sometimes is due to Fortune . The Multitude of Men were wont to be more pleased with sudden than slow Resolutions ; and many times account those Enterprises Generous , which are rashly and inconsiderately attempted . Great Difference there is between Subjects Desperate , and others which are only Discontented ; for the one desire nothing but present Alteration , which they endeavor with all Hazard ; the other wish for Innovation , inciting any Motion or Practice , because their Intent is to attend time , and that occasion may present it self . A Benefit bestowed on him who thinketh himself greatly injured , doth not suffice to raze the same out of his Memory , chiefly if the Benefit be given at such time as no mere Motion , but Necessity may seem the occasion thereof . That Peace ought to be desired , which removed Suspition , which assureth us from Peril , which bringeth Quiet certain , and acquitteth us of Expences ; but when it worketh contrary Effects , it may be called a dangerous War , covered with the name of Deceitful Trust , not unlike a perilous Poyson ministred in lieu of a wholsome Medicine . The Effect of things , and not External show , or seeming , ought to be regarded ; yet it is credible what great Grace is gained by courteous Speech and Affability ; the reason whereof is , as I suppose , that every Man believeth he doth merit more than indeed he is worthy , and consequently holdeth himself injured , whensoever he findeth Men not to afford him like Estimation . Men ought in any wise , to refrain to do or say any thing which may offend , for which respect it were great Folly , either in presence or absence , to utter displeasing Speech , unless necessity inforceth . The Matters whereof Counsellors are chiefly to consider , are five , The Prince's Revenue , Peace and War , Defence , Traffick , and what Laws are to be made . In giving Council divers things are to be observed ; but amongst them are two of most Importance : First , It behoveth , that he who is counselled should be Wise ; for seeing Counsel is nothing else but a certain considerate Discourse of things to be done or not done , if he who is to take Counsel be not of Discretion , then will he refuse all good Advice offered , and rather incline to that which his own Fancy affecteth , because the want of Judgment draweth him to take Pleasure in vain things ; and as one incapable of what is good and true , will follow that which is Evil and False : So on the other side , if he that giveth Counsel be not Faithful , then will he a Thousand ways disguise and dissemble the Truth , and consequently miscarry the Mind of him that is Counselled ; yea in the end utterly abuse him . The Affairs and Proceedings of the World , are so variable , and accompanied with so many Chances and Changes , as impossible it seemeth to judge what is best ; theresore Experience informeth , that the Conjectures of the most Wise , prove vain and uncertain . I therefore mislike the Judgment of those Men , that will let slip Opportunity of present Good ( though it be small ) for fear of a future Evil , notwithstanding it be greater unless the Evil be very near at hand , or certain . For if that do not follow which is feared , then wilt thou repent to have omitted that which was desired . Whensoever a general Opinion is conceived , of the singular Vertue and Knowledge of any Man , although he be indeed Ignorant , and far unworthy that Account , yet it is hard to remove such a settled Conceit : The Reason is , That Men having at the first given Credit to common Report , do make thereof so deep an Impression , as afterwards , without great Difficulty , cannot be removed . The Bodies of Men , Munition and Money , may justly be called the Sinews of War , yet of them the two first are more necessary , for Men and Arms have means to find Money and Meat ; but Money and Meat cannot so easily find Soldiers and Swords . One wise General having but a Thousand Men , is more to be feared and esteemed , than twenty Commanders of equal Authority ; for they being commonly of divers Humors , or judging diversly , do never , or very rarely , what is to be done , and consequently lose much time before any Resolution can be taken . A Prince of mean Force , ought not in any wise to adventure his Estate upon one days Fight ; for if he be Victorious he gaineth nothing but Glory ; but if he lose , he is utterly ruined . The most part of Men are delighted with Histories , for the Variety of Accidents therein contained ; yet are there few that will imitate what they read , and find done by others ; being perswaded that Imitation is not only hard but impossible , as though the Heavens and Men were changed in their Motion , or Order and Power , which they anciently had . The Nature of Men is such , as will not endeavor any thing Good , unless they be forced thereunto ; for where Liberty aboundeth , there Confusion and Disorder follow . It is therefore supposed , that Hunger and Poverty make Men Industrious ; but good Laws inforce them to be Honest ; for if Men were of themselves good , then Laws were needless . There are two kinds of Adulation : The first proceedeth from a Subtle Malice : The second cometh by an ordinary use of Conversation ; the one tendeth to Profit and Deceiving ; the other hath no farther Design , than a Respect or Fear to offend ; whereunto the most Honest are in some sort bound . Whoso bindeth himself to Flattery , doth thereby bewray his Intent , either to gain , or not to lose that he hath . For the Person flattered , is always superior to him that doth Flatter , or at least one as may in some sort stand him in stead . It may therefore be inferred , that only Men of base and miserable Condition , and such as cannot help or hurt , be free from Flatterers . And contrariwise , Magnanimous and Fortunate Folk , proud Men , and such as content themselves with their present Estate , are seldom found to be Flatterers . Every wise Prince doth presuppose , that Times of Trouble may come , and that all such Occasions he shall be forced to use the Service of Men diversly qualified . His Study therefore is , in the mean time so to entertain them , as when those Storms arise , he may rest assured to command them ; for whosoever perswades himself , by present Benefits , to gain the good Will of Men , when Perils are at hand , shall be deceived . In ancient times Princes and Governors were wont , when Peace and Security were most like to continue , to find or feign Occasions to draw their Subjects to Fear , to the end that Doubt might move them to be more careful of their own well-doing ; for well they knew it a general Defect in Men , to be reachless , and never willing to use Industry ; unless by necessity they were constrained . All Histories do shew , and wise Politicians do hold it necessary , that for the well governing of every Common-weal , it behoveth to presuppose that all Men are Evil , and will declare themselves so to be , when occasion is offered ; for albeit some Inconvenience doth lye hid for a time , it proceedeth from a covert occasion , which for want of Experience , was not found , until Time the Mother of Truth discover it . Neutrality is always a thing Dangerous and Disallowable , because it offendeth all Parties : He that is Strong looketh to be assisted in his Greatness ; and he that is Weak , not being defended , holdeth himself offended ; the one is not assured from Foes , and the other holdeth no Friends . Albeit Neutrality procure present Quiet and Security , during the Troubles of others ; yet after the same falleth out a Disadvantage , because it entertaineth a certain Falseness , and so in short space will be perceived ; not unlike those Men that borrow upon Usury ; for albeit they enjoy a certain time , without Trouble or Charge , yet the same being Spent , and the day of Payment come , they then feel the great Danger which their short Pleasure hath purchased . Whoso examineth all Humane Actions shall find , that in eschewing one Inconvenience , we presently incur another . As for Example , if we endeavor to make our Dominions Mighty , it behoveth to have the same fully replenished with People , and well armed , and so being , they are not easily governed . On the other side , if our Country be not well Peopled , or Disarmed , then it is easily holden in Obedience ; yet therewith so Weak , that it can neither increase the Bounds thereof , nor defend it self . It is therefore necessary , in all our Deliberations , to consider what Inconvenience is least , and choose that as the best ; for to find all Perfect , Void and Secure of Suspect or Imperfection , is impossible . A Prince being instantly required to take part with other Princes , the one being in Arms against the other , if he deny both , incurreth Suspicion of both , and may be thought to have Secret Intelligences with one or both of them ; so as either of them shall account him an Enemy , and consequently he that proves Victorious will be revenged ; and the other holding him suspected , will not acknowledge his Friendship . It is the use of Men to presume much upon their own Merit , and seeing the Success of some others to be such , as without Cause or Desert , are aspired to Dignity thereby encouraged , they promised to themselves the like : Nevertheless being entred into the course of their Design , and finding many Crosses and Impeachments they do not a little repent their Overweening and Presumption , but also many times utterly abandon their rash and unadvised Enterprize ; neither can I think , that the Vertue or Sufficiency of any Man without the Favor of the Heavens , can advance him ; for as the Poet saith , Nec velle javat , potiusve nocet , si fata repugnant . Whoso serveth a Prince far from his Presence , shall with great Difficulty content him . For if he commit any Error , it shall be aggravated : Besides that , the Instructions sent unto him cannot be particularly conceived , because the State of wordly things doth daily alter . Also to serve aloof , is a thing full of Danger and far from Reward ; which Inconvenience may for the most part be avoided by him that attendeth near to his Prince's Person . Let no Man that cometh to serve in Court , assure himself by his Wisdom to be advanced or eschew all Encounters . Neither is he to bear himself so careless as to commit all to Fortune , but be perswaded that this worldly Life is like to a Voiage by Sea ; wherein albeit Art with the favor of the Wind may do much , yet can we not assure our selves to arrive safe in the Haven appointed ; for daily Experience doth shew , that some strange Ships in the calmest Weather , are drowned or impeached by the way , when others much weaker and disarmed pass securely . Among Men worthy of Commendations , those have merited best that first planted true Religion : next they that framed Kingdoms and Commonwealths ; the third place is due to such as have augmented or enlarged their Dominions ; lastly , Learned Men deserve Fame and Memory : and as every of these are worthy of Fame and Honor ; so ought they to be accompted Infamous that introduce Atheism , or the Subversion of Kingdoms , or are become Enemies to Learning and Virtue . Whosoever taketh in hand to govern a Multitude either by way of Liberty , or Principality , and cannot assure himself of those Persons that are Enimies to that Enterprise , doth frame a State of short Perseverance : yet true it is that such Princes be infortunate , as for their own security are inforced to hold a course extraordinary , and have the Multitude their Enemy ; for he that hath few Foes may with small dishonor be assured ; but he that is generally hated can by no means live assured ; and the more Cruelty he useth , the weaker his Principality proveth . In commending another Man , great Moderation is to be used ; for as contumely offendeth him against whom it is used ; so great praise , besides that it is uttered with danger to his Judgment that speaketh it , the same doth oft-ten-times offend him that heareth it . For Self-love which commonly possesseth Men , causes the Good or Evil we hear , to be measured with our own . And consequently every Man that is touched with like deserts and defects , doth grow offended that his Commendation is not set forth , and feareth lest his Imperfection should be discovered . It is often , or rather ever seen , that the force of Leagues not used in their first heat , becomes cold ; because Suspition soon entereth , which in short space will destroy whatsoever was concluded , and may not without long time be rejoined . The power of Ambition which possesseth the Minds of Men , is such , as rarely or never suffereth them to rest : The reason thereof is , That Nature hath framed in them a certain Disposition to desire all things , but not to obtain them ; so as our Desires being greater than our Power , therefore following Discontent and evil Satisfaction . Hereof also proceedeth the Variation of Fortune ; for some Men desiring to get , and others fearing to lose that they had gotten , do occasion one Man to injure another , and consequently Publick Wars do follow ; by means whereof , one Country is ruined , and another inlarged . Princes of great Power , and chiefly those that are Inhabitants of the North , having many Children , were wont to be much inclined to the Wars , as well to win unto themselves Honor , as also to get Possessions for their Sons ; which manner of Proceedings did oft-tentimes remove such Disturbance as the Plurality of Brethren bringeth . These and other reasons induced Princes to attempt War against those Kingdoms , which in cheir opinion seemed easily conquered , or whereunto they can pretend little ; for by colour thereof they may the rather justifie their Proceedings . When a Prince deferreth to answer an Ambassador , it proceedeth from some of these Respects ; either because he will take time to resolve himself of somewhat whereof he doubteth , or that he intendeth covertly to deny that which is demanded , or that he esteemeth not the Prince that doth demand , or that he disdaineth the Person by whom the demand is made , or else that he intendeth to hear from his own Ministers to be better resolved : Wherefore a discreet Negotiator ought in such cases to consider which of these Reasons move the Prince where he is employed , to entertain him with delays , and make his dispatch accordingly . The sufficiency of good Counsellors consistetd in fonr things . First , They ought to be wise and skilful how to handle their Affairs , directing all doings to publick Commodity . Secondly , To be just in their Proceedings , giving to every one that which to him appertaineth . Thirdly , To be stout , and void both of partial respects and fear . And lastly , To be temperate and moderate in their Desires . Whoso desireth to govern well and securely , it behoveth him to have a vigilant Eye to the Proceedings of great Princes , and to consider seriously of their Designs : For it is matter of small difficulty to live in Peace with him who desireth our Amity , and provideth for others that endeavor to offend us . The Intelligences that Princes study to attain , are procured by divers means : Some are brought by report , some vented by Conversation and Sounding , some by means of Espials ; but the most sure and credibe Occurrents , are those which come from Ambassadors , chiefly those that either for the Greatness of their Prince , or their own Virtue , be of most Reputation . For those Men conversing daily with great Personages , and pondering diligently their Manners , Words , Wisdom , and the order of each Man's Proceedings , yea , of the Prince himself , may with Commodity attain unto matters of great Importance sooner than they that are Writers of Rumors , or that take upon them to Conjecture of things to come . Whensoever a People is induced to commit so great an Error , as to give Reputation to one only Man , to the end he should oppress all those great Men whom they hate , they thereby give him opportunity to become their Prince ; and so being assisted with their Favor and Aid , he may likewise extinguish all the rest of the Nobility ; and they being extirpated , he will also endeavor to tyrannize over the People , by whose help he aspired . So many as are not consenting to the Tyranny , rest Enemies to the Person of the Tyrant , who can by no means gain the Love of all . For impossible it is , that the Riches of any Tyrant should be so great , and the Honors he can give so many as may satisfie all . Hereof it cometh , that those Tyrants that are favored of the People , and disfavored of the Nobles , are most secure ; because their Tyranny is supported with a greater Strength ( having the Multitude their Friends ) then is the Tyrant whom the Humor of the Nobles only hath advanced . A dangerous thing it is in all Commonwealths by continual punishing , to hold the Minds of Subjects in Suspition ; for Men ever fearing their Ruine , will ( without respect ) determine to save themselves , and as Men desperate , attempt Innovation . All Capital Executions ought therefore to be executed suddenly , and as it were at one Instant , so to assure the Minds of Men from further Molestations . The Intent of every Wise Prince that maketh War , either by Election or Ambition , is to gain and hold what is gotten : Also to use the matter so as thereby he may inrich himself , and not impoverish his own People or Country . He that inlargeth his Dominions , doth not always increase his Power ; but he that increaseth in force as well as in Dominion , shall thereby grow great ; otherwise he gained no more than is shortly to be lost , and consequently he ruineth himself : For who spends more in the War , than he gains by Victory , loseth both Labor and Cost . Every Prince and Commonwealth must above all things take heed , that no Necessity how great soever , do perswade him to bring into his Dominion any Auxiliary Soldiers ; because the hardest Conditions the Enemy can offer , are more easie than is such a Resolution . A Prince sheweth his Ruine at hand , whensoever he beginneth to break the Laws and Customs , which are ancient and have been long time obeyed by the People of his Dominion . That Prince which careth to keep himself secure from Conspiracy , ought rather to fear those to whom he hath done over-great Favors , than them whom he hath much injured : For these want Opportunities , the other do not ; and both their Desires are as one ; because the Appetite of Commanding , is always as much or more than the desire of Revenge . Whensoever a Prince discovers a Conspiracy , he must well consider the quality thereof , measuring the Force of the Conspirators with his own ; and finding them many and mighty , the knowledge thereof is to be dissembled , until the Princes Power be prepared to oppose them ; otherwise he hazardeth his own security . It hath been by long Experience found better to send one General to an Army , though he be of mean Sufficiency , than to give the same Authority to two or more Excellent Personages with equal Commission . He that coveteth to be over-much loved , oft-tentimes becomes contemptible ; and he that endeavoreth to be over-much feared , is ever hated : And to hold the mean between them , cannot be exactly done , because Nature will not so permit . Whoso aspireth to any Dignity , must resolve himself to endure the Envy of Men , and never to be moved for any Offence conceived against him , though they that be offended , be his dear Friends : Neither shall he for the first affront or encounter , relinquish his hope ; for he that constantly maketh head against the assault of Fortune , shall after with Facility arrive where he designed . In giving Council to a Prince or Commonwealth , and therefore desiring to eschew Danger and Offence , no other mean is to be taken than that the Counsellor shall without Passion or Perswasion pronounce his Opinion , and never to affirm any thing as a Resolution , but with modesty to defend that he speaketh ; so as the Prince which follows his Advice , may seem to do it voluntarily , and not forced by the importunity of him that gave the Counsel . A discreet Captain being in the Field against the Enemy , of whose Virtue he hath had no Proof , ought first by light Skirmishes to feel of what Virtue he is ; and not to Enterprise any general Adventure , to the end that Terror or Fame should not daunt nor discourage his own Soldiers . Albeit Fraud be in all Actions detested , yet is the same in Martial Enterprises commendible and glorious : For that Captain who compasseth his Designs by Wit or Stratagem , is no less commended than he that Vanquisheth the Enemy by Violence and Force . In times of Extremity , when Resolution must be taken for the having or utter Loss of the State , then no regard is to be had of Justice or Injustice , Mercy or Cruelty , Honor or Ignominy , but rather setting aside all Respects , that course is to be followed which defended the Lives and Liberties of Men. Whoso desireth to know what will be hereafter , let him think of that is past ; for the World hath ever been in a circular Revolution : Whatsoever is now , was heretofore , and things past or present are no other than such as shall be again : Redit orbis in orbem . A Prince that desireth to obtain any thing at the hand of another , must if it be possible urge a sudden Answer , and lay before him that is moved , a Necessity to resolve presently , giving him to understand that denial or delays may breed a perilous and sudden Indignation . There is nothing more difficult , doubtful and dangerous than to attempt Innovation : For he that taketh in hand an Enterprize of such quality , maketh all those his Enemies which lived well under the old Order , and findeth them cold Defenders that affect his Novelties , which coldness proceedeth chiefly of Incredulity ; for Men are not easily induced to believe a new thing till Experience hath proved it to be good . There is no Art nor Knowledge so seemly and necessary for a Prince as the Art Military with the Ordinances and Discipline thereof : For that is the only Skill required in him that commandeth , and such a Virtue as doth not only maintain them that are born Princes , but often advanceth private Men to that Dignity . The deep Impressions which old Injuries make in the Minds of great Men cannot with new Benefits be razed out ; it is also to be remembred that Injuries be done all together : For they offend the less , and will be forgotten the sooner ; but Benefits should by little and little be bestowed , so shall the Memory of them long continue . A small pleasure or displeasure presently done , doth move more than a great good turn bestowed in times past ; for the taste of things present doth make a deeper impression in the Minds of Men , than doth the Memory of things past , or expectation of things to come . It is a matter of small difficulty to sound the discontentment of other Men. For every one doth willingly tell the well and ill deserving of Friends , and likewise how much or how little Foes can do , if we have Patience to hear , which Patience is the beginning of all good Speed ; but he that delighteth to speak much , and hear little , shall ever inform others more than himself can learn. Among other dangers which a Prince incurreth by being disarmed , the greatest is , that thereby he becometh contemptible ; for no comparison there is between Men armed and them that are disarmed : and no reason there is that he that is armed should yield Obedience to him that is disarmed , neither is it like that a Prince disarmed can be secure from his own Subjects armed . A Prince Ignorant of Martial knowledge , among other Misfortunes cannot be esteemed or trusted of his own Soldiers ; it behoveth him therefore as well in time of Peace as War to exercise Arms , which may be done by two means ; the one by Action of Body , the other by Contemplation of Mind . The Body may be exercised in Hunting , Hawking , and such like Pastimes ; thereby to be made apt to endure Travel : his Mind likewise may be informed by Reading of Histories , and the Consideration of Actions performed by excellent Captains , observing the occasion of their Victories or Losses , to the end he may imitate the one , and eschew the other . He that doth not as other Men do , but endeavoureth that which ought to be done , shall thereby rather incur Peril than Preservation ; for whoso laboureth to be sincerely Perfect and Good , shall necessarily Perish , living among Men that are generally Evil. A Prince that useth Liberality to his prejudice , ought not to regard the Infamy of Miserable , because his Parsimony will in time enable him to be Liberal , and so may declare himself to be , having by Parsimony increased his Power , and therefore without imposing upon the People , may defend himself from all such as will make War ; so shall he use Liberality to all them from whom he taketh nothing , who are infinite ; and use Miserliness to those only to whom he giveth , who are but few . There is nothing that consumeth it self like to Librality ; for if it be long used , it taketh away the means to continue it , and consequently doth make Men poor and basely minded : Or else to eschew Poverty , they shall be forced to Extortion and become Odious . It is better to incur the name of Covetous ( which is a Scandal without hate ) then with desire to be accounted Liberal , deserve the Infamy of Oppression ( an Ignominy accompanied with hatred . ) A Prince ought to be slow in believing , and advised in proceeding ; he should also beware not to make himself over much feared , but in all his Actions shew great Wisdom tempered with Curtesie ; so shall not over much Confidence induce him to be careless , nor over much diffidence render him intolerable . Whoso observeth , shall see that Man offended , less respect him whom they Love , than him whom they fear . For Love is maintained by a certain reciproque Obligation , which because Men are Evil , useth to be by every occasion of Profit broken . But Fear is continued by a certain dread of Punishment which never faileth . A Prince that holdeth in the Field an Army wherein are great numbers of Soldiers , ought not to care though he be accompted Cruel : For without such an Opinion conceived , he cannot keep his Forces united , nor apt to attempt any Enterprize . Men for the most , do use rather to judge by their Eyes , than by their Hands , for every one may see , but few can certainly know . Every one seeth what thou seemest to be , but few can understand what thou art indeed ; and these few dare not oppose themselves to the Opinion of many which have the Majesty of Estate to defend them . Also in the Actions of all Men , and chiefly Princes , from whom is no Appellation , the End is ever observed . Machiavel . A Prince being forced to use the Condition of Beasts , must among them make Choice of the Fox and the Lyon ; for the Lyon cannot take heed of Snares , and the Fox is easily overcome by the Wolves : It behoveth him therefore to be a Fox to discover the Snares , and a Lyon to terrifie the Wolves . A Prince newly advanced cannot observe those Rules , which are the Cause that Men be accounted Good ; he being many Times constrained for defence of his State to proceed contrary to Promise , contrary to Charity , and all Vertue ; and consequently it behoveth him to have a Mind apt to Alteration , as the Wind and Variation of Fortune shall direct ; yet ought he not to abandon the Good , if so he can , but be ready to use what is Evil , if so he shall be inforced . Every Prince ought to have two Ears , the one Intrinsick , in respect of Subjects ; the other Extrinsick , in respect of Forreign Potentates , from whom he may be defended with Good Arms , and Good Friends : Also Matters Intrinsick will ever stand well , so long as all things abroad rest firm . A Prince that is favoured of the Multitude , need not to doubt Conspiracy ; but contrary wise , where the People is generally Discontented and Hateth the Prince , then may he reasonably doubt every Thing , and every Person ; for no Man is so Poor , that wanteth a Weapon wherewith to offend . When any Occasion is presented to have that thou desirest , fail not to lay hold thereof ; for these Worldly Things do vary , and that so suddenly , as hard it is to assure our selves of any thing , unless the same be already in Hand : On the other Side , if any Trouble threaten thee , defer it so long as thou mayest ; for Time may occasion some Accident to remove all Dangers . The Prince that doubteth the Fidelity of his Subjects , must of Force build Fortresses ; but he that feareth Foreign Force more than his own People , were better to leave them unbuilt . Howsoever it be , that Prince that desireth generally to be Respected and Esteemed , must perform some notable Enterprise , and give Testimony of great Vertue and Valour . A Prince shall do well at all Times to be counselled so as no Man do presume to give Counsel but when the Prince doth ask it . It is also to be noted , That he who is not of himself Wise , cannot be well counselled of others , unless happily he yield to some Wise Men the Government of his whole Affairs . For Good Counsels from whomsoever they proceed , shall be thought to come from the Prince , and not the Wisdom of the Prince to proceed from the Counsel of others . He that taketh Delight to be Employed in Publick Affairs , must by all Means endeavour to continue in such Services : For oft one Business dependeth on another , whereunto the Florentine Proverb may be applied , Di cosa , nasae cosa , & il tempole governa . Some Men have not only desired , but also compassed Honour and Profit ; yet being in Possession of both , were not therewith so satisfied , as they hoped to be ; which being believed , would happily extinguish the immeasurable Ambition wherewith many Men are possessed . By Experience I have learned , That great Folly it is to account That Ours which we have not , or spend presently in Hope of future Gain . Therefore Merchants , during the Adventure of their Goods , do not increase Domestical Expences , but Fearing the Worst Assure what is in Hand . For such Men as have gained unto themselves Reputation and are accounted vertuous , to maintain that Conceit , and eschew Envy , there is nothing better than a Life retired from daily Conversation , and chiefly of the Multitude . Fugiat sapiens commercia vulgi . The End that moveth a Prince to make War , is to Enrich Himself , and Impoverish the Enemy : Neither is Victory desired for other Purpose than thereby to become the more Mighty , and make the Enemy Weak : Consequently wheresoever thy Victory doth Impoverish thee , or thy Gain therein doth Weaken thee , it followeth that either thou pass or undergo that Mark whereunto the Intention of War was directed . And that Prince is by Victory Enriched , that can Oppress the Enemies Power , and become Master of his Goods and Possessions . And that Prince is by Victory Impoverished when the Enemy , notwithstanding he be Victored , can still Maintain himself , and the Spoils and Possessions are not taken to the Use of the Prince Victorious , but imparted unto his Soldiers . For then may he be thought in his own Losing Infortunate , and in Victory Unhappy ; for if he be Vanquished , then must he endure the Offence by Foes : And being Victorious shall be forced to abide the Wrong offered by Friends ; which as they be less Reasonable , so are they also less supportable , because he is still by Impositions forced to burthen the Subjects , whereof may be inferred , That the Prince , having in him any Generosity , cannot justly rejoyce at that Victory which causeth the Subject to lament . Who so desireth to obtain any thing , hopeth to compass his Desire , either by Intreaty , Presents , or Threatning ; for so shall he , to whom the Request is made , be moved either with Compassion , Profit , or Fear : Nevertheless , with Covetous and Cruel Men , and such as are in their Opinion Mighty , none of these can prevail . And consequently in vain do they labour , that go about by Suit to stir them to Pity , by Gifts to gain them , or by Threats to fear them . Who so is persuaded that any Common weal can continue disunited , doth greatly deceive himself : True it is , That some Divisions do maintain the Estate , but other do indamage the same . They which do Harm , are such as with Sects and Partakings be accompanied ; they which help without Sects and Partakings , be maintained . A wise Governour therefore , albeit he cannot so exactly foresee but some Enemies will arise in the State , yet may he take Order that no Factions may thereby grow . It is therefore to be noted , that the Citizens of every Estate , may aspire to Reputation , either by Private or Publick Means . Reputation by Publick Means , is gained chiefly in the War , either by obtaining Victory in some Battle , or surprising of some City ; or else by performing some Ambassage diligently , prosperously : But Private Reputation is gotten by doing Favour to this or that Man , and protecting them from Magistrates , giving them Mony , advancing them unworthily to Honour and Office ; and by great Feasts , entertaining the Multitude ; of which manner of Proceeding , Sects , Factions and Partakings do grow : And as Reputation thus gained is dangerous , so the other without Faction is profitable ; because the same is founded on Common Welfare , and no private Profit : And albeit among Citizens of this sort , will oft arise great Hate , yet wanting Followers for their particular Profit , the State shall not be indangered , but rather strengthned ; for every Man endeavouring to deserve well , will hold himself within the Bounds of Civil Life , and by Vertuous Merits labour to be advanced . To persuade or dissuade particular Persons , is a Matter of no Difficulty : For if Words suffice not , yet Authority will prevail : But hard and perilous it is to remove a False Opinion conceived by a whole Multitude , for therein fair Speech and no Compulsion must be used . The best means which wise Captains can use to make their Soldiers resolute , is to take from them all Hope ; which Resolution may also be increased with the Love of our Country and Confidence in the Captain : For Confidence groweth by the Valour of Men , and Discipline in former Victories , and Trust reposed in the Leader . The Love of our Country is Natural , but the Affection we bear to the Captain , proceedeth rather from his Vertue , than the Benefits he hath bestowed . Necessity also may do much , and chiefly that where no Choice is left , but either overcome by Arms or dye in Desperation . There is nothing of so great Force to hold an Army united , as the Reputation of the Captain , which proceedeth only from his Vertue ; for neither Dignity nor Authority without Valour can work that Effect . The first Care that a Captain must have , is to hold his Soldiers well punished and paid ; for where Payment faileth , Punishment ought not to be inflicted : And consequently no Reason it is to punish him for Robbery , whom want of Pay enforceth to shift ; but where the Soldier is paid , and not punished ( offending ) then will he , without Respect , become Insolent towards his Captain ; whereof ensue Mutinies , Discord , and utter Ruin. It is a Custom , very honourable , not to promise more than thou wilt assuredly perform : Yet true it is , that whosoever is denied ( though justly ) doth rest ill-contented ; for Men indeed are not governed by Reason : Otherwise it is for him that promiseth ; and so good Promises shall stand in stead of Performance : Besides that , he may find Excuse enough , because the most part of Men are so simple , that fair Words alone have Power to abuse them , chiefly when they proceed from a Person of Reputation and Authority . The best way , therefore , is not to promise precisely , but entertain the Suitors with Answers general , and full of good Hope : Yet not such as shall directly and absolutely bind . The greatest and most material Displeasures that use to arise between the Nobility and People , are caused by the diversity of Humours , the one labouring to command , the other endeavouring not to obey ; so as all Troubles and Disorders in every Common-weal , do thereof receive Nutriment . The City which is maintained rather by Factions than Laws , so soon as one Faction is become strong , and without Opposition , the same of necessity must be divided in it self : for those particular Causes which were at the first taken , are not of Force enough to maintain it . It is the nature of Men not to endure any Discommodity , unless Necessity do thereunto enforce them : Which may apparently be perceived by their Habitations ; for as the Fear of War draweth them to Places of Strength ( for their Defence ) so that Peril being past , they do for the most part remove themselves to inhabit Countries of more Commodity and Profit . It may seem strange , and no even Measure ( yet approved by Experience ) that where many offend , few are punished . Also petty Errors are severely corrected , but great and grievous Crimes be rewarded . In like manner , where many receive Wrong , few seek Revenge . For Injuries universal , are with more Patience than particular Offences endured . All , or the greatest part of Men that have aspired to Riches or Power , have attained thereunto either by Force or Fraud : And without they have by Craft or Cruelty gained , to cover the foulness of their Fact , they call Purchase as a Name more honest . Howsoever he , that for want of Will or Wit useth not those Means , must rest in Servitude and Poverty . The Reason thereof is , That as Nature hath laid before Men the chief of all Fortunes , so she disposes them rather to Rapine than honest Industry , and more subject to bad than good Endeavours : Hereof it cometh , that one Man eateth another , and he that is weakest must always go to the worst . Where Necessity forceth , Boldness is reputed Wisdom , and in great Enterprises Peril is not to be made accompt of . For those Attempts that begin with Danger , always end with Honour , or Reward ; also from one Peril there is no way to escape , but by entring into another . A wise Man ought not to desire to inhabit that Country where Men have more Authority than Laws : For indeed that Country deserves to be desired where every one may securely enjoy his own ; not that , where with facility it may be taken away ; and that Friends for fear to lose their own , are inforced to forsake them . Some Magistrates either by over great Zeal or Ignorance take a Course of Rigour , which being for the present favoured , they are ever the more imployed , as Men meet to extirpate Inconveniences . But thereby the Subjects are often drawn into Desperation , and consequently have recourse unto Arms , as their uttermost Resuge . In this case a Wise Prince for appeasing the People is forc'd to disallow his Ministers , and sometimes also to inflict publick Punishment . A Prince naturally suspicious , and having about him Persons inclined to Envy , is easily induced to mistrust those Men that have served him with most sufficiency : Which Danger they cannot eschew , because they who are worthiest Commendation are oftentimes envied by such Persons as have access unto the Prince . Who so cannot endure both Envy and Hate , must refrain to enterprise great Matters : For great Honours being desired of many , it behoveth him that aspireth unto them , to be for his Dignity envied , and for his Authority hated ; which Authority , albeit the same be well used , yet they who hate or envy ( persuading themselves it might be better handled ) endeavour to oppress that Power , as fearing it will be worse . Among other things which worketh the Inconveniences of Common weals , Ambition and Desperation are chief ; of both , Desperation is worst : For Ambition may attend Occasion , Desperation will not , as that cannot endure Delays . Historians desiring to write the Actions of Men , onght to set down the simple Truth , and not say any thing for Love or Hatred : Also to chuse such an Opportunity for writing as it may be lawful to think what they will , and write what they think , which is a rare Happiness of the Time. In commending or disallowing the Actions of Men , it is a course very requisite to consider the Beginning , the Proceeding , and End : So shall we see the Reasons and Causes of things , and not their bare Events only ; which for the most part are governed by Fortune . It is a matter of much Necessity , that every Man , and chiefly a Prince should in his first Actions , give some Testimony of Vertue ; for falling at first into obloquie , do he well or ill , all isill-taken . The Custom of the Common People is to judge rather by their Eyes than by their Ears : Which is the cause they allow more of external Shew than inward Vertue : And true it is , where excellency of Mind , and Beauty of Body concur , the Commendation due to such a Person is far the greater . Gratior est pulchro veniens e corpore virtus . A Prince or great Personage that constantly endureth Adversity , deserveth great Praise : Yet greater Commendation is due to him that beareth himself modestly in his Happiness . For Miseries are oft born with Patience , but Felicity corrupteth . To be descended of Princes , or great Personages , is a matter of meer Fortune , and so to be esteemed : But Adoption proceedeth from the Judgment of Men , therefore seemeth incorrupt , and seldom abused . It hath been long observed , and is a Rule which rarely faileth , that he shall be ever suspected of the Prince in possession , whom Men account worthy to be a Prince in Reversion . It hath been a Use very ancient to give Credit to Astrologers , and other such Persons , who by their Star-Learning or Blind Divination , take upon them to tell of things to come . The Reason thereof is , That the most part of Men believe that soonest which they least understand ; and if they see the Event of a Prediction , though it happeneth by meer Chance to fall out according to that was premised , thereupon they settle so firm an Impression , as albeit many other fail , yet the good Conceipt of their Cunning cannot be removed . Liberality is a Vertue which gaineth Love , but much are they deceived whom Riot in lieu thereof abuseth . To cast away and consume is soon learned , but to give in good Order few have the Skill . In Time of sudden Mutiny , Conspiracy , and Offence of People , the wisest Resolution is not to oppose Force to prevent Fury , but rather give Space for the Bad to amend , and the Good to consent : For Treasons prevail on the sudden , but good Council gathers Forces by Leisure . Mature Deliberation ought ever to be used ; but when Arms are to determine , speedy Execution is the best : Because no Delay in that Enterprise is fit which cannot be commended before it be ended . Who so is pleased to observe the proceedings of Men in Authority , shall observe that some of them hold a plain course without respect ; others projecting for time to come , do forecast how to hold their present good fortune or at least to escape danger : For they mistrusting present Prosperity and fearing a change , prepare beforehand some private Friends to oppose against publick hatred : Whereof may be inferred , that no care is taken of Innocency , but every one studieth how to pass without punishment . In Captains and all Military Commanders , three things are required , Vertue , Discipline , and Authority ; but in private Soldiers Obedience and Courage only sufficeth ; for by due obeying , and no curious scanning the Leaders directions are maintained ; and the Army in danger is alwaies most valiant , which before the danger is most quiet . Let the Soldier therefore be well armed and valiantly minded . To advise and direct must be the Captains care . It is a matter of no great moment , yet always worthy the noting , that any exterior Behaviour , or Garment presenting Pride or Greatness , chiefly in Persons lately advanced , though no Man be thereby interessed or injured , doth move in others a certain offence : For the nature of Man is such , as beholdeth the new prosperity of others with an envious Eye , and wisheth a moderation of Fortune no where so much as in those we have known in equal degree with our selves . In all Enterprises of War ( if present necessity doth not otherwise require ) Leisure and Deliberation ought to be used ; for often it sufficeth in lieu of Wisdom , to take the advantage of other Mens folly . All Men that are to consider of great Actions , ought to be informed whether that which is undertaken be profitable for the Commonweal , honourable to themselves , and easie to be effected ; or at least not greatly difficult . Also he that persuadeth , is to be examined whether besides bare Words and Counsel , he will joyn his own Peril ; and if Fortune favour the attempt , to whom the principal Glory shall redound . The Perils which accompany private Enterprises , are far unlike to those which he doth enter that aspireth to Principality . For in private attempts a Man may pause or proceed as he will : But to him that aspires to Empire there remains no middle course , but either by Victory to triumph as a Prince ; or being vanquished to endure death as a Traytor . Let no Man in his Prosperity , give much credit to common Applause or Service , assured by any of whom in meaner Fortune he hath had no experience ; for the base People are learned in no Lesson , only without difference of Truth or Falshood to flatter Men in Authority , and with Shouts and Words of great rejoycing make shew of great Affection . As overmuch haste is dangerous , so too great delay oftentimes proveth disadvantagious ; for albeit consultation ought to forego action , yet to Dispute long and in the end reject the advice of either side , or take a middle course ( which in cases of doubt and danger is worst ) was ever accompted great discretion . There is no course more comely , nor any resolution so well beseeming a wise Man , having made proof of his own Vertue ( and finding in Age no Fortune due to such effect ) as to retire himself from the Court and Company ; for so shall he shun the Inconveniences of Contempt and the Discommodity of Travel ( Jucunda senectuti otia ) yet true it is , that whoso hath lived a Prince or governed as a publick Person , cannot expect security in a private Estate . Whensoever danger draweth near , and terror is at hand , all Men look about , but none willingly adventure . For in such Cases every Man will give Council , but few will take part of the peril . In Common-wealths where Sects or Partialities be , the Leader of any side is able to kindle Civil War ; yet is he unable to moderate the Victory : For to stir up dissentions and troubles , the worst Man most commonly bears the stroke ; but peace and quietness are not established but by Men of rare Gifts and excellent Vertue . It may seem strange and contrary both to courtesie and Christian profession , that Men are far more mindful of Injuries done unto them , than of benefits received by them . The reason thereof is , that Thankfulness is accompted a burden , but Revenge is sweet , and reckoned a great gain . Of reconciled Foes , and such as know that our harms were caused by their means , we oft-times expect favour , as persuaded that new Friendship will repair the loss of old displeasure : But the matter doth seldom so fall out ; for the quality of Man's nature is ever to hate those whom he hath hurt , and love them whom he hath made beholding . Quos laeserunt oderunt . Tac. To common Persons and such as are ignorant in Matters of State , every Taxation and Imposition seemeth heavy or superfluous ; yet the wiser sort know , that the end of all publick endeavour is to confirm People in Peace , and Peace cannot be maintained without Arms , nor Arms without Pay , nor Pay without Impositions . As fortunate Folk are envied , so are the poor contemned ; which Rule reacheth also to Princes : The one lives in Plenty with War , the other in Poverty with Peace . For seldom is it seen , that those People are assaulted where nothing is to be gained , and whose base Beings afford no other spoils than Blood and Beggery . Wisemen have observed that in matter of State , and the managing thereof , three Things are especially to be looked unto : The first is , Occasion ; the second , the Intentions of other Men ; the third , our own Affection . For there is nothing that slippeth away so soon as Occasion , nothing so difficult as to judge what an other Man intendeth ; nor any thing more nocent than our own immoderate desires . It hath been ever a course observed by wise Princes , but much more by Aristocracies and Popular States , against Force and Fury of the Multitude , to defend themselves with Silver and Gold. How much more it importeth all Princes to lead a vertuous Life , and give daily example of Piety and Justice , appears apparently in the Proceedings of the Roman Bishops ; who by the well-doing of some few of them at the first , became greatly honoured ; but afterwards they became contemptible : For the Reverence which Men did bear to the sanctity of their Lives failing , it was impossible of so contrary Manners and Examples to look for like effects . The success of the War chiefly dependeth on the Reputation of the Prince , which declining , the vertue also of the Soldiers faileth : Likewise the fidelity of the People decayeth , and their Mony to maintain the War , ceaseth ; contrarywise , the Courage of the Enemy is increased , they that stood doubtful become resolved , and every difficulty augmenteth . The Authority which Princes give , is chiefly in respect of Wisdom and Valour : Yet true it is , that for the most part they account them the wisest Men that can best accommodate themselves to their Humour . The greatest Distress and Difficulty which can come to any Army , doth proceed of these Causes : Want of Mony , scarcity of Victuals , hatred of People , discord of Captains , disobedience of Soldiers , and their flying to the Enemy , either of necessity or free-will . A Prince or great Magistrate having long maintained the reputation of Wisdom and Vertue , must take heed that no rash or dangerous Resolution do taint the Honourable Fame of his former Life : For to be transported with Anger against his own Profit , is lightness ; and to esteem small dangers more than great , is want of Judgment . A Prince or Person of great Estate , must be wary not to inure the conceit of double dealing : For little Sincerity and Trust is looked in his Actions , of whom there is an opinion of Craft and Falshood conceived . Experience hath always proved , that whatsoever the most part of men desire , rarely cometh to pass : The reason hereof is , that the effects of Human Actions commonly depend on the will of a few ; and their Intentions ever differing from the greater number , the end and success cannot be other than as pleaseth the few that are to direct them . There is nothing more dangerous than to enterprise a War , or other Actions of Importance upon popular persuasion ; for such expectations are vain , and such designs fallible : Also the Fury of the Multitude is great , when danger is little or far off ; but Perils growing great and near , their Courage quaileth , as they whose Passions have no Rule or Measure . It is strange to see how apt Men are to doubt displeasure threatned by Enemies , chiefly when they draw near ; for the People do naturally over-much fear Dangers at hand , and esteem less than is fit of things present : Also to make small account of those that are far from them , because divers Remedies may be hoped as well by time , as other accidents . The offensive Words or Answers of Indignation , proceeding from great Princes , ought never to admit displeasure into the Minds of them against whom they are spoken : For having by Speech uttered a great part of Choler , the edge of their Deeds becomes the calmer , and more easily appeased : Such is the condition of noble and generous Spirits . To judge right of other Mens merit , seems of great difficulty ; for time and tryal is thereto required : Also it is not easie to answer the expectation of Men , but oft-times inconsiderate , and not measured in due proportion . It is a part of great discretion to divide the seasons of Affairs and Vacations : For as it fitteth well a Prince or Person of Dignity in times of Audience and Judgment , to be grave , heedful , and austere : So those Offices performed , all shew of Authority and sad looks ought to be set apart ; for by that means , neither courteous Behaviour shall detract from the Reverence due to his place , nor severity diminish the Love which to his Behaviour appertaineth . Magistrates must look into all things , but not exact all things to rigor . Light Faults may be pardoned , but great Offences severely corrected ; yet not always proceeding to punishing , but oft contented with Repentance . To be bitter in rebuking is also fit for a Magistrate , shewing himself sowre to the bad , and sweet to the good ; framing both Countenance and Condition according to the Merit of Men , and be persuaded that it is more honest to offend , than to hate . Soldiers must be encouraged in all Fortunes to stand resolved , and not to be daunted with any passed misadvantage ; ever attending a Time and Opportunity of Revenge ; which commonly cometh to pass where Mens Minds are united : For common Danger must be repelled with Union and Concord . Among other Reasons wherewith Soldiers are encouraged , Necessity and Distress doth oft inforce them : For as Men of Vertue perform the Actions of Arms for Honour , so the Coward must do them for his Security . All Enterprises attempted by Arms , are Honourable ; but those that are done in Countries remote , are more praiseable : For the less they be in Knowledge , the greater is the Glory to Archieve them . To be truly and faithfully loved , is a thing greatly to be desired ; for Terror and Fear are weak Works of Affection : For they being taken away , he that ceaseth to fear , will soon begin to hate ; and as they that by Force are kept under , obey with ill Will ; so they that govern without Line justly , rule against Right . Some Men either deserving to be accounted of excellent Wisdom , or singular in that Skill whereof they make Profession , do ordinarily love the Proceedings of others ; taking that Advantage of their ill Success : Yet sure it is , that Disaster and unhappy Event of some Actions , proceed not of Disorder , nor Human Imperfection , but from a certain Fatal Fury , which neither Counsel nor Constancy of Men can withstand . It is a matter of much difficulty , or rather impossible for any Prince to maintain the Law , Civil or Military , without Severity : For where Men hope to be easily pardoned , there are they apt to offend . Contrarily , where Mens Actions are precisely fitted , there do they live in over-great Aw , and Hatred doth always accompany such Severity . The best course therefore is to punish Offences severely , and reward vertuous Merits liberally ; so shall Fear be converted to reverend Respect , and none have cause to complain : For as it lies in each Man's Power to shun offending , so is it in their Power also to deserve well , and merit Reward . Whosoever , after mature deliberation , hath resolved what Course to hold in the Action he hath in hand , must not after repent , or fear any Difficulty : For such Thoughts would break the Vigour of the Mind , and impeach the Proceedings of that which was resolved . And albeit some Differences do happily arise , yet must he believe that every other course would have been accompanied with the same or greater Impediments . Young Men for the warmness of their Blood , and for not having before-time been deceived by Fortune , more willingly enterprise Actions rather honourable than severe . But Old Men as well for that their Heat is cooled , as also for having attempted many things in vain , make choice of Enterprises severe , rather than those that are followed with Fame and Glory . The greatness of one Prince is nothing else but the Ruin and Distress of another : Likewise his Strength is the Weakness and Oppression of others . Some Conquests are of such Quality , as albeit a victorious Captain merit triumphal Honour ; yet a modest refusal becomes his greater Glory . The Dignity of Magistrates is not assured without Arms ; for when Obedience faileth , no other means is left to continue a People united . As willing Obedience in Subjects is the Prince's Strength , so is the same their own Security : For as by the Princes Authority the People are governed , so by their Consent he is maintained . Three things Men covet with immoderate Desire , Lands , Riches , and Honours ; but as seldom they compass their full Content , so are they for the most part to endure a Destiny far other than they wished . Strange it is , yet by Experience proved true , That in Time of Danger , Fortune ( or rather Destiny ) so much amazeth the Judgment of Wise Men , as seldom they conceive what Resolution is best to be taken . No great Free-City can long continue quiet , unless the same be used to foreign Assaults : For wanting Foes without , some inward Enmity will arise , not unlike to strange Bodies of Men , which being secure from external Injury , are nevertheless by their own Poise oppressed . As every Pilot of ordinary Skill knoweth in calm and quiet Seas to direct the Course of his Ship ; so every Governor of Capacity doth understand how the Affairs of State are in peaceable Times to be handled : But when Tempests are , and Subjects bent to Sedition ; the one requires an excellent Sailer , the other the Aid of some excellent Wisdom . It oft happens , that Publick Duty is opposite to private Friendship ; so as we are either forced to omit the Offices due to our Country , or draw our dearest Friends into Danger : In which case we are to prefer publick Respect , before particular Obligation . The nature of base People is such , as either they obey slavishly , or command insolently : For Liberty being the Mark whereat they aim , is by them of that Quality , neither moderately desired nor discreetly continued ; and always there are some seditious Leaders to be found , who of Disorder are inclined to kindle the Ire and Offence of Ignorant People . Dux rebus motis , facile invenitur . Salust . Experience hath oft proved , That Men in best Fortune , and such as esteem themselves most secure , even then fall soonest into Disadventure , because those Dangers unfeared be as it were contemned , and not regarded . To enter needless Dangers , was ever accounted Madness ; yet in Times of extream Peril and apparent Distress , Bold and Hazardous Attempts are greatest Security . The divers Adventures which happen to Men , may well inform , That much better it is , chiefly in Arms , to be governed by Reason than by Fortune . A certain Peace is ever accounted better Security than Victory hoped or expected . Melior tutiorque certa pax quam sperata victoria . Liv. If to our Prosperity God were pleased to add the Grace of Wisdom , we should thereby judge not only of what is past , but also of all that can succeed hereafter . Rarely or never can we consider truly of worldly proceedings , unless first we have felt the deceits of Fortune . Discord or Dissention in any State or City , offers opportunity to such men as are ambitious to work their will : For the humor of Sects and Partialities is such , as the weaker Faction doth ever chuse rather to call for aid of Strangers , than yield to the Dominion of an adverse Party . Ancient Customs may not violently and suddenly be taken away . Fortune which altereth all things , will by little and little wear them out of use . To be oft in fight , and converse much with men , breedeth a kinde of Satiety : therefore it behoveth persons of great Estate and Authority to be retired , lest over-much familiarity should derract from the reverencc due to honorable Estate . The natures of men not content to live according to their Fortune and Birth , are of all others most prone to Envy ; because they hate the vertue and welfare of all such as are in estimation above them . Great heed is to be taken , that no Citizen or Subject , be suffered to aspire to such greatness , as cannot be forced to obey the Laws ; and no order there is of more necessity , than that every man of what quality soever , may be without respect accused and judged . For conservation of particular Greatness and Dignity , there is nothing more noble and glorious , than to have felt the force of every Fortune . It is the quality of wise men only , to know how to use Prosperity , and never to trust too much to the favors of present Happiness . A man well advised in his Prosperity , beareth not himself towards others either proud or violent ; nor must he believe in his own present felicity , for the Day knows not what the Night bringeth : He only is to be reputed a man , whose mind cannot be puft up by prosperity , nor dejected by any adverse Fortune . Men of Cholerick humor are easily moved with insolent Speeches , but wise men laugh them to scorn . The way whereby a Prince eschues the hate of Subjects , is , not to take from them their Lands or Goods ; yet albeit the blood of some few be tainted , unless the same be accompanied with Confiscation ( which a Prince is rarely forced to use ) it seldom causeth him to become odious . A Rule most cerain it is that he who commands any thing unpleasing , must by severe means cause it to be observed ; and who desireth to be obeyed , must know how to command : And he only knows how to command , that doth compare his own force with those that are to obey ; wherein finding a proportion , then he may boldly proceed , otherwise forbear . In Actions of difficulty great courage is to be used , and who so compasseth any thing by violence , cannot maintain it by mildness , nor command by affability : He therefore that is of nature soft , should do best to refrain all extraordinary commands , and in matters ordinary imploy the vertue of his mild spirit ; because ordinary punishments are not imputed to the Prince or his Magistrates , but to the Laws and Ordinances of State. When Necessity presseth , desperation is deemed Wisdom , and generous Minds do not account of danger , because those Attempts which begin with Peril , do for the most part end with Glory . He that endeavours to be good among many that are evil , or will uphold that which those labour to pull down of Force , worketh his own undoing . All Common-wealths alter from order to disorder , from disorder to order again ; for Nature having made all worldly Things variable , so soon as they have attained their utmost perfection and height , they must descend ; so from good they fall back to evil ; and from evil they return to good . War begets Quiet , Quiet Idleness , Idleness Disorder , Disorder Ruin ; likewise Ruin Order , Order Vertue , Vertue Glory and good Fortune . WiseMen have observed that Arms were before Learning , and Captains before Philosophers ; for good and well regulated Armies having gained Victory , established Rest and Security , whereof the Study of Letters and Liberal Sciences ensued . That Country deserveth to be loved of all Men , which loves all Men indifferently , and not that Country which respecting the best part , advanceth a few : No Man therefore is to be blamed , if for such cause he desire rather to abandon than embrace his Country . Common-wealths are Bodies mixt , yet have they of Bodies simple some resemblance : And as in these , many Infirmities grow , which without violent Medicines cannot be cured ; so in the other many Mischiefs arise , which a good and godly Patient should offend to leave uncured , though therein he use both force and fire . Those Wars be most just which are most necessary ; and those Arms are most merciful where no hope of help remains but in them only . In Actions which promise either publick Glory , or private Honour , Men may be reasonably persuaded to adventure life and living , because great hope there is to die with Reputation , or live to recover that Peace which War hath consumed : But where Men are no less oppressed by insolency of Commanders , than by insolency of Foes , there is the Calamity doubled , and of two evils the danger of War seemeth least ; for that hath end , the other is infinite . Who so persuades himself to be no less esteemed in evil than good Fortune , is deceived : For promises made , during distress , are rarely performed , unless the same necessity continue . The intent of every Prince , or other State that makes War , is to enrich himself , and impoverish the Enemy : Neither is Victory for other occasions sought , nor the possessions of the Enemy to other end desir'd , than to make themselves mighty , and their Enemy weak . It follows then , that so oft as the Victory impoverishes them , or the gains weaken them , either they pass or come short of that Mark whereat the War was aimed . Ancient and well-governed Common-wealths were wont by their Conquests to fill the Treasuries with Gold and Silver , to give reward to Soldiers , to spare the People from Tributes , to make Triumphs and Publick Feasts : But in later times the Wars have used , first , to consume the Treasure , and after impoverish the People without assuring them from their Enemies . A Prince or State that leaves promises unperformed , by reason of unexpected Impediments , and for no ill intent , ought not to be blamed : Neither are such accidents any just cause or colour why Friends should abandon their Confederates . Where Magistrates govern justly , Subjects obey dutifully ; where private Persons grow rich , and Princes enlarge their Empire ; there is the Common-wealth blessed , and the People fortunate . CHAP. XXVI . Maxims of State , or Prudential Grounds and Polemical Precepts , concerning all Estates , and Forms of Policy in Times of Peace or War , &c. confirmed by Select Narrations and Historical Parallels . ALL Cities and Towns of State are builded either by People dwelling in or about the Place where they are builded , or else they are made by Strangers : Of the first are Athens and Venice , of the other Alexandria and Florence . The Fortune of every City builded , and Vertue of the Builder , appeareth by Choice of the Place , and Quality of Laws : For as fertile Places occasion Men to be slothful , unless by good laws they be forced to labour , so Barrenness compels them to Industry ; which Reason induceth Wise Men to plant Habitations in either : Examples of the first are Ferrara and Rome , of the second Ragusa and Genoa . All Laws whereby Commonwealths are governed were either made by some one excellent Man , and at an instant ; or else they were ordained at sundry Times , according to such Accidents as besel . Example , The Laws of Sparta made at the beginning by Lycurgus , the Laws of Rome at sundry Times . The Government of every City in Time becomes corrupt ; Principality changeth into Tyranny : The Optimacy is made the Government of the People ; and the Popular Estate turns to licentious Disorder ; which Instability or Alteration moved some Law-makers to take Order that in the Government of their City there should be a Mixture of all three , and was the Cause that the Policy of Sparta continued 800 Years , when the Popular State of Athens endured not one hundred . Example , The Laws of Sparta made by Lycurgus , and the Laws of Athens by Solon . Whoso taketh in hand to frame any State or Government , ought to presuppose that all Men are Evil , and at occasions will shew themselves so to be . Example , The Envy of the People of Rome to the Nobles , and their Insolency towards them appeared not so long as the Kings governed ; but the Tarquins being Banished , Opportunity was thereby offered , that the Malice of the one and the other became discovered . The divers Honours of the Nobility and People , the one desiring to command , the other not to obey , are the Cause of continual Troubles , unless some third Mean there be of more Authority than either , to bridle the Force of both . Example , The Kings in Rome expulsed , forth with arose much Mutiny , and could not be suppress'd till the Tribum Plebis were created ; whose Authority wrought the same effect which the Kings had done . Some States endeavour to enlarge their Dominions , and some others labor only to maintain that Estate they antiently possessed . Example of the first was the City of Rome , of the second Sparta . All States desiring to live at Liberty , think fit that every Man should be permitted to accuse any Citizen that offend eth , which manner of proceeding works two excellent Effects : First , That the People should not dare for Fear of accusing to attempt ought against the State ; or if they do , they shall be presently and without Respect punished . Secondly , by Liberty of accusing , every Man hath Means to utter the Offence where with he can charge others , which he could not ; unless it were lawful to take such an ordinary Course , and consequently be driven to ways extraordinary , particular Revenge , or calling in Foreign Forces . Example , Coriolanus and Appius , Claudius at Rome , Lucanncve at Chinsi , Francisco Valeri in Florence . As Accusations are in every State necessary , so Slanders are dangerous , and worthy of Punishment ; the Difference betwixt Accusations and Slanders , is , that the one is publickly performed before Magistrates , with good Proofs and Witnesses to maintain the Truth of the Accusation ; but Slanders are as well publickly performed as dispersed in secret , and Places of Repair , without Witness and Justification , so as every Man may be slandered , but few are orderly accused . Example , Appius Claudius accused by L. Virginius ; Furius Camillus , slandered by Manlius Capitolinus . The only means to suppress Slander is , to give Authority to some Persons of Repute , to compel every Slanderer to become an Accuser ; and if the Accusation prove true , then to reward the Accuser , or at least not to punish him . Example , Manlius the Slanderer of Camillus for his untrue Information punished . A Rule most certain and assured it is , That every Kingdom and State at the first well framed , or after well informed , doth take the Perfection thereof from the Wisdom of some excellent Man , who ought not to be blind though in a Matter of great Moment he happily useth some extraordinary Violence or Proceedings ; for he that employeth Force to mend and not to mar , deserves Commendation . Example , Romulus , Lycurgus , Cleomenes . There lives no Man so simple or wise , so wicked or well-disposed , but prefers those Persons that are praiseable before those that are blameable : Notwithstanding for that well-near all Men are beguil'd in discerning what indeed is Good , deeming that Honourable which in Truth is otherwise : they suffer themselves either willingly or ignorantly to be carried into a Course which merits rather Infamy than Commendation . Example , Every Man wisheth himself Timoleon , or Agesilaus , rather than Dionysius or Phalaris ; rather a Titus or Trajan , than Caligula or Vitellius . Who reads Histories treating of great Actions shall perceive that good Princes indeed are more secure and better defended by the Love of the People , and Fidelity of Counsellors , than were they that entertained many Legions and Men of War. Example , Of all those Emperours which reigned after Caesar until Maximiinus , the greatest number were for their Vices taken and slain , only Galba and Pertinax excepted , who were good Emperours . A Prince of great Knowledge both in Arms and Wisdom , so firmly setleth the Foundation of Government , as albeit his Successor be of the less Vertue , yet may he be maintained even by the Memory of his Predecessor : But if it happen that the third Prince prove not more like the first than the second , then all that is past goeth to Ruine . Example , The Martial Valour of Romulus was the cause that Numa might govern safely in Peace : Which Tullus could not have done , had he been unlike to Romulus ; nor should Bajazet Emperour of Turky have enjoyed the State of his Father Mahomet , and left the same to his Posterity , if Selim his Son had not been more like to his Grand - father than to Bajazet his Father . The Succession of two excellent Princes , chiesly if they be of long life , works wondrous Effects : The like is seen in Optimacies and Popular States , where the Governours successively elected be Men of great Vertue and Understanding . Example , The first appeared in Philip of Macedon , and Alexander his Son , the second in the Consuls of Rome . In every State , where Soldiers are not , the Fault thereof proceeds from the Governours . Wise Princes were therefore wont even in Times of Peace to cause Warlike Exercises to be used ; for without them the most Warlike Nations become not only Ignorant in Martial Knowledge , but also effeminate . Example , Pelopidas & Epaminondas in Thebes , and King Tullus in Rome as well in Peaceable as Troublesome Times used the exercise of Arms. No Prince or State well advised , hazards his whole Estate upon the Valour of some few Persons , nor ought to Strength of strait Places , where the Enemy is to pass . Example , Tully King of Rome , and Metius King of Alba , condescended that three of their Nobility for either side , chosen should enter Combate , and that Nation which was Victorious should command the other . Francis the French King going to recover Lombardy , was by the Switzers attended into two or three Places in the Mountains , hoping there to repulse him , but the King taking another way , passed securely and prevailed . Every State well governed doth reward Men of good Merit , and punish all Offenders ; and if any Person of good Desert shall wilfully be a Delinquent , the same Man ought not withstanding his former service , be punisht . Example , The same Horatio that in Combat gained the Victory against the Albani , having insolently slain his own Sister , was notwithstanding his egregious Act and the fresh memory thereof , called into trial of his life , and with great difficulty obtained Pardon : And Manlius who had with great Glory saved the Capitol , for moving Sedition in Rome , was after from the same cast down headlong . Every wise Man having performed any great service to his Prince or Country , ought to be content with such recompence as it shall please the Prince or Country to bestow : Measuring the same according to the Power of the giver , and not the merit of him that receiveth . Example , Horatius Cocles for having lost his Hand in defence of the Bridge of Rome , and Mutius Scaevola suffering his Hand to be burnt for his attempt to kill King Porsenna , were rewarded with a small Portion of Land ; and Manlius that defended the Capitol from the Galleys , had no greater reward than a little measure of Meal . Ingratitude is a Vice so natural and common , as not only private Persons , but Princes and States also either through Covetousness or Suspition are therewith infected . Example , Vespasian proclaimed Emperor , was chiefly aided by Antonius Primus , and by his help prevailed against Vitellius , in Reward of which Service Vespasian removed him from the Command of his Army , and gave that honour to Mutianus . Consalvo Ferranoe having taken the Kingdom of Naples from the French , was first removed from his Command of the Castles and Soldiers , and in the end brought into Spain , where in disgrace he ended his Life . Collatinus Tarquinius who with the aid of Brutus suppressed the Tarquins of Rome , and with him Pub. Valerius were banish'd for no other cause but for being of the name of Tarquin , the other because he built a House upon Mount Coelio . All Errors that great Captains commit , are either wilful or ignorant , towards the one and the other of which Offenders to use greater lenity than the quality of their Offences deserves , seemeth necessary : For Men of Honour suffer nought by the Infamy which evil Service doth bring . It is also to be considered that a great Captain being cumbred with many cares , cannot proceed in his Actions couragiously , if he stand in daily doubt to be punish'd for every error that hapneth . Example , Sergius and Virginius were before Veio , the one part of the Army on the one side of the City , the other not far from the place . Sergius being assaulted by the Falisci was not aided by Virginius , neither would he require his help , such was the envy the one bare to the other ; and consequently their Offence is wilful and worthy of capital punishment . Likewise when Varro by his Ignorance , received an overthrow by Hannibal at Cannae , he was nevertheless pardoned and honourably welcomed home by the whole Senate . Whensoever an Inconvenience ariseth within or without the State , it seems a Resolution more sure to dissemble the knowing thereof , than to seek by sudden violence to suppress it . Example , Cosmo de Medices having gained extraordinary Reputation in Florence , the Citizens imagined , that to suffer the same to increase was dangerous , and therefore they Banished him : Which extream Proceeding , so offended the Friends of Cosme , being the stronger , as they forced the Citizens to revoke him , and make him Prince of that City . The like hapned in Rome , where Caesar for his Vertue , much admired and followed , became afterwards to be feared ; and they that feared , not considering their force to be inferior to the power of Caesar , endeavouring to oppress him , were the occasion of his greater Glory . In every Republick , an excessive Authority given to one or two Persons for long time , proveth dangerous , chiefly when the same is not restrained . Example , The Dictatorship given to Caesar for life , was an occasion to oppress the Liberties of the Romans . The same effect was before that time like to follow the Decemvirate , by suffering Appius Claudius to prolong the time of his Dignity . The Ambition of Men is such , as rarely they will obey when formerly they have commanded ; neither do they willingly accept of mean Office , having before sate in higher place : Yet the Citizens of well-governed States , did not refuse as well to obey as command . Example , The Victory the Romans obtained against the Veienti , Q. Fabius was slain , having the year before been Consul : Nevertheless he then served in meaner place under C. Manilius , and M. Fabius his own Brother then Consul . There is nothing more strange , yet by experience proved true , That Men in adverse Fortune be much grieved , and in Prosperity also discontented ; which is the reason , that not being forced to fight for necessity , they will nevertheless contend for Ambition ; and that Humour doth as well possess those that live aloft , as others whom Fortune holdeth down . Example , The People of Rome having by the Authority of the Tribunes obtained to make themselves secure from oppression of the Nobility , forthwith required , That the Honour and Office of State might be also imparted unto them . The like Ambition moved them to have their part of Lands by force of Lex Agaria , which was at last the overthrow of the Roman Liberty . It seemeth that People displeased with some Innovations hapned in the State , do sometime without just Reasons complain of those that govern : Not unlike to a sick Man , who deemeth that the Physician , not the Fever , is the cause of his Grief . Example , The People of Rome were persuaded that the Ambition of Consuls was the cause of continual War , therefore required that no more Consuls should be ; yet they were content that certain Tribunes should command with like Authority ; so was nothing altered in the Government , but the Governors Title , which alone did content them . Nothing can corrupt and alter the nature of Man so much , or so soon as the immoderate desire of Honour ; in so much as Men of honest Minds and vertuous Inclinations are sometimes by Ambition , drawn to abuse that Goodness whereunto they are inclined . Example , Appius Claudius having lived long an Enemy to the Multitude , hoping by their aid to continue his Authority of the Decemviri in Rome , became their Friend , and disfavoured the Factions of great Men. Likewise Q. Fabius a Man of singular vertue , being also called to that dignity by Appius's self , adulterated his nature and became like unto him . Seldom or never is any People discontented without just cause ; yet if happily they be asked whereof their offence proceedeth , many times for want of some fit Man to pronounce their grief , they stand silent . Example , The Romans at the death of Virginia , were gathered together armed upon Mount Sacro , and being asked by the Senate , for what cause they so did ? No Answer was made ; until Virginio Father of the Virgin had procured , that twenty of the Tribunes might be made to be as Head of the People , and confer with the Senate . A great Folly or rather meer Madness it seemeth to desire any thing , and tell before-hand that the end and purpose of the desire is evil ; for thereby he sheweth Reason why it ought not to be granted . Example , The Romans required of the Senate that Appius and the rest of the Decemviri should be delivered into their Hands , being determined to burn them all alive . The first part of their Request seemed reasonable , but the end thereof unreasonable . A course very dangerons it is in all States , by continual accusing and punishing , to hold the Subject in doubt and daily fear : For he that stands always looking for some trouble , becometh careless and apt to attempt Innovation . Example , The Decemviri being opprest , the Tribunes authorized in their place , endeavoured daily to call in question the most part of the Decemviri , and many other Citizens also , whereof great Inconveniences arose , and much danger would have ensued , had not a Decree propounded by M. Duillius been made , that for one year no Roman Citizen should be accused . Strange it is to see how Men in seeking their own security , lay the Injuries which they fear , upon other Men ; as though it were necessary , either to offend or to be offended . Example , The Romans among themselves , united and strong , always endeavoured to offend the Nobles ; and the Nobles likewise being persuaded they were strong , laboured to oppress the People : Which Humours were the cause of continual Troubles . To make estimation and choice of Men fit to govern , the best course is to consider in particular ; otherwise it might be imagined , that among the Multitude or meaner People , they being the greatest number , might be found some Persons of more perfection . Example , The People of Rome desiring that the Consulship might be given among them as Men of most Merit , did by all means endeavour to obtain that Honour ; but being come to Election , and every Mans Vertue particularly considered , there could not be among the Multitude only one found fit for so great a place ; and therefore the People themselves consented , that the Dignity should still remain as it was . To persuade a Multitude to any Enterprise , is easie , if that which is persuaded , doth promise either Profit or Honour ; yet oft under that external apparence lies hid loss or disadvantage . Example , The Romans persuading themselves that the slow Proceedings of Fabius Maximus in the War , was both chargeable and cowardly , required , That the General of the Horse might direct the War ; which course had ruined Rome , if the Wisdom of Fabius had not been . Likewise , when Hannibal had divers years reigned in Italy , one M. Centenius Penula , a Man of base Birth , yet a Soldier of some Repute , undertook that if he with such Voluntiers as would follow him , might have Authority to Fight , he would within few days deliver Hannibal either alive or dead : Which Offer was by the Senate accounted rash , yet for fear to offend the People , granted ; and Penula with his Soldiers was cut in pieces . To appease a Mutiny or Tumult in any Camp or City , there is no means more speedy or successful , than if some Person of great Quality and Respect , present himself to the People , and by his Wisdom lay before them the damage of their Discords , persuading them to Peace and Patience . Example , The Faction of the Frateschi and Arratiati in Florence ; the one ready to assault the other . Francisco Soderini , Bishop of Voterra , in his Episcopal Habit , went between the Parties and appeased them : Also Count Egremont , by the Authority of his Wisdom and Presence , supprest a great Mutiny in Antwerp , between the Martinists and Papists . A People corrupted , do rarely or never observe any Order or Ordinance , unless by Force of some Prince's Power they be thereto inforced ; but where the Multitude is Incorrupt and Religious , all things are done justly , and without Compulsion . Example , Camillus at the Victory against the Urienti , vowed that the tenth part of the Pillage should be offered to Apollo ; but the Senate supposing that the People would not consent to so great a Contribution , studied to dispense with that Vow , and to please Apollo and the People also by some other Means : Whereat the People shewed themselves openly offended , and willingly gave no less than the Sum formerly decreed . When the Free-Cities of Germany are occasioned to make Mony for any Publick Service , the Magistrates impose one or two in the hundred on every City , which done , every one is sworn to lay down so much as in his own Conscience he is able ; and he with his own Hand , no other Witness being present , casteth the Mony into a Coffer prepared for the purpose ; which he would not , if his own Conscience did not inforce him . When any extraordinary occasion happens to a City or Province , some prodigious Voice is heard , or some marvelous Sights are seen . Before T. Gracchus General of the Roman Army was betraid by Flavius Lucanus , the Aruspices discovered two Serpents eating the Entrails of the Beasts sacrificed ; which done , they vanish'd : Which Vision , as they divined , prognosticated the General 's Death : Likewise F. Savanarola foretold the coming of King Charles VIII . into Italy : And M. Sedigitus , when the Gauls first came towards Rome , informed the Senate he heard a Voice much louder than any Man's , crying aloud , Galli veniunt . The multitude of base People is naturally audacious and apt to Innovation ; yet unless they be directed by some Persons of Reputation and Wisdom , rarely do they joyn in any Action of great import . Example , The Romans , when their City was taken and sack'd by the Gauls , went to Veio with determination to dwell there : The Senate informed thereof , commanded , That upon great Pain every Citizen should return to Rome , whereat the People at first mocked ; but when every Man particularly within himself considered his own Peril , all in general determined to obey the Magistrates . In the Employment of Men for Service , neither Age nor Fortune ought so much to be regarded as Vertue ; for young Men having made trial of their Valour , soon become aged , and thereby either unapt or unable to serve : Therefore well-governed Commonwealths , preferred Military Vertue before any other respect . Example , Valerius Corvinus , with others , made Consul the three and twentieth Year of his Age , and Pompey triumphed in his Youth . No wise or well-advised Prince or other State will undertake without excessive Forces to invade the Dominions of any other Prince , unless he assure himself of some Friends there to be a Mean , and as it were a Gate . to prepare his Passage . Example , The Romans by Aid of the Saguntines entred Spain , the AEtoli called them into Greece , the Hediai into France : Likewise the Palaeologi incited the Turk to come into Thrace ; and Ludovicus Sforza occasioned Charles the French King to come into Italy . A Republick desirous to extend the Bounds thereof , must endeavour to be fully furnish'd with Inhabitants , which may be done both by Love and Force : Love is gained by suffering Strangers to inhabit the City securely ; and Force compels People to come thither , when other Cities and Towns near at hand be demolished or defaced : And impossible it is without this Order of proceeding . to enlarge any City or make the same of greater Power . Example , The Romans to enlarge their City demolished Alba , and many other Towns , and therewith also entertained all Strangers courteously : So as Rome grew to such greatness , that the City only could arm six hundred and forty thousand Men ; but Sparta or Athens could never exceed twenty thousand , for that Lycurgus had inhibited the access of Strangers . A Commonwealth that consumes more Treasure in the War , than it profits in Victory , seems to have rather hindred than honoured or inriched the State. A wise Captain therefore in his Actions , ought as well to profit the Republick , as to gain to himself Glory . Example , The Consuls of Rome did seldom desire Triumph , unless they returned from the War loaden with Gold , Silver and other rich Spoils fit to be delivered into the Common Treasury . All Foreign Wars with Princes or other States taken in hand , be either for Ambition or Desire of Glory , or else for Necessity . Example , The Romans for their Ambition conquered many Nations , with intent only to have the Obedience of the People ; yet did they suffer them to hold Possession of their Houses , and sometimes they were permitted to live only with their old Laws . Likewise Alexander the Great endeavoured to suppress many Princes for his Glory , but did not disposses the People , nor kill them . Otherwise it is where a whole Nation inforced by Famine or Fury of War , abandon their own Dwellings , and are forced to inhabit elswhere . Example , The Goths and other People of the North invaded the Roman Empire , and many other Provinces , whereof their Alteration of Names did ensue ; as Illyria , now called Slavonia , England formerly named Britain . A common Conceit and Saying it is , That Mony makes the War strong , and is the Force and Sinews thereof ; as though he who hath most Treasure , be also most mighty ; but Experience hath apparently shewed the contrary . Example , After the Death of Alexander King of Macedon , a multitude of Gauls went into Greece , and being there arrived , sent certain Ambassadors to the King , who supposing to make them afraid of his Power , shewed them his Treasure , which wrought a contrary effect ; for the Gauls , before desirous of Peace , resolved then to continue the War , in hope to win that mighty mass of Mony. Likewise Darius should have vanquished Alexander , and the Greeks might have conquered the Romans , if the richer Prince might ever by his Mony have prevailed . Every League made with a Prince or Republick remote , is weak and rather aideth us with Fame than Effect , and consequently deceiveth all those that in such amity repose Confidence . Example , The Florentines being assaulted by the King of Naples and the Pope , prayed Aid of the French King ; who being far distant , could not in Time Succour them : And the Cedicini desiring Aid of the Capuani against the Samnites , a People of no Force , were deceived . A Prince whose People is well arm'd and train'd , shall do better to attend his Enemy at Home , than by Invasion to assault his Country : But such Princes whose Subjects are disarmed , had need to hold the Enemy aloof . Example , The Romans , and in this Age the Swisses , being well armed , may attend the War at Home ; but the Carthaginians and Italians being not so well furnished , did ever use to seek the Enemy . The Plurality of Commanders in equal Authority , is for the most part occasion of slow Proceeding in the War. Example , There was at one Time in Rome created four Tribuni Militares with Authority of Consuls , viz. T. Quintus after his Consulship , Cajus Furius , M. Posthumus , and A. Cornelius Cassius , amongst whom arose so much Diversity and Contrariety of Opinion , as nothing could be done till their Authority ceased , and M. AEmylius made Dictator . A Victory obtained by any great Captain with the Authority of his Prince's Commission , Counsel , and Directions , ought ever to be imputed rather to the Wisdom of the Prince , than the Valour of the Captain : Which made the Emperors of Rome to permit no Captains ( how great soever his Victories were ) to Triumph , as before that time the Consuls had done ; and even in those Days a modest Refusal of Triumph was commended . Example , M. Fulvius having gained a great Victory against the Tuscans , was both by the Consent of the Senate and People of Rome , admitted to Triumph ; but the Refusal of that Honour proved his great Glory . All they that from private Estate have aspired to Principality , either by Force or Fraud be come thereunto , unless the same be given , or by Inheritance descended : Yet it is rarely seen , that Force alone prevaileth , but Fraud without Force oft-times sufficeth . Example , Agathocles by such means became Prince of Syracusa ; John Galeazzo by abusing his Uncle Barnabas , gained the Dominion of Lombardy ; and Cyrus circumvented Cyaxares his Mothers Brother , and by that Craft aspired to Greatness . Sudden Resolutions are always dangerous ; and no less Peril ensueth of slow and doubtful Delays . Example , When Hieron Prince of Syracuse died , the War even then being in great Heat between the Romans and Carthaginians , they of Syracusa consulted , whether it were better to follow the Fortune of Rome or Carthage . In which Doubt they continued until Apollondies , a chief Captain of Syracusa , laid before them , That so long Delay would make them hated both of Romans and Carthaginians . Likewise the Flcrentines being by Lewis the Twelfth required to give his Army Passage towards Naples , mused so long upon an Answer , that he became their Enemy , and they forced to recover his Favour full dearly . To govern a State is nothing else but to take such Order as the Subjects may not , or ought not to offend ; which may be done , either by removing from them all means to disobey , or by affording them so great Favours , as reasonably they ought not to change their Fortune ; for the mean Course proveth Dangerous . Example , The Latins being by the Valour of Camillus overcome , yielded themselves to endure what Punishment it pleased the Romans to inflict . An Ingenious and Magnanimous Answer being made unto Wise Magistrates , doth oft obtain both Pardon and Grace . Example , When the Privernates had rebelled , and were by Force constrained to return to the Obedience of the Romans , they sent certain of the City unto Rome , to desire pardon ; who being brought before the Senate , one of the Senators asked the Privernates , what punishment themselves did think they had deserved : The same , quoth they , which Men living in Freedom , think they are worthy of . Whereto the Consul thus replied , Quid si poenam remittimus ? Qualem nos patem vobiscum habituros speremus ? The Privernates answered , Si bonam dederitis , & fidelem & perpetuam : Si malam , haud diuturnam . Which Answer was thought to proceed from generous Men , and therefore they were not only pardoned , but also honoured and received into the number of the Roman Citizens . All Castles , Fortresses , and Places of Strength , be made for Defence , either against the Enemy or Subject : In the first Case they are not necessary , in the second dangerous . For thereby the Prince may at his Pleasure take occasion to insult upon the Subject , when much more seemly he might settle his Estate upon the Love and good Affection of Men. Example , The Castle of Millan made by Duke Francisco Sforza , incited his Heirs to become insolent ; and consequently they became odious ; which was also the cause that so soon as that City was assaulted , the Enemy with facility did possess it . That Prince or Potentate which builds his Severity rather upon the Trust he hath in Fortresses , than the Love of Men , shall be deceived : For no Place is so strong , as can long defend it self , unless by the Love and Aid of Men it be in time of Necessity succoured . Example , Pope Julio having drawn the Bentivoli out of Bologna , built there a strong Castle ; the Governor thereof robbed the People , and they therewith grieved , in a short Time took the Castle from him . So after the Revolt of Genoa , Lewis the Twelfth came to the Recovery thereof , and builded there the strongest Fortification of Italy , as well for Sight as the Circumstances inexpugnable . Nevertheless the Citizens rebelled , and within sixteen Months the French were forced to yield the Castle and Government to Octavio Fragosa . To build Forts upon Places of Strength , either for defence of our own , or to hold that which is taken from others , hath ever proved to small purpose . Example , The Romans having supprest the Rebellion of the Latins and Privernates , albeit they were People Warlike , and lovers of Liberty ; yet to keep them Subject , built there no Castle , nor other Places fortified : And the Lacedemonians did not only forbear to fortifie the Towns they conquered , but also left their chief City of Sparta unwalled . The Necessity or Use of Fortification is only upon Frontiers , or such principal places where Princes make their Habitation ; to the end the Fury of sudden Assaults may be staid , and Time for Succor entertained : Otherwise , Example , the Castle of Millan being made to hold the State in Obedience , could not so do either for the House of Sforza or France . Guido Ubaldo , Duke of Velin , driven from his Dominion by Caesar Borgia , so soon as he recovered his Country , caused all the Forts to be demolished : For by Experience he found the Love of Men was the surest Defence , and that Fortifications prevailed no less against him than for him . The Causes of Division and Faction in every Commonweal proceed most commonly of Idleness and Peace , and that which uniteth , is Fear and War. Example , The Vejenti and Elinsci having Intelligence of great Contention between the Nobility and People of Rome , thought that a fit Opportunity to oppress the one and the other : But the Romans informed of such an Intention , appeased all Domestick Anger , and by the Valour of their Arms , conducted by Gn. Manlius and M. Fabius , defeated the Enemies Forces . The means to usurp an Estate disjoynted is , first before Arms be taken , to become , as it were , an Arbitrator or a Friend indifferent ; and after Arms be taken , then to send moderate Aid to the weak Side , as well to entertain the War between the Factions , as also to consume the Strength both of the one , and the other ; yet in no wise to employ any great Forces , for thereby either party may discover the Intents to suppress them . Example , The City of Pistoia fallen into Division , the Florentines took occasion sometimes to favor the one , and sometimes the other , that in the end both sides weary of the War , voluntarily yielded to their Devotion . Philippo Viscount , hoping sundry times by occasion of Faction to oppress the Florentines , did often assault them with great Forces , which was the Cause that they became reunited ; and consequently the Duke deceived of his Expectation . A great Wisdom it is to refrain Opprobrious and Injurious Speech : For as neither the one nor the other can any whit decrease the Enemies Force , so doth it move him to greater Hate , and more desire to offend . Example , Gabides , a General of the Persians having long besieged Amida , became weary , and preparing to abandon the enterprise , raised his Camp , which they of the City beholding , began to revile the Persians , and from the Walls reproved them of Cowardise ; which undiscreet Words so highly offended Gabides , as thereupon he resolved to continue the Siege , and within few days won the City . Tiberius Gracchus appointed Captain of certain Bands of Men , whom for want of other Soldiers the Romans entertained , proclaimed in his Camp , That no Man , upon Pain of Death , should contumeliously call any Soldier Slave , either in Earnest or Jest. Nam facetiae asperae quando nimium ex vero traxere , acrem sui memoriam relinquunt . Likewise Alexander the Great having conquered well near all the East , brought his Forces before Tyre , they fearing Alexander's Fury , offered upon honourable Considerations to yeild him Obedience , only requiring , that neither he nor any of his Forces should enter the City , which motion after four Months Alexander accepted , and so signified by his Ambassador , who arriving at Tyre was by the proud Citizens slain , whereat Alexander grew into Choler , and being ready to forsake the Siege , staid his Forces , and in the end sacked the City and put the People to the Sword. A Prince or any other State being assaulted by an Enemy of far more puissance than himself , ought not to refuse any honourable Compositions , chiefly when they are offered ; for no Conditions can be so base , but shall in some sort turn to Advantage and Honour of him that accepts them . Example , Anno 1512. certain Florentines procured great Forces of Spaniards to come thither , as well to reposess the Medici then banish'd , as also to sack the City ; promising that so soon as the Army of Spain did come into the Florentine Dominion , the Faction of Medici would be ready armed to receive them . But the Spaniards being come , found no Forces at all to joyn with them ; and therefore wanting Victual , offered Composition . The Florentines finding the Enemy distressed grew insolent and refused Peace , whereof followed the loss of Prato , and many other Inconveniences . The like happened to them of Tyre , as before . The denial or delay of Justice desired in revenge of Injuries either publick or privately offered , is a thing very dangerous to every Prince or other State ; for that the Party injured doth oft by indirect means , though with hazard of his Country and himself , seek satisfaction : Example , The Complaint which the Galli made against the Fabii who sent Ambassadors in favour of the Tossani , not being heard , nor any punishment inflicted upon them for Fighting against the Law of Nations , was the cause that the Galli were offended with the States , whereof followed the sack of Rome ; and the delay of Justice in Philip of Macedon , for not revenging the incestuous oppression of Attalus to Pausanias , was the Motive to murther that King. Whoso endeavours the alteration of any State must of necessity proceed with all severity , and leave some memorable Example to those that shall impugn the Ordinance of Government newly setled . Example , When Junius Brutus had by his great Valour banish'd the Tarquins , and sworn the People that no King should ever reign in Rome ; within short time after , many young Nobles , among whom was Brutus's Son , impatient of the equality of the new Government , conspired to recall the Tarquins ; but Brutus thereof informed , caused his own Son not only to be condemned to death , but was himself present at the Execution . As Health and soundness of the Hands , Legs , and other outward Members cannot continue Life , unless the Heart and vital Spirits within be strong and firm ; so Fortifications and Frontier-defences do not prevail , unless the whole Corps of the Kingdom and People be well armed : Example , When the Emperor came into Italy , and had with some difficulty past the confines of the Venetians well near without resistance ; his Army march'd to Venice , and might doubtless have possest the City , had it not been defended with Water . Likewise the English in their assault of France , excepting a few Encounters on the Frontiers , found no puissant resistance within the Realm . And Anno 1513. they forced all that State , and the King himself to tremble , as oft before they had done ; but contrariwise the Romans knowing that Life lay in the Heart , ever held the Body of their State strongest : For the nearer the Enemy approach'd Rome , the better they found the Country armed and defended . The desire to command sovereignly is of so great Force , as doth not only work in those that are in expectation of Principality , but also in them that have no Title at all . Example , this Appetite moved the Wife of Tarquinius Priscus contrary to all natural Duty to incite her Husband to murder her own Father Servius , and possess his Kingdom , as being persuaded it were much more honourable to be a Queen than to be the Daughter of a King. The violation of ancient Laws , Orders and Customs , under which People have long time lived , is the chief and only Cause whereby Princes hazard their Estate and Royal Dignity . Example , Albeit the deflowring of Lucrece was the occasion , yet was it not the cause that moved the Romans to take Arms against Tarquin ; for he having before that fact of Sextus his Son , governed Tyrannically , and taken from the Senate all Authority , was become odious both to the Senate , Nobility and People , who finding themselves well-governed , never seek or wish any other liberty or alteration . A Prince that desires to live secure from Conspiracy , hath cause rather to fear those on whom he hath bestowed over-great Riches and Honors , than those whom he hath greatly injured ; because they want Means to offend ; the other have many opportunities to do it : Example , Perrenius the prime Favorite of Commodus the Emperor , conspired his Death . Plautianus did the like to Severus , and Sejanus to Tiberius ; for being advanced to so great Honors , Riches and Offices , as nothing remained desirable but the Imperial Title , they conspired against the Persons of their Sovereigns in hope of the Dignity ; but in the end they endured that Punishment which to such Disloyalty and Ingratitude appertaineth . An Army which wants Experience , albeit the Captain be expert , is not greatly to be feared ; neither ought an Army of well-train'd Soldiers to be much esteemed , whose Captain is ignorant . Example , Caesar going into Africa against Afranius and Petraeus whose Army was full of old Soldiers , said he feared them little , Quia ibat ad exercitum sine duce . Contrariwise , when he went to Pharsalia to encounter Pompey , he said , Ibo ad ducem fine exercitu . A Captain-General commanding an Army ought rather to govern with Curtesie and Mildness , than with over-much Austerity and Severity . Example , Q. and Appius Claudius being Consuls , were appointed to govern the War. To Q. was allotted one Army which served very dutifully ; but Appius commanding the other with great Cruelty , was by his Soldiers unwillingly obeyed . Nevertheless Tacitus seems of contrary Opinion , saying , Plus Poena quam obsequium valet . Therefore to reconcile these different Conceits , I say , that a General having power to command Men , either they are Confederates or Subjects : If Confederates or Voluntaries , he may not proceed to extream punishment ; if Subjects , and his power absolute , they may be governed otherwise ; yet with such respect , as the insolence of the General inforce not the Soldiers to hate him . Honour may sometime be got as well by the loss as gaining of Victory . Every Man knoweth Glory is due to the Victor , and we deny not the same Priviledge to the vanquished , being able to make proof that the Loss proceeded not from his Default . Neither is it dishonourable to violate those Promises whereto the necessity or disadvantage of War inforceth . And forced Promises which concern a whole State , are not binding , and rarely or ever kept , nor is the Breaker thereby to receive Disgrace . Example , Posthumus the Consul having made a dishonourable Peace with the Samnites , was by them with his whole Army sent home disarmed . Being arrived at Rome , the Consul informed the People they were not bound to perform the base Conditions he was compelled to yield unto ; albeit , he and those few that promised , were bound to perform them . The Senate thereupon concluded to send him Prisoner to Samno , where he constantly protested the Fault to be only his own ; wherefore the People by that Peace incurred no Dishonour at all : And Fortune so much favoured Posthumus , as the Samnites were content presently to return him to Rome ; where he became more glorious for losing the Victory , than was Pontius at Samno for having won the Victory . Wise Men have long observed , That who so will know what shall be , must consider what is past ; for all worldly Things hold the same course they had at first . The Reason is , that as long as Men are possest with the same Passions with former Ages , consequently of these doings the same effects ensue . Example , The Almains and French have ever been noted for their Avarice , Pride , Fury and Infidelity , and so in divers Ages , experience hath proved even to this present : For perfidious Dealing the French have given sufficient proof , not only in ancient times , but also in the time of Charles VIII . who promised to render to the Florentines the Forts of Pisa , but having divers times received Mony , held them notwithstanding in possession . The Florentines found the like in the Almains ; for in the Wars of the Visconti , Dukes of Milan , they prayed aid of the Emperor , who promised them great Forces ; in consideration whereof , he was to receive of the Florentines one hundred thousand Crowns in Hand , and as much more when his Army was arrived in Italy , both which Payments were performed ; but as soon as the Emperor came to Verona he devised Cavillations of Unkindness whereupon he returned home . A Prince desirous to obtain any thing of another , must if occasion so permit , urge his Demand so earnestly and press for so sudden and present Answer , as he who is prest may not have leisure to consider how to excuse himself in denial . Example , Pope Julio endeavoured to drive out of Bologna all the Bentivoli , in which Action he thought the aid of the French necessary , and that the Venetians should stand neutral ; and by divers Messengers did sollicite them to that Effect ; but not receiving any resolute Answer , he thought fit with those few Forces he had to take his Journey to Bologna , whereupon the Venetians advertised him they would remain neutral , and the French King forthwith sent him Forces , as fearing the Popes Indignation ; likewise the Tuscans having formerly desired aid of the Samnites against the Romans , took Arms suddenly and obtained their request which the Samnites had before denied . When a Multitude offendeth , all may not be punish'd , because they are too many : To punish part and leave the rest unpunish'd , were Injury to the Sufferers ; and to those that escape , an Encouragement to offend again ; therefore to eschew all extremity , mean Courses have been anciently used . Example , When all the Wives of the Romans conspired to Poyson their Husbands , a convenient number of them were punisht , and the rest suffered to pass : Likewise at the conspiracy of the Bacchanals in the time of the Macedonian War , wherein many thousands Men and Women had part , every tenth person only was put to death by lot , although the offence were general ; by which manner of punishing , he that suffered , complain'd on his fortune ; and he that escaped , was put in fear , that offending again , the same punishment might light upon himself , and therefore would no more offend . A Battel or great action in Arms ought not to be enterprised without special Commission or Command from the Prince ; otherwise the General incurs great danger . Example , Papyrius the Dictator punisht the General of the Horse in the Roman Army , for having fought without his consent , although he had in battle slain 20000 Enemies without loss of 200 of his own ; and Caesar commended his Captain Silanus for having refrain'd to fight , though with great advantage he might . Also count Egmont hazarded the favor of the King his Master for giving battel to Marshall de Thermes , albeit he were victorious : for upon the success of that action the loss or safety of all the Low Countries depended . To govern without Council is not only dangerous in Aristocracies and Popular States , but unto independent Princes an occasion of utter ruin . Example , Hieron the first King of Sicily in all his proceedings used the advice of Counsels , and lived fifty years prosperously in Peace ; but his grand-child succeeding , refusing all Counsel lost his Kingdom , and was with all his Kinsfolk and Friends cruelly slain . In all Monarchies the Senate or privv-Council is or ought to be composed of persons of great dignity , or Men of approved wisdom and understanding . Example , In Polonia no Man is Counsellor unless he be a Palatine , a Bishop , a Castellan , a Captain , or such a one as hath been Ambassador : and in Turky the title of Counsellor is not given but only to the four Bassaes. The two Cadelesquires , the twelve Beglerbegs , and Kings Son , who in his Fathers absence , is as it were a President of the Divano or Senate . Many Princes Ancient and Modern have used to select out of their Council , two or three , or four at most , to whom only they did impart their affairs . Example , The Emperor Augustus had Maecenas and Agrippa ; Julius Caesar , Q. Paedius and Cor. Balbus , whom he only trusted with his Cipher and secrets , being Counsellors of the Cabinet ( as we now call them . ) The alteration of old Laws , or introduction of new , are in all States very dangerous , notwithstanding any appearance of profit or publick utility , which moved wise Governours to decree , that ancient Laws once established might never be called in question . Example , The Athenians decreed that no Law should be propounded to the People without the consent of the Senate : the like use is observed in Venice , where no Petition is preferred to the Senate but by advice of the Sages ; and among the Locrians the Custom was , that whosoever presented any new Law to be confirmed , should come with a Halter about his Neck , and be therewith hanged if his request were rejected ; also Lycurgus to prevent the alteration of his Laws , did swear the People of Sparta to observe them untilhis return , and thereupon retired himself into voluntary exile , with intent never to return . When necessity or good reason moves Innovation or Abolition of Laws , a course more secure it is to do it rather by degrees than suddenly . Example , The Romans finding the Laws of the twelve Tables unprofitable , suffered them to be observed or neglected at discretion , but would not publickly suppress them for fear of calling other Laws into contempt : so did they continue 700 years , and were then cassed by Ebutius the Tribune . But Agis King of Lacedemon desirous to revive the Laws of Lycurgus , long discontinued , enforced all Men to bring in their evidence and writings to be cancelled , to the end a new partition of Lands and Goods might be made ; which suddain and violent proceeding proved so fatal , that it moved a dangerous sedition , wherein he was disposed and with his Mother and Friends put to death ; which Example haply moved the Venetians not to attempt any thing against the Authority of Augustino Barberino their Duke : but after his death , and before the Election of Lovedono , the Signiory publisht new Ordinances detractive from the Ducal Authority . Whose hath won to himself so great Love and Affection , as thereby to become master of the forces , and at his pleasure commands the Subjects apt for Arms , may also without right or title assure himself of the whole Estate . Example , Hugh Capat a Subject to the Crown of France , being greatly honoured by the Soldiers , found means thereby to prevent Charles Duke of Lorrain of the Crown , being right Heir by descent from Charlemain . And albeit the Families of the Paleologi , Ebrami and Turcani be of the blood Royal and Right Heirs to the Turkish Empire , when the Ottoman Line shall fail ; yet it is like that the chief Bassa having the love of the Janisaries will usurp the State , because the Paleologi and other Competitors be far from the Turks person , poor and without means to purchase the Soldiers favor . A Commander General in Arms , ought upon pain of great punishment be enjoyned , not to imploy or retain any forces longer than the time of his Commission . Example , The Dictators of Rome were in this point so precise , as never any of them dared to transgress the time prefixed , till Caesar obtained that dignity should continue in him for life ; which was the cause of his usurpation of the State. Also the Thebans commanded , that if the General of their Army did hold his forces one day longer than the time prefixt , he should thereby incur danger of death : which Justice was executed upon Epaminondas and Pelopidas . Banishment of great Lords , or Citizens of great Reputation , hath been in divers places diversly used : for in the one , they were inforced only to absent themselves without further infliction ; in the other , Banishment was accompanied with Confiscation , a course of great danger . Example , In Argos , Athens , Ephesus , and other Cities of Greece , the Citizens puissant in Friends , Vertue or Riches , were many times banish'd for Envy or Fear , but never or very rarely forced to absent themselves longer than ten Years ; and that without loss of Goods , which was the cause that never any of them Warred against the Country : But Dion being banish'd Syracusa by Dionysius Junior , and Coriolanus from Rome , did make mighty Wars against their own Country . The like was done by the Medici in Florence . Honourable and Magnanimous Men were wont not only to enterprise great Acts , but also to suffer patiently all Injuries which Foes or Fortune could expose them to : As resolved , that no Calamity was so great as to make their Minds abject , or to forget the Dignity appertaining to Persons vertuous : Example , After the defeat of the Roman Army upon the River Allia , the Galli persued the Victory even to Rome's Walls : Whither being come , and finding the Gates open , without any sign of Resistance they entred the Streets , where all Honourable Palaces were also unshut , which caused the Galli greatly to doubt . Nevertheless looking into the Houses , they found in every of them a Senator set in a Chair of State , and in his Hand a Rod of Ivory ; his Person was also vested with Robes of Dignity , which Majestick spectacle did marvelously amate the Galli , not having before that time seen any such Reverend Sight ; and therefore did not only refrain to offer Violence , but highly admired the Roman Courage , chiefly in that Fortune . Nevertheless at length a rude Gall hapned with his Hand to touch the white Beard of M. Papyrius , whereat he taking great disdain struck him with his Rod , in requital whereof the Barbarian slew Papyrius , and by that example all the other Senators and persons of dignity were also slain . Albeit the knowledge and study of Letters be both commendable and necesssary in all well regulated States ; yet if under so honest pretence , Idleness enter , such Abuses most seasonably be foreseen and removed . Example , When Deognis and Carneades , two excellent Philosophers , were sent Ambassadors from Athens to the Romans , many of the Nobility that before disposed themselves to Arms , allured with their Eloquence and marvelous Wisdom , began with great Admiration to follow them : And in lieu of Arms , turned their endeavours to the study of Letters , which the wise Cato discerning , procured the Senate to decree that ( to eschew all Inconveniences which so honest Idleness might breed ) no Philosophers should from thenceforth be received into Rome . The Honour due to Magistrates was anciently much regarded , and contrariwise all irreverent and undutiful Behaviour with great Severity punish'd . Example , The Censors of Rome degraded a Citizen only for having yawned loud in their Presence : And another called Vectius was slain in the Field , for not doing due reverence to a Tribune when he past by him . It is also observed , that the Son of Fab. Maximus when he was Censor , meeting his Father on Horseback , and seeing the Serjeans affraid to speak to him to dismount , did himself Command him so to do , which Command the Father cheerfully and willingly obeyed , saying , Domestick Power must give place to Publick Authority . Tyrannous Princes having incurred the universal Hate of People , found no means so meet to preserve them from Popular Fury , as to execute or deliver into their Hands their own chief Minions and intimate Counsellors . Example , Tiberius delivered to the People his Fa vourite Seianus : Nero , Tigellinus . Henry King of Swede committed to their Fury his best beloved Servant George Preston ; Caracalla caused all his Flatterers to be slain that had persuaded him to kill his Brother . The like was done by Caligula , whereby he escaped himself . A Prince that rewards or pardons a Person that kills another Prince , albeit by that means he is aspired to Soveraignty , shall thereby both incur great Danger and Hate , and encourage Men therein to attempt the like against himself . Therefore wise Princes have not only left such Services quite unrecompenced , but also most severely punished them . Example , The Emperor Sever●● put all those to death that consented to the Murder of Pertinax ; and Alexander the Great executed him that slew Darius , as abhorring that Subject that would lay violent Hands on his Prince , notwithstanding he were an Enemy . Likewise Uitellius put to death all the Murderers and Conspirators against Galba ; and Domitian Executed his Secretary Epaphroditus for the Murder of Nero , although he instantly desired his aid . The vertuous and vitious Examples of Princes incite Subjects to imitate the same Qualities ; which Rule never or very rarely fails . Example , Francis the First King of France , and other Princes in divers Ages and Places , had great esteem of Learned Men ; and forth with all the Princes , Nobles , Nobility and Clergy , disposed themselves so earnestly to study , as before that time had not been seen so many and so great a number of Learned Men , as well in Tongues as Sciences . Contrariwise , Alexander the Great , otherwise a Prince of great Vertue , by his immoderate use of Drinking , did draw the greatest number of his Court and People also to delight in Drunkenness - The like effect followed the excessive Intemperance of Mithridates , King of Amasia . The last and not the least considerable , is , to observe how great effects Devotion and Contempt of Human Glory worketh in the Minds not only of private Persons , but of Kings and Princes also , who have oft abandoned worldly Profit , Honour and Pleasure , to embrace the con templative retired Life . Example , Ramirus King of Aragon , Verecundus King of Spain , Charlemain Son of Carolus Martellus , Matilda Queen of France , Amurath King of Turbay , with many others . Imperio Maximus , exemplo Major . FINIS . Books Printed for , and sold by Joseph Watts at the Angel in St. Paul's Church-yard , viz. THE History of Ireland from the Conquest thereof by the English to this present Time , in two Parts : By the Honourable Richard Cox , Esq one of the present Judges for that Kingdom . Folio . The Right Honourable the Marquis of Carmarthen's State of his Case . Folio . His Answer to the Examination of the State of his Case . Folio . His Answer to Sir Robert Howard's Book . Folio . His Reply to some Libels lately Printed . Folio . Tryal of the Lord Russel . Folio . Character of a Popish Successor . Folio . The World's Mistake in Oliver Cromwel : By Sl. Bethel , Esq Quarto . Satyr against Hypocrites . Quarto . No Protestant Plot , 1st . 2d . and 3d. Parts . Quarto . Diarry of His Majesty's Expedition into England . Quarto . Hunton's Treatise of Monarchy , in two Parts . Quarto . The Earl of Rochester's Funeral Sermon . Quarto . The Present Settlement Vindicated , and the late Mis-government proved . Quarto . Rushworth's Historical Collections from 1618. to 1629. James's Corruption of Popish Father's Counsels , &c. Octavo . The True Nature of the Divine Law , &c. Octavo . Reformed Devotions , in Meditations , Hymns and Petitions , for every Day in the Week . Twelves . The Excellent Woman described by her true Characters , and their Opposites . Octavo . An Earnest Invitation to the Sacrament : By Dr. Glanvill . Twelves . At which Place may be had Acts of Parliament , Proclamations , Declarations , Orders of King and Council , Speeches in Parliament ; Choice Pamphlets , both Ancient and New ; Tryals , Narratives and Gazzetts . Notes, typically marginal, from the original text Notes for div A57355-e1080 * Commissions determine in presence of him that granted them . * So Henry the Fourth of France by putting his Courtiers to Board-wages was said to make Money with his Teeth . * The Author of the Epistle Dedicatory to the Dutchess of Suffolk , prefix'd to Mr. Latimer's Sermons , saith , that Lawyers covetousness hath almost devoured England . Discipline . Tam bene quam male facta praemunt . Mart. A24083 ---- An ephemeris for the year 1652 being leap year, and a year of wonders. Prognosticating the ruine of monarchy throughout Europe; and a change of the law. Ministered by rational predictions: 1. from the eclipses of the moon. 2. From that most terrible eclipse of the sun. 3. By monethly observations, as seasonable warnings given to the kings of Europe, more especially to France and Portugal. By Nich: Culpeper, gent. student astrol. Culpeper, Nicholas, 1616-1654. This text is an enriched version of the TCP digital transcription A24083 of text R209343 in the English Short Title Catalog (Wing A1522). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 395 KB of XML-encoded text transcribed from 48 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A24083 Wing A1522 ESTC R209343 99868226 99868226 120566 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A24083) Transcribed from: (Early English Books Online ; image set 120566) Images scanned from microfilm: (Thomason Tracts ; 178:E1349[4]) An ephemeris for the year 1652 being leap year, and a year of wonders. Prognosticating the ruine of monarchy throughout Europe; and a change of the law. Ministered by rational predictions: 1. from the eclipses of the moon. 2. From that most terrible eclipse of the sun. 3. By monethly observations, as seasonable warnings given to the kings of Europe, more especially to France and Portugal. By Nich: Culpeper, gent. student astrol. Culpeper, Nicholas, 1616-1654. [2], 5-30, [66] p. : ill. Printed for T. Vere and N. Brook, and are to be sold in the Old Bayly, and at the Angel in Cornhil, London : 1652 [i.e. 1651] Annotation on Thomason copy: "1651. Nouemb"; the 1 in the date has been crossed out. Reproduction of the original in the British Library. eng Almanacs -- Early works to 1800. Ephemerides -- Early works to 1800. Monarchy -- Early works to 1800. A24083 R209343 (Wing A1522). civilwar no An ephemeris for the year 1652. Being leap-year, and a year of wonders. Prognosticating the ruine of monarchy throughout Europe; and a chang Culpeper, Nicholas 1651 35660 3 0 0 0 0 0 1 B The rate of 1 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2000-00 TCP Assigned for keying and markup 2001-07 Apex CoVantage Keyed and coded from ProQuest page images 2001-08 TCP Staff (Michigan) Sampled and proofread 2005-06 Rachel Losh Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion AN EPHEMERIS for the Year 1652. BEING Leap year , and a Year of Wonders . Prognosticating The Ruine of Monarchy throughout Europe ; and a Change of the Law . Manifested by Rational Predictions : 1. From the Eclipses of the Moon . 2. From that most terrible Eclipse of the Sun . 3. By Monethly Observations , as Seasonable Warnings given to the Kings of Europe , more especially to France and Portugal . By NICH : CULPEPER , Gent. Student Astrol. ACT. 2. 19 , 20. And I will shew wonders in the Heaven above , and signs in the Earth beneath , fire , and blood , and vapor of smoak . The Sun shall be turned into darkness , and the Moon into blood , BEFORE that great and notable day of the Lord shall come . London , Printed for T. Vere , and N. Brook , and are to be sold in the Old Bayly , and at the Angel in Cornhil . 1652. To the Reader . I May say of this my little Book , as Socrates said by the dyet he had provided for his guests ; when one told him , He had not provided half enough , quoth he , If my guests be honest , here 's enough for them , for they 'l more accept of my good will , then of my food ; if they be dishonest , here 's too much , for they will never be contented with Reason . And I know as well , good men will pick out what 's good in my Book , and make much of that ; and only such as are evil pick out my failings to carp at . The World is come to such a pass in this our age , that if a man do foolishly , he 's laught at ; if wisely , he 's 〈◊〉 ; and that by such brutish creatures , that are so far from being rational , that they know not what Reason is . If God have bestowed a little more knowledg upon a few men , then he hath done upon the World in general , the Priests call him a Conjurer and a Witch , and the justice of the Peace , a Figure-flinger , Pray ye tell me , and tell me seriously , did not God make the Sun , the Moon , and the Stars ? Did not he set them to RULE the Day and the Night ? Did not he appoint them for SIGNS and SEASONS ? And can that be a Sign which signifies nothing ? A man of Davids spirit will meditate on ALL the Works of the Lord . I pray you , ( you that despise Astrology , ) wherefore ( do you think ) did God make the Stars ? For Sailors to sail by , you say : 〈◊〉 is very well ; and is that all ? Subtract the biggest of them , and let me see that Sailor that can sail by the smallest of them . The least of Gods Works are very considerable , and worthy of our chiefest regard . David infinitely admired at them , and declares the doom of , them that despise them , or disregard them either : Psal. 28. 5. Because they regard not the works of the Lord , nor the operation of his hands , the Lord will destroy them , and not build them up . But to leave such , whose manners shew them to be better fed then taught , and come to the Honest Reader , who desires to be taught . Thou findest many sad Predictions in this Book , which ( in all probability ) are very speedily like to be produced into act : Make use of thy time while thou hast it ; Make thy peace with God in the first place : Deny thy self of the World ; Do not trust in shadows : Labour to spend 〈◊〉 time well ; ( God made time ; ) Do not thou trifle it out in vanity : It is no Wisdom for any man to spoil that which he cannot make : God made nothing to throw away , but will have an account of thee bow thou hast spent thy time . If thou findest my Predictions prove true , know there is a God , and that God is just : Those that prove false will witness me to be but a man , I am no more , and am called Spittle-Fields , next door to the Red Lion , August 14 , 1651. Nich. Culpeper . Of Eclipses happening this Year . 1652. FOur Eclipses happen this Year , two of the Moon , and not one fewer of the Sun ; three of which , namely , two of the Moon , and one ( and that no smal one neither ) of the Sun , wil be visible to us if the Aire be clear ; however if we see them not we may happen to feel them ; of these only I shall treat and let the other pass as though I saw it not . The first Eclipse of the Moon happens upon a terrible windy time if not rainy , viz. upon Monday the 15 of March 37 minutes past 3 of the clock in the morning , at which time is the apparent opposition of the Luminaries , and the very middle of the Eclipse . And here I cannot chuse but take notice by the way of a vulgar speech frequently used by the common people of our times , whose manners shew them to be better fed then taught by far , viz. when the wind blows strongly they say men are a conjuring ; the speech if rightly considered by the Word of God is little better then Blasphemy ; the Scripture saith , the Lord bringeth the winds out of his treasuries , and they say Conjurers bring them , now which of these is the rather to be beleeved , let any moderate soul that hath but any care what shall become of him another day , judge . The second cause , or if you will the providencial cause of these winds at this time seems to me to be the Sextile of Jupiter and Mercury ( both of them being with fixed stars of a Mercurial nature ) at the very time when the Eclipse happens . But to return to the Eclipse , which though it be partile yet above eleven parts of 12 are darkned . The face of Heaven at the midst of it appearing in this form . D.H.M. March 14.15 . 37. P.M. 1652. ab ☍ ad □ Iupiter ⚹ , Iupiter , Mercury . Poli. 51. 34. I shall not be very large upon either of the Lunar Eclipses , because my own opinion is , that although their operation be great , yet will they at this time shew their operations more in preparation for action , then in action it self . All Authors agree , that many dangers ensue , and those no small ones neither , when 〈◊〉 Luminaries are eclipsed in one moneth , as now they are . The Planet here afflicted is the Moon , whose influence is most shewed upon the vulgar . The House of Heaven is the eight , which signifies Death , Sorrow , Sadness , which ( together with loss of inhoritance ) is like to be the effects of this Eclipse , and so much the rather , because Luna is Lady of the sixth . The sign afflicted is 〈◊〉 , Equinoctial and movable , the effects will succeed the sooner . The places subject to the influence of this Eclipse are , Austria , Alsatia , Lisbone in Portugal , Vienna , Frankford on the Main , England , France , Sweden , Poland , Denmark , Burgundia , Padua , Naples , &c. These , or so many of these as God pleaseth , are like to be afflicted by the effects of this Eclipse ; but what the Affliction may probably be , you shall hear more anon . The Rulers of this Eclipse are Venus and Saturn , Venus , because she is Lady of the place wherein the Eclipse falls , as also because she is the strongest Planet at the time , which ought to be heeded in all Astrological Iudgments : Saturn , because he is stationary at the Eclipse , and also angular , for it were a folly to account him in the sixth : As for Jupiter , who is Lord of the succeeding Angle , though I can give no great reason ( but only 〈◊〉 his ipse dixit , and such ware will scarce go for current in these searching times ) why he should have any dominion at all in the Eclipse ; but put case he have , he is in his fall , and in prison , and therefore able to execute but little . But old and cold Saturn stands stone-still , studying mischief in a quarrelling Angle , inventing which is his best way to mischieve such places as are under ♋ , such are Scotland , Holland , Zealand , Amsterdam , York , Algier , Tunis , &c. It is true , Saturn is so weak , that he is not able to fight , but yet he will give pernicious counsel : Saturn , as he is Lord of the Ascendant , threatens the Commonalty of this Nation ; let them look to it , lest Saturn and pitiful poor Mercury fill their brains full of as idle conceits , as the man had that conceited himself to be made of Butter . Jupiter Lord of the tenth House , in the twelth , and in his fall , bids Princes , Priests and Lawyers take heed of a downfall ; 'T is never good when the Lord of an Angle is cadent from the Angle : Sol and Mars in the second consume the estate of the vulgar ; and the truth is , 't is but an untoward Position , if you make the best of it . I shall tell you a little what Authors say ; Proclus saith , The Moon eclipsed in ♎ 〈◊〉 〈◊〉 , and loss at Sea , great Inandations or overflowings by Water : Let Holland and Zealand look to their Dams now , and shut the stable door before all their Dams be stolen ; It torments the common people with evil counsel , they will be subject to mutinies , and discontentedness , to sicknesses of tough and viscus Flegm , long continuing ; Fish will dye , the Ayr will be misty , and mens brains whimsical . I could say more if I durst ; however this Eclipse lays the foundation to the Catastrophe , of all the Princes of Europe , the House of 〈◊〉 excepted . I confels Authors give a large praise of the effects of an Eclipse when Venus is Lady of it , and what Golden Mountains of Happiness it will produce ; viz. That she gives glory , honour , and merry days to men , fruitful and fortunate years , fine gay clothes , good dyet , fortunate marriages , and many pretty well-favored children , encrease of riches , familiarity with Princes , fortune in trade , happy voyages by Sea , and almost as many good things as would fill up this little Book . But it is as yet far enough from my thoughts , that the 〈◊〉 of those Lights which the Eternal and only wise God hath made to RULE the Night and Day , should 〈◊〉 any good to mankind at all , unless it do good to one by mischiefing another , and so every man that is hanged brings gain to the Hangman : The truth is , it is a forerunner both of Famine and Pestilence ; men will be mad to undo themselves . And thus much for the first Eclipse . Only take notice , that whosoever had their Ascendant mid-heaven , Sol , Luna , or part of Fortune , in the first face of ♈ or ♎ , shall in one measure or another feel the effects of it . The second Eclipse of the Moon happens at this time , and under this Position of Heaven . D.H.M. Sept. 7.6 . 22. P.M. ab ☍ Sol vacuâ . Sol ad □ Jupiter . Poli. 51.34 . Look here ! Jupiter is Lord of the Eclipse in his fall , and in M. C. he is Lord of the nineth also : What ? will the Clergy begin to vapor , and stand upon their pantibles once more before their final end ? Can neither the Mercies nor Judgments of God move them to repentance ? ' 〈◊〉 a sad case . But what say Authors to it ? They say thus , That if the Light eclipsed be neer the Equator ( this is within less then five degrees ) it threatens such as make a Trade of Religion . Hark ye Priests , 〈◊〉 ye : I , but what Clergy men are here threatened ? There are some honest men of that Calling , ' 〈◊〉 a hard case else you will say : 'T were so ; therefore I will take the pains to give you such plain descriptions of them from Scriptures , that you may discern who they are , as plain as you can diseern the nose in a mans face . Zech. 11. 〈◊〉 . Wo to the Idol shepherd that leaveth the flock , the fivord spall be upon his arm , and upon 〈◊〉 right eye . Psal. 31. 18. Let the lying lips be put to silence , that speak proud things presumptuously against the righteous . Isai. 56. 10 , 11. Her Watchmen are blind , they are all ignorant , they are dumb Dogs that cannot bark , yea they are greedy Dogs , that can never have enough , they all look to their own way , every one for 〈◊〉 gain from his quarter . Jer. 5. 31. The Prophets prophecy falsly , and the Priests bear Rule by their means , and the people love to have it so , and what will the end be ? Ezek. 34 2. Wo be to the 〈◊〉 that feed themselves , should not the shepherds feed the flock ? Psal. 26. 10. In whose hands is mischief , and their right hand is full of bribes . Micah 3. 5. They bite with their teeth , and cry peace , but against him that puts not into their mouths they 〈◊〉 war . Micah 3. 7. The Priests teach for hire , and the Prophets divine for money , yet will they lean upon the Lord , and say , Is not the Lord amongst us ? Zeph. 3. 4. Her Prophets are light and treachereous persons . 2 Tim. 3. 5. Having a form of godliness , but deny the power of it . Hos. 6. 9. As troops of Robbers wait for a man , so the Priests murder in the way by consent , for they commit lewdness . Hos. 9. 7. The Prophet is a fool , and the spiritual man mad . Such as these are threatned by this Eclipse , and let them take notice what the Spirit of God saith , Mal. 2. 1 , 2. O Priests , this Commandment is for you , If you will not hear , if you will not lay it to heart , I will curse your blessings , yea I have cursed them already , because ye have not laid it to heart . And thus I leave you to the Justice of God , who will reward all according to their doings . Proclus saith , The Moon eclipsed in the watry Triplicity signifies death of common people , Wars , death of fishes , and water fowls , theeving both by Sea and Land . Me Bahalah saith , it brings much rain . The Countries and Cities subject to the influence of this Eclipse , are , Portugal , 〈◊〉 , Egypt , Alexandria , Worms , Ratisbone , Greece , Crect , Rhodes , part of France , Sylisia , Babylon , Corinth , Assyria , Jerusalem , Paris , Hydeleburg , Lyons , together with other places under the Signs ♍ and ♓ , as also all people in whose genesis the Ascend . M. C. Sol , Luna , or part of Fortune was in the last face of ♍ or ♓ . If many Planets in a House encrease the signification of a House , then may we expect sickness from this Eclipse , because so many Planets are in the sixth House . Thus I pass to the Eclipse of the Sun . Of the Eclipse of the Sun . BElla sonat , sonat arma , minas sonat , omnla Martis . All the Evils the Sword , Sedition , Famine , Pestilence can do to Europe , may be expected from the effects of this Eclipse . Oh that the Princes of Europe would once learn to be wise , that they would once learn to know from the Book of the Creatures what the Will of their God is , before their Houses be left them desolate , before their destruction comes as an armed man . The time of the Eclipse and Position of Heaven at the time at London is this . D.H.M. March 29.10 . 1. A.M. a Sol ad □ Saturn Behold the Prince of Planets the Sun cclipsed just upon his Throne , upon the 29 of March this present year 1652. 〈◊〉 terrifie your eyes , for if the day be clear you may see the Stars ; the body of the Sun will appear of a ruddyish gray colour , very formidable to the ignorant multitude , and God knows what other strange and supernatural sights may be seen at or neer that time , some I am of opinion will , and God shews none in vain . It is a remarkable thing , the two superier Bodies , Saturn and Jupiter , who always use to make three Conjunctions in one and the same Triplicity , should the last time anticipate , and make the third in the watry Triplicity , ( having made but two in the 〈◊〉 ) their last being in the weakest and meanest sign of the Zodiack . This I can neither read , nor beleeve they did since the Creation of the World until these our days ; for we are brought forth to live in those days , in which the Kingdoms of the World shall become the Kingdoms of our God , and of our Lord Christ , blessed be his holy Name for it . How ever by this Conjunction of Saturn and Jupiter , God manifesteth by the Book of the Creatures , as well as by the Book of the Scripture , that be will pull down the lofty , and exalt the humble and meek ; and this you may read in them , and the time when , without a pair of Spectacles , if you are but of the number of the men of Issachar , 1 Chron. 12. ( or of their Spirit to anoint your spiritual David King , ) who had skill in the times to teach Israel what they ought do , which could not be intended concerning the Law of God , because that belonged to Levi , and in no wise to Issachar . I tell you , and I tell you but the truth , the year 1655. shall not pass over your heads , but you shall acknowledg one knowing man of 〈◊〉 to be of more worth then all Sion Colledg , and King Harry the seventh Chappel to boot . Yea so indulgent is the great God of Heaven and Earth both over proud insulting domineering Priests , and over poor silly men and women whom they lead in ignorance , that he will give them more significations then one or two by the Book of the Creatures , even those great Eclipses of the Sun , this I now handle ; and that other , anno 1654. upon the second of August ; then which to our eyes , nor the eyes of our fathers grandfathers great-grandfathers never saw greater , nor more terrible . Johannes Henricus Alstedius in his Book entiruled Speculum Mundi , taking occasion to speak of the last Conjunction of Saturn and Jupiter , saith , It would bring a new Government into the World different from Kingly Government ; and indeed many years ago I fixing my mind upon that his speech , set my self to study what reason might be given from the Book of the Creatures for it : And although 't is probable , that if I had minded other things at that time , when I was minding what should become of the Princes of Europe , it might have been better for me in matters of this World then now it is ; yet it repents me not , having now an occasion to declare that to the world which by study I found out then ; And that this may be done methodically , be pleased to take notice . 1. The part of Heaven afflicted by this dismal Eclipse , is the tenth House , which signifies Kings , Princes , all Governors , even from the Emperor to the Constable , Generals of Armies , &c. 2. The Planet afflicted is Sol , whose signification is the very same with the House . 3. The Sign is ♈ , a Regal or Kingly Sign , nay the chief Sign of the Zodiack . 4. The Sun is afflicted upon the very degree of his Exaltation , and Mars is Lord of the place , as though the Lord had given up the Princes of Europe to the Sword : Beleeve me , nay beleeve that Book of God which only and alone he brought to convince Job , Job 38. Before the effects of this Eclipse be over , the World shall see Princes are but men . All this is too General , to come a little to particulars . That we may know what Kings and Governors are threatened by this Eclipse , which will be so formidable to Europe , and indeed it ayms at no small Fools ; It is requisite we consider what Kingdoms and Nations are under ♈ . under which Sign are most of the Princes of Europe ; and if you add , as some do , such as are under ♎ , ♋ and ♑ , and as ( ptolomy would have it ) such as under the fiery Triplicity , either few or no Princes in Europe shall scape the fury of Gods Vengeance 〈◊〉 by this Eclipse ; let them but look upon it , and they shall lee God gives them fair warning of it . I confess I do not intend to hang my Judgment upon any of those tacks , but considering , 1. The House is Regal . 2. The Sign Regal . 3. The Planet Regal , and eclipsed upon the very degree of his Exaltation . Thence I gather , That all the Princes of Europe are threatened by it , yea all those of the World where it is visible and angular , together with HOGHENS MOGHENS , ILLUSTRISIMO's , and TITTILLADO's : I cannot 〈◊〉 a quittus est to our present States , I wish I could ; I cannot flatter , neither dare I write what I think ; all I desire is , to lead a peaceable and quiet life under them ; yet this I say , and this I desire of them , That they would be of the number of the meek of the earth , and seek the Lord , seek Righteousness and Judgment , and IT MAY BE they may be hid in the day of the Lords wrath , for his Iudgment is appearing upon the earth , and who shall stand ? They that fear God , need fear nothing else . I will tell our States what true Religion is , nay one of the Apostles did it before me , I desire but to rub up their memories ; Jam. 1. 27. Pure Religion and undefiled before God and the Father , is , to visit the fatherless and widows in their affliction , and to KEEP THEMSELVES UNSPOTTED FROM THE WORLD ; and if they do so , Peace shall be to them , as well as to the Israel of God . I am of belief , that Gods special providence will not in this in the least contradict his general . Gods general providence I ( as yet ) conceive to be that whereby communicating himself to his creatures , he upholds one part of the Creation by another : His special providence I take to be that by which he keeps those in a way of close walking with himself , whom he hath united to himself by the person of Jesus Christ . I told you this Eclipse foretold to the World the Sword , Sedition , Famine and Pestilence ; look you if the Book of the Scripture agree not with the Book of the Creatures : 〈◊〉 24 6 7. Ye shall hear of wars , and Rumors of wars , &c. For Nation shall rise up against Nation , and Kingdom against Kingdom , and there shall be famines , and pestilences , and earthquakes in divers places . I never read yet that God would take away this for the Elects sake ; indeed I have read that he will shorten the days for the Elects sake ; for Saints must not think to live in an evil World , and not be partakers of the punishments of the World , Mat. 24. 21 , 22. In those days shall be great tribulation , such as never was from the beginning of the world until this time , nor never shall be , and except those days should be shortened no flesh should be saved , but for the Elects sake they shall be shortened . But to come a little closer home to the business in hand ; I shall first give you the Opinion of Authors concerning the Eclipse ; Secondly , my own . proclus . Sol 〈◊〉 in the second face of ♈ threatens Sedition amongst Kingdoms and People , a hot dry and pestilential Ayr , Sadness , Imprisonment , and danger of death to Kings , Rulers and Governors , it 〈◊〉 and spoils the fruits of the Earth : Thus he . And the Judgment of Messahalah is layd down almost in the very same words ; If the Sun be eclipsed in fiery Signs , it signifies the death of Kings , Princes , and Potentates ; as also of great men , dryness and barrenness of the earth . The matter is so apparent , we need quote no other Authors . The Lord of the Eclipse is Mars , who , according to Origanus , threatens that the fruits of the Earth shall be consumed by fire , heat , and dryness of Ayr , extorted by violence , or consumed by Soldiery ; he threatens sickness of heat and dryness , War and Bloodshed , Rapine and Extortion ; he sets Europe together by the ears , one Nation against another , divides Kingdoms against themselves ; He raiseth Sedition and Tumults , Kings are mad , and Subjects stubborn , violent diseases of Choler , young men perish by the Sword and by the Pestilence , Cities are consumed by fire , and ruined , Countries are spoyled by Injuries , Murther , Rapine and Theeving , the Ayr is hot , pestilential and mortal . I shall desire the favour to add a word or two of my own , rationally deduced from the Scheam . The Planets afflicting are , 1. Luna , because she darkens Sol. 2. Mars , because Lord of the place eclipsed . 3. Saturn , because in the Ascendant , and in to the Luminaries . The Moon Lady of the Ascendant , darkening Sol in the Tenth , and in his Exaltation , shews that the glory of Kings shall be darkened by their Subjects , or else by men of low degree and small account in this World . Saturn is Lord of the Eight in the Ascendant , and this threatens a Pestilence , which I fear not only England , but almost all Europe will feel . And when honest Jupiter should help , he hides his head , as though he were ashamed of such actions ; Nam mitu in 〈◊〉 Jupiter occasu premitur . As for the Clergy , as they stand at state present , they must down ; for as the Book of the Creatures shews it here by the Eclipse , so the Book of the Scripture also witnesseth ; Joel 2. Acts 2. that when God shews wonders in the Heavens above , and signs in the earth beneath , when he turns the Sun into darkness , and the Moon into blood ; then the great and notable day of the Lord is coming , then will God pour out of his own Spirit upon all 〈◊〉 your sons and your daughters shall prophecy , your young men shall see visions , &c. Indeed you shall be all taught of God , and by the power of his Spirit . As for such Blasphemous Creatures ( for men I cannot call them , ) that say they are Christ , and God , and such as say Iesus Christ is again conceived , and they have seen the Wench that hath him in her womb , when Christ shall come in the evidence and demonstration of his Spirit , God knows , and I tremble to think , what shall become of such Impostors . The Law shall quite and clean be changed ; when the PRINCE OF PEACE , the great LAWGIVER , shall come in the Power of his Spirit , and dwell in our hearts , there shall be no more wranglings , no more going to Law ; The holy Ghost the Comforter shall lead us into all truth ; And whence come wars and dissentions amongst us ? Come they not from our lusts , because we are carnal ? Fy upon me ! I had almost forgot his HOLINESS the POPE ; For though his Holiness his House is cadent , i. e. falling , yet no signification of his fall can I draw from this Ecliple ; it hastens , and you may see the time when , by that Eclipse 1654. I shall onely give him a touch of it in some of my Monthly Observations . Because I cannot perceive this Eclipse to touch much at the fall of Rome , or her absolute Catastrophe , therefore I cannot conceive the second Coming of Christ ( not to Judgement , but to raign by his Spirit in the hearts of his Saints ) to be during the effects of this Eclipse ; this doth but make way for it . If you would build a House in a wood , you must first cut down the tall trees , and the lower shrubs and bushes ; this will be done under the effects of this Eclipse ; but Antichrist shall be destroyed by the brightness of Christs coming : Neither shall you see the effects of that Eclipse 1654 , passed , before it be accomplished . During the effects of this Eclipse you shall see the Heathen rage , and the people imagine a 〈◊〉 thing : The Kings of the earth shall set themselves together , and the Rulers take counsel against the Lord , and against his anointed , &c. Yea , christ shall break them with a rod of iron , and 〈◊〉 them in pieces like a potters vessel . During the effects of that 1654 , Christ shall be set upon his holy hill of Sion . As for the time when you may expect the Effects of this Eclipse to operate , I desire the liberty to leave my Authors , and write my own thoughts in it ; You shall see the beginings of the Effects and preparations for the rest , ( for as such great things as they cannot be done in a corner , so can they as little be done on a sudden ; ) the beginnings , I say , you shall see in July 1652 , at which time Mars cuts the Ascendant of the Eclipse , and the place of Saturn in it . 1653 , 1654 , and part of 1655 , shall finish the Effects of it . Lastly , I desire you to take notice , that I pretend no divine inspiration , nor revelation from Angels for what I write , nor any thing else besides what God teacheth me from the book of the Scripture and the book of the Creatures conjoyned together ; The one teacheth me what shall be , the other in some measure tells me the time when it shall be . And I ingenuously protest I had never loved Astrology so well as now I do , if I had not , upon due search , found the Predictions by the book of the Creatures to jump so exactly with those of the Scripture . I shall now give a few Exhortations , and so conclude . First , to Princes ; The Lord saith to you , Psal. 2. 10 , 11 , 12. Be wise now therefore , O ye Kings ; be instructed ye Judges of the earth ; serve the Lord with fear , and rejoyce with trembling : Kiss the Son ( that is , be subject to the Kingdom of Jesus Christ ) lest he be angry , and perish from the way , &c. The book of the Creatures tells you the same truth . For , The Sun 's eclips'd in 's Throne , and cries aloud , O Kings , why , being mortal , are ye proud ! Your 〈◊〉 gone ; Democracy takes place : Your Hoasts shall fall by sword before your face . 'T is not your Kingdoms , nor your high-born blood Can stave Gods vengeance off ; Learn to be good , Learnto deny your selves , takeup Christs Cross ; So never need you fear your Kingdoms loss . But why do I 〈◊〉 precious time in exhorting you , seeing the Scriptures tell me , Jer. 51 , 57. I will make drunk her Princes and her wise men , her Captains , and her Rulers , and 〈◊〉 mighty men , and they shall sleep a perpetual sleep , and not awake : And this ( nor I , but ) the King whose name is the LORD OF HOASTS hath said . Isai. 5. 12 , 13 , 14 , They regard not THE WORK OF THE LORD , 〈◊〉 CONSIDER THE OPERATION OF HIS HANDS ; therefore my people are gone into captivity , BECAUSE THEY HAVE NO KNOWLEDG ; their honorable men are famished : Therefore the grave hath opened her mouth without measure , and their glory and their multitude is descended into it . To the Saints thus I say , and not I , but the Lord ; Rev 3. 10. Keep close to the word of GODS PATIENCE , and he will keep you in the hour of temptation , which shall come to try all those that dwell upon earth : which time I assure you is coming ; nay , it is neer at hand . To England I say , You are that People whom God will make use of as Instruments to act for him many of those great things here declared . I see thy Salvation coming , O Jacob ; I see it coming from the ISLANDS OF THE NORTH . Do not seek the World , do not seek your selves ; Jer. 45. 4 , 5. JEHOVAH hath said thus , What I have planted am I plucking up , and what I have built am I plucking down ; and 〈◊〉 thou great things to thy self ? seek them not . To the poor dejected Jew , ( who though our Ministers dayly pray for , yet they hate them so , they will not , if they can help it , let one tread upon English ground ; ) O Jew , thou art beloved of God for thy Fathers sake : Remember what one of thy own Rabbies prophecied should come to pass , Anno 1654. Zech. 12. 10 The Lord will pour out upon the house of Judah , and the inhabitants of Jerusalem , his spirit of grace and of supplication , and they shal look up upon him whom they have pierced , and shall mourn as one mourneth for his onely son , &c. Salvation is of the Jews ; and God will speedily make you the glory of all the World . Thus much for Eclipses . Of the Quarters of the Year . Of the Spring . Sol enters ♈ D.H.M. March 8.8 . 58. p.m. a △ Sol vacuâ . □ Saturn and Mars . Poli. 51. 34. IF they that have nothing else to do will be but pleased to sum up the dignities of the Planets , they will find Mars Lord of the year , as well as of the Ascendant , who although he be courting Venus in the sixth House , all that have read Histories , know Julius Cesar could fight 〈◊〉 days , as wel as wench a nights . Misty beetle browd 〈◊〉 so darkens the eyes of the Clergy from the nineth House , beholding Mars with a hateful , and that from Cardinal Signs , that the sharpness of a Souldiers sword is like to be more prevalent this year , then the sharpness of the Clergies wit . I shall speak of all the Planets apart ; and first deliver the Opinion of Authors ; secondly , my own : And I 'le begin first with Mars , for he is an angry waspish Creature . Guido 〈◊〉 saith , That when Mars is Lord of the Year , and is in ♈ , it signifies hot winds , a various change of Ayr , especially in the Eastern parts of the World ; The year will be dry , and people troubled with 〈◊〉 eyes , and 't is well if they 〈◊〉 so too ; He signifies War to those people under that Sign he is in . Look 〈◊〉 France ; and I pray God England scape . He stirs up Insurrections and Tumults , Pestilences and Earthquakes ; He will shew Kings what he is able to do . If his Latitude be Meridional ( as now it is , ) it is like to be a terrible year for Thunder and Lightening ; the truth is , this year will amaze all the World . As for Saturn , ( though he be not Lord of the year , yet because he casts a to Mars , ) we must have a few words with him too ; He predicteth nothing in the World but Death and Mortality . We 'l now leave Guido Bonatus , and come to Noel 〈◊〉 . Mars Lord of the year , and in a fiery Sign , causeth a most terrible hot and dry year , Hot and Pestilential Winds , Burnings , Lightening , Tempest , Hail ; He destroys ships by Sea by violent Winds and Storms of Thunder ; Cattel dye for want of water , especially sheep ( he being in ♈ , ) Tertian Agues , Pestilences , and other acute diseases , together with sudden deaths ( none knows why ) are as familiar amongst men , as Atomes in the Sun . We must not always dwell with Durret neither , but see a little what Haly saith also , and they all make but unpleasing Musick , because they all harp on the same string . For if Mars be in the sixth House , and in a dry Sign , as here he is , beware Health ; the bodies of men will be troubled with hot and dry infirmities , Fevers , and the like . But enough of this , too much , unless 〈◊〉 better . Now give me leave to pass my own Iudgment , ballanced by the prudent advise of my Brother Doctor Reason . Mars is Lord of the Ascendant , that 's true ; and that Saturn is Lord of the Fourth , is as true as that : Saturn is in the Nineth , and Mars in the Sixth ; as though Presbytery , which hath been so long in a Consumption , should now breathe its last . The of Saturn and Mars corrupts the Ayr , and makes it Pestilential ; such an Epidemical Disease will arise amongst the Clergy and Lawyers , that this Nation will stink of them as bad as Aegypt did of the Frogs . The Dragons Tayl is in the Twelfth ; Venus is Lady of the Twelfth , and in Conjunction with Mars in the Sixth , Women will be so much given to fall backwards , and men so given to Lechery , that they shall pay for their pleasure with the Pox to them . A viperous Sign ascending , and Mars Lord of it in his own House , and in the Sixth , and in Conjunction with the Lady of the Eight , makes the Vulgar hasten their ends by ill dyet and lewd courses : Quos perdere vult Jupiter dementes facit . I think I have said enough of this Quarter ; I am sure I shall have done , after I have taken a little notice , that Mars in the Eclipse of Sol is upon the Cusp of the seventh House in this Quarter , and Venus upon the Cusp of the Eight . Have a care young men , lest you pay for your pleasure ; sweet meat hath sometimes sowre sawce . Of the Summer Quarter . Sol enters ♋ D.H.M. June 10. 11. 32. p.m. â vacnâ ad ☍ Mars and Mercury , ☌ Mars and Mercury . I 'Le lay my Authors aside for want of Paper , or Time , or something else , best known to my self ; and only give my own Iudgment rationally from the Scheam . As the fourth House in the Spring Quarter was the eight House in the Eclipse of Sol ; so the Sign ascending at Sol's ingress into ♈ is upon the eight House in this 〈◊〉 stival Quarter . If you please to look upon ☽ , and do not find her upon the Cusp of the tenth House , I am beside the Cushion . The Governor of Souldiers Mars is angular in , the Fourth ; He was in the Sixth in the Spring : What , must the sickness end in the Grave ? Besides this , He hath gotten Mercury a subtil Knave with him , and is in ♊ , as potent as subtil . Poor Jupiter is in his fall , and he gives ☽ entertainment , such as he can afford her . The ☽ runs to the 〈◊〉 of Mercury and Mars , both which are with the 〈◊〉 of Jupiter , Mercury what with his wit , and Mars what with his sword , is like to undo the poor Clergy man ; who can help it ? The times are coming , when none can be wise but such as are honest . If I can read the truth in the Book of the Creatures , London shall find before this Quarter is past , that the Souldiery shall out-wit her Grandees , and some of them are like to smart for it . Do not wonder if you see a change of City Government here , but say I told you of it . Hatred to Flattery , and danger that may ensue the speaking of the truth , stops my Pen ; and so I leave this Summer Quarter . The Autumnal Quarter . Sol enters ♎ D.H.M. Septemb. 12. 2. 39. p.m. a △ Sol ad ⚹ Saturn . □ Sol , Jupiter . IF you do but cast your eyes upon the Figure , you shall spy Jupiter just upon the Cusp of the Ascendant , as though he would do much good to the Commonalty this Quarter ; But other Planets do not consent , and therefore all parties are not agreed . And if you will beleeve Haly the son of Abenragel , he saith , If Jupiter be in the Ascendant , and weak , as here he is ( being in his fall , ) Sol aftronts him with , which clips his wings , and makes both Jupiter and jovial men , as Priests , Lawyers , &c. look but frigidly upon the business ; I say , if you will beleeve Haly the son of Abenragel , it signifies diminution of substance . What , must Priests lose their Tythes ? Nay then take away their lives and all . Men shall mind themselves , and no good but their own ; and so they have done a great while ; a man would have thought there could scarce have been another degree of Comparison , But God certifies men and women by the Book of the Scripture , as well as by the Book of the Creature , That a little before the end Iniquity shall abound , and the love of many shall wax cold . But to leave Haly ; and come to the Scheam it self . As the Ascendant in the Spring was the eight House in the Summer Quarter , as who should say , We are like to have a sickly Summer ; so it happens to be the tenth House in this Quarter . What! would the Commonalty turn Magistrates ? fortasse aliquod 〈◊〉 . Remember the old Proverb ( Brother Commoner ) Set a Begger on horseback , and he 'l ride to the Devil . Wait Gods time , and he will give you your desires , but he 'l rectifie them first : The time is at hand , but it is not yet ; Amend your lives and Conversations : He that cannot order himself , cannot order a State ; and you , as you stand in Statu quo , are as fit to govern , as a Sow is to Fiddle , and would make as good Harmony in a Commonwealth , as the crying of a Hog would amongst a Consort of Musicians . Patience is a good Herb , but I doubt it grows but in few of your Gardens about this time : Regard what I may say , or you may hap to suffer for it . Search all Histories from the Creation of Adam to this present day , and see if you do not find that Rashness always drew Destruction after it , as a Needle draws the Thred : Dissention breeds desolation , but I 'le tell you a Cure ; Harken what God will say , and he will speak 〈◊〉 to his people , that they may not return AGAIN to folly . I am necessitated to be brief ; six sheets is too little for me now , though one will suffice me when I am dead . Mercury is pretty strong in the ninth House , and is in to Mars , and Mars is Lord of the year . O Heavens ! What have men no more wit yet , then to run after a company of prating Priests and Lawyers ? this is so good and so good ; if you have not enough of them , you shall have enough of them before you dye ; Neither shall you sleep 500 nights more before you know it ; count off the time from Septemb. 12. this year . If many Planets in a House increase the signification of the House , then is this like to be a Mortal Quarter , so many Planets being in the eighth House : And seeing it is like to be no better , so I leave it . The Winter Quarter begins under this face of Heaven . Sol enters ♑ D. H.M Decemb. 10. 14. 2. p.m. a △ Sol ad △ Mercury . Poli. 51. 34. IN passing Judgment upon this Quarter , I will steer a different course from all the rest ; and why do you think I do so ? To tell you the truth , even in Astrology , as well as in other Arts , there is more ways to the Wood then one . Mars Lord of the seventh in the Ascendant , and there very unfortunate , though with Spica virginis , ( besides , I am mistaken if he be not Lord of the sixth too , ) makes the Commonalty beleeve Wonders , sets them a brawling and wrangling ; Discords , quarreling and fighting is like to be the middle of such corrupt Principles , 〈◊〉 and loss the latter end . Brother Commoner , tell me this , and tell me but the truth , Was Christ the Prince of Peace , or was he the son of Bellona ? A word is enough 〈◊〉 a wise man . I will now leave Mars , and come to Saturn , which is a chip of the same block , though not made into the same form . He signifies a cold Winter , very full of Snow ; He mischieves all the Earth universally , and the fruits thereof . Kings cannot agree with their Subjects , whatsoever the matter is , but lay unjust Taxes and Tributes upon them : I think in my very Conscience they are mad to be undone ; If they be , who can help it ? I have very little hopes they will regard my words , though I tell them the truth ; Nam gins bumana ruit in vetitum nefar . Venus Lady of the Ascendant is in the second , though weak enough God knows : 'T is no wonder to me that people should be buying and selling , marrying and giving in marriage , when destruction is coming ; the old World minded nothing else above a hundred years before the Flood came . The people at Constantinople were so extreamly covetous , so mindful of private , so unmindful of publique good , that they like Apes were imitating their Masters in their shops , even three days after the Turks were within the walls , and that was the reason that the streets ran down with the blood of them , their wives and children . Get as much worldly goods as you can , I can tell you how much you shall keep , viz. Land enough ( fee simple ) to lie upon , and no more . The times are coming when that Prophecy shall be fulfilled in Mal. 3. 18. Ye shall discern between the righteous and the 〈◊〉 , between him that serveth God , and him that serveth him not . There is a company of Ranters that deny the Scripture to be a Rule of Direction for our lives ; but they must have more Liberty ( forsooth ) then the Scripture will give them . Well then , if you will not beleeve the Scripture , will you beleeve Diogenes ? Quoth he , when he was asked what was the best thing belonging to a mans life , LIBERTY ; But that man cannot be at Liberty that is a slave to his vices , neither he that wants many things : ( If I had been minded to tell you that I had been an Academick , I would have told you Liberty consists in things HOMOGENEAL , and not in things HETEROGENEAL ) Now then , a man that is covetous , or ambitious , or follows his pleasures , needs many things ; Ergo far enough from Liberty : Thus Disgenes . Ranter , Ranter , Mutato nomine de te fabula narratur . And thus I pass to Monethly Observations . The true length of the Tropical Year . D. H. M. S. 365. 5. 48. 54.     D. M. S.   The Apogaeum of ♄ 27. 37. 25. ♐ Anno. 1652. ♃ 8. 28. 55. ♎ Anno. 1652. ♂ 29. 57. 54. ♌ Anno. 1652. ☉ 6. 36. 24. ♋ Anno. 1652. ♀ 0. 47. 23. ♋ Anno. 1652. ☿ 2. 13. 12. ♐ Anno. 1652. The Ingress of the Sun into the four Cardinal Points .     D. H. M.   ♈ March . 9. 8. 58. p. m. ♋ June . 10. 11. 32. p. m. ♎ Septemb. 12. 2. 39. p. m. ♑ 〈◊〉 . 10. 14. 2. p. m. 1652 January hath xxxi . days . Moneth days . Week days . Moons Latitude . The fornter year's no sooner wheel'd about , Working divisions in the Rabble rout , But Sol ( old Saturns malice to asswage ) Will bring the Magistrace upon the Stage To act his part . Misty unwholesom weather Begins the year , with Frost & Snow together . M. A. 1 g 4 56 circumcision . 2 a 4 33   3 b 3 51   4 C 2 53   5 d 1 46 Twelfth day . Cold misty freezing weather . 6 e 0 34   7 f 0 39 First quarter ; 4 minutes before 9 at night . 8 g 1 46   9 a 2 48   10 C 3 39   11 b 4 20   12 d 4 46   13 e 4 59   14 f 4 57   15 g 4 44 Full Moon , 8 minutes before 4 in the afternoon . 16 a 4 17   17 b 3 39   18 C 2 53   19 d 1 58   20 e 0 58   21 f 0 4   22 g 1 7   23 a 2 9 Term begins . Last quarter , 20 minutes past 7 at night . 24 b 3 5   25 C 3 55   26 d 4 33   27 e 4 54   28 f 4 59   29 g 4 44   30 a 4 11 New Moon , 17 minutes past 3 in the afternoon . 31 b 3 14   Observations on JANUARY . 'T Is a cold Moneth , and much business must not be expected to be done sitting by the fire . There are very few mutual Aspects of the Planets one with another during this Moneth . A Phrensie possesses the heads of the vulgar , to begin the New year with lyes and wranglings : Women will scold with their husbands ; a jealous Devil possesses their brains , and the Quintescence of Non-sence . Some men get their livings by inventing and printing of Lyes : Honest men are abused by Printers or Book-sellers , and that 's no news , for I have been served so my self : I only quote it for this intent , That the Vulgar may not take it for Authentick which is cryed about the streets at the beginning of this Moneth . Misty dark cold freezing weather begins the Moneth ; and if the Animal spirit be formed by the Rete mirabile , of Vital spirit and Ayr , unpleasing Actions are like to follow so unpleasing an Ayr . I 'le tell you what Haly saith upon an Opposition of Sol and Saturn ; Significat quod Reges adversarios habebunt homines de populo , Religiosos & fratres , & eos qui legem predicant : In plain English thus , Kings or Magistrates shall be opposed by the people , and so shall Clergy men and Lawyers . Sensibus haec imis ( res non est parva ) repone . If you see wise men blow the fire about this time , 't will burn at last , although the wood be wet . The truth is , the Year is like to end better then it began : People hope for better times , and so do I. 1652. February hath xxix . days . Moneth days . Week days . Moons Latitude , Now angry Mars with Saturn doth combine , And court each other with a friendly Trine . Lose this time Scot , and thy afflicted State Shall cry peccavi when it is too late . But ere th'Moneth end , Mars doth with Venus meet , And bids young maids beware the under-sheet . M. A 1 C 2 7   2 d 0 53 Candlemas . 3 e 0 22   4 f 1 35   5 g 2 39   6 a 3 33 First quarter , 28 min. after 9 in the morning . 7 b 4 15   8 C 4 45   9 d 4 58   10 c 4 59   11 f 4 46   12 g 4 21 Term ends . 13 a 3 45   14 b 2 59 Full Moon , 19 min. past 10 in the morning . 15 C 2 6   16 d 1 6   17 c 0 4   18 f 0 59   19 g 〈◊〉 1   20 a z 57   21 b 3 47   22 C 4 26 Last quarter , 20 min. after 9 in the morning . 23 d 4 51   24 c 5 0   25 f 4 51 Matthias . 26 g 4 22   27 a 3 35   28 b 2 33 New Moon , half an hour after 12 at night . 29 C 1 20 Shrove-sunday . Observations on FEBRUARY . MUch Kings Lands are like to be in question between the beginning and the middle of this Moneth , or else upon sale . A few ragged Scots desire an accommodation with this State ; let them first learn to be honest ; 't is possible they may have it about this time . Scotland , Scotland , though I love thee but a little , yet I love thee better then thou dost thy self : Mice and Rats have possessed thy decayed buildings , and have been no plague at all for want of men to be a plague unto . If thou wilt but at this time consider the things that belong to thy peace , thy poor remnant may be saved : Remember the words of Solomon , Wo be to that Nation whose King is a Child . Women are subject to hard labors in Child-birth this Moneth ; let them peruse my Book entituled , A Directory for Midwives , or A Guide for Women . The Moneth ends as full of Whoredoms , as an Egg is full of Meat : He does not know himself , that knows not his wife from another woman . And if the German Emperor chance to change this life for another about the latter end of this Moneth , remember I told you of it . 1652. March hath xxxi . days . Moneth days . Week days . Moons Latitude . The Sun 's eclips'd in 's throne , the Ld defend us From those sad mischiefs this Eclipse portends us ; For suddenly doth Sol with Saturn square , Wishing both Kings and people to beware : Kings had as good be warn'd , for down they must The dealings of the Lord are always just . M. A. 1 d 0 2   2 e 1 13 Shrove Tursday . 3 f 2 23   4 g 3 22   5 a 4 8   6 b 4 39 First quarter , 4 minutes after 11 at night . 7 C 4 56   8 d 5 0   9 e 4 48   10 f 4 25   11 g 3 51 Beware Scotland , thy Counsels shall come to no effect . 12 a 3 6 Look to 't Holland , or else all the fat 's i' th fire . 13 b 2 9   14 C 1 15 Full Moon Eclipsed , 3 hours after midnight , Windy . 15 d 0 13   16 e 0 51   17 f 1 53   18 g 2 51   19 a 3 41   20 b 4 21   21 C 4 48   22 d 5 0 Last quarter , 6 minutes after 7 at night . 23 e 4 54   24 f 4 31   25 g 3 51 Lady day . 26 a 2 54   27 b 1 45   28 C 0 29   29 d 0 48 New Moon , about 3 of the clock in the morn . 30 e 2 1   31 f 3 5   Observations on MARCH . IN this Moneth Astrologers begin their Year : They hold the World was created at that time when Sol entred ♈ , and my self could almost afford to be of that opinion ; If the Year do begin then , it begins but scurvily , and what will the end be ? Kings look but poorly upon the business ; This Year will not please them , and it will do them less good to be angry ; for , Impedit ira animum ne possit cernere verum . Kings and Magistrates theeve by Authority , as thinking themselves above the Law ; The common people theeve , and make a Law of the Sword . Expect Thunder and Lightening about the 12 day of this Month in the morning . The Month ends with Execution of Justice upon Malefactors , and they no small fools neither . Remember what Daniel told Belshazzar , Dan. 5. Holland , look to thy self ; if the beginning of January , and the latter end of March , be not fatal times to thee , I cannot read true English from the Book of the 〈◊〉 . The Sword of the angry Angel is drawn against thee , and it is not yet put up into its Scabbard : When thou wast few in number , and little in the Land , thou wast humble , and thy God lookt upon thee , and taught thee , ( for he always teaches the humble ; ) then thou grewest proud , and hast forgotten thy God , and mindest thy self ; thy God knows how to bring thee poor again : Thou wast a good Servant , but prov'st an ill Master ; 't is only affliction must do thee good , and thou shalt have it ; I tell thee of it before it is quite come upon thee : Remember thy Creator , before the evil days come : Because there is some good things in thee , thy House shall not absolutely be left thee desolate . Dan 4. 26 Thy Kingdom shall be sure to thee , after thou shalt have known that the Heavens do rule : Wherefore let my Counsel be acceptable to you , &c. And thus , though I forgot you in Ianuary , yet I remembred you in March : What remains , but that you remember your selves , and look to the 〈◊〉 from whence you are hewn . 1652. April hath xxx . days . Moneth days . Week days . Moons Latitude Just at beginning , Saturns lowring eye Molests the Earth with a disquiet sky ? Besides all this , you shall be sure to find The ayr distemper'd with impetuous wind . Mens brains are addle ; 〈◊〉 their dispositions To vex our State with violent Petitions . S. A. 1 g 3 56 Cold and windy weather begins the Moneth . 2 a 4 33   3 b 4 54   4 C 5 0   5 d 4 51 First quarter , at a quarter of an hour past 4 in the afternoon . 6 e 4 30 What Cony catehers are here 〈◊〉 ? 7 f 3 51   8 g 3 15   9 a 2 23   10 b 1 25   11 C 0 24 Palm Sunday . 12 d 0 40   13 e 1 43 Full Moon , 17 minutes after 7 at night . 14 f 2 42   15 g 3 35   16 a 4 17   17 b 4 45   18 C 4 59 Easter , day . 19 d 4 55   20 e 4 35   21 f 3 58 Last quarter , at one of the clock in the morn . 22 g 3 4 Clear weather , but windy . 23 a 2 3 Perilous Counsels are abroad , God knows what the end will be . 24 b 0 50   25 C 0 25 Mark Evangelist . 26 d 1 39   27 e 2 46 New Moon , half an hour past 7 at night . 28 f 3 41   29 g 4 24   30 a 4 50   Observations on APRIL . IF I had not known that the Devil had been a Lyar from the beginning , and also ruled in the children of disobedience , I should have admired that so many lying Pamphlets should have flown about the streets , like Butterflies in the Sun , this Spring Quarter : But I know it ; and Admiration is the daughter of Ignorance . What , does the Lawyers go about to contend with the State ? or be they Judges ? or what be they ? Perhaps 't is Term time . Lawyers , a word or two with you ; Have you taken a Lease of your places ? Have you built you a Fools Paradise in the Ayr ? Do , do , and walk up and down in 't when you have done ; I shrewdly suspect you will act something this Moneth , which will occasion your final ruine : 'T is the absolute property of a Fool to go about to out-wit a wiser man then himself : Learn to be wise , and know this , that two years shall not pass over your heads before the time comes , that a 〈◊〉 de non molestando shall not be procured for you for love nor money : Because a Fieri facias could not make you honest men , a Scire facias shall make you know that you are but men . The latter end of the Term will prove more fortunate to my Brother Commoner , then the beginning . 1652 May hath xxxi . days . Moneth days . Week days . Moons Latitude . This Moneth was ( as our ancient fathers say ) Called of old , The merry Moneth of May : Muse not if it prove otherwise ; 't is found Of late , the World is turning upside down . O London , London , Sol is joyn'd with Mars , And in thy Sign ; Beware of Civil Jars . S. D. 1 b 5 0 Philip and Jacob . 2 C 4 54   3 d 4 36   4 e 4 5   5 f 3 23 Term begins . First quarter , 45 minutes after 9 morning . 6 g 2 34   7 a 1 38   8 b 0 38   9 C 0 26   10 d 1 29   11 e 2 30 It ne'r goes well when friends fall out . 12 f 3 24   13 g 4 10 Full Moon , near 8 of the clock in the morn . 14 〈◊〉 4 41 Harm watch , harm catch . 15 b 4 58   16 C 4 58   17 d 4 39   18 e 4 3   19 f 3 14   20 g 2 12 Last quarter , 19 min. after 7 in the morning . 21 a 1 2   22 b 0 10   23 C 1 23   24 d 2 30   25 e 3 28   26 f 4 14   27 g 4 44 Aseension . New Moon at 8 in the morning . 28 a 4 58 Thunder and Lightening . 29 b 4 57   30 C 4 41   31 d 4 13 〈◊〉 ends . Observations on MAY . HOw many good Aspects happen this Moneth ? What felicity do they promise ? But , the truth is , One performance is worth ten promises . I could almost afford to be afraid of a sickness before it comes . If London finde a sickly time in May , what will it do in July ? London , look to thy self ; I never knew Mars do thee good when he came into II. There hath been many Mutinies in thee ; didst thou ever get any thing by them ? Will former examples do thee no good ? Hath God preserved thee all this while in these civil Wars for nothing else ? Doth not thy Government please thee ? Thou thinkest to mend it ; Thou shalt mend it , as 〈◊〉 mended her self : They were not content with Scipio , but Caesar came and taught them better manners : Suis & ipsa Roma viribus ruit . All the sins of Sodom are in thee ( by report , ) and he that destroyed Sodom is the same still . Take heed of thy Councels ; Aspire not : Get able Physicians ( a Pestilence is coming ; ) Be not overweening of thy own strength : The righteous God direct thee : I am afraid of thee this Moneth , that thou shouldst act something dishonorable to thy self . O Citizens , Citizens , why should you go about to undo your selves ? This World will not last always . I beseech you in the word of a friend , and of one that loves your souls , have a care of building upon fond conceits this month . Take notice what I say , or else these warnings of mine may be read in your ears another day , when you would be loath to hear them ; and Conscience shall then be Mille Testes . 1652. June hath xxx . days . Moneth days . Week days . Moons Latitude . I' th latter end of May expect much Thunder , With spritely fire , renting the clouds asunder : And for ought I know , June , to make amends , 〈◊〉 in the same manner t'other ends . The middle 's clear , but the Celestial Powers Conclude the Month with thunder , lightning , showres S. D. 1 e 3 33   2 f 2 45   3 g 1 50   4 a 0 50 First quarter half an hour after 3 in the morning . 5 b 0 11   6 C 1 13 Whitsunday . 7 d 2 14   8 e 3 10 Here " s a couple of Theeves met . 9 f 3 57   10 g 4 34   11 a 4 55 Full Moon 10 minutes after 6 at night . 12 b 4 59   13 C 4 44   14 d 4 12   15 〈◊〉 〈◊〉 22   16 f 2 21   17 g 0 11   18 a 1. 1 〈◊〉 begins . Last quarter a little after noon . 19 b 1 12   20 C C 25   21 d 3 19   22 e 4 6   23 f 4 39   24 g 4 57 Midsummer . 〈◊〉 sights in the ayr . 25 a 4 59 New Moon 46 minu es after 5 at night . 26 b 4 46 Priests and Lawyers look to your selves ; both the Civil 〈◊〉 and the Soldiery oppose you . 27 C 4 20   28 d 3 42   29 e 2 55   30 f 2 1   Observations on JUNE . AFter ill beginnings follows as corrupt proceedings ; and the beginning of June dances after the pipe of the 〈◊〉 end of May . Storms above , and stormy Actions below : and what will the end be ? But Sol opposeth Jupiter , and clears the Ayr : There comes a man from the North , and clears our domestical Distempers ; He is sent from God to do it . Oftenders are brought 〈◊〉 condign punishment ( or will be very speedily , ) I hope the signposts in London were not made to hang men upon , a Gibbet will serve the turn . Quos perdere vnit Jupiter ; dementes 〈◊〉 . London , London , thou wilt not be ruled ; Thou hast known enough of the Sword by what God hath done thereby upon other Towns of this Nation : Hast thou not heard what God did to Germany , and to Ireland ? Take notice ( about the latter end of this Moneth ) what unusual sights thou seest in the Ayr ; Doth thy God do any thing in vain ? Scholars that will not learn by documents , must be 〈◊〉 ; and so art thou like to be for ought I know : An Acre of 〈◊〉 will scarce cure thee of thy madness . The 〈◊〉 hath taken a Lease of this City for five years time , and will 〈◊〉 be then gotten out by a Lease of Ejectment . Rome , look to thy self ; If thou findest quarrels amongst thy Grandees about this Month , or the next ; if such a terrible supernatural sight in the Ayr 〈◊〉 thee , such as thy eyes never saw before ; if Contentions and domestical Duels be within thee ; Ask thy learned Iesuites , and they have wit enough , if they have but honesty enough , to tell thee , That thy fatal and final Catastrophe will come in 1655. Thou art great , ( 〈◊〉 true ; ) I could wish thou wast not as proud . Thou art strong , ( 't is true , ) and so was 〈◊〉 , yet thou knowest what became of it . Fetch a deep sigh , and say , H eu nihil invitu sas 〈◊〉 credere divis . 1652. July hath xxxi . days . Moneth days . Week days . Moons Latitude . This Moneth beginneth pleasantly and fair , But Sol and Saturn soon disturb the Ayr With stormy weather ; and perhaps may thunder , Our valiant Soldiers get good store of plunder , You shal be sure to have a troubled sky : Do not 〈◊〉 the works of God on high . S. D 1 〈◊〉 1 2   2 a 0 1   3 b 1 0 First quarter half an hour after 8 at night . 4 C 2 1   5 d 2 56   6 e 3 48   7 f 4 25 Term ends . 8 g 4 51   9 a 5 0   10 b 4 51   11 C 4 22 Full Moon 49 minutes after a in the morn . 12 d 3 37   13 e 2 36   14 f 1 26   15 g 0 10   16 a 1 3   17 b 2 12 Last quarter half an hour past 6 at night . 18 C 3 13   19 d 4 1   20 e 4 35   21 f 4 55   22 g 5 0   23 a 4 44   24 b 4 26   25 C 3 50 James Apostle . New 〈◊〉 half an hour after 7 in the morning . 26 d 3 4   27 e 2 11   28 f 1 12   29 g 0 11   30 a 0 M 50   31 b 1 50   Observations on JULY . HAving considered that the Grave equals all men , I 'l now make no difference of persons , but conjoyn in my judgment the Kings with the Beggars . The Moneth begins with Theeving , and ends in Tempests : Thunder , Lightening , Hail , and Rain possesses the Elements about the latter end of the Moneth ; and if the Elements , then all Elementary bodies : 'T is pity Bedlam is not big enough to hold all the mad folks : Indeed the World is mad , and therefore 't will not last long . This Moneth Sol is joyned with Saturn , and Mars gives Mercury another meeting . Men will be subject to coyn false Mony , to Theeving and deceiving one another , ( and that they ever did since I knew them . ) Wise men will not be regarded , though they be honest . For , Probitas laudatur & alget . Men will be subject to study the Philosophers stone , and that they are like to have when the Devil 's blind . It 's a strange thing that men should go about to get their living by lying and deceiving : Pray tell me ( Countrymen ) is that the way to Heaven , yea or no ? Look to 't your selves , ( and say I told you of it , ) for 't is nothing to me . Nobis parta quies . About the latter end of the Moneth a couple of Knaves will meet ; who they are , time will manifest . People will be incited to leave the ways of God , and study Necromancy , and other Diabolical Arts . Corrupt beginnings are baseness in the middle , and bitterness in the latter end , and so will they finde them ; and let them say , I told them so . The last day of the Month save one produceth Thunder and Light'ning in the 〈◊〉 : Have a care Rome ; beware of fire . 1652. August hath xxxi . days . Moneth days . Week days . Moons Latitude . Now Mars & Saturn meet 〈◊〉 〈◊〉 〈◊〉 , And give Rome warning what death she shal dyon . The Ayr 's disturb'd with fatal Coruscations , Troubling the brains of giddy-headed Nations . Of Italy , and many people more , Rome's deep 〈◊〉 engag'd ; let her pay al the score . M. D. 1 C 2 46   2 d 3 36 First quarter a little before noon . 3 c 4 16   4 f 4 45   5 g 4 59   6 a 4 56   7 b 4 35 Windy weather . 8 C 3 54   9 d 2 57 Full Moon 3 quarters past 10 in the morning 10 c 1 48   11 f 0 31   12 g 0 46   13 a 1 59   14 b 3 3   15 C 3 56   16 d 4 32 Last quarter half an hour past 2 in the morn . 17 e 4 53   18 f 5 0   19 g 4 51   20 a 4 30   21 b 3 55   22 C 3 12   23 d 2 20 New Moon at almost 11 at night . A windy season . 24 e 1 22 Bartholomew Apostle . 25 f 0 21   26 g 0 41   27 a 1 42   28 b 2 38   29 C 3 28   30 d 4 10   31 e 4 40   Observations on AUGUST . SCotland , Saturn leaves thee , and I wish from my heart thy dishonesty may do the like . Rome , look to thy self ; Do not fall out one with another : Remember what came of such a business towards the latter end of Nero's reign . Tell the Jesuites what I say , and they have wit enough to pick English out of it . Do not admire if you see Wars in Bohemia again . The Plague rangeth up and down Italy , and Sicillia is like to suffer . Apulia is troubl'd with worser businesses then the Spider Tarantula , and so is like to be these two years & a half . All the water in Danubius wil not quench the fiery spirits in Vlm. Syracusa in Sicillia , Prague in Bohemia , Rome and Damascus , have a care of fire : Thou remembrest the time , Rome , when Nero set thee on fire ; and thou wast built again : but if once God set fire to thee , that will never be quench'd . God will give thee warnings enough of it , ( if thou knowest when thou hast enough : ) and when thou seest these warnings in the Ayr , remember 1655. The Moneth ends indifferent serenely : We seem pretty quiet in London : I protest , 't is almost time . I hope thou wilt be wise one of these days , especially when thou canst scarce do otherwise : I 'le give thee this Motto to set under thy Red Cross ; Never City Withstood her friends more then thou hast doxe . Thou hast a little time now left thee to consider what belongs to thy peace ; Make use of it , and make good use of it too : For , Post est occasio calva . 1652. September hath xxx . days . Moneth days . Week days . Moons Latitude . T is 〈◊〉 , the last Moneth did serenely end , Neither will this Months Ayr us much 〈◊〉 . Now for Accommodation if you can , 〈◊〉 yet I doubt , it 's past the Wit of Man . Upon a sudden changes wheel about , The 〈◊〉 but taked up , it is not out . M. D. 1 f 4 57 First quarter at one of the clock in the morn . 2 g 4 59   3 a 4 43   4 b 4 10   5 C 3 20   6 d 2 14   7 c 0 54 Full Moon , half an hour after 6 at night . 8 f 0 20   9 g 1 38   10 a 2 47   11 b 3 48   12 C 4 26   13 d 4 51   14 e 5 0 Last quarter 19 minutes after 1 in the aftern . 15 f 4 53   16 g 4 33   17 a 4 0   18 b 3 18   19 C 〈◊〉 27   20 d 1 30   21 e 0 29 Matthew . 22 f 0 32 New Moon 47 minut. after 3 in the aftern : A 〈◊〉 cloudy Ayr ( if not rainy . ) 23 g 1 34   24 a 2 31   25 b 3 22   26 C 4 5   27 d 4 37   28 e 4 55   29 f 5 0 〈◊〉 Arch. 30 g 4 51 First 〈◊〉 6 minutes after noon . SEPTEMBERS Observations . NO sooner doth this Moneth begin , but ☉ and ♀ are got together ; but ♀ hath got 8. degrees of Latitude . 'T is in ♍ , and therefore but a barren businesse . I could wish People would looke after their healths , I am afraid it is but a sickly time . Are the Jewes marching towerds Jerusalem or no ? Let them take sober advice , the time is not yet . The Florentines cannot be quiet ; what 's the matter with them ; are they too rich ? If about the latter end of this Moneth the Turkish Emperour , dye , I cannot helpe it ; It may be hee hides his Head , and t is onely the Janizaries are tumultuous ; if hee can save his Life , let him : I give him faire warning of it . 1652. October hath xxxi Dayes . Moneth Dayes Weeks Dayes . Moons Latitude . The Sun and 〈◊〉 with the Virgins Spike , Brings wholsom winds and showers ; & this I like : The Sun and Iove in sextile cleare the Ayre , And tell the Husbandman it will be faire : 〈◊〉 e're the Month end , Sol 〈◊〉 with Saturn square Let them to whom t' belongeth have a care . M. A 1 a 4 21   2 b 3 35   3 C 2 36   4 d 1 26   5 e 0 7   6 f 1 10   7 g 2 23 Full Moone , halfe an houre past 3. in the morn . Wind and raine . 8 a 3 26   9 b 4 14   10 C 4 45   11 d 4 59   12 e 4 57   13 f 4 38   14 g 4 7 Last Quarter 43. Min. past 4. in the morning . 15 a 3 24   16 b 2 34   17 C 1 39   18 d 0 39 Luke Evang. 19 e 0 23   20 f 1 25   21 g 2 23   22 a 3 16 New M. 8. min. past 9. in the morn . Faire and clear weather . 23 b 3 59 Tearme begins . 24 C 4 33   25 d 4 54 Bitter cold winds . 26 e 5 0   27 f 4 50   28 g 4 24 Simon and Jude . 29 a 3 43 First Quarter , halfe an houre past 9. at night . 30 b 2 49   31 C 1 43   OCTOBER , Observations . NOw every one lookes to himselfe ; Can Subjects finde no other time to Rebell but when Winter drawes on ? A mad World : Subjects would be Kings , and what the Nobles would be , neither themselves nor I know . The Pope hath all Holinesse and no Wit , perhaps neither . Thou wast made Pope but onely for a Cloake for the jesuits villany ; Thy condemnation is of thy selfe O Rome . Thou writest thy selfe a Servant of Servants , and now thou art made such a foole indeed . The Plague increaseth in London , and the Colledge in Amen-corner , cannot helpe it . Praevisum nequit arte levare Malum , Honesty is an excellent Herbe in the Garden of the Magistrates , and Humblewort would suit the Commons very well , either of them both being taken in the Morning fasting , you shall be safe from Gods Vengeance that day : London , the latter end of this Moneth will be troublesome : The Heavens give thee warning of it , and so doe I. 1652 November hath xxx Dayes . Moneth Days . Weeks Days . Moons Latitude . The World 's distracted : Councells , Consultations Do fill the heads of the Europian Nations . Embassadors are rife ; O cruell Fate N'ere to take Councell ere it be too late , I feare a great ones Life ; and cause I have : But Kings and Beggers levell'd are i' th Grave . M. A 1 d 0 30 All Saints . 2 e 0 46   3 f 2 0   4 g 3 4   5 a 3 53 Powder Treason Full Moon , a little after two in the afternoone . 6 b 4 57 Wind and cold Rain , or Sleet . 7 C 4 57   8 d 4 48   9 e 4 44   10 f 4 14   11 g 3 34   12 a 2 45 Last Quarter : almost at 12 at Night 13 b 1 49   14 C 0 49   15 d 0 11   16 e 1 12   17 f 2 11   18 g 3 5   19 a 3 52   20 b 4 28   21 C 4 51 New Moon , almost at 3 in the Morning , 22 d 5 0   23 e 4 〈◊〉 24 f 4 28   25 g 3 49   26 a 2 55   27 b 1 51   28 C 0 41 Terme Ends . 29 d 0 32 Last Quarter , half an hour after 6 in the morning 30 e 1 45 Andrew Apostle . NOVEMBERS Observations . I Had forgotten the last Moneth that some great person may expect a Catastrophe , 〈◊〉 but a change out of one World into another , and that wee were all borne to . What difference is there betweene a Prince and my Selfe when wee are dead ; nay when a Prince is but asleepe , what is hee the better for his Kingdome ? London , let thy Grandee's take no per-nicious Councell this Moneth , for ' 〈◊〉 come to nothing : doth not hee looke more like a Mad-man then like a Saint , that 's catching Butterflies when he should be quenching his House that is on fire ? Thou standst humming and hawing , and fending and proving , when thou shouldst be looking after able Physitians to cure thy children of the Pestilence . T is not a Plaister of Turbulencie , mixed with a little Oyle of Nonsence , and distilled through the Alembick of a Fooles braines that can cure thee at this time : you will not give your Children what they desire , when they are waspish neither will your God you : Bitter cold weather ends the 〈◊〉 Moneth ( the time of the yeare considered ) and I hope the 〈◊〉 man when hee reades it will looke to his Cattell ; it may propably be too late when hee feeles it . There 's a Lyon will dye neere about this Moneth ; you will know what I mean when it comes to passe . 1652 December hath xxxi Dayes . Moneth Days . Weeks Days . Latitude . Moons Good Lord , how truly this Moneth is troubled , With violent actions ; How our feares are doubled . It is impossible to live at ease , For those that know not Christ the Prince of peace He doth with inward joy to 's Saints appeare , His person 's lovely : Thus I end the Year . S. A 1 f 2 47   2 g 3 47   3 a 4 26   4 b 4 53   5 C 5 0 Full Moon , half an houre after two in the morning 6 d 4 50   7 e 4 24   8 f 3 46   9 g 2 56   10 a 2 2   11 b 1 2   12 C 0 4 Last Quarter 46 Minutes after 9 at night . 13 d 1 0   14 e 2 0   15 f 2 54   16 g 3 42   17 a 4 20   18 b 4 47   19 C 4 59   20 d 4 55 New Moon , 20 Minutes after 7 at Night . 21 e 4 35   22 f 3 57   23 g 3 4   24 a 3 2   25 b 〈◊〉 50 Christs Nativity . 26 C 0 24 Steven Protomar . 27 d 1 37 Iohn Evang. First Quarter , almost at 3 in the afternoon . 28 e 2 42 Innocents . 29 f 3 38   30 g 4 24   31 a 4 49   DECEMBERS Observations . THe Yeare drawes now towards an end , I would willingly have written , so doe our Troubles , but instead of Troubles the Compositor sets Wits Oh! what a Moneth is here comming , How many blessings hath God given this poore Nation , and it made it as mad almost ( if not altogether ) as those were , That when they came into a fertile Countrey , went to erect a Tower of Babell , I would have said Confusion , ( for I thinke the word signifies no other ) But God came downe to see the Tower which the children of men were building , and confounded their Language , and so he will your Actions Nature , and the God of Nature bids you be quiet ; if not the one will leave you , and the other destroy you : Ah London , London , hast not thou been Caput horum 〈◊〉 malorum ? God is mercifull , and that 's all the hope I have of thee : Thou mayst be wise , thou art old enough : I tell thee truly , had there not been some honest people in thee whom the Lord regarded as much ( and it may be more too ) as Elisha the Prophet regarded the face of 〈◊〉 King of Iudah : JEHOVAH had rained Fire and Brimstone upon thee from JEHOVAH as hee did upon Sodom . Thou 〈◊〉 Astrologers , and yet I pray for thee ( though thou never did'st mee good ) and I 'le tell thee from the Bookē of the Creatures what is like to betide thee about this moneth , or the beginning of the next : Thou wilt be troubled with 〈◊〉 〈◊〉 Murder , and Theevery , and t is 1000 l. to a penny if it be not acted by such as pretend to Religion : Thy Women will be subject to Seditions , and instead of being House-wives will turne State-rulers . Looke to the Malignants , have a care they get not Armes into their Houses : Or if you please you may iet them alone , they have not Wit enough to use them , and yet perhaps more Wit then Honesty . And when they can doe nothing else , then they 〈◊〉 a lying and scribling , and 〈◊〉 the Year ends . January 1652. The place of the Planets and 〈◊〉 every day at Noon .   ☉ ☽ ♄ ♃ ♂ ♀ ☿ ☊   S A S D S D M D M A   ♑ ♑ ♋ R ♐ ♒ ♒ ♒ ♈ 1 21 5 25 2 25 58 28 12 27 57 1 52 3 8 15 0 2 22 7 10 16 25 53 28 25 28 43 3 7 4 49 14 57 3 23 8 24 38 25 48 23 38 29 30 4 25 6 28 14 53 4 24 9 9 43 25 43 28 52 0 17 5 38 8 4 14 50 5 25 10 24 43 25 38 29 5 1 4 6 54 9 38 14 47 6 26 11 9 18 25 33 29 18 1 51 8 11 11 13 14 44 7 27 13 23 20 25 28 29 31 2 38 9 25 12 44 14 41 8 28 14 6 32 25 23 29 44 3 25 10 40 14 16 14 38 9 29 15 20 0 25 18 29 58 4 12 11 56 15 47 14 34 10 0 16 2 59 25 13 0 10 4 59 13 11 17 11 14 31 11 1 17 15 43 25 8 0 23 5 45 14 26 18 36 14 28 12 2 18 28 1 25 〈◊〉 0 36 6 22 15 42 20 0 14 25 13 3 19 9 59 24 58 0 49 7 19 16 57 21 19 14 22 14 4 20 21 49 24 53 1 2 8 5 18 12 22 36 14 18 15 5 23 3 38 24 48 1 16 8 52 19 28 23 50 14 15 16 6 24 5 30 24 43 1 27 9 39 20 43 24 1 14 12 17 7 25 7 19 24 38 1 40 10 25 21 59 26 9 14 9 18 8 26 9 0 14 33 1 52 11 12 23 14 27 13 14 6 19 9 26 20 32 24 28 2 〈◊〉 11 59 24 29 28 13 14 3 20 10 26 2 26 24 23 2 17 12 45 25 44 29 8 13 59 21 11 27 14 30 24 18 2 29 13 32 27 0 30 0 13 56 22 12 28 〈◊〉 0 24 14 2 41 14 18 28 15 0 48 13 53 23 13 28 9 53 24 9 2 53 15 5 29 28 1 32 13 50 24 14 29 22 58 24 4 3 5 15 51 0 45 2 8 13 47 25 15 30 6 29 24 0 3 17 16 38 2 0 2 37 13 44 26 16 31 20 2 23 55 3 29 17 24 3 15 3 0 13 40 27 17 32 4 26 23 51 3 41 18 10 4 28 3 16 13 37 28 18 33 19 0 23 46 3 53 18 57 5 45 3 26 13 34 29 19 34 3 48 23 42 4 6 19 43 7 0 3 29 13 31 30 20 35 18 37 23 38 4 16 20 29 8 15 3 26 13 28 31 21 36 3 27 23 34 4 28 21 15 9 30 3 16 13 24 Latitude for Dayes 1 0 12 0 15 1 3 1 17 0 31     11 0 13 0 14 0 57 1 30 1 2     21 0 14 0 13 1 50 1 34 0 34     The Lunar Aspects January 1652.   ☉ ♄ ♃ ♂ ♀ ☿ The Pla. mutuall     Orient Orient Occid. Occid. Occid. aspects 1   〈◊〉 . 23     11. 42 14. 55   2             ☽ Perig . 3     6. 5 6. 〈◊〉       4               5 0. 57 1. 40 7. 11   22. 48   ☉ ♄ 9. 57 6   Occid.       4. 43 ☽ 10. 17 7 8. 56 3. 45 12. 38 19. 10       8         7. 44 14. 54   9 21. 10 11. 25           10       3. 24 23. 35     11           8. 37   12     12. 58 19. 47       13               14   5. 51           15 3. 52             16         11. 36 21. 〈◊〉 ☽ Apog. 17     8. 16         18       4. 46       19   6. 24 23. 28         20 15. 47           ☽ 21. 33 21   19. 40           22     10. 28   1. 57 7. 5   23 7. 20     10. 34       24   1. 27     15. 3 16. 41   25 17. 23     18. 51     ♀ ☿ 7. 24 26     22. 41     23. 22 ♃ 5. 9 27         1. 32     28   7. 21   1. 6       29               30 3. 17         23. 30 ☽ Perig 31     1. 10   10. 2     Febr. 1652. The place of the Planets and ♌ at Noon .   ☉ ☽ ♄ ♃ ♂ ♀ ☿ ☊   S. A S. D M. A M. A S. A   ♒ ♓ ♋ R. ♑ ♓ ♓ ♓ ♈ 1 22 36 18 30 23 30 4 39 22 〈◊〉 10 45 〈◊〉 59 13 21 2 23 36 3 26 23 26 4 50 22 48 12 0 2 34 13 18 3 24 37 〈◊〉 5 23 22 5 1 23 34 13 15 2 1 13 15 4 25 38 2 17 23 18 5 12 24 20 14 30 1 21 13 12 5 26 38 15 59 23 14 5 23 25 6 15 45 0 34 13 9 6 27 39 29 18 23 10 5 34 25 52 16 59 29 42 13 5 7 28 39 12 24 23 7 5 45 26 38 18 14 28 46 13 2 8 29 40 25 3 23 3 5 56 27 24 19 28 27 47 12 59 9 0 40 7 36 23 0 6 6 28 10 20 43 26 46 12 56 10 1 41 19 30 22 57 6 17 28 56 21 57 25 45 12 53 11 2 41 1 21 22 54 6 27 29 42 23 12 24 44 12 50 12 3 42 12 52 22 51 6 37 0 28 24 26 23 43 12 46 13 4 44 24 36 22 48 6 47 1 14 25 41 22 45 12 43 14 5 42 6 27 22 45 6 57 1 59 26 55 21 52 12 40 15 6 42 18 0 22 42 7 7 2 45 28 10 21 4 12 37 16 7 〈◊〉 29 51 22 39 7 16 3 30 〈◊〉 24 10 22 12 34 17 8 43 11 33 22 37 7 26 4 16 0 〈◊〉 19 48 12 30 18 9 43 23 29 22 34 7 35 5 〈◊〉 1 53 19 20 12 27 19 10 43 5 42 22 32 7 44 5 47 3 〈◊〉 19 0 12 24 20 11 43 18 32 22 30 7 53 6 33 4 21 18 47 12 21 21 12 43 1 55 22 28 8 2 7 15 5 35 18 42 12 18 22 13 43 14 43 22 26 8 11 8 4 6 49 18 44 12 15 23 14 43 28 39 22 24 8 20 8 49 〈◊〉 3 18 53 12 11 24 15 43 12 47 22 22 8 29 9 34 9 17 19 9 12 8 25 16 43 27 28 22 20 8 38 10 19 10 31 19 32 12 5 26 17 43 12 27 22 18 8 47 11 4 11 45 20 0 12 2 27 18 43 27 25 22 16 8 59 11 50 12 59 20 34 11 59 28 19 43 11 10 22 15 9 4 12 36 14 12 21 16 11 56 29 20 42 27 2 22 13 9 13 13 20 15 25 22 2 11 52   Latitude 1 0 15 0 12 1 43 1 26 1 28       11 0 16 0 11 1 36 1 16 3 〈◊〉       21 0 17 0 11 0 29 1 2 2 22     The Lunar Aspects Feb. 1652.   ☉ ♄ ♃ ♂ ♀ ☿ The Pla. mutuall     Occid. Orient . Occid. Occid. Occid. aspects . 1   7. 29   2. 50     ♄ ♂ 18 2     3. 57       ☽ 16. 0 3 12. 59 8. 45       22. 36   4     5. 30         5 21. 28 13. 36   . 18. 9 0. 7     6           . 0 32   7         12. 5 Orient . ☉ ☿ . 0. 4 8 11. 21   8 20 , 15 . 4. 29   6. 14   9             ♄ ♀ . 18 8 10   6. 49   20. 20 7. 12     11               12           20. 10   13 ♉ 22. 19           ☽ apog. 14     1. 57         15   8. 49     22. 51     16     15. 11 7. 50       17   21. 55       14. 47 ☽ . . 0. 26 18               19 . 8. 27   2. 28         20   6. 20       0. 9   21 21. 20     . 10. 27 7. 27     22           6. 32   23     16. 31 . 19. 42 17. 21   ♃ ♀ 6. 4 24 . 5. 34 15. 32         ♂ ♀ 13. 〈◊〉 25       22. 52       26         . 0. 2 12. 29   27     17. 41       ☽ Perig . 28 12. 49 16. 19           29     18. 18         March 1652. The signe degree and minute the Planets are in   ☉ ☽ ♄ ♃ ♂ ♀ ☿ ☊   S. A S. D M. A M. A S D   ♓ ♈ ♋ ♑ ♈ ♈ ♒ ♈ 1 21 42 11 45 22 129 21 14 5 16 39 22 52 11 49 2 22 42 26 0 22 11 9 29 14 50 17 53 22 48 11 46 3 23 41 11 0 22 10 9 37 15 35 19 6 24 49 11 43 4 24 41 24 22 22 9 9 〈◊〉 16 20 20 20 25 55 11 40 5 25 40 8 0 22 8 9 51 17 5 21 33 27 4 11 36 6 26 40 21 43 22 8 10 0 17 50 22 46 28 19 11 33 7 27 39 3 40 22 7 10 7 18 35 24 0 29 34 11 30 8 28 39 16 9 22 7 10 14 19 20 25 13 1 54 11 27 9 29 38 28 41 22 7 10 21 20 5 26 26 2 15 11 24 10 0 38 10 21 22 7 10 28 20 50 27 40 3 39 11 21 11 1 37 22 10 22 7 10 35 21 34 28 53 5 7 11 17 12 〈◊〉 37 〈◊〉 43 22 7 10 41 22 19 0 6 63 36 11 14 13 3 30 15 29 22 7 10 48 23 3 1 19 8 8 11 11 〈◊〉 〈◊〉 35 27 21 22 8 10 54 23 48 2 32 9 41 11 8 15 5 34 9 18 22 8 11 0 24 〈◊〉 3 45 11 17 11 5 16 〈◊〉 〈◊〉 〈◊〉 15 22 9 11 6 25 18 4 〈◊〉 12 55 11 2 17 7 33 3 16 22 9 11 12 26 〈◊〉 6 10 14 〈◊〉 10 58 18 8 32 15 21 22 10 11 17 26 45 7 〈◊〉 16 14 10 55 19 9 31 28 10 22 11 11 23 27 30 8 36 17 58 10 〈◊〉 20 10 30 11 0 22 12 11 28 28 14 9 48 19 40 10 49 21 11 29 24 31 22 13 11 33 28 58 11 〈◊〉 21 26 10 46 〈◊〉 12 28 8 0 22 14 11 38 29 42 12 13 23 12 10 42 23 13 27 21 53 22 15 11 43 0 26 13 26 25 0 10 39 〈◊〉 14 26 6 2 22 17 11 47 1 10 14 38 26 50 10 36 〈◊〉 15 25 21 11 22 18 11 52 1 54 15 50 28 40 10 33 26 16 23 6 19 22 20 11 56 2 38 17 2 0 29 10 30 27 17 22 21 19 22 21 12 0 3 22 18 14 2 19 10 27 28 18 21 6 0 22 23 12 4 4 6 19 26 4 9 10 23 29 19 20 20 23 22 25 12 7 4 50 20 38 6 0 10 20 30 20 18 4 45 22 27 12 〈◊〉 5 33 21 50 〈◊〉 52 10 17 31 21 17 18 43 22 29 12 14 6 17 23 2 9 43 10 14   1 0 18 0 10 0 22 0 41 2 22     11 0 19 0 10 0 15 0 10 0 27     21 0 19 0 9 0 8 0 21 1 47     The Lunar Aspects March 1652.   ☉ ♄ ♃ ♂ ♀ ☿ The Plan . mutuall     Occid. Orient Occid. Occid. Orient Aspects . 1   15. 59   3. 53 8. 39 18. 12 ☽ 0. 3. ☉ ♄ 11. 38 2     21. 58         3   19. 46           4 0. 9         3 0   5       18. 25     ♄ ♀ 11. 13 6 11. 4       4. 12 15. 58   7     12. 21         8   11. 17   6. 16 19. 14     9 4. 11             10               11       0. 17 16. 55   ♂ ♄ 17. 11 12     15. 7     6. 53 ☽ Apog. 13   13. 48         ♃ ☿ 19. 57 ☽ Eclipsed 14 15 37             15     3. 30       ☽ 3. 45 16   2. 51   8. 40       17     14. 31   6. 26     18   11. 3       0. 6   19 21. 4             20           17. 26   21       7. 39     ☉ ♃ 1. 43 ♃ ♀ 11. 57 22 7. 6   6. 7   6. 53     23   ♉ 0. 30   14. 55   5. 57   24 13. 55       12. 55     25       18. 47       26     10. 24   20. 3   ☽ Perig . 27   4. 0       19. 53 ☽ 8. 27 Ecli . ☉ 28 21. 4   10. 2         29   3. 37           30     12. 39 1. 29     ♄ ♀ 12. 25 31   6. 10     8. 9     April 1652. The state of the Planets , and this . Moneth .   ☉ ☽ ♄ ♃ ♂ ♀ ☿ ☊   S. A S. D S. A M. A ♈   ♈ ♊ ♋ ♋ ♉ ♉ ♈ ♈ 1 12 16 2 27 22 31 12 17 6 59 24 14 11 36 10 11 2 23 13 15 44 22 33 12 20 7 43 25 26 13 30 10 8 3 24 12 28 32 〈◊〉 35 12 23 3 27 26 38 15 24 10 4 4 25 11 11 27 〈◊〉 37 12 〈◊〉 〈◊〉 1 27 49 17 18 10 1 5 26 10 〈◊〉 57 2 40 12 28 9 53 29 2 19 14 9 58 6 27 8 6 32 23 42 12 31 10 36 0 12 21 9 9 55 7 28 6 18 58 22 45 12 33 11 19 1 24 23 3 9 52 8 29 5 0 49 22 48 12 35 12 2 2 35 24 58 9 48 9 0 3 12 30 22 51 12 37 12 45 3 47 26 53 9 45 10 1 2 24 20 22 54 12 30 13 27 4 58 28 48 9 42 11 2 1 6 0 22 57 12 4 14 11 6 9 0 43 9 39 12 2 58 17 59 23 0 12 42 14 54 7 20 2. 38 9 36 13 3 56 0 28 23 3 12 43 15 37 8 31 4 31 9 33 14 4 54 12 47 23 7 12 44 16 20 9 42 6 27 9 29 15 5 52 25 13 23 10 12 44 17 3 10 〈◊〉 8 22 9 26 16 6 51 7 49 23 14 12 45 17 46 12 4 10 16 9 23 17 7 48 21 12 23 18 12 45 18 29 13 13 12 8 9 20 18 8 47 4 54 23 22 12 45 19 12 14 24 14 1 9 17 19 9 45 18 48 23 26 12 45 19 55 15 34 15 53 9 14 20 10 43 2 32 23 30 12 44 20 38 16 44 17 46 9 10 21 11 41 16 27 23 34 13 44 21 21 17 54 19 37 9 7 22 12 39 0 43 23 38 12 43 22 4 19 4 21 28 9 4 23 13 37 15 37 23 42 12 42 22 46 20 14 23 18 9 1 24 14 35 0 7 23 46 12 41 23 29 21 24 25 8 8 58 25 15 32 15 20 23 51 12 40 24 11 22 34 26 59 8 54 26 16 30 29 36 23 55 12 39 24 53 23 44 28 45 8 51 27 17 28 13 23 24 0 12 37 25 36 24 53 0 32 8 48 28 18 26 27 5 24 5 12 36 26 18 26 3 〈◊〉 17 8 45 29 19 23 〈◊〉 31 24 10 12 34 27 0 27 12 4 2 8 42 30 20 21 27 43 24 15 12 32 27 42 28 22 5 45 8 39   1 0 20 0 8 S 0 0 52 1 30     〈◊〉 0 21 0 7 〈◊〉 6 1 24 0 42     21 0 22 0 6 1 12 1 48 0 25     The Lunar Aspects April 1652.   ☉ ♄ ♃ ♂ ♀ ☿ The Plan mu . Asp.     Occid. Orient Occid. Occid. Orient .   1           18. 21 ☉ ♄ 6. 12 2 13. 53           ♃ ☿ 8. 42 3       18. 35       4   21. 35 2. 11     13. 27   5 4 15       10. 50     6       8. 18     ♄ ☿ 20. 1 7 22. 6         11. 0   8         3. 59   ♃ ♂ 19. 0 9   22. 45 1. 58 2. 23     ☽ Apog. 10               11     13. 3   1. 14   ☽ . 8. 5 12   9. 23       Occid. ☉ ☿ 8. 44 13 7. 17         9. 19   14   19. 20 0. 0 7. 14       15               16         8. 8     17             ♃ ☿ 7. 33 18 5. 55   13. 30     17. 9   19   8. 256   1. 11       20 13. 0             21       6. 53 1. 37 5. 10 ☉ ♃ 1. 7 22 20. 34   19. 21       ♂ ☿ 14. 47 23   13. 47   12. 49 7. 52 15. 0 ☉ ♃ 5. 23 24     19. 47       ☽ 153. ♄ ♂ 10. 44. 25   14. 18     14. 0     26     23. 26         27 7. 34 19. 10   7. 34       28           10. 35   29               30               May 1652. The position of the Planet , and at NOOR .   ☉ ☽ ♄ ♃ ♂ ♀ ☿ ☊   ♉ ♋ ♋ ♑ . R ♉ ♊ ♊ ♈   S. A S. D S. A S. A S. A 1 21 19 7 32 24 20 12 30 28 24 29 31 6 27 8 35 2 22 17 18 59 24 25 12 28 29 6 0 40 9 8 8 32 3 23 15 1 16 24 〈◊〉 12 25 29 48 1 49 10 46 8 29 4 24 12 3 23 24 35 12 23 0● 30 2 58 12 26 8 16 5 25 10 52 59 24 4 12 20 1 〈◊〉 4 7 14 1 8 23 6 26 7 8 30 24 45 12 17 1 54 5 16 15 35 8 20 7 27 5 20 38 24 50 12 14 2 36 6 25 17 6 8 16 8 28 2 2 31 24 55 12 10 3 18 7 33 18 34 8 13 9 28 59 14 28 25 0 12 6 4 0 8 4 20 1 8 10 10 29 58 26 32 25 6 12 2 4 〈◊〉 9 50 21 24 8 7 11 0 55 8 59 25 11 11 58 5 24 10 58 22 23 8 4 12 1 51 21 52 25 17 11 53 6 5 12 6 24 0 8 0 13 2 49 4 35 25 23 11 49 6 47 13 14 25 14 7 57 14 3 46 19 31 25 28 11 44 7 28 14 22 26 26 7 54 15 4 4 0 58 25 34 11 39 8 10 15 30 27 32 7 51 16 5 41 4 47 25 40 11 34 8 51 16 34 28 36 7 48 17 6 38 29 5 25 46 11 29 9 32 17 45 29 34 7 45 18 7 37 13 34 25 52 11 24 10 13 16 52 0 27 7 41 19 8 34 27 55 25 58 11 19 10 54 19 59 1 14 7 38 20 9 30 11 35 26 4 11 14 11 35 21 6 1 57 7 35 21 10 28 25 67 26 10 11 9 12 16 22 13 2 34 7 32 22 11 25 10 28 26 16 11 4 12 57 23 20 3 3 7 29 23 12 22 25 5 26 22 10 58 13 39 24 26 3 26 7 25 24 13 19 9 17 26 28 10 52 14 19 25 32 3 43 7 22 25 14 17 22 56 26 34 10 46 15 0 26 38 3 3 7 19 26 15 14 5 59 26 40 10 40 15 41 27 44 3 56 7 16 27 16 11 18 59 26 46 10 34 16 22 28 50 3 53 7 13 28 17 9 2 2 26 53 10 28 17 3 29 56 3 41 7 10 29 18 6 14 50 26 59 10 22 17 44 0 1 3 22 7 6 30 19 3 27 14 27 6 10 16 18 25 2 7 2 56 7 3 31 20 0 9 26 27 11 10 10 19 6 3 12 2 23 7 0 Latitude 1   0 22 0 5 0 18 2 9 1 27     11   0 24 0 4 0 24 2 17 1 58     21   0 24 0 2 0 30 2 24 1 31     The Lunar Aspects . May , 1652.   ☉ ♄ ♃ ♂ ♀ ☿ The Plan . mutuall     Occid. Orient Occid. Occid. Occid. Aspects 1     11. 22   1. 47     2 9. 3 10. 41   19. 3       3           19. 47   4 21. 45           ☉ ♄ 9 55 5       10. 3 17. 52     6     8. 53     11. 55 ☽ Apog. 7 16. 8 10. 30           8     21. 13 3. 45 10. 41   ☽ 13. 15 9   20. 36       14. 10   10               11     6. 27   5. 6   ♃ 20. 56 12 819. 57 7. 6           13       3. 51       14           15. 37   15     18. 57         16   18. 9     3. 4     17 11. 25     17. 23       18               19 19. 19   〈◊〉 23. 24   5. 54   20         16. 55   ☽ Perig . 21   2. 0       11. 16 ☽ 19. 37 22 2. 25   0. 51 5. 42 22. 43     23   〈◊〉       16. 30   24     5. 1       ♄ ♀ 22. 16 25   8. 15     19. 27     26 10. 2     18. 26       27       Orient     ☉ ♂ 15. 33 28     15. 33     2. 50   29               30   〈◊〉     10. 44     31 21. 18     〈◊〉       Iune 1652. The places of the Planets , and this 〈◊〉   ☉ ☽ ♄ ♃ ♂ ♀ ☿ R ☊   S. A S. D S. A S. D M D   ♊ ♌ ♋ ♑ R ♊ ♌ ♋ ♈ 1 10 58 21 6 27 19 10 3 19 47 4 18 1 43 6 57 2 21 55 〈◊〉 〈◊〉 27 26 9 57 20 〈◊〉 5 23 0 57 6 54 3 2 52 17 30 17 33 9 50 21 9 6 28 0 6 6 〈◊〉 4 23 48 〈◊〉 2 27 40 9 4 21 49 7 31 29 8 6 47 5 24 46 10 33 27 47 9 〈◊〉 22 30 8 36 28 7 6 44 6 25 42 〈◊〉 45 27 54 9 29 23 10 9 41 27 6 6 41 7 26 40 4 58 28 1 9 22 23 50 10 43 26 5 6 38 8 27 38 17 29 28 8 9 〈◊〉 24 31 11 46 25 6 6 35 9 28 35 0 30 〈◊〉 15 9 〈◊〉 25 11 12 48 24 10 6 31 10 29 32 13 29 28 22 9 1 25 51 13 52 23 18 6 28 11 0 29 27 2 28 30 8 54 26 31 14 54 22 30 6 25 12 1 26 10 43 28 37 8 47 27 11 15 56 21 49 6 〈◊〉 13 2 23 〈◊〉 31 28 44 8 40 27 50 16 58 21 14 6 19 14 3 20 8 58 28 52 8 〈◊〉 28 31 18 0 20 46 6 16 15 4 15 43 48 28 59 8 26 29 11 19 1 20 26 6 〈◊〉 16 5 13 3 46 29 6 8 18 29 51 20 2 20 14 6 9 17 6 〈◊〉 23 24 29 13 8 11 0 31 21 3 20 10 6 6 18 7 8 7 31 29 21 8 4 1 11 22 4 20 12 6 3 19 8 5 21 19 29 28 7 56 1 51 23 4 20 21 6 0 20 9 〈◊〉 〈◊〉 11 29 35 7 48 2 31 24 4 20 36 5 57 21 9 59 17 9 29 42 7 40 3 11 25 4 20 58 5 53 22 10 56 2 36 29 50 7 33 3 51 26 4 21 28 5 50 23 11 53 15 51 29 57 7 25 4 31 27 4 22 5 5 47 24 12 51 28 31 0 4 7 18 5 11 28 2 22 47 5 44 25 13 〈◊〉 10 57 0 12 7 11 5 51 28 59 23 34 5 21 26 14 〈◊〉 〈◊〉 〈◊〉 0 19 7 4 6 31 29 57 24 26 5 37 27 15 42 〈◊〉 28 0 27 6 56 7 11 0 53 25 22 5 34 28 16 39 17 32 0 34 6 49 7 51 1 52 26 24 5 31 29 17 36 29 29 0 41 6 42 8 30 2 47 27 29 5 28 30 18 33 〈◊〉 3 0 49 6 34 9 10 3 43 28 39 5 25         1 0 25 0 2 0 36 2 18 0 18             11 0 25 0 2 0 41 1 56 2 34             12 0 26 0 2 0 46 1 19 3 19     The Lunar Aspects . June 1652.   ☉ ♄ ♃ ♂ ♀ ☿ The Plan . mutuall     Occid. Orient Orient . Occid. Occid Aspects . 1       11. 37   18. 5   2     11. 58       ☽ Apog. 3 15. 33     11. 9       4   0. 15     22. 14 〈◊〉 ☽ . 〈◊〉 5     0. 29         6 8. 52 10. 15   15. 37   10. 9 ☉ ☿ 16. 51 7     10. 28   11. 56 Orient   8   21. 39         ♂ ☿ 8. 33 9               10       22. 46 1. 36 16. 5   11 6. 10   20. 29         12               13   6. 40           14         15. 32 17. 46   15 17 46   23. 27 8. 34     ☽ Perig . 16           18. 33 ♀ ☿ 4. 13 17   11. 1   12. 40     ☽ 22. 36 18 0. 25   0. 55     23. 23 ☉ ♃ 20. 6 19   7. 1 Occid. 20. 29 4. 22     20 〈◊〉   6. 1         21   21. 4     11. 6     22               23           12. 23   24     16 39 13. 42 0 17     25 5. 46             26   〈◊〉         ♃ ♂ 16. 3 27               28           18. 6   29     13. 3 17. 50 〈◊〉     30 16. 20           ☽ Apog. 〈◊〉 〈◊〉 motions of the Planets and   ☉ ☽ ♄ ♃ ♂ ♀ ☿ ☊   S A S D S A S D M A   ♋ ♍ ♌ ♑ R. ♋ ♍ . ♊ ♈ 1 19 30 22 58 0 56 6 27 9 49 4 38 29 53 5 22 2 20 26 5 1 〈◊〉 4 6 20 10 29 5 34 1 10 5 18 3 21 23 17 41 1 11 6 13 11 8 6 28 2 29 5 15 4 22 21 0 22 1 19 6 6 11 48 7 22 3 51 5 〈◊〉 5 23 18 12 58 1 26 〈◊〉 59 12 27 8 15 5 16 5 9 6 24 16 25 31 1 34 〈◊〉 52 13 7 9 8 6 43 6 5 7 25 13 8 29 1 41 〈◊〉 45 13 46 10 0 8 13 3 5 8 26 10 21 53 1 49 〈◊〉 39 14 26 10 52 9 44 4 59 9 27 7 5 44 1 56 5 33 15 5 11 43 11 17 4 56 10 28 5 19 47 2 4 5 26 15 44 12 33 12 53 4 〈◊〉 11 29 2 3 58 2 11 5 20 16 23 13 23 14 29 4 50 12 29 59 18 25 2 19 5 14 17 2 14 12 16 6 4 47 13 0 56 3 11 2 26 5 8 17 41 15 0 17 44 4 43 14 1 53 18 16 2 34 5 2 18 20 15 48 19 26 4 40 15 2 51 3 1 2 41 4 56 18 59 16 35 21 8 4 37 16 3 48 18 〈◊〉 2 49 4 50 19 38 17 20 22 52 4 34 17 4 45 2 11 2 56 4 〈◊〉 20 17 18 5 24 36 4 31 18 5 43 〈◊〉 50 3 4 4 39 20 56 18 49 16 21 4 28 19 6 40 0 18 3 12 4 34 21 35 〈◊〉 32 28 7 4 24 20 7 37 12 43 3 19 4 29 22 14 20 14 29 55 4 21 21 8 35 25 55 3 27 4 24 22 53 10 55 1 41 4 18 22 9 32 8 18 3 〈◊〉 4 19 23 32 21 35 3 30 4 15 23 10 29 20 30 3 42 4 14 24 ; 11 22 14 〈◊〉 19 4 12 24 11 27 2 28 3 50 4 9 24 50 22 52 7 8 4 9 25 12 24 14 28 3 57 4 5 25 29 23 28 8 57 4 5 26 13 〈◊〉 26 28 4 5 4 0 26 7 24 3 10 47 4 2 27 14 19 8 18 4 13 3 56 26 46 24 37 12 37 3 59 28 15 17 19 58 4 20 3 52 27 24 25 10 14 28 3 56 29 16 14 〈◊〉 30 4 28 3 48 28 3 25 42 16 19 3 53 30 17 12 13 23 4 35 3 44 28 41 26 12 18 9 3 49 31 18 9 25 31 4 43 3 41 29 18 26 40 20 0 3 46   1 0 27 0 1 0 51 0 29 2 2     11 0 28 0 1 0 55 0 44 0 34     21   28 0 2 0 59 2 10 0 50     The Lunar Aspctes . July 1652.   ☉ ♄ ♃ ♂ ♀ ☿ The Plan mutuall Aspects     Occid. Occid. Orient . Orient . Orient . 1   14. 46       15. 17 ☽ 23. 27 2     2. 15 10. 45     ♃ ☿ .18 . 0 3 8. 33             4   1. 50 12. 53   16. 41 11. 49   5 23. 35     1. 25       6   13. 13           7         2. 49     8     23. 31         9       16 36 11. 41 10. 25 ♀ ☿ 13. 0 10 14. 49 10. 47           11               12             ♂ ☿ 22. 15 13     3. 35 23. 31 19. 41   ☽ Perig . 14 23. 24 Orient       1. 31 ☉ ♄ 19. 13 15   0. 0 2. 51       ☽ 2. 28 16       2. 25   9. 12   17 6. 27 1. 12 6. 1         18       11. 19 7. 20 23. 37   19 16. 17 8. 57           20         18. 17     21     18. 3         22             ♄ ☿ 0. 45 23       9. 46 4. 54     24 19. 30 2. 47       11. 2   25               26     14 50         27             ☽ Apog. 28       15. 17 11. 19 Occid. ☉ ☿ 〈◊〉 29   4. 51 2. 33       ☽ 3. 38 30 7. 12         〈◊〉 17   31   18. 11 16. 7 3. 38       August 1652. A joynt view of the places of the Planet ; and ☊   ☉ ☽ ♄ ♃ ♂ ♀ ☿ ☊   S. A M. D S. A M. D S. A   ♌ ♏ ♌ ♑ R. ♋ ♍ ♌ ♈ 1 19 7 7 50 4 51 3 37 29 58 〈◊〉 7 21 51 3 43 2 20 5 20 38 4 59 3 34 〈◊〉 37 27 32 23 42 3 40 3 21 2 3 34 5 6 3 31 1 15 27 56 25 33 3 37 4 22 0 16 57 5 14 3 28 〈◊〉 〈◊〉 28 18 27 〈◊〉 3 34 5 22 58 29 59 5 21 3 25 〈◊〉 〈◊〉 28 38 29 15 3 30 6 23 55 13 48 5 29 3 23 3 11 28 56 1 6 3 27 7 24 53 28 15 5 36 3 20 3 49 29 〈◊〉 2 57 3 24 8 25 51 12 49 5 43 3 18 4 28 29 29 4 48 3 21 9 26 49 27 29 5 51 3 16 5 6 29 41 6 38 3 18 10 27 47 12 13 5 58 3 14 5 45 29 51 8 28 3 15 11 28 44 27 20 6 5 3 13 0 23 29 59 10 18 3 11 12 29 42 12 16 6 13 3 11 7 2 0 5 12 6 3 8 13 0 40 27 29 6 20 3 10 7 40 0 9 13 52 3 〈◊〉 14 1 48 11 38 6 27 〈◊〉 9 8 19 0 11 15 39 3 〈◊〉 15 2 36 25 37 6 35 3 8 8 57 0 10 17 25 2 59 16 3 34 9 1 6 42 3 7 9 36 0 6 19 12 2 55 17 4 32 22 18 6 49 3 6 10 14 29 52 20 56 2 〈◊〉 18 5 30 5 17 6 57 3 6 10 52 0 0 22 32 2 49 19 6 28 17 55 7 3 3 5 11 31 29 42 24 25 2 46 20 7 27 0 29 7 10 3 5 12 9 29 30 26 7 2 43 21 8 25 11 58 7 〈◊〉 3 5 12 47 29 16 27 48 2 40 22 9 23 23 40 7 24 3 5 23 25 28 59 29 28 2 36 23 10 21 5 25 7 31 3 5 14 3 28 39 1 6 2 33 24 11 19 16 59 7 38 3 6 14 41 28 17 2 43 2 30 25 12 18 28 51 7 41 3 7 15 19 21 53 4 19 〈◊〉 27 26 13 16 10 38 7 52 3 8 25 57 27 27 5 53 2 24 27 14 14 22 16 7 59 3 9 16 34 26 59 7 25 2 21 28 15 13 3 57 8 6 3 11 17 13 26 29 8 56 2 17 29 16 11 16 6 8 21 3 12 17 51 25 57 10 24 1 14 30 17 10 28 39 8 19 3 14 18 28 25 24 11 50 2 11 31 18 8 11 50 8 25 3 16 19 6 24 49 13 14 2 8 Latitude 1 0 29 0 3 1 3 4 2 1 〈◊〉     11 0 30 0 5 1 6 6 5 1 27     21 0 31 0 8 1 9 7 52 0 39     The Lunar Aspects . August 1652.   ☉ ♄ ♃ ♂ ♀ ☿ The Plan . mutuall     Orient Occid. Orient . Occid. Occid. Aspects . 1 23. 52             2       21. 3 14. 38 6. 38   3   4. 25           4 11. 51       21. 21     5     ♂ 5. 48     0. 0   6               7   ♉ 12. 6   ♉ 9. 53 2. 31   ♃ ☿ 4. 47 8 22. 42             9     8. 52     16. 55   10             9 53. ☽ Per 11   13. 38 9. 26 14. 22 4. 21   8. 47 12               13 6. 25 15. 12 10. 15 18. 24       14           8. 51   15 14. 33 20. 17     9. 10   . ☉ ♃ 12 〈◊〉 16       2. 15   21. 4   17     9. 51   13. 55     18 6. 29             19           17. 14   20   14. 24     0. 40     21       1. 45     ♀ ☿ . 17. 3 22     19. 20         23 10. 52               24         21. 〈◊〉   ♃ ♀ 5. 〈◊〉 ☽ Apo 25   18. 4 8. 27     11. 36 ☽ 7. 7 26       11. 5       27     21. 6       ♄ ☿ 9. 20 28 22. 〈◊〉 8. 0           29       3. 13 17. 11     30   17. 48           31 13. 1     14. 27 22 47 3. 16   〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ☊   ☉ ☽ ♄ ♃ ♂ ♀ ☿ ☊   S A M D S D M D M D   ♍ ♐ ♌ ♑ ♌ ♍ ♎ ♈ 1 19 7 〈◊〉 〈◊〉 8 31 3 18 19 43 24 13 14 36 2 5 〈◊〉 20 5 8 4 8 38 3 〈◊〉 28 21 23 37 15 〈◊〉 〈◊〉 1 3 21 4 21 59 8 44 3 23 20 59 23 0 17 12 1 58 〈◊〉 22 2 8 24 8 51 3 26 21 36 22 24 18 4 1 〈◊〉 5 23 1 21 14 8 57 3 29 22 14 21 45 19 〈◊〉 〈◊〉 52 6 24 〈◊〉 6 14 9 3 3 32 〈◊〉 51 21 7 20 37 〈◊〉 〈◊〉 〈◊〉 24 58 21 0 9 10 3 35 23 29 20 30 21 〈◊〉 〈◊〉 46 8 25 57 5 54 9 16 3 39 〈◊〉 6 19 54 22 35 〈◊〉 〈◊〉 9 26 〈◊〉 20 〈◊〉 9 22 3 42 24 〈◊〉 19 19 23 29 〈◊〉 39 10 27 5 5 32 9 28 3 46 25 21 18 45 24 19 〈◊〉 〈◊〉 11 28 5 20 6 9 34 3 50 25 59 18 13 25 〈◊〉 〈◊〉 33 12 29 5 4 0 9 40 3 54 26 36 17 42 25 44 1 〈◊〉 13 0 ♒ 51 17 42 9 46 3 58 27 14 17 13 26 19 1 〈◊〉 14 1 50 0 〈◊〉 9 52 〈◊〉 3 27 51 16 47 26 48 1 23 15 2 49 14 2 9 58 4 7 28 29 16 〈◊〉 27 10 1 〈◊〉 16 3 48 26 29 10 3 4 12 29 6 15 56 27 26 1 17 17 4 47 9 〈◊〉 10 9 4 17 29 44 15 35 27 36 1 〈◊〉 18 5 46 21 7 10 15 4 22 0 〈◊〉 15 15 27 39 1 11 19 6 45 〈◊〉 56 10 20 4 28 0 58 14 58 27 35 1 7 20 7 4 14 〈◊〉 10 〈◊〉 4 33 1 36 14 43 2 25 1 〈◊〉 21 8 〈◊〉 26 7 10 30 4 39 2 13 14 31 27 8 1 〈◊〉 〈◊〉 9 〈◊〉 〈◊〉 58 10 35 4 45 2 50 14 21 26 45 0 〈◊〉 23 10 〈◊〉 19 49 10 40 4 51 3 27 14 13 26 15 0 〈◊〉 24 11 42 1 36 10 45 4 57 〈◊〉 4 14 8 25 38 0 5 25 12 42 13 27 10 50 5 3 4 41 14 6 24 56 0 49 〈◊〉 13 40 25 28 10 55 5 10 5 18 14 6 24 14 0 46 27 14 40 〈◊〉 ♐ 53 11 0 5 16 5 〈◊〉 14 9 23 23 0 43 〈◊〉 15 40 〈◊〉 45 11 5 5 23 6 〈◊〉 14 14 22 31 0 40 29 16 〈◊〉 3 56 11 10 5 30 7 9 14 22 21 37 0 37 30 17 〈◊〉 7 20 11 15 5 37 7 46 14 32 20 42 0 〈◊〉 Latitude for Dayes 1 0 32 0 9 1 12 8 51 0 33     11 0 34 0 11 1 15 8 10 2 2     21 0 35 0 12 1 18 6 29 2 56     The Lunar Aspects . September , 1652.   ☉ ♄ ♃ ♂ ♀ ☿ The Plan . mutuall Aspects .     Orient Occid. Orient . Occid. Occid. 1     15. 7         2 22 28         14. 46   3         1. 51     4   3. 50       21. 45 ☉ ♀ 4. 44 5     20 22 1. 31 Orient .     6         822. 53     7 6. 22   20. 5     ☽ 17. 3 ☽ Perig . 8   5. 1           9     20. 23 6. 1 4. 31 10   6. 18     20. 30     11 15. 46     10. 18       12   10. 24     22. 44     13       17. 56   15. 57   14 1. 19   5. 33         15         4 36     16 16. 13         1. 39 ☉ ♃ 10. 10 17   1. 39           18       19. 34   14. 27 1 19     4. 32         20         0. 23   ☽ 10. 25. ☽ Apog. 21     17. 16       22 3 47 5. 17       ☉ ♄ 22. 23 ☉ 〈◊〉 . 23           14. 50   24   18. 31 8. 36 5. 7       25         0. 37   ♃ ♂ 17 27 26       20. 18       27 12. 22 4. 36     11. 38     28           2. 5   29     3. 8 5. 27 18. 30     30 0. 6         5. 32   October 1652. The position of the Planets and ☊ this Moneth .   ☉ ☽ ♄ ♃ ♂ ♀ ☿ ☊   S A M D S A M A M A   ♎ ♒ ♌ ♑ ♍ ♍ ♎ R ♈ 1 18 〈◊〉 0 56 11 20 5 44 8 23 14 14 〈◊〉 49 0 31 2 19 38 15 3 11 24 5 52 9 0 14 58 18 57 0 28 3 20 38 29 46 11 28 5 59 9 37 15 14 18 8 0 25 4 21 38 14 44 11 32 6 7 10 14 15 32 17 22 0 22 5 22 38 29 55 11 36 6 15 10 51 15 52 16 41 0 19 6 23 37 14 30 11 40 6 23 11 28 16 14 16 6 0 15 7 24 37 29 50 11 44 6 31 12 5 16 38 15 37 0 12 8 25 37 13 51 11 48 6 39 12 41 17 4 15 14 0 9 9 26 37 26 24 11 52 6 48 13 18 17 31 14 57 0 6 10 27 37 10 22 11 56 6 56 13 55 18 0 14 47 0 3 11 28 37 25 51 11 59 7 5 14 31 18 30 14 44 0 0 12 29 37 9 4 12 3 7 14 15 8 19 1 14 47 29 56 13 0 37 21 59 12 7 7 23 15 44 19 34 14 57 29 53 14 1 37 4 43 12 10 7 3 16 21 20 8 15 13 29 50 15 2 37 17 30 12 14 7 41 16 57 20 42 15 36 29 47 16 3 37 29 51 12 17 7 50 17 34 21 20 16 5 29 44 17 4 37 11 51 12 20 8 0 18 10 21 58 16 40 29 41 18 5 37 23 31 12 23 8 10 18 47 22 38 17 20 29 37 19 6 38 5 7 12 26 8 19 19 24 23 〈◊〉 18 6 29 34 20 7 38 16 53 12 29 8 29 20 0 24 2 18 55 29 31 21 8 38 28 52 12 32 8 39 20 37 24 46 19 48 29 28 22 9 38 10 55 12 35 8 49 21 13 25 31 20 46 29 25 23 10 39 22 59 12 〈◊〉 8 59 21 49 26 17 21 47 29 22 24 11 39 5 0 12 40 9 9 22 25 27 4 22 52 29 18 25 12 40 17 28 12 43 9 20 23 1 27 52 23 58 29 15 26 13 40 0 29 12 45 9 30 23 37 28 40 25 11 29 12 57 14 41 13 48 12 47 9 41 24 13 29 29 26 25 29 9 28 15 41 27 24 12 49 9 52 24 49 0 19 27 42 29 6 29 16 42 10 58 12 51 10 3 25 25 1 10 29 2 29 2 〈◊〉 17 42 14 50 12 53 10 14 26 1 2 1 0 24 28 59 31 18 43 8 58 12 54 10 25 26 37 2 52 1 49 28 56   1 0 36 0 13 1 20 4 18 2 2     11 0 38 0 14 1 22 2 17 0 9     21 0 39 0 14 1 24 0 26 1 52     The Lunar Aspctes . October 1652.   ☉ ♄ ♃ ♂ ♀ ☿ The Plan mutuall     Orient . Occid. Orient . Orient . Occid. Aspctes 1   17. 37       Orient . ☉ ☿ 14. 28 2 7. 45         5. 47   3     8. 47 16. 1       4         1. 1     5   19. 42 11. 18       ☽ . 2. 36 6 815. 29         2. 4 ☽ per. 7   18. 41 11. 40 21 27     ♃ ☿ 4. 47 8         4. 58     9   22. 18           10       2. 5 10. 12 3. 17   11 3. 53   20. 25         12       10. 31 18. 1 10. 37   13 16 43             14   13. 55           15           20. 53   16 9. 55   17. 46         17       2. 4 22. 0     18             ☽ 14. 1 19   16. 10 6. 28       ☽ Apog. 20           4. 20   21 21. 8   20. 23       ☉ ♃ 0. 1 22   3. 11   21. 22       23         6. 47     24   13 23           25       10. 26 20. 20 11. 29 ☉ ♄ 1. 7 26     16 16         27 0. 11     18. 12       28         4. 32 0. 25   29 9. 39 3. 3           30           9. 32   31 16. 37   1. 39         Novemb. 1652. The places of the Planets and ☊ at Noon .   ☉ ☽ ♄ ♃ ♂ ♀ ☿ ☊   S A M D S A S A S A   ♏ ♓ ♌ ♑ ♍ ♎ ♏ ♓ 1 19 43 23 56 12 56 10 36 27 13 3 44 3 16 28 53 2 20 44 9 3 12 57 10 47 27 49 4 37 4 45 28 50 3 21 45 24 0 12 58 10 58 28 25 5 31 6 16 28 47 4 22 45 8 34 12 59 11 10 29 1 6 25 7 48 28 43 5 13 46 22 42 13 0 11 21 29 〈◊〉 7 20 9 20 28 40 6 24 47 6 41 13 1 11 33 0 1 8 15 10 53 28 37 7 25 47 20 31 13 2 11 45 0 47 9 12 12 30 18 34 8 26 48 4 4 13 3 11 57 1 23 10 10 14 8 28 31 9 27 49 17 9 13 4 12 9 1 58 11 8 15 46 28 27 10 28 50 29 52 13 4 12 21 2 33 12 6 17 26 28 24 11 29 51 12 19 13 5 12 37 3 9 13 5 19 6 28 21 12 0 52 24 49 13 5 12 45 3 45 14 〈◊〉 20 48 28 18 13 1 53 7 17 13 5 12 57 4 20 15 3 22 29 28 15 14 2 54 19 44 13 5 13 9 4 56 16 3 24 13 28 12 15 3 54 1 39 13 5 13 21 5 3 17 3 25 54 28 〈◊〉 16 〈◊〉 〈◊〉 13 37 13 5 13 33 6 7 18 4 27 38 28 5 17 5 56 25 34 13 4 13 46 6 42 19 4 29 23 28 2 18 6 57 7 34 13 4 13 59 7 18 20 6 1 7 27 59 19 7 58 19 49 13 3 14 12 7 52 21 9 2 53 27 56 20 8 59 2 14 13 3 14 25 8 28 22 1 4 40 27 53 21 10 0 14 50 13 2 14 38 9 3 23 14 6 28 27 49 22 11 2 47 30 13 1 14 51 9 38 24 17 8 13 27 46 23 12 3 10 25 13 0 15 4 10 13 25 20 10 1 27 43 24 13 4 23 53 12 59 15 18 10 48 26 24 11 48 27 40 25 14 5 7 45 12 58 15 30 11 23 27 28 13 36 27 37 26 15 6 21 59 12 56 15 43 11 57 28 32 15 22 27 33 27 16 7 6 19 12 55 15 56 12 32 29 37 17 10 27 30 28 17 8 19 57 12 53 16 9 13 6 0 42 18 59 27 27 29 18 10 4 0 12 51 16 23 13 40 1 48 20 44 7 24 30 19 11 18 40 12 49 16 36 14 15 2 54 22 31 27 21   1 0 41 0 15 1 26 0 36 2 2     11 0 42 0 16 1 27 1 44 1 19     21 0 44 0 16 1 29 2 19 0 19     The Lunar Aspects . November , 1652.   ☉ ♄ ♃ ♂ ♀ ☿ The Plan . mutuall     Orient Occid. Orient Orient Orient Aspects . 1       5. 17 16. 25   ☽ 8. 34 2   7. 38 2. 43       ☽ Perig . 3           22. 26   4   7. 38 4. 23         5 2. 9     13. 0       6   10. 31     2. 36   ♃ ☿ 11. 3 7       〈◊〉     ♄ ♀ 7. 48 8     〈◊〉   12. 5 17. 44   9 19. 52             10       3. 38 23. 40   ♃ ♀ 7. 42 11   1. 25       15. 5 ♄ ♀ 0. 0 12 11. 50             13     11. 39         14           11. 14 ☽ 18. 19 15 4. 27     8. 13     ☽ Apog. 16   1. 0 0. 0   ♂ 9. 49   17               18   10. 49 14. 19       ☉ ♂ 18 26. 19               20 14. 56 〈◊〉   17. 0   5. 29   21         17. 11     22       23. 35       23     ♂ 18. 31       ☉ ♄ 21. 53 24         4. 38     25 10. 26 9. 7   5. 15 2 10. 13 ☉ ♀ 15. 13 26         11. 55 Occid.   27     17. 6     21. 53 ♄ ♂ 15. 3 28 18. 27           ☽ 12. 28 29   14. 50 20. 7 16. 7     ☽ Perig . 30 1. 27         8. 3   December 1652. The dayly motions of the Planets and ☊   ☉ ☽ ♄ ♃ ♂ ♀ ☿ ☊   S A M D S A S A M D   ♐ ♉ ♌ ♑ ♎ ♏ ♐ ♓ 1 20 12 3 31 12 47 16 50 14 48 4 0 24 17 27 18 2 21 13 18 7 12 45 17 3 15 23 5 7 26 5 27 14 3 22 14 2 11 12 43 17 17 15 56 6 13 27 50 27 11 4 23 16 15 45 12 41 17 31 16 31 7 20 19 56 27 8 5 24 17 29 6 12 39 17 44 17 5 8 27 1 22 27 5 6 25 10 12 19 12 36 17 58 17 38 9 34 3 7 27 2 7 26 19 24 19 12 34 18 12 18 12 10 41 4 52 26 59 8 27 21 7 58 12 31 18 25 18 47 11 49 6 37 26 55 9 28 22 20 16 12 28 18 39 19 21 12 56 8 18 26 52 10 29 25 2 19 12 25 18 54 19 55 14 4 10 2 26 49 11 0 25 14 16 12 22 19 27 20 29 15 12 11 42 26 46 12 1 26 26 52 12 19 19 21 21 3 16 20 13 25 26 43 13 2 27 9 25 12 16 19 35 24 37 17 29 15 5 26 36 14 3 28 〈◊〉 50 12 13 19 49 22 10 18 37 16 43 26 39 15 4 30 3 51 12 10 〈◊〉 23 22 44 19 46 18 21 26 33 16 5 31 15 44 12 6 20 16 23 17 20 57 19 59 26 30 17 6 32 28 2 12 3 20 31 23 50 22 4 21 36 26 27 18 7 〈◊〉 10 44 11 59 20 45 24 23 23 13 23 11 26 23 19 8 35 23 40 11 55 20 59 24 56 24 22 24 44 26 20 20 9 36 6 50 11 51 21 13 25 29 25 32 26 15 26 17 21 0 37 20 4 11 47 21 17 26 2 26 〈◊〉 27 44 26 14 22 11 39 3 39 11 43 21 42 26 34 27 51 29 11 26 11 23 12 40 17 40 11 39 21 56 27 7 29 1 0 35 26 8 24 13 41 2 8 11 35 22 10 27 39 0 11 1 58 26 5 25 14 43 16 58 11 31 22 24 28 11 1 21 3 19 26 1 26 15 44 1 33 11 27 22 39 28 43 2 31 4 39 26 58 27 16 45 15 36 11 23 22 53 29 14 3 41 5 55 25 55 28 17 46 29 32 11 18 23 7 29 47 4 52 7 〈◊〉 25 52 29 18 48 〈◊〉 40 11 14 23 22 0 19 6 3 8 19 25 49 30 19 49 27 57 11 9 23 36 0 51 7 13 9 26 25 46 31 20 50 12 0 11 5 23 50 1 23 8 25 10 29 25 42   1 0 46 0 16 1 31 2 40 0 49     11 0 47 0 17 1 32 2 48 1 26     21                         The Lunar Aspects . December , 1652.   ☉ ♄ ♃ ♂ ♀ ☿ The Plan . mutuall     Orient Occid. Orient 〈◊〉 Occid. Aspects 1   15. 4     0. 44     2     0. 20         3   19. 43           4 14. 37     2. 18       5         17. 50 4. 44   6     10. 37 10. 18     ♃ ♂ 〈◊〉 7               8   7. 52   20. 9 8. 19   ♄ ♀ 14. 8 9 15. 27             10           15. 49   11     10. 5   0. 0   ☽ 0. 0 〈◊〉 12 9. 46             13   7. 6 19. 58     12. 36   14       0. 39       15 4. 15 16. 37           16     11. 3   11. 1 11. 49   17               18   1. 48           19       3. 19       20 7. 20             21     2. 3   11. 27 17. 9 ♂ ♀ 21. 45 ♂ ☿ 4. 51 22   11. 57           23       15. 8 20. 26     24 19. 46             25     9. 23       ☽ 15. 18 26   17. 34     2. 39 〈◊〉 ☽ Petig . 27 2. 53   12. 34 0. 26       28   19. 47       13. 57   29 10. 38   17. 39         30         18. 46 23. 37   31   0. 39         ♄ ☿ 13. 32 Courteous Reader , There are these Books either already extant , or in the birth ready to be brought to light , which I thought good to acquaint thee with as fit for thy Reading . 1. THe new Jerusalem , A Sermon composed 〈◊〉 the Society of Astrologers , at their annuall meeting , Aug. 14. 1651. 2. Chyromancy , or Palmestry , or presaging of future event by the lines in the Palm of the Hand , by Capt. George Wharton , an accurate man in Astronomy . 3. Magick and Astrology vindicated , by one H. Warren . 4. An Astrologicall Discourse , proving the influence of the Planets , and fixed Stars , upon Elementary Bodies , and the validity of Astrology justified by that sober and learned Knight Sir Christopher Heidou . 5. A Vindication of Astrology in answer to Doctor Homes , which teacheth by the Booke of the Creatures , what the Wisdom , Power and Excellency of the Creator is . 6. Terasologia , or A Discovery of Gods Wonders manifested in Former and Moderne Times , by bloody Raine and Waters by , I S. 7. Astrologicall Judgment of Diseases , for the decumbiture of the Sick ; Also the manner of finding out the Cause , Change , and end of a Disease , and whether the Sick be likely to live or die , and the time when Recovery or Death is to be expected , the signes of Life or Death , by the body of the sick , partly according to Hypocrates . All sold by Nath , Brookes , at the Angell in Cornbill . Tabula Domorum . Sol in Aries . Time from Noon . Dom. x. Dom. xi . Do. xii . Ascend . Dom. ii . Dom. iii . ♈ ♉ ♊ ♋ ♌ ♍ H. M. S. Gradus . Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. 0 0 0 0 12 37 28 28 26 42 15 54 4 26 0 3 48 1 13 50 29 20 27 23 16 35 5 13 0 7 20 2 14 59 0 10 28 2 17 15 5 59 0 11 0 3 16 8 1 0 28 42 17 56 6 46 0 14 40 4 17 17 1 49 29 21 18 36 7 32 0 18 20 5 18 25 2 39 0 1 19 16 8 89 0 22 0 6 19 32 3 28 0 40 19 56 9 15 0 25 40 7 20 39 4 16 1 20 20 36 9 52 0 29 22 8 21 45 5 5 2 0 21 17 10 39 0 33 0 9 22 51 5 53 2 30 21 57 11 26 0 36 44 10 23 58 6 41 3 19 22 37 12 13 0 40 24 11 25 3 7 29 3 59 23 17 12 59 0 44 4 12 26 7 8 16 4 38 23 57 13 46 0 47 48 13 27 12 9 〈◊〉 5 17 24 39 14 34 0 51 28 14 28 15 9 49 5 57 25 19 15 21 0 55 12 15 29 20 10 35 6 36 26 0 16 9 0 58 52 16 0 22 11 21 7 15 26 40 16 56 1 2 36 17 1 24 12 8 7 55 27 21 17 43 1 6 20 18 2 26 12 54 8 35 28 2 18 31 1 10 4 19 3 28 13 40 9 14 28 43 19 19 1 13 48 20 4 30 14 25 9 5 29 24 20 7 1 17 32 21 5 31 15 10 10 34 0 5 20 55 1 21 16 22 6 30 15 55 11 12 0 46 21 43 1 25 0 23 7 30 16 42 11 52 1 27 22 31 1 28 48 24 8 31 17 26 12 32 2 9 23 19 1 32 36 25 9 32 18 11 13 12 2 51 24 8 1 36 24 26 10 32 18 55 13 52 3 33 24 56 〈◊〉 〈◊〉 12 27 11 32 19 40 14 32 4 15 25 25 〈◊〉 44 〈◊〉 28 12 30 20 26 15 24 4 57 26 34 1 47 48 29 13 30 21 10 15 51 5 38 27 23 〈◊〉 51 36 30 14 26 21 55 16 31 6 20 28 12 Tabula Domorum . Sol in Taurus . Time from Noon . Dom. x. Dom. xi . Do. xii . Ascend . Dom. ii . Dom. iii . ♉ ♊ ♋ ♌ ♍ ♍ H. M. S. Gradus . Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. 1 51 36 0 14 26 21 55 16 31 6 20 20 12 1 55 24 1 15 24 22 38 17 11 7 2 29 1 1 59 16 2 16 21 23 24 17 51 7 45 29 51 2 3 4 3 17 18 12 7 18 31 8 27 0 40 2 6 56 4 18 15 24 52 19 12 9 9 1 29 2 10 48 5 19 12 25 36 19 52 9 52 2 19 2 14 40 6 20 9 26 20 20 32 10 35 8 9 2 18 〈◊〉 7 21 6 27 5 21 13 11 18 8 59 2 22 〈◊〉 8 22 2 27 49 21 54 12 0 4 49 2 26 〈◊〉 9 23 0 28 34 22 35 12 43 5 40 2 30 20 10 23 56 29 17 23 16 13 27 6 30 2 34 16 11 24 52 0 2 23 57 14 〈◊〉 7 20 2 38 12 12 25 48 0 47 24 38 14 54 8 10 2 42 8 13 26 42 1 31 25 19 15 37 9 1 2 46 4 14 27 38 2 15 26 0 16 21 9 52 2 50 4 15 28 33 3 0 26 42 17 5 10 43 2 54 4 16 29 27 3 45 27 24 17 49 11 34 2 53 4 17 0 23 4 29 28 6 18 33 12 26 3 2 4 18 1 19 5 14 28 47 19 17 13 17 3 6 8 19 2 14 5 59 29 30 20 3 14 8 3 10 12 20 3 9 6 45 0 13 20 48 15 0 3 14 12 21 4 3 7 29 0 55 21 32 15 52 3 18 16 22 4 58 8 13 1 37 22 17 16 44 3 22 20 23 5 52 8 59 2 20 23 2 17 35 3 26 24 24 6 45 9 45 3 2 23 47 18 28 3 30 32 25 7 40 10 30 3 46 24 33 19 20 3 34 40 26 8 35 11 16 4 29 25 19 20 13 3 38 48 27 9 29 12 2 5 12 26 4 21 5 3 42 56 28 10 24 12 48 5 55 26 51 21 58 3 47 4 29 11 18 13 32 6 39 27 37 22 50 3 51 12 30 12 12 14 18 7 22 28 22 23 42 Tabula Domorum . Sol in Gemini . Time from Noon . Dom. x Dom. xi . Do. xii . Ascend . Dom. ii . Dom. iii ♊ ♋ ♌ ♍ ♍ ♎ H. M. S. Gradus . Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. 3 51 12 0 12 12 14 18 7 22 28 22 23 42 3 55 24 1 13 6 15 4 8 6 29 9 24 36 3 59 36 2 14 1 15 50 8 50 29 56 25 29 4 3 48 3 14 56 16 36 9 34 0 43 26 22 4 8 0 4 15 51 17 22 10 18 1 30 27 14 4 12 12 5 16 44 18 9 1 3 2 16 28 8 4 16 24 6 17 38 10 56 11 47 3 3 29 1 4 20 36 7 18 32 19 41 12 81 〈◊〉 49 29 54 4 24 52 8 19 27 20 27 13 16 4 37 0 46 4 29 8 9 20 20 21 15 14 1 5 24 1 42 4 33 24 10 21 14 22 1 14 46 6 11 1 36 4 37 40 11 22 8 22 47 15 31 6 59 2 31 4 41 56 12 23 2 23 33 16 16 7 46 4 21 4 46 12 13 23 56 24 21 17 1 8 33 5 18 4 50 32 14 24 51 25 9 17 46 9 21 6 13 4 54 52 15 25 46 25 57 18 32 10 9 7 5 4 59 8 16 26 40 26 42 19 17 10 56 8 0 5 3 28 17 27 34 27 30 20 4 11 45 8 53 5 7 48 18 28 28 28 19 20 49 12 32 9 47 5 12 8 19 29 22 29 6 21 5 13 20 10 41 5 16 28 20 0 16 ●9 54 22 22 14 8 11 36 5 20 48 21 1 11 0 41 23 6 14 56 12 30 5 25 8 22 2 5 1 28 23 51 15 40 13 24 5 29 28 23 2 59 2 16 24 37 16 32 14 18 5 33 48 24 3 53 3 4 25 23 17 19 15 13 5 38 12 25 4 48 3 52 26 9 18 8 16 8 5 42 32 26 5 41 4 41 26 55 18 56 17 2 5 46 52 27 6 37 5 28 27 41 19 44 17 55 5 51 12 28 7 31 6 16 28 27 20 32 18 49 5 55 36 29 8 26 7 4 29 13 21 20 19 4 6 0 0 30 9 21 7 52 30 0 22 9 20 39 Tabula Domorum . Sol in Cancer . Time from 〈◊〉 . x. Dom. xi . Do. xii . Ascend . Dom. ii . Dom. iii . ♋ ♌ ♍ ♎ ♎ ♏ H. M. S. Gradus . Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. 6 0 0 0 9 21 7 52 0 0 22 29 20 36 6 4 24 1 10 16 8 41 0 47 22 57 21 34 6 8 48 2 11 11 9 30 1 33 23 46 22 29 6 13 8 3 12 〈◊〉 10 18 2 19 24 33 23 24 6 17 28 4 12 59 11 5 3 5 25 21 24 18 6 21 48 5 13 52 11 53 3 51 26 8 25 13 6 26 12 6 14 48 12 41 4 37 26 57 26 7 6 30 32 7 15 42 13 29 5 23 27 44 27 1 6 34 〈◊〉 8 16 35 14 17 6 9 28 32 27 54 6 39 12 9 17 19 15 4 6 55 29 20 28 49 6 43 52 10 18 23 15 52 7 40 0 0 29 44 6 47 52 11 19 18 16 41 8 26 0 55 0 39 6 52 12 12 20 13 17 28 9 12 1 43 1 33 6 56 32 13 21 7 18 16 9 57 2 30 2 27 7 0 52 14 22 0 19 4 10 43 3 18 3 21 7 〈◊〉 8 15 22 54 19 51 11 28 4 5 4 15 7 9 8 16 23 49 20 40 12 14 4 52 5 10 7 13 48 17 24 43 21 27 12 59 5 40 6 4 7 18 4 18 25 36 22 15 13 45 6 26 6 58 7 22 20 19 26 29 23 2 14 30 7 13 7 53 7 26 36 20 27 24 23 50 15 14 8 0 8 47 7 30 52 21 28 68 24 36 15 59 8 46 9 41 7 35 8 22 29 12 25 25 16 44 9 33 10 35 7 39 24 23 0 6 26 11 17 29 10 20 11 29 7 43 36 24 1 0 26 57 18 14 11 5 12 23 7 47 48 25 1 52 27 45 18 52 11 52 13 17 7 52 10 26 2 44 28 31 19 42 12 38 14 11 7 56 12 27 3 38 29 18 20 16 13 24 15 5 8 0 26 28 5 31 0 5 21 10 14 11 15 59 8 4 36 29 5 24 0 52 21 54 14 57 16 54 8 48 30 6 18 1 39 22 38 15 57 17 49 Tabula Domorum . Sol in Leo . Time from Noon Dom. x. Dom. xi . Dom. xii Ascend . Dom. ii . Dom. iii ♍ ♎ ♎ ♏ ♐ ♑ H. M. S. Grad. Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. 8 8 48 0 6 18 1 39 22 38 15 43 17 49 8 12 56 1 7 10 2 24 23 22 16 28 18 43 8 17 4 2 8 3 3 11 24 5 17 14 19 37 8 21 17 3 8 55 3 57 24 48 18 0 20 31 8 25 20 4 9 48 4 41 25 32 18 45 21 26 8 29 28 5 10 41 5 28 26 16 19 31 22 21 8 33 36 6 11 33 6 14 26 58 20 16 23 15 8 37 40 7 12 25 6 59 27 41 21 1 24 9 8 41 44 8 13 16 7 44 28 23 21 36 25 3 8 45 48 9 14 9 8 29 29 6 22 31 25 58 8 49 48 10 15 0 9 13 29 42 23 16 26 52 8 53 57 11 15 57 〈◊〉 57 0 30 24 1 27 47 8 57 56 12 16 43 10 43 1 13 24 46 28 42 9 1 56 13 17 35 11 28 1 55 25 31 29 〈◊〉 9 5 56 14 18 67 12 12 2 36 26 16 0 52 9 9 56 15 19 17 12 57 3 18 27 1 1 28 9 13 56 16 20 9 13 40 4 0 27 46 2 23 9 17 52 17 20 50 14 24 4 41 28 30 3 18 9 21 48 18 21 50 15 7 5 22 29 14 4 14 9 25 44 19 22 40 15 50 6 4 29 59 5 6 9 29 40 20 23 30 16 34 6 45 0 44 6 5 9 33 36 21 24 21 17 17 7 26 1 28 7 1 9 37 32 22 25 11 18 1 8 6 〈◊〉 12 7 58 9 41 24 23 26 〈◊〉 18 44 8 47 2 56 8 54 9 45 20 24 26 52 19 27 9 28 3 40 9 51 〈◊〉 49 12 25 27 41 20 10 10 8 4 24 10 48 9 53 4 26 28 31 20 53 10 48 5 8 11 46 9 56 56 27 29 17 21 36 11 29 5 53 12 43 10 0 44 28 0 10 22 17 12 9 〈◊〉 37 13 39 10 4 36 29 0 59 22 59 12 50 7 22 14 37 10 8 24 30 1 48 23 〈◊〉 13 30 8 6 5 43 Tabula Domorum Sol in Virgo . Time from Noon . Dom. x Dom. xi . Do. xii . Ascend . Dom. 〈◊〉 . Dom. 〈◊〉 . ♍ ♎ ♎ ♏ ♐ ♑ H. M. S. Gradus . Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. 10 8 24 0 1 48 23 41 13 30 8 6 15 34 10 12 12 1 2 37 24 23 14 9 3 51 16 31 10 16 0 2 3 26 25 6 14 49 9 35 17 30 10 19 48 3 4 15 25 46 15 29 10 20 18 29 10 23 36 4 5 4 26 28 16 9 11 〈◊〉 19 29 10 27 24 5 5 53 27 11 16 48 11 50 20 29 10 31 12 6 6 41 27 53 17 28 12 35 21 29 10 35 0 7 7 30 28 〈◊〉 18 9 13 21 22 30 10 38 44 8 8 〈◊〉 29 15 18 48 14 6 23 30 10 42 28 9 9 5 29 57 19 27 14 51 24 30 10 46 12 10 9 53 0 37 20 6 15 36 25 31 10 49 56 11 10 41 1 18 20 48 16 22 26 32 10 53 40 12 11 29 1 59 21 26 17 9 27 35 10 57 24 13 12 17 2 40 22 5 17 54 28 36 11 1 8 14 13 5 3 21 22 45 18 40 29 39 11 4 48 15 13 52 4 1 23 24 19 25 0 41 11 8 32 16 14 39 4 42 24 4 20 12 1 45 11 12 12 17 15 26 5 22 24 43 20 58 2 49 11 15 56 18 16 14 5 3 25 23 21 46 3 53 11 19 36 19 17 1 6 43 26 2 22 32 4 58 11 23 16 20 17 48 7 23 26 41 23 19 6 3 11 27 0 21 18 35 8 4 27 22 24 8 7 10 11 30 40 22 19 22 8 44 28 1 24 56 8 16 11 34 20 23 20 9 9 24 28 40 25 44 9 21 11 38 0 24 20 56 10 5 29 20 26 33 10 28 11 41 40 25 21 42 10 45 29 59 27 22 11 36 11 45 2 26 22 28 11 24 0 39 28 11 12 44 11 49 0 27 23 15 12 5 1 19 29 0 13 52 11 52 40 28 24 1 12 46 2 2 9 491 15 2 11 56 20 29 24 48 13 26 2 39 0 41 16 12 12 0 40 30 25 34 14 6 3 19 1 32 17 22 Tabula Domorum . Sol in Libra . Time from Noon . Dom. x. Dom. xi . Do. xii . Ascend . Dom. ii . Dom. 〈◊〉 . ♎ ♎ ♏ ♐ ♑ ♒ H. M. S Gradus . Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. 12 0 0 0 25 34 14 6 3 19 1 32 17 22 12 3 48 1 26 20 14 46 3 59 2 24 18 23 12 7 20 2 27 6 15 28 4 40 3 15 19 44 12 11 0 3 27 52 16 7 5 20 4 7 20 56 12 14 40 4 28 39 16 47 6 2 5 1 22 8 12 18 20 5 29 26 17 28 6 43 5 55 23 21 12 22 0 6 0 12 18 8 〈◊〉 24 6 49 24 36 12 25 40 7 0 59 18 49 8 5 7 44 25 51 12 29 20 8 1 45 19 29 8 46 8 39 27 5 12 33 0 9 2 31 20 10 9 28 9 34 28 20 12 36 44 10 3 19 20 51 10 10 10 32 29 37 12 40 24 11 4 5 21 31 10 52 11 30 0 53 12 44 4 12 4 52 22 12 11 35 12 28 2 11 12 47 48 13 5 38 22 54 12 38 13 27 3 29 12 51 28 14 6 25 23 34 12 59 14 26 4 46 12 55 12 15 7 11 24 16 13 43 25 27 6 6 12 58 52 16 7 57 24 57 14 26 16 28 7 24 13 2 36 17 8 44 25 39 15 10 17 30 8 44 13 6 20 18 9 28 26 20 15 〈◊〉 18 32 10 4 13 10 4 19 10 15 27 2 16 39 19 37 11 26 13 13 48 20 11 2 27 44 17 23 20 44 12 49 13 17 32 21 11 50 28 26 18 8 21 50 14 10 13 21 16 22 12 36 29 8 18 54 〈◊〉 59 15 32 13 25 0 23 13 23 29 49 19 39 24 6 16 54 13 28 48 24 14 10 0 33 20 26 25 17 18 21 13 32 36 25 14 57 1 16 21 〈◊〉 26 28 19 45 13 36 24 26 15 44 1 57 22 1 27 41 21 9 13 40 12 27 16 33 2 43 22 49 〈◊〉 57 22 35 13 44 0 28 17 29 3 26 3 37 0 11 24 0 13 47 48 29 18 7 4 〈◊〉 〈◊〉 26 1 27 25 26 13 51 36 30 18 54 4 51 25 15 2 44 26 51 Tabula Domorum . Sol in Scorpio . Time from Noon . Dom. x. Dom. xi . Do. xii . Ascend . Dom. ii . Dom. 〈◊〉 . ♏ ♏ ♐ ♐ ♒ ♓ H. M. S Gradus . Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. 13 51 36 0 18 〈◊〉 4 51 25 15 2 43 26 51 13 35 24 1 19 42 5 41 26 5 3 59 28 17 13 59 16 2 20 30 6 19 26 56 5 25 29 44 14 3 4 3 21 18 7 4 27 47 6 49 1 9 14 6 56 4 22 0 7 49 28 39 8 13 2 30 14 10 48 5 22 54 8 34 29 39 9 38 4 0 14 14 40 6 23 43 9 20 0 24 11 6 5 28 14 18 36 7 24 31 10 6 1 11 12 34 6 56 14 22 28 8 25 21 10 52 2 13 14 7 8 24 14 26 26 9 26 9 11 38 3 10 15 40 9 51 14 30 20 10 26 〈◊〉 12 25 4 6 17 15 11 19 14 34 16 11 27 47 13 12 5 3 18 52 12 47 14 38 12 12 28 37 13 59 6 1 20 31 14 15 14 42 8 13 29 26 14 47 7 0 22 12 15 41 14 46 4 14 0 12 15 35 0 0 23 53 17 9 14 50 4 15 1 6 16 〈◊〉 9 2 25 〈◊〉 18 37 14 54 4 16 1 56 17 14 10 6 27 16 20 4 14 58 4 17 2 46 18 3 11 9 19 15 21 30 15 2 4 18 3 36 18 52 12 14 1 6 22 56 15 6 8 19 4 27 19 41 13 21 2 57 24 23 15 10 12 20 5 19 20 23 14 29 4 53 25 49 15 14 〈◊〉 21 6 10 21 24 15 37 6 49 27 14 15 18 16 22 7 1 22 14 16 46 8 47 28 39 15 22 20 23 7 53 23 7 17 58 10 42 0 4 15 26 24 24 8 44 24 0 19 11 12 48 1 28 15 30 32 25 9 36 24 54 20 27 14 52 2 52 15 34 40 26 10 29 25 48 21 43 16 58 4 17 15 38 48 27 11 21 26 43 23 3 19 4 5 44 15 42 51 28 12 15 27 38 24 24 21 11 7 3 15 47 4 29 13 15 28 38 25 47 23 18 8 25 15 51 12 30 14 0 29 30 27 10 25 25 9 47 Tabula Domorum . Sol in Sagitary . Time from Noon . Dom. x. Dom. xi . Do. xii . Ascend . Dom ii . Dom. iii . ♐ ♐ ♐ ♑ ♓ ♉ H. M. S gradus . Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. 15 51 12 0 14 0 29 30 27 10 25 25 9 47 15 55 24 1 14 52 0 〈◊〉 28 37 27 36 11 9 15 59 36 2 15 43 1 27 0 6 29 48 12 30 16 3 48 3 16 44 2 26 1 37 2 0 13 51 16 8 0 4 17 38 3 25 3 11 4 11 15 11 16 12 12 5 18 33 4 24 4 38 6 21 16 03 16 16 〈◊〉 6 19 28 5 27 6 27 8 31 17 49 16 20 36 7 20 23 6 29 8 8 10 38 19 6 16 24 52 8 21 20 7 32 9 52 12 48 20 24 16 29 〈◊〉 9 22 16 8 36 11 40 14 58 21 41 16 33 〈◊〉 10 23 15 9 40 13 30 17 6 22 58 16 37 〈◊〉 11 24 9 10 45 15 20 19 14 24 14 16 41 56 12 25 5 11 53 17 19 21 24 25 30 16 46 12 13 16 3 13 1 19 18 23 23 26 11 16 50 32 14 27 1 14 11 21 20 25 28 27 59 16 54 52 15 28 0 15 22 23 30 27 30 29 14 16 59 〈◊〉 16 28 59 16 32 25 32 29 29 0 26 17 3 28 17 29 57 17 45 27 44 1 27 1 33 17 7 〈◊〉 18 0 58 18 57 29 58 3 5 2 50 17 12 4 19 1 57 20 15 2 17 5 21 4 2 17 16 28 20 2 58 21 31 4 38 7 11 5 13 17 20 48 21 3 58 22 50 7 0 9 4 6 23 17 25 8 22 5 0 24 9 9 24 10 55 7 33 17 29 28 23 6 2 25 29 11 53 12 41 8 42 17 33 52 24 7 4 26 50 14 32 14 26 9 51 17 38 12 25 8 8 28 16 16 59 16 〈◊〉 11 0 17 42 32 26 9 11 29 43 19 3 17 51 12 8 17 46 52 27 10 14 1 8 22 5 19 30 13 14 17 51 12 28 11 18 2 35 24 39 21 6 14 20 17 55 36 29 12 23 4 6 27 20 22 43 15 26 18 0 0 30 13 28 5 40 30 0 24 19 16 32 Tabula Domorum . Sol in Capricorn . Time from Noon . Dom. x. Dom. xi . Do. xii . Ascend . Dom. ii . Dom. iii . ♑ ♑ ♒ ♓ ♉ ♊ H. M. S Gradus . Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. 19 0 0 0 13 28 5 40 30 0 24 19 16 32 18 4 24 1 14 34 7 18 2 37 25 53 17 38 18 8 48 2 15 48 8 54 5 19 27 25 18 42 18 13 8 3 16 45 10 30 7 55 28 53 19 46 18 17 20 4 17 51 12 9 10 29 0 20 20 50 18 21 48 5 19 0 13 44 13 2 1 44 21 53 18 26 12 6 20 10 15 35 15 37 3 9 22 56 18 30 〈◊〉 7 21 19 17 20 18 7 4 31 23 58 18 34 52 8 22 28 19 7 20 35 5 52 25 0 18 39 12 9 23 38 20 55 23 0 7 10 26 1 18 43 32 10 24 47 22 〈◊〉 25 22 8 29 27 2 18 47 52 11 25 57 24 40 27 43 9 46 28 2 18 52 12 12 27 10 26 37 30 0 11 1 29 2 18 56 〈◊〉 13 28 23 28 36 2 16 12 16 0 2 19 0 52 14 29 33 0 33 4 27 13 28 1 2 19 5 8 15 0 47 2 30 6 33 14 38 2 0 19 9 28 16 2 1 4 32 8 39 15 49 2 59 19 12 48 17 〈◊〉 17 6 37 10 43 16 59 3 58 19 18 〈◊〉 18 4 30 8 41 12 42 18 8 4 55 19 22 20 19 5 46 10 48 14 40 19 14 5 51 19 26 36 20 7 1 12 52 16 31 20 20 6 48 19 30 52 21 8 19 15 0 18 20 21 24 7 44 19 35 〈◊〉 22 9 34 17 8 20 5 22 28 8 39 19 39 〈◊〉 23 10 53 19 23 21 52 23 32 9 37 19 43 36 24 12 11 21 31 23 33 24 34 10 32 19 47 48 25 13 10 23 45 25 13 25 35 1 27 19 52 0 26 14 47 25 51 26 49 26 35 12 22 19 56 12 27 16 9 28 0 28 22 27 35 13 17 20 0 24 28 17 〈◊〉 0 13 29 53 28 34 14 12 20 4 36 29 18 53 2 25 1 23 29 33 15 6 20 8 48 30 20 〈◊〉 4 35 2 50 0 30 16 0 Tabula Domorum . Sol in Aquary . Time from Noon Dom. x. Dom. xi . Do. xii . Ascend . Dom. ii . Dom. iii . ♒ ♒ ♈ ♊ ♋ ♋ H. M. S Gradus . Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. 20 8 48 0 22 11 4 35 2 50 0 30 16 0 20 12 56 1 21 34 6 44 4 14 1 26 16 53 20 17 4 2 22 54 8 52 5 37 2 22 17 46 20 21 12 3 24 19 10 58 6 58 3 17 18 39 20 25 20 4 25 44 13 2 8 17 4 12 19 31 20 29 18 5 27 9 15 8 9 33 5 6 20 22 20 33 36 6 28 33 17 12 10 49 6 0 21 14 20 37 40 7 29 52 19 14 12 3 6 53 22 7 20 41 44 8 1 21 21 14 13 14 7 46 22 59 20 45 48 9 2 49 23 13 14 24 8 37 23 50 20 49 48 10 4 13 25 8 15 32 9 28 24 41 20 53 52 11 5 37 27 2 16 40 10 19 25 32 20 57 56 12 7 5 〈◊〉 57 17 46 11 9 26 23 21 1 56 13 8 30 0 47 18 53 11 59 27 14 21 5 56 14 9 56 2 32 19 56 12 49 28 4 21 9 56 15 11 22 4 21 20 58 13 38 28 54 21 13 56 16 12 53 6 7 22 0 14 26 29 44 21 17 52 17 14 18 7 45 3 0 15 14 0 34 21 21 48 18 15 44 9 30 23 59 16 2 1 22 21 25 44 19 17 11 11 9 24 58 16 49 2 13 21 29 40 20 18 42 12 47 25 55 17 36 3 4 21 33 36 21 20 8 14 21 26 51 18 22 3 51 21 37 32 22 21 34 15 57 27 47 16 9 4 40 21 41 24 23 23 1 17 25 28 41 19 55 5 28 21 45 20 24 24 30 18 56 29 36 20 42 6 17 21 49 12 25 25 57 20 23 0 29 21 26 7 6 21 53 4 26 27 24 21 47 1 22 22 11 7 54 21 56 51 27 28 51 23 12 2 14 22 56 8 43 22 0 44 28 0 17 24 36 3 5 3 40 9 30 22 0 36 29 1 44 26 0 3 56 24 25 10 18 22 8 24 30 3 9 27 17 4 45 25 0 11 6 Tabula Domorum . Sol in Pisces . Time from Noon Dom. x. Dom. xi . Do. xii . Ascend . Dom. ii . Dom. iii . ♓ ♈ ♉ ♋ ♋ ♌ H. M. S Gradus . Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. Gr. Mi. 22 8 24 0 3 9 27 17 4 45 25 11 11 6 22 12 12 1 4 35 28 34 5 35 25 52 11 54 22 16 0 2 6 0 29 52 6 23 26 35 12 41 22 19 48 3 7 26 1 6 7 12 27 18 13 28 22 23 36 4 8 51 2 32 8 0 28 2 14 15 22 27 24 5 10 15 3 32 8 48 28 44 15 3 22 51 12 6 11 45 4 43 9 31 29 28 15 50 22 35 0 7 13 2 5 57 10 22 0 11 16 36 22 38 43 8 14 29 7 2 11 7 0 53 17 23 22 42 28 9 15 50 8 10 11 52 1 35 18 10 22 46 12 10 17 12 9 16 12 37 2 17 18 57 22 49 56 11 18 34 10 24 13 23 2 56 19 44 22 53 40 12 19 56 11 27 14 7 3 40 20 31 22 57 25 13 21 16 12 31 14 54 4 21 21 18 23 1 8 14 22 36 13 33 15 37 5 3 22 4 23 4 48 15 23 55 14 34 16 17 5 44 22 50 23 8 32 16 25 15 15 35 17 1 6 26 23 37 23 12 12 17 26 31 16 34 17 44 7 7 24 23 23 15 56 18 27 52 17 33 18 26 7 48 25 9 23 19 36 19 29 7 18 32 19 9 8 29 25 55 23 23 16 20 0 26 19 29 19 52 9 10 26 42 23 27 0 21 1 40 20 26 20 33 9 52 27 29 23 30 42 22 2 55 21 22 21 15 10 32 28 15 23 34 20 23 4 10 22 16 21 56 11 12 29 2 23 38 0 24 5 25 23 11 22 37 11 53 29 48 23 41 40 25 6 38 24 5 23 18 12 33 0 35 23 45 20 26 7 51 24 59 23 59 13 13 1 21 23 49 9 27 9 4 25 54 24 39 13 54 2 7 23 52 40 28 10 16 26 46 25 21 14 34 2 55 23 56 20 29 11 28 27 37 26 2 15 14 3 44 24 0 0 30 12 37 28 28 26 42 15 54 4 26 A Table of the Essentiall Dignities of the Planets according to Ptolomy . Signes . Houses of the Planets . Exaltation . Triple● city of the Plan . The Termes of the Planets . The faces of the Planets . Detriment . Fall . Di. Noc . ♈ ♂ D ☉ 19 ☉ ♃ ♃ 6 ♀ 14 ☿ 21 ♂ 26 ♄ 30 ♂ 10 ☉ 20   30 ♀ ♄ ♉ ♀ N ☽ 3 ♀ ☽ ♀ 8 ♀ 12 ♃ 22 ♄ 26 ♂ 30 ☿ 10 ☽ 20 ♄ 30 ♂   ♊ ☿ D ☊ 〈◊〉 ♄ ♀ ☿ 7 ♃ 74 ♀ 2 ♄ 25 ♂ 30 ♃ 10 ♂ 20 ☉ 30 ♃   ♋ ☽ ND ♃ 15 ♂ ♂ ♂ 6 ♄ 13 ☿ 20 ♀ 27 ♄ 30 ♀ 10 ☿ 20 ☽ 30 ♄ ♂ ♌ ☉ ND     ☉ ♃ ♄ 6 ☿ 13 ♀ 19 ♃ 25 ♂ 30 ♄ 10 ♃ 20 ♂ 30 ♄   ♍ ☿ N ☿ 15 ♀ ☽ ☿ 7 ♀ 13 ♃ 18 ♄ 〈◊〉 ♂ 30 ☉ 10 ♀ 20 ☿ 30 ♃ ♀ ♎ ♀ D ♄ 21 ♄ ☿ ♄ 6 ♀ 11 ♃ 19 ♀ 24 ♂ 30 ☽ 10 ♄ 20 ♃ 30 ♂ ☉ ♏ ♂ N     ♄ ☿ ♂ 6 ♃ 14 ♀ 21 ☿ 27 ♄ 30 ♂ 10 ☉ 20 ♀ 30 ♀ ☽ ♐ ♃ D ☊ 3 ♂ ♂ ♃ 8 ♀ 44 ☿ 19 ♄ 25 ♂ 30 ☿ 10 ☽ 20 ♄ 30 ☿   ♑ ♄ N ♂ 20 ☉ ♃ ♀ 6 ☿ 12 ♃ 19 ♂ 25 ♄ 30 ♃ 10 ♂ 20 ☉ 30 ☽ ♃ ♒ ♄ D     ♀ ☽ ♄ 6 ♀ 12 ♀ 20 ♃ 25 ♂ 30 ♀ 01 ☿ 20 ☽ 30 ☉   ♓ ♃ N ♀ 27 ♂ ♉ ♀ 8 ♃ 14 ☿ 20 ♂ 26 ♄ 30 ♄ 10 ♃ 20 ♂ 30 ☿ ☿ Whosoever hath occasion for any sort of Mathematicall Instruments for Sea or Land , may be furnished at the 3. Daggers in Moore-fields neere Bedlam Gate , By Walter Hayes . EPILOGVS . Of the Faces of the Signes . THat the faces of the signs have significations is aparent , and that none have as yet written of them in English is as true , therefore here having got a little spate paper I shall fill it up with them , 〈◊〉 . Angelus hath cut convenient Images for them , which although they very fitly expresse their significations , I shall here omit . The first face of Aries is the face of Mars , and signifies boldnesse , fortitude , perferment and immodesty , it is compleat and strong in its properties and vertues . The second face is the face of the Sun , and signifies nobility and Preferment , Rule and Dominion . The third face is the face of Venus , and signifies Women , and their skill in manuall operation and trades belonging to that Sex , curtesies , play , joy and mirth . The first face of Taurus is Mercuries , and is compleat in his nature , is good to plow , sow and build , to frequent the company of Lawyers , learned and wise Men , to measure and divide Land , to practice Geometry . The second face is belonging to the Moone , and signifies power , nobility and honour , to spoyl towns , and dispeople them , and bring great necessity upon people . The third face is the face of Saturne , and signifies misery , bandage , slavery , necessity , want , and vilenes . The first face of Gemini is Jupiters , and is compleat in its nature , and signifies writing , casting of account , receiving and paying monies , delivering petitions and exersizing such feats of wit by which little mony is gotten . The second is the face of Mars , and signifies oppression and labour , obtaining things by much study and difficulty , and if it 〈◊〉 any at all it is knavish wit . The third is the face of the Sun , and signifies forgetsulnes , disdain , jesting and playing . The first face of Cancer is the face of 〈◊〉 , compleat in its owne nature , and signifies strength and sensibility , community , subtilty and favour of the men they desire . The second is the face of Mercury , and signifies 〈◊〉 , jesting and playing with women , riches and fruitfulnesse . The third face belongs to the Moone , and signifies huating , 〈◊〉 of them that fly , and obtaining goods , by fighting , quarrelling and contrarying men in their humors . The first face of Leo belongs to Saturne , and is compleat in form , fignifies cruelty , evill deeds , violence , boldnesse , lust , and many 〈◊〉 businosses , which must be born , will he nill he . The second face is the face of Jupiter ; and signifies braulings that a man never thought of , misery and necessity , base men get the victory over their betters before they are aware of it , and it gives occasion of fighting and blood-shed . The third is the face of Mars , and signifies love and society , it avoids strife , and men will be loath to part from their own . The first face of the virgin belongs to Sol , and is the faceof plowing and sowing , planting and gathering riches , pleasing the fancy , and cherishing the body The second face of Virgo , is the face of Venus , and signifies getting gain and substance , a greedy desire after wealth , a covetous disposition , seeking help of other people to advance himselfe . The third is the face of Mercury , and signifies old age and weaknesse , sloathfulnes and infirmity , rooting up trees and unpeopling Countries . The first face of Libra belongs to the Moon , and signifies justice , law and truth , it helps the poor and delivers him out of the clutches of the rich , and is compleat both in figure and nature . The second is the face of Saturne , and signifies rest , plentifulnes , quietnes , a good peaceable secure life . The third face belongs to Jupiter , and signifies lust , sodomy , evill company , singing and jollity . The first face of Scorpio is the face of Mars , and is compleat in figure and nature , it signifies wrangling , sicknes and deceit , sadnes , destruction and way-laying , or private cunny-catching . The second is the face of the Sun , and is a wrangling , quarrelling , scolding , mischief-sowing , seditious , vexatious face . The third belongs to Venus , and signifies violence , drunkennesse , war and fornication . The first face of Sagitarius belongs to Mercury , and gives signification of boldnes , liberty and war . The Moon claims the second face which signifies fear and weeping , lamentation , and bodily sorrow . The third is the face of Saturn , and signifies a man extream , selfish , one that will have his own will though to pull down houses subtile for himselfe , and walks contrary to every body , quick witted to every thing that is bad , but in good things hee moves as though He drew a milstone at his tayle . The first face of Capricorn is the face of Jupiter compleat in figure and nature , and signifyes a joyfull life , wandering and travailing , gain and losse , an intermixed life . The second is the face of Mars , and signifies searching after such things as will never be found out , and studying after such things as will never be attained . The third face belongs to the Sun , and makes a man covetous and desirous of rule , and soveraignty . The first face of Aquary is the face of Venus , and signifies continuall anxiety after gain , the man is never at rest , but alwayes full of labour and pains-taking ; and much adoe he hath to keep buckle and thong together . The second is the face of Mercury , and gives beauty , understanding and modesty , a fine courteous disposition , modest , and not much given to anger , of good condition , compleat in forme , and one that loves liberty . The third face the Moon claims dominion of , and signifies brawling , scolding and quarreling . The first face of Piscos is the face of Saturne , compleat in figure and nature , is of many thoughts & as many journeys , often shifting from place to place , very diligent to get him a name , and an estate . The second is the face of Jupiter , and is of an aspiring braine , a creature that aimes at no small matters . Mars claims the third face in which he delights much in wenches , fornication , whoredome and pleasure . These things I thought good here to set down , because I account them necessary in astrologicall judgments , and also have found them verified in the nativiti s of many people . And for further satisfaction let them see my Booke called , An Astrologicall judgement of Diseases , from the decumbiture of the sick : Also , the manner of finding out the cause , change and end of a Disease , And whether the sick be likely to live or die , and the time when recovery or death is to be expected : to which is added the signes of Life or Death by the body of the sick party , according to the judgement of Hypocrates . FINIS . A57590 ---- The secrets of government and misteries of state plainly laid open, in all the several forms of government in the Christian world / published by John Milton, Esq. Cabinet-council Raleigh, Walter, Sir, 1552?-1618. 1697 Approx. 250 KB of XML-encoded text transcribed from 124 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A57590 Wing R187 ESTC R226476 12383192 ocm 12383192 60793 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A57590) Transcribed from: (Early English Books Online ; image set 60793) Images scanned from microfilm: (Early English books, 1641-1700 ; 224:28) The secrets of government and misteries of state plainly laid open, in all the several forms of government in the Christian world / published by John Milton, Esq. Cabinet-council Raleigh, Walter, Sir, 1552?-1618. Milton, John, 1608-1674. [9], 238 p. s.n.], [London : 1697. Written by Walter Raleigh. Cf. NUC pre-1956. First published in 1658 as: The cabinet-council: containing the cheif arts of empire, and mysteries of state. Place of publication from Wing. Advertisement: p. [9]. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Political science -- Early works to 1800. Monarchy -- Early works to 1800. 2000-00 TCP Assigned for keying and markup 2001-08 Apex CoVantage Keyed and coded from ProQuest page images 2001-09 TCP Staff (Michigan) Sampled and proofread 2001-10 TCP Staff (Michigan) Text and markup reviewed and edited 2001-11 pfs Batch review (QC) and XML conversion THE Secrets of Government , AND Misteries of State , Plainly laid open , in all the several Forms of Government IN THE CHRISTIAN WORLD . Published by JOHN MILTON , Esq Printed in the Year , 1697. TO THE READER . HAving had the Manuscript of this Treatise , Written by Sir Walter Raleigh , many Years in my Hands , and finding it lately by chance among other Books and Papers , upon reading thereof , I thought it a kind of Injury to withhold longer the Work of so Eminent an Author from the Publick ; it being both answerable in 〈◊〉 to other Works of his already Extant , as far as the Subject would permit , and given me for a true Copy by a Learned Man at his Death , who had Collected several such Pieces . John Milton . THE Principal Contents . CHAP. I. THE Desinition and Division of Publick Weales and Sovereign States , according to their several Species or Kinds Page 1 Chap. 2. Of Sovereign or Monarchick Government , with its Essential Marks and Specifical Differences P. 3 Chap. 3. Of Monarchies Seignioril , exemplisied in the Turkish and West-Indian Empire P. 6 Chap. 4. Of Monarchies Royal , with the Means to maintain them P. 8 Chap. 5. Of Monarchies Tyrannical P. 11 Chap. 6. Of New-found Monarchies and Principalities , with the Means to 〈◊〉 them P. 12 Chap. 7. Of Councils and Counsellors in general P. 17 Chap. 8. Of Councils in some particular Monarchies , Aristocraties and Democraties P. 18 Chap. 9. Of Officers and Commissioners , with their respective Distinctions P. 21 Chap. 10. Of Magistrates , their Qualifications and Elections P. 22 Chap. 11. Observations intrinsically concerning every Publick State in Points of Justice , Treasure and War P. 24 Chap. 12. Extrinsick Observations , shewing how to deal with Neighbor Princes and Provinces respectively , how to prevent their Designs , and decypher their Intendments P. 30 Chap. 13. Observations confirmed by Authorities of Princes and Principalities , Charactering an Excellent Prince or Governor P. 35 Chap. 14. Of the Princes intimate Counsellors and Ministers of State , with their several Requisites P. 41 Chap. 15. The Art of Ruling , or Mystery of Regiment P. 48 Chap. 16 Of Princely Authority ; wherein it consists , and how far to be extended and delegated P. 51 Chap. 17. Of Power and Force ; and how to be raised and maintained P. 53 Chap. 18. Of Conspiracy and Treason ; with the Causes , and ways of Prevention or Discovery P. 55 Chap. 19. Of Publick Hate and Contempt , with the Occasions and Means to redress and avoid it P. 58 Chap. 20. Of Diffidence and Dissimulation in the Management of State Affairs P. 67 Chap. 21. Of War Defensive and Invasive ; with Iustructions touching Laws of Arms , Soldiers and Military Discipline P. 70 Chap. 22. Of Generals and Commanders , and their requisite Abilities in Martial Enterprises and Expeditions P. 83 Chap. 23. Of Councils in War , and Directions Tactick and Stratagematick ; with Advice how to make an honorable Peace P. 87 Chap. 24. Of Civil War , with the Causes and Remedies thereof P. 97 Chap. 25. A Collection of Political Observations ( confirmed by Reason and Experience ) advertising Princes , Statesmen , and Private Persons how to demean themselves in all Fortunes and Events P. 107 Chap. 26. Maxims of State , or Prudential Grounds and Polemical Precepts , concerning all Estates , and Forms of Policy in times of Peace or War , &c. confirmed by Select Narrations , and Historical Parallels P. 184 ADVERTISEMENT . THE Excellent Woman described by her True Characters , and their Opposites . Printed for J. Watts . The Secrets of Government , AND Misteries of State , Plainly laid open . CHAP. I. The Definition and Division of Publick Weales and Sovereign States , according to their several Species or Kinds . A Common-wealth is a certain Sovereign Govornment of many Families , with those things that are common among them . All Common-wealths are either Monarchies , Aristocraties , or Democraties . A Monarchy is that State where the Sovereignty resteth in the Person of one only Prince . An Aristocraty , is where some small part of the People have in them as a Body corporate , the Sovereignty and Supreme Power of the whole State. A Democraty , is where all the People have Power and Authority Sovereign . So doth it appear , that the Place and Person where the Sovereignty resteth , doth cause the State to be either a Monarchy , an Aristocraty , or Popular Government . CHAP. II. Of Sovereign of Monarchick Government , with its Essential Marks , and Specifical Differences . SOvereignty is an absolute and perpetual Power in every publick State , and he is properly and only a Sovereign , that acknowledgeth no Superior or Equal , nor holdeth of any other Prince , Person or Power , but God and his own Sword. The first Mark of Sovereignty , is absolute Power and Authority to command all Subjects in general , and every of them in particular , without consent of any other Person or Persons , either greater or inferior to himself . The second Mark of Majesty is Authority to make War , and conclude Peace at his pleasure . The third is Power to beslow all Honors and chief Offices at his pleasure . The Fourth Mark of Sovereignty is Appellation . The Fifth Mark and last , is power to pardon all Subjects by rigor of Law or otherwise , condemned in Life , Lands , Goods or Honors . These Powers are not to be imparted to any Officer , Deputy or other Magistrate , but in the Prince's absence , and for some urgent occasion . Monarchies are of three Sorts , Signioril , Royal and Tyrannical . The Diversity of Monarchies doth not proceed from the Nature of the State , but the diverse proceedings of those Princes that govern ; for great difference there may be between the nature of the Commonwealth and the Government thereof . That Prince that giveth the Magistracies Honors and Offices without respect of Nobility , Riches or Vertue , may be said to govern popularly . And that Monarchy may be said to be governed Aristocratically , when the Monarch imparteth the principal Honors and Offices to the Noble and Rich Men only . The same difference there is to be sound in States Aristocratical and Popular ; for the one and the other may be both Signioril or Tyrannical . A Monarch Signioril is he who by force of Arms and just War , is made Owner of Mens Bodies and Goods , and governeth them as a Master of a Family governeth base Servants and Slaves . A Monarch Royal , is he whose Subjects are obedient unto his Laws , of God and Nature , suffering every Subject to enjoy Liberty natural , with Property in Lands and Goods , governing as a Father governeth his Children . A Monarch Tyrannical , is he who without regard to the Law of God or Nature , commandeth Free-men as Slaves and useth their Lands and Goods as his own . CHAP. III. of Monarchy Signioril , Exemplisied in the Turkisn and West-Indian Empire . ALL People subject to Princes , are governed as Free-men by their Prince , and certain other particular Lords of Lands and Liberties ; who not by the Princes Commission , but by Ancient 〈◊〉 or Custom , have Inheritance and Tenements ; or else they are by one Prince and his Ministers commanded , which Ministers have not by Law or Ordinance , any Authority or Interest of themselves , but being like to the People ( base Men and Slaves ) they command only by Commission in the Princes name ; and the Authority of those Ministers doth cease at the Princes pleasure , so that the People do not acknowledge any Superior but the Prince , nor owe any Service to other mean Lords : So as all the People stand without Property in Lands or Goods ; for example , the Empire of Turky and the West-Indies . The Provinces of this Monarchy are allotted to sundry Magistrates or Ministers , and they altered and removed at the Princes pleasure ; but it is otherwise in a Monarchy Royal , because the Monarch is there accompanied with many mean Lords . And albeit those mean Lords are Subjects unto the Prince , yet have they particular Tenants , who may not , without just cause , be dispossessed by the Prince ; and those People having had dependency of their Lords and their Ancestors , do ever beare unto them a certain natural Love and dutiful Respect ; whoso therefore compareth these Principalities , shall perceive , that to Conquer a State Signioril there is great difficulty , but being conquered , it may easily be maintained ; for the difficulty to conquer such a State , proceedeth from the lack of mean Lords to call in and assist the Prince that doth invade : Who therefore desireth to subdue a Nation thus governed , must of force assault all the People , and rather trust in his own Strength than the Aid of the Country . But if he can prevail , then one only Fear remaineth , which is the Prince's Posterity , which necessarily must be extinguished , because the Prince's Race only hath Interest both in the People and Soldiers . But to enter a Monarchy Royal , is an Enterprise of no great Difficulty , when he that doth enter , hath the Friendship and Aid of some mean Lords to take his part , and prepare the place where he is to arrive . CHAP. IV. Of Monarchies Royal , with the Means to maintain them . MOnarchies Royal are for the most part Ancient and Hereditary , and consequently easie to be governed . For it is sufficient for the Prince to maintain the old Laws , and on occasion temporize with those Accidents that happen : Such a State cannot be taken from the Prince without excessive Force , and if it be , it shall be soon recovered . Example , England and France . But if a Monarchy newly conquered , be annexed unto an old , and not properly Ancient , then it is with much more difficulty maintained . First , For that Men naturally inclined to Variation , are easily induced to take Arms against him that newly governeth . Secondly , Every new Prince is forced to exact as well upon those Subjects that joyned with him , as those that did resist him , and therefore shall offend both . Example , Ireland annexed to the Crown of England , Sicilia and Naples to Spain . The means to maintain such a Monarchy , is , First , To extinguish the Race of him that was anciently Prince . Secondly , To continue all Laws and Customs in the former Force ; for so shall the Subject find nothing altered but the Prince , and therefore will soon rest contented ; and the rather if that new Monarchy , and the ancient Dominion of the Prince , be of one Language : But if the People be of a contrary Language and Humor , then to hold it , there needeth great Industry and Fortune ; in that case the best way is , that the Prince should inhabit there , as well to incounter all Inconveniences proceeding from the Subject , as to preserve the People from Oppression of his own Ministers . Another way is , to send thither certain Colonies , and plant them in fit places , or else to settle some Garisons both of Horse and Foot ; but Colonies are less chargeable to the Prince . As for the People inhabitant ( who must necessarily remove , they being a small number and dispossessed ) they cannot have power to offend ; for in that case , this Rule or Maxim shall be found true , that Men must be either kindly intreated , or with all Extremity oppressed ; because of light Injuries they may be revenged , but of utter Oppression they cannot . A third way to hold a conquered Dominion , is , to cherish and defend the Neighbors of little Power , and oppress or keep under those that are most Potent ; and above all , to take order that no Forreign Prince or Power do enter ; for it is ever to be looked for , that so many of the Nation as are discontented , either for Ambition or Fear , will be ever ready to bring in Strangers : And to conclude this matter of Principality annexed , I say it behoveth every Prince possessed of such a State , never to increase the Power of any Potent Nighbor , never to oppress those that are of small Power , never to permit any Forreign Potentate to enter , but ever to plant Colonies and Garisons , or else to make that Dominion his chief Habitation . CHAP. V. Of Monarchies Tyrannical . TYrannical Princes are not advanced by Favor , neither do they trust unto Fortune , but by degrees of War , or else by some other indirect means do aspire unto Greatness ; and therein do maintain themselves by all ways either Honest or Dishonest , without respect of Justice , Conscience or Law either of Nations or Nature : A Prince by such impious means aspired , and desiring to hold that he hath gained , will take order that the Cruelties he committeth may be done roundly , suddenly , and as it were at an instant ; for if they be executed at leisure and by piece-meal , then will the Prince's Fears continue long , and the Terror in Subjects take deeper Impression , whose Nature is such , that either they must be bound by Benefits , or by Cruelty made sure from offending : Example , Dionysius and Agathocles . CHAP. VI. Of new found Monarchies and Principalities , with the means to perpetuate them . SOme other Princes there are , that from private Estate have aspired to Sovereignty , not by unnatural or impious proceedings as the former , but by Vertue and Fortune , and being aspired , have found no great Difficulty to be maintained ; for such a Prince having no other Dominion , is forced to settle himself where he is become a Prince : But here is to be noted , that albeit such a Man be Vertuous , yet wanting Fortune , his Vertue proveth to small purpose , and Fortune without Vertue doth seldom work any great Effect . Howsoever it be , a Prince being aspired , both by the Aid of the one and of the other , shall notwithstanding find some difficulty to hold what he hath gotten ; because he is forced to introduce new Laws and new Orders of Government differing from the old , as well for his own Security , as confirmation of the Government ; for avoiding of which Dangers , he is to consider whether he be of himself able to compel his Subjects to obey , or must pray in aid of others : If he can do the first , he needeth not doubt , but being driven to the other , his Greatness cannot long continu ; for albeit a matter of no difficulty , it is to perswade a People ; yet to make them constant , is a work well near impossible . Example , Theseus , Cyrus , Romulus . The second sort of new Princes are such as be aspired by Favor or Corruption , or by the Vertue or Greatness of Fortune or Friends : A Prince by any or all these means advanced , and desirous to hold his Estate , must indeavor by his own Vertue to maintain himself without depending upon any other ; which may be done by this means : First , To assure all Enemies from offending . Secondly , To win the Love and Friendship of so many Neighbors as possibly he may . Thirdly , To compass all Designs tending to his Honor or Profit , and bring them to pass either by Fraud or Force . Fourthly , To make himself honored and followed of Captains and Soldiers . Fifthly , To oppress all those that would or can offend . Sixthly , To be obsequious and liberal to Friends , magnanimous and terrible to Foes . Seventhly , To cass all old and unfaithful Bands , and entertain new . Eighthly , To hold such Amity with Kings and Princes , as they ought reasonably to favor him , or else they would offend ; easily they cannot . Example , Giovannio , Torrigiani , Caesar , Borgi . The third and last means whereby private Persons do aspire to Principalities , is not Force and Violence , but meer good Will and Favor of Men. The cause or occasion thereof , is only Vertue or Fortune , or at least a certain Fortunate Craft and Wittiness , because he aspireth either by Favor of the People , or by Favor of the Nobility ; for these contrary Humors are in all Common-wealths to be found . And the reason thereof is , that the great Men do ever endeavor to oppress the People , and the People do labor not to be oppressed by them . Of these divers Appetites one of these three Effects do proceed , viz. Principality , Liberty , or Licentious Life . Principality may come either by love of the Multitude , or of the great Men ; for when any of these Factions do find it self oppressed , then do they soon consent to make one a Prince , hoping by his Vertue and Valor to be defended . Example , Francesco Sforza , Alessandro de Medici . A Prince in this sort aspired , to maintain his Estate , must first consider well by which of these Factions aforesaid he is advanced ; for if by Favor of great Men he be aspired , then must he meet with many Difficulties ; for having about him divers Persons of great Quality , and such as were but lately his Equals , hardly shall he command them in such sort as it behoveth : But if the Prince be advanced by the People , few or none shall hardly disobey him . So it appeareth that a Prince made by the Multitude , is much more secure than he whom the Nobility preferreth ; for common People do not desire to enjoy more than their own , and to be defended from Oppression ; but great Men do study not only to hold their own , but also to command and insult upon Inferiors . Note that all Monarchies are Principalities . But all Principalities are not Monarchies . CHAP. VII . Of Councils , and Counsellors in general . A Senate or Council is a certain lawful Assembly of Counsellors , to give advice to him or them that have in the Commonweale Power Sovereign . A Counsellor is called in the Latine Senator ; which Word signifieth in effect an old Man : The Grecians and Romans also most commonly composed their Councils of ancient and expert Persons ; for if they , or the greater part of them had been Young Men , then might the Council have more properly been called a Juvenate than a Senate . The chief and most necessary Note required in a Counsellor is to have no dependence of any other Prince or Commonweale ; either Oath , Homage , Natural Obligation , Pention , or Reward : In this Point the Venetians have been ever most precise , and for that reason , do not admit any Cardinal or other Clergy-man to be either of or at their Councils , therefore when the Venetian Senate is Assembled , the Usher being ready to shut the Door , cryeth aloud , Fuora Preti , Depart Priest. Note also that in every State , of what Quality soever , a Secret or Cabinet-Council is mainly necessary . CHAP. VIII . Of Councils in some particular Monarchies , Aristocraties , and Democraties . THE King of Spain , for the Government of his Dominions hath Seven Councils , ( viz. ) the Council of the Indies , the Council of Spain , the Council of Italy and the Low Countries , the Council of War , the Council of Orders , the Council of Inquisition , and the Council Royal. In France are Three Councils , ( viz. ) the Council srivy , the Council of Judges , which they call Presidents et Conceliers de Parlament , and the great Council , which they call Assemblies du troys Estates . Of Councils in Aristocraties . In Venice , beside the Senate and great Council , are Four Councils , ( viz. ) the Sages of the Sea , the Sages of the Land , the Council of Tenn , the Three Presidents of Quarantia , and the Senate : All which Councils do amount to One hundred and twenty Persons , with the Magistrates . The Great Council of Ragusa consisteth of Sixty Persons , and hath another Privy Council of Twelve . Of Councils in Democraties . Genoua hath Three Councils : the Great Council of Two hundred , the Senate which consisteth of Sixty , and the Privy Council which hath Twenty six Counsellors : So it doth appear that in all Commonwealths , be they Monarchies , Aristocracies , or Popular States . The Council-Privy is most necessary , and often used ; Also this difference is to be noted between the Councils in Monarchies , and the Councils in Aristocracies and States Popular ; that is to say , that all Deliberations fit to be published , are in a Monarchy consulted and resolved upon in the Council Privy , and after ratified by Common Council ; But in Optimacies or Popular Government the Custom is contrary . Here also is to be noted , that albeit the Use and Authority of every Senate a Privy Council is most needful , yet hath it no Authority to command but in the name of those in whom the Sovereignty resteth : For if Counsellors had power to command absolutely , then should they be Sovereigns , and consequently all Execution at their Pleasure ; which may not be without detracting from Majesty , which is a thing so Sovereign and Sacred , as no Citizen or Subject of what quality soever , may touch or approach thereunto . CHAP. IX . Of Officers and Commissioners with their respective Distinctions . AN Officer is a Person publick , that hath Charge ordinary and limited by Law. A Commissioner is also a Person publick , but his Charge is extraordinary and limited by Commission . Officers are of two sorts , and so be Commissioners ; the one hath power to command , and are called Magistrates : the other hath Authority to execute : so the one and the other are Persons publick : yet are not all publick Persons either Officers or Commissioners . Commissioners are ordained to govern in Provinces , in War , in Justice , in disposing the Treasure , or some other Function concerning the State ; but all Commissions do spring and proceed from the Sovereign , Magistrates and Commissioners . And here is to be noted , that every Commission ceaseth if he that granted the commission doth dye , or revoke it , or if the Commissioners during his Commission shall aspire to Office and Authority equal to his that made it . CHAP. X. Of Magistrates , their Qualifications and Elections . A Magistrate is an Officer having power to command in the State ; and albeit that every Magistrate be an Officer , yet every Officer is not a Magistrate , but they only that have power to command . Also in making Officers of and Magistrates in every Commonweale , Three things are specially to be observed ( viz. ) who doth make them , what Men they are that should be made , and the form and manner how they are made . The 〈◊〉 〈◊〉 to him or them in whom the Sovereignty resteth ; the second also belongeth to Majesty ; yet therein the Laws are commonly followed , especially in Aristocracies and States Popular ; In the one the Magistrates are chosen out of the most Wealthy or most Noble : In the other , elected out of the whole Multitude . The form and manner of choosing Magistrates in Aristocracies and States Popular , is either by Election , by Lot , or by both , and their Office is to compel those that do not Obey what Sovereignty commandeth : For all force of Commandment lieth in Compulsion . Commandment likewise is of two sorts ; the one may be called Sovereign and Absolute , above Laws , above Magistrates , and above People . In Monarchies such Command is proper to the Prince only ; in Aristocracies it resteth in the Nobility : And in Democracies the People have that power . The second Commandments are Subject both to Sovereignty and Law. Here is to be noted , that every Magistrate may recall his own Commandment , and forbid what he did Command , yet cannot revoke that which he hath Judged . * Also in the presence of the Sovereign , all Authority of Magistrates ceaseth ; and in presence of great Magistrates the inferior have no power ; and Magistrates equal cannot do any thing but by Consent , if his Colleagues or Fellow-Magistrates be present . CHAP. XI . Observations intrinsically concerning every Publick State in points of Justice , Treasure and War. THE First concern matter Intrinsick . The Second touch matter Extrinsick . Matters Intrinsick are Three . The Administration of Justice . The Managing of the Treasure . The disposing of things appertaining to War. Matters Extrinsick are also Three . The Skill how to deal with Neighbors . The Diligence to vent their Designs . The way how to win so much Confidence with some of them , as to be made partaker of whatsoever they mean to enterprise . Touching Administration of Justice . The good and direct Administration of Justice , is in all Places a principal part of Government ; for seldom or never shall we see any People discontented and desirous of Alteration , where Justice is equally administred without respect of Persons ; and in every State this Consideration is required , but most of all in Countries that do front upon other Princes , or were lately 〈◊〉 Hereunto the Princes Vigilancy and the Magistrates Uprightness are especially required ; for oft-tentimes the Prince is deceived , and the Magistrates corrupted ; it behoveth also the Prince to maintain the Judges and Ministers of Justice in their Reputation , and yet to have a vigilant Eye upon their Proceedings , and the rather if their Authority do include Equity , and from their Censure be no Appeal ; and if their Office be during Life , and they are Men born and dwelling in the same Country ; all these things are duly to be considered of the rince ; for as to call the Judges into question , is as it were to disgrace the Judicial Seat ; so to wink at their Corruptions were matter of just discontent to the Subject : in this case therefore the Prince cannot do more than by his Wisdom to make choice of Good Men ; and being chosen , to hold them in good Reputation so as the ordinary course of Justice may proceed ; for otherwise great Disorder , Contempt , and general Confusion will ensue thereof . Secondly , he is to keep his Eye open upon their Proceedings ; and lastly to reserve unto himself a Supreme Power of Appellation . Touching the Treasure . The want of Money is in all States very perilous , and most of all in those which are of least Strength , and do confine upon Nations with whom they have commonly War , or unassured Peace , but most perilous of all to those Governments which are remote from the Prince , or Place where they are to be relieved . The means to Levy Treasure are Four. First , The Customs and Impositions upon all forts of Merchandize and Traffick is to be looked unto and advanced . Secondly , The excessive eating of Usury must be suppressed . Thirdly , All supersluous Charges and Expences are to be taken away . Lastly , The doings and accounts of Ministers are severally to be exammed . Touching the matter of Custom and Impost thereof , assuredly a great Prosit is in every State to be raised ; chiefly where Peace hath long continued , and where the Country affordeth much plenty of Commodities to be carried out , and where Ports are to receive Shipping . The moderating of Interest is ever necessary , and chiefly in this Age , by reason that Money aboundeth in Europe ; since the Traffick into the Indies ; for such Men as have Money in their Hands great plenty , would in no wise imploy the same in Merchandize , if lawful it were to receive the utmost Usury , being a Course of most Profit and greatest Security . The taking away of superfluous Expences is no other thing than a certain wise and laudable Parsimony ; which the Romans and other well governed States did use . These Expences consist in Fees , Allowances , and Wages granted to Ministers of little or no Necessity ; also in Pensions , Rewards , Entertainments and Donaries , with small Difficulty to be moderated , or easily to be suppressed . * By abridging or taking away of these needless Expences a marvelous Profit will be saved for the Prince ; but if he continue them , and by imposing upon the People do think to increase his Treasure or Revenue , besides the loss of their Love , he may also hazard their Obedience , with many other Inconveniences . Touching War. Whatsoever Prince or Common-weale is Neighbour to any People which can , will , or were wont to offend , it is necessary to have not only all things prepared for defence of his Person and Country , but also to forecast and use every caution and other diligence : For the Inconveniencies which happen to Government , are sudden and unlook'd for ; yea , the Providence and Provision required in this Case ought to be such as the Expences all other ways imployed must stay to supply the Necessity of War. CHAP XII . Extrinsick Observation , shewing how to deal with Neighbor Princes and Provinces respectively , how to prevent their Designs , and decipher their Intendments . THIS first Point of matter Extrinsick is of such quality as being well handled procureth great good , but otherwise becometh dangerous ; for the Proceeding must be divers according to the diversity of the Ends which the Prince or Governor intendeth ; for if he desire to continue Peace with his Neighbors , one way is to be taken ; but otherwise he is to work that seeketh occasion to break , and to become an Enemy to one or more of his Neighbors . Is he do desire to live peaceably withal , then he is to observe these Rules ( viz ) First , To hold and continue firmly all Contracts and Capitulations . Secondly , To shew himself resolved neither to offer nor take the least touch of Wrong or Injury . Thirdly , With all care and favor to further Commerce and reciproke Traffick for the profit of the Subject , and increase of the Princes Revenue . Fourthly , Covertly to win so great Confidence with Neighbors , as in all actions of unkindness among them he may be made Umpire . Fifthly , To become so well believed with them as he may remove such Diffidences as grow to his own disadvantage . Sixthly , Not to deny Protection or Aid to them that are the weakest , and chiefly such as do and will endure his Fortune . Lastly , In Favouring , Aiding and Protecting ( unless necessity shall otherwise so require ) to do it moderately , so as they who are to be aided , become not Jealous , and consequently seek Adherency elsewhere , which oft-times hath opened way to other Neighbors that desire a like occasion . How to prevent their Designs . This Point in time of War is with great diligence to be looked unto ; also in time of Peace to prevent all occasions that may kindle War is behoveful ; for to foresee what may happen to the Prejudice of a Princes Profit or Reputation , is a part of great Wisdom . The means to attain the Intelligence of these things are two . The First is by friends , the next by Espials ; the one for the most part faithful , the other not so assured . These matters are well to be considered ; for albeit the Nature of Man desireth nothing more than curiously to know the doings of others , yet are those things to be handled with so great Secrecy and Dissimulation as the Princes Intent be not in any wise suspected , nor the Ministers made odious ; for these sometimes to win themselves reputation , do devise causes of Difference where no need is , divining of things Future which prove to the Prejudice of their own Prince . To win Confidence with Neighbors . This is chiefly attained unto by being Loved and Honored ; for these things do work so many good Effects , as daily Experience sufficeth without any express Example to prove them of great Force . The ways to win Love and Trust , is in all Actions to proceed Justly , and sometimes to wink at Wrongs , or set aside unnecessary Revenges ; and if any thing be done not justifiable , or unfit to be allowed , as oftentimes it happeneth , there to lay the Blame upon the Minister , which must be performed with so great show of Revenge and Dissimulation , by reproving and punishing the Minister , as the Princes offended may be satisfied , and believe that the cause of Unkindness proceeded from thence . Now only it resteth that somewhat should be said touching Provision , to the end the People may not be drawn into despair by Famine , or extream Dearth of Victual , chiefly for want of Corn , which is one principal Consideration to be regarded , according to the Italian Proverb , Pane in Piazza , Giustitia in Palazzo , siverezza per tutto : Whereunto I could wish every Prince or Supreme Governor to be thus qualified ( viz. ) Facile de audienza : non facilede credenza , desioso de spedition , essemplare in costunii proprii , & inquei de sua casa tale che vorra governare , e non esser governato da altro ; he della raggione . CHAP. XIII . Observations confirmed by Authorities of Princes and Principalities , Charactering an excellent Prince or Governor . EVery good and lawful Principality is either Elective or Successive Of them Election seemeth the more Ancient ; but Succession in divers respects the better : Minore discrimine sumitur Princeps quam quaeritur . Tac. The chief and only Endeavour of every good Prince , ought to be the Commodity and Security of the Subjects , as contrariwise the Tyrant seeketh his own private Profit with the Oppression of his People : Civium non servitus sed tutela tradita est . Sal. To the Perfection of every good Prince , two things are necessarily required ( viz. ) Prudence and Vertue ; the one to direct his Doings , the other to govern his Life : Rex eris si recte feceris . Hor. The second care which appertaineth to a good Prince , is to make his Subjects like unto himself ; for thereby he is not only honored , but they also the better governed : Facile imperium in bonos . Plaut . Subjects are made good by two means ( viz. ) by constraint of Law , and the Princes Example ; for in all Estates , the People do imitate those Conditions whereunto they see the Prince enclined : Quicquid faciunt principes , praecipere videantur . Quintil. All Vertues be required in a Prince , but Justice and Clemency are most necessary ; for Justice is a Habit of doing things Justly , as well to himself as others , and giving to every one so much as to him appertaineth : This is that Vertue that preserveth Concord among Men , and whereof they be called good : Jus & aequit as vincula civitatum . Cic. * It is the Quality of this Vertue also , to proceed equally and temperately ; it informeth the Prince not to surcharge the Subjects with infinite Laws ; for thereof proceedeth the Impoverishment of the Subjects and the Inriching of Lawyers , a kind of Men which in Ages more Ancient , did seem of no Necessity : Sine causidicis satis foelices olim fuere futuraeque sunt urbes . Sal. The next Vertue required in Princes is Clemency , being an Inclination of the Mind to Lenity and Compassion , yet tempered with Severity and Judgment ; this Quality is fit for all great Personages , but chiefly Princes , because their occasion to use it is most ; by it also the Love of Men is gained : Qui vult regnare , languida regnet manu . Sen. After Clemency , Fidelity is expected in all good Princes , which is a certain Performance and Observation of Word and Promise ; this Vertue seemeth to accompany Justice , or is as it were the same , and therefore most fit for Princes : Sanctissimum generis humani bonum . Liv. As Fidelity followeth Justice , so doth Modesty accompany Clemency ; Modesty is a Temperature of Reason , whereby the Mind of Man is so governed , as neither in Action or Opinion he over-deemeth of himself , or any thing that is his ; a Quality not common in Fortunate Folk , and most rare in Princes : Superbia commune nobilitatis malum . Sal. This Vertue doth also moderate all External Demonstration of Insolence , Pride and Arrogance , and therefore necessary to be known of Princes , and all others whom Favor or Fortune have advanced : Impone faelicitati tua fraenos , facilius illam reges . Curt. But as Princes are to observe the Bounds of Modesty , so may they not forget the Majesty appertaining to their Supreme Honor , being a certain Reverend Greatness due to Princely Vertue and Royal State ; a Grace and Gravity no less beseeming a Prince than Vertue it self ; for neither over-much Famili-arity , nor too great Austerity , ought to be used by Princes : Facilit as autoritatem , severit as amorem minuit . Tac. To these Vertues we may apply Liberality , which doth not only Adorn , but highly Advance the Honor due to Princes ; thereby also the good Will of Men is gained ; for nothing is more fitting a Prince's Nature than Bounty , the same being accompanied with Judgment , and performed according to the Laws of Liberality : Perdere multi sciunt , donare nesciunt . Tac. It seemeth also that Prudence is not only fit , but also , among other Vertues , necessary in a Prince ; for the daily use thereof is in all Humane Actions required , and chiesly in Matters of State and Government : Prudentia imperant is propria & unica virtus . Arist. The Success of all Worldly Proceedings , doth shew that Prudence hath compassed the Prosperous Event of Humane Actions , more than Force of Arms or other Power : Mens una 〈◊〉 plurium vincit manus . Eurip. Prudence is either natural , or received from others ; for whoso can Counsel himself what is fit to be done , needeth not the Advice of others ; but they that want such Perfection , and are nevertheless capable , and are willing to know what others inform , ought to be accounted wise enough : Laudatissimus est qui cuncta videbit , sed laudandus est is qui paret recte monenti Hesiod . CHAP. XIV . Of the Princes intimate Counsellors and Ministers of State , with their several Requisites . ALbeit the excellent Spirit of some Princes be such as doth justly deserve the highest Commendation ; yet for that every Course of Life needeth the Aid of Men , and the Mind of one cannot comprehend the infinite Care appertaining to publick Affairs ; it behoveth Princes to be assisted : Magna negotia , adjutoribus egent . Tac. The Assistants may be properly divided into Counsellors and Ministers ; the one to Advise , the other to Execute : Without Counsel , no Kingdom , no State , no private House can stand ; for Experience hath proved , that Common-weales have prospered so long as good Counsel did govern , but when Favor , Fear or Voluptuousness entered , those Nations became disordered ; and in the end subject to Slavery : Quiddam sacrum profecto est Consultatio . Plato . Counsellors are Men specially selected to give Advice to Princes or Common-wealths , as well in Peace as in War ; the chief Qualities required in such Men , are Fidelity and Knowledge ; which two concurring do make them both Good and Wise , and consequently fit for Counsel : Prudentis proprium munus recte consulere . Arist. The Election of Counsellors is and ought to be chiefly among Men of long Experience and grave Years ; for as Youth is fittest for Action in respect of Corporal Strength ; so elder Folk having felt the Force of every Fortune , and observed the Course of Worldly Proceedings do seem most meet for Consultation : Consilia senum , facta juvenum . Plato . Albeit we say that the Excellency of Wisdom should be in Counsellors ; yet do we not require so quick and fiery a Conceit as is more apt for Innovation than orderly Government : Hebetiores quam acutiores melius Remp. administrant . Thucyd. To Fidelity and Experience we wish that our Counsellors should be endued with Piety , Liberty , Constancy , Modesty and Silence ; for as the Aid and Assistance of God is that which governeth all good Counsels , so liberty of Speech , and magnanimous uttering of what is good and fit , is necessary in Counsellors . Likewise to be constant and not to vary in opinion , either for Fear or Favor , is very commendable : Also as Modesty in giving Counsel escheweth all Offences , and gaineth good Will , so Secresie is the best and most secure means to govern all publick Affairs : Res magnae sustineri non possunt ab eo qui tacere nequit . Curt. The first Obstacle to good Counsel is Pertinacy or Opiniativeness ; a Condition far unfit for Counsellors ; yet some Men are so far in love with their own Opiniastre Conceits , as that they cannot patiently endure Opposition . Secondly , Discord must from Counsellors be removed , because private Offence many times impeacheth publick Proceedings . Thirdly , Affection is an Enemy to Counsel , the same being commonly accompanied with Anger , wherewith nothing can be 〈◊〉 or considerately done . Lastly , 〈◊〉 seemeth a Vice worthy to be 〈◊〉 of all Counsellors , 〈◊〉 〈◊〉 〈◊〉 away both Fidelity and 〈◊〉 the principal Pillars of all good Counsel : Pessimum veri affectus & judicii venenum , utilitas . Tac. To good Counsel other Impediments there are , which square not with Wisdom ; for all Crafty and Hazarding Counsels do seem in the beginning likely to succeed ; but afterwards and chiefly in the end do prove hard and of evil Event . It therefore seemeth behoveful to be wary in resolving , and bold in executing : Animus vereri qui scit , scit tuto aggredi . Pub. Another Lett to good Consultation is immoderate Desire , which every wise Man must endeavor to restrain : 〈◊〉 pauca recte siunt , circumspectione plurima . Thucyd. Thirdly , Haste is an Enemy to good Deliberation ; for whoso greedily desireth any thing , proceedeth rashly ; and rash proceeding endeth ever in Repentance : Scelera impetu , bona consilia mora valescunt . Tac. Of Ministers of State. Having already spoken of Counsellors , somewhat is to be spoken of Ministers ; I mean those that either publickly or privately serve the Prince in any Function ; in choice of which Men , care must be had ; First , That they be Persons honestly born ; for no Man descended of base Parentage may be admitted , unless in him be found some noble and excellent Vertue : Optimus quisque Nobilissimus . Plato . Secondly , They ought to be of honest Condition , and of good Fame ; for that Common-weale is better and more secure , where the Prince is not good , than is that where his Ministers are Evil. It seemeth therefore that Ministers should be Men of good Quality and Blameless : Emitur sola virtute potestas . Claud. Thirdly , Consideration is to be had of their Capacity and Fitness , for that Function wherein they are to be used ; for as some Men are apt for Learning , so others are naturally disposed to Arms. Also it is necessary that every one Square with the Office whereunto he is appointed , in which matter some Princes have used great Caution ; for as they little liked of Men Excellent , so they utterly detested the Vitious ; the one they doubted to trust in regard of themselves , the other were thought a publick Indignity to the State. Wise Men have therefore resolved , that those Wits which are neither over-haughty and singular , nor they which be base or dull , are fittest for Princes Secrets and Services ; howsoever we may hereof say with Tacitus : Nescio quomodo Aulica haec comitia affectus dirigit , & fato quodam ac sorte nascendi , ut caetera , ita principum inclinatio in hos , offensio in illos est . Tac. And because the Course and Quality of Mens Lives serving in Court , is of all other the most uncertain and dangerous , great Heed and Circumspection ought therein to be used ; for whoso serveth negligently , forgetting the dutiful Endeavors appertaining to the place , seemeth to take a way of no good speed : Quanto quis obsequio promptior , tanto honoribus & opibus extollitur . Tac. It shall also become such a Man to look well unto his own Profit , and behave himself rather Boldly than Bashfully : Malus minister Regii imperii pudor . Sen. To be Modest , and closely to handle all Actions , is also a course well beseeming a Courtier ; neither shall he do well to attribute any good Success to his own Vertue or Merit , but acknowledge all to proceed from the Prince's Bounty and Goodness , by which means Envy is eschewed , and the Prince not robbed of his Honor : Haec est conditio Regum , casus tantum adversos hominibus tribuant , secundos virtuti suae . Prov. Emped . And to conclude these Precepts Summarily , I say it behoveth all Ministers and Servants in Court to be Patient , Wary and of sew words : Fraudum sedes Aula . Sen. CHAP. XV. The Art of Ruling , or Mystery of Regiment . TO Govern , is a certain Skill how to command and continue Subjects in due Obedience , so as offend they ought not , or if they will they cannot ; wherein two special things are to be considered ( viz. ) the Nature of Men , and the Nature of the State ; but first the Condition of the Vulgar must be well conceived : Noscenda natura vulgi , & quibus modis temperanter habeatur . Tac. The Disposition of Men is divers ; some are apt to Anger , some are Hardy , some Fearful ; it therefore behoveth the Prince to accommodate his Government to the Humor of People whom he governeth : Principis est virtus maxima nosse suos . Mart. Likewise the Nature of Commonweals is mutable and subject to change , and Kings are not only accompanied with Fortune , but also followed with Hate , which breedeth a continual Diffidence , chiefly towards those that are nearest to Majesty : Suspectus semper invisusque dominantibus quisquis proximus destinatur . Tac. Moreover the Vulgar sort is generally variable , Rash , Hardy , and void of Judgment ; Ex opinione multa , ex veritate pauca judicat . Cic. To confirm a Government , Force and Arms are of greatest necessity ; by force I mean the Guards and Arms which Princes use for their Defence or Ornament ; Miles in foro , Miles in curia principem comitari debet . Tac. To this may be added Fortisication and strong Buildings , in these days much used by new Princes , and others also to whom People yield , not willing Obedience . In ancient times Princes planted Colonies as well to suppress Rebellion in Conquered Countries , as to front suspected Neighbours : Coloniae vera sedes servitutis . Tac. The Government of Princes is also greatly increased by a Virtue , which I call a commendable Affection in Subjects , proceeding of Love and Authority : These effects do grow from the Princes own Merit , but their being liveth in the mind of the People ; this Love is gained by Lenity , Liberality , and Mercy ; yet is every of them to be tempered : Nec aut reverentiam terrore , aut amorem humilitate captibis . Plin. Affection is also no way sooner won then by Liberality , the same being used with Judgment and Moderation . Bellorum sociis , periculorum consortibus , sivi de te bene ac fortiter — — meritis . Sen. By Indulgence likewise , and Pricely Affability , the love of Men is gain'd ; for the Multitude desire no more than necessary Food and Liberty , to use ordinary Recreations : Vulgo , sicut pueris , omne ludicrum in pretio est . Sen. CHAP. XVI . Of Princely Authority ; Wherein it consists , and how far to be extended and delegated . AUthority is a certain reverent Impression in the Minds of Subjects and others touching the Princes Virtue and Government ; it resteth chiefly in Admiration and Fear : Ingenita quibusdam gentibus erga reges suos veneratio . Curt. Authority consisteth in three things : ( viz. ) the Form of Government , the Strength of the Kingdom , and the Condition of the Prince ; for in them all Reputation and Security resteth : Majest as Imperii , salutis tutela . Curt. Whoso desireth to govern well , it behoveth him to use Severity , Constancy and Restraint ; for over much Lenity introduceth Contempt , and certain hope of Impunity ; the Condition of Men being such as cannot be restrained by Shame , yet it is to be commanded by Fear : Salutaris 〈◊〉 as vinicit inanem speciem 〈◊〉 Cic. Yet ought Severity to be used with great respect and sparingly , because over great Terror breedeth Desparation : Paena ad paucos , metus ad omnes 〈◊〉 Cic. To govern constantly is nothing else but to continue the old and ancient Laws in force without Change or Innovation unless exceeding great Commodity or urgent Necessity shall so require : for where extream Punishments are used , Reformation is always needful : Nocet interdum prisucs rigor & nimia severitas . Tac. Also to restrain Authority is a matter of great Necessity and worthy a Wise Prince ; else he maketh others partakers of the Honor and Power to himself only due , the same being also dangerous : Periculosum privati hominis nomen supra ( immo & juxta ) principes extolli . Tac. It seemeth also perilous that great Authority given to private Men should belong ; for thereby oft-tentimes they are made Insolent and apt to Innovation : Libertatis sive principatus magna custodia est , si magna imperio 〈◊〉 esse non sinas . Liv. Authority is also reinforced and enlarged by Power , without which no Prince can either take from others or defend his own : Parum tuta sine viribus Majestas . Liv. CHAP. XVII . Of Power and Force ; and how to be raised and maintained . POwer and Strength is attained by these five ways , Money , Arms , Counsel , Friends and Fortune : but of these the first and most sorcible is Money : Nihil tam 〈◊〉 quod non expugnari pecunia possit . Cic. Next to Money Arms are of most use as well to defend as to offend ; to keep , and to conquer ; for oft-tentimes occasion is to be offered as well to take from others , as to hold what is our own : Sua retinere private est domus , de 〈◊〉 certare Regia laus est . Tac. Also of great and necessary use is Counsel , to devise how Arms ought to be employed or enforced : Arma concilio temperanda . Tac. Likewise Friends and Consederates do greatly increase the Virtue of Power , the same being such as have both wit and ability to aid : In caducum parietem ne inclina . Adri. The last , yet not the least part of Power consisteth in Fortune ; whereof daily Experience may be seen ; for the Success of all humane Actions seem rather to proceed from Fortune than Virtue : Omni ratione potentior fortuna . Curt. To these Particularities concerning Power , we may add the Qualities of the Prince , which greatly Grace his Authority ; these are partly internal , and partly extenal : by the one I mean the Virtues of the Mind , by the other a certain seemly Behavior and comely gesture of the Body ; of the first kind I do suppose Piety and Providence to be the chief , for Piety maketh a Prince Venerable , and like unto God : Oportet principem res divinas videri curare serio & ante omnia . Arist. Providence is a Forecast and likely conjectures of things to come , supposed to be in those Princes that in their Actions proceed slowly and circumspectly , it seemeth also a course of Princely Discretion to be retired aud not ordinarily to converse with many : Autoritatem absentia tueare . Suet. CHAP. XVIII . Of Conspiracy and Treason , with the Causes and ways of Prevention or Discovery . COnspiracy is commonly addressed to the Princes Person ; Treasons are addressed against his Government , Authority , Country , Subjects , or Places of Srength . These Mischiefs are easily feared , but hardly eschewed ; for albeit open Enemies are openly encountred , yet Fraud and Subtilty are secret Foes , and consequently not to be avoided : Occulta pericula neque praevidere neque vitare in promptu est . Salust . The danger of Conspiracy proceedeth of divers Causes , as Avarice , Infidelity of Subjects , Ambition in Servants , and Corruption in Soldiers , therefore with great difficulty to be avoided : Vitae tuae dominus est , quisquis suam contempsit . Sen. Notwithstanding it seemeth that either by Inquisition , Punishment , Innocency , or Destiny , the evil Affection of Men may be oft-tentimes discovered : 1. For whoso will curiously inquire and consider the Actions and ordinary Speechees of Men ( I mean those that be Persons of Honor and Reputation ) may oft-tentimes vent the Myne that lurketh in the Minds : Quoniam rarò nisi male loqunti mali faciunt . Lips. 2. Punishment is likewise a thing so terrible that the Consideration thereof with the hope of Reward doth often discover those dangerous Intentions : Cruciatu aut praemio cuncta pervia sunt . Tac. But as it is Wisdom in Princes to give ear to Informers , so are they not always to be believed ; for Hope , Envy , Hate , or some other Passion oft-tentimes draws them to speak untruly : Quis innocens esse potest si accusare sufficit ? Tac. 3. The third and likeliest Desence against Conspiracy is the Princes own Innocency ; sor never having injured any Man , it cannot be thought there liveth any Subject so lewd as will endeauor to hurt him : Fidelissima custodia principis ipsius innocentia . Plin. 4. The last and best Bulward to withstand the force of this Mischief we call Destiny ; which proceeding from the Fountain of Divine Providence , may be truly called the Will of God ; in whose only Power it resteth to protect and defend good Princes : Ille erit a latere tuo , & custodiet pedem tuum ne capiaris . Salo. Treasons are most commonly enterprized by covetous Persons , who preferring private Prosit before Fame or Fidelity , do not fear to enter into any impious Action : To this humor ambitious Men dissentious , and all such as be desirous of Innovation , are inclined : Pulcra loquentes iidem in pectore prava struentes . Hom. To these Offenders no Punishment is equal to their impious Merit , can be devised , being Persons odious as well to Friends as Foes : Proditores etiam in quos anteponunt , invisi sunt . Tac. CHAP. XIX . Of Publick Hate and Contempt , with the Occasions and Means to redress and avoid it . HAving briefly touched the Virtues and Means whereby Princes are maintained in Authority and Honor , let something be said of the Causes from whence their Ruine doth proceed ; the chief whereof seemeth to be Hate and Contempt : Hate cometh of Fear , which the more Common it is , the more Dangerous : Nulla vis imperii tanta est , quae premente metu possit esse diuturna . Cic. The causes of Fear are Punishments , Impositions and Rigor ; and therefore it behoveth a Prince not only to shun them , but to eschew those Actions whereby he may reasonable incur their Suspision : Sentias enim homines ut metuant aut oderint , non minus opinione & fama , quam certa aliqua ratione moveri . Cic. Yet Punishment , Imposition and Censure are in all States necessary , although they shew and seem terrible , and consequently breed a certain Desperation in Subjects , unless they be discreetly and modesty used ; for extream and frequent Punishments taste of Cruelty ; great and many Imposts favor of Covetousness ; Censure of Manners when it exceedeth the quality of Offences , doth seem Rigour in these matters ; therefore it behoveth the Prince to be moderate and 〈◊〉 chiefly in Capital Punishment , which must be confined within the Bounds of Justice : Sit apud 〈◊〉 parsimonia etiam viliffimi sanguinis . Sen. But if for Security sake the Prince be forced to 〈◊〉 let the same be done with shew of great Sorrow and Lothness : 〈◊〉 〈◊〉 & 〈◊〉 nocum tormento ad castigandum veniat . Sen. Let all Punishments also be slowly executed ; for they that are hastily punished do seem to have been willingly condemned ; neither ought any Capital Punishment to be inflicted but only that which is profitable to the Commonweale , and for Example sake : Non tam ut ipsi pareant , quam ut alios pereundo deterreant . Sen. In punishing also a specil respect must be had , that no shew of content or pleasure be taken therein : Forma rabiei est sanguine & vulneribus gaudere . Sen. Also in Punishing , equality must be observed , and the nature of the Punishment according to the Custom : Nec eisdem de causis alii plectantur , alii ne appellentur quidem . Cic. But in punishing publick Offences wherein a Multitude have part , the Execution ought to be otherwise , and as it were at an instant , which may haply seem terrible , but in effect is not : Frequens vindicta paucorum odium 〈◊〉 〈◊〉 〈◊〉 at . Sen. Another means to satisfie a People offended is to punish the Ministers of Cruelty , and with their Blood to wash away the common hatred . Piaculares publici odii victimae . Plin. By this King David did appease the Gibeonites . The next cause of Discontent cometh of Impositions , under which word is comprehended all Levies of Money , a matter nothing pleasing to People , as that which they esteem equal to their own Lives : Pecunia anima & sanguis est mortalibus . Plaut . First , to remove Hate conceived of this cause , there is nothing better then publick Expostulation of Necessity : for what Commonwealth or Kingdom can be without Tributes ? Nulla quies gentium sine armis , nec arma sine stipendiis , nec stipendia sine Tributis haberi queunt . Tac. The second Remedy against Hate for Impositions is to make moderate Levies and rare . For as Tiberius the Emperor was wont to say , a Sheep should be sleeced not slead : Qui nimis emungit , elicit 〈◊〉 . Tac. Thirdly , also to eschew the Offence of People , it behoveth the Prince to have a vigilant Eye on Informers , Promoters , and such fiscal Ministers , whose Cruelty and covetous Proceedings do oft-tentimes occasion great Hate ; but this mischief may be , though hardly , encountred , either by choosing honest Officers , or ( proving otherwise ) not only to remain them but to use them as Spunges : Exprimendi post quam biberint . Suet. In all Impositions or Taxations , no Cruelty or Force ought to be used , the second cause to kindle Hate : and to meet with that mischief , nothing is better than to proceed moderately , and without Extremity : Ne Boves ipsos , mox agros , postremo corpora servitio aut poenae tradant . Tac. The fourth Remedy is the Princes own Parsimony , not giving so largely to private Persons as thereby to be forced to take from the Multitude : Magnae opes non tam multa capiendo , quam haud multa perdendo , quaeruntur . Maecaenas . The last help against Hate is in Taxation to proceed equally , indifferently , and without Favor or Respect ; and that the Assessors of Taxes may be elected of the meaner sort of People : Populis maximam fidem rerum suarum habet . Tac. Touching Censure , which we numbred amongst the causes whereof Hate is conceived , much needeth not to be spoken , because the same is discontinued , or rather utterly forgotten ; yet doth it seem a thing necessary , being a certain Observation and Controlement of such evil Manners and Disorders , as were not by Law corrigible ; these Officers were of the Romans called Magistri pudoris & modestiae . Livi. To the Function of Censures these two things are anciently subject Manners , and Excess ; under Manners I comprehend Wantonness , Drunkenness , Dicing , Brawling , Perjury , and all such Lawdness as Modesty condemneth . These Disorders were anciently punished by the discretion of Censors in all Ages and Sexes , to the end that Idleness might be generally avoided . Universa plebs habeat negotia sua , quibus a malo publico detineatur . Salust . Excess includeth Riotousness , expence of Money , Prodigal House-keeping , Banquetting and Superfluity in Apparel , which things are the Mothers of many Mischiefs . It also seemeth in some sort perilous to the Prince that the Subject should exceed either in Covetize or Consuming : Nemo nimis excedat , sive amicorum copia , sine opum . Arist. The Punishment inflicted upon these sorts of Offenders , were either 〈◊〉 or Pecuniary Punishments : Censoris judicium damnato nihil affert nisi ruborem . Tac. The first and chiefest means to remove these Inconveniences , is the Princes own Example , whose Life being well censured , easily reduceth others to order . Vit 〈◊〉 principis censura perpetua . Plin. Secondly , Those Disorders may be taken away without danger , if the Censures do proceed by degrees and leasurely ; for the Nature of Man may not suddenly be altered . Vitia quaedam tollit facilius princeps , si eorum sit patiens . Sen. These are the chiefest Rules whereby to esehew Hate ; but impossible it is for any Prince or Minister utterly to avoid it ; for being himself good , he incurreth the Offence of all bad Folk , if he be Evil , Good Men will hate him ; this Danger therefore Wise and Vertuous Princes have little regarded ; because Hate may be gained as well by good as evil Doing : Odia qui nimium timet , regnare nescit . Sen. One other means to remove this Error , is , to reward the good and well deserving Subjects ; for no Man can think him Cruel , that for love to Vertue useth Austerity ; which will appear , when he bestoweth Bountifully on the Good : Praemio & poena Respublica continetur . Solon . The other Vice which indangereth the State of Princes , we call Contempt , being a certain base and vile Conceit , which entereth into the Subjects , Strangers or Servants , of the Prince and his Proccedings ; for the Authority of a King may be resembled to the Powers of Mans Mind , whereunto the Pland , the Feet , the Eyes , do by 〈◊〉 obey : Vires imperii in consensu obedientium sunt . Livi. The Causes of Contempt do proceed chiefly from the Form of Government , Fortune , or the Prince's Manners ; the Form of Government becometh Contemptible , when the Prince , desiring to be thought Merciful , ruleth rather Pitifully than Justly ; which manner of Proceeding taketh away all Reverence in the People , and in lieu thereof , entereth Liberty , or at least a certain Boldness to offend : Facultas faciendi quod euilibet visum , non potest comprimere ingenitam singulis hominibus pravitatem . Tac. Also to be Mutable , Irresolute , Light and Inconsiderate in bestowing the Honors and Offices of State , maketh the Prince Contemptible : Qui praesentibus fruitur , nec in longius consultat . Arist. But if Contempt be caused by Fortune , or as may be said more reasonably , by Destiny , and that those Friends do fail , who ought in Duty to defend the Prince and his Authority , then is there small hope to esehew Contempt : Fato obnoxia virius . Plaut . The Prince's Manners do breed Contempt , when he yieldeth his Affections to Sensuality and Sloth , or if he incur the Suspition of Simplicity , Cowardise , or any such Vice , unworthy the Dignity he beareth : Common People do sometimes also disesteem the Prince for external and light causes , as Deformity of Person , Sickness or such like : Mos vulgi est , fortuita & externa ad culpam trahere . Tac. CHAP. XX. Of Dissidence and Dissimulation in the Management of State Assairs . ALbeit roundness and plain dealing be most worthy Praise , chiesly in private Persons ; yet because all Men in their Actions do not so proceed , it behoveth Wise Men and Princes , above others , at occasions to Semble and Dissemble ; for as in all Actions a Prince ought to be Slow and Advised ; so in Consent and Believing , Haste and Facility is most dangerous ; and though Credulity be rather an Error than a Fault , yet for Princes it is both Unfit and Perilous . Wherefore it importeth them to be desended with this Caution , Nihil credendo , atque omnia cavendo . Cic. Notwithstanding he must not shew himself Diffident or Distrustful utterly ; but as I wish he should not over-slightly believe all Men , so ought he not for small causes distrust every Man : Multi fallere docuerunt , dum timent falli . Sen. Dissimulation is as it were begotten by Dissidence , a Quality in Princes of so great Necessity , as moved the Emperor Tiberius to say , Nescit regnare , qui nescit dissimulare The Necessity of Dissimulation is chiefly to be used with Strangers and Enemies ; it also sheweth a certain Discretion in Magistrates , sometimes to disguise with Friends when no Offence doth thereof follow : Doli non sunt doli , nisi astu colas . Plaut . This kind of Craft , albeit in every Mans Conceit not praisable , is nevertheless tolerable , and for Princes and Maglstrates ( the same being used to good ends ) very necessary . But those Cunnings which are contrary to Vertue , ought not of Honest Men to be used ; neither dare I commend Adulation and Corruption , though they be often used in Court , and are of some Learned Writers allowed : Decipere pro moribus temporum , prudentia est . Plin. By great Subtilty and Frauds , contrary to Vertue and Piety , I mean Perjury and Injustice , which though all Men in Words detest , yet in Deeds are used of many , perswading themselves , by Cavillations and Sophistications , to excuse the Impiety of their False Oaths ; as it is written of Lysander , 〈◊〉 talis , viros jurament is circumvenire 〈◊〉 Plut. CHAP. XXI . Of War Defensive and Invasive ; with Instructions touching Laws of Arms , Soldiers and Military Discipline . THE Art Military is of all other Qualities most necessary for Princes , for without it they cannot be defended ; force of Men only sufficeth not , unless the same be governed by Council , and Martial Wisdom : Duo sunt quibus resp . servatur ; in hostes sortitudo , & domi 〈◊〉 . Tac. Military knowledge concerneth War , and every War is either Forreign or Domestical . Touching Forreign , it must be considered when it must be begun , how to continue it , and when to be ended ; to begin War , a Prince is to take heed that the Cause be Just , and the Enterprise advisedly entred into : Sunt enim & belli 〈◊〉 pacis jura , justeque ea non 〈◊〉 ac 〈◊〉 gerere debes . Livi. The Laws of Arms are in all Common-weales to be duly observed ; for to enter fight rashly and without respect to Reason , were Beastly ; also to Kill or Slay would work no better Effect , than that all Nations should without Mercy Murder one another : Barbaro ritu coedem coede , & sanguinem sanguine expiare . Sal. No War therefore is to be made , but such as is Just ; and in every Just War these three things are to be looked into ( viz. ) That the Author be of Authority , That the Cause be Good , and the End Just ; for in all States , the Prince , or they in whom the Sovereignty resteth , are the Just Authors of War ; others have no such Authority : Si quis privatim sine publico scito , pacem bejumve fecerit , capitale esto . Plato . Wars are of two sortt ; Defensive and Offensive ; the one to Resist , the other to Invade ; against Desence nothing can be said , because it is Natural and Necessary . Est non modo justum sed 〈◊〉 necessariam cum vi vis illat a desenditur . Cic. Defensive War is of two sorts , either to defend thine own , or thy Friends ; for it is reason that every one should keep securely that which to him appertaineth ; and therewith also by Arms to defend the Liberty of Country , Parents and Friends : Nullum bellum a civitate suscipitur nisi aut pro side aut pro salute . Cic. The like reason leadeth us to assist and protect Friends ; for the common Obligation of Humanc Society doth so require : Qui enim non obsistit si potest , injuriae , tam est in vitio , quam si parentes aut patriam , aut socios deserat . Cic. Invasion is also just and allowable , but not ever ; for whoso hath been robbed , or spoiled of his Lands or Goods , may lawfully seek Repossession by Force ; yet so as before any Force be used , he first civilly seek Restitution , wherein is Justice be denied , then is the use of Arms necessary : Justum bellum quibus necessarium ; & pia arma quibus nulla nisi in armis relinquitur spes . Liv. Likewise Invasion is lawsul against Barbarians , whose Religion and Impiety ought to be abhorred , chiesly if they be Potent and apt to offend ; for the cause of such War is Compulsion and Suppression of Evil : Cui licentia iniquitatis eripitur , utiliter vincitur . August . Finally , To conclude this matter of Invasion , I say , That no Revenge , no desire of Honor or Empire , are any lawful Causes of War ; but the intent thereof ought to be directed only to Defence and Security : For Wise Men do take Arms to win Peace , and in hope of Rest they endure Travel : It a bellum suscipiatur ut nihil aliud quam pax quaesita videatur . Cic. Having said somewhat against unjust War , let us speak of Temerity and unadvised War , an Enterprise worthy discommendation : Omnes bellum sumunt facile , oegerrime desinunt ; nec in ejusdem potestate initium & sinis est . Sal. A wise 〈◊〉 rince theresore ought neither to undertake any unlawful Invasion , nor without sober and mature Deliberation enter into any War , as he that is unwilling to oftend , yet of Courage enough to desend : Nec provoces bellum , nec timeas . Plin. To make War three things are required , Money , Men and Arms ; and to maintain a War , Provision and Council , are needsul : Theresore a wise Prince , before he begins a War , doth carefully consider what Forces and charge thereunto belongeth : Diu apparandum est bellum , ut vincas melius . Pub. Above all other Provisions , care must be had , that Bread be not wanting ; for without it neither Victory nor Life can be looked for : Qui frumentum necessariumque commeatum non praeparat , vincitur sine ferro . Vegetius . Lastly , It behoveth a Prince always to have Arms in readiness , I mean , Harness , Horses , Weapons , Artillery , Engines , Powder , and every other thing necessary either for Service on Horse or Foot : We may add hereunto Ships , and Shipping of all sorts , with every Furniture of Offence or Defence ; for these Preparations make a Prince sormidable , because no Man dare do or attempt Injury to that King or People , where Preparation is ever ready to revenge : Que desider at pacem , praeparat bellum . Cass. By Men we mean a Multitude of Subjects armed , trained to desend or offend : These are of two sorts , Captains and Soldiers ; and Soldiers are either Footmen or Horse-men ; the one of great use in the Champion , the other in Mountainous places ; also for defence or assault of Towns or Grounds fortisied most necessary , and consequently meet for Service in all places , which moved Tacitus to say , Omne in pedite robur . Tac. For sudden Service , Horses do seem most meet , and the Execution of any Enterprise is by them most speedily performed : Nevertheless the Actions of Foot-men do seem most certainly executed , chiesly if they be well armed , and skilfully lead ; for so Experience hath of late time proved ; besides , that they are of less Expence and of greater number : In universum aestimanti plus in pedite robur . Tac. Having thus proved , that both Horse and Foot be necessary , let us remember , that unless they be serviceable , great Numbers are to small purpose : Manibus opus est bello , non mult is nominibus . Livi. To make Soldiers serviceable , consisteth in good Choice and good Discipline ; the one at this day little regarded : Emunt militem , non legunt . Livi. Soldiers ought to be elected out of the most honest and able Number of Bodies , and every Company composed of Men known one to the other ; for thereby they are made the more Confident : But hereof is small heed taken , for commonly they are Purgamenta urbium suarum . Curt. Touching Discipline , it seemeth that thereof the external Form , and not the certain Substance , is observed : For as in former Ages Soldiers endeavored to be Vertuous and Modest , so now they rather study to excel in Riot than in Martial Knowledge : Exercitus lingua quam manu promptior , praedator est sociis , & ipsa praeda hostiam . Sal. For as much as Soldiers are made good by Election and Choice , it seemeth that the Foundation and Ground of Service consisteth in the Discretion and Judgment of those that have Authority to make Election ; yet will we add , that they must be chosen of Natural Subjects , for Strangers are Covetous , and consequently Corruptible ; they are also Mutinous and Cowardly : Their Custom likewise is to Rob , Burn and Spoil both Friends and Foes , and to consume the Princes Treasure : Ossa vides regum vacuis exsuct a medullis . Juven . But the Native Soldier is Faithful and Obedient , Resolute in Fight , Loving to his Country , and Loyal to his Prince : Gentes quae sub regibus sunt , pro Deo colunt . Curt. Native Soldiers are of two sorts , ( viz. ) They that be in continual Pay , and they that are trained ready to serve , but do not withstanding attend their own private Affairs , until they be called : The first are for all Princes necessary : In pace decus , in bello praesidium . Tac. Of this sort no great number ought to be , as well to eschew Disordor , as also to save Expences . The second kind of Foot Soldiers are to be levied in Villages , as People more patient of Pains , and fit for the Wars ; yet so judiciously disposed as the Citizens : Odio praesentium & non cupidine mut ationis . Tac. Touching the number of these extraordinary Soldiers , that must be referred to Discretion : Bellum parare , simul & aerario parcere . To conclude , I say these numbers of ordinary and extraordinary Foot ought to be according to the number of the People , not inserting any Gentlemen ; for Service on Horse-back is to them only proper : Alas rusticis non tribuo ; in nobilitatem & in divites haec a pauperibus oner a inclines . Livi. The most certain Notes whereby to conceive the Disposition of Men fit to become Soldiers , are these Five , The Country where they are Born , their Age , Proportion of Body , their Quality of Mind , and their Faculty . Touching , First , Their Country , it is a thing apparently proved , that Mountainous Regions , or Barren places , and Northern Habitations , do breed Wits well disposed to the War : Locorum asperitas hominum quoque ingenia durat . Curt. Secondly , The Age most apt for the War , was anciently observed to be about eighteen Years , and so the Romans used : Facilius est ad virtutem inslraere novos milites , quaem revocare praeteritos . Veget. Thirdly , The Stature of a Soldier ought to be observed : Marius liked best the longest Bodies ; Pyrrhus preferred large and well proportioned Men ; but Vegetius in his Choice , rather esteems Strength than Stature : 〈◊〉 est fortes milites esse quam grandes . Veget. Fourthly , The Mind or Spirit of a Soldier ought to be considered , for that Mind which is quick , nimble , bold and confident , seemeth apt for War : He is also of good Hope , that loveth Honor more than Ease or Profit : In brief , Is qui nihil metuit nisi turpem famam . Sal. Lastly , It is to be marked in what Art or Faculty a Man hath been bred ; for it may be presumed that Fishers , Fowlers , Cooks , and orthers trained up in Esseminate Arts , are unfit for Martial Endeavor : And as these Men were , in respect of their Trade , thought unmeet , so in old time , Slaves and Masterless-Men were repulsed from Arms , as Persons Infamous : Sed nunc tales sociantur armis quales Domini habere fastidiunt . Veget. How Soldiers ought to be chosen , these few words we have spoken , may suffice . Let us therefore say somewhat of Discipline . Choice findeth out Soldiers , but Discipline doth make and continue them fit for Service : Paucos viros fortes natura procrear , bona institutione plures reddat industria . Veget. Discipline is a certain severe Confirmation of Soldiers in their Valor and Vertue , and is performed by four means , Exercise , Order , Compulsion and Example . The two first appertain to Valor , the third to Vertue , the last to both : But of Exercise , first , I say , That a Soldier being chosen , ought to be informed in Arms , and used in Exercise and Action ; the word 〈◊〉 importeth nothing else : Exercitus dicitur , quod melius fit exercitando Varro . Order consisteth in dividing , disposing , and placing of Men aptly on all Occasions to be commanded , as the Leaders shall direct : This matter requireth a large Discourse , and therefore I refer it to skilful Captains and Writers , as Polybius , Vegetius , Dela Nonne , and others . Compulsion and Correction , is that which bridleth and governeth the Manners of Soldiers ; for no Order can be observed amongst them , unless they be Continent , Modest and Abstinent ; for Continency is chiesly to be shewed in their Diet , and moderate Desires : Degenerat a robore ac virtute miles assuetudine voluptatum . Tac. The Modesty of a Soldier is perceived by his Words , Apparel and Actions : For to be a Vaunter , or Vam-glorious Boaster , is far unfit in him that professeth Honor or Arms , seeing true Vertue is silent : Viri militiae nati , factis magni , ad verborum linguaeque certamina , rudes . Tac. The Apparel of a Soldier sheweth Modesty , if therein he do not exceed ; for albeit it fitteth well the Profession of Arms , to be well armed and decently apparelled ; yet all Superfluity savoreth of Ignorance or Vanity : Horridum militem esse decet , non coelatum auro argentoque sed ferro . Livi. Abstincnce is also fit for all Soldiers ; for thereby guided , they refrain from Violence and Insolency ; by that Rule also they are informed to govern themselves civilly in the Country where they ferve , and likewise in their Lodgings : Never taking any thing from the Owner , nor committing any Outrage : Vivaut cum provincialibus jure civili , nec insolescat animus qui se sensit armatum . The last mark of Discipline we called 〈◊〉 under which word is comprehended Reward and Punishment : For Men are rewarded whensoever they receive for any excellent or singular Service , Honor or Riches : And for Evil , they have their due when they taste the Punishment thereunto belonging : Necessarium est acrius ille dimicet , quem ad opes & dignitates ordo militiae & imperatoris judicium consuevit evehere . Veget. Likewise as Gold and Glory belongeth to good and well deserving Soldiers ; so Pumshment is due to those that be Vitious and Cowardly ; for nothing holdeth Soldiers in Obedience so much as the Severity of Discipline : Milites imperatorum potius quam hostem metuere debent . Veg. CHAP. XXII . Of Generals and Commanders , and their requisite Abilities in Martial Enterprises and Expeditions . OF Soldiers let this little suffice , we will now speak of what Quality Chieftains and Leaders ought to be , for upon them dependeth the Welfare of whole Armies : Militaris turba sine duce , corpus sine spiritu . Curt. A Chief or General in War , is either of his own Authority Chief , or a General that commandeth in the Name of another . Of the first sort are Emperors , Kings and Princes ; of the other , be their Deputies , Lieutenants , Colonels , and indeed all general Commanders in the War : Now whether it be more Expedient that the Prince should command in Person or by Deputy , divers wise Men have diversly thought , therefore it may be thus distinguished ; if the War do then only concern some particular Part or Province , then may the same be performed by a Lieutenant ; but if the whole Fortune of a Prince do thereupon depend , then is he to command in his own Person and not otherwise : Dubiis bellorum exemplis summae rerum & imperii seipsum reservat . Tac. It therefore importeth the Prince sometimes by his own Presence , sometimes by his Deputation to perform that Office ; but however occasion shall require , it ever behoveth that one only Commander ought to be , ( for Plurality of Chieftains doth rarely or never work any good Effect ) yet with this Caution that he be of Experience , and Wise : In bellica praesectura major 〈◊〉 habendus peritiae quam virtutis aut morum . Arist. The Qualities required in a Chieftain are these , Skill , Vertue , Providence , Authority and Fortune : By Skill we mean he should be of great Knowledge , and long Experience , or to make a suffieient Captain ; the Information of others , or his own reading is not enough : Qui norit quis ordo agminis , quae cura exploandi , quantus urgendo trahendove bello modus . Cic. Military Vertue is a certain Vigor or Force both of Body and Mind to exercise Soldiers as well in fained War as to sight with the Enemy ; and summarily a Captain ought to be Laboriosus in negotio , fortis in periculo , industrius in agendo , celeris in conficiendo . Cic. Next to Vertue we placed Providence as necessary in great Captains ; for being of such Wisdom , they will not hazard nor commit more to Fortune than necessity shall inforce ; yet true it is , Fools and vulgar Folks , that commend or discommend Actions according to Success , were wont to say , Cunctatio servilis , statim exequi , Regium est . But advised and provident Captains do think , Temerit as praeterquam quod stulta , est etiam infelix . Livi. Albeit Providence be the best mean of good Speed , yet some Captains of that Quality and in Skill excelling , have been in their Actions unlucky , when others of less Sufficiency have marvellously prevailed ; we may therefore reasonably say with Cic. Quod olim Maximo , Marcello , Scipioni , Mario & ceteris magnis Imperatoribus non solum propter virtutem , sed etiam propter fortunam soepius imperia mandata , atque exercitus esse commissos . Cic. Lastly , We wished Authority to be in Chieftains , for it greatly importeth what Opinion or Conceit the Enemy hath of such a Governor , and likewise how much his Friends and Confederates do esteem him ; but the chief and only means to maintain Authority , is Austerity and Terror : Dux Authoritatem maximam severitate sumat , omnes culpas militares legibus 〈◊〉 nulli errantium credatur ignoscere . Veget. Also Experience hath proved , that such Chieftains as were affable and kind to their Soldiers , were much loved , yet did they incur a Contempt ; but on the other side , those that commanded severely and terribly , although they gained no good Will , yet were they ever obeyed : Dux sacilis inutilis . App. CHAP. XXIII . Of Councils in War , and Directions Tactick and Stratagematick , with Advice how to make an honorable Peace . AFter Men found and framed sit for the War , to small or no purpose shall they serve , unles , they be 〈◊〉 by Wisdom or good Council : Mon minus est Imperatoris consilio quam vi persicere . Tac. Council in War is of two sorts , direct Council and indirect ; the first sheweth a plain and orderly course for proceeding , as to lay hold on occasion ; for as in all other Humane Actions occasion 〈◊〉 of great Force : Occasio in bello solet amplius juvare quam virtus . Veget. As Occasions presented are means of good Success , so Fame worketh 〈◊〉 Effects in the Wars , therefore it 〈◊〉 a Captain to be Constant , and not 〈◊〉 to believe the vain Rumors and Report , of Men : Male imperatur , cum regit vulgus 〈◊〉 suos . Sen. Confidence is also to be eschewed , for no Man is sooner surprised , than he who feareth least ; also Contempt of the Enemy hath been occasion of great Discomfitures , therefore as a Captain ought not to fear , so should he not contemn his Enemy : Nimia fiducia semper obnoxia . AEmyl . As Security , and overmuch Estimation of our own Vertue or Valor is hurtful , so doth it import every good Captain to be well informed , not only of his own Forces but also of what Strength the Enemy is ; likewise it behoveth him to know the Situation of the Country , and the Quality of the People , with every other Circumstance . Moreover , the Generals Honor and Capacity ought to be known , with the Condition and Nature of the Enemy : Impetus acres cunctatione languescunt , aut in persidiam mutantur . Tac. Temerity in War is also dangerous , sor wise Captains were wont not to Enterprise any thing without Deliberation and good Opportunity , unless they were thereunto by Necessity inforced : In rebus asperis & tenui spe , fortissima quaque consilia tulissima sunt . Livi. Some wise Men , not Superstitiously but Discreetly , do think prodigious Signs from Heaven , or on Earth , are not to be neglected , neither are Dreams in time of War to be contemned : Nam amat benignit as numinis , seu quod merentur homines , seu quod tangitur eorum affectione , his quoque rationibus prodere quae impendent . AEmi . A wise Captain will also wait Opportunities , and spy out fit times when the Enemy is wearied , or pretending fear , draw him into danger ; which Advantages , with many other , are gained chiesly by observing of time : Quia si in occasionis momento , cujus 〈◊〉 opportunit as , cunct at us paulum fueris , nequicquam mox omissam querare . Livi. Next the Observation of Time , the Place is to be well considered , whether it be for thine Advantage or thine Enemies : Amplius prodest locus saepe quam virtus . Veget. Thirdly , It importeth much , that Men be well ordered , trained , and prepared for the Fight ; for the want of Art is cause of many Disadvantages , and many times a small Supply of choice Soldiers on Horse-back or Foot , doth seem to the Enemy very Terrible ; likewise a sudden Shout or Conceit hath amazed a whole Army : Milites vanis & inanibus , magis quam justis formidinis causis moventur . Curt. Fourthly , It were to good purpose , that in ordering of Men for Fight , Soldiers of one Country or Nations , should be ranged together , and above all , to foresee that the least loss of Blood be among the Natural Subjects , and so handle the Matter , that the chief Slaughter light upon Strangers and Mercenaries : Ingens victoriae decus , citra domesticum sanguinem bellanti . Tac. The Generals own Courage and lively Disposition to Fight , will greatly animate the Multitude of Soldiers , as a contrary 〈◊〉 or Appearance of Fear , will exceedingly Amaze and Daunt : Necesse estad fugam parati sint , qui ducem suum sentiunt desperare . Veget. It were also for thy great Advantage , that the Forces should be ordered for the Fight , before the Enemy be prepared . First , For that thou maist the better perform , what thou thinkest fit to be done . Secondly , That thereby thine own Forces will thereof receive great Courage , being readiest to assail the Enemy , and to begin the Fight : Plus animi est inferenti periculum , quam propulsanti . Livi. After Victory it is not the best Policy to execute the Enemies with extream Cruelty , but proceed Moderately , for it shall suffice the Victory is thine : Clausis ex desperatione crescit audacia , & cum spei nihil est , sumit arma fermido . Veget. Lastly , I would advise that the General should be wary in his Actions , and in every Enterprise to frustrate the Soldiers from Spoils and Pillage : Saepe obstitit vincentibus pravum inter ipsos certamen , 〈◊〉 hoste spolia consectanda . Tac. Of direct Councils , let that we have said suffice . We will now speak of Councils Indirect , commonly called by the Greek Word , Stratagems or Subtile Practices : Which manner of Proceeding , hath been , in times past , of divers Grave Writers condemned : Vir 〈◊〉 〈◊〉 〈◊〉 & clanculum velit oscidere hoslem . Eurip. Notwithstanding the Opinion of this , and divers other Writers worthy Credit , it seemeth reasonable , and in Piety allowable , that Stratagems and Subtilties may be used in the War , yet with such Caution , as the same may stand with Fidelity and Honor ; for Fraud being used , contrary to Contracts and Agreements made with the Enemy , is mere Treachery : As to Poyson him or her , a Murtherer to kill him , were plain Impiety : Faederatum injuste fallere , impium . Livi. Also out of the War covertly to kill a particular Enemy by secret Assault or Practice , is not warrantable , either by Faith or Honor ; yet to use all Crast , Cunning and Subtilty in open War , is both allowable and praisable ; and so is thought by Christian Writers : Cum justum 〈◊〉 suscipitur , ut aperte pugnet quis aut ex insidiis , nihil ad justitiam interest . Aug. The same is also approved by divers Authors of good Credit : Consice sive dolo 〈◊〉 〈◊〉 cominus euse . The same is also 〈◊〉 by Xenophon , Reipsa nihil utilius in bello dolis . Thus having briefly touched what Counsels are required in War , let us consider how Victory is to be used , for the end of every good War is Peace ; to the enjoying whereof , three things are required , Wariness , Mercy and Modesty ; because over-great Confidence may happily impeach the end of good Success : Res secundae negligentiam creant . Livi. I also wish the Victory to be handled Mercifully , because all Conquests are in their own Nature cruel enough : And the Ire of Insolent Soldiers , forces the Conquered to become Desperate : Gravissime morsus irritate necessitatis . Curt. To proceed Modestly , is also and honorable Quality in him that conquereth ; for in prosperous Fortunes , Men do hardly refrain covetous and proud Doings ; yea , some good and great Captains have in like cases forgotten what did best become them : In rebus secundis etiam 〈◊〉 Duces insolescunt . Tac. After Victory followeth Peace : For if War did ever continue , no State or Government could stand : Therefore how great , or how long soever the War be , the end must be Peace ; the name whereof is not only Sweet , but also Comfortable : Pax una triumphis innumeris potior . Peace is not only good and profitable to him that is Victorious , but also to those that are victored : Pacem reduci velle victori , expedit , victo necesse est . Tac. Nevertheless until good and honorable Peace be offered , Arms may not be laid aside : Wherein I wish Tully's Advice to be followed : Bellum gerendum est ; si bellum omittemus , pace nunquam fruemur . Livi. In Treaty of Peace , two things must be considered : First , That the Conditions be Honorable . To condescend to any Base Conditions , is unto a Princely Mind not only great Indignity , but also Intolerable : Cum dignitate potius cadendum , quam cum ignominia serviendum . Plut. It also importeth , the Peace should be simple , true and unseigned ; for all seigned and dissembling Amity is to be doubted : Pace suspecta tutius est bellum . Mithrid . The fittest Season to speak of Peace , is either when the War beginneth , or during the time that the Enemies be of equal Force ; for if the War continueth , it must behove the Weaker to yield to Necessity : Not unlike the Ship-master , who to save himself doth cast the greatest part of his Loading into the Sea : Necessitati pare , quam ne dil quidem superant . Livi. Finally , Having generously defended thy self , and performed all things required in a magnanimous Captain , and finding nevertheless thy Force insufficient , it cannot be dishonorable to accept Peace . Wherefore laying aside Hatred and Hope , which are but weak Supporters , thou maist recommend thee and thine to the approved Discretion of an honorable Enemy : Victores secundae res in miserationem ex ira vertunt . Livi. Now for as as much as every Peace promiseth Rest and Quiet , as well to the Victorious as to the Victored ; we may add thereunto , that the Prince Victorious receiveth thereby Honor , Profit and Security . For although his Happiness may occasion Hope of great Success , yet in respect of Fortunes Mutability , it shall be Good and Glorious to listen to Peace : Decorum principi est cum victoriam prope in manibus habeat , pacem non abnuere , ut sciant omnes te & suscipere juste bellum , & finire . Livi. It seemeth also the more Honorable ; for who so is Victorious , doth give Peace and not take it : He also sheweth himself Discreet by using a Moderation in Victory , and no Extremity in Spoiling , which our Wise and Godly Writers have commended : Pacem contemnentes , & gloriam appetentes , pacem perdunt & gloriam . Bern. Peace is also Profitable for the Victorious , because continual War breedeth Weariness , and of violent Proceeding Desparation and Peril cometh : Maximi & mortiferi morsus esse solent morientium Bestiarum . Sen. Likewise Peace is more assured than any Victory . Hope of the one is in thine own Power ; the other in the Hand of God : Add thereunto the force of Fortune , which hath great power in all Humane Actions : In rebus secundis nihil in quenquam superbe ac violenter consulere decet , nec praesenti credere Fortunae , cum quid vesper seral , incertus sis . Sen. Also Conditions of Peace ought to be reasonably and freely bestowed : For no People can live contented under such a Law as forceth them to loath the State wherein they are . Misera pax bello bene mutatur . Sen. CHAP. XXIV . Of Civil War , with the Causes and Remedies thereof . THE greatest and most grievous Calamity that can come to any State is Civil War ; for therein Subjects take Arms against their Prince or among themselves , whereof followeth a Misery more Lamentable than can be described . Non aet as , non dignit as quenquam protegit , quo minus stupra caedibus , & caedes stupris misceantur . Tac. The first Cause of Civil War proceedeth of Destiny , for God in his own Divine Providence foreseeth many Years before , that great and mighty Empires shall be ruined . In se magna 〈◊〉 laetis hinc numinarebus Crescendi posuere modum / s - / Lucan . The second Cause is , Excess , Riot , and Dissolute Life ; for nothing breedeth Civil Fury so soon as over great Happiness ; also pompous Apparel , Banquetting and prodigal Spending consumeth Riches , and Plenty is turned into Poverty ; for by these means are Men brought into Desperation . Rapacissimo cuique ac perditiffimo , non agri aut 〈◊〉 sed sola instrumenta vitiorum manebunt . Tac. Now to consider how Destiny might be eschewed , were in vain : For such a Remedy no Wit or Wisdom can devise , being the Decree of God , no doubt it is inevitable . Ita fato placuit , nullius rei eodem semper loco stare fortunam . Sen. There is nothing exempt from the peril of Mutation ; the Earth , Heavens , and whole World is thereunto Subject . 〈◊〉 eunt cuncta temporibus ; nasci debent , crescere , extingui . Sen. Touching the second Causes of Civil War some Remedies may be used , because it proceedeth of Faction , Sedition or Tyranny . I call Faction a certain Association of divers Persons combined to the Offence of others . It proceedeth often of private or publick Displeasure , and more often of Ambition . Nemo eorum qui in Rep. versantur , quos vincat , sed a quibus vincatur , aspicis . Sen. 1. Factions are of two sorts ; for either they consist of many or of few Persons : both be dangerous , but the former more apt to take Arms ; and that Party which proveth weakest , prayeth Arms of Foreign Forces . 2. The other Faction wherein are fewer partakers , be commonly great Personages or Men of more Importance than ordinary People ; and that proveth most Perilous and Bloody . Nobilium factiones trahunt ad se , & In partes , universum etiam populum . Arist. Albeit some wise Men have held Opinion that Factions are necessary , yet cannot that conceipt be reasonably maintained , unless it be upon Consines , and in such places where Conspiracy is feared , which Cato in his private Family used . Semper contentiunculas 〈◊〉 〈◊〉 〈◊〉 inter servos callide serebat , suspectum habens nimiam concordiam orum , metuensque . Plut. Factions against the Nobility , are sometimes suppressed by forbidding Colors , or unknown Bagdes to be worn , also to inhibit Names or Watch-words of Mutinies is necessary , which was Mecaenas Counsel to Augustus ; and Aristotle thinketh it fit that Laws should be made against the Factions of Noblemen . Nobilium contentiones & partes etiam legibus oportet prohibere conari . Arist. Another Cause of Civil War , we call Sedition , which is a sudden Commotion or Assembly of Common People against their Prince or his Magistrates : the Original of which Disorders may proceed of divers Causes , but chiefly of Oppression . Imminentium periculocum remedium , ipsa pericula arbitrari . Arist. Again , Fear may be the occasion of Sedition , as well in him that hath done Injury , as in him that looketh to be injured , and is desirous to prevent it before it cometh . It may proceed also of over great Mildness in Government . Non miseriis licentia sed licentia , tantum concitum turbarum , lascivire magis plebem quam saevire . Livi. Sedition many times ariseth of Poverty , or of the Artificers , whose Arts are grown out of Use , and consequently no means whereof they can live . Semper in civitate , quibus opes nullae sunt , bonis invidem , vetera odere , nova expetunt , odio rerum suarum mutari omnia student . Sab. Lastly , Sedition cometh of Tyranny , Insolency , or Mutinous Disposition of certain Captains , Cavaliers , or Ring-leaders of the People ; for albeit the Multitude is apt to Innovation , yet doth it stand firm , until some first Mover taketh the matter in hand . Multitudo omnis , sicut mare , per se immobilis . Livi. Of these Movers some are Ambitious , who wanting other means to Aspire , hope by practice of Sedition , to compass their Designs ; or else they are Unthrifts , who having consumed their own , seek by Violence to possess themselves of other Mens : Or else they are vain and light Persons , that without Cause or Reason , attempt Innovation , themselves know not for what . Non tam praemiis periculorum , quam ipsis periculis loeti , pro certis & olim partis , nova , ambiguae ancipitia maelunt . Thus having told the Causes of Sedition , I wish the Remedies were prepared . Omne malum nascens facile opprimitur , inveteratum fit plerumque robustius . Cic. The first way to suppress Sedition , is Eloquence and excellent Perswasion , which oft-tentimes worketh great Effects among the Multitude ; chiesly when it proceedeth from some Reverend and grave Person , for his Wisdom and Integrity of Life honored : For the Prince himself is not to take Office in hand , unless necessity so inforce : Integra autorit as principis majoribus remediis servetur . Tac. If Perswasion cannot prevail , then Force must compel : But before such violent Proceedings , Use , Art and Cunning , either to appease the People , or at least to disunite them ; and rather if the Prince do offer fair and promise plausibly . Verba apud populum plurimum valent . Tac. It is lawful also in such Cases for Princes to use Subtilty ; and the same not prevailing , to wash away the Stain thereof with Clemency : For when Arms laid down , and every one yielded , general Punishment were needless . Omnium culpa fuit , paucorum sit poena . Tac. The last Cause of Sedition we named Tyranny , which is a certain violent Government , exceediug the Laws of God and Nature . The difference between Kings and Tyrants is this ; the one imployeth Arms in defence of Peace , the other useth them to terrific those of whom his Cruelty hath deserved Hate . Auferre , trucidare , rapere , falsis nominibus imperium , atque ubi solitudinem fecerint , pacem appellant . Tac. The quality of Tyrants is to esteem Promoters more then good Ministers , because those Men are the Scourge of infinite others . They are also Protectors of impious Persons , and stand in daily doubt of Noble and Virtuous Men. Nobilitas , opes , amissi gestique honores , pro crimine : Et ob virtutes certissimum exitium . Tac. Tyrants do also endeavor to suppress the knowledge of Letters and Civil Life , to the end all Arts should be exiled , and Barbarism introduced . Pellunt sapientiae professores , & omnes bonas artes in exilium agant . Tac. These and such like , be the Conditions of Tyrants , who for the most part are deposed and slain ; for as Kings live long and deliver their Doininions to their Children and Postority : So Tyrants being feared and hated of all Men , cannot continue in their Estate . Adgenerum Cereris sine coede & vulnere pauci Descendunt reges & sicca morte Tyranni . Juvin . The Remedies of these Mischiefs which proceed from the Violence of sach a Prince , are Persecution or Patience . Many generous Spirits have used the first ; perswading themselves rather to dye , than endure the sight of a Tyrant . Also the Grecians did think it a Service acceptable to Murther the Person of such an impious Prince . Graeci homines deorum honores tribuebant iis qui Tyrannos necaverunt . Cic. Nevertheless , in Christian Consideration , the other Course is to be taken : Let Patience therefore incounter this mischief ; for seeing all Kings , as well the bad as the good be sent by God , they must be indured . Res est gravis occidere regalem stirpem . Homer . Persecution is not only perilous , but for the most part infortunate : For therefore present Revenge is taken by that Prince that succeedeth . Facinotis ejus ultor est , quisquis successerit . Tac. The Murther of Tyrants is also followed with many inconveniences worse than Civil War it self . Principes bont , votis expetendi , qualescunque tolerandi . Tac. For as Fire , Floods , and other inevitable Plagues are necessarily to be suffered : So evil Princes in their Covetousness and Cruelty ought to be patiently indured , because their Office is to command , and Subjects must Obey . Indigna , digna habenda sunt , Rex quae facit . Sen. And as it is the use of vulgar People to find Faults in the long Reign of Princes ; so the Ambition of great Subjects is desirous of Novelty . Proesens imperium subditis semper grave . Thucyd. To conclude , we say that the best Remedy against Tyranny , is Patience : For so long as Men are , so long will Vices be . Regum ingenia toleranda , neque usui crebrae mutationes . Tac. CHAP. XXV . A Collection of Political Observations ( confirmed by Reason and Experience ) advertising Princes , Statesmen and private Persons how to demean themselves in all Fortunes and Events . TO the Perfections of Men , Three things are necessarily required ; Nature , Nurture and Use : The first giveth Capacity , Aptness and Understanding ; which are Graces from Above . Nurture , is Learning , Knowledge , Art , or Order . Use , is Practice , Experience , and orderly Observation ; whereof may be conceived , that Nature alone susficeth not ; nor can Nurture work any good effect , where natural Aptness wanteth ; and they can frame no Perfection , unless Experience be also conjoined . Nemo nascitur sapiens , sed fit . Sen. Ambassadors , Negotiants , and generally all other Ministers of mean Fortune , in Conversation with Princes and Superiors , must use great respect , shewing themselves rather Ceremonious than Presumptuous , and acknowledge their Obligation great , for the Favor and Grace , they find in those which might command them . It is no wisdom ever to commend or discommend the Actions of Men by their Success ; for oft-tentimes some Enterprises attempted by good Counsel , end unsortnately ; and others unadvisedly taken in hand , have happy Success . Who so then commendeth inconsiderate Counsels for their fortunate Event , thereby encourageth Men to jar and discomfort the wiser sort to speak what they know , and by Experience have proved . In Actions publick , and every other matter of great moment , the beginning is well to be considered : For afterwards it lieth not in our power , without dishonor to abandon what was begun . The time doth not always serve , nor is apt occasion always offered to Enterprise what would ; yer who so doth expect every Opportunity , shall either attempt nothing at all , or if he do , the same for the most part turneth to his own disadvantage . When any Resolution is taken , either with over great haste , or too much Affection , seldom it receiveth good success : For he that doth the one , hath no leisure to consider ; the other transporteth the Mind so as it cannot conceive more than that which presently presseth . To these we add others , I mean some of them that have leisure , and are void of Affection , yet for want of natural Capacity , or for continual Negligence in their doings , never bring any thing well to pass . Who so desireth to be beloved in a Commonwealth , must rest content with that which Men do give , and the Laws allow him to take : So shall he neither incur Danger nor Envy : for indeed , that which is taken or extorted from others , and not that which is given , doth make Men hated . Arms , Laws and Religion , may not in any well governed State be disjoined ; every one of them in particular maintaineth them all united . In Actions of War , Courage and Conduct are of great Necessity ; yet all good Government consisteth in using the Virtues Moral ; and in handling the matter of Martial Policy , it is fit to imitate the Proceedings of ancient and approved Captains . Among Mortal Men , there is nothing more common than to believe the Estate of one Man to be better than another ; for hereof it cometh , that every one endeavoreth rather to take from others with travel , than to enjoy his own with rest . The state of Princes is good , being well used ; so is the Fortune of private Men , if therewith they be contented . The rich Man liveth happily , so long as he useth his Riches temperately ; and the poor Man that patiently endureth his Wants , is Rich enough . Whensoever a Man is so dangerously distressed , as either proceeding or standing , he liveth in like peril , then doth it behove him in any wise , to resolve upon Action . The reason is , that so long as nothing is done , the same Accidents that caused his Dangers , do still remain in their former force ; but if he endeavor to enterprise somewhat , either he may meet with means to make him secure , or at the hardest , shew himself of so great Courage and Wit , as he dare and can attempt a way to do it . It seemeth a thing of great difficulty , or rather impossible for any Prince or Magistrate to eschew the evil speech and bad report of Men ; for if they be good and virtuous , then they incur the backbiting of lewd Persons ; if evil , then will all good Men exclaim against them . All Commonwealths ought to desire Peace , yet it is necessary ever to be prepared for the War ; because Peace disarmed is weak , and without Reputation : Therefore the Poets feign , that Pallas the Goddess of Wisdom did always appear armed . Every Prince ( well advised ) ought to govern his Subjects and Servants in such sort , that by his Affability and Virtue they may be induced rather to serve voluntarily , then for Pay or hope of Preferment . For otherwise doing , whensoever the Prince shall want means to pay , the Subjects likewise will fail of good will to serve . But he that faithfully loveth , doth neither in Prosperity become Arrogant , nor in contrary Fortune retire , or complain of the small favor he findeth : For ( till death ) Love and Life remain at the Princes Commandment . Where poor Men find Justice , evil Men are punish'd , Measures and Weights be just , Youth well nurtured , and old Folk free from Avarice , there is the Commonwealth good and perfect . In War between Neighbors , Neutrality is commendable ; for by that means we eschew many Troubles and great Expences , so long as the Forces of either side be so equal in strength , as we need not to fear the Victory of any : For so long their Discord is our Security , and oft-tentimes offereth us means to increase our own State and Reputation . The chief Reasons to move War , are , the sustice of the Cause , the Facillity of Success and the Profit of the Victory . In all Humane Actions it behoveth to accommodate the Council of Men unto present Necessity , and never to expose Security to manifest Peril , nor hope of that which without great Difficulty or Impossibility cannot be obtained . It is the Nature of Men , having escaped one Extreme , which by force they were constrained long to endure , to run Headlong into the other Extreme , forgetting that Vertue doth always consist in the mean. The Multitude is inclined to Innovation , and easily induced by false Perswasion , and consequently easily transported by Seditious Leaders . Men are naturally disposed to fear those things which threaten Danger and Terror ; yet unless these Perils , by some new Accident , be daily revived , that Fear by little and little vanisheth , and Security recovereth the place . Whoso findeth himself contemned , or not respected , becometh Discontent ; which Humor in generous Minds , breedeth oftentimes Adventerous Imaginations , whereof Audacious Attempts have followed , chiefly in Persons of Authority and Reputation ; for he that hopeth no Good , feareth no Evil : Yet true it is , that dangerous Enterprises , the more they be thought upon , the less Hope they give of good Success , for which reason Conspiracies not suddenly executed , are for the most part revealed or abandoned . All People do naturally imitate the Manners of their Prince , and observing his Proceedings , resolve to Hate or Love him : But if they happen once to Hate the Prince , then his Doings , Good or Evil , are afterwards not Good ; but if at the beginning he gained the Love of the People , then every bad Action is reputed a Vertue ; as though he could not be induced to do amiss without good Cause or Reason . Greatly are Princes deceived , if in the Election of Ministers , they more respect their own particular Affection , than the Sufficiency of the Person elected . A Prince having conquered any new Dominion , is thereby rather incumbered than strengthened , unless the same be after well governed ; and seldom is it seen , that a Principality , by ill means gotten , hath been long enjoyed . As to the Perfection of the whole Body , soundness of Head only sufficeth not , unless the other Members also do their Office ; even so it is not enough that a Prince be Faultless , but it behoveth also that the Magistrates and Ministers should perform their Duty . Great Princes rarely resist their Appetites , as for the most part private Men can ; for they being always honored and obeyed , do seldom with Patience indure the want of any thing reasonable , as being perswaded that what they desire is Just , and that their Commandment hath power to remove all Difficulties . All Men are naturally good , when no respect of Profit or Pleasure draws them to become Evil. But this Worlds Corruption , and our Frailty is such , as easily and often for our particular Interest we incline to the worst ; which was the cause that wise Law-makers found out Reward and Punishment ; the one to incite Men to Good , the other to fear them from being Evil. A Tyrant indeavoreth to maintain his Estate by three means . First , He practiseth to hold all Subjects in extreme Awe , and to be basely minded , to the end they should want Courage to take Arms against him . Secondly , He kindleth Diffidence and Discord among the Great Men ; thereby to remove occasion of Conspiracy and Combination . Lastly , He holdeth them Disarmed and Idle , so as they neither know nor can attempt any thing against him . To govern , is nothing else but to hold Subjects in Love and Obedience ; for in respect of the end , they ought not , and in regard of the other they cannot attempt any thing contrary to the Governor's Will and their Duty . The Laws and Ordinances of a Common-weale made at the beginning thereof when Men were good , do often prove unprofitable when they are become evil ; and therefore new Laws are made according to the Accidents which happen . The Discontent and Disorder of People is ever occasioned by the Inequality of their Goods , because the Poorer sort would be made equal to the Rich ; but the Offence that grows among great Men is the desire of Honor ; for they being equal , do endeavor to aspire to equal Authority . A Prince that desireth , by means of his Ambassador , to deceive any other Price , must first abuse his own Ambassador , to the end he should do and speak with more Earnestenss , being indeed perswaded that the Intent and Meaning of his Master is Simple , which happily would not , were he privy that his Prince's Meaning were to Dissemble . This course is also commonly holden by those , that by Imployment of a third Person , would perswade any thing Feigned or False . For the Performance of Conditions of Treaty of Peace , or League of Amity , the Promises , Vows and Oaths of Princes are of great Effect ; and because Fidelity in a Man is not ever certain , and time doth daily offer Occasions of Variation , there is no Assurance so Secure and Good , as to stand so prepared , as the Enemy may want able means how to offend . To resolve in Matters Doubtful , or answer Requests which we are not willing to grant , the least offensive way is not to use direct Denial , but by delays prolong the time , and so in effect , afford good Expectation . The old Proverb faith , Magistratus virum ostendit ; which is no less true than Ancient ; for Men in such Fortune , are occasioned not only to make proof of their Sufficiency , but also to discover their Affections ; and the more their Greatness is , the less respect they have to contain those Passions which are natural . Albeit great Troubles and continual Adversity seem Insupportable , yet is there nothing more Dangerous , than overmuch Prosperity ; and being pressed by new Appetites , they disturb their own Security . In speaking of Occurrents doubtful , it is always Wisdom to feign Ignorance , or at least alledge that we believe them not ; for most commonly they are utterly untrue , or far other than vulgarly is believed . The Actions of Men are commonly liked or disallowed according to the bad or good Success ; attributing that to Council which sometimes is due to Fortune . The Multitude of Men were wont to be more pleased with sudden than slow Resolutions ; and many times account those Enterprises Generous , which are rashly and inconsiderately attempted . Great Difference there is between Subjects Desperate , and others which are only Discontented ; for the one desire nothing but present Alteration , which they endeavor with all Hazard ; the other wish for Innovation , inciting any Motion or Practice , because their Intent is to attend time , and that occasion may present it self . A Benefit bestowed on him who thinketh himself greatly injured , doth not suffice to raze the same out of his Memory , chiefly if the Benefit be given at such time as no mere Motion , but Necessity may seem the occasion thereof . That Peace ought to be desired , which removed Suspition , which assureth us from Peril , which bringeth Quiet certain , and acquitteth us of Expences ; but when it worketh contrary Effects , it may be called a dangerous War , covered with the name of Deceitful Trust , not unlike a perilous Poyson ministred in lieu of a wholsome Medicine . The Effect of things , and not External show , or seeming , ought to be regarded ; yet it is credible what great Grace is gained by courteous Speech and Affability ; the reason whereof is , as I suppose , that every Man believeth he doth merit more than indeed he is worthy , and consequently holdeth himself injured , whensoever he findeth Men not to afford him like Estimation . Men ought in any wise , to refrain to do or say any thing which may offend , for which respect it were great Folly , either in presence or absence , to utter displeasing Speech , unless necessity inforceth . The Matters whereof Counsellors are chiesly to consider , are five , The Prince's Revenue , Peace and War , Defence , Traffick , and what Laws are to be made . In giving Council divers things are to be observed ; but amongst them are two of most Importance : First , It behoveth , that he who is counselled should be Wise ; for seeing Counsel is nothing else but a certain considerate Discourse of things to be done or not done , if he who is to take Counsel be not of Discretion , then will he refuse all good Advice offered , and rather incline to that which his own Fancy affecteth , because the want of Judgment draweth him to take I leasure in vain things ; and as one incapable of what is good and true , will follow that which is Evil and False : So on the other side , if he that giveth Counsel be not Faithful , then will he a Thousand ways disguise and dissemble the Truth , and consequently miscarry the Mind of him that is Counselled ; yea in the end utterly abuse him . The Affairs and Proceedings of the World , are so variable , and accompanied with so many Chances and Changes , as impossible it seemeth to judge what is best ; therefore Experience informeth , that the Conjectures of the most Wise , prove vain and uncertain . I therefore mislike the Judgment of those Men , that will let slip Opportunity of present Good ( though it be small ) for fear of a future Evil , notwithstanding it be greater unless the Evil be very near at hand , or certain . For if that do not follow which is feared , then wilt thou repent to have omitted that which was desired . Whensoever a general Opinion is conceived , of the singular Vertue and Knowledge of any Man , although he be indeed Ignorant , and far unworthy that Account , yet it is hard to remove such a settled Conceit : The Reason is , That Men having at the first given Credit to common Report , do make thereof so deep an Impression , as afterwards , without great Difficulty , cannot be removed . The Bodies of Men , Munition and Money , may justly be called the Sinews of War , yet of them the two first are more necessary , for Men and Arms have means to find Money and Meat ; but Money and Meat cannot so easily find Soldiers and Swords . One wise General having but a Thousand Men , is more to be feared and esteemed , than twenty Commanders of equal Authority ; for they being commonly of divers Humors , or judging diversly , do never , or very rarely , what is to be done , and consequently lose much time before any Resolution can be taken . A Prince of mean Force , ought not in any wise to adventure his Estate upon one days Fight ; for if he be Victorious he gaineth nothing but Glory ; but if he lose , he is utterly ruined . The most part of Men are delighted with Histories , for the Variety of Accidents therein contained ; yet are there few that will imitate what they read , and find done by others ; being perswaded that Imitation is not only hard but impossible , as though the Heavens and Men were changed in their Motion , or Order and Power , which they anciently had . The Nature of Men is such , as will not endeavor any thing Good , unless they be forced thereunto ; for where Liberty aboundeth , there Confusion and Disorder follow . It is therefore supposed , that Hunger and Poverty make Men Industrious ; but good Laws inforce them to be Honest ; for if Men were of themselves good , then Laws were needless . There are two kinds of Adulation : The first proceedeth from a Subtle Malice : The second cometh by an ordinary use of Conversation ; the one tendeth to Profit and Deceiving ; the other hath no farther Design , than a Respect or Fear to offend ; whereunto the most Honest are in some sort bound . Whoso bindeth himself to Flattery , doth thereby bewray his Intent , either to gain , or not to lose that he hath . For the Person slattered , is always superior to him that doth Flatter , or at least one as may in some sort stand him in stead . It may therefore be inferred , that only Men of base and miserable Condition , and such as cannot help or hurt , be free from Flatterers . And contrariwise , Magnanimous and Fortunate Folk , proud Men , and such as content themselves with their present Estate , are seldom found to be Flatterers . Every wise Prince doth presuppose , that Times of Trouble may come , and that all such Occasions he shall be forced to use the Service of Men diversly qualified . His Study therefore is , in the mean time so to entertain them , as when those Storms arise , he may rest assured to command them ; for whosoever perswades himself , by present Benefits , to gain the good Will of Men , when Perils are at hand , shall be deceived . In ancient times Princes and Governors were wont , when Peace and Security were most like to continue , to find or feign Occasions to draw their Subjects to Fear , to the end that Doubt might move them to be more careful of their own well-doing ; for well they knew it a general Defect in Men , to be reachless , and never willing to use Industry ; unless by necessity they were constrained . All Histories do shew , and wise Politicians do hold it necessary , that for the well governing of every Common-weal , it behoveth to presuppose that all Men are Evil , and will declare themselves so to be , when occasion is offered ; for albeit some Inconvenience doth lye hid for a time , it proceedeth from a covert occasion , which for want of Experience , was not found , until Time the Mother of Truth discover it . Neutrality is always a thing Dangerous and Disallowable , because it offendeth all Parties : He that is Strong looketh to be assisted in his Greatness ; and he that is Weak , not being defended , holdeth himself offended ; the one is not assured from Foes , and the other holdeth no Friends . Albeit Neutrality procure present Quiet and Security , during the Troubles of others ; yet after the same falleth out a Disadvantage , because it entertaineth a certain Falseness , and so in short space will be perceived ; not unlike those Men that borrow upon Usury ; for albeit they enjoy a certain time , without Trouble or Charge , yet the same being 〈◊〉 and the day of Payment come , they then feel the great Danger which their short Pleasure hath purchased . Whoso examineth all Humane Actions shall find , that in eschewing one Inconvenience , we presently incur another . As for Example , if we endeavor to make our Dominions Mighty , it behoveth to have the same fully replenished with People , and well armed , and so being , they are not easily governed . On the other side , if our Country be not well Peopled , or Disarmed , then it is easily holden in Obedience ; yet therewith so Weak , that it can neither increase the Bounds thereof , nor defend it self . It is therefore necessary , in all our Deliberations , to consider what Inconvenience is least , and choose that as the best ; for to find all Perfect , Void and Secure of Suspect or Imperfection , is impossible . A Prince being instantly required to take part with other Princes , the one being in Arms against the other , is he deny both , incurreth Suspicion of both , and may be thought to have Secret Intelligences with one or both of them ; so as either of them shall account him an Enemy , and consequently he that proves Victorious will be revenged ; and the other holding him suspected , will not acknowledge his Friendship . It is the use of Men to presume much upon their own Merit , and seeing the Success of some others to be such , as without Cause or Desert , are aspired to Dignity thereby encouraged , they promised to themselves the like : Nevertheless being entred into the course of their Design , and finding many Crosses and Impeachments they do not a little repent their Overweening and Presumption , but also many times utterly abandon their rash and unadvised Enterprize ; neither can I think , that the Vertue or Sufficiency of any Man without the Favor of the Heavens , can advance him ; for as the Poet saith , Nec velle juvat , potiusve nocet , si fat a repugnant . Whoso serveth a Prince far from his Presence , shall with great Difficulty content him . For if he commit any Error , it shall be aggravated : Besides that , the Instructions sent unto him cannot be particularly conceived , because the State of wordly things doth daily alter . Also to serve aloof , is a thing full of Danger and far from Reward ; which Inconvenience may for the most part be avoided by him that attendeth near to his Prince's Person . Let no Man that cometh to serve in Court , assure himself by his Wisdom to be advanced or eschew all Encounters . Neither is he to bear himself so careless as to commit all to Fortune , but be perswaded that this worldly Life is like to a Voiage by Sea ; wherein albeit Art with the favor of the Wind may do much , yet can we not assure our selves to arrive safe in the Haven appointed ; for daily Experience doth shew , that some strange Ships in the calmest Weather , are drowned or impeached by the way , when others much weaker and disarmed pass securely . Among Men worthy of Commendations , those have merited best that first planted true Religion : next they that framed Kingdoms and Commonwealths ; the third place is due to such as have augmented or enlarged their Dominions ; lastly , Learned Men deserve Fame and Memory : and as every of these are worthy of Fame and Honor ; so ought they to be accompted Infamous that introduce Atheism , or the Subversion of Kingdoms , or are become Enemies to Learning and Virtue . Whosoever taketh in hand to govern a Multitude either by way of Liberty , or Principality , and cannot assure himself of those Persons that are Enimies to that Enterprise , doth frame a State of short Perseverance : yet true it is that such Princes be infortunate , as for their own security are inforced to hold a course extraordinary , and have the Multitude their Enemy ; for he that hath few Foes may with small dishonor be assured ; but he that is generally hated can by no means live assured ; and the more Cruelty he useth , the weaker his Principality proveth . In commending another Man , great Moderation is to be used ; for as contumely offendeth him against whom , it is used ; so great praise , besides that it is uttered with danger to his Judgment that speaketh it , the same doth oft-tentimes offend him that heareth it . For Self-love which commonly possesseth Men , causes the Good or Evil we hear , to be measured with our own . And consequently every Man that is touched with like deserts and defects , doth grow offended that his Commendation is not set forth , and feareth lest his Imperfection should be discovered . It is often , or rather ever seen , that the force of Leagues not used in their first heat , becomes cold ; because Suspition soon entereth , which in short space will destroy whatsoever was concluded , and may not without long time be rejoined . The power of Ambition which possesseth the Minds of Men , is such , as rarely or never suffereth them to rest : The reason thereof is , That Nature hath framed in them a certain Disposition to desire all things , but not to obtain them ; so as our Desires being greater than our Power , therefore following Discontenr and evil Satisfaction . Hereof also proceedeth the Variation of Fortune ; for some Men desiring to get , and others fearing to lose that they had gotten , do occasion one Man to injure another , and consequently Publick Wars do follow ; by means whereof , one Country is ruined , and another inlarged . Princes of great Power , and chiesly those that are Inhabitants of the North , having many Children , were wont to be much inclined to the Wars , as well to win unto themselves Honor , as also to get Possessions for their Sons ; which manner of Proceedings did oft-tentimes remove such Disturbance as the Plurality of Brethren bringeth . These and other reasons induced Princes to attempt War against those Kingdoms , which in cheir opinion seemed easily conquered , or whereunto they can pretend little ; for by colour thereof they may the rather justifie their Proceedings . When a Prince deferreth to answer an Ambassador , it proceedeth from some of these Respects ; either because he will take time to resolve himself of somewhat whereof he doubteth , or that he intendeth covertly to deny that which is demanded , or that he esteemeth not the Prince that doth demand , or that he disdaineth the Person by whom the demand is made , or else that he intendeth to hear from his own Ministers to be better resolved : Wherefore a discreet Negotiator ought in such cases to consider which of these Reasons move the Prince where he is employed , to entertain him with delays , and make his dispatch accordingly . The sufficiency of good Counsellors consistetd in fonr things . First , They ought to be wise and skilful how to handle their Affairs , directing all doings to publick Commodity . Secondly , To be just in their Proceedings , giving to every one that which to him appertaineth . Thirdly , To be stout , and void both of partial respects and fear . And lastly , To be temperate and moderate in their Desires . Whoso desireth to govern well and securely , it behoveth him to have a vigilant Eye to the Proceedings of great Princes , and to consider seriously of their Designs : For it is matter of small difficulty to live in Peace with him who desireth our Amity , and provideth for others that endeavor to offend us . The Intelligences that Princes study to attain , are procured by divers means : Some are brought by report , some vented by Conversation and Sounding , some by means of Espials ; but the most sure and credibe Occurrents , are those which come from Ambassadors , chiesly those that either for the Greatness of their Prince , or their own Virtue , be of most Reputation . For those Men conversing daily with great Personages , and pondering diligently their Manners , Words , Wisdom , and the order of each Man's Troceedings , yea , of the Prince himself , may with Commodity attain unto matters of great Importance sooner than they that are Writers of Rumors , or that take upon them to Conjecture of things to come . Whensoever a People is induced to commit so great an Error , as to give Reputation to one only Man , to the end he should oppress all those great Men whom they hate , they thereby give him opportunity to become their Prince ; and so being assisted with their Favor and Aid , he may likewise extinguish all the rest of the Nobility ; and they being extirpated , he will also endeavor to tyrannize over the People , by whose help he aspired . So many as are not consenting to the Tyranny , rest Enemies to the Person of the Tyrant , who can by no means gain the Love of all . For impossible it is , that the Riches of any Tyrant should be so great , and the Honors he can give so many as may satisfie all . Hereof it cometh , that those Tyrants that are favored of the People , and disfavored of the Nobles , are most secure ; because their Tyranny is supported with a greater Strength ( having the Multitude their Friends ) then is the Tyrant whom the Humor of the Nobles only hath advanced . A dangerous thing it is in all Commonwealths by continual punishing , to hold the Minds of Subjects in Suspition ; for Men ever fearing their Ruine , will ( without respect ) determine to save them selves , and as Men desperate , attempt Innovation . All Capital Executions ought therefore to be executed suddenly , and as it were at one Instant , so to assure the Minds of Men from furher Molestations . The Intent of every Wise Prince that maketh War , either by Election or Ambition , is to gain and hold what is gotten : Also to use the matter so as thereby he may inrich himself , and not impoverish his own People or Country . He that inlargeth his Dominions , doth not always increase his Power ; but he that increaseth in force as well as in Dominion , shall thereby grow great ; otherwise he gained no more than is shortly to be lost , and consequently he ruineth himself : For who spends more in the War , than he gains by Victory , loseth both Labor and Cost . Every Prince and Commonwealth must above all things take heed , that no Necessity how great soever , do perswade him to bring into his Dominion any Auxiliary Soldiers ; because the hardest Conditions the Enemy can offer , are more easie than is such a Resolution . A Prince sheweth his Ruine at hand , whensoever he beginneth to break the , Laws and Customs , which are 〈◊〉 have been long time obeyed by the to People of his Dominion . That Prince which careth to keep himself secure from Conspiracy , ought rather to fear those to whom he hath done over-great Favors , than them whom he hath much injured : For these want Opportunities , the other do not ; and both their Desires are as one ; because the Appetite of Commanding , is always as much or more than the desire of Revenge . Whensoever a Prince discovers a Conspiracy , he must well consider the quality thereof , measuring the Force of the Conspirators with his own ; and finding them many and mighty , the knowledge thereof is to be dissembled , until the Princes Power be prepared to oppose them ; otherwise he hazardeth his own security . It hath been by long Experience found better to send one General to an Army , though he be of mean Sufficiency , than to give the same Authority to two or more Excellent Personages with equal Commission . He that coveteth to be over-much loved , oft-tentimes becomes contemptible ; and he that endeavoreth to be over-much feared , is ever hated : And to hold the mean between them , cannot be exactly done , because Nature will not so permit . Whoso aspireth to any Dignity , must resolve himself to endure the Envy of Men , and never to be moved for any Offence conceived against him , though they that be offended , be his dear Friends : Neither shall he for the first affront or encounter , relinquish his hope ; for he that constantly maketh head against the assault of Fortune , shall after with Facility arrive where he designed . In giving Council to a Prince or Commonwealth , and therefore desiring to eschew Danger and Offence , no other mean is to be taken than that the Counsellor shall without Passion or Perswasion pronounce his Opinion , and never to affirm any thing as a Resolution , but with modesty to defend that he speaketh ; so as the Prince which follows his Advice , may seem to do it voluntarily , and not forced by the importunity of him that gave the Counsel . A discreet Captain being in the Field against the Enemy , of whose Virtue he hath had no Proof , ought first by light Skirmishes to feel of what Virtue he is ; and not to Enterprise any general Adventnre , to the end that Terror or Fame should not daunt nor discourage his own Soldiers . Albeit Fraud be in all Actions detested , yet is the same in Martial Enter prises commendible and glorious : For that Captain who compasseth his Designs by Wit or Stratagem , is no less commended than he that Vanquisheth the Enemy by Violence and Force . In times of Extremity , when Resolution must be taken for the having or utter Loss of the State , then no regard is to be had of Justice or Injustice , Mercy or Cruelty , Honor or Ignominy , but rather setting aside all Respects , that course is to be followed which defended the Lives and Liberties of Men. Whoso desireth to know what will be hereafter , let him think of that is past ; for the World hath ever been in a circular Revolution : Whatsoever is now , was heretofore , and things past or present are no other than such as shall be again : Redit orbis in orbem . A Prince that desireth to obtain any thing at the hand of another , must if it be possible urge a sudden Answer , and lay before him that is moved , a Necessity to resolve presently , giving him to understand that denial or delays may breed a perilous and sudden Indignation . There is nothing more difficult , doubtful and dangerous than to attempt Innovation : For he that taketh in hand an Enterprize of such quality , maketh all those his Enemies which lived well under the old Order , and findeth them cold Defenders that affect his Novelties , which coldness proceedeth chiefly of Incredulity ; for Men are not easily induced to believe a new thing till Experience hath proved it to be good . There is no Art nor Knowledge so seemly and necessary for a Prince as the Art Military with theOrdinances and Discipline thereof : For that is the only Skill required in him that commandeth , and such a Virtue as doth not only maintain them that are born Princes , but often advanceth private Men to that Dignity . The deep Impressions which old Injuries make in the Minds of great Men cannot with new Benefits be razed out ; it is also to be remembred that Injuries be done all together : For they offend the less , and will be forgotten the sooner ; but Benefits should by little and little be bestowed , so shall the Memory of them long continue . A small pleasure or displeasure presently done , doth move more than a great good turn bestowed in times past ; for the taste of things present doth make a deeper impression in the Minds of Men , than doth the Memory of things past , or expectation of things to come . It is a matter of small difficulty to sound the discontentment of other Men. For every one doth willingly tell the well and ill deserving of Friends , and likewise how much or how little Foes can do , if we have Patience to hear , which Patience is the beginning of all good Speed ; but he that delighteth to speak much , and hear little , shall ever inform others more than himself can learn. Among other dangers which a Prince incurreth by being disarmed , the greatest is , that thereby he becometh contemptible ; for no comparison there is between Men armed and them that are disarmed : and no reason there is that he that is armed should yield Obedience to him that is disarmed , neither is it like that a Prince disarmed can be secure from his own Subjects armed . A Prince Ignorant of Martial knowledge , among other Misfortunes cannot be esteemed or trusted of his own Soldiers ; it behoveth him therefore as well in time of Peace as War to exercise Arms , which may be done by two means ; the one by Action of Body , the other by Contemplation of Mind . The Body may be exercised in Hunting , Hawking , and such like Pastimes ; thereby to be made apt to endure Travel : his Mind likewise may be informed by Reading of Histories , and the Consideration of Actions performed by excellent Captains , observing the occasion of their Victories or Losses , to the end he may imitate the one , and eschew the other . He that doth not as other Men do , but endeavoureth that which ought to be done , shall thereby rather incur Peril than Preservation ; for whoso laboureth to be sincerely Perfect and Good , shall necessarily Perish , living among Men that are generally Evil. A Prince that useth Liberality to his prejudice , ought not to regard the Infamy of Miserable , because his Parsimony will in time enable him to be Liberal , and so may declare himself to be , having by Parsimony increased his Power , and therefore without imposing upon the People , may defend himself from all such as will make War ; so shall he use Liberality to all them from whom he taketh nothing , who are infinite ; and use Miserliness to those only to whom he giveth , who are but few . There is nothing that consumeth it self like to Librality ; for if it be long used , it taketh away the means to continue it , and consequently doth make Men poor and basely minded : Or else to eschew Poverty , they shall be forced to Extortion and become Odious . It is better to incur the name of Covetous ( which is a Scandal without hate ) then with desire to be accounted Liberal , deserve the Infamy of Opperession ( an Ignominy accompanied with hatred . ) A Prince ought to be slow in believing , and advised in proceeding ; he should also beware not to make himself over much feared , but in all his Actions shew great Wisdom tempered with Curtesie ; so shall not over much Considence induce him to be careless , nor over much diffidence render him intolerable . Whoso observeth , shall see that Man offended , less respect him whom they Love , than him whom they fear . For Love is maintained by a certain reciproque Obligation , which because Men are Evil , useth to be by every occasion of Profit broken . But Fear is continued by a certain dread of Punishment which never faileth . A Prince that holdeth in the Field an Army wherein are great numbers of Soldiers , ought not to care though he be accompted Cruel : For without such an Opinion conceived , he cannot keep his Forces united , nor apt to attempt any Enterprize . Men for the most , do use rather to judge by their Eyes , than by their Hands , for every one may see , but few can certainly know . Every one seeth what thou seemest to be , but few can understand what thou art indeed ; and these few dare not oppose themselves to the Opinion of many which have the Majesty of Estate to defend them . Also in the Actions of all Men , and chiefly Princes , from whom is no Appellation , the End is ever observed . Machiavel . A Prince being forced to use the Condition of Beasts , must among them make Choice of the Fox and the Lyon ; for the Lyon cannot take heed of Snares , and the Fox is easily overcome by the Wolves : It behoveth him therefore to be a Fox to discover the Snares , and a Lyon to terrifie the Wolves . A Prince newly advanced cannot observe those Rules , which are the Cause that Men be accounted Good ; be being many Times constrained for defence of his State to proceed contrary to Promise , contrary to Charity , and all Vertue ; and consequently it behoveth him to have a Mind apt to Alteration , as the Wind and Variation of Fortune shall direct ; yet ought he not to abandon the Good , if so he can , but be ready to use what is Evil , if so he shall be inforced . Every Prince ought to have two Ears , the one Intrinsick , in respect of Subjects ; the other Extrinsick , in respect of Forreign Potentates , from whom he may be defended with Good Arms , and Good Friends : Also Matters Intrinsick will ever stand well , so long as all things abroad rest firm . A Prince that is favoured of the Multitude , need not to doubt Conspiracy ; but contrary wise , where the People is generally Discontented and Hareth the Prince , then may he reasonably doubt every Thing , and every Person ; for no Man is so Poor , that wanteth a Weapon wherewith to offend . When any Occasion is presented to have that thou desirest , fail not to lay hold thereof ; for these Worldly Things do vary , and that so suddenly , as hard it is to assure our selves of any thing , unless the same be already in Hand : On the other Side , if any Trouble threaten thee , defer it so long as thou mayest ; for Time may occasion some Accident to remove all Dangers . The Prince that doubteth the Fidelity of his Subjects , must of Force build Fortresses ; but he that feareth Foreign Force more than his own People , were better to leave them unbuilt . Howsoever it be , that Prince that desireth generally to be Respected and Esteemed , must perform some notable Enterprise , and give Testimony of great Vertue and Valour . A Prince shall do well at all Times to be counselled so as no Man do presume to give Counsel but when the Prince doth ask it . It is also to be noted , That he who is not of himself Wise , cannot be well counselled of others , unless happily he yield to some Wise Men the Government of his whole Affairs . For Good Counsels from whomsoever they proceed , shall be thought to come from the Prince , and not the Wisdom of the Prince to proceed from the Counsel of others . He that taketh Delight to be Employed in Publick Affairs , must by all Means endeavour to continue in such Services : For oft one Business dependeth on another , whereunto the Florentine Proverb may be applied , Di cosa , nasae cosa , & it tempole governa . Some Men have not only desired , but also compassed Honour and Profit ; yet being in Possession of both , were not therewith so satisfied , as they hoped to be ; which being believed , would happily extinguish the immeasurable Ambition wherewith many Men are possessed . By Experience I have learned , That great Folly it is to account That Ours which we have not , or spend presently in Hope of suture Gain . Therefore Merchants , during the Adventure of their Goods , do not increase Domestical Expences , but Fearing the Worst Assure what is in Hand . For such Men as have gained unto themselves Reputation and are accounted vertuous , to maintain that Conceit , and 〈◊〉 Envy , there is nothing better than a Life retired from daily Conversation , and chiefly of the Multitude . Fugiat sapiens commercia 〈◊〉 The End that moveth a Prince to make War , is to Enrich Himself , and Impoverish the Euemy : Neither is Victory desired for other Purpose than thereby to become the more Mighty , and make the Enemy Weak : Consequently wheresoever thy Victory doth Impoverish thee , or thy Gain therein doth Weaken thee , it followeth that either thou pass or undergo that 〈◊〉 whereunto the Intention of War was directed . And that Prince is by Victory 〈◊〉 that can 〈◊〉 the Enemies Power , and become Master of his Goods and Possessions . And that Prince is by Victory Impoverished when the Enemy , notwithstanding he be Victored , can still Maintain himself , and the Spolis and Possessions are not taken to the Use of the Prince Victorious , but imparted unto his Soldiers . For then may he be thought in his own Losing Infortunate , and in Victory Unhappy ; for if he be Vanquished , then must he endure the Osfence by Foes : And being Victorious shall be 〈◊〉 to abide the Wrong offered by Friends ; which as they be less Reasonable , so are they also less supportable , because he is still by Impositions forced to burthen the Subjects , whereof may be inferred . That the Prince , having in him any Generosity , cannot justly rejoyce at that Victory which causeth the Subject to lament . Who so desireth to obtain any thing , hopeth to compass his Desire , either by Intreaty , Presents , or Threatning ; for so shall he , to whom the Request is made , be moved either with Compassion , Profit , or Fear : Nevertheless , with Covetous and Cruel Men , and such as are in their Opinion Mighty , none of these can prevail . And consequently in vain do they labour , that go about by Suit to stir them to Pity , by Gifts to gain them , or by Threats to fear them . Who so is persuaded that any Common-weal can continue disunited , doth greatly deceive himself : True it is , That some Divisions do maintain the Estate , but other do indamage the same . They which do Harm , are such as with Sects and Partakings be accompanied ; they which help without Sects and Partakings , be maintained . A wise Governour therefore , albeit he cannot so exactly foresee but some Enemies will arise in the State , yet may he take Order that no Factions may thereby grow . It is therefore to be noted , that the Citizens of every Estate , may aspire to Reputation , either by Private or Publick Means . Reputation by Publick Means , is gained chiefly in the War , either by obtaining Victory in some Battle , or surprising of some City ; or else by performing some Ambassage deligently , prosperously : But Private Reputation is gotten by doing Favour to this or that Man , and protecting them from Magistrates , giving them Mony , advancing them unworthily to Honour and Office ; and by great Feasts , entertaining the Multitude ; of which manner of Proceeding , Sects , Factions and Partakings do grow : And as Reputation thus gained is dangerous , so the other without Faction is profitable ; because the same is founded on Common Welfare , and no private Profit : And albeit among Citizens of this sort , will oft arise great Hate , yet wanting Followers for their particular Profit , the State shall not be indangered , but rather strengthned ; for every Man endeavouring to deserve well , will hold himself within the Bounds of Civil Life , and by Vertuous Merits labout to be advanced . To persuade or dissuade particular Persons , is a Matter of no Difficulty : For if Words suffice not , yet Authority will prevail : But hard and perilous it is to remove a False Opinion conceived by a whole Multitude , for therein fair Speech and no Compulsion must be used . The best means which wise Captains can use to make their Soldiers resolute , is to take from them all Hope ; which Resolution may also be increased with the Love of our Country and Confidence in the Captain : For Confidence groweth by the Valour of Men , and Discipline in former Victories , and Trust reposed in the Leader . The Love of our Country is Natural , but the Affection we bear to the Captain , proceedeth rather from his Vertue , than the Benefits he hath bestowed . Necessity also may do much , and chiefly that where no Choice is left , but either overcome by Arms or dye in Desperation . There is nothing of so great Force to hold an Army united , as the Reputation os the Captain , which proceedeth only from his Vertue ; for neither Dignity nor Authority without Valour can work that Effect . The first Care that a Captain must have , is to hold his Soldiers well punished and paid ; for where Payment faileth , Punishment ought not to be inflicted : And consequently no Reason it is to punish him for Robbery , whom want of Pay enforceth to shift ; but where the Soldier is paid , and not punished ( offending ) then will he , without Respect , become Insolent towards his Captain ; whereof ensue Mutinies , Discord , and utter Ruin. It is a Custom , very honourable , not to promise more than thou wilt assuredly perform : Yet true it is , that whosoever is denied ( though justly ) doth rest ill-contented ; for Men indeed are . not governed by Reason : Otherwise it is for him that promiseth ; and so good Promises shall stand in stead of Performance : Besides that , he may find Excuse enough , because the most part of Men are so simple , that fair Words alone have Power to abuse them , chiefly when they proceed from a Person of Reputation and Authority . The best way , therefore , is not to promise precisely , but entertain the Suitors with Answers . general , and full of good Hope : Yet not such as shall directly and absolutely bind . The greatest and most material Displeasures that use to arise between the Nobility and People , are caused by the diversity of Humours , the one labouring to command , the other endeavouring not to obey ; so as all Troubles and Disorders in every Common-weal , do thereof receive Nutriment . The City which is maintained rather by Factions than Laws , so soon as one Faction is become strong , and without Opposition , the same of necessity must be divided in it self : for those particular Causes which were at the first taken , are not of Force enough to maintain it . It is the nature of Men not to endure any Discommodity , unless Necessity do thereunto enforce them : Which may apparently be perceived by their Habitations ; for as the Fear of War draweth them to Places of Strength ( for their Defence ) so that Peril being past , they do for the most part remove themselves to inhabit Countries of more Commodity and Profit . It may seem strange , and no even Measure ( yet approved by Experience ) that where many offend , few are punished . Also petty Errors are severely corrected , but great and grievous Crimes be rewarded . In like manner , where many receive Wrong , few seek Revenge . For Injurics universal , are with more Patience than particular Offences endured . All , or the greatest part of Men that have aspired to Riches or Power , have attained thereunto either by Force or Fraud : And without they have by Craft or Cruelty gained , to cover the foulness of their Fact , they call Purchase as a Name more honest . Howsoever he , that for want of Will or Wit useth not those Means , must rest in Servitude and Poverty . The Reason thereof is , That as Nature hath laid before Men the chief of all Fortunes , so she disposes them rather to Rapine than honest Industry , and more subject to bad than good Endeavours : Hereof it cometh , that one Man eateth another , and he that is weakest must always go to the worst . Where Necessity forceth , Boldness is reputed Wisdom , and in great Enterprises Peril is not to be made accompt of . For those Attempts that begin with Danger , always end with Honour , or Reward ; also from one Peril there is no way to escape , but by entring into another . A wise Man ought not to desire to inhabit that Country where Men have more Authority than Laws : For indeed that Country deserves to be desired where every one may securely enjoy his own ; not that , where with facility it may be taken away ; and that Friends for fear to lose their own , are inforced to forsake them . Some Magistrates either by over great Zeal or Ignorance take a Course of Rigour , which being for the present favoured , they are ever the more imployed , as Men meet to extirpate Inconveniences . But thereby the Subjects are often drawn into Desperation , and consequently have recourse unto Arms , as their uttermost Refuge . In this case a Wise Prince for appeasing the People is sorc'd to disallow his Ministers , and sometimes also to inflict publick Punishment . A Prince naturally suspicious , and having about him Persons inclined to Envy , is easily induced to mistrust those Men that have served him with most sufficiency : Which Danger they cannot eschew , because they who are worthiest Commendation are oftentimes envied by such Persons as have access unto the Prince . Who so cannot endure both Envy and Hate , must refrain to enterprise great Matters : For great Honours being desired of many , it behoveth him that aspireth unto them , to be for his Dignity envied , and for his Authority hated ; which Authority , albeit the same be well used , yet they who hate or envy ( persuading themselves it might be better handled ) endeavour to oppress that Power , as fearing it will be worse . Among other things which worketh the Inconveniences of Common weals , Ambition and Desperation are chief ; of both , Desperation is worst : For Ambition may attend Occasion , Desperation will not , as that cannot endure Delays . Historians desiring to write the Actions of Men , onght to set down the simple Truth , and not say any thing for Love or Hatred : Also to chuse such an Opportunity for writing as it may be lawful to think what they will , and write what they think , which is a rare Happiness of the Time. In commending or disallowing the Actions of Men , it is a course very requisite to consider the Beginning , the Proceeding , and End : So shall we see the Reasons and Causes of things , and not their bare Events only ; which for the most part are governed by Fortune . It is a matter of much Necessity , that every Man , and chiefly a Prince should in his first Actions , give some Testimony of Vertue ; for falling at first into obloquie , do he well or ill , all isill-taken . The Custom of the Common People is to judge rather by their Eyes than by their Ears : Which is the cause they allow more of external Shew than inward Vertue : And true it is , where excellency of Mind , and Beauty of Body concur , the Commendation due to such a Person is far the greater . Gratior est pulchro veniens e corpore virtus . A Prince or great Personage that constantly endureth Adversity , deserveth great Praise : Yet greater Commendation is due to him that beareth himself modestly in his Happiness . For Miseries are ost born with Patience , but Felicity corrupteth . To be descended of Princes , or great Personages , is a matter of meer Fortune , and so to be esteemed : But Adoption proceedeth from the Judgment of Men , therefore seemeth incorrupt , and seldom abused . It hath been long observed , and is a Rule which rarely faileth , that he shall be ever suspected of the Prince in possession , whom Men account worthy to be a Prince in Reversion . It hath been a Use very ancient to give Credit to Astrologers , and other such Persons , who by their Star-Learning or Blind Divination , take upon them to tell of things to come . The Reason thereof is , That the most part of Men believe that soonest which they least understand ; and if they see the Event of a Prediction , though it happeneth by meer Chance to fall out according to that was premised , thereupon they settle so firm an Impression , as albeit many other fail , yet the good Conceipt of their Cunning cannot be removed . Liberality is a Vertue which gaineth Love , but much are they deceived whom Riot in lieu thereof abuseth . To cast away and consume is soon learned , but to give in good Order few have the Skill . In Time of sudden Mutiny , Conspiracy , and Offence of People , the wisest Resolution is not to oppose Force to prevent Fury , but rather give Space for the Bad to amend , and the Good to consent : For Treasons prevail on the sudden , but good Council gathers Forces by Leisure . Mature Deliberation ought ever to be used ; but when Arms are to determine , speedy Execution is the best : Because no Delay in that Euterprise is sit which cannot be commended before it be ended . Who so is pleased to observe the proceedings of Men in Authority , shall observe that some of them hold a plain course without respect ; others projecting for time to come , do forecast how to hold their present good fortune or at least to escape danger : For they mistrusting present Prosperity and fearing a change , prepare beforehand some private Friends to oppose against publick hatred : Whereof may be inferred , that no care is taken of Innocency , but every one studieth how to pass without punishment . In Captains and all Military Commanders , three things are required , Vertue , Discipline , and Authority ; but in private Soldiers Obedience and Courage only sufficeth ; for by due obeying , and no curious scanning the Leaders directions are maintained ; and the Army in danger is alwaies most valiant , which before the danger is most quiet . Let the Soldier therefore be well armed and valiantly minded . To advise and direct must be the Captains care . It is a matter of no great moment , yet always worthy the noting , that any exterior Behaviour , or Garment presenting Pride or Greatness , chiefly in Persons lately advanced , though no Man be thereby interessed or injured , doth move in others a certain offence : For the nature of Man is such , as beholdeth the new prosperity of others with an envious Eye , and wisheth a moderation of Fortune no where so much as in those we have known in equal degree with our selves . In all Enterprises of War ( if present necessity doth not otherwise require ) Leisure and Deliberation ought to be used ; for often it sufficeth in lieu of Wisdom , to take the advantage of other Mens solly . All Men that are to consider of great Actions , ought to be informed whether that which is undertaken be profitable for the Commonweal , honourable to themselves , and easie to be effected ; or at least not greatly difficult . Also he that persuadeth , is to be examined whether besides bare Words and Counsel , he will 〈◊〉 his own Peril ; and if Fortune favour the attempt , to whom the principal Glory shall redound . The Perils which accompany private Enterprises , are far unlike to those which he doth enter that aspireth to Principality . For in private attempts a Man may pause or proceed as he will : But to him that aspires to Empire there remains no middle course , but either by Victory to triumph as a Prince ; or being vanquished to endure death as a Traytor . Let no Man in his Prosperity , give much credit to common Applause or Service , assured by any of whom in meaner Fortune he hath had no experience ; for the base People are learned in no Lesson , only without difference of Truth or Falshood to slatter Men in Authority , and with Shouts and Words of great rejoycing make shew of great Affection . As overmuch haste is dangerous , so too great delay oftentimes proveth disadvantagious ; for albeit consultation ought to forego action , yet to Dispute long and in the end reject the advice of either side , or take a middle course ( which in cases of doubt and danger is worst ) was ever accompted great diseretion . There is no course more comely , nor any resolution so well beseeming a wise Man , having made prcos of his own Vertue ( and finding in Age no Fortune due to such effect ) as to retire himself from the Court and Company ; for so shall he shun the Inconveniences of Contempt and the Discommodity of Travel ( Jucunda senectuti otia ) yet true it is , that whoso hath lived a Prince or governed as a publick Person , cannot expect security in a private Estate . Whensoever danger draweth near , and terror is at hand , all Men look about , but none willingly adventure : For in such Cases every Man will give Council , but few will take part of the peril . In Common-wealths where Sects or Partialities be , the Leader of any side is able to kindle Civil War ; yet is he unable to moderate the Victory : For to stir up dissentions and troubles , the worst Man most commonly bears the stroke ; but peace and quietness are not established but by Men of rare Gifts and excellent Vertue . It may seem strange and contrary both to courtesie and Christian profession , that Men are far more mindful of Injuries done unto them , than of benefits received by them . The reason thereof is , that Thankfulness is accompted a burden , but Revenge is sweet , and reckoned a great gain . Of reconciled Foes , and such as know that our harms were caused by their means , we oft-times expect favour , as persuaded that new Friendship will repair the loss of old displeasure : But the matter doth seldom so fall out ; for the quality of Man's nature is ever to hate those whom he hath hurt , and love them whom he hath made beholding . Quos laeserunt oderunt . Tac. To common Persons and such as are ignorant in Matters of State , every Taxation and Imposition seemeth heavy or superfluous ; yet the wiser sort know , that the end of all publick endeavour is to confirm People in Peace , and Peace cannot be maintained without Arms , nor Arms without Pay , nor Pay without Impositions . As fortunate Folk are envied , so are the poor contemned ; which Rule reacheth also to Princes : The one lives in Plenty with War , the other in Poverty with Peace . For 〈◊〉 is it seen , that those People are assaulted where nothing is to be gained , and whose base Beings afford no other spoils than Blood and Beggery . Wisemen have observed that in matter of State , and the managing thereof , three Things are especially to be looked unto : The. first is , Occasion ; the second , the Intentions of other Men ; the third , our own Affection . For there is nothing that slippeth away so soon as Occasion , nothing so difficult as to judge what an other Man intendeth ; nor any thing more 〈◊〉 than our own immoderate 〈◊〉 It hath been ever a course observed by wise Princes , but much more by Arislocracies and Popular States , against Force and Fury of the Multitude , to desend themselves with Silver and Gold. How much more it importeth all Princes to lead a vertuous Life , and give daily example of Piety and Justice , appears apparently in the Proceedings of the Roman Bishops ; who by the well-doing of some few of them at the first , became greatly honoured ; but afterwards they became contemptible : For the Reverence which Men did bear to the sanctity of their Lives failing , it was impossible of so contrary Manners and Examples to look for like effects . The success of the War chiefly dependeth on the Reputation of the Prince , which declining , the vertue also of the Soldiers faileth : Likewise the sidelity of the People decayeth , and their Mony to maintain the War , ceaseth ; contrarywise , the Courage of the Enemy is increased , they that stood doubtful become resolved , and every difficulty augmenteth . The Authority which Princes give , is chiefly in respect of Wisdom and Valour : Yet true it is , that for the most part they account them the wisest Men that can best accommodate themselves to their Humour . The greatest Distress and Difficulty which can come to any Army , doth proceed of these Causes : Want of Mony , scarcity of Victuals , hatred of People , discord of Captains , disobedience of Soldiers , and their flying to the Enemy , either of necessity or free-will . A Prince or great Magistrate having long maintained the reputation of Wisdom and Vertue , must take heed that no rash or dangerous Resolution do taint the Honourable Fame of his former Life : For to be transported with Anger against his own Profit , is lightness ; and to esteem small dangers more than great , is want of Judgment . A Prince or Person of great Estate , must be wary not to inure the conceit of double dealing : For little Sincerity and Trust is looked in his Actions , of whom there is an opinion of Crast and Falshood conceived . Experience hath always proved , that whatsoever the most part of men desire , rarely cometh to pass : The reason hereof is , that the effects of Human Actions commonly depend on the will of a few ; and their Intentions ever differing from the greater number , the end and success cannot be other than as pleaseth the few that are to direct them . There is nothing more dangerous than to enterprise a War , or other Actions of Importance upon popular persuasion ; for such expectations are vain , and such designs fallible : Also the Fury of the Multitude is great , when danger is little or far off ; but Perils growing great and near , their Courage quaileth , as they whose Passions have no Rule or Measure . It is strange to see how apt Men are to doubt displeasure threatned by Enemies , chiefly when they draw near ; for the People do naturally over-much fear Dangers at hand , and esteem less than is fit of things present : Also to make small account of those that are far from them , because divers Remedies may be hoped as well by time , as other accidents . The offensive Words or Answers of Indignation , proceeding from great Princes , ought never to admit displeasure into the Minds of them against whom they are spoken : For having by Speech uttered a great part of Choler , the edge of their Deeds becomes the calmer , and more easily appeased : Such is the condition of noble and generous Spirits . To judge right of other Mens merit , seems of great difficulty ; for time and tryal is thereto required : Also it is not easie to answer the expectation of Men , but ost-times inconsiderate , and not measured in due proportion . It is a part of great discretion to divide the seasons of Affairs and Vacations : For as it sitteth well a Prince or Person of Dignity in times of Audience and Judgment , to be grave , heedsul , and austere : So those Offices performed , all shew of Authority and sad looks ought to be set apart ; for by that means , neither courteous Behaviour shall detract from the Reverence due to his place , nor severity diminish the Love which to his Behaviour appertaineth . Magistrates must look into all things , but not exact all things to rigor . Light Faults may be pardoned , but great Offences severely 〈◊〉 yet not always proceeding to punishing , but ost contented with Repentance . To be bitter in rebuking is also fit for a Magistrate , shewing himself sowre to the bad , and sweet to the good ; framing both Countenance and Condition according to the Merit of Men , and be persuaded that it is more honest to offend , than to hate . Soldiers must be encouraged in all Fortunes to stand resolved , and not to be daunted with any passed misadvantage ; ever attending a Time and Opportunity of Revenge ; which commonly cometh to pass where Mens Minds are united : For common Danger must be repelled with Union and Concord . Among other Reasons wherewith Soldiers are encouraged , Necessity and Distress doth oft inforce them : For as Men of Vertue perform the Actions of Arms for Honour , so the Coward must do them for his Security . All Enterprises attempted by Arms , are Honourable ; but those that are done in Countries remote , are more praiseable : For the less they be in Knowledge , the greater is the Glory to Atchieve them . To be truly and faithfully loved , is a thing greatly to be desired ; for Terror and Fear are weak Works of Affection : For they being taken away , he that ceaseth to fear , will soon begin to hate ; and as they that by Force are kept under , obey with ill Will ; so they that govern without Line justly , rule against Right . Some Men either deserving to be accounted of excellent Wisdom , or singular in that Skill whereof they make Profession , do ordinarily love the Proceedings of others ; taking that Advantage of their ill Success : Yet sure it is , that Disaster and unhappy Event of some Actions , proceed not of Disorder , for Human Imperfection , but from a certain Fatal Fury , which neither Counsel nor Constancy of Men can withstand . It is a matter of much difficulty , or rather impossible for any Prince to maintain the Law , Civil or Military , without Severity : For where Men hope to be easily pardoned , there are they apt to offend . Contrarily , where Mens Actions are precisely sitted , there do they live in over-great Aw , and Hatred doth always accompany such Severity . The best course therefore is to punish Offences severely , and reward vertuous Merits liberally ; so shall Fear be converted to reverend Respect , and none have cause to complain : For as it lies in each Man's Power to shun offending , so is it in their Power also to deserve well , and merit Reward . Whosoever , aster mature deliberation , hath resolved what Course to hold in the Action he hath in hand , must not after repent , or fear any Difficulty : For such Thoughts would break the Vigour of the Mind , and impeach the Proceedings of that which was resolved . And albeit some Differences do happily arise , yet must he believe that every other course would have been accompanied with the same or greater Impediments . Young Men for the warmness of their Blood , and for not having before-time been deceived by Fortune , more willingly enterprise Actions rather honourable than severe . But Old Men as well for that their Heat is cooled , as also for having attempted many things in vain , make choice of Enterprises severe , rather than those that are followed with Fame and Glory . The greatness of one Prince is nothing else but the Ruin and Distress of another : Likewise his Strength is the Weakness and Oppression of others . Some Conquests are of such Quality , as albeit a victorious Captain merit triumphal Honour ; yet a modest resusal becomes his greater Glory . The Dignity of Magistrates is not assured without Arms ; for when Obedience faileth , no other means is left to continue a People united . As willing Obedience in Subjects is the Prince's Strength , so is the same their own Security : For as by the Princes Authority the People are governed , so by their Consent he is maintained . Three things Men covet with immoderate Desire , Lands , Riches , and Honours ; but as seldom they compass their full Content , so are they for the most part to endure a Destiny far other than they wished . Strange it is , yet by Experience proved true , That in Time of Danger , Fortune ( or rather Destiny ) so much amazeth the Judgment of Wise Men , as seldom they conceive what Resolution is best to be taken . No great Free-City can long continue quiet , unless the same be used to foreign Assaults : For wanting Foes without , some inward Enmity will arise , not unlike to strange Bodies of Men , which being secure from external Injury , are nevertheless by their own Poise oppressed . As every Pilot of ordinary Skill knoweth in calm and quiet Seas to direct the Course of his Ship ; so every Governor of Capacity doth understand how the Affairs of State are in peaceable Times to be handled : But when Tempests are , and Subjects bent to Sedition ; the one requires an excellent Sailer , the other the Aid of some excellent Wisdom . It oft happens , that Publick Duty is opposite to private Friendship ; so as we are either forced to omit the Offices due to our Country , or draw our dearest Friends into Danger : In which case we are to prefer publick Respect , before particular Obligation . The nature of base People is such , as either they obey slavishly , or command insolently : For Liberty being the Mark whereat they aim , is by them of that Quality , neither moderately desired nor discreetly continued ; and always there are some seditious Leaders to be found , who of Disorder are inclined to kindle the Ire and Offence of Ignorant People . Dux rebus motis , facile invenitur . Salust . Experience hath oft proved , That Men in best Fortune , and such as esteem themselves most secure , even then fall soonest into Disadventure , because those Dangers unfeared be as it were contemned , and not regarded . To enter needless Dangers , was ever accounted Madness ; yet in Times of extream Peril and apparent Distress , Bold and Hazardous Attempts are greatest Security . The divers Adventures which happen to Men , may well inform , That much better it is , chiefly in Arms , to be governed by Reason than by Fortune . A certain Peace is ever accounted better Security than Victory hoped or expected Melior tutiorque certa pax quam sperata victoria . Liv. If to our Prosperity God were pleased to add the Grace of 〈◊〉 we should thereby judge not only of what is past , but also of all that can succeed hereafter . Rarely or never can we consider truly of worldly proceedings , unless first we have felt the deceits of Fortune . Discord or Dissention in any State or City , offers opportunity to such men as are ambitious to work their will : For the humor of Sects and Partialities is such , as the weaker Faction doth ever chuse 〈◊〉 to call for aid of Strangers , than yield to the Dominion of an adverse Party . Ancient Customs may not violently and suddenly be taken away . Fortune which altereth all things , will by little and little wear them out of use . To be oft in fight , and converse much with men , breedeth a kinde of Satiery : therefore it behoveth persons of great Estate and Authority to be retired , lest over-much familiarity should detract from the reverence due to honorable Estate . The natures of men not content to live according to their Fortune and Birth , are of all others most prone to Envy ; because they hate the vertue and welfare of all such as are in estimation above them . Great heed is to be taken , that no Citizen or Subject , be suffered to aspire to such greatness , as cannot be forced to obey the Laws ; and no order there is of more necessity , than that every man of what quality soever , may be without respect accused and judged . For conservation of particular Greatness and Dignity , there is nothing more noble and glorious , than to have felt the force of every Fortune . It is the quality of wise men only , to know how to use Prosperity , and never to trust too much to the favors of present Happiness . A man well advised in his Prosperity , beareth not himself towards others either proud or violent ; nor must he believe in his own present felicity , for the Day knows not what the Night bringeth : He only is to be reputed a man , whose mind cannot be puft up by prosperity , nor dejected by any adverse Fortune . Men of Cholerick humor are easily moved with insolent Speeches , but wise men laugh them to scorn . The way whereby a Prince eschues the hate of Subjects , is , not to take from them their Lands or Goods ; yet albeit the blood of some few be tainted , unless the same be accompanied with Confiscation ( which a Prince is rarely forced to use ) it seldom causeth him to become odious . A Rule most cerain it is that he who commands any thing unpleasing , must by severe means cause it to be observed ; and who desireth to be obeyed , must know how to command : And he only knows how to command , that doth compare his own force with those that are to obey ; wherein finding a proportion , then he may boldly proceed , otherwise forbear . In Actions of difficulty great courage is to be used , and who so compasseth any thing by violence , cannot maintain it by mildness , nor command by affability : He therefore that is of nature soft , should do best to refrain all extraordinary commands . and in matters ordinary imploy the vertue of his mild spirit ; because ordinary punishments are not imputed to the Prince or his Magistrates , but to the Laws and Ordinances of State. When Necessity presseth , desperation is deemed Wisdom , and generous Minds do not account of danger , because those Attempts which begin with Peril , do for the most part end with Glory . He that endeavours to be good among many that are evil , or will uphold that which those labour to pull down of Force , worketh his own undoing . All Common-wealths alter from order to disorder , from disorder to order again ; for Nature having made all worldly Things variable , so soon as they have attained their utmost perfection and height , they must descend ; so from good they fall back to evil ; and from evil they return to good . War begets Quiet , Quiet Idleness , Idleness Disorder , Disorder Ruin ; likewise Ruin Order , Order Vertue , Vertue Glory and good Fortune . Wise Men have observed that Arms were before Learning , and Captains before Philosophers ; for good and well regulated Armies having gained Victory , established Rest and Security , whereof the Study of Letters and Liberal Sciences ensued . That Country deserveth to be loved of all Men , which loves all Men indifferently , and not that Country which respecting the best part , advanceth a few : No Man therefore is to be blamed , if for such cause he desire rather to abandon than embrace his Country . Common wealths are Bodies mixt , yet have they of Bodies simple some resemblance : And as in these , many Infirmities grow , which without violent Medicines cannot be cured ; so in the other many Mischiefs arise , which a good and godly Patient should offend to leave uncured , though therein he use both force and fire . Those Wars be most just which are most necessary ; and those Arms are most merciful where no hope of help remains but in them only . In Actions which promise either publick Glory , or private Honour , Men may be reasonably persuaded to adventure life and living , because great hope there is to die with Reputation , or live to recover that Peace which War hath consumed : But where Men are no less oppressed by insolency of Commanders , than by insolency of Foes , there is the Calamity doubled , and of two evils the danger of War seemeth least ; for that hath end , the other is infinite . Who so persuades himself to be no less esteemed in evil than good Fortune , is deceived : For promises made , during distress , are rarely persormed , unless the same necessity continue . The intent of every Prince , or other State that makes War , is to enrich himself , and impoverish the Enemy : Neither is Victory for other occasions sought , nor the possessions of the Enemy to other end desir'd , than to make themselves mighty , and their Enemy weak . It sollows then , that so oft as the Victory impoverishes them , or the gains weaken them , either they pass or come short of that Mark whereat the War was aimed . Ancient and well-governed Common-wealths were wont by their Conquests to fill the Treasuries with Gold and Silver , to give reward to Soldiers , to spare the People from Tributes , to make Triumphs and Publick Feasts : But in later times the Wars have used , first , to consume the Treasure , and after impoverish the People without assuring them from their Enemies . A Prince or State that leaves promises unperformed , by reason of unexpected Impediments , and for no ill intent , ought not to be blamed : Neither are such accidents any just cause or colour why Friends should abandon their Confederates . Where Magistrates govern justly , Subjects obey dutifully ; where private Persons grow rich , and Princes enlarge their Empire ; there is the Common-wealth blessed , and the People fortunate . CHAP. XXVI . Maxims of State , or Prudential Grounds and Polemical Precepts , concerning all Estates , and Forms of Policy in Times of Peace or War , &c. confirmed by Select Narrations and Historical Parallels . ALL Cities and Towns of State are builded either by People dwelling in or about the Place where they are builded , or else they are made by Strangers : Of the first are Athens and Venice , of the other Alexandria and Florence . The Fortune of every City builded , and Vertue of the Builder , appeareth by Choice of the Place , and Quality of Laws : For as fertile Places occasion Men to be slothful , unless by good Laws they be forced to labour , so Barrenness compels them to Industry ; which Reason induceth Wise Men to plant Habitations in either : Examples of the first are Ferrara and Rome , of the second Ragusa and Genoa . All Laws whereby Commonwealths are governed were either made by some one excellent Man , and at an instant ; or else they were ordained at sundry Times , according to such Accidents as befel . Example , The Laws of Sparta made at the beginnig by Lycurgus , the Laws of Rome at sundry Times . The Government of every City in Time becomes corrupt ; Principality changeth into Tyranny : The Optimacy is made the Government of the People ; and the Popular Estate turns to licentious Disorder ; which Instability or Alteration moved some Law-makers to take Order that in the Government of their City there should be a Mixture of all three , and was the Cause that the Policy of Sparta continued 800 Years , when the Popular State of Athens endured not one hundred . Example , The Laws of Sparta made by Lycurgus , and the Laws of Athens by Solon . Whoso taketh in hand to frame any State or Government , ought to presuppose that all Men are Evil , and at occasions will shew themselves so to be . Example , The Envy of the People of Rome to the Nobles , and their Insolency towards them appeared not so long as the Kings governed ; but the Tarquins being Banished , Opportunity was thereby offered , that the Malice of the one and the other became discovered . The divers Honours of the Nobility and People , the one desiring to command , the other not to obey , are the Cause of continual Troubles , unless some third Mean there be of more Authority than either , to bridle the Force of both . Example , The Kings in Rome expulsed , forthwith arose much Mutiny , and could not be suppress'd till the Tribum Plebis were created ; whose Authority wrought the same effect which the Kings had done . Some States endeavour to enlarge their Dominions , and some others labor only to maintain that Estate they antiently possessed . Example of the first was the City of Rome , of the second Sparta . All States desiring to live at Liberty , think fit that every Man should be permitted to accuse any Citizen that offendeth , which manner of proceeding works two excellent Effects : First , That the People should not dare for Fear of accusing to attempt ought against the State ; or if they do , they shall be presently and without Respect punished . Secondly , by Liberty of accusing , every Man hath Means to utter the Offence wherewith he can charge others , which he could not ; unless it were lawful to take such an ordinary Course , and consequently be driven to ways extraordinary , particular Revenge , or calling in Foreign Forces . Example , Coriolanus and Appius , Claudius at Rome , Lucanncve at Chinsi , Francisco Valeri in Florence . As Accusations are in every State necessary , so Slanders are dangerous , and worthy of Punishment ; the Difference betwixt Accusations and Slanders , is , that the one is publickly performed before Magistrates , with good Proofs and Witnesles to maintain the Truth of the Accusation ; but Slanders are as well publickly performed as dispersed in secret , and Places of Repair , without Witness and Justification , so as every Man may be slandered , but few are orderly accused . Example , Appius Claudius accused by L. Virginius ; Furius Camillus , slandered by Manlius Capitolinus . The only means to suppress Slander is , to give Authority to some Persons of Repute , to compel every Slanderer to become an Accuser ; and if the Accusation prove true , then to reward the Accuser , or at least not to punish him . Example , Manlius the Slanderer of Camillus for his untrue Information punished . A Rule most certain and assured it is , That every Kingdom and State at the first well framed , or after well informed , doth take the Perfection thereof from the Wisdom of some excellent Man , who ought not to be blind though in a Matter of great Moment he happily useth some extraordinary Violence or Proceedings ; for he that employeth Force to mend and not to mar , deserves Commendation . Example , Romulus , Lycurgus , Cleomenes . There lives no Man so simple or wise , so wicked or well-disposed , but prefers those Persons that are praiseable before those that are blameable : Not withstanding for that well-near all Men are beguil'd in discerning what indeed is Good , deeming that Honourable which in Truth is otherwise ; they suffer themselves either willingly or ignorantly to be carried into a Course which merits rather Infamy than Commendation . Example , Every Man wisheth himself Timoleon , or Agesilaus , rather than Dionysius or Phalaris ; rather a Titus or Trajan , than Caligula or Vitellius . Who reads Histories treating of great Actions shall perceive that good Princes indeed are more secure and better defended by the Love of the People , and Fidelity of Counsellors , than were they that entertained many Legions and Men of War. Example , Of all those Emperours which reigned after Caesar until Maximiinus , the greatest number were for their Vices taken and slain , only Galba and Pertinax excepted , who were good Emperours . A Prince of great Knowledge both in Arms and Wisdom , so firmly setleth the Foundation of Government , as albeit his Successor be of the less Vertue , yet may he be maintained even by the Memory of his Predecessor : But if it happen that the third Prince prove not more like the first than the second , then all that is past goeth to Ruine . Example , The Martial Valour of Romulus was the cause that Numa might govern safely in Peace : Which Tullus could not have done , had he been unlike to Romulus ; nor should Bajazet Emperour of Turky have enjoyed the State of his Father Mahomet , and left the same to his Posterity , if Selim his Son had not been more like to his Grand - father than to Bajazet his Father . The Succession of two excellent Princes , chiefly if they be of long life , works wondrous Effects : The like is seen in Optimacies and Popular States , where the Governours successively elected be Men of great Vertue and Understanding . Example , The first appeared in Philip of Macedon , and Alexander his Son , the second in the Consuls of Rome . In every State , where Soldiers are not , the Fault thereof proceeds from the Governours . Wise Princes were therefore wont even in Times of Peace to cause Warlike Exercises to be used ; for without them the most Warlike Nations become not only Ignorant in Martial Knowledge , but also effeminate . Example , Pelopidas & Epaminondas in Thebes , and King Tullus in Rome as well in Peaceable as Troublesome Times used the exercise of Arms. No Prince or State well advised , hazards his whole Estate upon the Valour of some few Persons , nor ought to Strength of strait Places , where the Enemy is to pass . Example , Tully King of Rome , and Metius King of Alba , condescended that three of their Nobility for either side , chosen should enter Combate , and that Nation which was Victorious should command the other . Francis the French King going to recover Lombardy , was by the Switzers attended into two or three Places in the Mountains , hoping there to repulse him , but the King taking another way , passed securely and prevailed . Every State well governed doth reward Men of good Merit , and punish all Offenders ; and if any Person of good Desert shall wilfully be a Delinquent , the same Man ought not withstanding his former service , be punisht . Example , The same Horatto that in Combat gained the Victory against the Albani , having insolently slain his own Sister , was notwithstanding his egregious Act and the fresh memory thereof , called into trial of his life , and with great difficulty obtained Pardon : And Manlius who had with great Glory saved the Capitol , for moving Sedition in Rome , was after from the same cast down headlong . Every wise Man having performed any great service to his Prince or Country , ought to be content with such recompence as it shall please the Prince or Country to bestow : Measuring the same according to the Power of the giver , and not the merit of him that receiveth . Example , Horatius Cocles for having lost his Hand in defence of the Bridge of Rome , and Mutius Scaevola suffering his Hand to be burnt for his attempt to kill King Porsenna , were rewarded with a small Portion of Land ; and Manlius that defended the Capitol from the Galleys , had no greater reward than a little measure of Meal . Ingratitude is a Vice so natural and common , as not only private Persons , but Princes and States also either through Covetousness or Suspition are there with infected . Example , Vespasian proclaimed Emperor , was chiefly aided by Antonius Primus , and by his help prevailed against Vitellius , in Reward of which Service Vespasian removed him from the Command of his Army , and gave that honour to Mutianus . Consalvo Ferranoe having taken the Kingdom of Naples from the French , was first removed from his Command of the Castles and Soldiers , and in the end brought into Spain , where in disgrace he ended his Life . Collatinus Tarquinius who with the aid of Brutus suppressed the Tarquins of Rome , and with him Pub. Valerius were banish'd for no other cause but for being of the name of Tarquin , the other because he 〈◊〉 a House upon Mount Caelio . All Errors that great Captains commit , are either wilful or ignorant , towards the one and the other of which Offenders to use greater lenity than the quality of their Offences deserves , Seemeth necessary : For Men of Honour suffer nought by the Infamy which evil Service doth bring . It is also to be considered that a great Captain being cumbred with many cares , cannot proceed in his Actions couragiously , if he stand in daily doubt to be punish'd for every error that hapneth . Example , Sergius and Virginius were before Veio , the one part of the Army on the one side of the City , the other not far from the place . Sergius being assaulted by the Falisci was not aided by Virginius , neither would he require his help , such was the envy the one bare to the other ; and consequently their Offence is wilful and worthy of capital punishment . Likewise when Varro by his Ignorance , received an overthrow by Hannibal at Cannae , he was nevertheless pardoned and honourably welcomed home by the whole Senate . Whensoever an Inconvenience ariseth within or without the State , it seems a Resolution more sure to dissemble the knowing thereof , than to seek by sudden violence to suppress it . Example , Cosmo de Medioes having gained extraordinary Reputation in Florence , the Citizens imagined , that to suffer the same to increase was dangerous , and therefore they Banished him : Which extream Proceeding , so offended the Friends of Cosme , being the stronger , as they sorced the Citizens to revoke him , and make him Prince of that City . The like hapned in Rome , where Caesar for his Vertue , much admired and followed , became afterwards to be feared ; and they that feared , not considering their force to be inferior to the power of Caesar , endeavouring to oppress him , were the occasion of his greater Glory . In every Republick , an excessive Authority given to one or two Persons for long time , proveth dangerous , chiefly when the same is not restrained . Example , The Dictatorship given to Caesar for life , was an occasion to oppress the Liberties of the Romans . The same effect was before that time like to follow the Decemvirate , by suffering Appius Claudius to prolong the time of his Dignity . The Ambition of Men is such , as rarely they will obey when formerly they have commanded ; neither do they willingly accept of mean Office , having before sate in higher place : Yet the Citizens of well-governed States , did not refuse as well to obey as command . Example , The Victory the Romans obtained against the Veienti , Q. Fabius was slain , having the year before been Consul : Nevertheless he then served in meaner place under C. Manilius , and M. Fabius his own Brother then Consul . There is nothing more strange , yet by experience proved true , That Men in adverse Fortune be much grieved , and in Prosperity also discontented ; which is the reason , that not being forced to fight for necessity , they will nevertheless contend for Ambition ; and that Humour doth as well possess those that live aloft , as others whom Fortune holdeth down . Example , The People of Rome having by the Authority of the Tribunes obtained to make themselves secure from oppression of the Nobility , forthwith required , That the Honour and Office of State might be also imparted unto them . The like Ambition moved them to have their part of Lands by force of Lex Agaria , which was at last the overthrow of the Roman Liberty . It seemeth that People displeased with some Innovations hapned in the State , do sometime without just Reasons complain of those that govern : Not unlike to a sick Man , who deemeth that the Physician , not the Fever , is the cause of his Grief . Example , The People of Rome were persuaded that the Ambition of Consuls was the cause of continual War , therefore required that no more Consuls should be ; yet they were content that certain Tribunes should command with like Authority ; so was nothing altered in the Government , but the Governors Title , which alone did courent them . Nothing can corrupt and alter the nature of Man so much , or so soon as the immoderate desire of Honour ; in so much as Men of honest Minds and vertuous Inclinations are sometimes by Ambition , drawn to abuse that Goodness whereunto they are inclined . Example , Appius Claudius having lived long an Enemy to the Multitude , hoping by their aid to continue his Authority of the Decemviri in Rome , became their Friend , and disfavoured the Factions of great Men. Likewise Q. Fabius a Man of singular vertue , being also called to that dignity by Appius's self , adulterated his nature and became like unto him . Seldom or never is any People discontented without just cause ; yet if happily they be asked whereof their offence proceedeth , many times for want of some fit Man to pronounce their grief , they stand silent . Example , The Romans at the death of Virginia , were gathered together armed upon Mount Sacro , and being asked by the Senate , for what cause they so did ? No Answer was made ; until Virginio Father of the Virgin had procured , that twenty of the Tribunes might be made to be as Head of the People , and confer with the Senate . A great Folly or rather meer Madness it seemeth to desire any thing , and tell before-hand that the end purpose of the desire is evil ; for thereby he sheweth Reason why it ought not to be granted . Example , The Romans required of the Senate that Appius and the rest of the Decemviri should be delivered into their Hands , being determined to burn them all alive . The first part of their Request seemed reasonable , but the end thereof unreasonable . A course very dangerons it is in all States , by continual accusing and punishing , to hold the Subject in doubt and daily fear : For he that stands always looking for some trouble , becometh careless and apt to attempt Innovation . Example , The Decemviri being opprest , the Tribunes authorized in their place , endeavoured daily to call in question the most part of the Decemviri , and many other Citizens also , whereof great Inconveniences arose , and much danger would have ensued , had not a Decree propounded by M. Duillius been made , that for one year no Roman Citizen should be accused . Strange it is to see how Men in seeking their own security , lay the Injuries which they fear , upon other Men ; as though it were necessary , either to offend or to be offended . Example , The Romans among themselves , united and strong , always endeavoured to offend the Nobles ; and the Nobles likewise being persuaded they were strong , laboured to oppress the People : Which Humours were the cause of continual Troubles . To make estimation and choice of Men fit to govern , the best course is to consider in particular ; otherwise it might be imagined , that among the Multitude or meaner People , they being the greatest numbers , might be found some Persons of more perfection . Example , The People of Rome desiring that the Consulship might be given among them as Men of most Merit , did by all means endeavour to obtain that Honour ; but being come to Election , and every Mans Vertue particularly considered , there could not be among the Multitude only one found fit for so great a place ; and therefore the People themselves consented , that the Dignity should still remain as it was . To persuade a Multitude to any Enterprise , is easie , if that which is persuaded , doth promise either Profit or Honour ; yet oft under that external apparence lies hid loss or disadvantage . Example , The Romans persuading themselves that the slow Proceeding of Fabius Maximus in the War , was both chargeable and cowardly , required , That the General of the Horse might direct the War ; which course had ruined Rome , if the Wisdom of Fabius had not been . Likewise , when Hannibal had divers years reigned in Italy , one M. Centenius Penuta , a Man of base Birth , yet a Soldier of some Repute , undertook that if he with such Voluntiers as would follow him , might have Authority to Fight , he would within few days deliver Hannibal either alive or dead : Which Offer was by the Senate accounted rash , yet for fear to offend the People , granted ; and Penula with his Soldiers was cut in pieces . To appease a Mutiny or Tumult in any Camp or City , there is no means more speedy or successful , than if some Person of great Quality and Respect , present himself to the People , and by his Wisdom lay before them the damage of their Discords , persuading them to Peace and Patience . Example , The Faction of the Frateschi and Arratiati in Florence ; the one ready to assault the other . Franciso Soderini , Bishop of Voterra , in his Episcopal Habit , went between the Parties and appeased them : Also Count Egremont , by the Authority of his Wisdom and Presence , supprest a great Mutiny in Autwerp , between the Martinists and Papists . A People corrupted , do rarely or never observe any Order or Ordinance , unless by Force of some Prince's Power they be thereto inforced ; but where the Multitude is Incorrupt and Religious , all things are done justly , and without Compulsion . Example , Camillus at the Victory against the Vrienti , vowed that the tenth part of the Pillage should be offered to Apollo ; but the Senate supposing that the People would not consent to so great a Contribution , studied to dispense with that Vow , and to please Apollo and the People also by some other Means : Whereat the People shewed themselves openly offended , and willingly gave no less than the Sum formerly decreed . When the Free-Cities of Germany are occasioned to make Mony for any Publick Service , the Magistrates impose one or two in the hundred on every City , which done , every one is sworn to lay down so much as in his own Conscience he is able ; and he with his own Hand , no other Witness being present , casteth the Mony into a Coffer prepared for the purpose ; which he would not , if his own Conscience did not inforce him . When any extraordinary occasion happens to a City or Province , some prodigious Voice is heard , or some marvelous Sights are seen . Before T. Gracchus General of the Roman Army was betraid by Flavius Lucanus , the Aruspices discovered two Serpents eating the Entrails of the Beasts sacrificed ; which done , they vanish'd : Which Vision , as they divined , prognosticated the General 's Death : Likewise F. Savanarola foretold the coming of King Charles VIII . into Italy : And M. Sedigitus , when the Gauls first came towards Rome , informed the Senate he heard a Voice much louder than any Man's , crying aloud , Galli veniunt . The multitude of base People is naturally audacious and apt to Innovation ; yet unless they be directed by some Persons of Reputation and Wisdom , rarely do they joyn in any Action of great import . Example , The Romans , when their City was taken and sack'd by the Gauls , went to Veio with determination to dwell there : The Senate informed thereof , commanded , That upon great Pain every Citizen should return to Rome , whereat the People at first mocked ; but when every Man particularly within himself considered his own Peril , all in general determined to obey the Magistrates . In the Employment of Men for Service , neither Age nor Fortune ought so much to be regarded as Vertue ; for young Men having made trial of their Valour , soon become aged , and thereby either unapt or unable to serve : Therefore well governed Commonwealths , preferred Military Vertue before any other respect . Example , Valerius Corvinus , with others , made Consul the three and twentieth Year of his Age , and Pompey triumphed in his Youth . No wise or well-advised Prince or other State will undertake without excessive Forces to invade the Dominions of any other Prince , unless he assure himself of some Friends there to be a Mean , and as it were a Gate to prepare his Passage . Example , The Romans by Aid of the Saguntines . entred Spain , the AEtoli called them into Greece , the Hediai into France : Likewise the Palaeologi incited the Turk to come into Thrace ; and Ludovicus 〈◊〉 occasioned Charles the French King to come into Italy . A Republick desirous to extend the Bounds thereof , must endeavour to be fully furnish'd with Inhabitants , which may be done both by Love and Force : Love is gained by suffering Strangers to inhabit the City securely ; and Force compels People to come thither , when other Cities and Towns near at hand be demolished or desaced : And impossible it is without this Order of proceeding . to enlarge any City or make the same of greater Power . Example , The Romans to enlarge their City demolished Alba , and many other Towns , and therewith also entertained all Strangers courtcously : So as Rome grew to such greatness , that the City only could arm six hundred and forty thousand Men ; but Sparta or Athens could never exceed twenty thousand , for that Lycurgus had inhibited the access of Strangers . A Commonwealth that consumes more Treasure in the War , than it profits in Victory , seems to have rather hindred than honoured or inriched the State. A wise Captain therefore in his Actions , ought as well to profit the Republick , as to gain to himself Glory . Example , The Consuls of Rome did seldom desire Triumph , unless they returned from the War loaden with Gold , Silver and other rich Spoils fit to be delivered into the Common Treasury . All Foreign War 's with Princes or other States taken in hand , be either for Ambition or Desire of Glory , or else for Necessity . Example , The Romans for their Ambition conquered many Nations , with intent only to have the Obedience of the People ; yet did they suffer them to hold Possession of their Houses , and sometimes they were permitted to live only with their old Laws . Likewise Alexander the Great endeavoured to suppress many Princes for his Glory , but did not dispossess the People , nor kill them . Otherwise it is where a whole Nation inforced by Famine or Fury of War , abandon their own Dwellings , and are forced to inhabit elswhere . Example , The Goths and other People of the North invaded the Roman Empire , and many other Provinces , whereof their Alteration of Names did ensue ; as Illyria , now called Slavonia , England formerly named Britain . A common Conceit and Saying it is , That Mony makes the War strong , and is the Force and Sinews thereof ; as though he who hath most Treasure , be also most mighty ; but Experience hath apparently shewed the contrary . Example , After the Death of Alexander King of Macedon , a multitude of Gauls went into Greece , and being there arrived , sent certain Ambassadors to the King , who supposing to make them afraid of his Power , shewed them his Treasure , which wrought a contrary effect ; for the Gauls , before desirous of Peace , resolved then to continue the War , in hope to win that mighty mass of Mony. Likewise Darius should have vanquished Alexander , and the Greeks might have conquered the Romans , if the richer Prince might ever by his Mony have prevailed . Every League made with a Prince or Republick remote , is weak and rather aideth us with Fame than Effect , and consequently deceiveth all those that in such amity repose Confidence . Example , The Florentines being assaulted by the King of Naples and the Pope , prayed Aid of the French King ; who being far distant , could not in Time Succour them : And the Cedicini desiring Aid of the Capuani against the Samnites , a People of no Force , were deceived . A Prince whose People is well arm'd and train'd , shall do better to attend his Enemy at Home , than by Invasion to assault his Country : But such Princes whose Subjects are disarmed , had need to hold the Enemy aloof . Example , The Romans , and in this Age the Swisses , being well armed , may attend the War at Home ; but the Carthaginians and Italians being not so well furnished , did ever use to seek the Enemy . The Plurality of Commanders in equal Authority , is for the most part occasion of slow Proceeding in the War. Example , There was at one Time in Rome created four Tribuni Militares with Authority of Consuls , viz. T. Quintus after his Consulship , Cajus Furius , M. Posthumus , and A. Cornelius Cassius , amongst whom arose so much Diversity and Contrariety of Opinion , as nothing could be done till their Authority ceased , and M. AEmylius made Dictator . A Victory obtained by any great Captain with the Authority of his Prince's Commission , 〈◊〉 and Directions , ought ever to be imputed rather to the Wisdom of the Prince , than the Valour of the Captain : Which made the Emperors of Rome to permit no Captains ( how great soever his Victories were ) to Triumph , as before that time the Consuls had done ; and even in those Days a modest Refusal of Triumph was commended . Example , M. Fulvius having gained a great Victory against the Tuscans , was both by the Consent of the Senate and People of Rome , admitted to Triumph ; but the 〈◊〉 of that Honour proved his great Glory . All they that from private Estate have aspired to Principality , either by Force or Fraud be come thereunto , unless the same be given , or by Inheritance descended : Yet it is rarely seen , that Force alone prevaileth , but Fraud without Force oft-times sufficeth . Example , Agathocles by such means became Prince of 〈◊〉 John Galeazzo by abusing his Uncle Barnabas , gained the Dominion of Lombardy ; and Cyrus circumvented Cyaxares his Mothers Brother , and by that Craft aspired to Greatness . Sudden Resolutions are always dangerous ; and no less Peril ensueth of slow and doubtful Delays . Example , When Hieron Prince of Syracuse died , the War even then being in great Heat between the Romans and Carthaginians , they of Syracusa consulted , whether it were better to follow the Fortune of Rome or Carthage . In which Doubt they continued until Apollonides , a chief Captain of Syracusa , laid before them , That so long Delay would make them hated both of Romans and Carthaginians . Likewise the Florentines being by Lewis the Twelfth required to give his Army Passage towards Naples , mused so long upon an Answer , that he became their Enemy , and they forced to recover his Favour full dearly . To govern a State is nothing else but to take such Order as the Subjects may not , or ought not to offend ; which may be done , either by removing from them all means to disobey , or by affording them so great Favours , as reasonably they ought not to change their Fortune ; for the mean Course proveth Dangerous . Example , The Latins being by the Valour of Camillus overcome , yielded themselves to endure what Punishment it pleased the Romans to inflict . An Ingenious and Magnanimous Answer being made unto Wise Magistrates , doth oft obtain both Pardon and Grace . Example , When the Privernates had rebelled , and were by Force constrained to return to the Obedience of the Romans , they sent certain of the City unto Rome , to desire pardon ; who being brought before the Senate , one of the Senators asked the Privernates , what punishment themselves did think they had deserved : The same , quoth they , which Men living in Freedom , think they are worthy of . Whereto the Consul thus replied , Quid si poenam remittimus ? Qualem nos pacem vobiscum habituros speremus ? The Privernates answered , Si bonam dederitis , & fidelem & perpetuam : Si malam , haud diuturnam . Which Answer was thought to proceed from generous Men , and therefore they were not only pardoned , but also honoured and received into the number of the Roman Citizens . All Castles , Forcresses , and Places of Strength , be made for Defence , either against the Enemy or Subject : In the first Case they are not necessary , in the second dangerous . For thereby the Prince may at his Pleasure take occasion to insult upon the Subject , when much more seemly he might settle his Estate upon the Love and good Affection of Men. Example , The Castle of Millan made by Duke Francisco Sforza , incited his Heirs to become insolent ; and consequently they became odious ; which was also the cause that so soon as that City was assaulted , the Enemy with facility did possess it . That Prince or Potentate which builds his Severity rather upon the Trust he hath in Fortresses , than the Love of Men , shall be deceived : For no Place is so strong , as can long defend it self , unless by the Love and Aid of Men it be in time of Necessity succoured . Example , Pope Julio having drawn the Bentivoli out of Bologm , built there a strong Castle ; the Governor thereof robbed the People , and they there with grieved , in a short Time took the Castle from him . So after the Revolt of Genoa , Lewis the Twelsth came to the Recovery thereof , and builded there the strongest Fortification of Italy , as well for Sight as the Circumstances inexpugnable . Nevertheless the Citizens rebelled , and within sixteen Months the French were sorced to yield the Castle and Government to Octavio Fragosa . To build Forts upon Places of Strength , either for defence of our own , or to hold that which is taken from others , hath ever proved to small purpose . Example , The Romans having supprest the Rebellion of the Latins and Privernates , albeit they were People Warlike , and lovers of Liberty ; yet to keep them Subject , built there no Castle , nor other Places fortified : And the Lacedemonians did not only forbear to fortifie the Towns they conquered , but also left their chief City of Sparta unwalled . The Necessity or Use of Fortification is only upon Frontiers , or such principal places where Princes make their Habitation ; to the end the Fury of sudden Assaults may be staid , and Time for Succor entertained : Otherwise , Example , the Castle of Millan being made to hold the State in Obedience , could not so do either for the House of Sforza or France . Guido Ubaldo , Duke of Velin , driven from his Dominion by Caesar Borgia , so soon as he recovered his Country , caused all the Forts to be demolished : For by Experience be found the Love of Men was the surest Defence , and that Fortifications prevailed no less against him than for him . The Causes of Division and Faction in every Commonweal proceed most commonly of Idleness and Peace , and that which unieth , is Fear War. Example , The 〈◊〉 and Elinsci having Intelligence of great Contention between the Nobility and People of Rome , thought that a sit Opportunity to oppress the one and the other : But the Romans informed of such an Intention , appeased all Do mestick Anger , and by the Valour of their Arms , conducted by Gn. Manlius and M. Fabius defeated the Enemies Forces . The means to usurp an Estate 〈◊〉 is , first before Arms be taken , to become , as it were , an Arbitrator or a Friend indifferent ; and after Arms be taken , then to send moderate Aid to the weak Side , as well to entertain the War between the Factions , as also to consume the Strength both of the one , and the other ; yet in no wise to employ any great Forces , for thereby either party may discover the Intents to suppress them . Example , The City of Pistoia fallen into Division , the Florentines took occasion sometimes to favor the one , and sometimes the other , that in the end both sides weary of the War , voluntarily yielded to their Devotion . Philippo Viscount , hoping sundry times by occasion of Faction to oppress the Florentines , did often assault them with great Forces , which was the Cause that they became reunited ; and consequently the Duke deceived of his Expectation . A great Wisdom it is to resrain Opprobrious and Injurious Speech : For as neither the one nor the other can any whit decrease the Enemies Force , so doth it move him to greater Hate , and more desire to offend . Example , Gabides , a General of the Persians having long besieged Amida , became weary , and preparing to abandon the enterprise , raised his Camp , which they of the City beholding , began to revile the Persians , and from the Walls reproved them of Cowardise ; which undiscreet Words so highly 〈◊〉 Gabides , as thereupon he resolved to continue the Siege , and within 〈◊〉 days won the City . Tiberius Gracchus appointed Captain of certain Bands of Men , whom for want of other Soldiers the Romans entertained , proclaimed in his Camp , That no Man , upon Pain of Death , should contumeliously call any Soldier Slave , either in Earnest or Jest. Nam facetiae asperae quando nimium ex vero traxere , acrem suimem riam 〈◊〉 Likewise Alexander the Great having conquered well near all the East , brought his Forces before Tyre , they fearing Alexander's Fury , offered upon honourable Considerations to yeild him Obedience , only requiring , that neither he nor any of his Forces should enter the City , which motion after four Months Alexander accepted , and so signified by his Ambassador , who arriving at Tyre was by the proud Citizens slain , whereat Alexander grew into Choler , and being ready to forsake the Siege , staid his Forces , and in the end sacked the City and put the People to the Sword. A Prince or any other State being assaulted by an Enemy of far more puissance than himself , ought not to refuse any honourable Compositions , chiefly when they are offered ; for no Conditions can be so base , but shall in some 〈◊〉 turn to Advantage and Honour of him that accepts them . Example , 〈◊〉 1512. certain Florentines procured great Forces of Spaniards to come thither , as well to reposess the Medici then banish'd , as also to sack the City ; promising that so soon as the Army of Spain did come into the Florentine Dominion , the Faction of Medici would be ready armed to receive them . But the Spaniards being come , found no Forces at all to joyn with them ; and therefore wanting Victual , offered Composition . The Florentines finding the Enemy distressed grew insolent and refused Peace , whereof followed the loss of Prato , and many other Inconveniences . The like happened to them of Tyre , as before . The denial or delay of Justice desired in revenge of Injuries either publick or privately offered , is a thing very dangerous to every Prince or other State ; for that the Party injured doth oft by indirect means , though with hazard of his Country and himself , seek satisfaction : Example , The Complaint which the Galli made against the Fabii who sent Ambassadors in favour of the Tossani , not being heard , nor any punishment inflicted upon them for Fighting against the Law of Nations , was the cause that the Galli were offended with the States , whereof followed the sack of Rome ; and the delay of Justice in Philip of Macedon , for not revenging the incestuous oppression of Attalus to Pausanias , was the Motive to murther that King. Whoso endeavours the alteration of any State must of necessity proceed with all severity , and leave some memorable Example to those that shall impugn the Ordinance of Government newly setled . Example , When Junius Brutus had by his great Valour banish'd the Traquins , and sworn the People that no King should ever reign in Rome ; within short time after , many young Nobles , among whom was Brutus's Son , impatient of the equality of the new Government , conspired to recall the Tarquins ; but Brutus thereof informed , caused his own Son not only to be condemned to death , but was himself present at the Execution . As Health and soundness of the Hands . Legs , and other outward Members cannot continue Life , unless the Heart and vital Spirits within be strong and sirm ; so Fortifications and Frontier-desences do not prevail , unless the whole Corps of the Kingdom and People be well armed : Example , When the Emperor came into Italy , and had with some difficulty past the confines of the Venetians well near without resistance ; his Army march'd to Venice , and might doubtless have possest the City , had it not been defended with Water . Likewise the English in their assault of France , excepting a few Encounters on the Frontiers , found no puissant resistance within the Realm . And Anno 1513. they forced all that State , and the King himself to tremble , as ost before they had done ; but contrariwise the Romans knowing that Life lay in the Heart , ever held the Body of their State strongest : For the nearer the Enemy approach'd Rome , the better they found the Country armed and defended . The desire to command sovereignly is of so great Force , as doth not only work in those that are in expectation of Principality , but also in them that have no Title at all . Example , this Appetite moved the Wife of Tarquinius Priscus contrary to all natural Duty to incite her Husband to murder her own Father Servius , and possess his Kingdom , as being persuaded it were much more honourable to be a Queen than to be the Daughter of a King. The violation of ancient Laws , Orders and Customs , under which People have long time lived , is the chief and only cause whereby Princes hazard their Estate and Royal Dignity . Example , Albeit the deflowring of Lucrece was the occasion , yet was it not the cause that moved the Romans to take Arms against Tarquin ; for he having before that fact of Sextus his Son , governed Tyrannically , and taken from the Senate all Authority , was become odious both to the Senate , Nobility and People , who finding themselves well-governed , never seek or wish any other liberty or alteration . A Prince that desires to live secure from Conspiracy , hath cause rather to fear those on whom he hath bestowed over-great Riches and Honors , than those whom he hath greatly injured ; because they want Means to offend ; the other have many opportunities to do it : Example , Perrenius the prime Favorite of Commodus the Emperor , conspired his Death . Plautianus did the like to Severus , and Sejanus to Tiberius ; for being advanced to so great Honors , Riches and Offices , as nothing remained desirable but the Imperial Title , they conspired against the Persons of their Sovereigns in hope of the Dignity ; but in the end they endured that Punishment which to such Disloyalty and Ingratitude appertaineth . An Army which wants Experience , albeit the Captain be expert , is not greatly to be feared ; neither ought an Army of well-train'd Soldiers to be much esteemed , whose Captain is ignorant . Example , Caesar going into Africa against Afranius and Petraeus whose Army was full of old Soldiers , said he feared them little , Quia 〈◊〉 ad exercitum sine duce . Contrariwise , when he went to Pharsalia to encounter Pompey , he said , Ibo ad ducem sine exercitu . A Captain General commanding an Army ought rather to govern with Curtesie and Mildness , than with over-much Austerity and Severity . Example , Q. and Appius Claudius being Consuls , were appointed to govern the War. To Q. was allotted one Army which served very dutifully ; but Appius commanding the other with great Cruelty , was by his Soldiers unwillingly obeyed . Nevertheless Tacitus seems of contrary Opinion , saying , Plus Poena quam obsequium valet . Therefore to reconcile these different Conceits , I say , that a General having power to command Men , either they are Confederates or Subjects : If Confederates or Voluntaries , he may not proceed to extream punishment ; if Subjects , and his power absolute , they may be governed otherwise ; yet with such respect , as the insolence of the General inforce not the Soldiers to hate him . Honour may sometime be got as well by the loss as gaining of Victory . Every Man knoweth Glory is due to the Victor , and we deny not the same Priviledge to the vanquished , being able to make proof that the Loss proceeded not from his Default . Neither is it dishonourable to violate those Promises whereto the necessity or disadvantage of War inforceth . And forced Promises which concern a whole State , are not binding , and rarely or ever kept , nor is the Breaker thereby to receive Disgrace . Example , Posthumus the Consul having made a dishonourable Peace with the Samnites , was by them with his whole Army sent home disarmed . Being arrived at Rome , the Consul informed the People they were not bound to perform the base Conditions he was compelled to yield unto ; albeit , he and those few that promised , were bound to perform them . The Senate thereupon concluded to send him Prisoner to Samno , where he constantly protested the Fault to be only his own ; wherefore the People by that Peace incurred no Dishonour at all : And Fortune so much favoured Posthumus , as the Samnites were content presently to return him to Rome ; where he became more glorious for losing the Victory , than was Pontius at Samno for having won the Victory . Wise Men have long observed , That who so will know what shall be , must consider what is past ; for all worldly Things hold the same course they had at first . The Reason is , that as long as Men are possest with the same Passions with former Ages , consequently of these doings the same effects ensue . Example , The Almains and French have ever been noted for their Avarice , Pride , Fury and Infidelity , and so in divers Ages , experience hath proved even to this present : For perfidious Dealing the French have given sufficient proof , not only in ancient times , but also in the time of Charles VIII . who promised to render to the Florentines the Forts of Pisa , but having divers times received Mony , held them not with standing in possession . The Florentines found the like in the Almains ; for in the Wars of the Visconti , Dukes of Milan , they prayed aid of the Emperor , who promised them great Forces ; in consideration whereof , he was to receive of the Florentines one hundred thousand Crowns in Hand , and as much more when his Army was arrived in Italy , both which Payments were performed ; but as soon as the Emperor came to Verona he devised Cavillations of Unkindness whereupon he returned home . A Prince desirous to obtain any thing of another , must if occasion so permit , urge his Demand so earnestly and press for so sudden and present Answer , as he who is prest may not have leisure to consider how to excuse himself in denial . Example , Pope Julio endeavoured to drive out of Bologna all the Bentivoli , in which Action he thought the aid of the French recessary , and that the 〈◊〉 〈◊〉 〈◊〉 neutial ; and by divers 〈◊〉 did 〈◊〉 them to that 〈◊〉 but not 〈◊〉 any resolute An 〈◊〉 he though 〈◊〉 with those sew 〈◊〉 he had to take his Journey to 〈◊〉 〈◊〉 on the Venetians 〈◊〉 him they would remain 〈◊〉 〈◊〉 the French King forthwith sent 〈◊〉 〈◊〉 as searing the Popes 〈◊〉 likewise the Tuscans having for 〈◊〉 〈◊〉 aid of the Samnites against the Romens , took Arms suddenly and 〈◊〉 their request which the Samnites 〈◊〉 before denied . When a Multitude 〈◊〉 all may not be 〈◊〉 because they are too many : To punish part and leave the rest 〈◊〉 were Injury to the Suflerers ; and to those that escape , an Encouragement to offend again ; therefore to eshew all extremity , mean Courses have been anciently used . Example , When all the Wives of the Romans conspired to Poyson their Husbands , a convenient number of them wero punisht , and the rest suffered to pass Likewise at the conspiracy of the Bacchanals in the time of the Macedonian War , wherein many thousands Men and Women had part , every tenth person only was put to death by lot , although the ossence were general ; by which manner of punishing , he that suffered , complain'd on his fortune ; and he that escaped , was put in fear , that offending again , the same punishment might light upon himself , and therefore would no more offend . A Battel or great action in Arms ought not to be enterprised without special Commission or Command from the Prince ; otherwise the General incurs great danger . Example , 〈◊〉 the Dictator punisht the General of the Horse in the Roman Army , for having sought without his 〈◊〉 adthough he had in battle slain 20000 Enemies without loss of 200 of his own : and Caesar commended his Captain 〈◊〉 for having refrain'd to fight , though with great advantage he might . Also count Egmont hazarded the favor of the King his Master for giving battel to Marshall de Thermes , albeit he were victorious : for upon the success of that action the loss or safety of all the Low Countries depended . To govern without Council is not only dangerous in Aristocracies and Popular States , but unto independent Princes an occasion of utter ruin . Example , Hieron the first King of Sicily in all his proceedings used the advice of Counsels , and lived fifty years prosperously in Peace ; but his grand-child succeeding , refusing all Counsel lost his Kingdom , and was with all his Kinsfolk and Friends cruelly slain . In all Monarchies the Senate or privy-Council is or ought to be composed of persons of great dignity , or Men of approved wisdom and understanding . Example , In Polonia no Man is Counsellor unless he be a Palatine , a Bishop , a Castellan , a Captain , or such a one as hath been Ambassador : and in Turky the title of Counsellor is not given but only to the four Bassaes. The two Cadelesquires , the twelve Beglerbegs , and Kings Son , who in his Fathers absence , is as it were a President of the Divano or Senate . Many Princes Ancient and Modern have used to select out of their Council , two or three , or four at most , to whom only they did impart their affairs . Example , The Emperor Augustus had Maecenas and Agrippa ; Julius Caesar , Q. Paedius and Cor. Balbus , whom he only trusted with his Cipher and secrets , being Counsellors of the Cabinet ( as we now call them . ) The alteration of old Laws , or introduction of new , are in all States very dangerous , notwithstanding any appearance of profit or publick utility , which moved wise Governours to decree , that ancient Laws once established might never be called in question . Example , The Athenians decreed that no Law should be propounded to the People without the consent of the Senate : the like use is observed in Venice , where no Petition is preferred to the Senate but by advice of the Sages ; and among the Loerians the Custom was , that whosoever presented any new Law to be confirmed , should come with a Halter about his Neck , and be therewith hanged if his request were rejected ; also Lycurgus to prevent the alteration of his Laws , did swear the People of Sparta to observe them untilhis return , and thereupon retired himself into voluntary exile , with intent never to return . When necessity or good reason moves Innovation or Abolition of Laws , a course more secure it is to do it rather by degrees than suddenly . Example , The Romans finding the Laws of the twelve Tables unprofitable , suffered them to be observed or neglected at discretion , but would not publickly suppress them for fear of calling other Laws into contempt : so did they continue 700 years , and were then cassed by Ebutius the Tribune . But Agis King of Lacedemon desirous to revive the Laws of Lycurgus , long discontinued , 〈◊〉 all Men to bring in their evidence and writings to be cancelled , to the end a new partition of Lands and Goods might be made ; which suddain and violent proceeding proved so 〈◊〉 that it moved a dangerous sedition , wherein he was disposed and with his Mother and Friends put to death ; which Example haply moved the 〈◊〉 not to attempt any thing against the Authority of Augustino Barberino their Duke . but after his death , and 〈◊〉 the Election of 〈◊〉 the 〈◊〉 〈◊〉 new Ordinances 〈◊〉 〈◊〉 the Ducal Authority . Whoso hath won to himself so great Love and Affection , as thereby to become master of the forces , and at his pleasure commands the Subjects apt for Arms , may also without right or title assure himself of the whole Estate . Example , Hugh Capat a Subject to the Crown of France , being greatly honoured by the Soldiers , sound means thereby to prevent Charles Duke of Lorrain of the Crown , being right Heir by descent from Charlemain . And albeit the Families of the Paleologi , Ebrami and Turcan . be of the blood Royal and Right 〈◊〉 to the 〈◊〉 Empire , when the 〈◊〉 Line shall fail ; yet it is like that 〈◊〉 chief Bassa having the love of the 〈◊〉 will usurp the State , because the Paleologi and other Competitors be far from the Turks person , poor and without means to purchase the Soldiers favor . A Commander General in Arms , ought upon pain of great punishment be enjoyned , not to imploy or retain any forces longer than the time of his Commission . Example , The Dictators of Rome were in this point so precise , as never any of them dared to transgress the time prefixed , till Caesar obtained that dignity should continue in him for life ; which was the cause of his usurpation of the State. Also the Thebans commanded , that if the General of their Army did hold his forces one day longer than the time prefixt , he should thereby incur danger of death : which Justice was executed upon Epaminondas and Pelopidas . Banishment of great Lords , or Citizens of great Reputation , hath been in divers places diversly used : for in the one , they were inforced only to absent themselves without further infliction ; in the other , Banishment was accompanied with Consiscation , a course of great danger . Example , In Argos , Athens , Ephesus , and other Cities of Greece , the Citizens puissant in Friends , Vertue or Riches , were many times banish'd for Envy or Fear , but never or very rarely forced to absent themselves longer than ten Years ; and that without loss of Goods , which was the cause that never any of them Warred against the Country : But Dion being banish'd Syracusa by Dionysius Junior , and Coriolanus from Rome , did make mighty Wars against their own Country . The like was done by the Medici in Florence . Honourable and Magnanimous Men were wont not only to enterprise great Acts , but also to suffer patiently all Injuries which Foes or Fortune could expose them to : As resolved , that no Calamity was so great as to make their Minds abject , or to forget the Dignity appertaining to Persons vertuous : Example , After the defeat of the Roman Army upon the River Allia , the 〈◊〉 persued the Victory even to 〈◊〉 Walls : Whither being come , and finding the Gates open , without any sign of Resistance they entred the Streets , where all Honourable Palaces were also unshut , which caused the Galli greatly to doubt . Nevertheless looking into the Houses , they found in every of them a Senator set in a Chair of State , and in his Hand a Rod of Ivory ; his Person was also vested with Robes of Dignity , which Majestick spectacle did marvelously amate the Galli , not having before that time seen any such Reverend Sight ; and therefore did not only refrain to osfer Violence , but highly admired the Roman Courage , chiesly in that Fortune . Nevertheless at length a rude Gall hapned with his Hand to touch the white Beard of M. Papyrius , whereat he taking 〈◊〉 disdain struck him with his Rod , in requital whereof the Barbarian slew Papyrius , and by that example all the other Senators and persons of dignity were also slain . Albeit the knowledge and study of Letters be both commendable and necesssary in all well regulated States ; yet if under so honest pretence , Idleness enter , such Abuses most seasonably be soreseen and rernoved . Example , When Deognis and 〈◊〉 two excellent Philosophers , were sent Ambassadors from Athens to the Rommans , many of the Nobility that besore disposed themselves to Arms , allured with their Eloquence and marvelous Wisdom , began with great Admiration to follow them : And in lieu of Arms , turned their endeavours to the study of Letters , which the wise Cato discerning , procured the Senate to decree that ( to eschew all Inconveniences which so honest Idleness might breed ) no Philosophers should from thenceforth be received into Rome . The Honour due to Magistrates was anciently much regarded , and contrariwise all irreverent and undutisul Behaviour with great Severity punish'd . Example , The Censors of Rome degraded a Citizen only for having yawned loud in their Presence : And another called Vectius was slain in the Field , for not doing due reverence to a Tribune when he past by him . It is also observed , that the Son of Fab. Maximus when he was Censor , meeting his Father on Horseback , and seeing the Sarjeans assraid to speak to him to dismount , did himself Command him so to do , which Command the Father cheerfully and willingly obeyed , saying , Domestick Power must give place to Publick Authority . Tyrannous Princes having incurred the universal Hate of People , sound no means so meet to preserve them from Popular Fury , as to execute or deliver into their Hands their own chief Minions and intimate Counsellors . Example , Tiberius delivered to the People his Favourite Seianus : Nero , Tigellinus . Henry King of Swede committed to their Fury his best beloved Servant George 〈◊〉 Caracalla caused all his Flatterers to be slain that had persuaded him to kill his Brother . The like was done by Caligula , whereby he escaped himself . A Prince that rewards or pardons a Person that kills another Prince , albeit by that means he is aspired to Soveraignty , shall thereby both incur great Danger and Hate , and encourage Men therein to attempt the like against 〈◊〉 Therefore wise Princes have not only lest such Services quite 〈◊〉 but also most severely punished them . Example , The Emperor Severus put all those to death that consented to the Murder of Pertinax ; and Alexander the Great executed him that slew Darius , as abhorring that Subject that would lay violent Hands on his Prince , not withstanding he were an Enemy . Likewise Vitellius put to death all the Murderers and Conspirators against Galba ; and Domitian Executed his Secretary Epaphroditus for the Murder of Nero , although he instantly desired his aid . The vertuous and vitious Examples of Princes incite Subjects to imitate the same Qualities ; which Rule never or very rarely fails . Example , Francis the First King of France , and other Princes in divers Ages and Places , had great esteem of Learned Men ; and forthwith all the Princes , Nobles , Nobility and Clergy , disposed themselves so earnestly to study , as before that time had not been seen so many and so great a number of Learned Men , as well in Tongues as Sciences . Contrariwise , Alexander the Great , otherwise a Prince of great Vertue , by his immoderate use of Drinking , did draw the greatest number of his Court and People also to delight in Drunkenness The like effect followed the excessive Intemperance of Mithridates , King of Amasia . The last and not the least considerable , is , to observe how great effects Devotion and Contempt of Human Glory worketh in the Minds not only of private Persons , but of Kings and Princes also , who have oft abandoned worldly Profit , Honour and Pleasure , to embrace the con templative retired Life . Example , Ramirus King of Aragon , Verecundus King of Spain , Charlemain Son of Carolus Martellus , Matilda Queen of France , Amurath King of Turbay , with many others . Imperio Maximus , exemplo Major . FINIS . Notes, typically marginal, from the original text Notes for div A57590-e1010 * Commissions determine in presence of him that granted them . * So Henry the Fourth of France by putting his Courtiers to Board-wages was said to make Money with his Teeth . * The Author of the Epistle Dedicatory to the Dutchess of Suffolk , prefix'd to Mr. Latimer's Sermons , saith , that Lawyers covetousness hath almost devoured England . Discipline . Tam bene quam male facta praemunt . Mart. A96861 ---- Anglo-tyrannus, or the idea of a Norman monarch, represented in the paralell reignes of Henrie the Third and Charles kings of England, wherein the whole management of affairs under the Norman kings is manifested, together with the real ground, and rise of all those former, and these latter contestations between the princes, and people of this nation, upon the score of prerogative and liberty. And the impious, abusive, and delusive practises are in short discovered, by which the English have been bobbed of their freedome, and the Norman tyrannie founded and continued over them. / By G.W. of Lincolnes Inne. Walker, George, of Lincoln's Inn. This text is an enriched version of the TCP digital transcription A96861 of text R203987 in the English Short Title Catalog (Thomason E619_1). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 147 KB of XML-encoded text transcribed from 33 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A96861 Wing W340 Thomason E619_1 ESTC R203987 99858749 99858749 110807 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A96861) Transcribed from: (Early English Books Online ; image set 110807) Images scanned from microfilm: (Thomason Tracts ; 95:E619[1]) Anglo-tyrannus, or the idea of a Norman monarch, represented in the paralell reignes of Henrie the Third and Charles kings of England, wherein the whole management of affairs under the Norman kings is manifested, together with the real ground, and rise of all those former, and these latter contestations between the princes, and people of this nation, upon the score of prerogative and liberty. And the impious, abusive, and delusive practises are in short discovered, by which the English have been bobbed of their freedome, and the Norman tyrannie founded and continued over them. / By G.W. of Lincolnes Inne. Walker, George, of Lincoln's Inn. [8], 56 p. printed for George Thompson at the signe of the white horse in Chancery Lane, London : 1650. Dedication signed: George Walker. Annotation on Thomason copy: "Decemb 3d". Reproduction of the original in the British Library. eng Monarchy -- Great Britain -- Early works to 1800. Normans -- England -- Early works to 1800. Prerogative, Royal -- England -- Early works to 1800. Great Britain -- History -- Henry III, 1216-1272 -- Early works to 1800. Great Britain -- History -- Charles I, 1625-1649 -- Early works to 1800. A96861 R203987 (Thomason E619_1). civilwar no Anglo-tyrannus, or the idea of a Norman monarch, represented in the paralell reignes of Henrie the Third and Charles kings of England,: whe Walker, George, of Lincoln's Inn 1650 26305 22 30 0 0 0 0 20 C The rate of 20 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-05 TCP Assigned for keying and markup 2007-05 Aptara Keyed and coded from ProQuest page images 2007-06 Pip Willcox Sampled and proofread 2007-06 Pip Willcox Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Anglo-Tyrannus , Or the Idea of a NORMAN MONARCH , Represented in the paralell Reignes of HENRIE the Third and CHARLES Kings of ENGLAND , Wherein the whole management of affairs under the Norman Kings is manifested , together with the real ground , and rise of all those former , and these latter contestations between the Princes , and people of this Nation , upon the score of Prerogative and Liberty . And the impious , abusive , and delusive practises are in short discovered , by which the English have been bobbed of their freedome , and the Norman Tyrannie founded and continued over them . By G. W. of Lincolnes Inne . Nihil medium Libertas habet , quae aut tota est , quod debet , aut amissa parte sui tota fuit , et extinguitur : Quam ideirco non ignavis , neque Brutis , & ad serviendum natis , sed erectis animabus Deus immortalis conservandam tradit . Heinsius orat . 4. — Iustitia , pietas , fides , Privata bona sunt , qua juvat Reges eant . London printed for George Thompson at the Signe of the white horse in Chancery Lane . 1650. To the Right Honourable the Lord President BRADSHAW . My Lord , THough I may seem bold , I am not so blind , but that I perceive your Lordship taller by the head than most I can set by you , and so come for patronage in hopes of a favourable smile , being sure to have frownes enough from them , who not able to look over the heads of others , croud as it were hood-wink'd after those that goe before them . It was the ancient practice of enslaved Rome , after death to Deifie her Tyrants , and this her badge of slavery we in England have long worn as a Livery of our bondage ; whose Kings ( when dead ) must be of Famous , and Blessed Memory , though they liv'd most infamous for Cowardize , and detestable for Tyranny ; and though this was acted to flatter their Successors at first , yet by custome it hath so prevailed , that notwithstanding the cause is now taken away , the effect remains among the multitude ( to whom Logick must give place in their irrationall actings ) and from a naturall necessity is become a divine institution ; so that immortall , as earthly Crownes are givem them Iure Divino , to dye Saints , as they live Kings : Indeed Rome may have somthing pleaded in her excuse , for she had her infernall Gods , whom by sacrifice she endeavoured to appease from doing mischief , so little inferiour was her superstition to her slavery , which was as great as tyranny could create . I know our royall Idolaters will lay hold of the Horns of this , De mortuis nil nisi bonum ; but it can afford them little safety , and me lesse danger , whom the Metaphysicks have taught , that bonum & verum convertuntur , that J cannot write good , unlesse J write truth ; thus what they have taken for their shield , is the dart which pierceth their Liver , and by what they would ward off , they are smitten with the blow of high-treason , themselves being the only and grand transgressors against the majesty of History , whose Prerogative it is not onely to reward the good , with honour and renown , but also to punish the evill , with ignominie and reproach . The case standing thus , I am assured of your Lordships protection , against all storms such inchantments may raise against me , whose rationall eye being able to pierce these foggs doth perceive what hath so long been invelop'd in the mist . Thus my Lord , having looked aside at selfe , yet I constantly kept your Lordship in my eye , , and your honour stood fore-right , my safety but on one side in my choice , not out of presumption that my weak endeavours could adde any thing to you , but in assurance that others seeing what profit they have received , what misery they have escaped in the book , will return to the Dedication , and with honour read your name , who have been so great an iustrumet under God of their deliverance . God hath chosen you to judge between a King and a people , and your sentence hath shewn you are sufficiently informed of what this Discourse treats : yet as a Pharos may be usefull to delight a man with the prospect of those rocks , shelves , and sands he hath escaped , to whom it was a sea mark to guide safe into the Port ; so may your Lordship with comfort cast your eye upon the ensuing Discourse , viewing the dangers you and all good Patriots have past , especially having had so great an hand in the steerage into the Harbour . And now give me leave to mention your worthy acts , that it may be known I am not unmindfull of a good turn , it is the onely thanks I am able to repay in the behalf of my Conntrey and self : I know some will be apt to condemne such an action as savouring of flatterie , but the most free from that vice , the most severe , the most rigid in the School of vertue , a Cato himself hath done the like , and that not onely upon the Score of gratitude , but to encourage and incite to further gallantry , and the most censorious of them may perchance perceive their own black Shadows by your light , and from your example take out a new lesson of duty to their countrey whom they ought to serve before themselves . You have undauntedly stood the shock of what ever slavish malice could bring against you , and have been eminent in vindicating the right God and nature invested the nation with from the power of usurping tyranny , no counterfeit rayes , no glittering impostures gilded with pretences of sacred , and Majestick have dazzeled your eyes , but with a steddy and impartiall hand you have guided the Scale of justice , wherein that bubble of worldly honour hath been found too light to counterpoise those sinnes of murder and oppression , which brought such heavy judgements on the land , whose yo●e hath been broken , whose guilt hath been removed in a great measure , by having justice executed without respect of persons . {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} saith the Philosopher , to do good to one is honourable , to a nation is heroicall ; to perform the first , is the private mans duty , to be able to do the latter is the publick magistrates divinity . God hath not onely given you power , but a mind also to employ it well , you have been good as wel as Great , and God hath preserved you , & honored you in your integrity , of which we have received such sure signs , that it must argue us more severe than just , more suspicious than Charitable , but to doubt that the Honour of God , the good and freedome of your Countrie shall not still possesse the first part of your affections , and be the ultimate end in all your actions , that so the goodwill of him that dwelt in the Bush being with you and your fellow Builders may enable you to perfect the great work of Reformation to his glory , your own honours , and the happinesse and freedome of this nation , all which are uufeignedly desired by him who craving pardon for this bold approach as by duty obliged subscribes . My Lord Your Lordships most humble servant George Walker . To the Reader . HE must rise betimes ( saith the proverb ) who will please all , which may cease our wonder that the Common-wealth is so displeasant to some , which hath gotten up so late , yet better late than never . But though some dotarts square all by antiquity , supposing none so wise , which are not so old ▪ and guesse at the understanding by the gray hairs , which in truth are rather a badge of imperfection , and the declension of nature , and which came into the world at the back doore , being a part of that fatall offspring begot between the Serpents craft , and our first Parents disobedience : I speak not this in scorn of age , which I honour when found in the way of righteousnesse and truth , nor in deniall of its advantage over youth by experience , but to oppose that errour spred amongst many that all wisdome deceased with their Grandsires , and they are onely to travell in their tracks , an opinion more agreeable to a pack horse , than a man endued with a rationall soul , which is not to lie idle , and which indeed the word of God , and universall experience which even make fools wise contradicts , the one infallibly declaring that in the latter dayes the Spirit of Truth shall more abundantly be poured forth into earthen vessels ; the other visibly informing us of the daily advantages we have above our ancestors to attain Knowledge ; for admit they were such G●y ants in understanding , yet we poore dwarfes being upon their shoulders may see further than they : but I say though some doe thus , yet the sons of reason measure by another standard ▪ as knowing that if worth should be prised by antiquity , the rotten would becom of more value than the ripe , to such therefore do I present this Discourse , who judge by reason , not passion , which so often makes the Crow seem white , the Bells to tink as the fools do think : and in confidence Reader that thy ingenuity is such that no byas of interest will wheel thee narrow , and thy capacity able to draw thee from running wide of reason , the only mark men in civil games should bowl at , I have taken the pains to present thee with a map of Englands condition under her Monarchs , wherein thou mayst view how justly Magna Charta is cast in our Governours teeths to beget a belief of their being more tyrannous than our Kings were : admit it be not observed in every tittle now , what are we the worse , when some fresher and more apposite remedy is applyed to heal us ? let us consider that it was constituted under another Government , and so cannot square to the present , and that the makers of it were but men , nay and such as had not that roome to act in as we have , and so could not foresee or at best provide for all that now providence hath wrought amongst us : but I shall not detain thee with a long Preface from the Book , wherein an ingenuous and rationall spirit will discern , that if our present Governours had been bound up to former rules , we could never have attained that estate which now by Gods mercy and their prudence we enjoy , and may so still if our own perversnesse hinder us not . Truly that Fahle in Pliny of certain monstrous people in Africk which had one foot , and that so big , that they covered and shaded with it their whole body , may be a perfect embleme of our Kingly Government , which being at first instituted for a firm basis and prop to the body politick , what by the fatall sloath and stupidity of the people , and the industrious craft , and activity of Monarchs was turned topsie turvie , and had got so between heaven and us , that it wholly deprived us of that free light and happinesse which God and nature held forth unto us ; and thus in stead of a support was become a burden under the weight of which the whole groaned , nay was almost pressed to death ; but thou being a member and sound , canst not but be as sensible of this as I , and for dead slesh and rotten limbs , corrosives , and cuttings are onely proper , it will be weaknesse in me therefore to doubt of the plaudit to the Common wealth , so farewell till we meet in the book . Anglo-Tyrannus , Or the Idea of a Norman MONARCH &c. FAtall and Bloody have Crowns , and Scepters been in generall to all Nations , in particular to this in England , and that not only in regard of the strife between competitours , who in pnrple gore deeply dyed their regall roabs , and by the slaughtered carcasses of their Rivals , and partakers , ascended the Imperiall throne , but in respect of the iterated contests between Prerogative , and Liberty , the Kings aiming at uncontrolable absolutenes , the people claming their Native Freedome . The verity of this assertion we may see deeply imprinted in bloody Characters , throughout the whole series of English history , yea so deeply , that it may even create an envy in us of the Turkish happinesse , and beget a wish after their bondage , who though they go for absolute slaves , yet cannot shew such dire effects of tyranny , as we and our ancestors have felt and groaned under . That policy of State ( impious and inhumane enough ) of destroying the younger Brothers of the Ottoman line , though decried by us and all who write Christians , yet compared with our Monarches politick arts and actings , may seem to have been founded on the advice of their own , and mankinds better genius to prevent the efusion of blood , and deliver millions from the shambles ; there a few males of his own Family fall a victime to their Tyrant , when whole Hecatombs can scarse appease the thirsty ambition of an English pretender ; ther one house suffers , here none escapes , as but to instance in one contest between Henry the sixth and Edward the fourth , wherein was fought ten bloody battles , besides all lesser scirmishes , thousands of Lords , Gentlemen , and Commons slaine , and one halfe of the Nation destroyed , to set up a King to trample upon the other ; for in that quarrell between the Houses of Lancaster and Yorke fell 80998. persons , 2. Kings , 1. Prince , 10. Dukes , 2. Marquesses , 21. Earls , 2. Viscounts ; 27. Lords , 1. Prior , 1. Iudge , 1 ▪ 39. Knights , 441. Esquiers : this hath been the happiness and peace which a successive , and hereditary Monarchy hath afforded England . For our liberty , we can indeed shew many of our Kings large , and good deeds , but few or none of their actions , their hands alwaies having been too hard for their Seals , Parchments , and Charters we purchased of them with the price of Millions , both in Blood , and Treasure , but let us but pass by their promises , and view their performances , and we may set aside Turkie , and term England the slave : and this appears in our Chronicles , where though in the Theorie and System the English Government hath been limited , and bounded by good , and distinguishing lawes , yet in the exercise and practic part of every Kings raign , we shall find it deserve as bad a name as others , who are called most absolute . The Poets fable of Tantalus hath been verified in us , who though we have been set up to the chinne in freedom , and have had liberty bobbing at our lips , yet never could we get a drop to squench our thirsts , or a snap to stay our stomacks , this being added to our sufferings , to want in the midst of seeming abundance , and as the vulgar have it , to starve in a Cooks shop , a trick those Lords we term absolute were never ingenuous enough to torment their slaves with . Were there then no more but this , we might well command those Roman and Turkish Tyrants with a Cede Majoribus , to give place to ours : How much of a punie did thy wish savour dull Caligula , that all Rome had but one neck that thou mightest smite it off at a blow ? How short of art doth thy rage fall unskillfull Sultan with a Bowstring or Scymiter to snach life from an offending slave ? Behold , and blush you who weare the title of Master Tyrants , at the Norman exactnesse , which hath thought it beneath a Princes anger to give sudden death a quick riddance , and not worth the name of slavery unlesse he can make his vassals feel the lingring effects of his Tyranny : it was not enough for us to be slaves unless we knew it , lest otherwise not desiring freedom , we should not have been so sensible of their power ; we must with Erasmus be hung between Heaven , and Hell , that we might see our losse as well as feel it ; but yet this was not enough , something must be added to make their Tyranny most exquisite , for we could not enjoy this condition unlesse we paid soundly for it ; how many Battles have been fought for a piece of Parchment to instruct us but with our miseries ? and how many millions granted to our Kings but to play the Hocus-pocusses and cheat us to our faces . Happy and thrice happy may England call the condition of Turke , Russe , or Moor , who depending only upon their Tyrants wils , know no Law but their Commands , a head now and then paies the shot there , when two and twenty of the chiefest Lords heads must off at once here , besides thousands of Gentlemen and Commons butchered , for but acting according to those Lawes which their King and his predecessors had an hundred times sworn to grant , and maintain inviolable ; as but to instance in the Raign of Edw. 2. omitting the innumerable carcasses of Englands noblest Sonnes , which have bin so often forced to rampire in parchment liberty from the fury of other Tyrant , and as their last wills to deliver a few writen Charters to their sons , who were also to fight , and pay for them as they did , and be as much the better then too as they were : For to sum up all , these our so dear liberties were of no other use than to drein our purses as well as veins , that when Englands generous bloud seemed encreased too to tamely suffer Norman Lords to trample on her upon this pretence it might be let out ; or when her Kings wanted mony , they might by these lures draw subsidies to their fists , and so hang them by till the next occasion ; but I humbly conceive that if our Ancestors had taken that course a Naturall once did , when he was chosen to judg between a Cook , and a Country-man , and as their Kings fed them with a sight of Liberty , supplied them againe with chinking of money , & have executed justice without respect of persons , they had in all probability diverted those plagues , which the crying sins of oppression and murder have brought down from Heaven upon this Nation . But let us descend from Generalls , and view but the Raign of Henry the third , the very Idea of Tyranny , and exact copie after which all other Kings have writ , especially the last , and we shall not only behold the map of our Ancestors miserie , and folly , but also perceive our own happinesse , and Gods mercie in not suffering us to be deluded and baffeled as they were . In the midst of the civill flames kindled between Tyranny and liberty , King Iohn expiring , his sonne Henry the third , a child of nine years of age , by the power of William Marshall Earl of Pembrook , and the consent of most of the Barons , ascends the Throne : and here we may observe the unadvised lenitie of the English Lords , who not considering what was bred in the bone would not easily out in the flesh , so easily accepted of the Sonne , though the Father had plaid the Tyrant , and Traitor to the height , giving the Crown to the Pope ( he would be a slave himself rather than they should not ) trampling upon the people , yea detesting the whole Nation , as his grief because Corne was so cheap when he thought he had wasted al may make out : But Gods time was not come , and he was pleased to set their example to guide posterity from splitting on that Rock , I mean such of them who when they have eyes will make use of them . But to say the truth they were Lords , whom Kings knew so well to cajole , or at worst set so together by the ears , that they could command them into their traps at list ; let but one have that Earldome , the other this Lordship , and their turns were served , others may shift for themselves if they can ; besides it was none of their interest to stub up Tyranny by the roots , for then down had gon their branches too ; for they knew that when that tree was feld , the Rooks nest , must to ground with it ; but we may be silent in this and give experience leave to speak for us . And yet let us but look a litttle further than the gilded , and embroydered superficies , and we shall perceive that these Lordlings estate was but even by so much more free , and happy than the Commons , by how much that King of Cypresses condition was bettered , when his Iron shackles and chains were converted into silver fetters : they enjoyed a little more gaudie servitude , and to speak to the capacity of our Countryman were as the Fore-horses in the teame , which though they weare , the Feather , and have the Bels about their eares , yet must draw themselves as well as those that follow ; nay and if they did seem unwilling to lead , they were sure to be lash'd by the Royall Carters till the bloud came , and have their gay trappings to boot pul'd over their eares : and this the wise and generous of them knew , and often endeavoured to remedy , but were still prevented by the envy and jealousie one of another , which was created and cast in among them by their Kings , as partly will appeare in the following story . Henry being thus Crowned at Glocester , and many great Barons daily resorting to his party ( moved both by the proud carriage of the Frenchmen , and the confession of the Viscount Melun , That Lewis had taken an Oath , and all his Lords , to destroy the English Nobility ) raiseth a great Army , defeateth at Lincolne his enemies , and forceth Lewis to condescend to an accord , depart the Land , and abjure his claim to the Crown , which for two years he had worn over the greatest part of the Land : for Iohn by his tyranny so galled the Peoples neckes , that for ease they were forced to get a new yoke , and elect Lewis , the French Kings sonne , to defend them against his cruelty , such effects wrought the violence of an unruly King , and the desperation of an oppressed people . The agreement on Henrys part was to restore to the Barons , and people all rights and heritages , with the Liberties for which the discord arose between John , and them , to pardon al that had aided Lewis , and set free all Prisoners of Warre , and to doe this he takes his Oath , or for him the Popes Legat , and Protectour . The Protectour dyes , a man of great wisdom and valor , and who had managed affairs to the great settlement of the State : and the King is again Crowned , and Escuage of 2. markes a Knights Fee granted him in Parliament he promising to confirm their Liberties when he came of age . Henry having gotten some of his Fathers old Counsellors about him , begins to play Rex , and obtains a Bull from the Pope , whereby he was adjudged of age sufficient to receive the Government into his own hands ( the power of making & altering times and seasons it seems being then in the Romish Prelats Power ) and now sith He would be of age , in the Parliament at Westminster , the archbish. . of Canterbury and the Lords desire him to confirm according to Covenant their promised Liberties . This was impiously oppugned by some ( as Princes shall ever find mouths to expresse their pleasures ) of his Ministers , who urged it to have been an act of Constraint ; yet at last it was promised to be ratified by the King , and so by that usual shift of prolongation was put off for that time , to the greater vexation of that following ; for this all his Raigne caused the imbroylments , rendred Him odious to the people , and made him a far lesse King by striving to be more than he was , a just reward of violations . But this pause turned the bloud , and shewed how sensible the State was , in the least stoppage of that tender veine : For the Lords began to assemble at Leicester , but the Archbish of Canterbury ( whom the King by fair words sooth'd into a fools paradice ) by menacing excommunication brought them in ; the King also to be even with them , demands a restauration of all those things they had received from his Ancestors , and to terrifie them for the future , falls upon the chief sticklers , taking divers Lordships from them , thus were they forced to sit down with losse of both Lands and Liberties , and such of them whose spirits could not brook the sight of the Coutt abusive proceedings secretly to jogge away into the Countrey . The Royall gamster having dealt so well for himself , yet on the sudden is put to his trumps , yea forced to shuffle , and cut too ; Money is wanting to maintain his Wars in France , and this his ranting Counsellours cannot help him too ; they who were so high in the last Parliament , are fain now to lower their sails , the Lions hide must be patched up with the Foxes skin , he must promise and do any thing for present cash : A Parliament therefore is summoned to Westminster , and of them a relief demanded , but no pennie , without a Pater noster , no money unless their Liberties be confirmed ; and now necessity which makes the Old Wife trot , perswades Henry to be so gracious to himselfe as to comply with them . Thus Magna Charta and Charta de Firesta were confirmed , which though purchased before , and then entred upon and possest by the people , yet have been paid for to some purpose if we consider the sums given since , and to little or none if we sum but up the profit our Landlords let us reap by them . Thus the Petition of Right and other later acts were obtained by us , which being acts of grace were to cease when our King pleased to turn gracelesse , which he never did , nor intended to doe untill the first oppertunity , wherein a small rub called impossibility might be removed out of his way . These Lawes thus obtained ; downe go the forests , and men repossess their habitations , which the Norman Lords had outed them of and bestowed upon Wild Beasts , yet more inoffensive than themselves , for if Cato have any credit , we must believe Kings to be de genere Bestiarum rapacium , no better nor worse than ravenous beasts , and indeed that undeniable Author Doctor Experience hath by arguments not to be disputed against confirmed that wise Romans assertion , indeed the last of Romans who abhorred to outlive the freedom , and honour of his Country . And now if we will believe one Writer , the very Doggs rejoyced , being freed from the customary danger of losing their clawes ; but though the Gentleman is so sanguine now , yet he afterwards becomes as cholerick , and from playing with , turns to play the very Curre , barking and snarling at all those Lords which stood for these Lawes : O the ridiculous power of slavish flattery , working more than a brutish change in low Souls , making a man out of his own mouth judg himfelf lesse deserving of Liberty because less sensible of it than a Dogge that will fawne and wag his taile at him who unchains him , whilst he crouches , and licks his fingers who enslaves and fetters him . But take one observation along : That as the Norman Conqueror first appropriated all old Forests , and dispeopled places to make new ones , and still when any parcell of Liberty was regained , those Forest Tyrannies were diminished ; so now when that Norman yoak is thrown off our necks , Forests and Parks are broken open with it ; a certain signe that tyranny is expired now that its pulse is ceased in the main Arterie . Thus the Historian reports the Grove of Bayes dyed , which was planted by Augustus , when Nero was executed , in whom ceased that proud , and bloody Family . Another Parliament is called , wherein nothing was done by reason of the Kings sicknesse , but only the Legats unreasonable demands denyed , the Pope being become more than quarter-master in England , by the Kings good Fathers means ; in this year also the Londoners were fined 5000 marks , and the Burgesses of Northampton 1200 pounds ( for their former aiding Lewis ) contrary to the Oath and Pardon passed at the agreement , as the Prelates were before , who were made to pay such large sums that the Legat got 12000 marks for his share . A Parliament is summoned at Oxford , where the King declaring himself to be of lawfull age , assumes the power of Government to himself ; this he had done before by the Popes Bull , but it was requisite for his design to grow child again , and the Pope was contented to have his Bull turn Calf to help his Son , whom he knew might make him amends ; and now to shew what metall he was made on , he cancels and disanuls the Charters as granted in his nonage , and so of no validitie . Here we may behold the wretchless impudence of these Royall Creatures , he that had before in the eighth year of his Raign , made himself of age for his own ends , yet now is not ashamed upon the same score to pretend nonage in the ninth year , wherein he confirmed both the Charters : Thus if the King say 8. is more than 9. the people must believe it , for it is treason no doubt to question their Soveraignes words or actions , and Rebellion to chop Logick with him , And now this cancelling having annulled all hopes of a subsidie , He hath a new shift to drain the peoples purses , by making a new Seal , and forcing all which held any thing by the old to renew their Patents , fining at the pleasure of the Chief Iusticiarie , not according to their ability ; It seemes the Old Seal was under age too , and for this he had a Bul , but whether from the Pope , or somebody else , is the question . These perfidious and oppressive courses so incense the people , that the Lords appoint a Randezvouz at Stamford , intending it seems to bait these Buls , & by force to keep them from goring . The King is startled at this news , hearing his Brother the Earl of Cornewall was also joyned to them , and by feare brought to promise a redresse , and so pacifies them at Northampton , and buyes his brother to side with him , with his mothers Dower , and all the Lands in England belonging to the Earl of Britain , and late Earl of Bullogne . These are the uneven paths which necessity forces Tyrants to stagger through , scraching up here , and leaving a piece there , using the Rake with this hand , and the Fork with that ; Peter must be rob'd to pay Paul ; these pilled and polled , to bribe the other : but these shifts will be quickly thredbare , by which , what is got in the Hundred is lost in the Shire . The King having bound himself , by his Procurators at Rome ▪ to the payment of Tenths , it seems the Pope would not do a job of journeywork for nothing , cals a Parliament that the Legat might demand them ; but though the Legat was impudent enough to ask the question , yet the Laity were so modest as to deny him ; the Clergy being over-reachd by Segrave one of the Kings Counsell consented , and found a very hard bargain of it ; for the ravenons Legat exacted them at a set day , and those that miss'd it , were sure to be hit home with an Excommunication . Thus between the Lyon and the Wolf , the Flock went to wrack ; for no doubt but the King had a feeling in the cause , or his Counsell would never have beene so diligent in the businesse ; but all this would not do , he therefore exacts great summes of the Clergy ( whom the Pope could rule and would , it being his turn now ) and the City of London for redemption of their liberties , ( an excellent way to make them free , for they seldom are so of themselves , yet have they given down largely in this Cause , to their Honour be it spoken , and may they be so moderate as not to kick over the palle in the upshot ) and forces the Iews to pay the third of all their moveables to maintain his Warres he then began in France , whither he goes , leaving them to pray , that he might deal more Christianly with them for the future . But his evill gotten goods thrived not , and the King , besides an infinite expence of treasure , having lost divers Nobles and valiant men , without any glory returns home , bringing with him the Earle of Britaigne , and many Poictovins , to suck up what could further be wrung from the poor people of England : and in order to this calls a Parliament , wherein upon pretence and promise of sending supplyes into Spain against the Saracens , he obtains a fifteenth of the Laity , and Clergy ; but the Popes turn it seems was come , who falls a cursing all that had any hand in with-holding Tithes from those multitudes of strangers which he had preferr'd to benefices , and the King makes a strict inquisition after them , & forces them all to runne to Rome for absolution of this horrible sin of resisting his Pastors in the main work of their Ministery , few of them having more English than would serve to demand their tithes but it was enough with the Pope they had that , whose special care was to see the Flock might be fleec'd , for teaching , that might have spoyl'd devotion to Rome , which ignorance is the sirurest Nurse too : a strange way to Heaven that the blindest hit best . Christs servants are the Children of Light ; Sure then his Holinesse must be Vicar to the Prince of Darknesse , whose best Subjects see least . A Parliament also is called at Westminster , which expecting deeds from him , before they would do any thing , and he not being poor enough , nor so shiftlesse as to fall to mending so soon , breaks up with a flat denyall of any money : Hereupon by the advice of the Bishop of Winchester , sith the Parliament was so drie , he fals to squeeze his own Spunges , and amongst the rest his darling Hubert de Burgh Earl of Kent , and his Chief Iusticiarie feels the weight of Kingly kindnesse , which loves a man so long as he is usefull ; but if any advantage shall accrue , it is very Rebellion should affection be so saucy as to plead privilege against Royall profit , and naw kenning of Kingcraft , for Kings to be more nice than wise . O the wretched estate of that man , who to curry favour with a Tyrant , cares not how he acts , nor what he does ! aside he is thrown so soon as his great Master hath served his turn on him , and being down is sure to be trampled on to some purpose by the enraged people , who in the servants misery seek a recompence for the Masters tyranny ; and this hath been told us by a King and Prophet long ago , Put not your trust in Princes , men of high degree area lye . And now the Bishop of Winchester is the Court Minion , but as he tript up the Earl of Kents heels ; so will he be laid on his back shortly , and the same noose he made for others , will catch the Woodcock himselfe ere long ; who was returned from the Holy Wars abroad , to begin it seems wicked discord at Home : for he shewing the king , that Foraigners were the only journey-men to drive on his trade of Tyranny , and fittest instruments to keep the English in slavery , causes him , who for his own ends cared neither whom nor what he made use of , to displace all the chief Counsellors , and Barons of the kingdom , and to bestow all places of concernment , either Military or Civill , on strangers . These strains of so strange and insufferable violences so exasperate the Nobility , that many combine for defence of the publique , and the Earl of Pembroke in all their names tels the King how pernicious and dangerous these courses would prove , whom the Bishop of Winchester insolently answers , That it was lawfull for the K. to call what strangers he would to defend his Crown , and compell his proud & rebellious Subjects to their due obedience , that is , tame slavery ; The Lords netled with this Prelats peremptorinesse , which the King bore him out in , depart with more indignation , vowing to spend their Lives in this cause concerning their liberties so much , hereupon the K. sends for whole Legions of Poictovins , & then summons them to appear in the Parl. called on purpose to intrap them , but they were so wise as to avoid the snare , & so resolute as to send him word , That unles he would mend his manners , by the common Counsel of the kingdom , they would expell both him and his evil Councellors the Land ; But all this avayled them not , for upon their refusall to repair to him at Glocester , the King without the judgment of his Court , or their Peers , causes them to be proclamed Out-Laws , seizes upon all their Lands , which he divides among his Poictovins ( the Panisaries that guarded and boulstered out this Grand Sultan and his Visier Basha Winchester in their tyrannies ) and directs out Writs to attach their Bodie . But now give me leave a little to digresse , and shew how our bloud-hounds have run counter on the same foile , have acted the most of this scene in our dayes . For thus , though our King wanted not so great a stock of strangers to set up with , there being so many base spirited Englishmen , which would be instrumentall in enslaving their Countrey , a thing our noble and generous Ancestors abhorred to do ; yet German horse were to have bin brought over to help to improve the Trade , and lye for factourage of Tyranny in every County . Thus the Earl of Straffora tels the King he had an Army in Ireland , which might be brought over to bring England under the yoak , a Counsel which cost the Giver his Head ; Thus were Swedes , Danes , French , Scots , Irish , and Dutch sent for over , and invited by the King to help him . Thus the Members were illegally proceeded against , the Lords summoned to York , and the Parliament commanded to Oxford , and all that refused handled without mittens , their Estates being conferred on those who would engage for Tyranny , and themselves proclamed Traytors and Rebels , indeed these things considered , it was no marvell God was so often called to witnesse , that Tyranny was not intended , and impiety used to create credulity , God mocked that men might be abused , sith no reason could be given to gain our belief , and make us give our own eyes the lye . The Lords though much weakned by the revolt of some of themselves ( the King having won the Earl of Cornwall , and Winchester with a thousand marks bought the Earls of Chester , and Lincoln to his party ) repair into Wales , at that time very sensible of their oppression and the Earl of Kent , to cry quittance with the K. and make amends for his former faults , breaks prison and joyns with them : hereupon the K. in person marches against them , but he is beaten , and forced to retreat with dishonor to Glocester , his Foraigners also being again sent against them runne the same chance , their Generall and thousands of them being slain on the place , being frustrated therefore in his design of force , the King employes a Fryer to cajole the Earl of Pembroke , General of the Forces raised by the Barons , but all the flatteries , promises , and threats of that crafty instrument , could not shake the constancy of that Noble Lord , who gallantly told him , That he feared no danger , nor would ever yeeld to the Kings will , which was guided by no reason ; that he should give an evill example to relinquish the justice of his Cause , to obey that will which wrought all injustire , whereby it might appeare he loved worldly possessions , more than Right and Honour . Thus the promise of restauration of his former estate , with the addition of great Lands in Herefordshire , nothing prevailed with him , in whose heroik Mind Honour and his Conntryes good were Commanders in chief . No way therefore now being left but that , the King tryes what may be done by Treachery , and takes a truce with them : in the mean while seizing all those great possessions which were left the Earl in Ireland , by his famous Ancestor the Earl Strongbow , that thereby he might draw the Earl over thither ; this design takes effect , and the Earl endeavouring to regain his livelihood lost his life circumvented by treachery . Thus noblest souls are soonest intrapt , who measuring others their own thoughts are the least suspicious ; but his death wrought such effects as caused the King to disown the businesse , and lay the load upon his Counsellors shoulders . In a Parl. at Westminst. the King being plainly told his own the Bishops threatning to proceed by Ecclesiasticall censure both against him , and his Counsellors , and seeing no way to subsist and get his ends but by temporizing , consents to them , calls home the Lords , removes the strangers , and brings his new officers to account ; now the storm fals so violently , that Winchester with his Bastard are forced for shelter to take Sanctuary , untill by large Fines the King was appeased , who to get money was very ready to doe any thing . Escuage is granted toward the marriage of his Sister , whom he bestowed on the Emperour with 30000 marks for a Dowry , besides an Imperiall Crown , and other Ornaments to a great value . The King marries Elianor , Daughter to the Earl of Provence ; a match which beside the distance of the place , was infinitely disadvantagious , having no Dowry , getting a poor kindred , which must needs draw means from this kingdome . A Parliament also is assembled at London , ( which the King would have held in the Tower , but that the Lords refused to come ) in which Sheriffs were removed for corruption , and the new ones sworn to take no bribes : Now the King endeavours to change his officers , and to take the Seale from the Chancellor , the Bishop of Chichester ; who refuses to deliver it which he had by the Common Councell of the kingdom , without assent of the same , and having carryed himself unblamably in his office is much favoured by the people . Also he receives some old cast officers into favour , such was his levity and irresolution , moved with any Engine to doe and undo , and all out of time and order , wherein he ever loses ground ; and goes about by the Popes Authority to revoke his former Grants , which addes to the already conceived displeasure of the people . In another Parliament , or the same adjourned , the King demands relief , and upon promise to confirm the Charters , and not seek to infringe them upon any pretence , as want of the Popes confirmation , &c. a thirtieth part of all moveables is granted yet upon condition that it should be gathered by four Knights in every shire , and laid up in Abbies or Castles , that if the King performed not his promise , it might be returned , that he should leave the Counsell of Aliens and use only that of his Naturall Subjects . Which being done , and to make shew on his part , some old Counsellors suddenly removed , and others chosen , which were sworn to give him good and faithfull advice ( yet I hope he had a Negative voice , and might chuse whither he would hearken unto them and be no King or no ? ) the Parliament concluded , and with it ended all his goodly Promises . For he presently hastens to Dover , receiving a Legat without acquainting the Lords with the cause of his comming , exacts the Subsidie contrary to order , is wholly swayed by the Counsell of his Queens Vncle an Alien , sends for his father in Law to help away with his monie , marries Simon Mountford to his sister the Widdow of William Earl of Pembroke , a professed Nunne , and of a banished Frenchman makes him Earl of Leicester : But the Legat and Earl of Leicester proved better than was expected ( no thanks to the King , who doubtlesse was no Prophet ) the one endeavouring to pacifie , not foment divisions , which before was held a property inseparable from his office ; The other becomming a most earnest assertor of the English Liberties , as the Sequele will manifest . The Lords incensed with these perfidious and tyrannous dealings , Remonstrate against him , and tell him of the profusion of his Treasure , gotten by Exaction from the Subject , and cast away upon strangers , who onely guide him , of the infinite sums he had raised in his time , how there was no Archbishoprick or Bishoprick , except York Lincoln , and Bath , but he had made benefit by their vacancies , besides what fell by Abbyes , Earldoms , Baronies , and other Escheats ; and yet his Treasure which should be the strength of the State was nothing encreased . Lastly , That despising his Subjects Counsels he was so obsequious to the will of the Romans , that he seemed the Popes feudary : the King hearing this harsh note , and perceiving the Londoners and whole people ready to rise against him , first by the Legat attempts to win his Brother , now the head of the Lords party , to side with Him , but failing in this he cals a Parliament , whether the Lords come armed : Whereupon to gain time , the businesse is referred to the order of certain grave personages , Articles drawn , sealed , and publikely set up with the eals of the Legat and divers great men , the King taking his Oath to stand to their determinations : but whilst the businesse was debating , he corrupts his Brother , and the Earl of Lincoln , whereby the Lords are weakned , the businesse is dash'd , and the miseries of the Kingdom continued . Simon Montford is thrown out of favour , and the Seal taken from him , and his brother Geoffrey a Knight Templer , put out of the Counsel , Men much maligned , as evil Counsellors , so inconstant are Tyrants in their favours : they lost their places for refusing to passe a grant of 4 pence upon every sack of wool made by the King to the Earl of Flanders the Queens Vncle , to whom the next year he gave a pension of 300 marks per annum out of the Exchequer : and here by their dejection we may observe , that Officers under bad Princes are not alwayes so bad as men account them , and that when the Master playes the wreaks , the servant bears the burden . But it seems one Gulph sufficed not to swallow up the substance of the Kingdom , and therefore the Pope adds extortion to the Kings exaction , and sends to have 300 Romans preferred to the next vacant benefices in England , which mandate so amazed the Archbishop of Canterbury , that seeing no end of these Concussions of the State , and liberties of the Church , he gives over his Sea , and payes 800 marks to the Pope for his Fine : We need never doubt sure but that they paid well for it who were to have it , when so much was given by him that left it . He demands a tenth also of the Clergy ; who flying to the King for protection against the Popes rapine , were referred to the Legat : yea and the chief of them offered to be delivered up unto him by the King , who joyned with the Pope we may see to aw and punish the Kingdom : and though they in the Councell then called stood out for a while against the Legat , yet at length by the Treason of division , the body of the Councel is entred into , and the Pope prevails in this businesse . Neither was Pope , and King enough , the Queenes kindred must have a share , one of whose Vncles comes into England , is feasted sumptuosly , Knighted , and the Earldom of Richmond with other gifts bestowed on him , and the Arch-Bishoprick of Canterbury conferred on his Son ; but the poor Jews fasted for this , who were forced to pay 20000 marks at two Terms that year . The King being set agogg to be doing in France , by his Father in Law and others , the authors of his first Expedition , summons a Parliament , and moves the matter therein ; but it was generally opposed as a design not feasible and expensive , besides the unlawfulnesse of breaking Truce ; Money also was denyed , though the King came in person most submissively craving their aid , with a letter from the Pope to boot in his hand . Neverthelesse , what by gifts and loans from particular men , by begging and borrowing , he scraped so much together , that he carryed over with him 30 barrels of Stirling Coin , and yet before the end of the year he got Escuage toward his charges , which he lay spending at Bourdeaux to little or no purpose . He sent for Grain & Bacon , & had 10000 quarters of Wheat 5000 of Oates , and as many Bacons shipt away , most of which perished by Ship-wrack , the very Elements seeming discontented , as well as the English Lords at his unworthy carriage in undervaluing their Counsels , and preferring strangers , upon whom he consumed his treasure in such sort , as caused his Brother and most of the English Lords to desert him and come over , the wiser they , for the Earl of Leicester and others which staid behind , ranne behind hand too as wel as the King , by borrowing large sums to defray their expences ; at last He was driven to make a dishonorable Truce with the French King , and return , having not gained so much as 30 emptie barrels were worth . The Stangers having made up their mouths of him abroad , follow him hither also , so greedy were these Harpies after prey , and so easy and ready was he to be made one to them : and now the Countesse of Provence the Queens Mother bringing another doughter with her arrives at Dover , is sumptuously entertained , and sent away richly rewarded ; her daughter being immediately bestowed on the Earle of Cornewall , who it seemes had as good a stomack to forraigne flesh as the King his brother , that he could fall too so soone without sauce ; but the Earle was well beforehand in the world , and so might the better dispence with the want of a portion . Next slips in Martin the Popes collectour , furnished with such ample power of cursing , suspending , excommunicating , pardoning ( having whole droves of blanke Bulls which might be filled up according to occasion ) and all other accoutrements belonging to , and necessary for St. Peters successors trade , which was fishing for money not men , that the former Legats were but fleas if compared with this horseleech , who sucketh so sorely , that the King , what to pacifie the people , and what for fear nothing would be left him , should this cormorant fish on , humblie beseeches the Pope , that Fleece , Skin , Flesh and all might not be torn away , and nothing but the Bones left him for his fees , but he might have had as much kindnes of a Wolfe for a good word , and as soon have kept that hungrie Beast from the folde by a Petition , as his Holinesse , who though he appeare in sheeps cloathing , hath the wolfes conditions , and is onely to be hunted or cudgeled from worrying the flocke . No doubt this tender hearted Vicar had such a care of their soules , that regarding neither his owne , nor their bodies , he endeavoured to begger them if possible , in hopes that being poore they would receive the Gospell ; and in truth next unto Gods goodnes , the Popes wickednes was the meanes of this nations receiving the truth , who by his pride and covetousnesse caused Henry the 8th ( a King as proud as he for his heart , and in more want for his purse ) to kick him out , which was the first step to Reformation of Religion . Yet though the King could obtain no redress of the Pope , he prevails with him to lay on more loads , getting Letters to the Lords Spirituall and Temporall to help him to money in the Parliament now assembled at Westminster , which notwithstanding the Kings personall , and Popes literall entreaties , will grant none untill he give assurance of Reformation , and the due execution of Lawes ; they require also that 4 Peers should be chosen as conservators of the Kingdom , which should be sworn of the Kings Counsell , see justice observed , and the treasure issued out ; That the cheife Iusticiar and Chancellor should be of the four , or chosen by the Parliament , together with two Iustices of the Benches , two Barons of the Exchequer , and one Iustice for the Iewes , that as their function was publike , so might also their Election be : but as the Devill would have it ( sayes one ) the Popes Nuncio spoyls all by demanding money of them towards the Popes Wars against the Emperour , a Son in Law to England , having married one of her Daughters ; thus was not the Pope ashamed to demand money for the King , but to sing the second part to the same tune in the same Parliament , on his own behalf ; an impudency so monstrous , that we might well question it , came it not from that strumpet of Rome ; and seting aside doctrine , by practice we may easily perceive , who is meant in the Revelation by the Whore of Babylon ; but the peremptory demand received an absolute repulse , & the Pope could get nothing , but they granted Escuage , towards marriage of his eldest daughter , to the King , twenty shillings of every Knights fee . The King also upon a light occasion makes a great and expensive preparation against Scotland , and the Earl of Flanders thirsting after his money comes over with a ragged Regiment to help , whose unnecessary presence was nothing acceptable to the Barons , as if the strength of England could not be sufficient without him for that action , which was as suddainly ended as undertaken , by a faire conclusion of peace . The King assembles another Parliament , which would grant Him no more money , though he told them his debts were so great that he could not appear out of his Chamber , for the clamour of those to whom he owed money for his Wine , Wax , and other necessaries of his House , hereupon he falls to other violent courses , and first he picks a quarrell with the Londoners , and makes them pay 15000 marks for receiving a banished man into their City , notwithstanding they produced his pardon under the great Seal , which they were told was purchased when the King was under age : Thus , because the Lyon would have it so , the Asses ears must be horns , well fare the Fox therefore which had the wit not to come to Court . Observe here the happy estate of our Ancestors under Monarchy , who , if they gained but this advantage ( though attended with many inconveniences and mischiefs , incident to all Nations in their Kings minority ) of receiving a few good Grants , and enjoying a pittance of Freedom , once in 4 or 5 ages when their King was too young to play Rex , and there hapned a wise and honest Protector ; yet were sure to pay through the nose for it afterwards with double and treble interest for forbearance . Then employes one Passeleave in a peremptory Commission to enquire of all Lands which had been dis-forested , and either to fine the occupiers at pleasure , or take them from them , and sell the same to others , if they would give more for them , and in this such rigour was shewn , that multitudes were undone , yet Passeleave should have been preferred to the Bishoprick of Chichester for his good service , had not the Bishops opposed the King therein . Thus have we not seen with our own eyes , whole Counties almost to be challenged for Forest , and our selves like to have been forced to purchase our own estates from Charles , to save our habitations from becomming the places of Wilde Beasts ? The Lords also making bold to open the Popes packet to Martin , found therein such vilany , that the Nuncio was forthwith commanded out of the Land , who so basely had behaved himself , that he both needed , and yet could hardly obtain a safe Conduct to preserve him from the violence of the enraged people ; and now the King being incensed also at the Popes oppressions , or at least seeming to be so , sith his cheats were made publike , the Parliament make use of the good mood he was in , and lay before him , how that Italians Revenues in England , amounted to sixtie thousand marks yearly , besides the Popes Exactions , which so moved him that he caused all to be notified , & by Commissioners sent to the Generall Councell at Lions demanding redresse ; which together with Martins usage , so vexed the Pope , that he endeavoured to set the French King upon his back . In the Parliament holden at Westminster , upon the Popes rejecting the Consideration of these grievances , and despising the Kings Messages ( saying , that he began to Frederize ) it was Enacted and Ordained , under great penalty , That no Contribution of money should be given to the Pope by any Subject of England , and the same confirmed in a Parliament at Winchester , and another at London : The King also bustles against the Popes Exactions , in such sort that it gave hope of redress ; but this heat was soon chill'd by the Popes threats , of so irresolute and wavering a nature was the King , Woman-like , giving over what he manfully undertook ; but this may seem to confirm what was hinted before , that what he did was rather out of policy to delude the people ( whose rage was risen so high , that he fear'd to meet it ) than a just sence of their misery , who in all things else which stood with his humour or advantage was more than enough stubborn and stiffe . And now the Pope having given , or rather taken the foile , continues his former rapine , yet fearing if he kicked too hard , he might be thrown out of the Saddle , he seems openly to surcease , and promises never to send any more Legats into England , and underhand effects his will by other Ministers , termed Clerks , who had the same power , though a different title , the former being too eminent for his clandestine transactions , which the King furthers him in all he can , so cordiall was the reconcilement , which shewes it was not effected by fear . And to give them their due , both play'd their parts very dexterously ( if the term may be proper for a sinister practice ) The Pope ranting as high in the Counsel , as the King vapoured in the Parlament , saying , It is fit that we make an end with the Emperour , that we may crush these petty Kings ; for the Dragon once appeased or destroyed , these lesser Snakes will soon be trodden down . But had he thought Henry one in earnest , he would not so soon have received him into his bosome . Peter of Savoy , before made Earl of Richmond , comes over again , ( it may seem the King by his pretended forwardnes against the Pope , had got some money ) bringing with him young wenches out of Provence , which were married to Noblemen , who were the Kings wards , as to the Earls of Lincoln , Kent , &c. and to be sure Peter lost nothing by such bargains , though the Nobility were abused in a barbarous , and tyrannicall manner . Comes again the Countesse of Provence , who lost nothing by the voyage , though she had delivered Provence and sixteen Castles as a dowry with her Daughter , married to Charls the French Kings Brother , unto the French , contrary to equity , ( the Queen of England being the eldest Daughter ) and Covenant too , having promised it to the King , and received for five years 4000 marks annuall pension in consideration of the pact ; so fatally infatuated was this King , that he cared not how he lavished out upon such cheats , what he scrued and wrung from his Subjects . And besides Thomas of Savoy titular Earl of Flanders , who came over with her , three of the Kings half-Brothers are sent for over to be provided of Estates in England , which it seems he intended to divide between his own and his Wives beggarly kindred ; & truly by this Kings actions a man would guesse he thought he had been set up onely to impoverish his Subjects , and enrich Aliens ; and as he , so almost every King plaid their prizes , the only difference being that strangers were not alwayes the objects of their profusenesse ; yet King James imitated him in every circumstance , who gave away so fast unto Scots the English Lands ( and they to relieve their penury fell'd the woods so lustily ) that for ought could be guessed , Trees would have been as thin here as in Scotland , had not the Lords , by money , hyred his jester Green to give a stop to his Carriere ( they themselvs not daring to give check to the Magisteriall Scot in his vanity ) by making a Coat with Trees and Birds on them , and telling him , questioning and wondering at the humor , That if the Woods were fell'd so fast by his Countrey men a little longer , Birds must perch upon Fools Coats , for no Trees would be left them to sit upon : Thus also was the Lord Cobham and Sir Walter Rawleys estates conferr'd on favourites ; and they made Traytors , that Court Hang-bies might be made Lords and Gentlemen ; and to say the truth , in this point , all or most of our Monarchs have so behaved themselves , as if , with the Countrey fellow at Doctors Commons , they thought England was dead detestable , had made them her executioners , and they were come to the Crown to diminish her goods . But to return where we left . Henry was so lavish , and his Guests so unwilling to seem unmannerly , and refuse his kindnesse , that his baggs were now become as empty , as his barrels were before ; A Parliament therefore is summoned at London , and money demanded ; but they put him in minde of his Guests , and besides sharply reprehended Him , For his breach of promise in requiring another aid , having vowed and declared , upon his last supplie , never more to injure the state in that kinde ; for his violent taking up of provisions for diet , wax , silkes , robes , but especially wine , contrary to the will of the owners , whereby Merchants will withdraw their Commodities , and all Trade and Commerce utterly ceases , to the detriment and infamy of this Kingdome ; That his Judges were sent in Circuit under pretence of justice to fleece the people : That Passeleave had wrung from the Borderers on Forests vast sums of money , they wonder therefore he should now demand relief from the impoverished Commons ; They advise him to pull from his favourits , inriched with the Treasure of the Kingdom , to support his prodigality , sith his needlesse expences amounted to above 800000 l. since he began his destructive Raign . ( postquam Regni caepit esse dilapidator ) thus plainly durst our generous Ancestors tell a Tyrant his own to his teeth . Then they reprove Him , For keeping vacant in his hands , Bishopricks , and Abbeys , contrary to the Liberties of the Church , and his Oath taken at his Coronation . Which it seems was judged more than a Ceremony in those dayes , though in ours , the contrary hath so falsly , and impudently been asserted . Lastly , they generally complain , for that the chief Iusticia , Chancellor , Treasurer , &c. were not made by the Common-Councell of the Kingdom , according as they were in the time of his magnificent predecessors , & as as it was fit and expedient ; but such advanced as followed his will , in whatsoever tended to his gaine , and sought promotion not for the good of the Kingdom , but their own profit . Here we may obsetve that it was no new doctrin , which our Parliament in the beginning taught us , but that it was practised , as well as thought fit so to be , by our Ancestors , though the Royall Pen-men in their Declarations boldly and publickly avowed the contrary . With this reprehension the King was netled , as his speech the next Session makes out , for though he promised amendment they would not beleeve him , and therefore prorogued the Parliament till Midsummer , that they might see whether he would be as good as his word . ( We must know Kings were not grown so impudent and daring then , as to dissolve Parliaamens at their own pleasures . ) But he mended like sour Ale in Summer , his heat it seems increasing with the Seasons , and in the next Session , with an Imperious and Magisteriall brow thus expostulates with them , Would you curb the King your Lord at your uncivill pleasure , and impose a servile condition on him ? will you deny unto him what everyone of you as you list may doe ? it is lawfull for every one of you to use what Counsell , and every Master of a Family to prefer to any office in his house whom he pleases , and displace again when he list , and will you rashly deny your Lord the King to do the like ? Whereas servants ought not to judge their Master , and Subjects their Prince , or hold them to their cond●tions . For the Servant is not above his Lord , nor the D●sciple above his Master ; neither should he be your King , but as your Servant , who should so encline to your pleasure . Wherefore know I wil yeild to none of your desires . A brave ranting speech , yet I hope it will not be denyed but they were evill Counsellors , which put this into that Kings mouth , though they have been , who penned the late Kings Declarations , which were so like this speech , as they could not be more , though Charls his Declarations had been spit out of Henries mouth ; in both we may perceive the humour equally proud in the Kings , and jointly mischievous in their Counsellors , the first accounting their Subjects but their slaves , the second making themselves such to curry favor with their Lordly Masters ; for let what palliations or disguizes soever of evill Counsellors be made to cover the shame of evill Princes , wise men know , and it hath alwayes been found by experience , that the Tyranny of the Kings , bears the first , and the slavery of the instruments but the second part , in the causality of the mischiefs , and that these Lions rampant , wil make use of none but Asses couchant , which are most willing , as wel as most able , to bear the load . Thus Henry he heaps his favours upon Strangers most , because they were aptest to serve his turn ; and thus many in our dayes have been preferred and inriched , not because the King loved Laud , Wentworth , Buckingham , D●gby , &c. better than others , but because these were the fittest instruments to drive on the trade of Tyranny . But to the story . Herry would have money , and the Parliament would have a redresse of grievances , which his speech absolutely denyes they should , and so they break up in discontent : but though his stomach was so high , his purse was so low as he was forced to sell his plate , and jewels of the Crown . We see here that the late King had a President for what he did , and a very goodly one too ; but what will not Princes devoted to Tyranny sacrifice , to obtain their lustings ? give , pawn , sell all they can lay their clutches on to carry on their design , which being accursed , and abominable , none will be subservient to , but they will be soundly paid paid for it : and truly these slavish wretches buy their Gold too dear , selling their fame , together with their honesty for a little trash , which commonly is torn from them by the hand of justice , which makes them behold the losse of all they accounted and purchased so dear , before it puts out their eyes by a shamefull death : no marvell therfore Tyrants are so beggarly , being forced to hire their journymen at such high rates . He sends his letters Imperiously deprecatory to aid him with money , which with much grudging they do , to the sum of 20000l . having the Christmas before required New-years gifts of the same Londoners , in hope ( no doubt ) but to get some of his plate and jewels again , which they had bought of him a little before : Also by calling the Nobles and wealthiest persons apart , he scrapes up something ; yet when the Abbot of Borrough denyed him a 100 marks as he required , he told him it was more Charity to give an alms to him , than to a Beggar that went from dore to dore ; to this lownesse had his profufe and tyrannicall courses exposed him . The Iewes also were fleeced by the King again , of whose sufferings we may take a guess , by what one of them protested upon the faith he owed to his law to be true , to wit , that the King had within 7. years space taken from him thirty thousand marks in Silver , besides 200 in Gold given to the Queen . And the Londoners , in requitall of their bounty , forced to shut up their shops , and keep St. Edwards Fair 15 dayes together at Westminster , in a very wet and dirty season , being also fined 1000 marks for beating some of the Kings Servants who came and reviled them , as they were at their sport of running at the Quintan : Thus his very Servants were willing to be beaten , that their Master might get money by it . The Monks of Duresme refusing to preferre his halfe Brother to that Bishoprick , he goes to Winchester to make sure of that by his presence for him : where entring the Chapter-House , he gets into the Chaire , begins a Sermon , and takes this Text , Iustice and Peace have kissed each other ; which he thus handles . To me , and other Kings belongs the rigor of justice ; to you , who are men of quiet , and religion , peace ; and this day I hear you have for your own good been favourable to my request : Justice and Peace hath kissed each other . Once I was offended with you , for withstanding me in the election of your late Bishop , but now I am friends with you for this and will both remember and reward your kindnes . As by a woman came destruction into the world , so by a Woman came the remedy : I to satisfie my Wife , and prefer her Uncle , disquieted , and damnified you : So now to advance my Brother by the Mother , will reconcile my self to you , &c. Thus went he on blasphemously wresting and abusing Scripture : yet could not the Geese beware when the Fox preached , for he gains his desire , and that Chair was more propitious to him , than the Speakers was to CHARLS , into which , in imitation of Henry , he violently thrust himself . At York the marriage of his Daughter with the King of Scots , was solemnized in the height of riot , and lavish expence , to recruit which , the King is forced to find a new shift to get money ; He will needs take the Crosse upon him , and away to the Holy Wars , and to carry out the businesse the more impudently , takes his Oath , laying his right hand on his breast , and after on the Book , to perform the journey ; Which all knew was pretended onely to get Cash : and now his good friend at need the Pope , with a great deal of gravity , ushers on the Imposture , granting him a tenth of both Clergy and Laity for three years ; which had it been collected , would have amounted to six hundred thousand pound : A summe which might have afforded him a large Bribe for a dispensation . A Parliament is called to London about this tenth , which was denyed by all , this put the King in such rage , that he drave all out of his Chamber , as if he had been mad : but comming to himself again , he falls to his old trick of dealing with them apart , and first sends for the Bishop of Ely , who plainly telling him He neither could nor would goe contrary to the whole State , and diswading him from the journey , by the example of the King of France , on whom they might see the punishment of God to be faln for his rapine , made on his peoples substance , &c. drove him into such a passion , that he commanded the Bishop to be thrust out of dores . Being thus disappointed by the Parliament , he fals to his former violent courses , and maintenance of his strangers in all their riots and oppressions , insomuch that it was the generall exclamation , Our Inheritance is given to Aliens , and our houses to strangers : but we shall perceive the oppressions then on foot , if we consider but what was told the King by divers to his face . The Countesse of Arundell being harshly denyed , by the King about a Ward detained from her in regard of a smal parcell of Land held in capite , which drew away all the rest , thus spake , My Lord , why turn you away your face from Iustice , that we can obtein no right in your Court ? you are constituted in the midst betwixt God andus ; but neither govern your selfe , nor us discreetly as you ought ; you shamefully vex both the Church and Nobles of the Kingdom , by all means you can . To which the King floutingly answered , saying , Lady Countesse ; have the Lords made you a Charter , and sent you to be their Prolocutrix ? She replyes , No Sir , They have not made any Charter to me ; but the Charter which your Father and you made , and swore so often to observe , and so often extorted from your Subjects their money for the same , you unworthily transgresse , as a manifest breaker of your faith : where are the Liberties of England so often written , so often granted , so often bought ? I , though a Woman , and with me all your naturall and faithfull people , appeal against you to the Tribunall of that high Iudge above , and Heaven and Earth shall be our witnesse , that you have most unjustly dealt with us , and Lord God of revenge , avenge us . Behold a generous and knowing Lady , it was the sufferings of her Country , not her self ( of which we find no mention ) extorted this true and resolute complaint from her . Vpon the ruines of Henries fame , hath Isabell raised an eternall trophie of her Vertue , which shall stand conspicuous in English History , so long as any memory of England remains . Thus the Master of the Hospitallers tels the King , saying , he would revoke those Charters and Liberties inconsiderately granted by him and his Predecessors , and for it alleging the Popes practice , who many times chashiered his Grants . So long as you observe Iustice you may be a King , & as soon as you violate the same , you shall leave to be a King A Truth more Sacred than his Majesty could be , and not to be violated for the sake of millions of Tyrants . But above all for wonder , is that of the Fryars Minors , who returned a load of Freeze he sent them with this Message , that he ought not to give alms of what he had Rent from the poor . Indeed obedience is better than sacrifice , but had this conscience been used by all the Romish Clergy , their bellies had been leaner , though their souls might have got by it their temporalities lesse , though their spirituality more ; and this act deserves an Euge to these , though it create an Apage , to others , & rises in judgment condemning those great Clergy men , who have been lesse than these Minors in Conscience and Honesty . At last , the King having a mind to have another bout beyond Sea , summons a Parliament at London , and now there is no doubt , but he would be so gracious as to grant them what they could desire . O what a blessed thing is want of money , and how bountifull are Kings when they are quite beggared ? they will pull down Star-chambers , High-Commission courts , Monopolies , suffer Favourites to be called to account for Treasons and vilanies they set them a work to do , when they can do no other , can neither will nor chose ; and will grant trienniall Parliaments , and passe Acts that a Parliament shall sit so long as it will , and which it might have done without their leave , when all the devices and power they can make are not able to hinder it ; well though that proverb says , Necessity hath no law , yet with reverence to it's antiquity , I must contrarily affirm , that had it not been for necessity England had never had good law , made nor kept , neither ever should so long as the Norman yoake was in fashion . This Gaffer Necessity at the first word obtains what all the Lords , Prelats , Parliaments , so long demanded in vain ; Henry so the Parliament will but relieve him , will ratifie and confirm their Liberties , they do it , granting him a tenth of the Clergy for three years , and Escuage three marks of every Knights Fee of the Laity for one year , towards his journey into the Holy Land , indeed Gascoigne ; which how holy soever Henry accounted it , he could never yet bring any reliques out of it , though he had carried many a Crosse into it and he accordingly ratifies those often-confirmed Charters , in the most solemn and ceremoniall manner that the Religion of that time , and the wisdom of the State could then devise to do For the Parliament having so often found by experience , that no civill promise or verball profession , would hold in these Norman Lords , raptur'd by Prerogative , and devoted to perjury to maintain tyranny ; take now a more Ecclesiasticall , and divine way of Obligation , swearing to Excommunicate all who should be found infringers of the Charters . And the King with all the great Nobility , all the Prelats in their Vestments , with burning Candles in their hands , assemble in the great Hall at Westminster to receive that dreadfull sentence ; The King having received a Candle , gives it to a Prelat , saying , it becoms not me being no Preist to hold this , my heart shall be a greater testimony ; and withall lays his hand spred upon his Brest the whole time the sentence was pronounced , which was Authoritate Dei Omnipotentis , &c. which done he causes the Charter of King Iohn his Father to be read likewise openly ; in the end , having thrown away their Candles , which lay smoaking on the ground , they cryed out , So let them which incurre this sentence be extinct , and stinke in Hell ; and the King with a loud voice said , As God me help I will , as I am a Man , a Christian , a Knight , a King Crowned and Annointed , inviolably observe all these things . Never were Lawes ( saith that witty Historian ) amongst men ( except those holy Commandements on the Mount ) established with more Majesty of Ceremony to make them reverend , and respected , than these were ; they wanted but Thunder and Lightning from Heaven , which likewise if prayers could have effected , they would have had , to make the sentence gastly and hideous to the infringers thereof . Yet no sooner was this Parliament dissolved by a sacred and most solemne conclusion , but the King presently studies to infringe all , and with a part of the money he then got , purchasing an absolution of the Pope , returnes to his former oppressive courses , with more violence and hardnesse ; and for ought we know our late King had the like to help him over all those styles , for Master Prynne tells us , there was an English Lieger in Rome , and our own eyes , that there were Nuntio's here at home , to continue a correspondence between the Pope , and his Royall Favorite . Thus what the King does , the Pope undoes for money , so cursed a thirst after Gold was in both : It is no wonder therefore some of Henry's late successors were hying so fast to Rome , who being troubled with the same disease , stood in need of the same Mountebanke : and no doubt but Venus hath obtained Armour of proof of Vulcan for her wandring AEneas , so that the King of Scots is well provided against the Covenants pearcing him to the heart , by the care of his Mother , and art of his holy Father . But to returne to Henry , whom we see the greatest security that could be given , and that under the greatest penalty , an Oath could not hold ; who would therefore suppose that he or any Kings of such metall should ever be believed againe by any who write themselves men ( Creatures in whose composition are many ounces of reason ) when the only Chaine upon earth besides Love to tye the Conciences of men , and humane society together ( which should it not hold , all the frame of Government must fall asunder , and men like Beasts be left to force , that whosoever is the stronger may destroy the other ) hath been so often and suddainly broken by the Norman tyrants , in whom this perjury ran in a bloud almost to a miracle ? or who could think Master Prynne who in print takes notice of their frequent violations , would ever be drawn by corrupt interest to have his Countries Liberties sent to Sea to seek their fortunes in so rotten a Bottome . These Deeds being done , succeeds one so monstrous , that we must almost run half way to Credulity to be able to meet it ; for this perjured Prince was not ashamed to send his Brother over to summon the Estates , and demand of them ( the Wounds yet fresh and bleeding made by his impieties ) another Subsidy , but the Parlament denied him , to the great exasperation of the Tyrant : yet the Earl of Cornwall forced the Iews to pay a great Summ , that he might not return empty handed to his Brother , who staid untill he had consumed all that ever he could get in this Iourney , which with the other two made before , cost him seven and twenty hundred thousand pounds , more than all his Lands there were They to be sold were worth , besides thirty thousand Marks , with Lands , Rents , Wards , Horses , and Iewels , to an inestimable price , thrown away upon his half-brothers . After all this he returns , and the first that felt their good Lord was come again , were the Londoners , and the Iews , who paid soundly for his Welcome . The Londoners presenting him with an hundred pounds were returned without Thanks or Money , for he was not altogether so unmannerly as to deny to receive it , then being perswaded Plate would be better welcome , they send him a fair Vessell , worth two hundred pounds ; this had some Thanks , but yet would not serve the turn . For the Pope having bestowed the Kingdom of Sicil on the Kings younger Son ( which the Earl of Cornwall wisely refused , knowing the Pope was never so liberall of any thing which was his own ) the King to gain this makes all the mony he can get out of his Coffers , and Exchequer , or borrow of his Brother , or scrape from the Iews , or extort by the rapine of his Iustices itinerants , which he gives to the Pope to maintain his Wars against Conrade King of Sicil , ( you see there was a right Owner of what the Pope was so liberal ) and yet all this would not do , for the Pope writes for more , who was loath to be a Niggard of anothers Purse ; upon this Henry sends him Letters Obligatory , signed with his Seal , with Blanks left to put in what Summs he would , or could get of the Merchants of Italy , desiring him to stick upon no interest , all which was so effectually performed , that he was put in Debt no lesser Summ than three hundred thousand Marks , and yet no Sicil was got . Vpon this a Parlament is summoned , and of them money required , which though they promised to grant upon condition he would swear without all cavillation to observe the Charters , and let the Chief Iusticiar , Chancellour and Treasurer be elected by the common Councel of the Realm , would not be hearkned to : for though he cared not a fig for his Oath , yet it seems those Officers might have restrained him from disposing of his Cash at list , and not suffer his Holinesse to have a Penny , whereby he might have wanted his Dispensation , or else the humor of Tyranny was so high , that all his penury was not able to check it for one moment . The King thus being left unprovided , the Bishop of Hereford Agent for the Prelates at Rome , like a trusty Steward findes a shift to help him , for getting certain Authentick Seals from them , upon pretence of dispatching some businesse for them , by Licence of the Pope and King , he sets them to writings of such Summs of Money taken up of Italian Merchants for their Vse , and so makes them pay the Kings scores . He seizes also the Liberties of the City of London , into his hands , upon the pretence of their letting a Prisoner escape , making them fine three thousand Marks to himself , and six hundred to his Brother ; he requires of the Iews ▪ upon pain of hanging , a Tallage of eight thousand Marks ; and thus having fleeced them , he set them to farm to his Brother ; who upon Pawns lent him a huge masse of Money ; then the City Liberties are seized again , but upon payment of four hundred Marks restored . And to add to all , one Ruscand a Legat from the Pope comes and demands the Tenth of England , Scotland , and Ireland , to the use of the King , and Pope , preaching the Crosse against the King of Sicil but the Clergy protesing rather to lose their Lives and Livings than yield thus to the will of the Pope , and King , who they said , were as the Shepherd and the Wolf combined to macerate the Flock ; were ordered to some tune , for the Legat suspended & excommunicated them , and the King if they submitted not in forty days spoiled them of all their Goods as forfeited . All men by Proclamation that could dispend fifteen pound per annum were commanded to come in , and receive the Order of Knighthood , or else pay their Fines , as was before done in the 37. year : and every sheriffe was fined 5 marks for not distreyning on all whom the Proclamation reached ; this trick was shown in our dayes , lest any oppression should scape unexercised . A Parliament was held , wherein the Prelats and Clergy offered him upon condition the Charters might be observed , 52000 marks , but it satisfied him not , for he demanded the Tenths for 3. years , without deduction of expences , and the first fruits for the same time . Another was called to London , wherein upon the Kings pressing Them for releife to pay his depts , He is plainly told , They will not yeeld to pay him any thing , and if unadvisedly he without their consents and counsells bought the Kingdom of Sicill , and had been deceived , he should impute it to his own imbecility , and have been instructed by the provident example of his Brothe● , who absolutely refused it , in regard it lay so far off , so many Nations between , the cavils of the Popes , the infidelity of the People , and the power of the pretenders . They also repeat the Kingdoms grievances , The breach of his promises , and most solemn Oathes : the insolence of his Brethren , and other strangers , against whom by his Order , no Writ was to pass out of the Chancery ; how they abounded all in riches , and himself was so poor that he could not repress the Welsh , who wasted his Countrey , but going against them was forced to return with dishonor . The King seeing his friend Necessity was at his Elbow , humbles himself , tels them , how he had often by evil Counsell been seduced , and promises by his Oath , which he takes on the Tombe of Saint Edw. to reform all these Errors : but the Lords not knowing how to hold this ever-changing Proteus , for security adjourn the Parliament to meet at Oxford , in which time they provided for their own , and the Kingdoms safety . The King in the mean while is put to his shifts , and upon promise of high preferment , gets the Abbot of Westminster to put his and his Covents Seal to a Deed obligatory , as a surety for threehundred marks ; sending by Passeleave this Deed , with his Letters , unto other Monasteries , to invite them to do the like ; but notwithstanding his threats , telling them how all they had came from the benignitie of Kings , ●nd how their Soveraigne was Lord of all they had . They refused to yeeld to any such deed , saying , They acknowledged the King to be Lord of all they had , but so as to defend , not to destroy the same . And now the Parliament meets at Oxford , and in this it is Enacted that the Poictovins and strangers should avoid the Land , with many other profitable Laws for that time . The Charters are confirmed , and the King and Prince sworn to restore the ancient Lawes and Institutions of the Realm , and to observe inviolable the Ordinances of that Parliament . Now the chief Iusticiar , Chancellor , and all other great and publike Officers , are elected by the common and publike Counsell , which power was , as we may see before , usurped by the Norman Tyrants , and worn as an especiall flowr of their Crowns , and fruit of our slavery : for it is manifest to any , unlesse such as will wink , that our English Kings were but as Generals in War , without any other great jurisdiction ; our wise Ancestors knowing such a trust enough for one , and therefore kept the Election of other Great Officers in their own power , untill it was wrested out of their hands by the Norman Tyrants , and that not so much by the Sword , as by craft ; thus though William sirnamed the Bastard had defeated Harold in the field ; yet upon his Coronation he swore to maintain the ancient Laws , Liberties , and Customes of the English Nation , and again renewed his Oath , and granted the same too by Charter , but when he was throughly setled in his seat he perfidiously broke all , imposed the Norman Lawes , and those in the Norman tongue , as a badge of our slavery , and a means to entrap the English , who not understanding them ▪ knew not how to avoid the incurring the penalties ; whereby his Normans mouths up were made with their Estates , & thus his Successors were forced to swear and forswear to maintain themselves in their Kingships . The Poictovins and strangers being banished , presently followes the death and sicknesse of divers Noblemen , who had been poysoned by their practice : and a Steward of the Earl of Glocesters was executed for it , he having received a great sum of VVilliam de Valence the head of the Poictovins to work the feat . And though the Kings Favourites cryed out that he was condemned only upon presumption , yet the evidence will appear very strong , if we consider , that his Lord , and his Lords brother were poysoned , the latter dying , the former lying sick a long while , having his body swell'd , his nails and hair fallen off , and this Steward convinced to have received a great sum of the Poictovin their Enemy , for whom he could make out no service to be ever done , unlesse what was layed to his charge ; besides , a Iew being converced a little after , confessed the poyson was prepared in his house . The Earl of Cornwall ( now King of the Romans ) returns into England , and upon his arrivall takes an Oath to observe inviolably , and obey the Statutes and Ordinances made by the late Parliament at Oxford . A Parliament was summoned at Westminster , wherein were read and confirmed all the Statutes of Oxford , and such pronounced acursed by the Prelats , which should attempt in word or deed to infringe any of the same : Whereupon Escuage is granted to the King , forty shillings of every Knights Fee ; a very considerable sum in those dayes , for there were above forty thousand Knights Fees in England at that time . But the King having an intent to break more Oaths , and knowing that now it would not so easily be done , makes a Voyage over Sea to conclude a peace with France , that he might not be interrupted in the game he ment to play at home , having dispatched Messengers secretly to Rome , for absolution of his Oath , and to Scotland for aydes to be ready upon occasion When he had concluded with the King of France , having made an absolute resignation of the Dutchy of Normandy , the Earldoms of Anjou , Poictou , Tourenne and Main , upon the receipt of 300000 Crowns , and a Grant to enjoy what he had in Guien , Xantongue , &c. doing homage and fealty to the Crown of France , He returns , and comes to London , where he presently fortifies the Tower , caused the Gates of the City to be Warded , and then to pick a quarrel commands the Lords to come to a Parliament to be holden in the Tower , which they refusing , as he knew they would , he takes an Oath of all above 12 years of age in London , to be true to Him and His Heirs , and sets armed men to defend the City Gates , For fear sure the Parliament should have come in , and so spoyled the design , For neither Henry or any of our former Kings were ever so daring as to contest with a Parliament in the field or set up their standards against it , but were alwayes forced to grant its demands , or quietly sit down without having their own turne served , when the Parliament was willing to dissolve . And now Henry being provided for the work , causes the Popes Bull , purchased for absolving himself , and all others sworn to maintain the Statutes of Oxford , to be read publickly at Pauls-Crosse , and makes Proclamation that all should be proceeded against as Enemies to his Crown and Royal dignity , who should disobey the absolution ; and such was the blindnesse and slavery of many in those times , that one Bull begot thousands of Calves in an instant : and yet it seems veal was never the cheaper , for his Son the Prince was forced to rob the Treasury at the New Temple to buy him Provision , every one refusing to lend him or the King a groat , so great credit had their perfidie got them . Many being clapt up in prison who would not be perjured , the Lords , and others whose consciences were more tender both of their Oath and Liberties than to believe the Pope , or trust the King , assemble together in arms for defence of themselves and their liberties , and first they send to the King humbly beseeching him to remember his many Oathes , and promises , but when that would not availe them , they advance towards London , where the King lay in the Tower waiting the gathering of his forces , and the comming over of strangers which he expected ; and now the Bishops ( who as they were seldom in any good , so would be sure to be cheif in every bad action ) make such a stir to prevent bloudshed forsooth ( of which their tendernesse hath alwaies been well enough knowne ) that the controversy must be referred to the French King to decide ; much honour got England , and much liberty was like to get by such an Arbitratour , while she is forced to creep to forraigners , to know whether they will please to let her enjoy liberty or no , after 47 years oppression under Henry , besides what his good Father and Grandsiers had loaded her with . But the Lords being perswaded that their Liberties and Rights depended not upon the will of any one Man refused to stand to the partiall award of the French in the English Tyrants behalfe . Thus concluded this business ( as all others commonly did , which Bishops had a foot in●● with a mischief to the Common-wealth , the King gaining by it not only time for raising , but a seeming justice for his using of Forces to compell the Lords to stand to the sentence , by which their liberties were adjudged from them . No doubt those wise and generous Barons not only disliked , but disdained such an Vmpire , as being sensible of the advantages Henry , of the dishonour their Countrey , and of the discommodity their cause would reap by him ; but that those Fathers in evill under the angelical shape of peace-makers , necessitated them to accept of him , to avoid the obloquy of being Incendiaries , the involvers of their Country in a miserable civill war . Let the English High Priests then , to their eternall infamy , carry a frontlet engraven with Mischeif to England on their foreheads , who were the fatall instruments of enforcing their Country to submit her liberty to a forraigne Tyrants decision , whose corrupt interest lay in adding fewell to the flames , which consumed the Noblest Fabricks , the uprightest and firmest pillars in the English Nation . Yet that Henry might make a little better market for himselfe , he Summons a Parliament at Westminster , where whilst openly nothing but redressing grievances , composing differences , exclaiming against jealousies raised to scandalise the King , good man , as if he intended to leavy War against his people , by factious spirits , proceeds from Henry , he underhand prepares for War , endeavouring to divide the Barons , and strengthen himself by all the plots and clandestine tricks he could ; at last having by sprinkling Court holy-water , and promising fifty pound Lands per annum to such as would desert the Lords party , drawn divers to revolt unto him , he secretly withdraws from Westminster to Windsor , and from thence to Oxford , & so on , traversing the Country , to patch up , and peece together an Army : And here we may see it was no new thing which was acted by his late successor , who in al his actions made it appeare that he was a right chip of the old block . Now pretences of the Barons insolencies against the King , and oppressions of the Subjects , Declarations of his being forced to take up arms for defence of the just Lawes and Liberties of the people , and his own safety , with protestations of his good intentions , and divers other such knacks are every where on the wing , as we have had flying up and down at the tayss of the Royall paper Kites of our times . The Lords being thus left in the lurch , are not wanting in preparing for defence , being unanimously backt by the citizens of London , who have hitherto had the honour of bravely standing for Liberty ; yet first they send to the King , putting him in mind of his oathes and promises , and desiring him to observe the great Charter and Oxford Statutes , but the Drums and Trumpets make such musick in his ears , that Henry will heare no talk of any Law , but what his will and Sword shall give ; and for their good Counsell , returnes them as tokens of his love the title of Rebels , and Traytors , which he as frankly bestows on their persons , as he doth their Lands on his followers . By these course Complements the Lords perceiving which way the game was like to go , leave off putting their confidence in the King , and trust their cause to God and their good Swords ; then choosing the Earls of Leicester and Glocester for their Generalls ( whose hands no manacle of alliance could lock from defending their Countries Liberties , though the first had married the Sister , the second the Neece of the King ) they take the Feild , may Towns are taken by each party , and many skirmishes passe , wherein sometimes the one party , sometimes the other get the better ; at length divers Scotch Lords , and others with great forces being joyned to the King , he marches against Northampton , where he heard Peter Montford was assembling forces for the Barons : the Town was very resolutely defended , untill by the Treachery of some Monks within say some , by the subtilty of the Kings Forces say others , ( who advancing close under the Wall , undermined it , whilst the Captains within parlying with the King on the other side ) a breach was made so large that forty Horse might enter a brest , by which Henry gained it by assault . This Town being taken ran the same fortune Leicester lately did , for Henry drunk with successe , and rage , like a violent Torrent swept all before him , killing , burning , and spoiling where ever his Army came ; but here , so unmanly was the cruelty of the Tyrant , that he would have hanged all the Oxford Schollers ( a band of which were in the Town ) for their valour shewed in the brave resistance of his forces , had not some of his Counsellers perswaded him from so doing , for feare ( the only curb to an ignoble soule ) of exasperating their freinds against him by his cruelty , many of the Schollers being young Gentlemen of good quality . Here by the way we may observe the miserable effects of bad Governours in the Vniversities , by whom such degeneratenesse was wrought in our youth , that none in our times were found more desperate engagers against the cause of Liberty , than young Schollers , who heretofore were the most resolute Champions for it : Let us therefore make no sinister constructions , when we see our Governours diligent in purging the fountaines , if we desire to have the streams run cleere . But Northampton put a period to Henries fortune , for although he caused the Barous to raise their siedge from Rochester , yet in the height of his jollity he was defeated at Lews , such was the wages of Pride and Rage : And thus the Sunne setting at Leicester , went down at Naseby upon Charls , whose successe kept time with his presumption and cruelty . And now Henry is pitched down at Lewes , where the Barons petitioning for their liberties , and desiring Peace , are answered by his proclaming them Rebells and Traitors ▪ and sending his own , his Brothers and Sons Letters of defiance unto them : But this was too hot to hold , for the Lords perceiving what they must trust to , notwithstanding the great numbers of the Enemy , the Banished Poictovins being returned with great forces for his aide , bravely resolve to give him battel , and as gallantly perform their resolutions , for fighting like men for their Liberties , they gain the day , and take Him , his Brother and his Sonne , with many English and Scotch Lords prisoners . This victory was received with such universall joy , that when news came of the Queens having a great Army of strangers ready to set sale for England , such multitudes appeared on Barham Down to resist them , that it could hardly have been thought that so many men were in the Land : and at this appearance of the English the forreiners vanish and are disperst , being terrified to hear the English were so unanimous in the defence of their Country and its freedome ; Oh were we but thus united now within our selves we need never fear the combination of forreiners . But these noble souls being more valiant than wary , more pitifull than just , upon a few feigned shews of amendment , and fawning promises of not entrenching upon their liberties , receive the Snake into their bosomes , which will reward their kindnesse with their ruine assoon as he is able . For in the Parliament assembled at London , the cry of blood and oppression being stopt and smothered up , Henry again is seated on the Throne , upon that poore and Thread-bare satisfaction of himself and his sonne , taking their Oaths to confirm the Charters and Statutes before at Oxford , and those now newly made : sure Mercury was ascendent at Henries nativity , so potent were his starres in deluding those who had been so oft mock'd , and beguil'd before ; when in reason we might suppose his former frequent violations and reiterated perjuries should have taught them what trust was to be given to a Kings oath , in whose eye Tyrranny was so beautifull , that he never dallied to make market both of soul and body , so he might but purchase his desired Paramour . These oaths being past in order to the performance after the royall mode , the Earl of Glocester is tampred with to leave the Barons ; and by the artifice of those masters in the art of Division , who in all times knew how to work upon the covetous , ambitious and envious humours of great men , drawn to desert the cause of liberty : and of this we our selves have had a sad and fatall experience , how many great ones were cajold by Charles at Newcastle , Hol●bie and the Islle of Wight , even to the great danger of our Cause ; nay the very House was not free , as those Tuesday nights votes may , and the Fridayes had informed us with a witnesse had not Providence wrought miraculously for us , for it can be made out by good witnesse that there was a resolution to have dissolved the Parliament , and proclamed the Army Traitors , had they all met . But Gold was too drossie to make Glocesters towring soul stoop , and his free spirit could not be shackled with silver fetters , some other Lure must be used to bring him down : and now Leicester was mounted to so high a pitch in the peoples favour , that Glocesters weaker wings could not reach him , which whilest with an aspiring eye he gazes after , his sight was so dazzled with the others motion us gave check to his pursute of the game . The crafty Prince marking his advantage , so works upon the weaknesse of this young Lord , that by it he effects what he could not do by his own force ; thus Diamonds are cut by their own dust , and the Champion of Englands liberty must be the man can ruine it : accursed be that sorceresse envy , so fatall then to Englands freedome , so mischievous lately to the same , whose menacing power had it not been stopp'd by the new modell , had totally routed the Parliaments whole force , so many Divisions of them being charged through , and through , and needs must that Army become a Chaos , wherein Commanders consist of jarring Principles . Glocester now being come to his fist , away flies Edward to the Lord Mortimer , notwithstanding his assurance given not to depart the Court : that fable of the wise men of Gotams hedging in the cuckow , hits many of our ancestors home , who with oaths and promises went about to keep in their Kings , when one of the Norman brood could flie over such a fence with the very shell upon his head : and as the first part of that storie may be applyed to us , so the second is not altogether insignificant for our Kings , whom we shal alwayes find ( together with such as sing after them ) in one tune , crying out disloyall , dissoyall , as if they could say as well as do nothing else : yet a Christian may conceive such a found should make them tremble , by bringing the sinnes of their fathers and their own iniquities into their remembrance , did they but believe there were a God , who will measure the same measure out unto them which they have meted to others , and will visit the sinnes of the fathers upon the children . Glocester and Edward having done the Prologue , the Tragedy begins , wherein the Scenes were so well laid , that every actor was ready to enter , and each had his part so well by heart , that it is plain they had been long conning their lessons ; for no sooner were these two gone , but the Earles , Warren , Pembroke , with a whole shoale of Poictovins , and other strangers , come to land in Wales , which with the scattered reliques of the battell at Lewes , gathered from all parts , embody in great numbers before the Lords who stood faithfull were aware of them , yet they prepare for them as fast as they can : but their fortune was now in the wane , their pity and credulity had brought them into the snare , and their lives must go for suffering him to escape whom God had delivered into their hands : for to condemne the innocent and absolve the guilty , are equally abominable in the sight of heaven : and our ancestors to their cost have made experience of the truth of the Proverb , Save a thief from the Gallows , and he shall be the first will cut your throat . First the Armies meet at Killingworth , where the Lord Simon Montford sonne to the Earl of Leicester is defeated ; this bad newes meeting Leicester in Wales hastens him to repair the breach made in their fortunes , and he meets the enemy near Evesham , where in a bloody field fighting most valiantly , he loses life and victory both , and with him many more of the most noble English fall a victime to perjured Tyranny , whose rationall and undaunted souls disdaininga Brutish slavery , freely offered up their bodies on the High places of the field , a rich oblation for Englands freedome , which together expired , and lay butchered by them . The losse of this battell was imputed to the cowardice of the Welsh , who in great numbers ranne away in the beginning of the fight , not to the injustice of the cause , of which the people had a sacred opinion : but the truth is , there was an accursed thing , an Achan in Leicesters host , old Henry attended with whole troops of perjuries , matters , and oppressions , against whom incensed heaven was injustice engaged . And now that the world might take notice Tyranny was again in the saddle , cruelty in the height of revenge pranceth through the field ; for the dead body of noble Leicester was most barbarously abused and cut in pieces , the head with the privy members fastened on either side the nose being sent as a Trophy to the Lord Roger Mortimers wife , a present indeed as fitting for a Lady to receive , as it was becoming a Prince , who was Leicesters nephew to send , but the people made a Saint of him whom his enemies by making reliques of , rendred themselves little better than Devils , and the dismembred body gave a fragrant sent , whilest the dismemberers rotted and stank alive , thus after death Leicester leads a triumph over Tyranny , which may instruct us how far a free and generous soul is above its reach . And here notwithstanding the calumnies and reproaches wherewith the Royall party backed with successe , and parasiticall Chronologers then and since have loaded Leicester ; yet we may take a guesse of the worth of that noble Lord by the love of the people , and malice of the Tyrant : the former cannonizing him for a Saint , do what the latter could for his heart : and sure the common people had more than ordinary cause , which could make them practice after an unusuall manner , which was to judge contrary to event : had his pride and his sonnes insolency been such as some would make them ( who endeavour with their shame to make a cloak for their adversaries knaverie ) Henry need never to have been so timerous as he was , who not onely confessed he feared the father more than any storm , but could never be quiet untill he ezpell'd both mother and sonnes the Land , though she was his sister , a Lady of eminent note , both daughter and sister to a King , and they upon delivering up their strengths were seemingly received into favour : thus dreadfull and hatefull to a tyrant are free and generous spirits , which must expect such usuage , when they are within the verge of his power , and such effects of an act of oblivion must our noble Patriots have felt from Charles , had not providence in men been pleased to have put bounds to the paralell , by erecting us a pillar with a ne plus ultra upon it . Let each following line then teach here thankfulnesse to Heaven , wherein we shall read , from what a labyrinth and maze of misery divine mercy hath freed our unworthy selves ; in which our forefathers were miserably imprisoned and devoured : and let us prize the clue which hath led us out among our choicest jewels ; that giving glory to the hand , and honour to the instrument , we may in some measure walk worthy of the mercies we have received . Henry now again where he would be , breaths nothing but bloud , and revenge against all who had stood for liberty , following , and pursuing them with such unheard of fury , that had not some potent favorites interposed , he had burnt the whole City of London : Thus the Metropolis of England had been laid in ashes , which so generously and often hath ventured for Liberty , had not God had a work to doe , wherein London was to be gloriously instrumentall , and so delivered it out of the paw of the Lyon . A Parliament now is summoned to Winchester ( which considering the season , was likely to do the people much good ) and in this all who took part with the Lords are disherited , all the Statutes of Oxford are repealed , the wealthiest Citizens of London cast into prison , the City deprived of it 's Liberties , and all the posts and chains taken away ; These things being put in execution ( for such Acts must be kept ) another Parliament meets at Westminster , wherein the Acts of VVinchester are confirmed ; Thus topsie turvie is the world changed , that Assembly , the onely refuge and Assilum for the people to fly to , & so lately the assertor of their Freedoms is becom the Mint , wherein the Tyrant stamps for current what he lists , and makes the basest metall passe for Gold , backing his lust with pretence of Law : O now I warrant you Henrye's conscience is tender in keeping Acts of Parliament , and it is no lesse than a piaculum to go about to infringe them . Henry in this latter comming to Westminster , to shew his goodnesse and bounty , freely bestows on his Hang-bies sixty Citizens houses , together with their furniture , and all the lands , goods and chattels belonging to their owners ; Yet at length he was pleased to pardon the City upon the payment of twenty thousand marks , and giving Hostages of the best mens Sonnes , to be kept in the Tower at their Parents charges . Businesse thus dispatched at London , away hies Henry to Northampton , where the Popes Legat holding a Synod , curses all those who stood for Liberty : and Henry had been undutifull had he not helped his Holy-Father , who all along had bin so kind to him , he good man was agreed with before , it was all the reason then in the World that the Pope should make his market ; thus the poor slaves were to purchase their fetters double , so costly was slavery unto England ; justly then may such be termed niggards and base , who will grumble now though with a round sum to purchase their Liberty . And now it seems Henry made not his journey for nothing , for the gratefull Pope by his Legat this Synod , grants the tenths of the Church for a year unto him , so bountiful in rewarding one another were these Foxes , with what they lurched from the Geese . Henry passing his time in such pranks as these , at last Glocester finding his turning not to serve his tongue as he expected , takes his time , changes his footing , and assembling an Army seizes on London : this puts the King and Legat so to their trumps , as brought both unto their last stake , making the one pawn the shrines , jewels , and reliques , the other spend the curses and excommunications of the Church most liberally ; but the Legat might have been sent packing with his Sonne at his back in Pontificalibus , had not Henries Golden Gods wrought the miracle , which having thousands of Angels at command , quickly brought in great Armies of Forraigners , by whose aid Glocester was forced to submit , he and all his partakers fining for their offence to Henry , who , no doubt , made them pay for putting him into such a fear , as well as unto such a charge , ( which could be no small sum , were he like some of his late successors in defraying only the charges laid out for guilded clouts ) besides what must be given to set the little Dagons in their places againe , and appease their and their Priests fury : Thus Glocester received the reward of his base deserting Leicester , being forced by his kind Master to find sureties for his good behaviour . And now this Earl being brought under the yoak , Henry turns against those Barons who stood out , and were possest of the Isle of Elie. These he first attempts by the Legat ( his forlorne Hope and reserve too it seems ) who is beaten back with this repulse , That unles the Statutes of Oxford might be observed , and Hostages delivered , that they might peaceably enjoy the Island , untill they should perceive how the King would performe his promises , they were resolved to stand it out , and with the venture of their bodies seek to preserve their Souls , upon which lay most sacred and solemne ties . So great an incouragement was the opinion of their cause , that it made them stand upright and undaunted after all these storms ; and so great a distrust had Henries perfidie created , that his subjects durst not let him come within their swords point , without Hostage given to keep him to his word ; and indeed this Tyrants gaine by their violations , that none dare believe them but will rather fight it out to the last , as expecting revengefull and treacherous usage from them . This Answer to the Legat so netled Henry , that he could not choose but wince ; and well it might , for his galled conscience could not endure the mention of keeping an Oath , which was a tacit exprobration of him , no more than his tyrannicall humour could of the Oxford Articles , which carried in them a sound of Liberty , a thing he supposed he had by the sword ript out of English breasts . And no doubt but it must be thought great incivility in these Barons to dare to believe their eyes before royall perjuries , and great saucinesse in them , to make , or pretend to make more conscience of Oathes then their King ; for what was this other than to endeavour to appear more religious , more honest , more true , and more just than their sacred Soveraigne ? Away with such precise , and puritannicall fellowes ; there can never be a good world so long as such are suffered to goe unpunished ; into the High Commission Court with these Sectaries , that the Legat may hamper them ; bring these seditious fellowes before the King , and the Honorable privy Councell , that they may receive the reward of their presumptuous questioning the legality of obeying King and Cardinall , right or wrong ; nay , what is more , they are not contented to be slaves as others are , let them be tryed for Traitours and Rebells , for they have taken up Arms against the King , and talke of defending their Liberties by the Sword ; Thus rang the peale among the flattering Courtiers , and the like verdict hath been past upon us by the Royall jury men , who in all things have followed these their foremen . Here we may perceive then through the veile of pretended Protestantisme , and Conscience , the rrue rise of the Royalists assertions , for the Parasiticall Papist hath done the like , to whom the reformed Religion was unknown or abhorred , flattery being the motive , not Conscience , the desire to cologue with a Tyrant , not the fear of displeasing God . And upon these worthy considerations Henry and his faction decree ruine to these Barons , and the fate of Liberty was unable to resist their vowes ; for Prine Edward with a great Army quickly forces them out of their strengths in that Isle whose courage was greater than their force , and their resolutions more numerous than their party ; thus were the last glimmerings of Freedom extinguished , and the whole Land envolved in darknesse , the English being left to grope in a blind obedience after the will of their Tyrannicall Master . Henry by treacherie having thus triumphed over liberty , He convenes a Parliament at Marlborough , where in a flourish he confirms the great Charter , either on purpose to make their teeth water , or to quiet the grumblings on foot against his Tyranny , by this act of grace , which was likely to be kept now the Bugbears of prerogative , those resolute Lords and Gentlemen were destroyed . Now twentieths , & fifteenths , or what ever he would demand are readily granted , and glad he would be so contented , and all things go as well as Henry can wish , who promises to be a good Lord to them , so long as they shall continue humble vassals , contented slaves unto him ; no mumbling or talking must be of Oxford Acts , which it was high treason but to think on , so wise the world was now grown over those former mad Parliaments . And thus after he had at least twenty times confirmed , and as often violated those just decrees , notwithstanding all the solemnities , both civill , morall , and ecclesiasticall , used in the acts of ratification , and after all the hard strivings , and wrastlings between tyranny , and liberty , with such bad successe to the people , whose foolish credulity and sinfull pitty undid them , in the seven and fiftyeth yeare of his raign Henry and Magna Charta slept together , his Sonne Edward succeeding him in his Tyranny , to which he was Heire , as to the Crowne ; for he made an higher improvement of his royalty , and got the domination of this State in so high and eminent manner , that ( as one saith ) he seemed to be the first Conquerout after the Conquerour , his little finger was heaviour than his Fathers loynes , laying insupportable taxes on both Clergy and Laity even unto the halfe of their Estates , the Barons and people not daring to quitch , or move for removall of grievances , untill at last needing a vast Summe to maintaine his Wars , he Summoned a Parliament , wherein he was pleased to confirme the Charters to stop their mouthes and open their purses , and this he often did when his occasions urged him to it , which like all other royall promisers he performed by leasure ; Never was Royalty more Majestick , and glorious than in this Kings Raign , and the people lesse able to oppose ; but I shall conclude his Character with what DANIEL saith of him , he was more for the greatnesse of the Kingdom than the quiet of it ; for having been nurst up ▪ in slaughter , he as it were thirsted after bloud , so that never any King before or since ( except our last Charls ) shed , and caused so much to be spilt in the age following within this Isle of Britaine . But all that we shall observe from his Raigne is this , that as it was said of the Emperour Frederick He was a good Emperour , but a bad Man , so the most warlike , politick , and temperate Princes have been the greatest Tyrants and oppressors of the people , the vicious and debauched by their lewd lives and unmartiall natures , giving the people more advantage and better opportunity to regain and revive the claim of their liberties , which the other by oraft , force , and a kind of respect created by their morality kept them from : needs then must that trust of powr be dangerous to the Nation which lighting upon the most able person proves most destructive to the peoples just and native freedome . Thus having briefly represented the most signall and materiall passages throughout this tedious and long reigne of Henry the third , in this short Discourse , where as in a perspective the Reader may not onely descry actions farre distant in time , and near hand , as done in our dayes , but also take an exact view of the whole mannagement of affairs under the Norman Monarchie , together with the real ground and rise of all those former , and these latter contestations between the Kings and people of this Nation , upon the score of Prerogative , and liberty . I shall forbear to swell into a volumne by raising unnecessary observations , which I shall leave ( as I have done the paralell , where it was plain to every eye ) to be spun out by each Readers fancie , being assured that the most shuttleheaded adorer of our Monarchy must blush in affirming that a fine piece , which it appears hath been wrought of such course threds and will onely in short set before you those Tyrannicall , abusive , and delusive practises by which our ancestors have been bobbed , of their Freedome ; and the Norman Tyranny founded and continued over them . William the Norman sirnamed the Bastard , taking the opportunity of the Divisions among the English , invades the Land , and overthrows Harolds , weakned much in a fight with the invading Norwegians , where though he got the victory , he lost the bodies of many , and the hearts of most of his Souldiers by his partiall dividing of the Spoil . Harold slain , and William victorious he is received , and crowned King by consent of the English , upon taking his oath to maintain the ancient Lawes and liberties of the Nation . And now being as the thought settled in the Throne , he begins to play Rex , in English the Tyrant , spoiling the English of their estates , which they were forced to purchase again of him , who neverthelesse reteined a propriety in them , and would have all held of himself as Landlord : thus came in the slavish Tenures , and the English , amongst whom were no bondmen before , both Nobility and Commons , were made subject to the intollerable servitude of the Norman . The English thus exasperated take up arms to regain their liberty , and that so unanimously ; under the conduct of Edgar Etheling , then tearmed Englands Darling , and Edwin and Morchar Earls of Mercia and Northumberland , that the tyrant not daring to fight them , assayes to pacifie them by large promises of addressing their grievances , and restoring their liberties , and by the help of some Clergy men he so prevails , that meeting at Berkhamsted an accord is made , William taking his personall oath upon the Reliques of the Church of Saint Alhans , and the holy Evangelists , from thenceforth to observe inviolably the ancient Lawes , especially those of Saint Edward , whom the Norman wickednesse had sainted among the people , so transcendent was tyranny already grown . The English deceived by these specious shews lay down their arms , and repair to their homes , and now William having obtained his end , takes his advantage , and sets upon them disperst , and never dreaming of any assault , imprisoning , killing , banishing all he could lay hands on , and forcing the rest to fly into Scotland , overthrowing their ancient Lawes , and introducing others in a strange language , appropriating the old Forests , and making new ones , by depopulating the Countrey , and pulling down Churches , Abbies , and Houses for thirty miles together , and yet prohibiting the people the liberty of hunting upon great penalties , the ancicient priviledge and delight of the English : thus by treachery and perjury cheating the English of their liberties , whom by force he could not bring under his yoke , he laid the foundation upon which his Successours have erected the stately trophies of Tyranny amongst us . But the English being of a generous and free nature were so impatient of the yoke , that upon all opportunities they did endeavour to break it ; whereupon our Kings were forced still to make use of other props to uphold their tottering edifice , which perjury alone was too rotten to sustain , and by the Pope , Prelates , and Lords , working upon the credulous , superstitious , and unstable vulgar , did even to admiration shore up their Babel to the confusion of liberty . 1. The Pope was the chief Hobgob in in those dark times , that scared the people out of their wits ; for through the superstitious ignorance of men , he had usurped the power of God ; this Iugler with the counterfeit thunder of his Excommunications , and curses , which his Bulls upon all occasions bellowed forth against the assertors of Liberty , and with the pretended omnipotency of his dispensations with the oathes of the Tyrant , so amazed the people , that he not onely domineered himself , but , like the Lord Paramount , for great Fines let the Land out , to be harrowed , and the inhabitants to be handled like villains and slaves to his Royall and well beloved sonnes ( indeed he was a dear father to most of them ) our immediate Landlords . 2. The proud Prelates , the Imps of that great Diabolo of Rome , were many of them strangers , and all of them the Creatures of the Popes , and Kings ( who would choose none , but such as were fit for their designs , by their good wills , and with their ill wills could out any that should thwart them ) and so either regarded not our sufferings , or were bound to augment them to please their Patrons , as well as to pamper themselves , who being Diocesan Monarchs were no foes to Arbitrary power that themselves might tyrannize ad libitum over their Sees . And no doubt but Kings were so crafty as to perswade them No King , no Bishop , heretofore , to heighten their zeal to the Royall cause , as Prelats of late have stiffened them with No Bishop , no King , in obstinacy for Prelacy ; yet these later have been Prophets against their wils , at their fall , who in their jollity had little or no will to be Preachers , and were so effectuall in their doctrine , that they confirmed their calling to be jure divino , though Scripture was never so clear against it , in the Royall conscience , to whom a Crown and Scepter must appear most sacred . And now the Father , and Sonnes , the Pope and Prelates profit requiring it , what could there be imagined , but that it must be stamp'd with a divine right ? alas it was easie with them to take sacred from an Oath , and confer it upon the perjured Violater ; they had their holy oyle sent from Heaven by an Angel to Thomas Becket that Metropolitan Saint , and Martyr of Canterbury , with which Kings were anointed , and divers other holy devices to make them sacred , not to be touched by prophane Civill Lawes , or questioned by any but men in holy orders ; who being ghostly Fathers , might lash , curse , depose , and devote to the Knife , Sword , &c. ( notwithstanding Sacred , and Majesty , and holy Vnction , and all the rest ) Emperours , or Kings , if stubborn , or encroaching upon the usurpations of Holy Church . For you may observe that clause in the Coronation Oath to maintaine the rights and privileges of Holy Church , to be indispensahle in former times as well as these latter , wherein conscience was onely made of preserving Episcopacy : Thus one part of the Oath was not to be violated upon pain of the highest censures ; all the rest but a mere formality , and we poor Lay-slaves not to question our Kings doings , but in a blind and brutish obedience perform all their commands , just or unjust , good or wicked , our Clergy Impostures making the Pulpits ring with to obey is better than sacrifice , for Rebellion is as the sinne of VVitchcraft , &c. Sacred writ being wrack'd to torment us , and the Scriptures perverted to subvert our Liberties , and notwithstanding the Cheat was so palpable , the peoples understandings were lost in the Fogge , which these Gipsy Magicians raised by their Charmes . Behold then the reason of Episcopacies being so sacred and divine in the judgment of Kings , who were so devoted to Tyranny that they ventured all to maintain it . 3. The Nobility were made the Whifflers to make roome for the Monarchicall Masquers : and although many of these were so generous , that they disdained to be slaves , and so potent and valiant , that they regained their fredoms , and brought the Tyrants on their knees , yet so ambitious and envious were the most of them , that they were easily divided and made to ruine one another , every one chosing rather to be a slave to a Tyrant , than be equall'd by his fellow , and gaping for advancement over the rest by his obsequiousness to his great master , thus by envy and Court preferment ; being bewitch'd , they still undid what they had well done , and made the peoples taking up of arms for Liberty the step to their own preferment , betraying them to curry favour with their oppressor . Thus were the people still betrayed by their Leaders , and so disabled and disheartned for the future to claim their rights by the present losse and expence of bloud and treasure : and those who faithfully stood by them severely prosecuted and murdered ; when the Tyrants though vanquished , still escaped upon swearing a little amendment , and were set up again to take revenge upon the peoples , and to reward and preferre their own partakers . Thus were good patriots dishearnted and deprest , whilst that the Imps of Tyranny were emboldened , and set aloft to the utter ruine of Englands Freedom . Lastly , when it was apparent that the noble and free spirits of the English could never be so deprest but that still they would up again , and so might at last , in spite of all opposers break the yoke , with the noise of Parliaments and Charters , Kings often stilled the Peoples cries , when indeed the former were so stuffed with a King , Lords , and Prelats , that the peoples Representatives sate for little more than cyphers to make up thousands and ten thousands , when the others pleased to set the figure before them : and the latter were of little or no use to the People , who received no benefit by them , but stood Kings in great stead , helping them to Millions , when all other shifts fayled to get money . And now these things premised , I appeal to the judgment of all rationall creatures , whether it be not so perspicuous that the dimmest eye , on this side blindnesse , not winking our of design must perceive 1. That continuall claim hath been made by the English to their rights and Liberties , so that in point of Law no pretentended succession , continued by force , fraud , and perjury , can be a just plea to barre us of our inheritance , our Native Freedome , which we have now gained possession of , the most high and just judge having given sentence for us upon our appeal , and of his free grace enabled us to enter in despight of those who so long kept possession against our Ancestors . 2. That it would be the highest imprudencie , if not folly and madnesse , in us for the future to trust the most promising and insinuating Princes with our liberties and priviledges , which can be no longer expected to be preserved by them , than they may serve as footwools to advance them in the Throne of absolute Tyranny . 3. That the whole frame of just Government , hath been dissolved by our Norman Lords , who have made their own proud wills the rules , and their own greatnesse and absolutenesse the end of their Government . Sic volo sic jubeo , was Lex terrae , I mean the Law which was onely in practice ; and if this be not tyranny let our Royalists enquire of Lipsius no small Champion of Monarchy , who makes not the grandeur of the Court , but the Good of the Common-wealth the mark that Princes are set up to aim at : neque enim principatus ipse finis est , absit , aut altitudoilla & splendor , sed populi ho●um , it is not the greatnesse and lustre of the Prince , but the good of the people that is the end of Principality , and that eloquent Panegyrist in his Oration in the Romane Senate shews that the Empereall dignity consisted not in sound or shew ; for saith he though we adorned our Emperours with majesty and pomp , yet is there farre more due from them to us the authours and granters of their power , as to take care of the Common-wealth , and setting aside self interest to intend the good of the people , &c. neque enim specie tenus , as nomine fortuna Imperii consideranda est , sunt trabeae & fasces , & stipatio , & fulgur , & quicquid aliud huic dignitati adstruximus , sed longè majora sunt qua vicissim nobis auctoribus , fautoribusque potentiae debent , admittere in animum totius Reipublicae curam , & oblitum quodammodo sui Geniibus vivere , &c. Yet thus to have taught his duty and the peoples soveraigne power had been little lesse than treason with one of our Monarchs , which a Romane Emperour disdained not to hear in the open Senate , though he was accounted a more absolute Lord by farre than one of our Kings , and we were entitled to more liberty than the Romans . But to conclude , so great corruption hath invaded Monarchy in generall ; and so universally is it fallen from its primitive purity , that it is most evident its fate is not farre off , quin ruet sua mole , and will be buried in its own rubbish , for there are Symptomes by which the dissolution of politick bodies may be guess'd at as well as naturall , and too much surfetting will bring both into the dust . And let us omit the tyrannies , murders , and idolatries , and take a view but of the perfidies , and perjuries , the main pieces of King craft , by which Monarchs have carried on their Designs a long while in the world , and we may without a spirit of prophecy foretell what is likely to befall Royall families even by the light of nature , and a common observation of providence , for a very heathen Poet tells us , {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} ; {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} . That though God may for a while deferre his Iudgement against the violator of his oath and promise , yet h●mself , wife and children shall dearly pay for it at last ; an oraculous truth ▪ and confirmed in our eyes , and which may deterre all of us who are on this side sorcery or obduration , from during t● engage against heaven , and oppose the Almighty in the execution of Iustice upon an offending family , by which we shall onely draw down vengeance upon our own heads to the eternall confusion of both souls and bodies , for great is Iehovah , and onely to be feared , and there is none can deliver out of his hand . FINIS . Notes, typically marginal, from the original text Notes for div A96861e-540 3. Yeare 4. Year . 8. Year . IX ▪ Yeare , 10. Year . 11. Year 13. Year . 14. Year . 15. Year . 16. Year . 19 Year 20. Year . 21. Year . 22. Year . 23. Year . 24. Year 29. Year 27. Year . 29. Year . 30. Year . 31. Year 32. Year , 33. Year 35 36. Year . 37. Year . 39. Year . 40. Year 41. Year 42. Year 43. Year 44. Year 45. Year 46. Year 47. Year 49 Year 49. Year . 50. Year . 51. Year . 52. Year A66571 ---- A discourse of monarchy more particularly of the imperial crowns of England, Scotland, and Ireland according to the ancient, common, and statute-laws of the same : with a close from the whole as it relates to the succession of His Royal Highness James Duke of York. Wilson, John, 1626-1696. 1684 Approx. 257 KB of XML-encoded text transcribed from 144 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A66571 Wing W2921 ESTC R27078 09638881 ocm 09638881 43884 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A66571) Transcribed from: (Early English Books Online ; image set 43884) Images scanned from microfilm: (Early English books, 1641-1700 ; 1346:21) A discourse of monarchy more particularly of the imperial crowns of England, Scotland, and Ireland according to the ancient, common, and statute-laws of the same : with a close from the whole as it relates to the succession of His Royal Highness James Duke of York. Wilson, John, 1626-1696. [12], 272 p. Printed by M.C. for Jos. Hindmarsh, London : 1684. "Epistle dedicatory" signed: John Wilson. Reproduction of original in the Union Theological Seminary Library, New York. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng James -- II, -- King of England, 1633-1701. Monarchy. Great Britain -- Kings and rulers -- Succession. 2004-12 TCP Assigned for keying and markup 2005-02 SPi Global Keyed and coded from ProQuest page images 2005-04 Rachel Losh Sampled and proofread 2005-04 Rachel Losh Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion A DISCOURSE OF Monarchy , More particularly , of the IMPERIAL CROWNS OF England , Scotland , and Ireland , According to the Ancient , Common , and Statute-Laws of the same . With a Close from the whole , As it relates to the Succession of his ROYAL HIGHNESS , JAMES Duke of York . DEUT. 4.32 . Interroga de diebus antiquis qui fuerunt ante te , ex die quo creavit Dominus hominem super terram , &c. LONDON : Printed by M. C. for Jos. Hindmarsh , Bookseller to his Royal Highness , at the Black Bull in Cornhil , 1684. To the most Honorable JAMES Duke of ORMOND , &c. Lord Lieutenant of Ireland . May it please your Grace , IT was a saying of the late Earl of Ossory ( Lord Deputy of Ireland ( your Son ) at what time he deliver'd up the Sword of that Kingdom to the Lord Lieutenant Berkeley ) Action is the life of Government : Common experience tells us , Usefulness , is the end of Action , and without which ( like a Glass-eye to a Body ) a man rather takes up a room , than becomes any way serviceable . The sense of this , put me on those thoughts , I herewith present your Grace , and unto whom more fitly , than to a Person , in the defence of which , few men sate longer at Helm , or suffer'd more ; You , that hung not up your Shield of Faith , in the Temple of Despair , and never seem'd more worthy of the great place you now fill , than when farthest from it . Nor am I in the so doing , without some prospect of advantage to my self ; in as much , as if the censuring Age , shall handle me roughly on this account , under your great Patronage , I shall fight in the Shade . And now ( my Lord ) I was just breaking off , when it came into my head , that I had , in some of our late pieces , found Sir Edward Coke , often quoted , especially , to the defence of those Notions , which had better slept in their forgotten Embers ; and therefore I thought it not altogether forein to the matter , that I us'd the words of S. Peter ( 2 Pet. 3.16 . ) touching S. Paul's Epistles , In which ( saith he ) are some things , hard to be understood , which they that be unlearned , and unstable wrest , as also they do the other Scriptures , to their own destruction : I have purposely made use of him in many places , as an high Assertor of Monarchy , and Prerogative ; Those that find him otherwise , — Habeant secum , serventque — Or let him lie indifferent , my Argument depends not singly on him : which I humbly took leave to advert , and am , May it please your Grace , Your most Obedient , Obliged , humble Servant , John Wilson . THE CONTENTS . Sect. I. THat Monarchy , or the Supreme Dominion of one person , was primarily intended by God , when he created the World. That it is founded in nature . As consonant to the Divine Government . And of Divine Institution . Acknowledg'd by Heathens , as well as Christians . 1 Sect. II. That Adam held it by Divine right . Cain a Monarch . By the Kingdoms of the most ancient Gentiles , not God's , but Monarchs were denoted . That the origiginal of Power came not from the People , by way of Pact , or Contract . The unreasonableness and ill consequence of the contrary . Noah and his Sons , Kings . A Family , an exemplary Monarchy , in which the Pater-familias had power of life , and death , by the right of Primogeniture : Examples of the exercise of it in Judah , Abraham , Jephthah , Brutus . Vpon the increase of Families they still continued under one head . Esau. The four grand Monarchies . Ancients , and Moderns universally receiv'd it , as precedent to all other Governments . 12 Sect. III. That all Governments have a natural tendency to Monarchy . Their several Forms , and Rotations . Of Aristocracy . Democracy . Tyranny , to be rather wisht , than either . Examples , of Athens , and Rome ; the first Consulate . Their Tribunes , several Seditions . Marius , and Sylla . Crassus , Caesar , Pompey . The two latter divide . Caesar complemented to Rome by the Senate . The Triumvirate , their Proscriptions , and breach . No peace , till Monarchy restor'd under Augustus . The sense of those times touching this matter . 34 Sect. IV. That the Kingdom of the Jews , was a Supreme Sovereign Monarchy , in which their Kings had the absolute Power , of Peace , and War , and were Supreme , in Ecclesiasticis . And an Answer to that Objection , That God gave them a King in his wrath . 62 Sect. V. What is here intended by a Supreme Monarchy . The marks of Sovereignty ; as , the Power of making Laws , and exemption from any coactive obedience to them . The Power of Peace , and War , &c. That the Kingdoms of England , &c. are Supreme Imperial Monarchies . Those two marks of Sovereignty , and seven others , prov'd to be no other than what has ever been , the undoubted Right of the Kings of England . The Kings Sovereignty by the Common Law. The like from the Statute Law. Power in Ecclesiasticks . And that they have justly used those Titles of King , and Emperor , and that from ancient times , and before the Conquest . 67 Sect. VI. That the King is none of the Three Estates ; in which , two preliminary Objections are examin'd by Reason ; and answered by the manner of the Three Estates applying to him . What the Three Estates are . To presume him one of them were to make him but a Co-ordinate Power . The King cannot be said to Summon , or Supplicate himself . How will the Three Estates be made out , before the Commons came in ? With a short Series during the Saxons to the latter end of Henry III. in all which time they are not so much as nam'd as any constituent part of a Parliament , And the time when probably they first came in , to be as they are at this day , one of the three Estates . That the Lords Temporal were never doubted but to be an Estate . Four reasons offer'd , that the Lords Spiritual , are one other Estate , distinct from the Lords Temporal , and one Act of Parliament , in point : With other Authorities to prove the Assertion . 181 Sect. VII . Admitting what has been before offer'd , wherein has our present King merited less than any of his Royal Ancestors ? with a short recapitulation of Affairs , as they had been , and were at his Majesties most happy Restauration : and that he wanted not the means of a just Resentment , had he design'd any . 181 Sect. VIII . That notwithstanding the hard Law of the Kingdom , the Jews paid their Kings , an entire Obedience . Two Objections answered . The like , other Nations to their Kings . A third Objection answered . The Precept of Obedience is without restriction ; Examples upon it : Nor is Idolatry any ground to resist ; much less , things indifferent . The example from our Saviour in Instituting his last Supper . Least of all , is injury , with the practice of Holy men of old , in like cases . And that if any ground were to be admitted , that , would never be wanting . 189 Sect. IX . The Arts of the late times in working the People from this Obedience . It was to be done piece-meal . The Kings Necessities , answered with Complaints . Plots discovered ; Fears and Jealousies promoted . Religion cants its part . Leading men , some to make it Law , others , Gospel ; The examples of Corah , &c. The same Game playing over again : Prognostications , &c. The ill consequence of such Impressions . The examples of Cade , Tyler , and others . Holy League in France ; Solemn League and Covenant , at home , &c. New Trains to the old Fuel . Our Saviours advice to his Disciples touching the leven of the Pharisees : What that , and they were , made applicable unto our selves . 210 Sect. X. A Close from the whole by way of Enquiry , Whether an Exclusion of his Royal Highness the Duke of York may be of more advantage or disadvantage . The advantage propos'd ; and whether an Act for security of Religion , may not be as safe , as a Bill of Exclusion . The moral impossibility of introducing the Romish Religion , tho the Prince were of that Persuasion . The reason why the Kingdom follow'd the Reformation under Edw. VI. Qu. Mary . Qu. Elizabeth . That the case cannot be the same at this day . The Crown of England , an ancient Entail ; with the danger of Innovations . Objection , That such things have been done . So has a King been murder'd . More particularly answered , in Edw. IV. Qu. Mary , and Qu. Eliz. all three excluded by Parliament , yet came to the Crown . No man changes , but in hopes of better . The advantages of continuing as we are . It is a bar to Pretenders . The same , as to Competitors . Disorders avoided . No new Family to be provivided for . The indignity of a Repulse avoided . Suppose Scotland , and Ireland be of another Opinion ; the former of which has by Parliament asserted the Right of Succession of that Crown , notwithstanding any Religion , &c. Lastly , all occasions of Jealousie taken away . Objection , answer'd . Disadvantages that have attended the laying by the Right Heir . Examples from old Rome ; and Vsurpations at home . The Revolt from Rehoboam ; our loss of France . With a conclusion from the whole . More particularly , as it relates to his Royal Highness . 236 A DISCOURSE OF MONARCHY , &c. SECTION I. That Monarchy , or the Supreme Dominion of one person , was primarily intended by God , when he created the World. That it is founded in nature . As consonant to the Divine Government . And of Divine Institution . Acknowledg'd by Heathens , as well as Christians . GOvernment is of that absolute necessity ( if not to the being ) at least to the well-being of every thing , that without it , nec domus ulla , nec civitas , &c. nor House , nor City , nor Nation , nor Mankind , nor Nature , nor the world it self could consist ; inasmuch as the stronger would devour the weaker , and the whole run back again to its first Chaos : and therefore , the eternal Wisdom , when he had created the world , and stockt it with living Creatures according to their kinds , as if he had done nothing , while there yet wanted something more excellent to govern it , made man. Sanctius his animal , mentisque capacius altae , Deerat adhuc , & qui dominari in caetera possit ; Natus homo est — A creature not only capable of it , and that he might the better go thro with it , furnish'd out accordingly , Cognati retinebat semina coeli , but primarily design'd to it ; and , however last in act , yet first in projection ; for says the Text , Let us make man , &c. And God created man after his own likeness , &c. and blessed them , and said , Increase and multiply , &c. and have dominion , &c. and over every thing that moveth upon the earth ; by which , what other can there be rationally understood , but the supreme Sovereignty , or Dominion of one : for , if God Almighty had intended otherwise , how easie had it been , when he created our first Parents , to have form'd a multitude , and given them a joynt Commission , to have govern'd one another , or at least bade 'em gone together , and agree among themselves : but he foresaw it would not be , and therefore to avoid confusion , ( the inseparable companion of a multitude ) created but one , and erected an exemplary Monarchy in him . Neither will this less appear , if we consider that the very laws of nature lead us to a Monarchy , Natura commenta est regem , saith Seneca , de Clem. As among all irrational creatures , who having least of reason , are wholly govern'd by sense , we find some one that has a preheminence above the rest of its kind : And thus , Birds have their Eagle ; Beasts their Lion , and among them also every Flock its vir gregis : : the Fish of the Sea their Leviathan : a King over the children of Pride , for so Job calls him : and the shout of a King may be found among Bees , — Rege incolumi , mens omnibus una est ; Amisso , rupere fidem — Nor is it more founded in nature , than consonant to the Divine government of God , and a lively image and representation of him , who as sole Monarch ruleth and guideth all things : Look up to Heaven , and we find an Hierarchy among Angels ; and one Star differ from another in glory ; yet , every of them paying this homage to the Suns sovereignty , that they veil their faces , at his least appearance : Take back again to Earth , and this little world of man , has but one Body , and all the members of this body , but one head , whereon depends the will , motion , and sense ; and the greater world , but one God : He ruleth over the Angels , ( than whom he made Man only inferior ) they over Men , Men over Beasts , the Soul over the Body , Man ( again ) over Woman , and Reason above Affection : by which means , every good , commanding over what is less good by a certain combination of Powers , all things are kept in their order : whereas , were there a duplex Principium , of equal power ( as the Ancients fabled ) the commands must be contrary , and consequently thereby either ruine one another , or at least by their continual jarring , disturb the harmony of the whole : and therefore it is observable , that albeit God , who comprehended the whole system at once , and unblotted nature , thro all her Meanders ; and to every days work ( but that of the second ) said , And behold it was good , yet until he had put to his last finishing hand , i. e. made man , and giv'n him his Commission , of having dominion , It is not said , And God saw all that he had made , and they were very good : and by that Divine Commission have Kings ever since reign'd , there being no power but what is appointed of God , who according to the similitude of his heavenly Kingdom hath given unto them , the Scepters of their earthly Principalities . Nor need we go far for examples , we find it every where ; for such was Abraham taken and acknowledged by the Inhabitants when they call'd him Principem Dei ; and albeit Heaven be the Throne of God , yet we meet with another of his on this Earth , his Foot-stool ; for so we find it express'd , Solomon sate on the Throne of the Lord , as King : And in like manner the Queen of Sheba , God set thee on his Throne , to be King for the Lord thy God : As also David is called his King , and his Anointed , He giveth strength to his King , &c. and again , Hath shewed mercy to his Anointed . To which , if any man shall object , that this was spoken of a good King , a man after his own heart ; I answer , That not only Josiah who also was a good King is called the Anointed of the Lord , but Saul , a King whom God is said to have given in his anger , has this sacred Title attributed to him , in eight places in the first Book of Samuel , and in two other in the second : And the same also , we find God giving to Heathen Emperors , Thus saith the Lord to his Anointed Cyrus ; to Cyrus , whose hand I have holden to subdue Nations before him . And ver . 4. I have surnamed thee tho thou hast not known me : Howbeit tho he knew not his Founder at first , it is not long e're we find him acknowledging him ; Thus saith Cyrus the King , All the Kingdoms of the Earth hath the Lord God of Heaven given me , &c. And he that gave the title of Anointed to Cyrus , gave the stile of his Servant to Nebuchadnezzar ( who yet had sack'd Jerusalem , and led the People thereof into captivity ) when he calls him Nebuchadnezzar , the King of Babylon , my Servant ; which also is but the same , wherewith he so often favours Moses , Joshua and David . Neither is this truth , that Kings derive their power from God , less acknowledg'd by the Heathens , than us Christians , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Kings are from Jupiter , saith Hesiod : and elsewere you find 'em stiled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , born of Jove , and nourish'd by Jove ; whereby God is made their procreant cause , as well as their conservant ; not as deriving their pedigree from Jupiter , but their Kingly honor : And what the Poet ascribes to Jupiter , the Apostle gives to God , For ( saith he ) as certain of your own Poets have said , we are also his off-spring . And what other does the Psalmist's calling them Gods import , than that they receive their Authority from God , whose place they supply , and whose person they represent ? Many also of the most ancient Philosophers acknowledg the Regal Office to be a Divine good , and the King as it were a God among men ; and that God had given him dominion ; as we have it at large in The Power communicated by God to the Prince , and the Obedience required of the Subject ; written by the most Reverend the late Lord Primate of all Ireland . In short , the Psalmist is direct in this point , Thou makest him to have dominion over the works of thy hands : And therefore when S. Peter calls Government an Ordinance of man , it is not that it was invented by men , but as proper to them , and ordained of God , for the good and conservation of human kind , and exercised by men , about the government of human Society . SECTION II. That Adam held it by Divine right . Cain a Monarch . By the Kingdoms of the most ancient Gentiles , not God's , but Monarchs were denoted . That the original of Power came not from the People , by way of Pact , or Contract . The unreasonableness and ill consequence of the contrary . Noah and his Sons , Kings . A Family , an exemplary Monarchy , in which the Pater-familias had power of life , and death , by the right of Primogeniture : Examples of the exercise of it in Judah , Abraham , Jephthah , Brutus . Vpon the increase of Families they still continued under one head . Esau. The four grand Monarchies . Ancients , and Moderns universally receiv'd it , as precedent to all other Governments . THat God Almighty was the first King , will not be deny'd ; and that Adam was the next , appears by his Commission ( as I have shewn before ) a large Commission , and of as large extent , as having made him a mighty King , and universal Monarch , and given him an unqestionable right to his Kingdom , which was , all the inferior world , the Earth , the Sea , and all that therein were ; insomuch that it might not improperly be said of this matter , Jupiter in coelis ; terras , regit unus Adamus : Divisum imperium cum Jove , Adamus habet . And now as all things were created in order , and that the infant world might not sit in darkness , nor their posterity want a light to guide and direct them , what wonder is it , that for the preservation of that order , God erected a Dominion himself , and declar'd his Vicegerent ? Afterward , when the world began to enlarge , and men liv'd so long , that they begat a numerous posterity , Cain with his own Colony went into a strange Land , and built a City , and called the name thereof , after his Sons name , Enoch ; which double act carries the character of a Kingdom in it , and that he was as well the King , as Father of the Inhabitants : neither do the ancientest Gentiles otherwise speak of those elder times , than with a clear supposition of Monarchy . Those Kingdoms of Saturn , Jupiter , Neptune , Pluto , and the like , denoting as much , and that under those names , applied to distinct Kingdoms , not Gods , but the Monarchs of Land and Sea , in the first times were understood . And so Cicero , Certum est , omnes antiquas gentes regibus paruisse . And with him agrees Justin , Principio rerum gentiumque imperium penes Reges erat . But not a word all this while do we hear of the People , or that the original of Government came from them by way of pact or contract ; for if the power of Adam , upon his Children , and his Posterity , and so all mankind whatever depended not on any consent of his Sons , or Posterity , but wholly proceeded from God and nature , then certainly , the Authority of Kings is both natural and immediately Divine , and not of any consent , or allowance of man , and consequently , the people had no more right to chuse their Kings , than to chuse their Fathers . Besides , to examin it a little farther , if this power of paction , or contract , had been in the people , then it must lie in all the people , as an equal , common right , or in some particular part ; if in all of them , they would do well to shew how they came by it ; or if in any more peculiar part , by what Authority were the rest excluded ; it being a Maxim in Law , Quod nostrum est sine facto , vel defectu nostro amitti , vel in alium transferri non potest , Whatever is mine , cannot be lost , or transferr'd unto another , without my own act , or defect . Nor would it be less enquir'd , who were the persons suppos'd to have made the contract ? or whether all , without difference of Sex , Age , or Condition , were admitted to drive the bargain ? and if so , Wives and Children were not sui juris , and consequently could not conclude others , nor themselves for any longer time , than during the disability : Which once remov'd , they were free again : Or if all were admitted , whether it were with an equal right to every one , or with some inequality ? was the Servants interest ( if yet such a thing could be among equals ) equal with the Masters ? and if not , who made the inequality ? or if equal , who could summon the rest ? or when met , regulate , preside , or moderate ? and thus new Atlantis-men , run round the maze , not knowing how to disentangle themselves ; and like men in a mist , lose their way by seeking to find it . Whereas on the other hand , if we should admit the thing , and that Princes had no more right , than what the People shall think fit to entrust them withal , which also , they may enlarge , or restrain at pleasure : Then what follows , but that their Power is precarious , and ambulatory , and subject to be varied , according to the exigency of times , and occasions ; whereas the Jus gladii , i. e. the Sovereign Power belongs to the King , by the ordinance of God , not the donation of the People : for he beareth the Sword as the Minister of God , from whom he receiv'd it , and not as the Minister of the People , who had no right to give it , because they never had it themselves , and consequently , could not bestow it upon another , it being also another maxim in Law , Nemo potest plus juris in alium transferre , quam ipse habet , No man can give another , what he has not himself . And be this sufficient , to have been said , against that humor , That the original of Government came from the People . But to proceed , and omitting those traditional Kings , who are said to have reigned before the Flood , and of whom Xisuthur in whose time the Flood came , is supposed to be no other than Noah himself ; we have great reason to believe , that after the Flood , the sole Government was at first in Noah , and that whatever property in several , or share of Government in any part of the world afterwards , his Sons had , they had it by his sole allotment , and authority , and transmitted the same to their posterity , merely on that account ; those words seeming to import as much , These are the families of the Sons of Noah in their generations , after their Nations ; and by them were the Nations divided in the earth after the flood . And so the Son of Sirach , In the division of the Nations of the earth , he appointed a ruler over every People . Besides , if we examin Families , ( a Family being in nature before a publick Society ) we shall find them no other , than so many exemplary Monarchies , wherein the Paterfamilias , and the first-born after him , exercised all kind of Government Ecclesiastical and Civil ( so Noah curs'd Cham , and bless'd Shem and Japhet ; Abraham cast out Hagar and Ismael ) and had the power of life and death in the Family . Patris , in liberis est regia potestas ; The Father has the authority of a King over his Children : for the better understanding of which , it will be requisite ( e're I go further ) to shew what the Paterfamilias truly was , and give some instances where he us'd this regal Authority . As to the former , Paterfamilias imports no more than Familiae Pater , the Master , or good man of the house , who had the care of the Estate , and ordering the Family ; and so Tully uses it : C. Quintius , suarum rerum , Paterfamilias , & prudens , & attentus : which in English , we would call , a discreet and careful manager of his Estate . And in another place , Bono patrifamilias , colendi , aedificandi , & ratiocinandi , quidam usus , opus est ; had need of some skill in Plowing , Building , and keeping Accounts ; all which as yet , carry no more in it , than a bare care of the Family . And to the second , that this Paterfamilias had the power of life and death , Pater vitae necisque potestatem habebat in filios : A Father has the power of life and death over his Children , saith the same Tully ; not simply , and quatenus Pater , or Paterfamilias , which is the same , but by a regal Authority annex'd to it , by the right of primogeniture , whereby the elder was by the law of Nature , to rule and govern the younger , he being prior in donis , major in imperio : And so Aristotle , Parens , quod & amicus , & natu major est , praeficitur , quae species est regiae potestatis . In which sense , God speaking to Cain of his younger Brother Abel , saith , Sub te erit appetitus ejus , & tu dominaberis illi . Subject to thee shall be his desire , and thou shalt rule over him : which made Jacob so eager in supplanting his elder Brother Esau , of that birth-right ; and Elisha alludes to it , when he pray'd Elijah that a double portion of his spirit might be upon him , i. e. in comparison of the rest of the remaining Prophets , among whom he had obtained the place of an elder Brother , and to whom afterwards he became a Father . The exercise of this regal Authority is found every where ; and because examples give a quicker impression than arguments , take a few for the rest ; by this power , Judah pass'd sentence upon Thamar ; and Abraham shew'd his readiness to Sacrifice his Son Isaac ; which , had he done , and had not withal had a regal Power in himself , which own'd no Superior , less than him , that gave him the command , what justification for him had that command been , among a people , unto whom at that time , the God of Abraham was altogether unknown . In like manner Jephthah , who ( as 't is more than probable ) actually Sacrific'd his Daughter ; for the Text says he did with her according to his Vow , which was , If thou shalt deliver the children of Ammon into my hands , whatsoever cometh forth of my house to meet me , when I return ( holocaustum offeram Domino ) I will offer it up a burnt-offering , &c. and is the same word , which Isaac uses to his Father , Behold the fire and the wood , but where is ( victima Holocausti ) the sacrifice for a burnt-offering ? which is argument enough for me that her Father Sacrific'd her ; And that he did it by virtue of that regal power annex'd to him as Father , and not of any power deriv'd to him from the People , when they made him their Captain , will appear in this , that albeit such an Officer had an absolute , and independent Authority , when once elected , yet he was seldom chosen , but in times of imminent danger , which overpast , he retir'd to a private life again , as did Gideon , after he had deliver'd Israel from the Midianites ; and that 's the reason why we find such chasms and vacancies between the cessation of one Judg , and the election of another : and therefore , that Samuel judged Israel all his days was extraordinary ; and extraordinary examples neither make a rule , nor break one : so that in short , their Judges were the same in effect with the Roman Dictator some Centuries after , who was neither Sovereign Prince , nor Magistrate , but simply commissionated , on some sudden occasion for the making of War , suppressing Sedition , or the like , which ended , he was no more than a Subject himself . Neither can that of Brutus the first Consul , his beheading his two Sons , be taken to be done by him as Consul , but as having the regal power of life and death , within his Family : for , besides that the Consuls were as yet in their Biggens , they never at any time afterward had any regal power , nor could they either make Laws , Peace , or War , or so much as whip a Citizen ( but in time of War ) without leave of the People , whose Subjects and Servants they were , and might be imprison'd by the least of the Tribunes of the People ; as was Philippus the Consul , by Drusus the Tribune , for that he interrupted him as he was speaking to the people : from all which I infer , that Families ( who as I said ) were before publick Societies , were under the absolute obedience of one , who had a regal power in him , and ruled as King over them : Howbeit in after times , when Fathers began to abuse that Authority , it was thought fit to abridg them of it , and place it in the hands of the more publick Father , the King ; a Kingdom being no other than a great Family , wherein the King hath a paternal power . But to proceed ; as the world increased , so did these Families ; and being now extrafamiliated , became a part of the Common-wealth , and for want of room at home , swarm'd abroad into larger Families and Septs , but under the obedience still of one common head thereof : so Esau is called the Father of Edom , and the Dukes descended from him , were heads of Families , and Esau their chief . Hi Duces Edom habitantes in terra imperii sui , ipse Esau est pater : And we read , that Abraham when he pursued the four Kings in the relief of his Brothers Son , and Ally , Lot , set out 318 ( expeditos vernaculos ) light harnessed men at Arms , born in his own house : Yet hitherto , these may be rather called Reguli , than Reges , as being Princes of a narrow Territory , and much of the same , with the Kings we read of in the same Chapter , or the 31 Kings that were vanquish'd by Joshua . But when in process of time Kings began to encroach upon their Neighbors , and that whatever it were they had already only shew'd them , how much more was wanting , then also were their Kingdoms enlarged . And the first of this kind we read of was Nimrod , whom Bodin calls a Lordly Monarch , and the Scripture a mighty Hunter , not only in that he was a great King , or as he has it , an oppressor ; but rather , and the more probable , that he was the first that usurp'd on his Neighbors rights , to enlarge his own Dominions ; that path which he first discovered , his Son Ninus further laid open with his Sword , and left it to his Heirs , who held it , for above a thousand years ; from them , the same Sword translated it to the Medes and Persians , and from them , to Alexander by the same way ; and continued by by the same right , among his Successors , till being crumbled by them into lesser morsels , ( yet still Monarchs ) it became the fitter for the Roman Swallow , and at last an Empire again , under Octavius Caesar ; that unwieldy lump of the Roman Republick , being but a concretion of heterogeneal parts , which ( like the toes of Iron , and Clay in Nebuchadnezzar's Image ) might stick together for a while , but never incorporate : but of this , more at large in proper place . Nor were these four transcendent Monarchies the only instances of Monarchy , inasmuch as it hath gone out into all Lands ; and there is neither Speech nor Language , where it has not been heard among ' em . The Seythians , Aethiopians , Indians , Aegyptians , Armenians , Bactrians , &c. Nations famous in their Ages , were all govern'd by Monarchs ; and the Jews when they demanded a King over them , that they also might be like all the Nations , what other did they imply , but that all other Nations ( for ought at least they had heard ) were govern'd by Kings : The Cappadocians vanquisht by the Romans , had lost their King , and being persuaded by them to take a popular State , refus'd it , as declaring they could not live without a King. In short , where we meet the most ancient Kingdoms mentioned , we hear not ( so much as a Rat behind the Hangings ) the least word of Aristocracy , and as little of Democracy : That all Greece was anciently under Kings , was never doubted , and till long after Homer's time , Aristocracy was never dreamt of : And when the Roman Democracy began , is but to ask the next School-boy , when the Tarquins ended ; and therefore he that shall say of either of them , that ( in comparison ) they were more than of yesterday , may have it also said of himself , he knows nothing . But what need I run so far back , when there are so many examples before us , even at our own doors ; And therefore to pass the Polonians , Danes , Moscovites , Tartars , Turks , Abissines , Moors , &c. yea , and the salvage People discover'd by the Spaniard , and our selves in the Indies , where all of them , as guided thereto , by the dictates of nature , liv'd under a Monarchy : The English , Scots , French , Spaniard , Irish , ( the first and last only excepted during the 12 years Fever of a Rebellion ) never knew other Government than that of Kings ; and therefore if we shall follow the advice of the Prophet , State super vias antiquas & videte quaenam sit via recta , & vera , & ambulate in ea , Stand upon the old paths , and consider which is the right and true way , and walk in it : Custom and usage claims that reverence from us , as that we give Monarchy the precedency of all other Governments , not only in respect of its antiquity , beyond any other State , but as most universally receiv'd throughout the world , and consequently , allow that of Aristotle ( otherwise no great friend to Monarchy ) Necesse est eam quae à prima maximeque divina cecidit , esse deterrimam . In short , the Schools may dispute it , but time hath try'd it : Other States may have curious frames but they are soon out of order ; But Monarchy like a work of nature is well compos'd both to grow and continue . SECTION III. That all Governments have a natural tendency to Monarchy . Their several Forms , and Rotations , of Aristocracy . Democracy . Tyranny , to be rather wisht , than either . Examples , of Athens , and Rome ; the first Consulate . Their Tribunes , several Seditions . Marius , and Sylla . Crassus , Caesar , Pompey . The two latter divide . Caesar complemented to Rome by the Senate . The Triumvirate , their Proscriptions , and breach . No peace , till Monarchy restor'd under Augustus . The sense of those times touching this matter . I Have in the former Sections endeavoured , and I hope satisfi'd my unbyass'd Reader , that Monarchy is of Divine Institution , and has been the most anciently receiv'd and exercis'd Government throughout the world , even from the first of time : I come now to shew , that all other notions of Government , of what kind soever , have a natural tendency to Monarchy , and like massie bodies , retain a trepidation , and wavering , till they fix , and settle on the same centre , whence they were first moved : Nor can this be more readily effected , than by examining them apart , by which means , and comparing one with another , we shall be the less apt to mistake . The common receiv'd forms of Government , have been three , viz. Monarchy , Aristocracy , and Democracy . If the Sovereignty be in one only Prince , 't is a Monarchy : If all the people be interessed therein , as in one Body , 't is a Democracy , Republick , or Popular State : If but some part of the People , whether excelling in Virtue , Wisdom , Riches , Nobility , &c. have the Sovereign Command , as in one Body , and so give Laws to the rest , 't is an Aristocracy , Optimacy , or Government of the better for t . Now because , as says Aristotle , Degenerat regia potestas in Tyrannidem , Aristocratia , in Oligarchiam , Respublica , in Democratiam , Monarchy degenerates into Tyranny ; Aristocracy into Oligarchy ; a Common-wealth into Democracy : which yet Machiavel takes for the same ; and therefore says , Democracy degenerates into Anarchy , and that ( of course ) runs into Monarchy ; it being but natural , that when the Populace have toil'd , and moil'd , and even giddied themselves in the wild Circle , that they even sit down , and rest themselves where they first sate out : And here it will not be amiss , to examin that sphere of Government , which himself and others of that humor , have made to themselves : viz. That in the beginning of the world , men liv'd at large , as other Creatures ; but when they began to multiply , they began also to come nearer together , and then , whether it were that the people ( as they would have it ) chose the strongest , or that he took it by force , came Monarchy into the world : but afterward , when by frequent Injuries , and Rapines on each other , men began to consider how they might keep what they had , safely , how unjustly soever they had gotten it , then came in Laws ; and from them , property ; and then , not the strongest , but the wisest had it ; and in memory of the Father's virtue , his Son continu'd it , and from thence , came hereditary Monarchy : but his Posterity , forgetting that patrum virtus , and living ( perhaps ) as if they thought the only character of a Prince , was to exceed others in Rapine and Luxury , they fell by degrees , into the peoples hatred , and that made the Prince afraid of them ; and that fear ( which creates an object , where it cannot really find it ) increasing , he began to study a revenge , oppressing some , disobliging others , until at last it insensibly altered into Tyranny : And from thence came conspiracies ; not of the poorer , but the better sort , whose spirits not brooking it , they buzz'd notions into the peoples heads , and finding them pleas'd , laid hold of the opportunity , and heading the Multitude , both took Arms together , and thence came Rebellion ; and having conquer'd that Government , the Mobile vulgus ( as Virgil calls 'em ) ever desirous of a change , in hopes of battering their condition , and fond of any thing , but what they were last , submitted to those that rais'd 'em , and help'd 'em to conquer ; whereupon , superinducing new Laws , they alter'd the Government , and thence came Aristocracy : but , as man being in honor abideth not , they , and such as follow'd them , least minding the specious advantages they propos'd to the people , e're they got them to rebel , and not contented with a civil equality , but blinded by ambition , and taking upon them , by excluding some of the best by degrees , to grasp the Power into the hands of a few , and those , the least worthy , the Government was again changed , and from an Aristocracy , brought to an Oligarchy ; so that the Multitude weary of both , and ready for another change , resolv'd to restore neither , and concluded on a Popular State wherein every man taking upon himself to have an equal right in the Government , it insensibly lost it self in the Mare mortuum of Anarchy , and upon the whole matter , finding that in all this rotation , they had rather lighted on some new Physician , than any remedy for the Disease , they return'd to Monarchy , and after all turns of the Compass , came about and setled in the same point again . And thus , Pigmalion like , men form an image to themselves , and then fall in love with 't : and tho the question be yet to be granted , that the Sovereign Power was ever in the people , yet it is sufficient to prove my Argument , That all Governments have a natural tendency to Monarchy , and the reasons are obvious . For , if we consider Aristocracy , besides that it will be hard to determin who are the most virtuous , wisest , richest , and most noble , or what shall be the true number of the Commanders , by reason of the multiplicity of the pretenders ( for the more generous they are the more factious will they grow , their consultations be the more difficult , and sooner discover'd ) how will it be avoided , but that ( as in Corporations ) the greatest part , i. e. most voices , will over-rule the sounder , and the better ; and the more men there be , the less effects will there be of virtue , and wisdom , when the best men shall be always vanquish'd in number , by the vicious , and the resolutions of the lesser , but sounder part , overwhelm'd with the gaggles of the Factious , and Ambitious : They are also in a continual distrust of one another , and fear of the people , whom for that reason , they dare neither train to Arms , nor trust Weapons in their hands : so that in effect , they have a kind of Wolf by the ears , hold him in , then endanger biting ; let him go , then are torn in pieces . So then if the Tyranny of one be pernicious , that of many must be much worse , yet neither so dangerous , as that of a multitude , where no one commands , and no one obeys , and to ask counsel of whom ( as in times of old they did ) what other were it than to seek wisdom of a mad man ? with whom , on all occasions , instead of argument , — Faces & saxa volant , furor arma ministrat . Whereas in difficulties they stagger to and fro , and are in dangers , confounded : and therefore , one would think , when the Poet describ'd the Chaos of old , that he carried somewhat more under it , and meant the common people , — Rudis indigestaque moles ; Nec quicquam nisi pondus iners ; congestaque eodem Non bene junctarum discordia semina rerum ; Obstabatque aliis , aliud — Besides which , the end of all good Government is to flourish in virtue , justice , valor , honor , &c. but the end of a Popular State , is to banish all of them , as may be seen in Athens , and Rome ; that by advancing the most unworthy men to Offices , and Dignities , they may make room for themselves ; or at least ( as Marius and Pompey bought ) get money for their Voices ; in which case , who can blame him for selling by retail , what he bought in gross ; more than he 'd condemn a Woman , who having abandon'd her honor , makes the best of her Trade : In short , what shall be said , when in most Common-wealths of the Ancients , instead of Majesty , and Justice , we find nothing but licentiousness , and impunity ? and how much it was improv'd for the better , in our late times , among our selves , I appeal to the yet calamitous remembrance of it , when every man did what was best his own eyes , and for the same reason also , There was no King in Israel . And now , who would not rather wish a Tyranny , than an Aristocracy , or Democracy ; for as many wise skilful Pilots , hinder one another , in striving to govern the Helm , so will many men , of what condition , wisdom , or virtue soever they may be , when every one shall seek to govern the Common-wealth , according to the vain images of his own fancy , or abus'd imagination : In short , in the multitude of Counsellors , there is wisdom , but the determinative part ; is better performed by one , who having digested their opinions , will the readier execute that , which the other would scarce resolve on , without contention ; it being the nature of Ambition , rather to see all lost , than admit another , wiser than it self , or hazard the disrepute , of changing its opinion . But to proceed ; and here , not to weary my Reader with the state of Athens , under the thirty Tyrants , or the Lacedemonians under their Ephori , who tho they carried the specious shew of restraining their Kings , were indeed , a scourge , and plague to the people ; I shall only insist on the Romans , whose infancy for about 250 years ( for so Florus reckons it ) was under Kings : And to the same purpose Tacitus , Urbem Roman à Principio , Reges habuere : After this , upon expulsion of the Tarquins , they set up two Consuls , but not satisfied with this also , the people take Arms , and leaving the City , declare they will not return , unless there be appointed some Tribunes of the People , who might bridle the Disorders of the Consuls , and the wealthier sort ; and 't is granted : nor would this yet satisfie ; they must now know , what the Law was , and to that end it must be written in twelve Tables , for the doing of which , the Consuls were laid by , and the Decemviri created , with the Power , quam modo Consules , olim Reges habuissent ; interim , cessare omnes magistratus alios , donec juxta leges creati fuerint ; but they ( as says the same Author ) having made an agreement among themselves , and bound it with an Oath , that no one should oppose another , but what was approv'd by one , should be approv'd by all ; that they would admit no other to be joyn'd to them , but hold an equal Authority among themselves , Maximamque partem rerum pro imperio , multa tyrannice agerent ; the People took Arms again , and wholly destroy'd their power , ( and as saith Florus , laid their persons in chains ) the third year from the time they were first set up ; and thereupon the Consuls were again restor'd . Add to this the several Seditions of Tiberius Gracchus , slain by Scipio Nascica : that other of his Brother Caius , slain by the Consul Opimius : A third of Appuleius Saturninus , suppress'd by Marius , and that other of Livius Drusus , by Philippus the Consul . As also the bloody outrages between Marius , and Cinna , against Sylla , of which last ( not to excuse either of the former ) Plutarch says , that he had slain 100000 men , 90 Senators , 15 of Consular Dignity , and 2000 Gentlemen : And touching Marius , that of Ovid may not improperly be applied , Ausus & è media plebe sedere Deus . Yet all this will be little more than the beginnings of evil , if we consider that Monster of three heads ; for so those times call'd it , viz. Crassus , Caesar , and Pompey : the first was wealthy , even to a Proverb , Crasso divitior ; and yet , still gaping for more : the second was for bringing himself into Estimation and Authority ; and the latter , for keeping what he had already gotten ; all were alike greedy of Power , and therefore no wonder if they so easily agreed for invading the Common-wealth ; Caesar takes upon him Gaul ; Crassus , Asia ; and Pompey , Spain : This ( rope of Sand ) held together for 10 years ; and such I call it ; for Crassus being slain in Parthia , and there wanting a third , to ballance the other two , they quickly broke asunder : Pompey , begins to suspect Caesar's Wealth , and Caesar casts an ill eye on Pompey's new Authority ; Nec hic ferebat parem , nec ille superiorem : Nefas ! Sic de Principatu laborabant , tanquam duos tanta imperii fortuna non caperet . The one brook'd not an Equal , nor the other a Superior : Impossible ! they made such work who should be Chief ; as if the fortune of so great an Empire were too little for two . In short , they made such havock between them , that any one region of the world was too little to contain it ; and therefore it spread thro the whole ; for Pompey having the ill fate of surviving his Dignity , in the loss of his Army at Pharsalia , and to be as treacherously murdered , by his friend Ptolomy , King of Alexandria , to whom he had fled for succor , his Sons took up the quarrel ; of whom , Cnaeus ( the younger ) flying wounded from the Battle of Munda in Spain , was pursued by Caesar , and slain ; from which , Sextus ( the elder ) escaping , and having gotten together 350 Ships , he was ( after the death of Caesar ) overthrown in a Sea-fight near Sicily ; whence flying into Asia , he fell into Anthony's hands , and was there slain : of which Martial , Pompeios juvenes Asia , atque Europa , sed ipsum Terra tegit Libyes ; si tamen ulla tegit : Quid mirum toto si spargitur orbe ? jacere Uno non poterat tanta ruina loco . And now , every thing following the good fortune of Caesar , it was not said to the Senate , And will ye be last to bring the Conqueror home ? No , they prevented it , for besides the bringing his Statues into their Temples , inscribing a month of the year to him , &c. they met their Enemy in the way , and having new studded the word Imperator , welcom'd him in , with the supernumerary Titles , of Pater Patriae , Consul in decennium , Dictator in perpetuum , Sacrosanctus , & Imperator . But ( O the uncertainty of human condition ! ) deprav'd natures are never reconcil'd ; and such , those his Flatterers prov'd to him ; for upon a Conspiracy of Brutus , and Cassius , and other Senators , he was murder'd in the Senate ; they not longer nevertheless surviving it themselves , than in the effects of that Parricide , to have beheld that liberty lost , they had made such bustle to restore . And here again , Rome found the want of a Head ; for Sextus Pompeius having ( as I said before ) set up at Sea , to recover what his Father had lost by Land , and failing in it ; Octavius must be reveng'd of the murderers of Caesar , who had adopted him ; Antony , of them who had declar'd him an enemy ; and Lepidus , ( whose only business , in hopes of Wealth , was to fish in troubled waters ) comes in as fuel to a flame , and joyning with Octavius and Antony , they made a Triumvirate ; and under the common pretences of revenging the murder of Julius Caesar , and setling the Common-wealth , which was much out of order , had chief Power and Authority for five years , which expiring , they refus'd to resign , but held it other five , enacting , or reversing , what laws they pleas'd , and that , without the consent of the Senate , or People ; and having divided one Common-wealth into three Monarchies , viz. Africk , both the Sardinia's , and Sicily to Octavius : All Spain and Gallia Narbonensis , i. e. Languedoc , Daulphine , and Provence , to Lepidus ; and the rest of France of either side the Alps , to Antony ; the defence of Rome , and Italy , is left to Lepidus , while the other two , advance against Brutus and Cassius , who ( by a mistake ) having lost the day , kill themselves : Upon this , the Conquerors return to Rome , and exercising all cruelty whatever , without any regard of person , or condition , they proscribe and banish at pleasure : Lepidus gave up his Brother Lucius Paulus , to gratifie Octavius : Antony , his Uncle L. Caesar , to requite Lepidus : And Octavius , his friend Cicero ( whose advice had given him the Empire ) to appease inexorable Antony , concerning the Philippicks : And now , nothing but slaughter bestrid the Streets , when besides the incredible number of Roman Knights and Citizens kill'd in the broil , there were no less than 130 Senators proscrib'd between them , and of whom those last mentioned , were three . And now one would think all had been at quiet , the Common-wealth ( as I said before ) being divided into three Monarchies , and Antony married to the Sister of Octavius , yet all would not do ; for Antony being gone for Egypt , and Sextus Pompeius overthrown , Octavius makes War on Lepidus , whose softness and irresolution made him submit , with the loss of his share of the Triumvirate ; and thence , to keep a War ( as he had never less than reason to suspect it ) from home , he follows Antony , whose sensuality , and unpursutiveness lost him the sole Empire of the World ; for Octavius having overcome him and Cleopatra , in the Naval Battle of Actium , the Morning and the Evening of the Roman State , made but one day , and the Sovereignty once more coming into one hand , the Temple of Janus was now the third time clos'd : Upon which , applying himself to preserve that peace he had so happily restor'd , he made severe Laws to restrain those evils , a peaceable Age is but too prone to run into ; in due sense of which , it was debated in Senate , An quia condidisset imperium Romulus vocaretur ; sed sanctius & reverentius visum est nomen Augusti . And it may be observ'd , that from the expulsion of the Roman Kings to the Reign of Octavius Augustus ( about 450 years ) there was seldom above 10 years , without some Civil War , or some Sedition ; whereas Augustus kept the Empire in peace for above 50 years , and so it continu'd after his death , till the Pretorian Bands began to chaffer for the Empire , and others , to comply with them , gave an Empire for an Empire . And now e're I close the Argument , it may not be amiss to recollect , what the Historians , and Poets , that speak of those times , thought of it . Neque aliud discordantis reipublicae remedium , quam ut ab uno regeretur , saith Tacitus : Nor is Florus , who wrote not long after him , in any thing short of him . Gratulandum tamen in tanta perturbatione est , quod potissimum ad Octavium Caesarem summa rerum rediit ; qui sapientia sua , atque solertia perculsum undique & perturbatum , ordinavit imperii corpus . Quod ita haud dubie nunquam coire & consentire potuisset , nisi unius praesidis nutu , quasi anima , & mente regeretur . We have this yet in so great a confusion , to be glad at , that the upshot of all came back to Octavius Caesar , rather than another ; who by his Wisdom and Policy , brought the shatter'd , and disorder'd body of the Empire into frame again ; which without dispute had never met , and joyn'd together , had it not been actuated , by one chief Ruler , as with a Soul , and Intelligence . And to the same purpose L. Ampelius , ( who wrote before the division of the Empire ) speaking of the several turns of the state of Rome , and the uncertain condition of the people , Donec exortis bellis civilibus , inter Caesarem , & Pompeium , & oppressa per vim libertate , sub unius Caesaris potestatem redacta sunt omnia , Until those Civil Wars between Caesar and Pompey began , and the publick liberty over-born by violence , all things were reduced under rhe obedience of one Caesar. And what the much ancienter Homer's sense of having many Lords , was , we have every where , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Nec multos regnare bonum ; Rex unicus esto . And the reason of it is clear . Nulla fides regni sociis , omnisque potestas Impatiens consortis erit . — And so another , — Summo nil dulcius unum est Stare loco , sociisque comes discordia regnis . From all which we may gather , That all Governments , of what kind soever , have a natural tendency to Monarchy , and ( like Noah's Dove ) find no rest , till they return to the same station , whence they first departed . It being impossible otherwise , but that ( as Lines from the Center ) the farther they run , the farther they must separate . SECTION IV. That the Kingdom of the Jews , was a Supreme Sovereign Monarchy , in which their Kings had the absolute Power , of Peace , and War , and were Supreme , in Ecclesiasticis . And an Answer to that Objection , That God gave them a King in his wrath . I Have hitherto , according to my method propos'd , discours'd of Monarchy in general ; it remains now that I bring it down to some particulars : I 'll begin with the Kingdom , God erected among the Jews ( his own People ) and shew , That the Monarchy among them , was supreme , and independent : And here we 'l take the case as we find it in Samuel . Samuel was become old , and his Sons not walking in his ways , had distasted the People , who ask of him a King to judg them like all the Nations ; Samuel is displeas'd , but God commands him to hearken to them , howbeit to protest solemnly against them , and shew them the manner of the King , that was to reign over them , which he accordingly does , viz. He will take your sons , and appoint them for himself , for his chariots , and to be his horsemen , and some shall run before his chariots : He will take your fields , and your vineyards , and your oliveyards , even the best of them and give them to his servants , &c. A hard saying no doubt , whether we respect their persons , or their possessions , and yet he calls it Jus Regis qui imperaturus est vobis , thereby also implying , that such was the manner of all other Nations . And when he wrote it in a Book and laid it up before the Lord , he calls it Legem Regni , The Law of the Kingdom ; and yet a King they must have , and had him , adding to that of Samuel , this other , of their own desires , that he might have the absolute power of Peace , and War ; and this appears within the very letter of their demands , viz. That he might judg them , which is the power of Peace , and go out before them , and fight their Battels , which is the power of War. And what Authority he had in matters of the Church may be seen in this , That Solomon of himself thrust out Abiathar ( the High-Priest ) and appointed Zadok in his room . And that even the Horns of the Altar were no Sanctuary against him in case of Treason , may be also seen in Adonijah and Joab ; and yet we cannot so much as gather , that God was offended with him for his so doing , or that his person was the less acceptable to him , by reason of those matters . To which if it be objected , That God gave them a King in his anger : I answer , Moses having foretold the Israelites , that when they came into the Land , they would be asking a King , charges them to set him over them , whom God should choose ; which shews , That a popular Election was utterly forbidden them : yet they , weary of such Judges , as had succeeded Moses , and whom God had raised to rule them as Kings , demand a King , like all the Nations , i. e. of a more absolute power , than those Judges had : and therefore , not staying Gods time , but taking upon them to be their own Carvers , he is said to have given them a King in his wrath , in that they had not rejected Samuel , but himself , who had appointed Samuel . In acknowledgment of which , and as sensible of their error , they ever after accepted their Kings by Succession , unless only , when their Prophets had anointed and ordained another , by Gods special designation : Nor do we find any one in Holy Writ , chosen King by the Children of Israel , but Abimelech the Bastard of Gideon , and Creature of the People , who also came in by Conspiracy and Murder : And ( as it seems probable ) Jeroboam , who made Israel to sin ; for they had sent to him ( at that time , a discontented Fugitive , in Egypt ) and he headed them , in a complaint of Grievances to Rehoboam , which occasion'd the revolt of the ten Tribes ; both which yet , reigned as wickedly , as they entred unjustly , and perish'd miserably . SECTION V. What is here intended by a Supreme Monarchy . The marks of Sovereignty ; as , the Power of making Laws , and exemption from any coactive obedience to them . The Power of Peace , and War , &c. That the Kingdoms of England , &c. are Supreme Imperial Monarchies . Those two marks of Sovereignty , and seven others , prov'd to be no other than what has ever been , the undoubted Right of the Kings of England . The Kings Sovereignty by the Common Law. The like from the Statute Law. Power in Ecclesiasticks . And that they have justly used those Titles of King , and Emperor , and that from ancient times , and before the Conquest . I Have now brought my Discourse whither I first design'd it , and therefore to avoid confusion , which ever attends the being too general , I shall first shew my Reader , what I mean by a Supreme Imperial Monarch , at this day ; and in the next place , prove the Kings of England , &c. are such : And lastly , that however the Emperors of the West and East , have so much striven about that great Title of Emperor , or Basileus , that yet the Kings of England ( as Supreme within their Dominions ) have also and justly from ancient Ages used it , as no less proper to their own independent greatness . As to the first , The Regal Estate and Dignity of a King is of two sorts , The one Imperial and Supreme , as England , France , Spain , &c. who owing no service to the Majesty of another , is his own Master , and hath an absolute Power in himself , no way subject to the controul of another : and of such a one speaks Martial . Qui Rex est , Regem ( Maxime ) non habeat . The other , an Homager , or Feudatary , to another King , as his Superior Lord ; such as that of Navar and Portugal ( of old ) to Castile ; Granada , and Leon , to Aragon ; Lombardy , Sicily , Naples , and Bohemia , to the Empire ; six parts of the Saxon Heptarchy , who acknowledged the seventh , Anglorum Rex primus ; and such was Aella , King of Sussex ; the Kings of Man and others , of whom I shall have occasion to speak hereafter . hereafter . The first of these is what I intend , and will be the better made out , if we cast our eyes a little on the marks of Sovereignty , and then , consider wherein they differ from our own Laws . And amongst others , we find these , 1. The Power of making Laws ; and so what our English Translation calls , Judah my Law-giver , is in the vulgar Latin , Juda Rex meus , Judah my King : This power being one of the principal ends of Regal Authority , and was in Kings , by the Law of Nature , long before Municipal Laws had any Being , the people at that time being govern'd by a natural equity , which by the Law of Nature , all were bound to observe : And so the Poet , — Remo cum fratre , Quirinus Jura dabat populo — The like of King Priam ; — Jura vocatis More dabat populis . — And of Augustus , — Legesque tulit justissimus Auctor . So Cicero speaking of Julius Caesar ( as a Law-giver ) saith thus , Caesar , si ab eo quaereretur quid egisset in Toga , Leges se respondisset multas , & praeclaras tulisse ; Though many yet received Laws , at the will of their Prince ; and thus , Barbaris , pro legibus , semper imperia fuerunt : which word barbarous , at that time , carry'd no disgrace with it , but was apply'd to them , that spoke a strange Language ; And so the Hebrews called the Egyptians ( of all other Nations , the most civiliz'd , and learned ) for that they us'd the Egyptian Tongue , and not the Hebrew , as we have it in the Psalmist , When Israel came out of Egypt , and the house of Jacob ( de gente barbaro ) from a people of strange language . And as they gave Laws to others , so were they loosed from the force of them themselves , i. e. from all coactive Obedience , or Obligation , to any written , or positive Law. Thus M. Antony , when press'd by his Cleopatra , to call Herod in question , answer'd , It was not fitting a King should give an account of what he did in his Government , it being in effect , to be no King at all . And to the same purpose Pliny , Ereptum principi , illud in principatu beatissimum , quod non cogitur . Another mark of Sovereignty is the power of Peace and War , and which , as Bodin says , was never doubted to be in a King. In like manner to create and appoint Magistrates , especially such , as are not under the command of others . The power of the last appeal . To confer Honors . To pardon Offenders . To appoint the Value , Weight , and Stamp of his own Coin , and make Forein Coin currant by Proclamation . To receive Liege Homage of an inferior King. And bear those Titles of Sacred , and Majesty , only proper to Sovereign Princes , apart from all others ; of which you may read at large in Bodin . But I come to the second . That the Kingdoms of England , &c. are a Supreme Imperial Monarchy ; which will the better appear , when by examining those marks of Sovereignty , we find no more in them , than what the Laws of these Realms have ever acknowledg'd , to be the undoubted right of our Kings ; and that , whether we respect the Common Law , Statute Law , or their Power , in Ecclesiasticks . I 'll take my rise from the marks of Sovereignty . 1. The Power of making Laws . The Laws of most Kingdoms ( saith the Lord Bacon ) have been like Buildings of many pieces , patcht up from time to time , according to the occasion , without form or model ; and as to our own , that they are mixt as our Language , of British , Roman , Saxon , Danish , Norman Customs . Edgar the Saxon collected those of his time , and gave them the force of a Fagot bound , which formerly were dispersed . The Danes impos'd upon us their Dane-Law : And the third of that name before the Conquest , Ex immensa Legum congerie quas Britanni , Romani , Angli , Daci condiderunt , optima quaeque selegit , & in unam coegit , quod vocari voluit Legem communem . Some of which bear his name to this day , as Ordain'd by him : After him , William the Conqueror ( whom Polidor Virgil calls our Law-giver ) brought in somewhat of a new Law , as may be seen in this , That tho he made but little or no alteration in the Fundamentals , but formulis juris , he found here , yet , whether it were to honor his own Language , or to shew some mark of Conquest , he set forth his Publick Edicts in the Norman Tongue , and caused our Laws to be written in the same : And likewise , his Justiciaries , Lawyers , and Ministerial Officers , being at that time all Normans , it may be none of the least reasons why all our Pleadings and Entries were in that Tongue , until altered by Statute , That because of the great mischiefs that had hapned to divers by means of the said Laws being written in the French Tongue which they understood not , That therefore all Pleas for the future , should be pleaded in the English Tongue , and enrolled in the Latin , and that we receiv'd our ancient Tenures , from the Normans , is obvious every where . And King John planted the English Laws in Ireland . But to come nearer home , and examin how our present constitutions agree with it ; nor are they other than what has been the Practice of all former Parliaments , wherein , both Houses are so subordinate to the King in the making of Laws , that neither of them singly , nor both of them together , can make any binding Law without the Kings concurrence ; they might in all times ( 't is true ) propose , advise or consent , or , to borrow a Metaphor , Spawn of themselves ; but in the Royal Consent only ( like the male touch ) lay the vis plastica , which gave the Embrion life , and quicken'd it into Laws ; and the reason of it is , because the Legislative Power resideth solely in the King , ut in subjecto proprio , and the consent of the Lords and Commons , is no sharing of that Power ( which is indivisible ) but a requisite condition , to complete the Kings Power : for otherwise , all those Bills that have pass'd both Houses , and for want of the Royal-Assent , lie buried in oblivion , might as occasion serv'd , be rak'd from their forgotten Embers , and set up for Laws . Which also further appears in the several forms of our Kings giving their Royal Assent , as Le Roy voit , Le Roy est Assensus , Le Roy Advisera , &c. and makes good this point , That the Power of making Laws , resides in the King , and that he may , as he sees cause , either refuse or ratifie : And this the Law of Scotland calls , his Majesties best , and most incommunicable Prerogative . And as the Legislative Power resides in the King solely , so also , to him belongs it to interpret those Laws : Si disputatio oriatur , Justiciarii non possunt eam interpretari , sed in dubiis & obscuris Domini Regis erit expectanda interpretatio , & voluntas ; cum ejus sit interpretari cujus est condere ( saith the Lord Ellesmer from Bracton and Britton ) His is the interpretation of the Law , whose is the Power of making the Law. In his recurrendum ad Regem justitiae fontem ; whence he is said to carry all the Laws ( in scrinio pectoris sui ) in his Breast . To give one instance for all , When King Charles the First ( of happy memory ) had just given his Royal Assent , to the Petition of Right , he told the Houses , That his meaning was to confirm all their Liberties , as knowing , that according to their own Protestations , they neither meant , nor could hurt his Prerogative , &c. And on the last day of the Session , before his Royal Assent to the Bills , saying , he would tell them the cause , why he came so suddenly to end that Session , he adds , Tho I must avow that I own an account of my actions to none , but God : And again , charging both Houses , with their Profession , during the hammering that Petition , that it was in no ways to trench upon his Prerogative , saying , they had neither intention nor power to hurt it , he commands them all to take notice , that what he had spoken , was the true meaning of what he had granted , But especially ( adds his Majesty ) you my Lords the Judges , for to you only , under me , belongs the Interpretation of Laws , for none of the Houses of Parliament , joynt , or separate ( what new Doctrin soever may be raised ) have any power , either to make , or declare a Law , without my consent . And as the King is the sole Lawgiver , and Interpreter of that Law when given , so also is he exempt and free from the Law , for as much as concerneth the coactive force of the Law , as being the Head of the Law , and of the Common-wealth , and consequently no man can give Sentence of condemnation against him , if he do any thing against that Law : for besides that every Sentence must be given by a Superior , upon his Inferior : there must be some Supreme , whereunto all are subject , but it self , to none ; because otherwise , the course of Justice would go infinitely in a Circle , every Superior having his Superior , without end , which cannot be : yet admitting it might ; the People cannot do it , for they have no power themselves ; or if they had , are his Subjects : and a Parliament cannot do it ; for besides that they are his Subjects also , and not his Peers , who shall try him ? for he is Principium , Caput , & finis Parliamenti ; and it can neither begin , nor end , without his Presence in Person , or by Representation ; and hence it is , that his Death Dissolves them . Again , if the People may call him to account , the State is plainly Democratical ; if the Peers , it is Aristocratical , if either , or both of them , 't is no way Monarchical , which is directly contrary to the known Laws of the Land , for Omnis sub Rege , & ipse sub nullo , nisi tantum sub Deo ; Every man is in subjection to the King , and he , to none but God ; and so the Oath of Supremacy declares him the onely Supreme Governor of this Realm , of which , more hereafter , when I come to speak of the Statute-Law ; and therefore if the King refuse to do right , seeing no Writ can issue against him , there is a place for Petition , and if that prevail not , Satis ei erit ad poenam ( saith the same Bracton ) quod Dominum habeat ultorem . And with this agreeth that of Horace , Regum timendorum in proprios greges , Reges in ipsos , imperium est Jovis . And in this respect , a Prince is not loosed from the Law , for as much as concerneth the directive Power of it , but having not the Law , becomes a Law to himself , as well knowing , — Observantior aequi Fit Populus , nec ferre negat , cum viderit ipsum Auctorem parere sibi — 2. As to the Power of Peace and War , It is the right of the King ( saith Fitzherbert ) to defend his Kingdom as well against the Sea , as against Enemies ; which implies , that it is his right to defend it against Enemies ; and how can he do it without the right of his Sword , when , if he should be oblig'd to pray in Aid of others , perhaps they may be of another mind , or take up so much time in the Debate that the Kingdom may be lost ere they resolve what to do : And this I take to be one of the effects of Con-si-de-ra-ti-on , in those matters , whose good or ill fortune solely depends on Expedition , and Secresie : for , Dangers , ( as the Lord Bacon saith ) are better met half way , than by keeping too long a watch upon their approaches ; for if a man watch too long , 't is odds he will fall asleep . But to proceed ; Sir Edw. Cooke says , no Subject can levy War within the Realm , without Authority from the King , unto whom it only belongeth ; and that it was High-Treason at the Common Law , before the Statute De proditionibus : And in Calvin's case , he makes it clear , That to make Leagues , or denounce War , only belongs to the King , who without his Subjects , may grant Letters of safe Conduct , and Denization ; and that this high point of Prerogative Royal , cannot be conferred upon any other , it being a right of Majesty , and among the badges of Supreme Power : And now one would think this were enough , and yet a late Statute of this Kingdom makes it yet clearer , it being thereby declared , That the sole Supreme Government , Command , and disposition of the Militia , and all Forces by Sea and Land , and of all Forces and places of Strength is , and by the Law of England ever were , the undoubted right of his Majesty , and his Royal Predecessors , Kings and Queens of England ; and that both , or either of the Houses of Parliament cannot , nor ought to pretend to the same , nor can , nor lawfully may , raise or levy War , Offensive , or Defensive , against his Majesty , his Heirs and lawful Successors , &c. all which is not introductive of a new Law , but declaratory of the old , as may be further seen by the penning thereof . And now what can be added more , but the Purse , without which , what 's the Sword , but ( as the Greek Proverb has it ) A Bow , without a Bow-man ? For in as much as Mony is the Sinews of War , and Peace ( firmamentum belli , ornamentum pacis ) they that hang the Sword on one side , and the Purse on the other , seem to me , to hazard both ; for neither can any sudden danger ( * of which the King was ever thought the Judg ) be stav'd off , nor War carried on , nor the Publick Peace be long preserv'd , without it . And therefore on such occasions have Parliaments advis'd and assisted the King in supplying his Wants , without directing him ; it seeming hard , that he should have Power to Proclaim War , and not be able to maintain it ; and be bound to defend his Subjects , but deny'd the means . Qui dirimit medium , destruit finem . 3. As to the creation and appointing Magistrates , and Officers , especially such as are not under the command of others , this also resides solely in the King ; for , besides what I have said in the last Paragraph , touching his sole Power , in the ordering and disposing the Militia , and all Forces by Sea , and places of Strength by Land , His is the appointing , all the great Officers , and Ministers of the Realm , whether Spiritual , or Temporal ; the highest , immediately by himself ; the inferior , mediately by Authority derived from him , and as it were , — De lumine , lumen . So the King appoints the Lord Commissioner and all other the grand Ministers and Officers of Scotland ; and the Lord Lieutenant , Lord Deputy , Lords Justices and all other the grand Ministers and Officers of Ireland , who also ( but in his Kings name ) appoint under him , according to the extent of their respective Commissions ; so the Kings of England have , and may at this day by Letters Patents make a Prorex , Locum tenens , or Guardian of the Realm , before whom ( in their absence in remotis ) a Parliament may be held : And such was Edward Duke of Cornwal , 13 Edw. 3. Lionel Duke of Clarence , 21 Edw. 3. John Duke of Bedford , 5 Henry 5. And the Test of the Writ of Summons shall be in the Guardians name : or , by Commission under the great Seal , to certain Lords of Parliament , authorise them to hold a Parliament , the King being then in the Realm , but indisposed : and such was that 3 Edw. 4. to William Lord Arch-Bishop of York ; and that other 28 Eliz. to John Lord Arch-Bishop of Canterbury and others , ad inchoandum , &c. & ad Procedendum , &c. & ad faciendum omnia & singula , &c. nec non ad Parliamentum adjournandum , & Prorogandum , &c. And so are Parliaments held in Scotland , and Ireland , before the Lords Commissioners , Lord Lieutenant , Lord Deputy , &c. of the respective Kingdoms . 4. The Power of the last Appeal , i. e. from whose Sentence , no Appeal lies : The only person ( besides the Kings of England ) that ever pretended to it here , was the Pope ; tho yet , the first attempt ever made that way , was by Anselme Arch-Bishop of Canterbury , in the Reign of King William Rufus , but it took no effect : And the Arch-Bishop , concerning himself too much , touching the Jurisdiction of the Pope in England , the King told him , Ad Officium Imperatoris spectat , &c. That it belong'd to the Emperor to make whom he pleas'd Pope , and that for the same reason , no Arch-Bishop , or Bishop within his Realm , should yield any subjection to the Court , or Pope of Rome , and chiefly in this respect ( cum ipse omnes libertates haberet in regno suo , quas Imperator vindicabat in Imperio ) That he had the same Prerogative in his Kingdom , that the Emperor claim'd in the Empire : And when Pope Innocent the Third , had against the declar'd will of King John , caused Stephen Langton to be Elected Arch-Bishop of Canterbury , and after that confirm'd him , and wrote to the King to receive him , the King returns , that he ( the Pope ) had subverted the Liberties of his Crown , and that therefore he would prohibit all People going to Rome , and from making appeals thither : which confirms my former instance , and that this Power was always in the King , however for a time it might have happen'd to be neglected ; for otherwise , it had been a vain thing in him , to have expell'd the Monks of Canterbury as Traytors ( which he actually did ) or to have imagin'd , that a Bigotted , Seditious Clergy ( as at that time they were , and to be headed by that Arch-Bishop , at least no friend to the King , if not his Enemy ) should be frighten'd with an empty Bug bear , touching a matter whereof he had no cognisance , had he not been satisfi'd , it was in his Power to do it ; as well as his Father before him , had done it . And having thus occasionally nam'd him , let me ( with all submission ) offer this to the memory of that unfortunate Prince ; that his designs , in order to the freeing the Crown from Forein usurpation , were mighty , and , that he came short , in what Henry the Eighth afterwards effected , was not , that he was less able , but his times worse : for considering the unsettled condition of those times , and at what disadvantages he came in , what wonder if he were oppress'd by a Faction , when deserted by his Subjects , who otherwise , had never suffer'd him to have made that Crown ( to the defence of which , they had all sworn ) tributary , which , many years afterward , when the Arrears of that Tribute were demanded , was too late , tho effectually enough , declar'd in Parliament , he could not do , nor they consent to the doing it . But to proceed : When after this the Sea of Rome , would be yet intermedling , it was by all the States of Parliament , severally examin'd , and answering , each State , one by one , personally for it self , unanimously Declar'd , That the Pope's awarding any Processes , or Sentences of Excommunication , &c. against any Bishops , or other Spiritual Persons , for executing Judgments , given in the Kings Courts , was clearly in derogation of the Kings Crown , and Regality , used , and approved , of the time of all his Progenitors , and which they would maintain as they were bound , by their Liegance : and thereupon Enacted , That the purchasing any Bulls , from Rome , or elsewhere , shall be a Premunire : In which it is observable , That as the Judges before that time , were for the most part , Church-men , the Laity being not yet come up to Letters , or where they were , Rari nantes in gurgite vasto , The Lords Temporal , and the Commons of this Parliament , were all Romanists , and of what Persuasion the Lords Spiritual ( and their Assistants the then Judges ) were , I leave to every man , the question at that time being not , matter of Religion , but right of Superiority : not the Church , but Court of Rome : And so Sir E. Cooke speaking of the first Article of the Statute of 25 H. 8. concerning the Prohibition of Appeals to Rome , saith , it is but declaratory of the ancient Law of this Realm : And ( in another place ) The same Authority that the Pope ever exercised in this Kingdom by Usurpation , was always in the King , de jure . With which also agrees the Lord Chief Justice Hobart , That whatsoever the Pope did in this Kingdom , even then when he was in his greatest height , and strength , was of no better force , in right , and justice , than at the first , when he was but simple Bishop of Rome , which was coram non Judice , and so , Jus non habenti , tuto non paretur . 5. The Power of conferring Honors ; on which account he may also enable a man to assign his Surname , Arms , and Barony to another : For , as by the Laws of England , all Lands within the same , were originally derived from the Crown , and holden of the King , either mediately , or immediately , as Lord Paramount , so also by the same Laws were all degrees of Nobility and Honor derived from the King , as the Fountain of Honor. So H. 6. granted to H. Beuchamp , Ut esset primus & praecipuus Comes Angliae ; and that he should use the Title of Henricus Praecomes totius Angl , &c. ibid. 361. First Earl of all England , &c. And to the name Count , or Earl , which was the most ancient name of Dignity among the Saxons , Edw. 3. Ang. Greg. 11. created the Title of Duke , as distinct from that of Earl ( for in elder times they were oft synonimous with us ) and created his eldest Son ( the Black Prince ) then Earl of Chester , into the Title of Duke of Cornwal , which he created into a Dutchy : and about the 18th . of his Reign , the most noble Order of the Garter . And in the 9th . of R. 2. Robert de Vere , Earl of Oxford , was created Marquess of Dublin . And H. 6. the 18th . of his Reign , created John Lord Beaumont , Viscount Beaumont ; of which Titles we find no mention in the Magna Charta , 9. H. 3. for they were not at that time in being . And to this yet further , the Kings of England have , and may at this day create a County-Palatine , which none but the Emperor , or a Supreme Monarch may do : for whoever is owner thereof , hath in that County , Jura Regalia , as fully , as the King in Palatio , — Par curis , solo diademate dispar . So Hugh Lupus , Nephew of King William the Conqueror , was by him created Earl of Chester , and the County given him , Tenendum sibi & haeredibus ita libere ad gladium sicut ipse Rex tenebat Angliam ad Coronam ; by which general words he had Jura Regalia within the said County , and consequently a County-Palatine without express words ; and by force thereof he created eight Cheshire Barons . So not long after his time was the County-Palatine of Durham raised . And in the 10th . of H. 1. the Royal Franchise of Ely. In the 13th . of Edw. 3. the County-Palatine of Pembroke . And in the 50th . year of his Reign the County of Lancaster was by him erected into a County-Palatine , and by him given to his fourth Son , John of Gaunt , then Duke of Lancaster , for life : to which , if any one shall say , that it was De assensu praelatorum & procerum , Sir Edw. Coke answers for me , That the King may make a County-Palatine , by his Letters Patents , without Parliament . Add to this the three first Counties-Palatine created in Ireland , by Henry the Second , viz. Leinster , which he granted to Earl Strongbow , who had married the Daughter and Heir of M. Morough , Prince of Leinster . 2. Meath , to Sir Hugh Lacy the Elder . 3. Ulster , to Sir Hugh Lacy the younger , and had their Barons under them , answerable to the Barons created by H. Lupus : of which before . Of which you may read excellent Learning , in the Case of the County-Palatine of Wexford , reported by Sir John Davys , at that time Attorney-General of Ireland . As also the County-Palatine of Tipperary , formerly enjoy'd by the Ancestors of his Grace , James Duke of Ormond , &c. the present Lord Lieutenant of the same , and granted , restored , and confirm'd to him , by Letters-Patents at Westminster , the 22. of April , in the 14th . of this King , and not long afterward , confirmed by Act of Parliament in Ireland ; and whence also he bears it as a part of his Titles , Dominus Regalitatum & Libertatum Comitatus Palatini Tipperarii . Nor is this all , The Kings of England have created Kings within their own Dominions , and for such has the world received them : So King Henry the Second , in the 13th . year after his coming into Ireland , made his Son John , King of Ireland . And Henry the Third his Son Edward the First , Lord of Ireland , and well own'd the doing it , albeit until the 33 Henry 8. they wrote but Lords themselves ; for their Dignity was merely Royal , as having their Justices , Custodes , or Lord Lieutenants , and all things belonging to the Royal Estate and Majesty of a King. And Sir Edw. Cooke tells us he has seen a Charter made in 20. H. 6. to Henry Beuchamp Earl of Warwick , whereby he was created King of the Isle of Wight , and ( as saith Mr. Selden ) Crowned King of the same . 6. The Power of Pardoning , which is a Royal Act of Grace , whereby the King , either before Conviction , Sentence , or Attainder , or after , forgiveth any Crime , Punishment , Execution , Right , Title , Debt , or Duty Temporal , or Ecclesiastical : on which account he may restore a man that has lost Liberam Legem , by being recreant : As also , all that is forfeited to him by Attainder , &c. he may restore by his Charter ; but if by the Attainder the Blood be corrupted , that must be restored by Act of Parliament ; of which , more at large in Sir Edw. Cooke , Titles , Pardons , and Restitutions . 7. To appoint the Value , Weight , and Stamp of his Coin ; and make Forein Coin currant by Proclamation . As to the first , we need go no farther than the smallest Piece , and that will tell us whose Image and Superscription it is , and therefore called the Kings Money ; and so King John brought the Irish Mony to the English Standard : And as to the other , the same Sir Edw. Coke tells us , That the King , by his absolute Prerogative , may make any Forein Coin , lawful Mony of England , at his pleasure , by his Proclamation . And in another place , putting both together , he says , That lawful Mony of England is of two sorts , viz. The English Mony either of Gold , or Silver , Coined by the Kings Authority , or Forein Coin , by Proclamation made currant within this Realm . 8. To receive Liege Homage of another inferior King or Homager : and such was our Henry the Second to the old Kings of Ireland , who are stiled Reges , & Reguli ; and may more particularly appear in a grant of his to Roderick King of Connaught , that he should enjoy his Territory , under a certain Tribute , Et quam diu ei fideliter serviet , ut sit Rex sub eo Paratus , ad servitium suum , sicut homo suus : And that Oneale is sometime stiled Rex , and sometime Regulus , denotes the Subject-Kings of that Country : And long before the Conquest , Edgar had eight Reguli or inferior Kings , Homagers to him , who at one time row'd him on the River Dee , himself guiding the Helm , and afterwards , glorying to his Nobility , that then every one of his Successors might boast himself to be King of England , when he receiv'd the like Honor from so many Kings his Attendants . So Reignald Lord or King of Man ( Cui etiam fas erat Corona aurea Coronari ) and those of Ireland , did Homage to our Henry the Third . And John Baliol King of Scotland , and David Prince of Wales , to Edw. the First , and James the First , to Henry the Sixth , for the Kingdom of Scotland . So that Liege-Lord , is he that acknowledgeth no Superior ; and a Liegeman is he that oweth Liegance to his Liege-Lord ; and so the word is frequently us'd in our Statutes , viz. The Kings Liege-People : And if such a one shall be in open War , or Rebellion , or joyn with a Forein Enemy against the King , he shall not be ransom'd , or proceeded with as an Enemy , but as a Traytor , because it is Contra Ligeantiam suam debitam , and so the Indictment runs : Such was the case of David Prince of Wales aforesaid , who had judgment of Treason given against him , for levying War against Edw. 1. for that his was within the Homage and Ligeance of the King. 9. Lastly , to bear those Titles , only proper to Sovereign Princes , apart from all others , as being indivisible , and incommunicable : And here ( not to insist on the words Dei gratia , which are familiarly seen in the Titles of the Kings of Europe , and Princes of the Empire , Spiritual Lords , both abroad , and at home , have of elder times frequently us'd it in their Stiles , and in a Summons to our Parliaments , and Writs , to Assemble , or Prorogue the Convocation , the King gives it to the Arch-Bishops , as , Rex &c. Reverendissimo in Christo Patri , Predilatoque , & fideli Consiliario nostro , A. eadem Gratia , Archiepiscopo Cant. &c. But in Warrants , and Commissions to them , it is generally omitted ; and never us'd by themselves , when they wrote to the Pope , Emperor , or a King ; but thus : A. licet indignus , &c. Archiepiscopus , or Episcopus B. &c. whereby the present use of it among our selves , is easily reconcil'd , in that they receive the Attribute , not give it . The Kings of England , are in the second , and third person , commonly stiled , by that abstract of Majesty ; as , your Majesty , his Majesty ; which came into the Kingdoms of Christendom , from the use of it in the Roman Empire ; the word in it self , denoting all kind of special Dignity , and , if as we should say in English , A Greatness ; And to peruse our Statutes , from Magna Charta , to our own time , the most usual expressions are , Our Lord the King , The King our Sovereign Lord , Most Excellent Highness , Royal Majesty , Noble Grace , Most Excellent Majesty , Most Royal Majesty , Dread Sovereign Lord , Most Gracious Sovereign , and as we use it now , Most Excellent Majesty , and Sacred Majesty , which are but the same Attribute , in other words , and in their own nature , so unalienable from Sovereignty , that they can by no process of time be Prescrib'd against , or usurp'd upon : neither can it at all be call'd an Usurpation , as if it were , proper only to God , unless we as well deny Wisdom , Power , Clemency , or any other quality to be attributed to men , because those also , as all else , which is great , or good , are Primarily in him . And so I have done with the marks of Sovereignty , as they are generally receiv'd ; and now if there wanted any thing to the further proof of this Sovereign Imperial Monarchy , There are yet , other Regalities , and Prerogatives , which the Common Laws of England have ever allowed , and never doubted , but to be inherent in their Kings . And hence it is , that the King cannot be said to be a Tenant , because he hath no Superior but God Almighty : And if the King and a common Person joyn in a Foundation , the King shall be the Founder ; for the thing being entire , the Kings Prerogative shall be preferr'd . That he shall have the Escheat of all Lands whereof a person attaint of High Treason was seiz'd , of whomsoever they were holden . That there is no Occupant against the King , nor shall any one gain his Land , by priority of Entry ; for , Nullum tempus occurrit Regi , That half Blood is no impediment to the descent of the Lands of the Crown ; as was seen in the Case of Queen Mary , who was but of half Blood to King Edward 6. and Queen Elizabeth to both : for the quality of the Person alters the Descent . That the accession of the Crown purges all Attainders , as may be seen in the respective Cases of Henry 6. and Henry 7. whose Attainders , were no other than a present disability , which upon their assuming the Royal Dignity , were ipso facto void . That the word King imports his Politick Capacity , which is never in minority , and never dies , but extends to all his Successors , as well Kings , as Queens . That he is King before Coronation , for besides that the Law suffers no interregnums , he holds it by inherent Birth-Right , the Coronation being but a Royal Ornament , and outward Solemnization of the Descent ; and not unlike the publick Celebration of Matrimony , between a Man and a Woman , which adds nothing to the substance of the Contract , but declares it to the world . That the Ligeance of his Subjects is absolute , and indefinite , and due to the natural Person of the King , by the Law of Nature , which is immutable , and part of the Law of the Land , before any Municipal , or Judicial Law ; and , that an Act of Parliament cannot bar the King of the Service of his Subject , which the indelible Law of Nature gave him , it being a part of the Law of the Land , by which , subjection is due to him . And therefore the Statute , That no man , notwithstanding any non obstante , shall serve as Sheriff , above one year , bars not the King from dispensing with it . And William Lord la Ware , altho disabled by Act of Parliament , was nevertheless called to Parliament , was nevertheless called to Parliament by Queen Elizabeth , by Writ of Summons , for she could not be barr'd of the Service , and Counsel of any of her Subjects . Add to this , That all Restrictions upon his Sovereign Liberty , are void , and therefore Publick Notaries made by the Emperor claiming to exercise their Offices in England , were prohibited , as being against the Dignity of a Supreme King. And with this agrees the Statute-Law of Scotland , made in the Parliament of the 5th . of King James the Third ; cap. 3. In short , when King John had subjected his Crowns of England and Ireland , to Pope Innocent the Third , and had become his Feodary , under the annual Acknowledgment of one thousand Marks to the Pope , and his Successors , and when afterwards the Arrearages thereof were demanded , the Parliament of that year answered , That no King can put himself or his Realm in Subjection , without their Assent : And how far that Assent reach'd , we have it in the 42 of Edward the Third , where , in full Parliament , it was further declar'd , That they could not Assent to any thing in Parliament , that tended to the Disinherison of the King , or his Crown , whereunto they were Sworn : which is no more , than what the Statute that prescribes the Oath of the Kings Justices has in it , viz. Ye shall not Counsel , nor Assent to any thing that may turn him ( the King ) in Damage , or Disinherison ; by any manner , way , or colour . And to the same effect , are the several Oaths of the Lord Chancellor , and Lord Treasurer ; You shall not know nor suffer the Hurt , or Disinheriting of the King , or that the Rights of the Crown be decreased , by any means , as far as you may lett it . In a word ( to omit many others ) All such things , whereof no Subject can claim Property , as Treasure-trove , Wreck , Estrays , &c. belong to the King by his Prerogative , which extends to all Powers , and Preheminences , which the Law hath given the Crown ; and is a principal part of the Law of the Land , and is called by Bracton , Libertas , & Privilegium Regis , both words signifying the same thing , i. e. The Kings Prerogative . And by Britton , Droit le Roy , The Kings Right . And in the Register , Jus Regium , which is the same ; and Jus Regium Coronae , The Royal Right of the Crown : And since it has not been wound up so high , as to endanger the strings , what reason is there to wish it let down so low , as to render it profanable by the People ? When the Philistines return'd the Ark of God which they had taken , the men of Beth-Shemesh must be prying into it ; and he that has a mind to know the effect of their curiosity , may read it in Samuel , God slew one hundred and fifty thousand of them . But enough of the Common-Law ; we 'l in the next place consider , what the Statute-Law in further affirmance of the Common-Law , saith to this matter : And here , it cannot be thought ( saith Sir Edw. Coke ) that a Statute , made by the Authority of the whole Realm , will recite a thing against the Truth . I 'll begin with that of Richard 2. commonly call'd the Statute of Premunire , in which it is declared , That the Crown of England hath been ever so free , that it is in no earthly subjection , but immediately subject to God , in all things touching the Regality of the same Crown , and to none other . In like manner the Statute of H. 8. against Appeals to Rome , saith , That by divers sundry old Authentick Histories , and Chronicles , it is manifestly declared , and expressed , that this Realm of England is an Empire , and so hath been accepted in the world , governed by one Supreme Head , and King , having the Dignity and Royal Estate , of the Imperial Crown of the same , unto whom , a Body Politick , compact of all sorts and degrees of people , divided in terms , by names of Spiritualty , and Temporalty , have bounden , and owen to bear , next to God , a natural , and humble Obedience . And near the middle of the said Statute , it is further called the Authority , and Prerogative of the said Imperial Crown . And in the 25 of the same , it is called , The Imperial Crown , and Royal Authority , recognising no Superior under God , but only your Grace . And in the following Chapter , besides the frequent use of the word Imperial , the Kings thereof are stiled , Kings , and Emperors of this Realm . And in another of the same Kings , it is called , The most Royal Estate of your Imperial Crown , of this Realm ; and the same word Imperial , made use of ten other times , in the same Statute , to the same purpose . And with this agrees the Statute of Ireland , where in express words also , the Kings of England are entituled , Kings and Emperors of the Realm of England , and of the Land of Ireland ; and that too , five years , before the Title of Lord of Ireland was altered into King : And by the Act that so alter'd it , it is called The Majesty , and State of a King Imperial . And so in the first of Qu. Eliz. ( English ) in which the Oath of Supremacy was enacted , the Crown of this Realm is three times called Imperial : And in the third Chapter of the same year , as often . And in the 5th . of the same Queen , ( that requires all Ecclesiasticks , Graduates in any University , or Common-Laws , Officers of Court , Attorneys , every Member of Parliament , under the degree of a Baron , to take the said Oath of Supremacy , before he enter the House , or such Election to be deemed void ) calls it The Dignity of the Imperial Crown . And the Act of Recognition of King James , uses the same expression of Imperial , four times . And upon a like ground , of mere Supremacy , was that Act of Scotland , before the Union of the Crowns , wherein 't is said , Our Sovereign Lord , his full Jurisdiction , and free Empire , within this Realm . ( Scotland ) And the late Oath , or Test , prescribed to be taken by all persons in Publick Trust in that Kingdom , declares the Kings Majesty the only Supreme Governor of that Realm , over all persons , as well Ecclesiastical as Civil . And the Act of acknowledging and asserting the right of Succession in that Kingdom , calls it the Imperial Crown of Scotland . In all which matters I have been the more particular , that I might the better evince my Reader , that this Independent Sovereignty , and Supremacy of the Kings of England , &c. has not been the opinion of any one time , but the general consent of all ; and that our Kings , hold their Crowns in chief , from God , and owe no precarious acknowledgments , to the courtesie of the People . Nor is the Kings Immediate , Personal , Originary , Inherent Power , which he executes , or may execute ( Authoritate Regiâ Supremâ Ecclesiastica ) as King , and Sovereign Governor of the Church of England , to be less consider'd , it being one of those flowers which make up his Crown , and preserve it in verdure : And here , I question not but it will be granted , that the King is the Supreme Patron , of all the Arch-Bishopricks , and Bishopricks of England , as being all founded by the Kings of England , to hold Christi Baroniam ( excepting that of Soder , in the Isle of Man , which was instituted by Pope Gregory the Fourth , and may perhaps be the reason , why the Bishop thereof , hath neither Place , nor Voice in the Parliament of England ) and so , were at first donative , Per traditionem annuli , & baculi Pastoralis , by the delivery of a Ring , and the Pastoral Staff , or Crosier . And the Bishop of Rome persuading Henry the First to make them Elective , by their Chapters , refused it ; But King John by his Charter recognising the Custom , and Right of the Crown , in former times , by the common consent of his Barons , granted , that they should be eligible ; as least doubting , he had so far lockt up himself , as that he might not be receiv'd , to disapprove , or allow : for before that , I find , That when he had given a Conge d' eslier to the Monks of Canterbury , to Elect an Arch-Bishop , and Pope Innocent the Third , notwithstanding the Kings desires of promoting the Bishop of Norwich to it , ( whom also , they had Elected ) had under a Curse commanded them , to choose Stephen Langton , with which , for fear of Excommunicacation they comply'd , the King banishes the Monks as Traytors , and writes to the Pope , that he had subverted the Liberties of his Crown : by which it appears , that he lookt upon himself , as the Supreme Governor of the Church of England , and that no Arch-Bishop , or Bishop , could be put upon him , without his consent : and what advantage the Kingdom got by this Usurpation , may be gather'd from the effects , when , after a more than six years Jurisdiction , the King Depos'd , and a free Crown put in Vassalage , it only open'd a way to those future Broils , between him , and his Barons , which lasted all his time , and wanted no fuel to feed 'em , till towards the latter end of his Son , men began to stand at gaze , and as infatuated , or startled at they knew not what , thought it more safety to look on , than lend a hand to master it : nor had they fully resolv'd what to do , until the Pope having demanded Homage of Edw. 3. and the Arrears of one thousand Marks per ann . for the Kingdoms of England , and Ireland , ( which had been also demanded in the 3 of Edw. 1. and in case of non-performance , threatned to make out Process against the King and Kingdom , then at last , the scales fell from their eyes , and as men got out of a dream , they began to consider what they had startled at , and as an argument of their recovered Senses , the Lords Spiritual by themselves , the Lords Temporal by themselves , and the Commons by themselves , unanimously resolv'd , and declar'd , That the King could not put Himself , his Realm , or his People in subjection , without their Assent ; and albeit it might , it is ( as saith Sir Edw. Coke ) Contra Legem & consuetudinem Parliamenti , contrary to the order , and custom of Parliament , because it is a disherison of the King , and his Crown : after which , to avoid all further dispute , the manner and order of Election of Arch-Bishops , and Bishops , and all things relating thereunto , is setled by Statute , viz. 1. Negatively , That no one thereafter be Presented , Nominated , or Commended to the Sea of Rome , for the Dignity or Office of any Arch-Bishop , or Bishop within this Realm , or any other the Kings Dominions . 2 , Affirmatively , That at every avoidance of any Arch-Bishoprick or Bishoprick ( as before ) the King our Sovereign Lord his Heirs and Successors , may grant to the Dean and Chapter of the Cathedral Churches where the Sea of such Arch-bishoprick , or Bishoprick shall happen to be void , a License under the Great Seal , as of old time hath been accustomed to proceed to Election of an Arch-Bishop , or Bishop , of the Sea so being void , with a Letter missive , containing the name of the person which they shall Elect or Choose , by virtue of which , they elect the said person , &c. or in case of refusal incur the Penalties of a Premunire . So that upon the whole , the Election ( in effect ) is but a matter of form , it is the Kings meer Grant which placeth , and the Bishops Consecration , which maketh a Bishop : Neither do the Kings of this Land use herein , any other , than such Prerogatives , as Forein Nations have been accustomed unto . Or otherwise , what made Pope Boniface , solicit the Emperor Honorius , to take order , that the Bishops of Rome , might be created , without ambitious seeking of the Place . A needless Petition , if so be the Emperor had no right , in placing of Bishops there . Of which , there are several other instances , in a piece of Mr. Hookers , touching the Kings Power in the advancement of Bishops . In short , if before that Act of Hen. 8. a Bishop in England had been made a Cardinal , the Bishoprick became void , but the King should have nam'd the Succsseor , because the Bishoprick is of his Patronage . And as to the Arch-Bishops , and Bishops in Ireland , the respective Chapters ( of ancient time ) upon every avoidance , sued to the King in England , to go to the Election of another , and upon certificate of such Election made , and the Royal Assent obtain'd , a Writ issued out of the Chancery here , to the Lord Chief Justice of Ireland , or the Lieutenant , rehearsing the whole matter , and commanding him to take fealty of the Bishop , and restore him to his Temporalties : But now the course is , that such Writs are made in Ireland , in the name of the King , who nominates the Arch Bishops and Bishops there , as he doth in England , and then the Chapter choose him whom the King names to them , and thereupon the Writs are made of course . Nor were the Kings of England , even in those times , excluded , but still acknowledg'd to have Power of Dispensation , and other Ecclesiastical Acts. And therefore as he first gave Bishopricks and Abbeys , and afterward , granted the Election to Deans , and Chapters , and Covents ; so likewise might he grant Dispensation to a Bishop Elect , to retain any of his Dignities , or Benefices in Commendam : and to take two Benefices ; and to a Bastard , to be a Priest : And where the Statute 25 H. 8. c. 21. says , That all Dispensations , &c. shall be granted in manner and form following , and not otherwise ; yet the King is not thereby restrain'd , but his Power remains full , and perfect , as before , and he may still grant them as King ; for all acts of Justice and Grace flow from him : and on this account also , he can pardon any Ecclesiastical Offence ; as Heresie ( for example ) is a cause merely Spiritual , or Ecclesiastical , and yet the King may pardon one convict of Heresie . And as the King may dispense , or pardon , so also does that Supreme Power enable him to several other things relating to Church-matters , which pertain not to another . He may found a Church , Hospital , or Free Chappel Donative , and whether he specially exempt the same from ordinary Jurisdiction , or not , his Chancellor , and not the Ordinary shall visit it : and he may by his Charter license a Subject to found such a Church , or Chappel , and to ordain that it shall be Donative , and not Presentable ; and to be visited by the Founder , and not by the Ordinary . And thus began Donatives in England , whereof Common Persons were Patrons . So he shall visit Cathedral Churches ( by Commissioners ) Sede vacante Archiepiscopalii : He may also revoke before Induction , by presenting another , for the Church is not full against the King , till Induction : And therefore if a Bishop Collates , and before Induction dies , by which means the Temporalties come into the Kings hands , the King shall present to the avoidance , for the same reason . In short , He is the Supreme Ordinary , and on that account may take the resignation of a Spiritual Dignity . Neither did the Abbots and Priors in Edward the Fourths time think him less , when they stile him Supremus Dominus noster Edwardus 4. Rex ; which agrees with the Laws before the Conquest in which the King is called Vicarius summi Regis , The Vicar of the highest King. And albeit , Ecclesiastical Councils , consisting of Church-men , did frame the Laws , whereby the Church Affairs were ordered in Ancient times , yet no Canon , no not of any Council , had the force of Law , in the Church , unless it were ratifi'd , and confirmed by the Emperor , being Christian : In like manner , our Convocations ( that assemble not of themselves , but by the Kings Writ ) must have , both Licence to make new Canons , and the Royal Assent to allow them , before they can be put in Execution ; and this , by the Common Law : for , before the Statute 25 H. 8. c. 19. A Disme ( i. e. the Tenths of all Spiritual Livings , in ancient times paid to the Pope ) granted by them , did not bind the Clergy , before the Royal Assent . In a word , the King may make orders for the Government of the Clergy without Parliament , and deprive the Disobedient . And the Act for suppressing Seditious Conventicles , has a saving to his Majesties Supremacy in Ecclesiastical Affairs . And so ( I hope ) I have clear'd this point , That the Kingdom of England , &c. is a Sovereign Imperial Monarchy , of which , the King is the only Supreme Governor , as well in all Spiritual , or Ecclesiastical Things , or Causes , as Temporal . It remains now that I shew , That however the Emperors of the West , and East have so much striven , about that great Title of Emperor , or Basileus , that yet the Kings of England ( as Supreme within their Dominions ) have also justly used it , and that from ancient Ages , as no less proper to their own independent greatness . And here , amongst many others , we have Edgar frequently in his Charters , stiling himself , Albionis , & Anglorum Basileus , King of Britain , and the English. And in one of his , to Oswald Bishop of Worcester , in the year 964. and of his Reign the sixth , Ego Edgarus , Anglorum Basileus , omniumque Regum , Insularum , Oceanique Britanniam circumjacentis , cunctarumque Nationum quae infra eam includuntur , Imperator , & Dominus , &c. I Edgar King of the English , and of all the Kings of the Isles , and the Ocean lying round Britain ( i. e. England , Scotland , and Wales ) and of all the People therein , Emperor , and Supreme Lord ; for , the word in this place , bears no less , as I have shewn it before , in the Word , Lord of Ireland . Wherein it is observable , that as long since as it is , that yet the King of England , or Britain , was Lord , and Emperor of the British Sea ; which agrees with that of one of his Successors ( Canutus ) when sitting in a Chair , by the South Shore , he used these words to the Sea , Tumeae ditionis es , & terra in qua sedeo , mea est ; Thou art of my Dominion ( or Empire ) and the Land whereon I sit , is mine ; as taking it clearly , that he was the Supreme Lord , and Emperor of both : whence also , it is affirm'd by Belknap ( one of the Justices of the Kings Bench 5 R. 2. ) That the Sea , is of the King Ligeance , as of the Crown of England . So that Edward his Son , in a Charter to the Abbey of Ramsey , Ego Edwardus , totius Albionis , Dei moderante gubernatione , Basileus ; I Edward by the Guidance , or Assistance of God , King of Britain . And Edwine , in a Charter of his to the Abbey of Crowland , is stiled , Edwinus Anglorum Rex , & totius Britanniae telluris , Gubernator & Rector ; Edwine King of the English , and of all the British Land , Director , and Governor . In like manner Ethelred , in a Charter of his to the Church of Canterbury , stiles himself Angligenum , Orcadarum , necne in gyro jacentium , Monarchus , Monarch ( or sole Governor ) of the English , the Isles of Orkeney , and all that lie within that Circuit : but subscribes it , Ego Aethelredus , Anglorum Induperator , &c. I Ethelred Emperor of the English. And besides what I said before of King William Rufus , that said he had the same Prerogatives in his Kingdom , as the Emperor claim'd in the Empire , in a Charter of his to the Monastery of Shaftsbury , he says , Ego Willielmus Rex Anglorum , anno ab incarnatione 1089. secundo anno mei Imperii . I William King of the English , in the year of our Lord 1089. and of my Empire the second . And now having brought it thus far , I shall in the next place examin the unreasonableness of that new Notion , that the King is one of the three Estates , and doubt not but to prove the contrary , to any man but him , who will not be persuaded , tho you shall have persuaded him . SECTION VI. That the King is none of the Three Estates ; in which , two preliminary Objections are examin'd by Reason ; and answered by the manner of the Three Estates applying to him . What the Three Estates are . To presume him one of them were to make him but a Co-ordinate Power . The King cannot be said to Summon , or Supplicate himself . How will the Three Estates be made out , before the Commons came in ? With a short Series during the Saxons to the latter end of Henry III. in all which time they are not so much as nam'd as any constituent part of a Parliament , And the time when probably they first came in , to be as they are at this day , one of the three Estates . That the Lords Temporal were never doubted but to be an Estate . Four reasons offer'd , that the Lords Spiritual , are one other Estate , distinct from the Lords Temporal , and one Act of Parliament , in point : With other Authorities to prove the Assertion . THose that would have the King one of the Three Estates , say , That our Government is a kind of mixt Monarchy , inasmuch , as in our Parliaments , the Lower House ( as representing the Commons ) bear a semblance of a Democracy ; and the Lords , of Aristocracy : And others , That the King , Lords , and Commons ; who as Assembled joyntly , to the end of Legislation , as one Corporation , ( and no otherwise ) are the Law-giver . We 'll examin it by reason , which — Neque decipitur , nec decipit usquam , and only commands belief , when all things else beg it . And here , to come as near the wind as I can , that I may the better get up with them ; admitting the semblance , but not granting the thing , what does this make for them , or serve to prove , that yet the Government is not a free Monarchy ? because the Supreme Authority ( as I said ere while ) resteth neither in the one House , or the other , either joyntly , or severally , but solely in the King , at whose pleasure they are assembled , and without whose Royal Assent , they can make no Law , to oblige the Subject . And therefore not denying Bodin's distinction , of a Lordly Monarch , a Royal Monarch , and a Tyrannical Monarch , which relateth only to the Power , and Practice of the Monarch ; yet the distinction of a Supreme , and mixt Monarchy , which designeth the manner of the Government , is a contradiction in Terminis ; because that Government which extendeth it self to more than one , can never be a Monarchy ; as is obvious to every one , that understandeth the word Monarchy , and was never heard of in our Land , till the men of our late times , instead of suppressing Idolatry , &c. had fram'd a new Idol of their own , and having made it as gay as they could , set it up , to be ador'd by the Multitude , always prone to admire every thing , they least understand : And what must the consequence of it be ? but that the Government , must be partly Monarchical , partly Aristocratical , and partly Democratical , which are in themselves contrary , and to be governed , by contrary Laws ; and if it be impossible to make any good , out of two extremes ( as Monarchy , and Democracy are ) what then shall be made of three , confounded among themselves ? or how can it be that Sovereignty ( a thing indivisible ) can at one and the same time , be divided , between one Prince , the Nobility , and the People , in common , and not to be altogether , a State Popular ; or at best a Venetian Republick , wherein albeit there be but one Duke ( and He for life ) yet , his person being not invested with the Supreme Power of Government , he is in effect , but — Magni nominis umbra . And as to the other , That the King , Lords , and Commons as one Corporation ( and no otherwise ) are the Law-giver ; here , I take the King to be in a worse condition ; for , tho to the making of an Act , the concurrence of both Houses is necessary , yet of no effect , if the King disapprove : yet , the Case of a Mayor , Aldermen , and Burgesses ( or whatever other the stile of the Corporation be ) is wholly different ; for they , meeting together ( by the Princes grant ) in a kind of Democratical Common Council , for the better Government of the place where they reside , order every thing , by most Voices , wherein the Mayor himself , has but one , and is concluded by the greater number ; but the King , having no Voice ( nor any one to represent him ) in the discussive part of any Act , cannot be said to give his Royal Assent , as one of the Corporation , but by his inherent Legislative Prerogative : and how improper the contrary is ; will further appear , in that a Common-Council , put what By-Laws they please , upon the Mayor , as long as they are not contrary to the Law of the Land , because he has no negative upon them . But in case of a Sovereign , the first mark of it ( as I have shewn before ) is the Power of making Laws ; now , who should those Subjects be , that should yield Obedience to that Law , if they also had the Power to make Laws ? or who should that Prince be , that could give the Law , being himself constrain'd to receive it of his Subjects , unto whom also , he gave it ? A thing , not only incompatible , but even absurd , from every days Practice and Experience : for , do not the Three Estates of this Kingdom upon the passing of all Bills , address themselves to his Majesty , in the most humble Stile ? As that of the Petition of Right , Humbly shew unto our Sovereign Lord the King , the Lords Spiritual , and Temporal , and Commons in Parliament Assembled , &c. So to King James , Most dread , and most gracious Sovereign , We your most Loyal , and Humble Subjects , the Lords , &c. So to Queen Elizabeth , Most dread Sovereign Lady , &c. We your most Humble , Faithful , and Obedient Subjects , the Lords , &c. So to Queen Mary , We your Highness most Loving , Faithful , and Obedient Subjects , &c. do beseech your most Excellent Majesty , that it may be Enacted , &c. So to H. 8. In their most humble wise , shewn to your most Royal Majesty , the Lords , &c. And so to Rich. 3. and backward , By the Advice , and Assent of the Lords , &c. at the request of the Commons . To Edw. 4. By the Advice and Assent of his Lords Spiritual and Temporal , and at the special Request of his Commons . To H. 6. By , &c. and at the special instance and request . To H. 5. the same . To H. 4. At the instance , and special request . To R. 2. the same . In Edw. 3.'s time , These things underwritten at the request of the Commons , be Established , and Enacted , by our Lord the King , his Prelates , Earls , and Barons ; so by the Assent , and Prayer of the Great men , and the Commons . And in Edw. 1.'s time , At the request of the Commonalty , by their Petition , made before him , and his Council in Parliament ; as may be further seen in the Statutes at large , till ye can go no further backward , than , the King commandeth : In which also , I have been the larger , that by the consent of all times , I might shew , that this is not after the manner of Corporations , or the Language of Equals ; and shall be my first Argument , why the King is none of the Three Estates . 2. This will further appear , if we shall consider , who these Three Estates are : And those , I take to be , the Lords Spiritual , viz. Arch-Bishops , and Bishops , who sit in Parliament by Succession , in respect of their Baronies , parcel of their Bishopricks . 2. The Lords Temporal , as Dukes , Marquesses , Earls , Viscounts , Barons , who sit there by reason of their Dignities , which they hold by Descent or Creation ; and the third Estate , the Commons of the Realm , viz. Knights of Shires , Citizens of Cities , and Burgesses of Burroughs , respectively Elected , by force of the Kings Writ ; which three Estates , Sir Edw. Coke saith ) the French-men call , Les Estates , or L' Assemble des Estates : And Philip de Comines , ( speaking how the English grant Subsidies ) Convocatis ( saith he ) primis ordinibus , & assentiente Populo ; The first , or chief Estates , being call'd together , and the People assenting : And Bodin ( who by his Conference with the English Embassador , for so himself confesseth ) wherever he speaks of the Constitution of England , calls it the King , and the Three Estates of the Realm : Like which , The Republick of the Kingdom of Poland , in the Interregnum between the Death of one King , and the Election of another , is stiled , Serenissimae Reipublicae Regni Poloniae , &c. Congregati Ordines : The Estates Assembled : And such were the Amplissimi Ordines , among the Romans ; viz. the Senate , of whom the Emperor was no part ; and signifies with us , The Estates of People , among our selves , viz. The Clergy , The Nobility , and the Commons , which , being duly Assembled , we call , a Parliament : And so Sir Henry Spelman speaking of the word Parliament , saith , it is , Solenne Colloquium , omnium Ordinum Regni , authoritate solius Regis , ad consulendum , statuendumque de negotiis regni indictum . A Parliament ( saith he ) is a Solemn Conference of all the Estates of the Kingdom , commanded together , by the sole Authority of the King , to Consult and Order the Affairs of the Realm . From whence it must necessarily follow , that the King is none of them , but as the Apostle says ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) as having the preheminence over them ; for , Quicquid efficit tale , est magis tale , Whatever is the cause of any thing , is greater than the thing caused . 3. To presume the King to be one of the Three Estates , were to make him but a Co-ordinate Power , and consequently , concludible by the other two ; for , Par , in Parem , non habet imperium , Among Equals there is no Authority : whereas , the Supreme Title of King , is distinguish'd from others , in this , that it acknowledges no other Superior : And Bodin , speaking of a Supreme Monarch , saith , He is next to God , of whom he holdeth his Scepter , and is bound to no man. And to the same purpose Berkly , — Regum cognata Potentia coelo . Whence it naturally follows , that this Honor is not to be shar'd with another . 4. Which is a negative instance . ( And one Negative instance ( saith the Lord Bacon ) is of more force , to unfix a pretending Rule , than two Affirmative to establish it . ) If the King were one of the Three Estates , he should be Summon'd by Writ ; but because all Writs Issue in his Name , it cannot be said , that he can Summon himself , or Supplicate himself , as both Houses do him ; or not to have Power to depart , without leave , i. e. of himself , seeing they have no Power to Assemble , Determin , or Depart , part , without the Kings express Commandment . 5. If the King were one of the Three Estates , then it follows of course , as undeniable , that before the Commons became a Third Estate , and a Constituent part of a Parliament , as they are at this day , That the King must have been one Estate , The Lords Spiritual a second , The Lords Temporal a third ; or otherwise there could not have been Three Estates : and , now the Commons , since the Writs for their Election , being become another , what hinders , but that they make a fourth ? unless ( perhaps ) we deny the Lords Spiritual to have been one , and then , before the Commons , there could be but two . To examin it a little : That Great Councils of Kings , their Nobles , Wise men , and Chief Officers , were frequently held , of Ancient time , there is hardly any thing more obvious ; but , whether the Commonalty , scarce yet civiliz'd , or if so , for the most part , if not wholly , without Literature , were any essential or constituent part , of those great Councils , and Government , might be a question at this day , if there were any sufficient ground , on which to raise it . Convocavit David omnes Principes Israel , Duces tribuum , & Praepositos turmarum , qui ministrabant Regi : Tribunos quoque & Centuriones , & qui Praeerant substantiae Regis ; filiosque suos , cum Eunuchis ; & Potentes , & robustissimos quosque in exercitu , Jerusalem . David called together all the Princes of Israel , the Leaders of the Tribes , and the Captains of the Companies that served under him , and the Captains over the thousands , and the Captains over the hundreds , and the Stewards over all the substance and possession of the King ; and his Sons , with the Officers and mighty men , and valiant men , unto Jerusalem . By which you see , of what persons , this great Council consisted ; all , men of the first note , and not a word of the people . In like manner Solomon , Congregavit majores natu Israel , & cunctos Principes tribuum , & Capita familiarum , de filiis Israel , in Jerusalem . He assembled the Elders of Israel , and all the rulers of the Tribes , and the heads of the families , of the children of Israel , to Jerusalem : And here too , not a word of the People ; and yet , Sir Edw. Coke calls them both Parliaments ; and so no doubt but they were somewhat like it , or otherwise , so many succeeding Centuries had never took pattern from them . Not to run so far from home . What was our Saxon Witenage mote , Micel Synods , Micel Gemotes , or Great Councils , but so many Assemblies of the Wise men ; concerning whom , it is not to be presumed , but that they were of the first rate ; the lump of the People ( as I so lately toucht it ) being for many Ages , before , and after , not bred to Letters , and consequently , more apt for Blows , than Arguments , and readier to cut the knot in two , with their Swords , than unty it with their Tongues : and in all the Saxon Annals we find the principal , or chief Wites , or Wise men of the Nation , the Assembly of Gods Servants ( the Clergy , then so called ) Aldermen ( or Earls ) Great men , Chiefest men , Noblemen , the constituent parts of those great Councils , but no Commons to be found , or any that represented them . Neither does Sir Edw. Coke , in any Authority of his , before the latter years of Henry 3. prove any where , that the Commons at that time , were any such part of those Parliaments , for if they had , there is no question , but he would have nam'd them also ; as he doth those others , that made up those Parliaments . Rex Eldredus , convocavit Magnates , Episcopos , Proceres , & Optimates , ad tractandum de publicis negotiis regni , King Eldred ( saith he ) call'd together his Earls , Bishops , Barons , and Chief men ; but not a word again of the Commonalty : And with this , agrees the learned Mr. Selden , where we have several other instances , to the same purpose , but not one word in any of them , touching the Commons . And as the Saxon Great men , were only present ; in their Great Councils , so were only the Norman Barons , and their Great men , in those of the Conqueror : for , we often meet Arch-Bishops , Bishops , Earls , Barons , but no where find the least mention of the Commons : neither is it to be believ'd , that his new acquest , would yet suffer him , to trust a People , he had so lately conquer'd , or that he made to himself , other measures , than what he took from his Sword. And as to William Rufus his time , we find it the same ; for in the sixth year of his Reign , there was a Great Council held at Winchester ; and in the seventh , another at Rockingham : and in the tenth , De statu regni acturus , Episcopos , Abbates , & quosque regni Proceres in unum , praecepti sui sanctione egit . Being to order some Affairs of the Realm , he commanded together the Bishops , Abbats , and all the Nobility of the Kingdom ; and yet all this while , not a word of the Commons . In like manner , albeit in the first of Henry 1. Clerus Angliae , & Populus universus , &c. the Clergy , and all the People were Summon'd to Westminster ; yet here the word Populus , is used , as contradistinct , to the Clergy , to which it is opposed ; and denotes not , any distinct State , or Order , among Secular men , or Laicks ; but an Order and Estate of men , distinct , from the Ecclesiasticks , or Clergy ; these two words of Clerus , and Populus , being the two general States , or Orders , into which all mankind is divided : And so he cites it , as quoted by Sir Will. Dugdale , touching the Coronation of King Egbert , Veniunt Wintoniam , Clerus & Populus ; The Clergy and People came to Winchester . To which also Mr. Selden gives a great light , when of the same Council he saith , Ad commune concilium Baronum meorum , is mentioned in it . Or what means that other of the third of the same King , wherein they are call'd , Primates utriusque ordinis , The Chiefs of both Orders , i. e. of the Clergy , viz. the Lords Spiritual : and of Laity , viz. the Nobles , who are also called , Principes Regni , The Chief , or Head men of the Kingdom ; of which also we have several instances , in that ( beloved Physician 's ) ingenuious , learned Answer to Mr. Petit. Neither does it appear , that the Great Councils in King Stephen's time , consisted of any other , than the Clergy , and the Nobility , there being not the least mention of the Milites , or Liberi homines , Knights , or Free-men , or that they acted in them . But from these Usurpations , we come to Hen. 2. who ( Robert Duke of Normandy being dead ) came in upon a rightful Title , from his Grand-father , Henry 1. and yet , the Great Council at Clarendon , which was the 10th . of his Reign , consisted only of Arch-Bishops , Bishops , Abbats , Priors , Earls , and Chief men , of the Kingdom ; and albeit Mr. Selden ( as himself from Hoveden ) says , That Clerus , and Populus Regni , the Clergy , and People of the Land , were then Assembled , it appears not , that any other Estate was meant by the word Populus , than the Lay Nobles : For , at the great Council of Northampton ( which was the following year ) Rex Statuens celebrare solenne Concilium , omnes qui tenebant de Rege in Capite , mandari fecit . The King having resolv'd to hold a Great Council , he Summon'd thither , all those , that held of him , in Capite , i. e. in Chief . Now to hold in Chief of the King , is to hold of him immediately , and merely as King , and of his Crown , as of a Seigneury in Gross , and in Chief , above all other Seigneuries , and not as of , or by means of some Honor , Castle , or Mannor , belonging to the Crown . And in the preceding leaf , Mr. Selden says , Tenere de Rege in Capite , & habere possessiones sicut Baroniam , are Synonimies ; and , to hold in Chief , and to have their Possessions as Baronies , was to have the right of sitting in Councils , with the rest of the Barons : concerning which , it does not yet appear , that the Commonalty at that time , had any . From thence , and during the Reign of King Richard the First , and until the 15th . of K. John , we find it the same ; only at that time , the King being at Rochel in France , commits the custody of England to the Bishop of Winchester , then Chief Justice , and writes to his Barons , Knights , and to all his Feudataries , or Vassals , thro England , That he had received the Popes Letters , touching the release of the Interdict ( under which the Kingdom then lay , and of which , I toucht before ) which he had sent to the said Bishop ; and therefore requires them , as of whose kindness , and fidelity , he had full confidence , that according to what the said Bishop should then say unto them , they would effectually give their advice , and aid : as in like manner , he writes to several other Cities , and Burroughs , thereby earnestly requiring them , that according to what the said Bishop shall give them to understand , that they effectually apply themselves to give him a supply , towards the relaxation of the said Interdict ; and thereby also promises them a re-payment with thanks : so , that He only borrows Mony of them on that particular occasion , but does not in the least hint , or direct them to send their Proxies , or Representatives , to any Great Council to be then call'd : as we have it , and the History of that time , more at large , in the said Answer to Mr. Petit. And now , having offer'd thus far to this matter , I shall go on with the reason of those times , which I take to be thus . William the Conqueror having subdu'd England , began now to consider the way of securing it ; and to that purpose ( as it is in the Proverb ) cut large thongs out of other mens hides ) and ( as a reward of the Service done him ) granted a certain compass or circuit of Land , unto such of his Chief men , as had assisted him , in the acquisition , to them and their Heirs , to dwell on , and exercise such Jurisdiction therein , as he thought good to grant ; performing also such Services , and paying him such yearly Rent , as the Grant required : they again parcell'd this Land , to such other meaner men , as had follow'd them in the Expedition , under such Services , and Rents , as they thought fit ; and by this means , as those Great men became Tenants to the King in Chief , so the Inferiors became Tenants to them , who ( as Superiors ) exercised a kind of little Kingship over them : The King and his Successors being Supreme Lords of the whole , and imposing from time to time , such Laws , as by the advice , and assent of those his Barons , were thought expedient , and unto which , Consentire inferior quisque vis us est , in persona Domini sui capitalis , prout hodie per Procuratores Comitatus , vel Burgi , quos in Parliamentis , Knights and Burgesses appellamus ; to which , every inferior ( saith he ) was presum'd to consent , in the person of his Chief Lord , from whom he held ; as at this day , by the Representatives of Counties , and Burroughs in Parliament , whom we call Knights and Burgesses : and certainly , there is no doubt to be made , but that if there had been any such privilege , of ancient time , belonging to the People , that the Historians of those times would not have pass'd so material a thing in silence , especially considering how many of lesser account , are every where found among them . Polidor Virgil , would have the Commons to have been brought into those great Councils , in the 16th . of Henry I. Sir Walter Raleigh , about the 18th . of that King ; but Sir Henry Spelman will not allow it ; his words are these , Sine ut sodes dicam , collegisse me centenas ( reor ) conciliorum edictiones ( tenoresque ipsos plurimorum ) ab ingressu Guilielmi 1. ad excessum Hen. 3. existentium , nec in tanta multitudine , de plebe , uspiam reperisse aliquid , nil in his delituerit . Give me leave ( saith he ) to speak frankly , I believe , I have collected an hundred Acts of Councils ( and the forms of most ) from the coming in of William the First , to the going off of Henry the Third ; nor in so great a number have I any where found any thing of the Commonalty , nothing of it lies in them . And yet , it may be probable , that Henry the Third , toward the end of his long , but troublesome Reign , brought them in , to counterpoise the Factions of his seditious Barons : for , tho at the making of the Statutes of Merton , there is not the least mention of the Commons , yet in those at Marleborough , they are thus named , The more discreet men of the Realm , being called together , as well of the higher , as of the lower Estate . And in the Title of the Statute of Westminster the first , made in the third of Edw. 1. ( who , as he was first of his name , after the Conquest , so he was the first , that setled the Law , and State , and freed this Kingdom , from the Wardship of the Peers ) it is thus said , These be the Acts of King Edward , Son to King Henry , made at Westminster , at his first Parliament , &c. by his Council , and by the Assent of Arch-Bishops , Bishops , Abbots , Priors , Earls , Barons , and all the Commonalty of the Realm , being thither Summoned , &c. And so , that word Parliament , which ( as Sir Henry Spelman says ) in King John's time , nondum emicuit , was not yet got up , other than by the name of ( Commune Concilium Regni ) The Common-Council of the Kingdom , came in use , as it is now taken , and the Commons , as they are at this day , an essential , and constituent part of the same , and a third Estate . 6. That the Lords Temporal are one Estate of the Realm , was never doubted ; Mr. Selden begins his Privilege of Baronage with it : and when the Commons came in to be another , I question not but I have fully prov'd ; and if now I shall make it appear , that the Lords Spiritual are one other Estate of the Realm , distinct and separate , from the Lords Temporal ( I hope ) I shall have gain'd my point , and that the King is not one of the Three Estates . In order to which , 1. The Lords Spiritual sit in Parliament , by a different Right , from the Lords Temporal , viz. by Succession , in respect of their Counties , or Baronies , parcel of their Bishopricks ; and the others , by reason of their Dignities , which they hold , by Descent , or Creation . 2. They sit in Parliament , in a different Robe , and on a different side of the House , from the Lords Temporal , and are commanded thither by a different form in the Writ , viz. In fide , & dilectione , &c. And the Lords Temporal , In fide & ligeancia , &c. 3. They have a Convocation by themselves , consisting of an Upper House , viz. Arch-Bishops , and Bishops ; and a Lower House , viz. the Procuratores Cleri , called together by the Kings Writ , and have the same Privilege for themselves , their Servants , and Familiars , as other Members of Parliament ; and grant their Subsidies apart , and distinct from the Lay Nobles ; as may be seen by the respective Acts , by which they have been granted , as also , ratifi'd , and confirmed . 4. The general stile of all Acts of Parliament hath been such , that sometimes the Ecclesiastical Lords are respectively named , as Arch-bishops , Bishops , Abbots , Priors ; as well as the Temporal Lords : and sometimes , by the inclusive name , of the Prelates ; and so to the 10th . of Richard 2. where it is said , By the Assent of the Lords and Commons : under which general words , of the Lords , they seem at first to be included , as if they were but one Estate with them ; were it not in the 13th . of the said King , again said , Of the Assent of the Prelates , and Lords Temporal , and Commons . And in another , of the 20th . By the Assent of the Prelates , Lords , and Commons ; and in the 14.15.16 . and 17. of the same King , By the Assent of his Parliament ; and , the Parliament ; and none of them named apart : from which time , till the 4th . of Henry 4. the word , Prelates , was again continued , and then , thus altered , viz. By the Assent of the Lords Spiritual , and Temporal , and at the special instance , and request of the Commons ; and in the fifth of the same King , By the Advice and Assent of his Lords Spiritual , and Temporal , and at the request of the Commons ; which so continued without any variation in substance , until the 18th . of Henry 6. at what time it became , as we have it now , viz. By the Advice and Assent of the Lords Spiritual , and Temporal , and the Commons . Besides , if the Lords Spiritual were not a third Estate , what is the reason that at the making of the Statute of Praemunire , that the Commons having declared , that they would stand to the King , in the defence of his Liberties ; and praying , that all the Lords , as well Spiritual , as Temporal severally , and all the Estates of Parliament , might be examined , how they thought of that matter . The Lords Temporal , being so demanded , answered every one by himself ; and in like manner , the Lords Spiritual , severally examin'd , answered by themselves : which affords me a double Argument , 1. That by all the States of Parliament there must be necessarily intended , more than two , if it were for no other reason , than mere propriety of Speech . 2. That the King could not make up , that other , or third Estate ; because , he is desired to examin all the States severally , which he could not do , if he had been one of them himself : so in the 40th . of Edw. 3. ( which I should have named first ) when the King asks advice of his Parliament , Whether King John could have subjected the Realm , as ( what in him lay ) he did , The Prelates by themselves , the Dukes , Earls , and Barons by themselves , and the Commons by themselves , answered , That he could not . From which , nothing seems clearer to me , than that the Lords Spiritual , are one Estate , distinct from the Lords Temporal ; or otherwise , what needed they have been examin'd , by those several names , of Spiritual , and Temporal , or as severally answer'd , by the same appellations . 5. And now , if yet there remain'd any doubt , we have one Act of Parliament , clear in point ; where , the question being , whether the making of Bishops had been duly and orderly done , according to Law , the Statute says , which is much tending to the slander of all the State of the Clergy , being one of the greatest States of this Realm . And so , having found Three Estates , without the King , I think ( in good manners ) we ought to spare him . I have hitherto offered some Reasons , nor without their Authorities . I come now to somewhat more direct , if yet , those of the 40th . of Edw. 3. the 16th . of Rich. 2. and the 8th . of Qu. Eliz. last mentioned could be thought otherwise . I 'll begin with the Statute of H. 8. where this Kingdom is called an Empire , governed by one Supreme Head , and King , unto whom a Body Politick compact of all sorts , and degrees of People , divideth in Terms , and by names of Spiritualty , and Temporalty been bounden : and who can believe , that the Authority of a Parliament , should utter any thing in Parables , or under double meanings , contrary to the common sense of the express words , or that there was ever intended , by the words , ( divided in Terms , and by names of Spiritualty and Temporalty ) so many mere words , and no more ? However , to take off all doubt , Sir Edw. Coke says , The High Court of Parliament consisteth of the Kings Majesty , sitting there , as in his Royal Politick Capacity , and of the Three Estates of the Realm , viz. the Lords Spiritual , the Lords Temporal , and the Commons : And so Cowel , The word Parliament , in England , we use it for the Assembly of the King , and the Three Estates , viz. the Lords Spiritual , Lords Temporal , and the Commons . And , Title Statute , he saith it signifieth , a Decree , or Act of Parliament , made by the Prince , and the Three Estates ; unto whom ( as I said before ) they are subordinate , in the Legislation , and of no Power of themselves , but joyned to their Figure , have the full strength of their places : which in short we may thus farther demonstrate , under the familiar instance of a Dean , and Chapter ; of whom , the Dean is no part , but ( Caput Capituli ) the Head of them . And now if any one shall demand , why this term of the Three Estates does not so frequently occur to us , of Ancient time ; I answer , That before the Commons were brought in , there was no thought of it ; and since that time , no dispute of it ; until of late , where many a worse twig was ( even learnedly ) made use of , to stilt , and bolster a Ricketed Cause· However , it is not too late , that the Point is cleared now . And so we have it , in the Act for Unifermity of Publick Prayers , made the 14th . of this King , where the Form of Prayer , for the Fifth of November , is thus entitled , A Form of Prayer , with Thanksgiving , to be used yearly , on the Fifth day of November , for the happy deliverance of the King , and the Three Estates of the Realm , &c. And with this agrees the Kingdom of Scotland , of which , Mr. Cambden , in his History of Britain , says , That their Supreme Court , is their Parliament , which consisteth of Three Estates , The Lords Spiritual , the Lords Temporal , and the Commons , for Cities , and Burghs : of which , the King is Directus totius Dominus . And so a Parliament of that Kingdom reckons them : It is ordained by the King , by Consent , and Deliverance , of the Three Estates . And the Act of asserting the Kings Supremacy over all Persons , and in all Causes Ecclesiastical ; and the late Indictment , against Argile ; and the Acts , for the Acknowledging , and Asserting , the Right of Succession , to the Imperial Crown of Scotland : And that other , for ratifying all former Laws , for the security of the Protestant Religion , agree in point with it : Nor is it strange they should , inasmuch , as neither their Langue , nor their Laws , especially , such as are criminal ( as may be seen , by comparing their Regiam Majestatem , with our Glanvil , De Legibus , written in Henry the Second's time ) much differ from ours : And the Union of the two Crowns , in the Person of King James , is called , An Union , or rather , a re-uniting of two Mighty , Famous , and Ancient Kingdoms , yet anciently , but one . And that the Laws of Ireland ( a distinct Realm , or Kingdom , from both ) say nothing of this matter , I take it to be , for the same reason , that the Romans made no Law against Parricide , They never dreamt it . SECTION VII . Admitting what has been before offer'd , wherein has our present King merited less than any of his Royal Ancestors ? with a short recapitulation of Affairs , as they had been , and were at his Majesties most happy Restauration : and that he wanted not the means of a just Resentment , had he design'd any . I Have hitherto shewn , that the Crown of England , &c. is Supreme , Sovereign , and Imperial ; nor will it be from the purpose now , to demand , Wherein has our present King , less merited , than any of his Regal Ancestors , that it should appear less on his Head , than theirs ; especially considering he is so far from not getting up to 'em , that ( his Royal Father only excepted ) he has out-gone them all in his own example ; albeit he wanted not the too many just occasions of having been otherwise . To recapitulate some few of them ; nor is it less than fit , to burn Incense , where ill Odors have been cast , or rais'd . To have seen ( then ) three famous Kingdoms , that had so often acknowledg'd his Princely Progenitors , their undoubted Heirs , ( like Aesop's Pots ) broken , against one another : To have examin'd the Quarrel , of which ( whatever were the pretences ) nothing other was in the bottom , than to kill the Heir , and divide the Inheritance : To have beheld his Glorious Father , Disarm'd by one Party , and in that condition , left to the growing designs of another , and the merciless Cruelty of both : To have consider'd him , not forsaken only , but ingratefully edg'd forward to his Destruction , by those Mushromes , whom his Royal Influence had fermented into somewhat : To have recollected his many Messages , fruitless Treaties , and that after all condescensions , nothing would content them , without the Kingdom also : If there be yet room for a thought ; to have remember'd ( after the Faith of both Houses given him ) how he was brought to Jerusalem to be Crucifi'd by the Jews : To have once more remembred , Him , The Fountain of all Law , Justice , and Honor , publickly arraign'd , by the Tail of the People , and that too , under the false detorted names of Law , Justice , and Honor of the Nation , nor without the Fucus of their Religion also , brought in , to sanctifie the Ordinance : To have remember'd him ( I say ) Traiterously Sentenc'd by his own Subjects , and as ignominiously ( even while the Heads of the Faction ( as the Phrase of that time was ) Were seeking God ) Infesto Regibus exemplo , Securi percussum , and Murder'd before his own Palace ; Kingly Government abolish'd ; the Name , Stile , Title , and Test of the King , alter'd into , The Keepers of the Liberty of England , by Authority of Parliament : That notion of a Parliament too , which by the same fatal blow , cut themselves off , also : Let me not seem tedious , to have remembred himself , Proscrib'd , and thereby , made High Treason , to Proclaim him King ; The Oaths of Allegiance , and Supremacy damn'd ; The Royal Ensigns defac'd ; The Coin alter'd ; The Regal Statue thrown down , and under that Vacancy , Engraven , Exit Tyrannus , Regum ultimus , Anno Libertatis restitutae , primo : In short , to have remembred his helpless Friends , either starving at Home , or by not complying , necessitated into Forein Arms , and not the least number of them , so unfortunate , as to have surviv'd the Ruines of their ( once ) Families ; and lastly , the more unhappy himself , that could only look on and pity them . — Quis talia fando , Temperet ? — What private Gentleman could have born it ? But perhaps you 'l say , he wanted the opportunity ; I think not : For if we consider him , as he was at that time , not only return'd from his Fathers Allies , but the same Profest Son of the Church of England , he first went out , and in that , the Darling of the People ; what particular person , or number of men , might he not have singled from the Herd , as a just Sacrifice to his Fathers Ashes , and his own Revenge ; had he design'd any ? He had an Army at his beck ; The Navy regenerated ; All Forts , and Garrisons re-inforc'd with Royalists ; The Country return'd to its former Allegiance ; and the City , crying out , Yea , let him take all , since my Lord the King is return'd to his own House in peace ? What ( I say ) might he not have done ? especially considering , that such as had been obnoxious , could not but expect , that the Cloud must break , and be afraid , where it might fall , and consequently ready , each man to have given up his nearest Relation , to save himself , — Et quae sibi quisque timêre Unius in miseri exitium convertere — Can a Mother forget her Son ? Or a Son , such a Father ? And yet , Quanquam animo redit usque Pater , tamen excutit omnem , Rex melior — he so far forgot it , as to avoid the occasions of remembring it : Nay , which of his Enemies lookt up to him , and return'd empty ? Was not the Childrens Bread thrown among them , while the helpless Orphans scarce lickt up the Crums ? And has not that fulness of Bread , provok'd them into wantonness ? They have eat , drunk , and now rise up to play ; and 't is a shrewd sign they are idle , when nothing will serve them , but they must be Sacrificing in a Wilderness ; yet , what greater Testimonies could there be , of an entire Forgiveness ? And if so , this methinks should at last mind us , that as Vapors rising from the Earth , stay not long in the Air , but fall on the same Earth again , That we also , as truly sensible of the Mercy , return him ( at least ) the grateful Acknowledgments of an humble Obedience . SECTION VIII . That notwithstanding the hard Law of the Kingdom , the Jews paid their Kings , an entire Obedience . Two Objections answered . The like , other Nations to their Kings . A third Objection answered . The Precept of Obedience is without restriction ; Examples upon it : Nor is Idolatry any ground to resist ; much less , things indifferent . The example from our Saviour in Instituting his last Supper . Least of all , is injury , with the practice of Holy men of old , in like cases . And that if any ground were to be admitted , that , would never be wanting . I Gave an account before , of that hard Law of the Kingdom given to the Jews , and yet we find not throughout the Story , that they did in the least repine at it , but rather the contrary ; for when upon the Constitution of Saul , some Children of Belial , ( for so the Text calls them ) had despis'd him , saying , How shall this man save us ? The People ( whose hearts God had toucht ) in the next Chapter , ver . 12. say unto Samuel , Who is he that said , Shall Saul reign over us ? Bring the men , that we may put them to death . And what value they put on their Kings Person , may be seen in this , that Saul's Armor-bearer , chose rather to kill himself , than perform that last ( if yet I may so call it ) charitable Office , to his distressed Master , then ready to fall into his Enemies hands , and praying it ; neither would the People suffer David to go forth before them to Battel ; For if we flee ( say they ) they will not be much concerned at it , neither if half of us die , will they care for us ; but thou art worth ten thousand of us . In short , he that was King among them , did whatever pleased him ; And whatever the King did , pleased all the people . And was not this a perfect love between a King and his People ? was there ever a more exact , or entire Obedience ? An Obedience , to be reckon'd for Righteousness ? And yet , what new paths do we take to our selves ? when , if we would but examin Holy Writ , we might find that , every where directing us to our Duty . As , 1. Negatively ; in that we are commanded , not to think ill of the King ; Curse not the King , no , not in thy thoughts : much less then , may we speak it , Thou shalt not speak evil of the Ruler of thy people . Least of all , may we do him hurt : Touch not mine Anointed . 2. Affirmatively , We are commanded to keep his Commandments , and that in regard of the Oath of God : Neither may we give him any just cause of anger ; Whoso provoketh him to it , sinneth against his own soul. To which , if any one shall say , they were Kings themselves , that spake it , and 't were much they could say nothing in their own behalf : I answer , That besides that it has been ever receiv'd for Holy Writ , Job , who wrote many Centuries , before there was any King in Israel , puts the question , Is it fit ( saith he ) to say to a King , thou art wicked , or to Princes , ye are ungodly ? The Interrogation is affirmative , and after the manner of affirmative Interrogations , concludes negatively , i. e. No , it is not fit ; for , says the same Eccles. ( which is another of the same ) who may say unto him , What do'st thou ? To which also if it be yet objected , that this Law was given to a peculiar People , and that no Law ( but the Law of Nature , which is immutable ) obliges any , to whom it was not given : I answer ( as before ) besides that it is Holy Writ , what inconvenience is it , if we give the same credit to God Almighty , we generally allow to other Law-givers ? and the rather , in that God , is not the God of the Jews only , but the Gentiles also . That Reverence , the Jews paid their Kings , by a Written Law , the Ancient Heathens took up from a mere impulse of Nature ; and yet , what the manner of their Kingdoms were ( in that the Jews did but desire to be like all other Nations ) you have had before . Q. Curtius tells us , that the Persians had such a love to their King , that Alexander could not persuade them , either for fear , or reward , to tell him whither their King had fled ; or reveal any of his intentions . In like manner , when Xerxes fled from Greece , in a small Vessel , so full of men , that it was impossible for him to be sav'd , without throwing some over-board ; the Nobility leapt into the Sea , and by their example , others , till the Ship was lightned , and the King preserv'd . And so Boëmus Aubanus , speaking of the Aegyptian Kings , saith , that they had so much love from their People , Ut non solum sacerdotibus , sed etiam singulis Aegyptiis , major Regis , quam uxorum , filiorumque salutis , inesset cura , That not only the Priests , but every one of them had a greater care of the Kings safety , than of their Wives , and Children . And in another place , speaking of the Tartars , Albeit their King ( saith he ) upon his Inauguration , tells them , Oris mei sermo , gladius meus erit , My word 's my Sword ; and that all things are in his power , and no man may dwell in any part of the Land , but what is assign'd him by the King ; yet , nemini licet imperatoris ve●ba mutare , nemini latae ab illo sententiae qualicunque modo contraire ; No man may alter his Decree , or in the least tittle dispute his Commands . Besides all which , the obsequious impiety of elder times , attributed the name of God to their Emperors ; and whence ( perhaps ) it might be , that Joseph swore , By the life of Pharaoh ; — Sceptrum , capitisque salutem Testatur — And the Romans , By the Majesty and Genius of the Emperor : And the drinking his Health , at Publick Feasts was decreed to Augustus ; as we have it in Peter Ursinus his Appendix , where also , he cites S. Ambrose , speaking of the custom of his time , Bibamus ( inquiunt ) pro salute Imperatorum , & qui non biberit , sit reus in devotione : Let us drink ( say they ) the Emperors Health , and let him be damn'd that refuses it ▪ in which the Father taxes not the thing , but their ill of doing it . In the offering of all which , let me not be mistaken , as if I design'd to insinuate , that such a Power as those Kings I so lately mentioned , did exercise , might be practicable now , or any municipal Law , alter'd ad libitum ; no , that were to justifie that Arbitrary Power , so often talkt of , and against which , our present King , hath so publickly declar'd ; the absolute , and unlimited Sovereignty , which they have by the Ordinance of God , having from time to time ( by their Bounty ) been limited , and bounded in the ordinary exercise thereof , by such Laws , and Customs , as themselves have given the Royal Assent unto , and allowed ; so that in effect , it may be said , What have we , that we have not received ? Upon which score it is , that a Subject may maintain his Right , and Property , and have Judgment against the King ; and in such cases , the Judges are bound to right the party , according to Law : And there are many things also , of which it is said , The King cannot do them , i. e. because he will not do them ( quia refragantur ordini ) as being contrary to the Law , and Order , establish'd in his Realm : And therefore , neither can our Kings , or ought they in common justice to be esteem'd , or thought the less , when they have scatter'd any Flowers of their Crown on their Subjects , in asmuch as the root rests in the same place , and is as productive of more , when deserved . But suppose ( may some say ) the King be a wicked King , a Tyrant , an Idolater , or however else the licentiousness of an enrag'd Rabble may render him , may not the subordinate Magistrate , the Nobility , or People , restrain , or remove him ? I answer , No ; for besides that the Precepts of Obedience to Kings , are without restriction , and therefore extend to all Kings , be they what they will ; if it be not lawful for me to judg another man's Servant , how much less then , my own Master , whose Power over me is just , tho it may so happen , that he use it unjustly ? The Israelites had a sharp bondage under the Egyptians , and wanted not numbers to have made their party good : The Land was filled with them , and Pharaoh confesseth them , the more mighty ; yet they thought it better to quit the Country , than rebel : Nor was their condition much improv'd in Babylon , and yet they are commanded to offer Sacrifices , and pray for the Life of the King , and of his Sons ; and to seek the peace of the City where they were Captives . Samuel pronounced the rejection of Saul ( whom also , David afterward spar'd ) yet neither incited the People to rebel against him : Nebuchadnezzar , Achab , Manasses , were Idolatrous Kings ; and yet Daniel , Elias , and the Holy men of those times , continu'd their Obedience , and tamper'd not with others , to infringe theirs : What shall I add ? our Saviour commands us to give unto Caesar , the things that are Caesars , and the Apostle who exhorts , That , first of all , supplications , prayers , &c. be made for all men , forgets not more especially , Kings , and all that are in Authority : In short , the Primitive Christians resisted not their Idolatrous Persecutors , and yet contrary to the opinion of Bellarmin , and Buchanan , they wanted not numbers : Vestra omnia implevimus , ( saith Tertullian ) urbes , insulas , castella , municipia , conciliabula , castra ipsa , decurias , Palatia , forum , Senatum : cui bello non idonei , non prompti fuissemus , qui tam libenter trucidamur , si non apud disciplinam nostram magis occidi liceret , quam occidere ? We fill ( saith he ) the whole Empire , your Cities , Princes Houses , Castles , Corporations , Councils , your very Camps , Courts of Justice , Palaces , Market-places , Senate ; with whom are we not able to make a War , who so willingly offer our selves to the slaughter ? did not our Religion teach us , that ( in such cases ) it is better to be killed than kill . But instead of it , pray'd , That God would give them , Vitam prolixam , Imperium securum , domum tutam , exercitus fortes , Senatum fidelem , Populum probum , orbem quietum , & quaecunque hominis aut Caesaris sunt vota . A long Life , a secure Empire , safe House , valiant Forces , a faithful Council , loyal People , quiet State ; and whatever were the desires of a man , or Emperor : They preferr'd God , before Julian's Idolatry , yet , when he said , March , they obey'd him . And if Idolatry be not ground for a Subject to resist his Prince , much less then may cases of lesser consequence , which touch not the Foundation , but are only circumstantials : And of this kind , are all ( Adiaphora ) things in themselves indifferent , whether to be made use of , or not made use of , however , coming to be commanded , by a lawful Authority , the indifferency ceases , and every man is obliged in Conscience to comply with the Command , as especially in such cases , where he has made himself a party , by his Representative ; and from which , if he might retract , by saying , it was not the sense he meant , why also might not the King , in some other case , say , he was mistaken , when he gave the Royal Assent ? for I do not find , that the Subject here , shall be in a better condition , than the King. And then , make the consequence who will , which is as easily done , off-hand , as other matters , that require no study . And here I might instance several Ceremonies , which , albeit they were first devised by man , for the more decent order in the Church , and tho the keeping , or omitting them , is in it self , but a small thing , yet the wilful , and contemptuous transgression , and breaking of a common Order , and Discipline , is no small offence , against that rule of the Apostle , Let all things be done in a seemly and due order : and is no more of private interpretation , than is Scripture , which ( like the Law ) pronounceth nothing , but in the mouth of a Judg. To speak once for all , our Saviour who was an Hebrew , amongst whom , the Roman Customs were not so altogether in use , gives us a remarkable example , in this matter , and I think no man will question his Authority , — Solem quis dicere falsum Audeat ? He was ( I said before ) an Hebrew , and yet , if we examin his converse among the Romans , we shall find it generally , comporting to their manners . To pass the rest , that one of Instituting his last Supper , seems to me to carry no small force : The Triclinium ( a Bed , not unlike our Couches without backs , but broader , on which the Romans at their Feasts , lay in a manner extended , on their Sides , Breasts , or Elbows ) was not in use among the Jews , that ever I yet met , or learn'd ; yet when our Saviour was to keep the Passover ( which the Jews did , their Loins girt , their Shoes on their feet , their Staves in their hands , and in hast ) the Text says , Discumbebat cum duodecim , which signifies the manner , how the Romans used those Beds ; and from whence S. John is said , to have leaned on his bosom : yet admitting , that he sate down , it is enough , to prove , that it was not the Jewish custom , for they stood : besides , the form of the Table seems to have been Roman , viz. Orbicular , or Oval ( of which kind , we have several figures , in Rosinus , Lipsius , and others ) and the reason of it was , that every ghest might put his hand in the Dish , without reaching over another : and this is further plain , by that answer of our Saviour , to his Disciples , asking him , who should betray him , Qui intingit manum in Paropside , &c. He that dippeth his hand with me in the Dish , the same shall betray me : neither is it possible it could have been a long Table , for then , how could our Saviour ( as we have it in another Evangelist ) have given him the Sop ; in as much , as Judas being the last of the twelve ( and perhaps for that reason also , carrying the Bag ) must in all probability have sate lowest , and out of reach of the Sop , as well as of the Dish : from all which I infer , that if our Saviour , who was no Roman , conform'd himself to the customs of the Roman Empire , to which the Jews , were at that time Tributary , how much more then ought this be a sufficient ground to us , whereby to follow his example ; especially , in matters , otherwise indifferent , where they are not commanded ; it being but reasonable , that in standing weight , even a grain of Authority should turn the Scale . Least of all then is injury any ground for a Subject to oppose his Prince ; inasmuch , as no man can be said to be injur'd by him , of whom , by the Law of God , and man , he can take no revenge , without a greater injustice . S. Peter was reproved by our Saviour , for drawing his Sword against Authority , tho in defence of his Master : S. Paul checks himself for a bare slip of his Tongue , against the High-Priest : And look back into the Old Testament , those times also , hold no such custom , but rather the contrary : Thus Moses , and six hundred thousand footmen , besides children , and a mixt multitude , fled from Pharaoh : David , in the head of an Army , ( and those , if we consider the persons , desperate enough ) from Saul : And Elias , from Jezabel , seven thousand men yet left in Israel , that had not bow'd their knees unto Baal : And as they fled , others supplicated : So Jonathan , for David to Saul : Ebedmelech , for Jeremiah , to Zedechiah : And Esther ( a Queen ) for her Nation , to Ahasuerus . In short , if any cause should be admitted , for which Subjects might resist , that cause , would never be wanting , against any Prince ( let him reign never so justly ) whom the people shall call an Idolater , or Tyrant ; and how easie it will be , to conclude him one , or both , especially , where they that take upon them to give the Sentence , shall make the case , I leave it to every man : Impiety must be the ground to accuse him , and that , the common pretence , whereby to depose him ; as if a King , like a Chinese god , might be whipt into a compliance , or if that will not do , thrown in the fire , and another set up in his room , during the same pleasure , or better behaviour . In a word , I spake erewhile of flight , and supplications , but they that are too stiff for the one , will rarely bend to the other , unless ( when they can do no more ) they appeal ( from the King , to Alexander ) from himself , unto himself , as presuming , that private Spirit which knows not how to deny , will yet so prevail on his publick capacity , that he will remit any thing . SECTION IX . The Arts of the late times in working the People from this Obedience . It was to be done piece-meal . The Kings Necessities , answered with Complaints . Plots discovered ; Fears and Jealousies promoted . Religion cants its part . Leading men , some to make it Law , others , Gospel ; The examples of Corah , &c. The same Game playing over again : Prognostications , &c. The ill consequence of such Impressions . The examples of Cade , Tyler , and others . Holy League in France ; Solemn League and Covenant , at home , &c. New Trains to the old Fuel . Our Saviours advice to his Disciples touching the leven of the Pharisees : What that , and they were , made applicable unto our selves . I Have brought it thus far , that Princes are to be obey'd , and yet , ere I close the Argument , it will not be from the purpose , if we examin how the People were wrought from it in the late times , and of what ill consequence , the like impressions may be at present . Wise men are safe , they have wit enough to keep within themselves ; but , 't is the Mobile vulgus , the Ignota Capita , Sine nomine turba , that only fall within my discourse . And truly , considering this Kingdom in its self , — Potens armis , atque ubere glebae , A Land so considerable abroad , and fruitful at home , That Virtue , and Fortune , which ( according to Florus ) seem'd to have contested about the raising of the Roman Empire , might have been truly said to have concenter'd here : And withal , considering the evils we have past , and the happy days we might enjoy , if we pleas'd our selves , it would confound Astrologers , to observe such Planets , such masculine Planets , Ascending , in Conjunction , in the Houses of their Exaltation , and yet the Kingdom , Planet-struck . — Pudet haec opprobria dici ; Et dici potuisse , & non potuisse refelli . To examin it a little further , and the rather , for this , that by viewing the Cards , by which the last Game was play'd , we need not be once more cheated , unless we please our selves . That the People were so beset , is agreed of all hands : Whither do Rheumes , and Humors resort , but to the weakest parts ? yet , this was not to be done all at once ; no , they were first to be prepar'd , and then so dispos'd , that they saw nothing but ( sub imagine lusca ) by a dull false light . To have askt the People about sixty years since , if they would have taken Arms against their Prince , That Prince , whose Ancestor had given them so much , they could not readily tell , what to ask more ; no doubt but they had startled at the question , and answer'd , as Hazael to Elisha , Is thy servant a dead dog he should do this thing ? No , that was a gobbet too large for their throats ; but given bit , by bit , there was no danger of the swallow , were it never so raw . Seldom appears the Devil so ugly as the Painters make him , that were enough to convince an Atheist ; but when he offers himself as an Angel of Light , who would suffer him to shake off the dust of his feet on them ? And here , Religion was a main instrument , but it must stay its time : no man serves up the last course , till the first , and second are over : the King was to be first reduc'd to necessity , to the end , that being forc'd to extraordinary means for supply , he might attract an odium : nor must he be supply'd , but from hand to mouth ; however , what he might want in that , he had it otherways , press'd down , and running over : complaints of Grievances , Treasure mis-spent , Necessities contracted by mis-providence , Remonstrances against Favourites , not forgetting the Old Ingredients , of Growth of Popery , and Arbitrary Government : and if this was not the Art of that time , my Author has done them wrong , and that he is seldom guilty of . By this time the People were shod with the Preparation of the Work ; and now , the French are ready to land , and the old Vault smells rank of Powder again : The Kingdom must be put into a posture of Defence , and the Militia into Confiding hands ; Fears and Jealousies promoted ; Bishops , and Popish Lords Excluded ; the Well-affected Counties Associated ; Monies raised ; themselves Perpetuated ; Publick-Faith set up ; the Excise slurr'd on the People for repaying it ; and the holy Covenant , to pin the Basket : And one would think they had laid in well enough , and yet , besides the 11 Millions ; which the Plate , Rings , Bodkins , &c. within London , Essex , and Middlesex , besides other Counties , amounted to , it is publickly declar'd , That if any Papists , would bring in any considerable Sums , upon the Propositions , they should be received ; albeit they tax'd his Majesty for raising an Army , by the help of Papists ; as their Disciples , some years afterward , hired Owen Roe O Neal , to raise the Siege at London-Derry in Ireland , then Beleaguer'd by his Majesties Forces ; not without suspicion , that they over-paid him his Wages in a Parting Glass . And now 't is time that Religion Trump up , and justifie all they had already laid , or were to act for the future . A painful , Gospel-Ministry , must act its part , and S. Ant'lins Lectures , lead the way to the Artillery-yard : in order to which , they beat down morality , that having swept the house of one Tenant , it might be the readier for another . Ye must not ( said they ) plant Gospel-Truths on legal Foundations , or the rotten Crab-stocks of carnal Principles : who ever found fault with Fresh Herrings ? and shall we despise Truth because 't is a novelty ? 't is a sign men have a mind to sleep , when they draw their Curtains , and will have no more light come in : whereas , it is your work to enquire after further light : To call out , what of the night ? How much of the night of Popery and darkness remains ? How near are we to the taking the possession ? and how long may we be kept off ere the Scepter of the Kingdom be advanced ? And is not this fine stuff ? And yet the Pulpit-Drums of that time beat no other March : And all this by Scripture too ; nor ( as to themselves ) without reason : Don't we give Children Hony and Raisins , with their Worm-seed ? and g●ld Pills , for men of riper years ? Did ever Dog swallow a Cork without Butter ? or even a Fool , Angle , without hiding his Hook in a Bait ? No , no , the Needle must be first in , and the Thred follows of course . Absalom had never gotten the People to him , had he not mask'd his Rebellion , under a Vow at Hebron ; for the Text says , They went in their simplicity , and knew not any thing . Yet it was not to be expected , that Religion alone should carry on the work , or that the same old drudg Cloak , should still hold out Rain , without a new Lining : Wisdom built her house on more Pillars than one , and a mere Foundation was too hazardous for their new Jerusalem , without Props and Buttresses : And therefore , to prevent the question , Do any of the Scribes follow him ? there must be Hinters , as well as Holders-forth ; Leading-men to countenance that for Law , which their Assembly had predetermin'd , should pass for Gospel . Corah and his Companions , were of the Tribe of Levi ; Dathan and Abiram , of the Tribe of Reuben ; Heads of Families , men famous in the Congregation ; Clergy , and Laity ; dissembled Sanctity , to usurp'd Authority : And that their Quarrel was Government , under the pretence of Religion too , appears by what they said to Moses , and Aaron , Ye take too much upon you , seeing all the Congregation are holy , every one of them , and the Lord is among them : wherefore then lift ye up your selves above the Congregation of the Lord ? So Adoniah ( when his Father David , the Kingdom of the Jews being not yet become Hereditary , had caused Solomon to be Crowned King , while he yet lived ) the better to colour his pretence to it , took to him Abiathar , the High-Priest , and Joab the Captain of the Host : And who would think it strange , that a short-sighted , Sand-blind Multitude , should scruple to follow , where such Guides lead them ? I have hitherto with what briefness I could , accounted some slights of hand within our own memories ; and shall it be reckoned to our inadvertence , or folly , that they pass twice in the same Age ? That the Devil was once in the Herd , we have Authority enough ; but that he never should quit it , we hold no such Prophesie . And yet methinks the Game is playing over again , or else , what meaneth this bleeting of the Sheep , and lowing of the Oxen ? this talking with the People upon the Wall , or making them believe , that they , that came into the world ( as Cato into the Theatre ) only to go out again , should yet be the Saints that are to judg , and inherit it ? why must they that carry their Souls in their Eyes , and their Brains in other mens Heads , be once more buzz'd with Laws , Liberties , Conscience , Dissatisfaction ? or ( like Larks ) dar'd to the Net , with every thing ? Prognostications , Prophesies , Prodigies , &c. which , albeit ( like Mercenary Soldiers ) they may be brought to fight on either side , yet every man superstitiously interprets them to his own advantage , and lets them speak no other Language , than what his wishes , hope , or fear , put in their mouths : In short , we have had enough of the Arts by which the people have been already impos'd on , nor will it be unworth the while , if we consider , of what ill consequence , such , or the like impressions , may further be to them ; inasmuch also , as those Spiritual Druggists , give out the Commodity without garbling , and vend what they please among the Rabble , for staple Goods and warrantable . Man , as he is a rational , so also is he a compound , gradual Creature , the way to his reason , being by his sense , and appetite , which being disturb'd , or prepossess'd , how is it possible for him to take any thing aright , more than for him that is out in the premisses , not to be worse mistaken in the conclusion ; or , than that a Bowl , deliver'd short , or narrow at hand , should ever come up with the Block : some Birds are whistled into the Snare , others driven , and Dotterils caught by imitation of such postures , as others put themselves into : Argus had an hundred eyes , and yet was surpriz'd sleeping : The evil one in the Gospel , sow'd tares , while the Husbandman slept ; and what worse effects may not such impressions have upon the multitude , whose whole life is but one long slumber ; or at best , Per pocula noctes ? And therefore considering them ( as the Athenians in the Acts ) ever spending their time in nothing else , but either to tell , or hear some new thing ; or , taking them , as they are , weak in judgment , but violent in will ; believing , as they affect , and presaging , as they believe ; how easie is it to make them serviceable , to any aspiring design , shall be cast before them ? And if so , how are they to be entrusted with themselves ? much less , to be lasht down-hill especially , if when we have any credit to the Poet , we also allow him in the advice to Phaeton , Parce ( puer ) stimulis , & fortius utere loris , Sponte suâ properant , labor est inhibere — For tho they would be quiet enough , if their drivers would let 'em , yet if once they get the Bitt in their teeth , or find the Reins lie loose on their necks , they grow wild , unruly , seditious , and no longer apt to be govern'd , or ruled ; and as another on the like occasion , — Non audivere jugales Imperium , & prono nec sat stetit orbita coelo . And therefore the Psalmist , that reckons it among the Prerogatives of God , to still the raging of the Sea , subjoyns immediately , and the madness of the People . Who would have thought , that Jack Cade ( alias ) Captain Mend-all in Henry 6th.'s time ; Jack Straw , and Wat Tyler in Richard 2.'s time , and their Rabbles , could have done any mischief ? and yet , they put the Kingdom into such a Convulsion , that it required some time ere it recover'd its limbs . And here , I wonder any Citizen of London can look upon the Bloody Dagger , in the dexter Canton , of the City Arms , and not remember the Loyalty of Sir William Wallworth , then Lord Mayor of London , who with his own hand , knockt down Wat Tyler , in the Kings presence , in Smithfield , and and thereby dispers'd the Rabble ; in memory of which action , that Augmentation , was first given them . In like manner , That of Thomas Anello ( or Massinello ) in Naples , about 34 years since , where so inconsiderable a thing , as the Gabel on a Basket of Fruit , or Fish , rais'd the People into a Rebellion of above 200000 men , in less than five days ; wherein ( ere it ended ) 't was odds , but the Neapolitan Courser , had ( for all the Bridle , and Saddle ) thrown his Rider , had not the Policy of that time , thought the acquest of a disputable Crown , of less concern , than the setting up again a declining , but popular , emulous , not to say pretending Family , and giving it once more , the opportunity of an Estate , that was but too mighty in Obligations already . Add to this , the late Assassination of De Witt , and his Brother , in Holland , by a wild Rabble , which also , had not been so easily quieted , were it not natural with the common People , enragedly to vent themselves on the stone that hurt them , and never regard the hand that threw it . And yet in all this there was no pretence of Religion ; but it heightens the case when that shall be edg'd in , to blanch the design : and however the voice may be the voice of Jacob , it seldom happens , but that the hands , are the hands of Esau. What mischiefs , did the Army of God , and the Church ( for so they stil'd themselves ) in King John's time ? The Holy League , in the time of Henry 3. of France ; which , albeit himself entred into , for the Extirpation of the Hugono●s , yet it was not long ere it was turn'd upon him : John of Leyden , and Knipperdolin in Germany : The Sword of the Lord , and Gideon ( as it was then called ) under John Knox , in Scotland : And the Solemn League and Covenant in our own times ; the Brands of which are it seems ) not so altogether extinguish'd , but that they , more than once , began to take fire again , tho the flame were prevented . And do we not find , that in all these , a demure , down look , and an uplifted eye , went more than half way , and a mistaken violence , the undisputable Character , of a zeal to the cause ? How much therefore , have the people more need of a Pendulum , than Fly ; somewhat to moderate , not multiply the motion ? it being here , as with Gossips Tongues , much easier to raise the Devil , than lay him . Who ever put a Sword into a mad-mans hand to keep the Peace with ? or entrusted an Ape to range in a Glass-shop ? yet such , or worse must it be , where the People are the Reformer , who never examin what they are doing , but how to run farthest , from what they were last . And if so , what mean these new Trains , to the old Fuel ? Jealousies , Murmurings , Repinings , Libels , Licentious Discourses , false News , half Whispers , Disputing , Excusing , or Cavilling upon Directions ; sometimes praising the Government , yet but slightly ( at most ) and that too , not without some pity of Defects , and ill management — Ay but — and a shrug — It were to be wish'd — but who can help it — we had — and may have again — however — a good man — 't is pity : and what 's all this , but the blowing one up , to break him , or lifting him from the ground , to be the surer of throwing him ? or , is it not what the Psalmist speaks of , Sagitta volans in die , &c. The Arrow that flieth by day , and the Pestilence , that walketh in darkness ; for tho it be not level'd at any particular mark , it cannot be , but that it must hit some body , as being shot among a crowd ; and so not improperly , in S. Hieroms Translation further rendred , by Daemonium meridianum : And truly if the Conventicles at this day ( as the Preamble of the Act for the Preventing , and Suppressing Seditious Conventicles , and Sectaries , says ) did not under pretence of Tender Conscience , contrive Insurrections , why might they not be contented with enjoying their private Opinions within their own Families , and any other number of persons , not exceeding four ? But alas ! alas ! Religion is not the matter , but following , and Parties : Is it peace Jehu ? What hast thou to do with peace ? Get thee behind me : They carry ( 't is true ) peace in their mouths , but their hands , are making ready to Battel . I 'll close this point with the double advice of our Saviour to his Disciples : Beware of the leven ( i. e. the Doctrin ) of the Pharisees : for the better understanding of which it is requisite that we consider them as they were , that is , a sort of men of the strictest Sect , of the Jewish Religion , appearing outwardly ( more than ordinarily ) righteous unto men , but within , full of hypocrisie , and iniquity : for , they did works , but to be seen of men : they shut up the Kingdom of Heaven , against others ; but , enter'd not themselves : they made long Prayers ; but , under that pretence , devour'd Widows houses : they tyth'd Mint , Annise , and Cummin ; but , neglected the weightier matters of the Law , &c. and therefore our Saviour calls them eight times , in the same Chapter , Hypocrites ; and their Doctrin , Hypocrisie . Besides ( as Josephus says of them ) they were subtil , proud , scrupulous , such as were able , openly to practise against Kings , and presumed to raise War against them , and among them : for , whereas all the Jewish Nation , had by Oaths , oblig'd their fidelity to Augustus , these men , to the number of 6000. and upwards , refus'd it . And truly the very word ( Peruschim ) whence the name is derived , speaks little less ; for it comes from the Hebrew Verb , Parasch , which in the Conjugation Piel , signifies to divide , or separate ; in which acceptation , they are by the Greeks , called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. Separatists . And by the well observing this , we shall be the better enabled , to follow that other , Take heed that no man deceive you ; for many shall come in my name , and shall deceive many : for there shall arise false Christs , and false Prophets , &c. Behold , I have foretold you : wherefore , if they shall say unto you behold he is in the Desert , Go not forth ; Behold he is in the secret chambers , believe it not : What our Saviour here said to his Disciples , he said to all men , in them ; and therefore , to make it applicable to our selves : when any such Prophet , or dreamer of Dreams , shall offer us peace , in the Wilderness of a Multitude , and Religion in the lurking holes , or covert of a Conventicle , that voice had need continually sound in our ears , Go not out ; and , believe it not , be as often redoubled ; for much better it is , that we leave the Ark to shake , as it shall please God , than follow any unworthy hands , that may pretend ( even a Call ) to support it . SECTION X. A further enquiry , Whether any Exclusision of his Royal Highness the Duke of York may be of more advantage or disadvantage . The advantage propos'd ; and whether an Act for security of Religion , be not as safe , as a Bill of Exclusion . The moral impossibility of introducing the Romish Religion , tho the Prince were of that Persuasion . The reason why the Kingdom follow'd the Reformation under Edw. VI. Qu. Mary . Qu. Elizabeth . That the case cannot be the same at this day . The Crown of England , an ancient Entail ; with the danger of Innovations . Objection , That such things have been done . So has a King been murder'd . More particularly answered , in Edw. IV. Qu. Mary , and Qu. Eliz. all three excluded by Parliament , yet came to the Crown . No man changes , but in hopes of better . The advantages of continuing as we are . It is a bar to Pretenders . The same , as to Competitors . Disorders avoided . No new Family to be provided for . The indignity of a Repulse avoided . Suppose Scotland , and Ireland be of another Opinion ; the former of which has by Parliament asserted the Right of Succession of that Crown , notwithstanding any Religion , &c. Lastly , all occasions of Jealousie taken away . Objection , answer'd . Disadvantages that have attended the laying by the Right Heir . Examples from old Rome ; and Vsurpations at home . The Revolt from Rehoboam ; our loss of France . With a conclusion from the whole . More particularly , as it relates to his Royal Highness . I Am fal'n upon an Argument , of which , some may , I could not be content to do , but I must over-do ; and yet ( permissu Superiorum ) I conceive , not : for besides that my design in it is plain , and honest , as only tending to the continuance of that peace , which , his Exclusion , may probably endanger ; it is none of the non disserenda , nor is there ( that I know ) any Law against it : And therefore , I shall ( without further Apology ) put my self upon the favourable interpretation of my Reader , as placing more assurance in the innocence of my own meaning , than the most reserv'd caution , or wariness of words . He that would hit the mark , must take his level before he part with his Arrow ; and he that would not be cheated , had need see the Scales try'd , as well as weigh the Commodity : In like manner , he that will give a true judgment of this matter , must begin with the end , that by viewing the advantage , and disadvantage of either hand , his judgment , and election , may be the more clear , and the less apt to slide into error . We 'l take the case then as it has been of late , in relation to his Royal Highness the Duke of York : The People were upon a pin , and nothing will satisfie them , but he must be Excluded , The advantage propos'd by it , not a little plausible ; The security of the Protestant Religion : and very well ; Depositum custodi , was the advice of S. Paul to Timothy , and 't is a good account of a Steward , that he has lost nothing : But here the question will arise , Whether the Protestant Religion , profess'd at this time , in this Kingdom , may not be sufficiently secured against Popery , albeit the right Heir should happen to be of that Persuasion himself . And ( with submission ) I conceive it may : for if such a person could be excluded , it must be done by Act of Parliament , and if so , where lies the difference , that an Act of Parliament , for the security of the now Establish'd Religion , against any Popish Successor , may not be of the same force as an Act of Parliament , for excluding him , in as much , as the Authority is the same : to which , because I seem to hear some one , more than whispering , that in the one case , he will not have the opportunity , in the other he may : I answer , That it is morally impossible to introduce the Romish Religion into this Kingdom , albeit the Prince were of that Persuasion : for tho the Kingdom follow'd Edw. 6. his Reformation , and Queen Mary tackt them about to the Church of Rome ; and Queen Elizabeth bore up again for Edw. 6. yet it will not be the same at this day ; for as to Edw. 6. it was no great wonder that the Kingdom follow'd his Reformation ; for besides that , it was in the hurry of a Change , Henry 8. who , tho he forsook not the Church , but Court of Rome , had yet shaken it out of its Authority , and by dispersing the Abby Lands , among such as help'd him , put it out of a condition , of recovering suddenly : And now , Religion being not the only question , who can tax the Politicks of that time , for not standing to the Pope , when by setting up that Authority again , they must infallibly have hazarded , if not lost their new interests ? whereas by complying with the Reformation , they were certain of keeping , what they had already , and in a fair way of getting more : And withal considering , there were several Opinions , at that time boiling up , what mighty matter was it to bring them to cry , Erravimus cum patribus nostris . And as to the Kingdoms tacking again with Queen Mary , that also is not so much to be wonder'd at ; for considering , that under Edw. 6. the Harvest was as yet small , and the Laborers many ; and those too not altogether knit , among themselves ; and that he liv'd not , long enough , to see the last stone laid ; and that the Queen coming in , so near after her Father , Henry 8. found ribs , and planks enough of the old Ship , left , to patch up another , for the present occasion , or till a better could be had : And the main obstacle , of securing the Abby Lands , in the hands of the Temporalty , as they lay then , dispers'd among them , being first reconciled ; no wonder ( I say ) if the Kingdom footed it to the Queens measures , and that the note was chang'd , to Super vias antiquas . In like manner , that the Kingdom follow'd Queen Elizabeth , in the Reformation , begun by her Brother Edw. 6. it is not so strange ; for considering also , how short a time Queen Mary reign'd ; and ( an inexcusable fault in Musick ) that she began a Note too high , and by that means was forc'd to run it up , even to cracking the strings ; and that the Reformation had ( by that time ) gotten some face , and credit in the world ; and therefore , the violent Persecution of it ( like Winds to young Trees ) not overthrowing it , had but fasten'd its Roots ; and withal , that such as had gotten any Church Lands , knew not what another Parliament might do , or what flaws ( in after times ) might be found in the former ; and that the probable way , of making all sure , was to order it so , that it should not be in the Popes power , to hurt them , if he would ; neither here also was it a wonder , that the Kingdom joyn'd with Queen Elizabeth , and alter'd the Carol , to a Canticum novum . But the case will not be the same at this day , for besides , that we have the Authority of a Church , confirm'd by several Acts of Parliament , even the People now , pronounce Schibboleth without lisping . Fox his Martyrs , are not yet forgotten ; and tho the Writ , De Haeretico combruendo , be taken away , the crackling of the Faggots still rattle in their ears : Nor of less concern are the Loaves , than the Doctrin ; the Land on which the Faggots grew , than the Faggots themselves : It is now 150 years since those Abby Lands were given out , and by this time , they are assimulated in Succum & Sanguinem ; and the fear of losing them , has begot more ill blood , than the first grant of them did good . I have heard of one Impropriation , given back to the Church , but the Lands , remain much as they were , tho not altogether in the same hands ; they yield good Rent , and many men are of Vespasian's mind , That all Gold , has the same scent . Sell all thou hast , and give it the poor , lost our Saviour a Disciple ; and would be thought as hard a saying now : Men are loath to part with their Wedding garment , especially , where it may so happen , to be the best to their backs . Add to this , the vast improvements made upon them in so many years , and the several exchanges , intanglements , and dispositions from hand to hand , that it would puzzle , even the Church it self , to say , which were her Sons Coat ; from whence , I close this , That let the Rabbies talk what they will , of Venient Romani , Nay , till they lay the way half plain before them , it will be yet morally impossible for them , to take away , either our place , or Nation , and much more to raise any superstructure of their own . Besides , the Crown of England , is an ancient old Entail , the Reversion , in Him , by whom Kings Reign ; and is it not reasonable , that he were first consulted , before it be dockt ? or admitting it were to be done , how are we sure , that he that is to come after , shall always continue of the same opinion ? or how are we secure , he shall not be worse ? The Spaniards have an excellent Proverb , Better is the evil we know , than the good we do not know . Sana Corpora difficile medicationes ferunt ( saith Hippocrates ) 't is better to make alterations , in sick Bodies , than sound : Twigs , and Saplings , may be easily bow'd , or remov'd ; but old grown Trees , are not so safely ventur'd on : 'T is the same in State : Innovations and alterations , even in little things , are dangerous , for it seems to acquaint the people , with the sweetness of a change , and that there may be somewhat yet , still better , which ( like our Philosophers of the Stone ) they had undoubtedly hit , but that something in it , unluckily miscarried . But , may some say , have not such things been done before ? Was not Richard Duke of York in Henry 6. 's time declar'd by Parliament , incapable of Succession ? ( Nay , after he had been declared , Heir apparent ) and was not Queen Mary , and Queen Elizabeth , the same ? I grant it ; but 't is ill arguing à facto , ad jus . That because such things have been done , that therefore they may be done again . Examples must be judged by Laws , and not Laws , by Examples . We have in our own times seen , A King murder'd by his own Subjects , and that too , under the specious pretences of Religion , and Law ; Monarchy abolish'd ; Allegiance made Rebellion ; and Iniquity , establish'd by a Law : And is this an Argument ( think ye ) that the same things , may be yet practis'd ? To give it a more particular answer ; They were declar'd incapable of Succession : 't is true , but not upon any account of Religion , but interest , as the affairs of those times then stood : but yet 't is as true , that Edw. 4. Son of Richard Duke of York recover'd the Crown , notwithstanding the said Declaration ; the only cause of the War , between the Houses of York , and Lancaster , proceeding from the Right of one , and the Possession of the other . In like manner Queen Mary , and Queen Elizabeth , were both declar'd by Parliament , not inheritable , and excluded from all Claim , or Demand to the Crown ; and yet they both successively Reigned , notwithstanding the said Temporary Disability ; which ( it seems ) the accession of the Crown , purg'd , as well as it has been said of an Attainder ; and yet their different Persuasions , diametrically opposite to each other . No man yet , ever chang'd his condition , but in hopes of bettering it : Hath a Nation chang'd their gods , which yet , are no Gods ? ( saith Jeremiah , upbraiding the ingratitude of the Jews ) And therefore , a wise man begins from the end , and first considers , whether that be adequate , to the hazard he runs . Touching the security of Religion , I have already spoken ; and next to the glory of God on High , the chiefest end of Man , is peace on earth . The end of War is Triumph , and the end of Triumph , Peace : The clashing of the Steel and Flint , wears out one another , and brings forth nothing but Fire : whereas , Peace is the Balm , that heals the Wounds , and the Cement , that fills up the Breaches of War. How careful then ought we be , to avoid , even the beginnings of strife , which Solomon aptly calls , the letting out of waters , and will of themselves , quickly wear the breach wider . Upon which , it properly follows , that we weigh the advantages we have by continuing as we are , and the disadvantages , or inconveniencies , that have follow'd such Exclusions . As to the former , 1. The continuance of a Succession in one descent , and according to proximity of Blood , is a bar to Pretenders , and the ordinary occasions of Mutiny , Competition , and Invasion , are thereby taken off : And to this purpose Tacitus , Minoris discriminis est Principem nasci , quam sumi . It is less hazard , to have a Prince born to hand , than to be forc'd to seek one ; because Subjects more naturally submit to an undoubted , unquestionable Title , and Enemies will not be so ready , to be fishing in clear water . A third , never attempts the bone , till two are quarreling . 2. We secure our selves against those disorders , which such a breach opens an infallible entrance into , and gives Ambition , and Insolence , the reins at large , which seldom stop , but multiply themselves , and the whole State , into confusion ; when after all , the best seldom carries the day , but the violent takes it by force . Of which we need no further for instance , than the ancient Brahon Tanistry , before Hen. 2. his Conquest of Ireland . 3. It takes away the danger of having a new Family to provide for : Time was , the Empire could have spread her wings ; but now , she has past so many hands , and been so deplum'd upon every change , that she has almost lost all her best Feathers , and kept little to her self , but the despair , of getting them back again , 4. It avoids the indignity of a repulse . Was ever Prince yet content , to see another sit on his Throne ? Or did ever men reckon the Sun the less , that it had suffer'd an Eclipse ? No ; mankind naturally pities any thing in distress , and passionately croud to the recovering beams . In short , we picture Time , drawing Truth out of a Pit ; and seldom find , Majesty so sunk under water , but some , or other , have been ever buoying it up again . 5. There is a present Union , and Amity between these Kingdoms of England , Scotland , and Ireland ; and who knows , whether they may be of the same Opinion . As to Ireland , it has been determin'd where it shall be bound , by an Act of Parliament , made in England ; howbeit there is a Gulph between us : But as to Scotland , the Question was never yet put ; not that I speak , as if the Kingdom of Scotland , which never did , should now begin ) to give England Law. No , nor will I believe it ever thought — however , were we at odds , — Fas est , & ab hoste doceri . Which was the better Son , he that said he would not go , but went , or he that said he would go , but went not ? They have Recogniz'd , and Declar'd , That the Kings of that Realm ( deriving their Royal Power from God alone ) do succeed thereto , according to the proximity of Blood. And that no difference in Religion , nor any Law , nor Act of Parliament , made , or to be made , can alter or divert , the right of Succession , and Lineal Descent of that Crown , to the nearest , and lawful Heir , according to the degrees aforesaid . And that by Writing , Speaking , or any other way , to endeavour the Alteration , Diversion , Suspension , or debarring the same ( by any Subjects of that Kingdom ) shall be High Treason . So now , if it should happen , that the Kingdom of England should be of a contrary Opinion , must it not in all moral probability , open a gap to a new breach , and thereby hazard the rending asunder those two Crowns in Blood ; the uniting of which , were so wisely design'd by H. 7. and as happily took effect in King James , without Blood ; and what must the consequence of it be , but that we once more fall to the old trade again . — Furit omnis turba , suoque Marte cadunt — And when ( perhaps ) it shall be said of the Conqueror , as of Alexander ( in his Expedition against the Parthian ) That he lost more by the War , than he got by the Victory ; whereas Prudence , in the Adventure , looks at the return , and in the hazard , at the likelihood , and advantage , of the success . Lastly , We hereby take off all occasions of jealousie ; to which , almost every thing serves for Fuel , scarce any thing for Physick ; it being but natural , That he must fear many , whom many fear , how groundlesly soever . But , may some say ; Peace without safety is but a breathing , or bare Truce , at best . How can that man sleep securely , over whose head , a drawn Sword hangs by a single Hair ? And who shall be Judg of that ? The Prince , whose safety depends on the love of his Subjects , and never Acts , but by his Council ; or the Multitude , who ( besides that number , and Truth , are seldom of the same side ) never condsier what they do , or the true reason why it happen'd , to be so hung ? What causes that Thunder in the Clouds , but the cross encounter of Fire and Water , mutually tending to their centre of safety ? And while a people keep within their own Circle , what danger is there of a Prince's breaking in upon them : God had looked upon the Earth , and pronounc'd it corrupt , before he sent a Deluge among them , to cleanse it . In short , there is an old saying , Divide , & impera ; and I think , another , no ways inferior , Vis unita , fortior ; I am sure it is true in experience ; he that would pluck off a Horses Tail , must do it , hair by hair ; and he that would shake a Faggot in pieces , must first pull out some considerable Stick , or cut the Band. I come now , to the disadvantages , or inconveniencies , that have attended the laying by the right Heir . Revolts , Usurpation , and Exclusion differ in term and sound , but are the same in effect , and ( which they hold in common ) never wanted their Embroils : The revolt of the Ten Tribes from Rehoboam was the fore-runner of the Captivity ; for having drein'd and weaken'd themselves with intestine War , what wonder if ( like the Frog , and Mouse in the Fable ) they became a prey to the next offerer ? The Senate of Rome excluded Nero , but mist their aim ; for one part of the Army set up Galba ; another , Otho against him ; a third , Vitellius against Otho ; a fourth , Vespasian against Vitellius ; still bickering , and beating one another to pieces , until Vespasian brought all into one hand again . Harold usurp'd on Edgar Atheling , and what was the effect of it ? but that it open'd William the Conqueror a passage to the Kingdom , and gave both encouragement , and success to the enterprise . In like manner those more prosperous Usurpations of William Rufus , and Henry the First , upon their elder Brother Robert. King Stephen , on Maude the Daughter of Henry the First , and her Son ( afterwards ) Henry the Second . King John , on his Nephew Arthur . Henry the Fourth on Richard the Second , and Richard the Third , on Edward the Fifth ; were they not founded in Blood , and defended with more ? and therefore he that shall bring them in precedent , had as good save a ramble abroad , and instance , in O. Cromwel at home . In short , the Exclusion of our King Edward the Third , Son and Heir of Isabella , Daughter and Heiress of France ( under pretence of a Salique Law ) occasioned the loss of their best men , and Kingdom also : and did not we half lose it again , on the same account , by Henry 4. his Usurping on Richard 2 ? It is true , Henry 5. recovered it again , but his Son Henry 6. almost as soon lost it , by the civil Broils between him , and Richard Duke of York , ( slain at Wakefield ) which yet ended not , till his Son Edw. 4. had recovered the Possession . And what fruit ( I pray ) did we reap of those Wars ? or rather , were they not such , as of which the Poet speaks ? Bella geri placuit , nullos habitura triumphos ! How much better then is it , by learning from other mens harms , to keep the beaten road , with safety , than upon every new notion , to entangle our selves in those passes , wherein , so many before us , have lost their way . And especially , having the light of an Act of Parliament , directing and telling us , That the ambiguity of several Titles , pretended to the Crown , then not so perfectly declar'd , but that men might expound them to every ones sinister affection , and sense , contrary to the right legality of the Succession , and Posterity of the Lawful Kings , and Emperors of this Realm , had been the cause of that great effusion , and destruction of mans Blood : And what can any man expect , but that the same cause will again produce the same effects ; and the like Asterism , the like Revolutions . To draw towards an end : It is the advice of our Saviour , Whatsoever ye would that men should do to you , do ye , even so to them , for this is the Law , and the Prophets . Would any one ( think ye ) submit , to be brain'd by a Billet , albeit in amends it were said to his Heir , the like shall never be done to your self ? especially , when the same hand , that did the one , cannot promise , for any that shall come after it : To one , praying Lycurgus , to settle a popular State in Lacedaemon , that the basest might have the same Authority , as the highest : Begin ( quoth he ) to do it it , in thy own house , first : I know not of what Spirit other men are , but if there be such a one to be found , let him throw the first stone . And yet who knows , but there may be somewhat more than we see ? Is there no old grudg ? No — Manet altâ mente repôstum ? No — Spreti injuria ? Is it all pure Religion , and undefil'd : All dry , down-right conscience ? No biass ? No interest ? No self in the case ? 't is very well : Judas made a charitable motion for the Poor , yet it might have seem'd better , had he not carried the Bag , tho he headed no Party . In short : Commines saith , He is to be esteemed a good Prince , whose Virtues are not over-ballanc'd by his Vices : And the Persians never condemn'd any man ( tho convicted ) till his former life , had been weigh'd by the same Ballance , and found wanting . To apply it : I skill not to flatter , even the dead ; and yet a moral justice is due to the living : or , our Saviour had never said , The laborer is worthy of his hire ; and Solomon , Withhold it not . Is not his Royal Highness the Son of that King , whom our late Parliaments have so often declar'd a Martyr ? and the onely Brother ( and as yet , indisputable Heir ) of this King , who hath forgiven so much , and ( to speak once for all ) Crimes greater than every thing , but the mercy that forgave them ? And what could the world have design'd him more , than what the eepectation of his mighty Birth must ( by course of Nature ) have given him ? Even the new phrase , acknowledges it ; The Presumptive Heir of three Imperial Crowns : and yet during the Banishment of the Royal Family , who serv'd with more Courage Abroad ? And since their happy Restauration , what Private Person made more Honorable Hazards at Home ? When yet he had many things to fear , and nothing to desire , but the Peace and Honor of the Kingdom : I need not far for instance , of what meets us every where : Witness for all , that memorable 3. of June , 1665. in which great Action ( with the loss of one single Ship ) he destroy'd and took 18 of the Dutch Ships of War , whereof half , were the best they had ; and touching which , a late learned Judg of the Kingdom of Ireland , thus Epigrammatically accosted his Majesty : Ad Regem , &c. Subdidit Arctoum tribus olim classibus aequor Edgarus ? At vestrae pars quota laudis erit ! Obsessum Maris Imperium , felicior armis , Asseris , & Batavas conteris ( ultor ) opes . Euge ! triumphato da jura perennia Ponto : Jam scit cui Domino pareat unda Maris . And must he after all this be smother'd in his own Perfumes ? Must those Glories he reapt from the Enemy , serve him only as so many Garlands to a destin'd Sacrifice ? And because he has deserv'd too much , will nothing but an Ostracism pay off his Debentures ? Let every man lay his hand on his breast , and once more make the case his own ; and then , I doubt not , but he will walk up to the thing he startled at , and by giving himself a distinct view of what ( before ) frighten'd , be the more easily persuaded into his senses , and shame his fear : And I press it the rather , in that his Royal Highness ( I have it from a Noble hand , of too much Honor to falsifie ) hath so often declar'd , That were it in his power to effect it , he would rather cut off his Arm , than make the least alteration in the Religion , or Law of the Kingdom , as it is now establish'd : And if Truth be sacred with private men , how much more must it be with a Prince ? when , whoever wounds it , to save himself , does but take a blow on his head , to save his hilt . To draw to an end ; Has any man for companies sake been persuaded out of his way , what dishonor is it if he comply with the advice of the Angel to Hagar , Return , and submit ; or that other of our Saviour to the Lawyer tempting him , Go , and do thou likewise : and then he will the more unbiastly determin , whether Religion , or Monarchy , be the point in question , and what these murmurings against the Heir mean , if they carry not under 'em , a design on the Inheritance : for , let the pretences be what other they please , even the best Virtues may be suspected , when they become ostentations ; and therefore , when men shall mask their Conspiracies with the name of Publick Good ; pretend Conscience , against Duty ; love to their Country , whereby to chalk a way to their own Ambition ; zeal to Religion , to cover their own wild-fire , they may ( I say ) be suspected , as made use of , rather to purchase a Principality on Earth , than the Kingdom of Heaven ; in as much as such courses , have been ever condemned , by the same Religion they would pretend to defend . Upon the whole matter : What the pretences of the late times ended in , we have most of us seen , and what influence they yet held on our own , we had ere this felt , had not God been more merciful , in the discovery of the late horrid Association , and Conspiracy , against the lives of his Sacred Majesty , and his Royal Brother : Who would not swear they were of the same batch ? for they agreed in substance , however otherwise , they might differ in circumstance : both ( like Sampson's Foxes ) were set upon destruction , tho they drew the fire-brands a contrary way . Those of 1641. did their work by degrees , Nemo repente fuit turpissimus — One Party , murder'd our late Sovereign , as a King , before the other , murder'd him , as a man ; tho each yet , as deep in the guilt , as t'other ; for , Qui vult media ad finem , vult etiam , & ipsum finem ; He that wills the means con●●ucing to the end , wills also the end it self : These of this present , have seen that error , and thus far repented it to his Son , That they laid the Ax to the root of the Tree , and took up the advice of Abishai to David ( when they had found Saul sleeping . ) Let me smite him even to the earth at once , and I will not smite him the second time : But , God has been once more seen in the Mountain ; They are sunk in the Pit they made , in the Net which they hid , is their own foot taken : And therefore , to the numerous congratulations on this happy delivery , I 'll close all with that of Barclay , Vicimus O tandem non inaudita piorum Vota Deis ! Nunc , alma salus , nunc , secula curat Jupiter : Omnis Io superum domus ! omnis honores Ara ferat ; nullaeque vacent a fronte Coronae . Which I have thus adventur'd to Translate , as more agreeable to the present sense , than any useless dwelling on the Letter : We have o'recome ! nor were our Prayers in vain ; We 're once more safe ; and Heav'n , proves Heav'n again : Your Organ Temples ! Deck your Altars round ! Hallow the Threshold ! Let the Posts be Crown'd ! FINIS . Notes, typically marginal, from the original text Notes for div A66571-e1060 Cicero de legibus , lib. 3. Ovid Metam . Gen. 1.26 , 27 , 28. That it is founded in nature . Virgil Geo. As consonant to the Divine Government . And of Divine Institution . 1 Chron : 29.23 . 2 Chron. 9.8 . 1 Sam. 2.10 . 2 Sam. 22.51 . Obj. Sol. 1 Lam. 4.20 . Isa. 45.1 . Jer. 25.9 . Acknowledg'd by Heathens as well as Christians . Hesiod . Homer . Acts 17.28 . Psal. 82.6 . Arch-Bishop usher . Psal. 8.6 . 1 Pet. 2.13 . Cain a Monarch . Seld. Tit. Hon. 4. The Kingdoms of Saturn , &c. Monarchies . De legibus , l. 3. Just. l. 1. That the original of Power came not from the People . The Irrationality of the contrary . Co. 8. Rep. 92. Vide Bishop Sanderson's Preface to the Power of Princes . The ill consequence of it . Rom. 13.2 . Dyer 256 Co● 4. Rep. 24. Noah and his Sons Kings . Seld. Tit. Hon. 5 , 6. Gen. 10.32 . Ecclus. 17.17 . A Family an exemplary Monarchy . Gen. 9. Gen. 21. Aristot. pol. l. 1. c. 8. What the Paterfamilias was . Pro Quintio . De Repub. l. 5. His power of life and death . Pro domo sua . Gen. 49.1 . Pol. l. 1. c. 8. Gen. 4.7 . 2 Kings 2. The exercise of it in Judah . Gen. 38. Abraham . Gen. 22. Jephthah . Judges 11. Gen. 22. Godw. Jew . An●●q . c. 1. Judges 8. Brutus . Monarchy , upon the increase of Families . Esau. Gen. 36 , Gen. 14. Josh. 12. The Assyrian Monarchy . The Persian . The Grecian . The Roman Monarchy . All other ancient Nations Monarchies . Bodin . Selden's Tit. Hon. 10. And as universally received by the Moderns . Precedent to all other Governments . Arist. pol. l. 4 , Lord Baeon . The several Forms of Government . Arist. Pol. l. 3. c. 5. And their Rotations . Discourse on Livy , Deca . 1. Aristocracy . Democracy . Virgil. Ovid. Metam . Tyranny , to be rather wisht than either . Examples in Athens , &c. Florus , l. 1. Tacitus , l. 1. Rome from the first Consulate . Florus , l. 1. c. 23. Their Tribunes . Rosi● . Antiq. l. 7. c. 19. Lib. 1. c. 24. Id. l : 3. c. 14 , 15 , 16 , 17. Several Seditions . Marius and Sylla . In vita Syllae . Fastorum , l. 4. Crassus , Caesar , Pompey . The two latter divide . Flo. l. 4. c 4. Ibid. cap. 8. Lib. ● . Ep. 75. Caesar complemented to Rome by the Senate . God. Rom. Ant. 171. Flo. l. 4. c. 7. The Triumvirate . Rofin . Antiq. l. 7. c. 21. Their Proscriptions . Rosin . Antiq. l. 7. c. 21. And Breach . No peace , until Monarchy restor'd . Florus , l. 4. c. 12. The sense of those times touching this matter . Amp. in lib. memoriali , c. 28. Lucan . Statius . 1 Sam. 8. throughout . 1 Sam. 10.25 . 1 Sam. 8.20 . 1 Kings 2.27 . 1 Kings 25.34 Object . Sol. Deut. 17.15 . Judges 9.18 . 1 Kings 12.3 . Inst. 4 343. Seld. Tit. Hon. 24. Marks of Sovereignty : Power of making Laws . Psal. 60.7 . Virgil. Livy . Psal. 114.1 . And exemption from any coactive Obedience to them . Joseph . Ant. l. 15. c. 14. Panegyr . ad Trajan . Power of Peace and War. De Repub. 163. Id. Bodin , 182. That the Kingdom of England is a Supreme Imperial Monarchy . The Kings Power in making Laws . In his Resusc. fol. 153. Ibid. 154. Ibid. fol. 276 : Sir E. Coke's Preface to his third Report . Sir Jo. Davys Preface to his Irish Reports . 36 Edw. III. cap. 15. Sir Jo. Davys Preface to his Irish Reports . Sir E. Cooke , Sur West . 2. Inst. 4.243 . Inst. 2.286 . Indictment against the Earl of Areyle , 1681. The Kings Power in interpreting Laws . Cited by him in his Postnaci . Sir H. Spelman's Gloss , fol. 107. Inst. 1.99 . Inst. 2.168 . Vide Petition of Right , and his Majesties Answer , 3 Car. 1. Vide Stat. at large , fol. 1433. His being exempt from their coactive force . Inst. 1.99 . Ibid. 73. Ibid. 110. Inst. 4.28 . Ibid. 46. ●ract . l. 1. c. 8. 1 Jac. Claudian . The Kings absolute Power of Peace , and War. Nat. Brev. 113. Ess. of Delay . Inst. 3.9 . 25 Edw. 3.2 . 7 Rep. 25. 13th . of this King , cap. 2. Sir E. Cooke , Inst. 1.90 * Subscribed to , by all the Judges ( in the case of Ship-Money ) and by Hatten , and Crooke , tho they fell off afterward . Sir Will. Dugdale's Short View , fol. 42. Inst. 1.161 . The Kings Power in appointing chief Magistrates , and great Ministers . Smith de Repub. Ang. l. 2. Inst. 2.26 . Inst. 3.7 . The Power of the last Appeal . Inst. 4.343 . Ibid. 341. Matth. Paris , cited by Sir J. Davys , in his Irish Rep. 61. Answer to Petit. p. 88. Ass. de Clarend . 10 H. 2. c. 8. Inst. 4.14 . 16 R. 2. c. 5. Vide , The Case of Premunire , in Sir John Davys . Inst. 4.341 . Inst. 2.602 . Sir H. Hobart , fol. 146. The sole fountain of Honor . Inst. 4.126 . Inst. 1.65 . Inst. 4.363 . Seld. Tit. of Honor , 621. Ibid. 628. Ibid. 630. Inst. 1.69 . May create a Palatinate . Camb. Britt . 464. Seld. Tit. Hon. 530. Inst. 4.211 . Camb. Britt . 600. Plowd . 214. Inst. 4.204 . in the Margin . 9 Jac. in Scac. fol. 49. As also , Seld. Tit. Hon. 693. Stat. Hibern . 14 Car. 2. c. 20. Have made a King and Lord of Ireland . Seld. Tit. Hon. 38.41 . Inst. 4.357 . Inst. 1.83 . Ibid. Seld. 26. Sir E. Cooke 5 Rep. 110. in Foxley's Case . Inst. 3.233 . & 241. The King appoints the value , &c. of Coin. Sir J. Davys , q. v. Case de mixt Moneys . Stat. 25 Edw. 3. cap. 2. Sir J. Davys in Pref. 5. Rep. 114. Inst. 2.576 . Inst. 1.207 . Liege Homage received by our Kings . Seld. Tit. Hon. 26. Ibid. 29. Ibid. 24 , 25.38 . Inst. 3.11 . Their burning those incommunicable Titles of Majesty , &c. Tit. Hon. 594. Ibid. 92. Further instances of the Kings Sovereignty by the Common Law. Inst. 1.1 . Inst. 2.68 . Inst. 1.13 . Ibid. 42. Inst. 1.15 . 1 H. 7.4 . Plowd . 238. Inst. 4.352 . Inst. 3 7. 7. Rep. in Calvin's Case . Ibidem . 23 H. 6. c. 8. 11. Rep. of the Lord De la Ware. 13 Edw. 3. Inst. 4.342 . Vide Seld. Tit. Hon. 21. Ann. Reg. 14. Ann. 40. Ed. 3. Inst. 4.13 . & 357. 18 Edw. 3. Inst. 4.88 . & 104. Inst. 2.167 . Inst. 1.90 . & 344. Inst. 2.496 . Bract. l. 1. Britt . f. 27. Regist. fol. 61. 1 Sam. 6.19 . The like from the Statute-Law , and that the Crown of England is Imperial . Inst. 4.343 . 16 R. 2. c. 5. Vide Article against Woolsey . 21 H. 8. I●st . 4.89 . 24 H. 8. c. 12. 25 H. 8. c. 21. Vide Cap. 22. 88 H. 8. c. 7. Vide cap. 16. Stat. Hibern . 28. H. 8. c. 2. Stat. Hibern . 33 H. 8. c. 1. 1 Eliz. c. 1. and Cap. 3. 5 Eliz. c. 1. 1 Jac. c. 1. Stat. Scotiae 5. Jac. 3. c. 3. Printed at Edenburgh , 1681. The Kings Power in Ecclesiasticks . Sir H. Hob. 143. Inst. 1.94 . Glanv . l. 1. c. 7. Inst. 4.285 . Inst. 1.134 . & 344. Ann. Reg. 17. Math. Paris , fol. 213. Answ. to Pet. fol. 88. 40 Edw. 3. The Act is not in the Statutes at large , but you may find it , Inst. 4.13 . Ibid. 357. 25 H. 8. c. 2. This was set out by Dr. Bernard , in 16 1. in a Book , entituled , Clavi Trabales , with the Bishop of Lincoln's Preface to it , p. 82. Inst. 4.357 . Ibid. 359. Regist. 294. Fitz. N. Bre● . Printed in 1666. 411. 6 Edw. 3.11 . 11 H. 4.68 . 11 H 4.60 . 11 H. 7.12 . Sir Hen. Hob. fol. 146. Inst. 3.238 . Fitz. N.B. 662. Inst. 1.344 . Dyer , 348. Ibid. 294. The same 3 Car. 1 c. 4. Inst. 4.342 . Inter Leges Ed. c. 17. Mr. Hooker , of the Kings Power in matters of Religion , Cla. Trab . 72. Inst. 4.323 . Cro. Jac. 371. 22 Car. 2. That the Kings of England have justly used the Titles of Emperor , &c. and that from Ancient Ages . Seld. Tit. of Honor , f. 17. Sir Edw. Coke's Preface to his fourth Report . Camb. Brit. 189. Ibid. Seld. Inst. 4.343 . Ibidem . Ibid , Seld. 1 Object . 1. Object . 2. Sol. 1. Bodin , l. 2. Ibid. Bodin . Sol. 2. The manner of the Three Estates applying to the King. 3 Car. 1. 1 Jac. 1. 1 Eliz. 3. 1 Mar. Sess. 2. 28 H. 8. c. 7. 1 Rich. 3. 3 Edw. 4. 4 Edw. 3. ●5 Edw. 3. 1 Edw. 1. Stat de Scat. 51 H. 3. What these Three Estates are . Inst. 4.1 . Inst. 1.110 . Lib. 5.233 . De Repub. l. 1. Coll. Fr. T●●ffe his Speech to them , ●rom the Duke of Lorain , 1674. Sir H. Spelm. Gloss. f. 449. 1 Pet. 2.13 . To presume him such , were to make him but a Co-ordinate Power . Bar. Arg. l. 1. He cannot Summon himself . Novum Organ . Aphor. 46. Where were these three Estates , before the Commons came in to be a third Estate ? 1 Chron. 28.1 . 2 Chron. 5.2 . Inst. 4.3 . Answer to Mr. Petit. 19 , 20. Sir H. Spelm. Gloss. 450. Inst. 4 3. For so Mr. Selden takes the words , Tit. Hon. 580. Ibid. 524. Answer to Petit. 44.46 . Ibid. Answ. 52. Seld. Tit. Hen. 581. Ibid. Answer , 56 , 57 , 58. Monast. Ang. Tit. Hon. 581. Pet. 61 , 62 , 63. Tit. Hon. 583. Sir H. Spelm. Tit. Baro. Pet. 80. ad 99. Sir H. Spelm. Gloss. 451. Ibidem . The time when it is most probable they first came in . 20 H. 3. Vide Stat. 52 H. 3. Gloss. 452. The Lords Temporal one great Estate . The Lords Spiritual one other distinct Estate from the Lords Temporal . Inst. 4.1 . Seld. Tit. Hon. 594. Inst. 4.322 . 8 H. 6. c. 1. Stat. 1 E. 1. Stat. 13 E. 1 40 Edw. 3. An Act of Parliament in point . 8 Eliz. c. 1. Express Authorities to prove the King none of the Three Estates . Inst. 4.1 . Cowel Interp. Tit. Parliam . Tit. Scotland , fol. 7 , 8. Stat. of Scotl. 3 Jac. 1. c. 48. Printed at Edenb . 16. October , 1669. All Printed at ●denbr . 1681. English Stat. 1 Jac. c. 1. Inst. 4.351 . A short Recapitulation of Affairs , before his Majesties return . Part of the Epitaph , of Mary Queen of Scots . Scobel's Collection of Acts , 1648. That he wanted not opportunities of resenting them , had he design'd it . Virgil. Strada . 1 Sam. 10.26 . 1 Chron. 10.5 . 2 Sam. 18.3 . Eccles. 8.3 . 2 Sam. 3.36 . Eccles. 10.20 . Exod. 22.18 . Psal. 105.25 . Eccles. 8.2 . 〈◊〉 . 20.2 . 〈◊〉 . 1. Sci. 1. Job 36.18 . Object . 2. Sol. 2. Rom. 3.29 . The like of other Nations to their Kings . Herodot . l. 8. De morib●s gentium , l. 1. cap. 5. Ibid. l. 2. c. 10. Append. ad Pet. Ciacc . de Triclinio , 327. Object . 3. Sol. 3. The precept of Obedience is without restriction . Exod. 1.9 , 10. Ezra 6.10 . Jer. 29.7 . 1 Sam. 15.26 , 35. Idolatry , no ground to resist . Matth. 22.21 . 1 Tim. 2.1 , 2. Bellarm de Po●t . l. 3. c. 9. Buch. de j●re Reg. p. 61. In Apolog. Much less , things indifferent . Dyer , 23.148 . Vide , Preface to the Liturgy , and touching Ceremonies . The example of our Saviour , in his Instituting his last Supper . Deut. 12.11 . Rosin . Rom. Antiq. l. 5. c. 27. Lipsii Saturn . lib. 1. c. 6. Mat. 26.23 . John 13.26 . Mat. 10 4. Least of all , injury . John 18.11 . Acts 25.5 . Exod. 12.37 . 1 Sam. 22.2 . 1 Kings 19.18 . 1 Sam. 19.4 . Jer. 38.9 . Esther 7.3 . If any ground were to be admitted , that would never be wanting . Semido in His● . of China . 2 Kings 8.13 . It was to be done piece-meal . The Kings necessities to be supply'd with complaints . Rushworth's Coll. fol. 40.183.402.656 . Plots discover'd , Fears and Jealousies promoted . Sir Will. Dugd. Short View , &c. from fol. 67. to fol. 124. Octob. 6.1642 . Religion cants its part . 2 Sam. 15.11 . Leading men , to make it Law , and Gospel . The examples of Corah , &c. Numb . 16.3 . 1 Kings 1.19 . The same Game playing over again . 2 Kings 18 . 2● . Prognostications , &c. Hudibras . The ill consequence of such impressions . Matth. 13.25 . Acts 17.21 . Ovid. Met. Barkeley , Argen . l. 3. Psal. 65.7 . The examples of Jack Cade , and others . 4 Rich. 2. Vide , The History , written by a noble Neapolitan . Holy League in France . Comb. Britt . 509. Lord Bacon ● Essaya , 78. Solemn League and Covenant at home . New Trains to the old Fuel . Psal. 90.6 . 22 Car. ● . Our Saviours advice to his Disciples . Mark 8.15 . Acts 26.5 . Luke 18.11 , 12. Mat. 23.27 . What the Pharisees were . Luke 12.1 . Josephus Antiq l. 17. c. 3. Godw. Jewish Antiq. 40 , 41. Mat 25.5.23 , 24 , 25 , 26. Made applicable to our selves . The end , to be consider'd in all things . The advantage propos'd in Excluding his Royal Highness . Wherein is at Act for security of Religion less than a Bill of Exclusion . Object . ●ol . The moral Impossibility of introducing the Romish Religion , tho the Prince were a Romanist himself . The reason why the Kingdom follow'd Edw. 6's Reformation . Queen Maries going back . S●at . 1.2 . Ph. and Mary , c. 8. Queen Eliz. return to it . That the case cannot be the same at this day . John 11.48 . The Crown of England an old Entail . Aphorism : The danger of Innovations . Object . But such things have been done . Sol. ●o has a King been murdered . More particularly answered in E. 4. Qu. Mary , and Qu. Eliz. all excluded by Parliament , yet came to the Crown . 28 H. 8. c. 7. No man changes but in hopes of better . Jer. 2.11 . Prov. 17.14 . The advantages of continuing as we are , Pretenders , barr'd . Annal. 1. Disorders avoided . Vide Case of Tanistry , in Sir J. Davis's Irish Reports , f. 29. No new Family to be provided for . The indignity of a repulse , avoided . Suppose Scotland and Ireland should be of another opinion . Virgil. Act of Scotland , for asserting the Succession of that Crown , 1681. Ovid Met. All occasions of jealousie , taken off . Object . Sol. Gen. 6.12 . Disadvantages that have attended the laying by the right Heir . Revolt of the 10 Tribes . At home . Our loss of France . Lucan . 25 H. 8.22 . Matth. 7.12 . Plutarch in vita Lycur . John 12.6 . Luke 10.7 . Prov. 3.27 . Lord Chancellors Speech to the Parliament at Oxon , 10. Octob. 65. Oliver Jones Esq second Justice of his Majesties chief place in Ireland . Gen. 16.9 . Luke 10.37 . 1 Sam. 26. ● . 〈◊〉 . l. 3. A44749 ---- Proedria vasilikē a discourse concerning the precedency of kings : wherin the reasons and arguments of the three greatest monarks of Christendom, who claim a several right therunto, are faithfully collected, and renderd : wherby occasion is taken to make Great Britain better understood then [sic] some forren authors (either out of ignorance or interest) have represented her in order to this particular : whereunto is also adjoyned a distinct Treatise of ambassadors &c. Howell, James, 1594?-1666. 1664 Approx. 636 KB of XML-encoded text transcribed from 120 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-05 (EEBO-TCP Phase 1). A44749 Wing H3109 ESTC R21017 12295471 ocm 12295471 59014 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A44749) Transcribed from: (Early English Books Online ; image set 59014) Images scanned from microfilm: (Early English books, 1641-1700 ; 636:8) Proedria vasilikē a discourse concerning the precedency of kings : wherin the reasons and arguments of the three greatest monarks of Christendom, who claim a several right therunto, are faithfully collected, and renderd : wherby occasion is taken to make Great Britain better understood then [sic] some forren authors (either out of ignorance or interest) have represented her in order to this particular : whereunto is also adjoyned a distinct Treatise of ambassadors &c. Howell, James, 1594?-1666. [14], 219 p., 3 leaves of plates : ports. Printed by Ja. Cottrel, for Sam. Speed ..., and Chr. Eccleston ..., London : 1664. Advertisement: p. 219. Dedication "To His Majesty" [Charles II] signed: J. Howel. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. 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Great Britain -- Kings and rulers -- Early works to 1800. 2003-12 TCP Assigned for keying and markup 2004-02 Apex CoVantage Keyed and coded from ProQuest page images 2004-03 Rina Kor Sampled and proofread 2004-03 Rina Kor Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion Π Ρ Ο Ε Δ Ρ Ι Α - Β Α Σ Ι Λ Ι Κ Η : A DISCOURSE Concerning the PRECEDENCY OF KINGS : Wherin the REASONS and ARGUMENTS Of the Three Greatest Monarks of Christendom ▪ Who claim a several Right Therunto , Are Faithfully Collected , and Renderd . Wherby occasion is taken to make Great Britain better understood then some Forren Authors ( either out of Ignorance or Interest ) have represented Her in order to this Particular . Whereunto is also adjoynd A distinct Treatise of AMBASSADORS , &c. Symbolum Authoris Senesco , non Segnesco . LONDON : Printed by Ia. Co●…trel , for Sam. Speed , at the Rainbow ; and Chr. Eccleston , at the middle shop under St. Dunstans Church in Fleetstreet . 1664. TO HIS MAJESTY OF Great Britain , France and Ireland , &c. SIR , THer are many who have written of the Pre-eminences and Antiquity , of the Power and Prerogatives of France and Spain in order to a Precedence or Superiority ; But while they magnifie their own Kings , they derogat from other : Moreover , while they produce their Resons , they often fall into such excesses of speech , that they may be calld rather Rodomontados then Resons . But ther is none who hath written yet of Great Britain in relation to this Point ; therfore t is the principal scope of this VVork , wherin ther is an Endevour to make Her better understood ; and to prove by Relevant and lively Resons , ( without offence to any ) That the Monark of Great Britain if He go not before , at least He ought not to come behind any King whatsoever . Now , in regard t is a Theme of so sublime a Nature , and depends chiefly upon ancient Records , History , and the Opinion of Civilians , ( who have bin principally consulted ) the Author hath had a special Care and Caution to be very exact and tru in his Quotati ons of all kinds . Lastly , The Author ( most humbly under favor ) did deem Himself not altogether incapable of such a Task , for having bin in most of the great Courts of Christendom ; For having Negotiated by Royal Commission above three years in the Court of Spain ; For having bin Orator in an extraordinary Ambassage to Denmark , and divers Princes of Germany ; For having bin so often in France , and sundry Courts of Italy , &c. He may be thought not to be Impar Negotio . May all the Blessings and best Influences of Heven light upon Your Royal Head this New-Year , and many , many , many more , according to the due and dayly Devotions of the humblest of Calendis Januarii , 1664. Your MAJESTIES Votaries & Vassals , J. Howel . To the Discerning Reader . THe Ingredients and Matter wherof this New kind of Historical Peece is composd , may be said to be all of Crown-Gold , the subject therof being Kings : Whence it is worth the observing , that History is a Lady of that Excellence , that she hath Kings to her Subjects . We well know what a ticklish and tremendous Task it is to treat of Kings , who have power of Life and Death ; Ther must be as much Caution as Care usd therin ; It is as perilous as it is painful : It is as walking upon the Ridg of a high House , or dancing upon a Rope , where unless one be well counterpoizd , he is in danger to break his Neck ; Especially a task of this high nature , that treats of Regal Precedence . And we find that they who write too peremptorily thereof , have done it with more offence then satisfaction . And indeed ther was never any binding Determination made therof , but where Decisions have bin made , the Princes upon new occasions have excepted or protested against them : Therfore the Author here doth not presume to determine the Question positively and definitively en dernier ressort ; for — Tantas componere lites Non opis est nostrae — Therfore he refers it to the Discerning Reader , who is left free , and evry way unsubornd to pass his Iudgment accordingly , in mesuring evry King by the merit of his own Resons , which are here fairly and faithfully exhibited ; and those of France and Spain exactly drawn out of their own Authors , having not omitted any that hath any weight . Now , t is found among Historians , that Contestations about Precedence of Session and Superiority , with other Formalities , Complements , Visits and Ceremonies , have bin very fatal to Christendom ; And t is observd also that the various Dignities in the Church hath multiplied them : The great Clash twixt Rome and Constantinople , ( twixt St. Peter and St. Andrew ) was the unhappy cause of the Defection and total Separation of the Greek Church from the Latin : The hot Dispute for Precedence twixt the Emperour Frederiki and Pope Adrian 4. did put all the Christian world on fire : The great Oecumenical Council at Lyons , which concernd so much the interest of Christendom , broke up about Punctilios for Precedencie : The great Contest twixt Patriarks and Cardinals bred a great deal of confusion ; but at last the Patriarks had the better , for they of Constantinople , Hierusalem , Antioch , and Alexandria precede the Cardinals , though they be calld the Princes of the Church , and have the Prerogative not to be tryed without 72 Witnesses , I mean the Bishop-Cardinals ; 44 Witnesses the Cardinal-Priests , and 30 the Deacon-Cardinal . One of the 24 Causes , ( and it proved the greatest ) that the English lost France , was a Clash that happend at St. Omers twixt the Duke of Bedford and Burgundy about Punctilios of Complement and Precedency . That hopeful Trety of Peace at Bullen twixt Queen Elizabeth and her Brother-in-law Phil. 2. King of Spain , after a long lingring War by Sea and Land , broke off for question of Precedence , or rather for the peevishness of the Spanish Ambassadors , who had no other Argument that had any probability of reson , but that the Catholik King was encreasd in Territories ; wheras the Civilians say , that Supervenient and Accessory Dominions , with accumulation of Titles , have no force twixt Princes all the while they continue still in eodem gradu dignitatis . Nor could they give any answer at all to the Arguments the English Ambassadors producd , wherof one was , that of Volaterranus , who doth plainly relate how the Pope did adjudge the Prerogative of Precedence to Hen. 7. of England , before Ferdinand of Spain , as it will appeer more at large in the following Discours . Now , ther have bin divers means found by prudent Mediators from time to time for accommoding and reconcilement of differences in point of Precedence ; somtimes by dilatorious ways ; somtimes by Alternatif Determinations , yet Jure Partium integre reservato ; As the great clash twixt Warwick and Buckingham in England was composd that they shold precede alternatim evry three yeers ; so the hot contest twixt the Ursini and the Colonnas , two of the antientst Families in Rome , was reconcild , that the elder of the two who were living , shold precede , which makes the younger never come to the Popes Chappel , where they take place next Kings Ambassadors . The difference Inter Scherensem , & Wolfeggianam Familiam in Germany was reconcild , that the one shold carry the Pomum Aureum , the Golden Apple of the Empire going in , the other at going out . Among Artificers , and Men of Trade , the Civilians say , that each one is to precede according to the Dignity of the Stuff wheron they work . Moreover , when Publik Instruments are made , that Kingdom in whose Right t is made hath the Precedence , so somtimes Scotland is namd before England , &c. General Precedences do differ according to the Genius of some Nations ; as among the Turks , to go on the left hand is more honorable sedendo & incedendo in sitting and going then on the right ; and the reson is good , because he may seaze upon his Companions Sword at plesure . In Spain the Pages and Laquays go before , and the Lords follow ; And in some cases t is so in France , as in going over a Bridg , a Plank or a River , the Man goes before the Master , according to the old Proverb , En Pont , en Planche , en Riviere Valet devant , Maitre derriere . Concerning Ambassadors , ther is a way that they shall never clash , which is , to make them Parallels , viz. that the Ambassadors of those Kings who stand in competition for Precedence , do never meet ( unless it be in visiting one another ) And the Mathematician tells us , That Parallelae etiamsi ducantur in infinitum nunquam concurrent , Parallels although they be drawn in infinitum , they will never meet ; and if Ambassadors never meet , they will never jussle or jarr . J. H. THE Civilians , Antiquaries , and Historians , BOTH Latin , English , British , Italians , Spanish , and French , That were Consulted , and Cited in the Compilement of this WORK . GOldastus Cassanaeus Besoldus Valdesius Francisco Vasquez Volaterranus Bodin Boterus Albericus Gentilis Lansius Augustin Caranato Thesaurus Politicus Ant. Corsetus Camillo Borrello Boccolini Sleidon Dr. Gaspar Bragaccia Paschalius Don Ant. de Zuniga Mariana Garibai Fredericus de Marselaer Carolus de Grassaliis Du Haillan Comines Pierre Matthieu The Bishop of Rhodes Du Serres Vers●…egan Il Conte Losco The Lord Coke Bishop Usher Sir Thomas More Sir Walter Raleigh Sir Robert Cotton Sir Henry Spelman Sir Richard Baker Sir Iohn Finet Sir Iohn Price Iudg Doddridge Humphry Lloyd Iudg Ienkins Mr. Campden Mr. Selden Mr. Fabian Philipps Barclays Argenis Matthew Paris Polydore Virgile Sir Henry Wotten Sir Isaak Wake Mr. Minshew . Besides these Authors , many Ancient Records and Manuscripts have bin consulted ; and the perusing of old Parchment-Records is a hard and harsh Work ; it may be said to be like the peeling of old Walnuts . ANALYSIS Totius Operis . TOuching the Matter and Method in framing this Work , it is by dividing it into four Compartments , viz. into four Sections ; The first three treat of the Precedence of Kings ; The fourth of Ambassadors . Evry one of the Sections is subdivided into ten heads or Paragraphs , containing still new matter . The first Section consists of the Resons of the King of Great Britain , &c. First , That He had to his Predecessors as ancient Kings as France and Spain , and as famous ; among others Mulmutius Dunwallo , who raignd here many hundred yeers before the Romans came in , and he was so great a Legislator , that his Laws are calld Leges Mulmuntinae , and stand upon record to this day . Moreover , his Majesty now Regnant is the hundred thirty ninth King of Britain , and the hundred and ninth of Scotland ; wheras neither Spain or France can shew a Catalog of half the number . 2. The King of Great Britain had to his Predecessor the first Christian King that ever was upon earth , viz. King Lucius , according to the concurrent Opinion of all Antiquaries , for St. Peters Church in Cornhil was built by him , as a Record yet extant shews ; and this was many hundred yeers before France or Spain had any Christian King , which made England to be entitled in all dispatches from Rome , Primogenita Ecclesiae , the first-born Daughter of the Church . Now , it is a Canon among the Civilians , Summa Ratio quae ducitur à Religione ; and Grotius hath also a Principle , Qui primò Christianismum professi sunt Praecedant , &c. 3. The King of Great Britain hath a Merum & immixum Imperium he hath as absolut Possession and Authority , and more Independent then France or Spain , take Spiritual and Temporal together . 4. The King of Great Britain for Eminence of Royal Dignity , for State and Titles , hath as fair Flowers , He hath as rich Jewels in his Crowns as any other ; He hath as Noble Arms , the Cross , and the Lyon who is King of Animals . 5. The King of Great Britain had to his Predecessor the first Christian Emperour Constantin , and the first Christian Worthy Arthur the first Founder of Martial Knighthood , whom ther is Truth enough to make Famous without that which is thought Fabulous . 6. The King of Great Britains Predecessors were the first who freed themselfs from the Roman yoke long before France or Spain ; and this is one of the greatest Arguments that those Kings do produce for a Precedence one of another . 7. The Kings of Great Britain had Precedence adjudgd Them both of France and Spain in General Councils , as also by the Decrees of Popes , as it will appeer in the following Discours . 8. The King of Great Britain is Souverain of as Noble an Order of Knighthood as any in Christendome , wherof eight Emperours , and well neer eight times as many Kings have bin , and is more ancient then the Royal Orders of France or Spain . 9. The King of Great Britain hath had as Martial and Magnanimous Progenitors as any of the other two , who performd great Acts both far and neer ; and touching Exploits in the Holy Land , the Kings of Spain had little share in them . 10. The King of Great Britain hath as free-born and strong sturdy Peeple of four several Nations to make Soldiers of , as either France or Spain : He hath the best Mariners , the stoutest Men of War , the Noblest Haven , for so Milford is accounted by all Geographers : He hath the Inaccessiblest Coasts , with the greatest Command and Power at Sea both Defensive and Offensive of any King whatsoever . The second Section Consists of Reasons and Arguments why France doth pretend and challenge Priority of Place ; which Reasons ( under favor ) may be appliable also to the King of Great Britain , and the world knows why : But for to make the King of Great Britain come after the King of France , is to make him come behind himself , which is no less then an absurdity . The third Section Consists of the Reasons and Arguments which Spain alledgeth for Precedence , at least of an Equality with the two forementiond Kings ; extracted with as much fidelity as carefulness out of her own Authors , as Don Diego de Valdez , D. Francisco Vasquez , with others . The fourth Section Consists of a Discours of Ambassadors . T is tru , ther are some who have written of this subject already , yet not any under this Meridian ; But those Forreners who have discoursd therof do amuse the Reader with such general Notions , that the Breeding and Qualities which they require , as also the Monitions , Precepts and Instructions which they prescribe , may fit any other Minister of State , or Man of Business . But this Discours doth appropriat it self soly to the subject we undertake , viz. to the Function , Office and Incumbency of an Ambassador . A necessary Aviso to the Reader . WHeras the four following Sections which may be calld so many Decades , in regard evry one consists of Ten several Discourses , which makes forty in all ; I say , wheras they are full of Quotations , Authorities , Texts , Testimonies , and Examples , both Modern and Ancient ; And wheras the Author was not so precise as to point at the particular Pages , Paragraphs , or Chapters where they are found , and wherwith other Books have their Margens so cloggd : The Reader is humbly desird to take this Advertisement , That it belongs to School-men , and Professors of the Laws , who use to deal with matters of Meum & Tuum , or of Life and Death , to be so punctual ; But , under favor , free Historians are not tied to such a strictness : Wherfore they may modestly expect , that , with an Ingenuous Candor the Readers wold carry with them a Generous Confidence , which they may do here without scruple of Conscience , or incurring any danger to wrong their Faith. J. H. Several Books worth buying , to be sold by Samuel Speed at the Rainbow neer the Inner Temple-gate in Fleetstreet . GUillims Heraldry : Folio . Atter sol on Philemon : Folio . Ammianus Marcellinus : Folio . Porta's Natural Magick : Folio . Pharamond , a Romance : Folio . Shepards Actions on Deeds : Folio . Palmerin of England : 4. Artificial Changeling : 4. Bacons History of England : 4. Dr. Griffiths Bethel : 4. Purchas of Bees : 4. White on the Sabbath : 4. Genealogies : in 4. in 8. in 12. Mountagues Essays : 4. Perkins Catechism : 8. Judge Ramsey of Coffee : 8. Ramsey of Poysons : 8. Paracels●… of Metals : 8. Ainsworths Communion of Saints : 8. Sadlers Art of Physick : 8. Burgersdicius Logick : 8. The Life of Henry the fourth : 8. Latine Bibles : 12. Andrews Catechistical Doctrine : 12. Drexelius Christian Zodiack : 12. Wollebius in Latine : 12. — in English : 12. These to be sold by Christopher Eccleston , under St. Dunstans Church in Fleetstreet . CRooks Report : Fol. Wingates Reports : Fol. Latches Reports : Fol. Queens Closet : 12. Wits Recreations : 8. Athanasius Life : 8. Life of St. Cuthbert : 8. Littleton on the Church-Catechism : 8. Wars of the Jews : 8. Cases of Conscience about things indifferent . Grand Case of the present Ministry . Review of the Grand Case . Sales Epigrammatum , being the choicest Dysticks of Martials Epigrams , of chief Latine Poets that have been these last two hundred yeers . Shakespears Plays . Touching the PRECEDENCE OF Soverain Princes . COncerning the Pope and the Emperour , ther never was any question or controversie of their Precedencies , and consequently of their Representatives in all Transactions and Signatures , at all Oecumenical Councils , with other Public Meetings , being allowed to the One ( by those who are devoted to him by way of Filiation ) as he is held The Vica●… of Christ , The Successor of the Prince of the Apostles , The Holy Father , who hath the command of the Spiritual Sword which strikes deep , having Dominion over the Noblest part of Man which is the Soul ; Insomuch that some have magnified Him so far , and fallen to such an excess of speech , as to say , That He antecels all Temporal Princes as much as the Soul excels the Body . Nor do they onely allow him Priority of place , but out of high Ideas of Holiness , both Emperour and Kings esteem it a great honour to hold the Bason and Towel when he washeth his hands ; nay , to hold his Stirrop and Bridle , yea to kiss his Feet : according to the Poet , who gives this Character of Him : Ense potens Gemino , Cujus vestigia adorat Caesar , & aurato vestiti murice Reges . He who commands the Two-edg'd Sword , whose Feet Caesar , and crowned Kings with Kisses greet . Insomuch that when at the great Ceremony of his Consecration by the Cardinal-Bishop of Ostia , the Papal Mitre is put on his head , the chief Deacon says aloud , Accipe Tiaram tribus ornatum coronis , & scias Te esse Patrem Regum , & Rectorem orbis , &c. Receive the Mitre adorned with three Crowns ; and know , that thou art the Father of Kings , and Rector of the world , &c. From hence is derived the Precedence that all other Church-men have ; as at the Election of the Emperour , the three Ecclesiastical Electors , viz. the Archbishops of Mentz , Colen , and Triers , take place of the King of Bohemia , and all the rest . Moreover , out of a special Veneration of the Church , when the Tremendous Oath is read and administred unto them to be just in their choice , the Archbishops put their hands onely upon their Breasts , whereas all the Secular Electors hold their hands upon the Book all the while . Adde hereunto , that the Cardinals being Princes of the Church , deduce such a Pre-eminence from the Pope , that they take Precedence of all Ambassadours whose Masters are devoted to the Roman See. Moreover , among the Peers of France , the Six Spiritual without any scruple take Precedence of the rest : as also our Bishops do in England in the Parliament-house of all the Lay Peers . Furthermore , the Pope hath still such a sway and influence upon the Emperour , that he cannot be stil'd Augustus , or receive the Golden Crown , until he be confirmed by the Consistory at Rome . Of the Emperour . WE come now to wait on the Emperour , who retains still the Title of Caesar , and Semper Augustus : He also is stil'd Numen , Divus ; and his Edicts are call'd Sancita Divalia , God-like Decrees . For many Descents the Empire continued in the Race of Iulius Caesar , until Domitius Nero's time ; then the Name of Caesar grew to be Accidental , and given by way of Adoption to the Heir apparent of the Empire , whereas before he was call'd Princeps Iuventutis : and when the Western Empire came to be reviv'd in Charlemain , the next to succeed was term'd King of Italy , but now he is created King of the Romanes ; which Institution was made by Charles the Fifth . Iulius Caesar was the first who rais'd Rome to an Empire , though it cost him dear : for the Foundation thereof was cimented with his own blood , being assassinated in the Senat by his nearest Confidents in compassing that great work : whereby 't is observable what an extraordinary kinde of Fate did betide that City : for as the first Foundation thereof was sprinkled with Blood when Romulus caus'd his Brother Rhemus to be put to death , when the first Walls thereof were erecting ; so the Roman Empire was afterwards first raised by Caesar's Blood. And the Spiritual Empire she enjoys since , may also be said to have been raised by the Blood of Christian Martyrs , among whom above thirty of the first Bishops of Rome were of the number . Now , if one should compare the present Roman Empire with the Old when it was at the highest flourish , the Parallel would bear no more proportion then a Wren ( who yet is call'd in Latine Regulus , a little King ) doth hold with an Eagle : for the Roman Monarchy when she was at the greatest pitch of Sublimity and Altitude of Puissance and Glory , may be said to have no Horizon , no Termination ( as the Author hath it elsewhere ) while she sate upon her seven Hills , she may be said to have overlooked the World. The City of Rome was then fifty Miles in circuit ; five hundred thousand Free Citizens were computed to sleep within her Walls , by that famous Cense which Vopiscus speaks of . The Roman Eagle fixed his Talents upon the banks of Euphrates Eastward ; on the Nile , and the Mountains of the Moon , South ; on the Danube and Rhin Northward ; and West , as far as the British and German Ocean . Her annual Revenues were computed at 150 Millions , whereof the Salary of her Legionary Soldiers amounted yearly to above 20 Millions , &c. But that high-soaring Eagle , who with full-summ'd Wing flew so far , and may be said to have the Sun himself for her Companion , now with a few broken and tatter'd flaggy Plumes flies onely twixt Danube and the Rhin ; and were she not impd with Austrian Fethers , she wold be as bald as a new-pluck'd Capon . Yet for all this Fatal Stoop , had the Emperour at present all Germany entirely subject to himself , as he precedes in Title and Place , so he might haply compare in Power with any one Christian Prince : for Almaine or Teutony is a Continent of such a vast Expansion , that it might give the Law to any one single Kingdome in Europe were it subject to one Head. But the Emperour in statu quo nunc , may be said to be but Titulary Emperour of Germany : for of those Ten Circles where into it is divided , viz. Austria High and Low , Franconia , Bavaria , Saxonia , Westphalia , the Lower Circle of Saxony , the two Palatinats , and Burgundy , he hath no absolute Authority but onely in Austria , which is his Patrimonial Inheritance . The Government of the rest , though it be principally in the Emperour , 't is diffusedly in the Dier or Imperial Parlement , but contractedly and actually in the seven Electors , who have a kinde of Ius Regale in them , as power of Life and Death , Coyning of Moneys , Levying of Men , and settling what Religion they please ; it being a Rule and Prerogative among them , That Quilibet Imperii Status tantum possit in suo Territorio , quantum Imperator in toto Imperio : Every State of the Empire hath as much power in his own Territory , as the Emperour hath in the whole Empire . Yet they cannot make any League or Confederacy with any other Prince , but with this Reservation , That it be not prejudicial to the common Peace of the Empire . Now we finde that there were many fatal Causes which concurred to bring the Roman Empire to so low an ebb : The first was the Translation of the Imperial Court from Rome to Bizantium or Constantinople , whereby the Eagle grew to be a Monster with two heads , the one looking Eastward , the other West : yet he of the East stil'd himself still for about 400 years The Roman Emperour , governing the West by Deputies ; during which time , a world of tough Northern Nations broke into Italy to draw nearer the Sun ; and there as well as in other places , took firm footing , until Charlemain chac'd them away , who first stil'd himself Emperour of the West by an Agreement made with Nicephorus at Constantinople : which Western Empire also received soon after a fatal Blow by the Partition that his Son Lewis the Debonnaire made to finde Portions for his three Sons ; insomuch that the Roman Empire came to be coop'd up at last within the German Pale : and since that time it stands upon Historical Records , how from the Raign of Rodolph the first , above 200 Princes , States , and Imperial Cities , have dismembred and emancipated themselfs from the Empire ; some by working upon the Emperours Necessities , and furnishing him with Tresure to support his Wars ; and for their Moneys they had Immunities granted them equivalent to a Releasement from Subjection . Moreover , as the Popes Temporal Dominions most of them were Plumes taken from the Roman Eagle , so the change of Religion by the Lutherans did much weaken him , for many since revolted quite from him without paying any thing . the last were the Lituanians , the Swisses , and Geneva ; the first fell from Charles the Fifth , who summoning them to their Obedience , and threatning else to reduce them by Arms , they returned this jeering Answer , That they believed his Horse wold tire before he could reach the Skirts of Lituania . And the Swisse falling from their Spiritual Obedience to the Pope , fell also from their Temporal Allegiance to the Emperour , and to have any thing to do with the Chamber of Spire . Thus we see in part the Degrees and Causes of the Declination ●…f the Roman Monarchy at first , and of the German Empire afterwards , which may be said to have shrunk from a great Lyon into a Cat-skin . But to know the principal cause , we must cast our eyes upward , and attribut all to the Will and high Plesure of the All-disposing Emperour of the Universe , who as he puts bounds to the raging Billows of the great Ocean , so he sers Boundaries and Periods to all Earthly Grandeurs . Nevertheless , though in point of Power and Territories the Emperour be grown so weak and naked in comparison of what he was , yet in point of Precedence and Dignity he bears up still the same , being accounted the prime Potentat , and Prince paramount of Christendome . And well may all Christian Kings esteem him so , in regard that their Territories may be said to be but Branches of the great Roman Tree , which falling off , and taking new Roots , they began to taper up , and grow to be Regal Trees of themselfs . Great Britain , as she was the last that was reduced under the Roman Yoak , so she was the first who shook it off , and enfranchiz'd her self : which is no mean honour and advantage to her King in point of Precedence , as will appeer more at large in the ensuing Discourse . Nor is the Emperour and his Ministers thus esteem'd among Christian Kings onely , but also by the Turk , who stiles him still the Roman Emperour , and next himself the greatest Monarch ; reputing his Ambassadours accordingly , by allowing them to have Palaces in Constantinople the same side the Seraglio is on ; and they go always concomitant with the Ottoman Court wheresoever it removes . They have the Precedence given them of the Ambassadors both of the Persian and Tartar , notwithstanding that the first holds himself the greatest Potentat upon Earth , having a custome duely observed , that after Dinner an Officer winds a Trumpet at his Court-gate towards the four parts of the world , to give notice to all other Princes that he hath Dined already , and so they may go now all to Dinner . And concerning the Persian , the example of the Lo. David Ungnadius shall serve , who being Ambassador in the Turks Court for the Emperour , and coming for Audience to the Duana , the Persian Ambassador had come before , and got the Chair ; but Ungnadius offering to go away , the Gran Visier caus'd an upper Chair to be put for him . Another time at Mahomet the thirds Circumcision , which lasted 40 days , there being then in Constantinople the Ambassadors of the greatest Monarchs upon Earth , yet the Ambassador of Rodulphus the Emperour had the Precedence of them all . All this is but Collateral to the main Designe of the intended Discourse , which aims chiefly at Kings , whereunto we now hasten ; but we will first give a few Hints or Prolegomenas of the Original of Kingly Government . Of Royalty , or Kingly Government . THere is a Saying in France , Pape par voix , Empereur par Force , Roy par Nature : Pope by Choice , Emperour by Might , King by Nature , viz. Successive , and Hereditary Kings who ought to have the Precedence of Elective . Whence may be inferred , That Kingly Government is most agreeable to Nature . Now 't is a tru and elegant Principle , That Naturam sequi est Deo obsequi ; To follow Nature is to obey God. Concerning the Character or Title of King , it is of a more ancient date then that of Emperour . For they who grope at Government before the Floud , speak of Kings in Chaldee and Egypt . Rome began with Kings , and it may be said , that it was more the Peeples Wantonness then Tarquin's which put them down . Afterwards the Name of Emperour was given to that person who was Commander in chief of the Army or Praetorian Bands , and Legionary Soldiers : it was not a Title of that Sublimity and Transcendence as it proved afterward . Among the Greek Authors the Names of Monarchs , Kings and Emperours are taken promiscuously : But all Writers that pretend to Policy , acknowledge that Kingly Government of all other as it is the most ancient , ( and may be said to begin with Adam ) so it hath most conformity with that of Heaven , whence the best patterns for all Humane Actions are to be fetch'd , and 't is no presumption to do it . Moreover , of all kinde of Ruling Powers , Royalty is the prime ; for in it , as the Civilians say , there is formalis , & completa gubernandi ratio , the most formal , and compleat Essence of Government . Royalty also hath the easiest , the fewest , and certainst Principles , ( if any certain can be found ) for there is no Knowledge so subject to confusion and incertitudes , as the Art for Man to govern Men ; It could never yet be brought to a Science , which consists of general and tru Apodictical Demonstrations . The Reason may be , the various Inclinations , Caprichio's , and Humours of Peeple , proceeding from the diversity of Climes , and Coelestial Influences ; as also , from that World of Contingencies which attend Human Negotiations ; likewise from the diffring Positions of Earth , for those Laws and kinds of Government which may be proper for the Continent , will not fit an Insulary Peeple ; nor those Laws of a Maritime Country can sute with meer Inland , or Mediterranean Territories : Therefore , that Gran Senior of all Knowledge , the Stagirite , whereas he useth to be constant to himself while he gives Maximes for other Sciences , when in his Politiques he comes to Human Government , and beats his Brain how to prescribe certain Rules conducing thereunto , He is not found onely at a loss , and wavering to himself , but he wraps his Scholars here and there in Clouds of Ambiguities . Nor can we blame him and others to rove up and down in that manner upon this subject , it being beyond the compass of Human Brain to enact such Laws may fit all times , prevent all accidents , and quadrat with the Genius of all Nations . Some Peeple are so fiery-mouth'd that they must be rid with a Bit , Curb , and Martingale ; but a snaf●…le and gentle hand will serve to manage others : Now 't is observ'd , that they who inhabit hard and barren Countries , are more easily govern'd then those who live in fat and luxurious Soyls , where being pamper'd with Plenty and Wealth , they are apt to grow wanton , and kick at , or overthrow their Riders . Yet it may be said , that there is one certain and Universal Rule for Government , and to keep a Peeple in a constant and exact Obedience ; and that Rule is , For the Soveraign Prince to have always a standing and visible actual Power in motion , as well to conserve as to curb a Peeple in case of any Commotion ; And 't is consentaneous to good Reason , that the Subject shold contribut for this general Protection , according to the saying , Defend me , and spend me ; that so evry one may rest under his own Roofs , and sit at his own Fires in quietness and safety . In sum , All Statists concur in this , That there is an Awe due to a King , as well as Affection ; He must be a Dread Soverain , as well as a Gracious ; and that Goverment●…s best temper'd where a few Drams of Fear are blended with the Peeples Love. But now to our main Work. Touching The Precedence of Kings , And particularly of the great TRIUMVIRS , OR The Three most Potent KINGS in Europe . IN discussing this high Point , we will first look Westward : For there is a Story tells us , That once when there were divers who stood in competition for the Kingdome of Persia , it was agreed between them , that the next morning they shold all meet in a great Plain , and he who did first see the Sun rising , and that his Horse did neigh , shold be the King. Being met on Horse-back at break of day , as the rest stood gazing towards the East , Darius one of the Competitors , look'd always towards the West ; and at last finding a glance of the Solar Beams , his Horse neighed ; whereat he suddenly turned back , and so claim'd the Kingdome : So , to finde the truth of what is here sought after , we will first look Westward towards Great Britain , whose King may compare with any other whatsoever for these Reasons . First , for Antiquity of Predecessors , and particularly of Christian Kings . Secondly , for an Independent , absolute and unhomageable Possession and Authority , both Spiritual and Temporal . Thirdly , for Eminence of Royal Dignity , State and Titles . Fourthly , for Martial Exploits and Atchievments abroad . Fifthly , for a stout and strong sturdy freeborn Peeple , with a plentiful Masculine Country , and generality of Wealth . Sixthly , for a Royal long-lind Extraction and Blood. Seventhly , for Hospitality , and a plentiful Kingly Court , with number of Officers , and stately Attendance . Eighthly , for diversity of Nations , and diffring Maternal Languages ; As also that no Kings Face shines upon his Coyn in purer Metal . Ninthly , for Prudential Laws and Constitutions . Tenthly , for Greatness of Power by Sea and Land Defensive and Offensive , With other Prerogatives : I say , that the King of Great Britain may hereby not onely claim an Equality with the other two , but stand fair for a Precedence . Now , for proof of all the fore-pointed Particulars , we will put evry one by it self , and treat thereof in several Paragraphs ; and first , Of the Antiquity of the King , and particularly of the Christian Kings in Great Britain , whereby we take A Jove Principium . — IT is observed by most Annalists who write of Countries and Nations , that the Britains who were the Aborigenes , the Primitive Inhabitants , and may be said to be Connatural with this Iland it self , were by a special instinct much devoted to the contemplation of heavenly things : For the ancient Druydes that were the first Divines or Professors of Religion , ( who in lieu of Monasteries or Colleges , were used to retire themselfs to Woods and solitary places to speculat the Works of God and Nature ) were renowned far and near beyond the Seas ; and the Emperour Iulius Caesar writes , that the Gaules ( now French ) were wont to come over to be instructed by the British Druydes , who , as he saith elsewhere , and is seconded by Cornelius Tacitus , ( which spent part of his life here ) had more pregnant capacities then the Gaules . Now , in those times ther were divers Martial Kings here , whereas they scarce make mention of any in Gallia . To avoid prolixity , we will instance onely in Boadicia that admired Virago , and Cataractus , who having maintain'd for many years this Kingdom from the Romanes more by the Bodies of Men , and pure Natural Valour , then by Arms , was at last carried Prisoner to Rome , where being not a whit daunted , he reproach'd the Romanes , ( yet with a kind of complement ) That he wondred how they having such stately Palaces at Rome , wold take such long hazardous Journeys to dwell in homely Houses of Clay , as those of Britain were in those days . Before the Romans raigned here , there had been very many Kings of this Iland , for Cassibelan whom Caesar speaks of , was the sixty third British King thereof ; when it pleased the Father of Light to display the early Beams of Christianity in this Iland , which was very betimes : for , as Gregory the 15th says in his Letter to his late Majesty at that time in Spain , ( which he was to receive in common civility as the Pope is also a Temporal Prince ) No sooner did the Roman Eagle fly over hither , but the Standard of the Cross was inarborated and set up : I say , that then , which may be said to be in the nonage of the Church , Lucius Surius , call'd in British , Llei vab Coel Lucius , the Son of Coel , ( who was King before him ) sent to Eleutherius for his Laws to govern the Church by , who returned him this answer : Vicarius Dei estis in Regno vestro , Gentes vestri Regni pulli vestri sunt , &c. Habetis penes vos legem , & Fidem Christi ; Habetis utramque paginam , &c. You are Gods Vicar in your Kingdome , your Peeple are your Chickins ; you have the Law , and Faith of Christ ; you have both the Testaments , &c. This King Lucius afterwards having frequent symptomes and fits of extraordinary Devotion , forsook all earthly Pomp and Plesure , and went on Pilgrimage to Rome , where he employed the remnant of his life in the Theory of holy things , and to study the Art of Mortification , as Venerable Bede and Baronius , with all Authors both Old and New , do affirm . Now , this was a long tract of time before ther was any Christian King in France or Spain , or indeed any where else . 'T is true , that St. Iames the Apostle was in Spain , but as the Story says , there were but nine persons that were converted ; but in Great Britain it may be said , that as the Sun when he begins to appear and culminat in the East , doth as it were in a moment enlighten the whole Hemisphere ; so the Rays of the Son of Righteousnes did with marvellous celerity and success ( leaping over as it were many other Countries ) illuminat this Western Iland first , insomuch that when Austin ( whom many call The Apostle of the Saxons or English ) arrived here some Ages after , ther were then in Bangor and elsewhere above 2000 Monks . He found the Pentateuch of Moses & the New Testament translated into British , as also a Form of Divine Service , which stand yet upon record . The huge Continent of Germany , with Norway and Denmark , with divers other Countries , acknowledg to have receiv'd the first light of Learning and of the Gospel from hence by Winfrid and Willebrod , as an ingenious German-Poet confesseth in these Numbers : Haec tamen Arctois laus est aeterna Britannis , Quòd post Pannonicis vastatum incursibus Orbem Illa bonas Artes , & Graiae munera Linguae , Stellarumque vias , & magni sydera Coeli Observans , iterum turbatis intulit oris , Quin se Religio multùm debere Britannis Servata , & latè circum dispersa fatetur ; Quis nomen Winfride tuum , quis munera nescit ! Te Duce Germanis pietas se vera , Fidesque Insinuans coepit ritus abolere prophanos ; Quid non Alcuino facunda Lutetia debet ? &c. And as it is the consentient Opinion of all Antiquaries , That the first Christian King who ever raign'd in Europe was of this I le , so the first Christian Emperour ( Constantin the Great ) came from her Bowels , being Son to Helena that renowned British Lady , who bears one of the first places in the Catalogue of Saints , and is called Elen luyddiog ( the Warlike Helen ) in Welc●… to this day . These Premises being well weigh'd , this Conclusion may be deduc'd , That the King of Great Britain may well claim de Iure the title of The first Son of the Church . Therefore , under favor , it may be justly question'd why the next King Eastward shold assume it ; for Clouis the first Christian King in France was neer upon 400 years after King Lucius , as all Historians do assert . Moreover , t is well known that besides the title of Defendor of the Faith , ( whereof we will speak hereafter ) the title of Christianissimus was sent to Hen. 8. with much solemnity by Pope Iulius the second , accompanied with a Cap of Maintenance , and a Sword ; which title was confirmed by Authority of the Lateran Council : which great transaction was solemnly publish'd in the Cathedral Church of St. Paul , and seconded with Justs and Tournements ; yet this was but the renewing of an old Title , for among the Saxon Kings some were call'd so , and ther are Records yet extant that King Oswald and Edward the third were stil'd so . We will conclude this Paragraph with this Observation , That Great Britain was the first Country in Europe who shook off the Roman Yoak , and rais'd some of the former old British Blood to be Kings again for many Descents , insomuch that the Romans here made but an Interregnum : And this was before any absolut King was elsewhere in Europe upon the declinings of the Empire , specially in France and Spain , who continued but Roman Provinces many years after . We will now to the second Paragraph . Of the Independent , Absolut and Unhomageable Possessions and Authority , both Ecclesiastical and Temporal , of the King of Great Britain . FRom the precedent Paragraph it appears , That Albion or Great Britain was a Royal I le from the beginning , since there was any coalition or aggregations of mankind within her to govern . For in the body of the British Laws made by Mulmutius Dunwallo , which are yet to be read in fair British-Manuscripts , ther are these words , Un Goron arbennig y sydd y ynis Bridian ; One Monarchical Crown is held in the I le of Britain : Just according to the ancient Greek Poet : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Many Lords are not good , let there be but One. Now from that time to this , the King of Britain had and hath as Souveraign and incontroulable a sway as any . 'T is true that he admits others sometimes to share with him in Counsel , but not in Power : by a kind of Influence he gives Light and Command to others , but he himself receives none from any . In the Neighbouring Monarchies it cannot be said so , and particularly in France and Spain , where it may be said ther is Regnum in regno , ther is another Power à Legatus de latere , that in a Court of Plea sways ore the Ecclesiastiques who make a considerable part of the Peeple . Touching the latter , the King of Spain is Feodary either to the Pope , the Emperour , or to France , for all the Countries he hath : The Kingdomes of Navarre and Granada were made Feodary to the Pope under Iulius the second : Aragon to Innocent the third , as also Sardinia in formula fiduciae . Sicilia is relevant from the Church , as also both the Indies and the Canary Ilands . For the Kingdome of Naples and Calabria he sends a Mule , with a Purse-full of Gold , as a Heriot to Rome evry year , ( for fear of an Excommunication the next day ) at the receit whereof the Pope says , Sufficiat pro hac vice . He holds the Dukedome of Milan from the Empire , and most of the Provinces in the Netherlands from France , whereof he is a double Peer , as he is Duke of Burgundy and Earl of Flanders . Now 't is questionable among the Civilians , whether a Feodary or Homager may be call'd an Absolut Prince , specially when Appeals may be made from him to another Court , as the Spanish Clergy may from the King to Rome in divers cases . The Kings of ENGLAND are free from Subordinations of that kind , as the Fundamental Laws of the Land , and all the ancient Learned Judges do evidence . 'T is a Principle in the English Laws , ( which is confirm'd by Baldus , and other great Forren Jurists ) That Rex neminem habet in Dominiis suis nec Superiorem nec Parem : The King in his own Dominions hath neither Superior nor Equal , ( He may be said to be both Caesar and Pompey . ) There is another , Omnes sub Illo , Ille sub nullo ; All under Him , He under none . Another yet , Satis habet Rex ad poenam quod Deum expectet Ultorem : 'T is enough for the King that God is to be his Judge ; which is expressed in this Distic : Subditus in Regem peccat , Legemque Fidemque At Rex in Solum , Rex quia , nempe Deum . Ther are divers others that are conducing hereunto ; As , The King must not be put to do any thing per aspertè , but of his free plesure : The King never dies , but the Heir apparent is King Inchoative as soon as the former dies ; and the Coronation is but a meer Ceremony not Essential : for divers Kings , as Hen. 5. and others , had Alleageance sworn unto them before they were Crowned . There are more Maximes yet , That the King can do no wrong , but his Ministers may , through whose mouths he pronounceth sentence . Moreover , Nullum tempus occurrit Regi , Ther 's no Immemorial or Prescription against the King. It is High Treson not only to contrive , but to imagine ill against the King. By the Kings Prerogative Life it self may be leased , &c. But that Traverse twixt King Iohn and the Legat Pandolpho , when they say he transferred the Crown to the Pope , is much insisted upon : wherunto t is thus answered : That ther are four great things whereof the Records cannot be found : The first is that wherin the Emperour Constantine gave Rome to the Pope ; The second is that wherin Venice hath the Dominion of the Adriatic or Illyrian Gulph ; The third is the Salique Law ; The fourth is that Instrument wherby King Iohn pass'd over his Crown , and made the Pope Lord Paramount of England . Sir Thomas More , who was so far devoted to Rome that he is canoniz'd for one of her Martyrs , denieth absolutly that King Iohn either did or could make England Feudetary to the Pope , because without the consent of his Barons an Act so much prejudicial to his Royal Successors was not valid ; and that the Peter-pence which they hold to be a Tribut relating to the foresaid Act , was but a meer Alms which was given by King Ina 500 years before . Moreover , put case ther had been such an Act , yet it stands upon good record that Innocentius the third did give a Release in these words ; Per Praeceptum Domini Papae 7 Iulii Homagium relaxatur omninò . The Rome-scot also was but Regis larga benignitas , the Kings bountiful kindness . Adde hereunto , that when the Pontificial Power was here at the highest pitch , no Legat de latere was allowed , but the Archbishop of Canterbury ( his Subject ) who by his Dignity is perpetual Legat de latere , He is Legatus natus ( as he of Toledo is in Spain , and the Primat of Armagh in Ireland ) and in point of Precedence , at the Council of Clermont anno 1096. a Prerogative was given him for ever to sit at all general Councils at the Popes right foot ; Pope Urban at that time declaring in these terms , Includamus hun●… in Orbe nostro tanquam alterius Orbis Pontificem Maximum , Let us include him in our world as Pope of another world . 'T is true , ther have been other Legats de latere upon extraordinary occasions admitted , but it was with the Kings leave , and with this Proviso , That he hath no Authority to hold Plea in the Realm prejudicial to the Laws thereof , or derogatory to the King. Thus it appears that no Extern power hath any thing to do in Great Britain ; and as the Pope , so the Peeple neither , whether consider'd Diffusively , Collectively , Representatively , or Vertually , partake any thing of the Souverain Power ; ther is no power either Co-ordinat , Co-equal , Corrival , or Collateral with it . The Kings of England have had always by the known Laws of the Land a pure underived Power , not depending upon Pope or Peeple , or any other Prince whatsoever : They are Kings by the Grace of God , which implies no earthly Dependency . It stands upon good record , how King Ina in the Preamble to his Laws ( for he was a great Legislator ) begins , I Ina , by the Grace of God King , &c. and this was above a thousand years ago , about two hundred years before Charlemain , in whose time that stile of Dei Gratia came first in use in the Empire . And as on Land the King of Great Britain hath such a Latitude and Independence of Supreme Power , so by Sea he hath the like ; which is such , that ( without disparagement , much less any injustice to any ) I may avouch no other Prince hath the like . The greatest claim of Sea-Dominion that France makes , is to the Coasts of Armorica , or little Britany , and a few Leagues in the Mediterranean . The Spanish Laws are for the community , and free use of the Sea , challenging no Dominion at all . Ther are divers States in Italy that claim a particular command and propriety in some Seas ; as the Duke of Tuscany challengeth a Dominion of the Tyrrhene Sea ; the State of Genoa of the Ligustique ; Venice claims a right to the Adriatic as ( symbolically ) to a Husband , for she marries him upon Ascention-day evry yeer , the Duke going in procession with great solemnity in the Buantoro to that purpose , and throwing a Ring into the water ; and She hath power to do in that part of the Sea which she calls her Gulph , as much as she can do in Venice it self in point of laying Impositions and Gabels , and to cause what Mercantile ships she please to unlade their Cargazons at the City of Venice it self . God and Nature hath much favoured the King of Denmark with the command of a Neck of Sea , I mean the Sound , for it is the strongest Sinew of his Crown by the Tolls he receaves of those who pass and repass into the Baltik . He commands also at large the Norwegian or Hyperborean Sea. But among all , if we observe his Title , the King of Portugal hath a greater Maritime command then all these , which Title runs thus : Dom Manuel por Graca de Deos Rey , &c. Senhor de Guinee , & da Conquista , Navigacaon , & Comercio d' Etiopia , Arabia , Persia , & da India à Todos , &c. Don Emanuel by the Grace of God King , &c. Lord of Guiney , and of the Conquest , Navigation , and Commerce of Ethiopia , Arabia , Persia , &c. These are the Princes who have most command of Sea , but they command only the Strands and Ports , or Maritime Tract . They cannot be said to command the Sea it self , as the King of Great Britain doth , for he commands no less then four Seas , which are circumfluent about his Territories ; and the Law says , The Sea is of the Ligeance of the King as any other thing : He is Protector as well as Lord of them : He takes both the Dominion and Defence of them ; also he scowres and secures them from Pyrats and Praedatory Rovers : He makes all ships , whether Merchants or Men of War , Forreners or Subjects , to dash their Colours , and strike their Topsayls not onely to his Castles , but to any of his ships Royal as they pass and repass . Which mark of Dominion the Republic of Venice hath not , though she also hath her Gallies always in cours to scowre and secure the Gulph from Cursaries and Robbers , which is one of the chief Regalia's St. Mark hath , though the Sea she thus commands be scarce 30 Leagues in extent , for it is but fourscore Italian Miles . Nor doth the King of Great Britains Dominion terminat in his own Seas , but as most Civilians hold , it extends as far as the shoares of his Transmarin Neighbours , and as far North as the Artic Circle : which Grotius did once acknowledg , and publish to the world ( though another Caprichio came into his head afterwards ) in the Panegyrike he sent King Iames at his Inauguration , when he says , — — Rerum Natura Creatrix Divisit populos , & metas ipsa notavit ; Sic juga Pyrenae , sic olim Rhenus , & Aspes Imperii mensura fuit . Te flumine nullo Detinuit , nulla nimbosi verticis arce , Sedtotum complexa Parens hic terminus ipsa Substitit , atque uno voluit sub limite claudi ; Te sibi seposuit supremo in gurgite Nereus ; Finis hic est qui fine caret , Quae meta Britannis Littora sunt aliis , Regnique accessio tanti est Quod ventis , velisque patet — We will put a period to this Paragraph with a Request to the Reader , That having well weighed the Power of the King of Great Britain , and joyn'd that of the Sea with the Land , as also the Reasons of the preceding Paragraph with this , to judge whether it be fit that He shold go or come in the Arriere to any King whatsoever . We will now to the third Paragraph . Touching the Eminence and Royal Dignity , the State , Grandeur and Titles of the King of Great Britain . Corsetus , a known and well-accounted Author , divides Kings into Illustres , and Super-Illustres ; He gives the King of England the second place among the Super-Illustres ; and one of the Reasons are , that he is an Anointed King , whereas the King of Spain and others are not , unless the King of Spain may claim it as he entitles himself King of Ierusalem and Sicily ; for besides the Kings of England and France , they two are onely capable of being Anointed . The King of England hath a Gift also to cure the Strumatical Disease , call'd therefore in England The Kings Evil , ab effectu sanationis , whereas in French 't is call'd Les Ecrouelles , and Los Lamperones in Spanish , &c. Some have written that the King of England hath a Vertu to cure this Disease as he is King of France ; but that 's a vulgar Error : for King Edward the Confessor was us'd to heal that way , which was 300 years before . Platina makes the King of England Filium Adoptivum Ecclesiae , the Emperour Filium Primogenitum , and the French King Filium natu minorem ; One the Adopted Son , the other the First-born , the third the Cadet or younger Son. Volaterranus is related by Philippus Honorius in a well-known Work of his call'd Praxis Politicae prudentiae , anno 1610. that Iulius 2. gave the Precedence to the English Ambassador before him of Spain . Hen. 2. was King of Ierusalem , and Edward 3. was made Perpetuus Vicarius Imper●…i , which is no mean Title . The Spanish Ambassador never questioned the Precedence of the English Ambassador till in the Council of Basile ; and touching the Contest twixt them in the Council of Constance , ther was at Lovain Anno 1517. a Book entituled , Nobilissima disputatio super dignitate & magnitudine Regnorum Britannici & Gallici habita ab utriusque Oratoribus in Concilio Constantiensi ; where you see he puts Britains King before the French in the very Frontispice ; and the chiefest Reasons asserted therein are found in this Discours . Hen. 6. employed Thomas Polden Bishop of Chichester , with others , in quality of Ambassadors to the Council held at Siena , to claim his session , otherwise he would protest , and poursue the Protestation . In the Raign of Hen. 6. ther was a Public Instrument put forth by Ericus King of Sweden and Denmark , wherein he puts England before France ; which Instrument ●…uns thus : Caveant omninò Mercatores & alii quicunque homines & subditi Reg. Angliae & Franciae ne de caetero sub poena amissionis vitae & Bonorum , visitare praesumant Terras Islandiae , Finmarchiae , Halghalandiae , seu alias quascunque Terras prohibitas , aut Portus illegales in Regnis Daniae , Sueciae & Norwegiae . An authentic Copy of this Instrument was brought by the Danish Ambassador to Breme 1562. and shew'd to the English Delegates there at that time from Queen Elizabeth about the great business of the Hans Towns. In the Capitulations of Peace twixt Hen. 7. of England , and Iohn 2. of Denmark and Norway 1490. England is put before France : as for example : Sancitum est quod Mercatores , & Homines Ligii , Piscatores & quicunque alii Reg. Angliae & Franciae subditi liberè possint temporibus futuris in perpetuum ad Insulam Tyle i. e. Islandiam , &c. Augustus de Cavallis , who is no obscure Author , infers the Queen of England from her Ancestors , both in respect of Inheritance , Conquest and Gift , to be Queen of France de Iure . In the Treaty twixt Hen. the 7. and Philip of Castile 1506. the English Commissioners subsign'd first . As also in the Treaty of Marriage with Queen Mary , Anno 1533. the first Signature is given to the English Ambassadors . When Queen Elizabeth employed the Earl of Derby , the Lord Cobham , Sir Iames Crofts , Doctor Dale , and Doctor Rogers in quality of Ambassadors , with their Assistants to Ostend , anno 1588. Dignitatis Praerogativa & incedendo & sedendo , The Prerogative of going and sitting was given her Ambassadors . In the Treaty at Bullen twixt England and Spain for renewing the Burgundian League , Queen Elizabeth sent Sir Hen. Nevil , Sir Iohn Herbert , Robert Beale and Tho. Edmunds , who in their Instructions had command in no case to give Precedence to the Spanish Ambassadors ; but being met , ther was a Contest happend : The English produc'd a Certificat procur'd privatly from Rome out of the Book of Ceremonies there , which according to the Canon giveth the Rule in such cases , That the King of England is to have place before the King of Castile ; That the English quietly held this Right in the Councils of Basil , Constance , and others : They alledg'd also that the Kingdom of Castile ( which is the Spaniards first Title ) is but an upstart-in regard of England ; for it had no Kings but Earls till the year 1017. Moreover , Pope Iulius 3. gave sentence for Hen. 7. of England against Ferdinand of Spain in this particular , &c. Furthermore , for Eminency of Title , Great Britain is oftentimes calld an Empire by Forren Authors ; nay , Pope Urban terms it a World of it self at the Council of Clermont almost a thousand years since , wherin the Archbishop of Canterbury is call'd Alteterius Orbis Papa , The Pope of another World : What wold he say now that Ireland and Scotland are added ! Some of the Saxon Kings stil'd themselfs Emperours , as Ego Ethelredus , Ego Edgarus Anglorum Induperator , &c. William the Conqueror writ , Ego Willielmus Rex Anglorum ab incarnatione Domini 1089. 2 Anno mei Imperii . This is found upon record in his Charter to the Monastery of Shaftsbury . In Hen. 8. Raign , the eighth year thereof , England was declar'd an Empire in Parlement , where he had also these Epithets , Metuendissimus , Praepotentissimus ; and London was call'd the Imperial Chamber . But most memorable is that of King Edgar in the Charter that he gave the Church of Worcester ; Which Charter is yet extant , and runs thus : Altitonantis Dei largifluâ clementiâ , qui est Rex Regum , Ego Edgarus Anglorum Basileus , omniumque Regum , Insularum , Oceanique Britanniam circumjacentis , cunctarúmque Nationum quae infra Eam includuntur Imperator , & Dominus ; Gratias ago ipsi Deo omnipotenti Regi meo qui meum Imperium sic ampliavit , & exaltavit super Regnum Patrum meorum ; Qui licet Monarchiam totius Angliae adepti sunt à tempore Athelstani , qui primus Regnum Anglorum & omnes Nationes quae Britanniam incolunt , sibi Armis subegit , nullus tamen Illorum ultra ejus fines Imperium suum dilatare aggressus est . Mihi autem concessit propitia Divinitas cum Anglorum Imperio omnia Regna Insularum Oceani cum suis ferocissimis Regibus usque Norwegiam , Maximamque Partem Hiberniae cum sua nobilissima Civitate Dublinia Anglorum Regno subjugare . Quos etiam omnes meis Imperiis colla subdere , Dei favente gratia , Coegi . Quapropter ut Ego Christi Gloriam & laudem in Regno meo exaltare & ejus servitutem amplificare devotus disposui , & per meos Fideles Fautores Dunstanum Archiepiscopum , Ayeliolanum ac Oswaldum Archiepiscopos quos mihi Patres Spirituales , & Consiliarios elegi magna ex parte disposui , &c. Facta haec sunt anno Dom. 964. Indictione 8 Regni . Ego Alfrye Regina consensi , & signo Crucis confirmavi ✚ . This being so ancient a Record , and of so high a Tenure , I thought good to render it into English for the satisfaction of the Common Reader . By the clemency of the high-thundring God , who is King of Kings , I Edgar King of the English , and of all Kings , of Ilands , and of the Ocean circumjacent to Britain , and of all Nations which are included within her , Emperour and Lord ; I give thanks only to Almighty God my King , that he hath amplified and exalted my Empire above the Kingdome of my Fathers , who although they had obtain'd the Monarchy of all England from the time of Athelstan , who was the first that subdued the Kingdom of the English , and all Nations who inhabit Britain , yet none of them attempted to dilate his Empire beyond its bounds . But propitious Divinity hath granted unto me to subjugat , together with the Empire of the English , all the Kingdomes in the Iles of the Ocean , with their most ferocious Kings as far as Norway , and most part of Ireland , with her most Noble City of Dublin . All whom I compell'd to bow their Necks to my Commands , the Grace of God so favouring me , &c. This King Edgar , though very little of stature , was so magnanimous and successful , that he was Row'd upon the River of Dee by four subjugated Kings , whereof Kennad King of Scots was one . Ther is also a very remarkable and authentic story of King Canutus afterwards , who being upon Southampton-Strand at the flowing of the Sea , he sate in a Chair of State which was brought him upon the sands ; and the Billows tossing and tumbling towards him , he gave the Sea this command : Thou art my Subject , and the Earth wheron I sit is mine , and ther was none yet that ever resisted my Command who went unpunish'd : Therefore I command Thee that Thou come not up upon my Earth , nor presume to wet the Garment , or the Body of thy Lord. But the Sea continuing his cours , dash'd and wetted his feet and thighs illfavouredly , without any reverence or fear : whereupon the King stepping back , declar'd , That none is worthy of the Name of a King , but only He whose Nod both Sea and Earth observd . And , as the story hath it , he never wore the Crown of Gold again , but being fix'd to a Cross , did consecrat it to the Image of our Saviour . Ther have been also Titles of Dignity given to our Kings in the Abstract , ( which hath more of State and Substance in it then the Concret ) as Celsitudo Tua , Magnitudo Tua , given by the Pope in his Letters to Ed. 2. And Edward the 4. was us'd to write , Nostra Regia Majestas ; though indeed that word Majestas began first in France , but in Hen. 2. Raign , ( and sacra Majestas since . ) Therefore Pope Leo gave it betimes to Hen. 8. in that famous Charter he sent him , when he commanded all Christians , that in their Directions to him for the future , after the word King , they shold stile him Defender of the Faith. Which great Charter sign'd by the Pope and 27 Cardinals , 1521. I thought proper and worthy to insert here , having procur'd a faithful Copy from the very Original . Leo Episcopus servus servorum Dei , Charissimo in Christo Filio Henrico Angliae Regi , Fidei Defensori , Salutem , & Apostolicam benedictionem . Cum supernae dispositionis arbitrio , licet imparibus meritis , Universalis Ecclesiae regimini praesidentes ad hoc cordis nostri longè lateque diffundimus cogitatus ut Fides Catholica sine qua nemo proficit ad salutem continuum suscipiat incrementum . Et ut ea quae pro cohibendis conatibus illam deprimere , aut pravis , mendacibusque commentis pervertere , & denigrare molientium sana Christi Fidelium praesertim Dignitate Regali fulgentium Doctrina sunt disposita continuis proficiant incrementis partes nostri Ministerii , & operam impendimus efficaces . Et sicut alii Romani Pontifices Praedecessores nostri Catholicos Principes , prout Rerum & temporum qualitas exigebat , specialibus favoribus prosequi consueverunt , Illos praesertim qui procellosis temporibus , & rabida Scismaticorum & Haereticorum fervente perfidia , solùm in Fidei serenitate , & devotione illibata sacrosanctae Romanae Ecclesiae immobiles perstiterunt ; Verum etiam tanquam ipsius Ecclesiae legitimi Filii ac fortissimi Athletae Scismaticorum & Hereticorum insanis furoribus spiritaliter & temporaliter se opposuerunt . Ita etiam nos Majestatem Tuam propter Excelsa & immortalia erga nos , & hanc sanctam sedem in qua Divina permissione sedemus , opera & gesta condignis & immortalibus praeconiis ac laudibus efferre desideramus , ac Ea sibi concedere propter quae invigilare debeat à grege Dominico lupos arcere , & putrida membra quae mysticum Christi Corpus inficiunt , ferro & materiali gladio abscindere , & nutantium corda fidelium in Fidei soliditate confirmare . Sanè cum nuper dilectus Filius Iohannes Clerk Majestatis Tuae apud nos Orator in Consistorio nostro coram venerabilibus fratribus nostris sanctae Romanae Ecclesiae Cardinalibus , & compluribus aliis Romanae Curiae Praelatis Librum quem Majestas Tua Charitate quae omnia sedulò , & nihil perperam agit , Fideique Catholicae zelo accensa , ac devotionus Erga nos & Hanc sanctam sedem fervore inflammata contra Errores diversorum Haereticorum saepiùs ab hac sancta sede damnatos , nuperque per Martinum Lutherum suscitatos , & innovatos , tanquam nobile & salutare quoddam Antidotum composuit , nobis examinandum , ac deinde Authoritate nostra approbandum obtulisset , ac luculenta oratione sua exposuisset , Majestatem tuam paratam ac dispositam esse , ut quemadmodum ver is rationibus , ac irrefragabilibus sacrae Scriturae ac Sanctorum Patrum authoritatibus , notorios Errores ejusdem Martini confutaverat : ita etiam omnes eos sequi , & defensare praesumentes totius Regni sui viribus , & Armis persequatur , nosque ejus Libri admirabilem quandam , & Coelestis gratiae rore conspersam Doctrinam diligenter , accurateque introspeximus , Omnipotenti Deo à quo omne Datum optimum , & omne Donum perfectum est , immensas gratias Egimus qui optimam , & ad omne bonum inclinatam mentem tuam inspirare , eique tantam gratiam supernè infundere dignatus fuerit ut ea scriberes quibus sanctam ejus Fidem contra novum errorum damnatorum hujusmodi suscitatorem defenderes , & reliquos Reges & Principes Christianos Tuo exemplo invitares , ut & ipsi etiam Orthodoxae Fidei & veritatis Evangelicae veritati in periculum & discrimen adductae omni ope sua adesse , orportunéque favere vellet . Aequum autem esse consentes Eos qui pro Fidei Christi hujusmodi defensione pios labores susceperunt omni laude , & honore afficere , volentesque non solùm ea quae Majestas Tua contra ●…undem Martinum Lutherum absolutissmâ Doctrinâ , nec minori Eloquentiā scripsit condignis laudibus Extollere , ac Magnificare , Autoritateque nostra approbare & confirmare , sedetiam Majestatem ipsam Tuam tali honore ac titulo decorare , ut nostris ac perpetuis futuris temporibus Christi Fideles omnes intelligant quam gratum acceptumque nobis fuerit Majestatis Tuae Munus , hoc praesertim tempore nobis oblatum . Nos qui Petri quem Christus in Coelum ascensurus Vicarium suum in Terris reliquit , & cui curam sui Gregis reliquit , veri successores sumus , & in Hac sancta sede à qua omnes Dignitates ac Tituli emanant , sedemus , habita super hiis cum iisdem Fratribus nostris matura deliberatione de ●…orum unanimi consilio & assensu Majestati Tuae Titulum Hunc , viz. Fidei Defensorem , &c. Et profectò Hujus Tituli excellentia , & dignitate ac singularibus meritis Tuis diligenter perpensis & consideratis , Nullum neque dignius , neque Majestati Tuae convenientius nomen excogitare potuissemus , quod quoties audies ac leges , toties propriae virtutis optimique meriti Tui recordaberis . Nec hujusmodi Titulo intumesces , velin superbiam elevaberis , sed folita Tua prudentia humilior , & in Fide Christi ac devotione hujus sanctae sedis à qua exaltatus fueris , fortior , & constantior evades , ac in Domino bonorum omnium Largitore laetaberis perpetuum hoc ac immortale Gloriae Tuae Monumentum Posteris Tuis relinquere , Illisque viam ostendere , ut si Tali titulo ipsi quoque insigniri optabunt Talia etiam opera efficere praeclaraque Majestatis Tuae vestigia sequi studeant , quam prout de nobis & dictâ sede optimè merita unà cum Uxore & Filiis , ac omnibus qui à Te , & ab illis nascentur nostra Benedictione in nomine Illius à quo illam concedendi potestas data est , larga & liberali manu benedicentes Altissimum Illum qui dixit Per me Reges regnant & Principes imperant , & in cujus manu corda sunt Regum , Rogamus , ac obsecramus ut eam in suo sancto proposito confirmet , ejusque devotionem multiplicet , & praeclaris pro sancta Fide gestis ita illustret , ac toti Orbi Terrarum conspicuam reddat , ut Iudicium quod de Ipsa fecimus , eam tam insigni Tit●…lo decorantes , à nemine falsum aut vanum judicari possit . Demùm mortalis hujus vitae finito curriculo sempiternae illius Gloriae consortem atque participem reddat . Dat. Romae apud sanctum Petrum , Anno Incarnationis Dominicae millesimo , quingentesimo vicesimo primo , 5 Idus Octobris , Pontificatus nostri anno nono . Ego Leo Christ. Catholicae Ecclesiae Episcopus ss . Then his Seal or Signet , engraven within , Sanctus Petrus , † Sanctus Paulus ; and this Motto about , Ad Dominum cùm tribularer clamavi , & Exaudivit Me. Then the subscription of 27 Cardinals on both sides of the Signet , the Cardinal - Bishops on the right-hand of the Signet , and close to it ; then on their right-hand the Priests-Cardinals ; and on the left side of the Signet ( as it is accustomed in all Bulls , and other Public Instruments ) the Deacon-Cardinals have their place , and precedence . King Henry's Book against Luther was presented to the Pope in full Consistory by Sir Iohn Clerk , ( then Ambassador at Rome for the King ) with a long solemn Oration : the Original of which Book is yet to be seen in the Vatican at Rome , with this Inscription written with King Henries own hand : Anglorum Rex Henricus Leoni X̄ . mittit Hoc Opus , & Fidei testem , & Amicitiae . Henry King of the English sends this Work to Leo the Tenth , as a Witness both of Faith and Friendship . And as the Kings of England themselfs have such super-eminent Titles , so their First-born Sons have a Title not inferior to any Royal Heir apparent in Christendome , which is Prince of Wales ; and this Title is many years more ancient then that of Dauphin in France . Moreover , whereas other Kings Sons come so naked to the world that they have not of their own wherewith to buy them Clouts , or pay their Nurses , but what they have from their Parents , The First-born of the King of England , ipsissimo instante , the very same instant that he is born , is Duke of Cornwal , and is presuppos'd by the Law to have Liv●…ry and Seisin then given him of the said Duchy , with all the Lands , Rents and Honors therunto annex'd . T is tru , that the conferring of the Title of Prince of Wales , depends meerly upon the Kings Plesure , which was done out of a Political consideration , to keep the Kings first Sons still in awe , and within the bounds of a greater Obedience . Nor is there any Queen also lives in a greater State and Dignity , or hath more Prerogatives and greater Joyntures then the Queen of England : For though Aliens at first , and still under Couvert Baron , yet they may pourchase Lands by Fee-simple , They may make Leases and Grants without the King ; They also must be petitiond unto first , before any can implead them in point of right . We will proceed now to the fourth Paragraph . Touching the Martial Exploits and Achievments which the Kings of Great Britain have performed from time to time , &c. TO proceed in this Paragraph , we must make Retrosvects a far off : we will begin with Brennus that bold Britain , who in the Government of Consuls took and sack'd Rome , ( 364 yeers before Christ ) and did notable feats afterwards in Greece and Asia : insomuch that the Welch in honour of that Heroe their Country-man , call a King from his Name Brenin to this day . Cataracus overthrew a mighty Army of the Romanes , and Boadicia slew 70 thousand of them in one Battel , as their own stories declare . King Arthur is rank'd among the Nine Worthies , for he discomfited the Saxons in twelve several Battails , and erected the first Order of Knighthood . There was one English King , and three Kings Sons went to the Wars of the Holy Land. What Exploits did Richard coeur de Lion perform there , so much to the envy of the King of France , who therfore returnd before him ! He conquerd the Iland of Cyprus , where Marrying Berengaria , he transferrd the Kingdome to Guy Lusignan , who had right to the Crown of Ierusalem , which in exchange he resignd to King Richard. But the French are they whom the English did so often rout , subdue and subjugat with the Grey-goose Wing , wherwith they did so often penetrat the very heart of France in so many glorious Victories that can be hardly paralleld , take all circumstances . We will instance in some of the most famous , and begin with that of Cressy the first great Battel . The Battail of Cr●…ssy in France . That Heroyk King Edward the third , having been provoked by divers Affronts that Philip of Valois the French King had offe●…'d him , goes over in person to France with an Army of 80000 men at Arms , and 10000 Archers , as Froissard hath it . He takes with him his Son the Prince of Wales and Duke of Guyenne , being but 15 years of Age , ( calld afterwards the Black Prince ) to train him up in feats of Arms. Landing in Normandy he carries all the Country before him as far as Poissy , within ten miles of Paris , and after divers Skirmiges a Battail was appointed . King Edward had incamp'd neer a Village calld Cressy , where he divided his Army to three Battalions ; the first was led by the Prince of Wales , the second by the Earls of Arundel and Northampton , in the third was the King himself . The Battail thus orderd , being mounted upon a White Hobby , he rides from Rank to Rank , encouraging evry man to the performance of his duty , and to have a regard to the Honor of his King and Country . The French Kings Army was at least twice the number , consisting of above 60000 Combatants , with all the flower of the French Chivalry , whereof the chief were the Duke of Alanson the Kings Brother , the King of Bohemia , the Duke of Lorrain , the Earl of Flanders and Savoy , with other great Princes . The Vangard was led by the Kings Brother , the Reer by the Earl of Savoy , the main Battail by the King himself . The French King was so fierce in assurance of Victory , that he wold scarce admit of any counsel . The old King of Boheme advis'd that the Army shold receive some refreshment before , and that the Infantry of Genowais , whereof ther were 15000 Crossbows , shold make the first Front , and the Cavalry to follow : which being agreed on , the Duke of Alanson did stomack that the Genowais shold have the honor of the first Rank ; so in a kind of fury he caus'd them to change place : which bred such a discontent , that they were more incensd against their Leader then against the Enemy ; but in the interim ther fell such a showre of Rain that wetted their Bowstrings , which they had not the wit to cover all the while , ( as the English did ) that for the limmerness therof when they came to action they grew useless . At the ceasing of the showre the Sun did shine full in the face of the French , therby dazzling their eyes , but on the back of the English. King Edward being got into a Windmil all the while , whence as from a Sentinel he might explore and behold the face of the Enemy , and discovering the disturbance that was made because the Genowais were put to change their place , instantly gave order to charge that part , which made the discontented Genoway to recoyl . Alenson perceiving this , rides on in a rage , crying out , Sa , sa ; on , on ; let 's make way ore the Bellies of these Genowais , for they do but hinder us . So riding through them , he came up to the English Battail , where the young Prince was . The fight grew hot , and doubtful , insomuch that the Commanders sent to the King to come up with more power : The King asking the Messengers , Whether his Son was hurt or slain , and being answerd No , he replies , Then tell them who sent you , that so long as my Son is alive they send no more to me , for my Will is that he have the honor of the day . So the Fight on both sides growing very furious , the French King having his Horse kill'd under him , withdrew ; which being known by the English , it added so to their courage that they soon after won the Field . This was the first considerable Battail the English had of the French , which was so sanguinary , that ther were none made Prisoners , but all put to the Sword , and the number of the slain French surmounted the whole Army of the English ; for the number of the slain were about 30000. the chief whereof was Alenson the Kings Brother , the Dukes of Bourbon and Lorain , the Earl of Flanders , the Dauphin de Viennois , Son to Imbert , who after gave Dauphine to the King of France , provided his First Son shold still be calld the Dauphin , which hath continued ever since . This signal Victory was seconded the same yeer , about six weeks after , with another the Queen of England got against the Scots , then confederat with the French , where David the Scots King was taken Prisoner : but this is reserv'd for another place , because for a more methodical order we will hasten to the second great Victory in France , the Battail of Poitiers . The Battail of Poitiers . The Black Prince being taperd up now to a good growth , was sent by advice of Parlement to Gascony ; whence the Truce being expird , he oreran and ravagd all the Country as far as Tourayne . Iohn the French King raiseth a potent Army , more numerous then that at Cressy ; and going to find out the Prince of Wales , found him about Poitiers , having not much above 10000 effect if men in his Army , wheras the French had six times as many : whereupon being advisd to make for Bourdeaux , he was prevented by the French Army on all sides ; so a Battail being intended , two Cardinals came from the Pope to mediat a Peace , but the French King wold hearken to none , unless that he wold as a Vanquish'd Man send him four Hostages , and give up himself and his Army to discretion . The Prince answerd , That he was willing to restore what places he had taken of His in good War , but without prejudice to his Honor , wherof he was accountable to the King his Father , &c. Iohn not hearkning to this , but being resolvd to fight , the Prince also resolvd to part with his Life upon as high a rate as he could being reducd to this streight , therfore he providently makes use of the Position of ground ; and finding that the main Army of the French consisted in Horse , he entrenchd among the Vineyards ; where when the French Cavalry entred , being wrapd and encomberd among the Vines , the English Archers did so ply and gall them , that , being therby disorderd and put to rout , the whole Army was soon totally defeated . But , it seems this Battail was not so fierce as that of Cressy , where no quarter was given : for in this , Prisoners were made , among whom was King Iohn himself , whom the Prince brought to England ; and , as the French Historians themselfs confess , he was so civil to him all the while , that he knew not whether he was a Free King or a Captif . Besides Lords , ther were slain 2000 of the French Nobless , as Froissard hath it , in this Battail ; and , as at Cressy , more French slain then the whole English Army was in number . We will now to Agencourt . Agencourt - Battail . Henry the Fifth , that Man of men and mirror of Princes , being come to the Crown , he did cast his Eyes presently towards France for claiming of his Title . In order wherunto , he alterd in his Arms the bearing of Semy de Luces , and quarters the three full Flower de Luces as the King of France himself did bear them . He sends the Duke of Exceter , with the Archbishop of Dublin , and sundry other Noblemen , in a magnificent Ambassy , attended by 500 Horse , to Paris , to demand the Crown : but receiving no satisfactory answer , but rather a kind of jeer , the Dauphin sending him a Sack full of Racket-court-Balls to pass away his time ; He replyed , That for evry one of those Balls , he had so many fiery Bullets to shoot at the proudest Turrets in France , as he shold shortly find . And he was as good as his word : for he presently got over , and encountring the French Army at Agencourt , he gave it an utter overthrow , and took more prisoners then his own Army had Soldiers ; which was upon a Sunday-morning about Ten of the Clock : whereof having sent notice to England before , and that extraordinary Masses shold be sung then in all Churches , he stood upon the defensive part till that hour ; but then making a Speech of encouragement to his Army , and among other strains , telling how all England was praying for them at that time , he carried away a compleat Victory ; he himself leading the main Battail with the Duke of Glocester his Brother , &c. But besides the foresaid Piety , ther was Policy also usd ; for the King , to prevent the fury of the French Cavalry , appointed divers Stakes studded with Iron at both ends of six foot long , to be pitch'd behind the Archers , and ordred that Pioners shold attend to remove them as they shold be directed : which invention conduc'd much to the success of the Action . The King himself charg'd the Duke of Alenson , and beat him off his Horse , who therupon was slain ; so ther was a compleat and glorious Victory obtain'd . We come now to the Battail of Spurs , so calld because the French-men trusted more to their Spurs in fleeing away , then to their Swords and Lances . It was before Terwin in Hen. 8. Raign , when Maximilian the Emperour servd under his Banner , and receavd pay . Ther came 8000 French Horse to relieve the place , and a hot Dispute happend ; but they were all routed , and put shamefully to flight , so the Town was taken by the English. Ther were a world of other Warlike Encounters and Skirmiges twixt the English and French , whereof the stories are full ; and t is observd , that the English at most were but half in number to the French in all Engagements ; insomuch that by pure prowess and point of the Sword they possessd two parts in three of that great Kingdome . We read that when the English were at the height of their power in France , the Pope came then to keep his Court at Avignon ; and ther was a common saying among the Peeple , which since is grown to be a kind of Proverb , Ores le Pape est devenu Francois , & Iesus Christ est devenu Anglois ; The Pope is turnd French-man , and Jesus Christ is become an English-man : which was spoken in regard we had such prodigious Successes . Before I part with France at present , t is very fit ( the main subject of this Work being of Precedence ) to speak something of the Black Prince while he was Governor of Aquitane , where he performd such notable Exploits ; and among other , of that fa mous Charter of Precedence which was given to the Crown of England by Don Pedro King of Castile , who being detruded out of the Throne by Henry his younger Brother , fled for succour to the Black Prince in Gascognie , who had at that time two other Kings in his Court , viz. Ricaredo King of Navarre , and Don Iayme King of Mallorca . Which Charter being yet upon Authentique Record , and not specified in the story of either Nations , may very well deserve to be inserted here ; and it runs thus . Petrus Dei gratia Rex Castellae & Legionis , omnibus praesentibus pariter , & futuris praesentes literas inspecturis , lecturis aut audituris salutem , & fidem plenariam iisdem adhibere . Cum in largitione , donatione , & concessione privilegiorum , libertatum , franquesiarum , ac honorum Praerogativa , illis nos liberales , & gratiosiores reddere debeamus à quibus multiplicia beneficia & honores nos recognoscimus recepisse ; Cumque Illustrissimus Rex Angliae , & Edoardus ejus primogenitus Princeps Aquitantae & Walliae consanguinei nostri nos & praedecessores nostros Reges Castellae retroactis temporibus fuerint favorabiliter prosecuti , & specialiter cùm nuper per Henricum quondam Comitem de Trestamare qui factâ cum quibusdam suis Complicibus coadunatione Regna nostra invasit , usurpavit , & etiam occupavit more praedonico , & hostili , & ea indebitè detinet occupata de Regno in regnum , & de Dominio in Dominium , & loco ad locum ad mortem nos esset insecutus à qua persecutione per receptationem dicti Dom. Principi●… in Terra sua de nobis factam fuerimus liberati , & per ipsum & gentes suas comfortati , ac honorabiliter recepti , & tractati , Nos memores dicti accepti beneficii , & in aliqualem praemissorum Recompensationem , & alias de nostra certa scientia , speciali dono , & regia donatione , & potestate damus & concedimus pro nobis , haeredibus & successoribus nostris Regibus Castellae per praesentes dicto Illustrissimo Regi Angliae , & Edoardo ejus Primogenito Principi Aquitaniae & Walliae , Quòd quandocunque idem Rex & ejus Primogenitus qui nunc sunt , aut eorum Haeredes & successores Reges Angliae , & eorum Primogeniti qui pro tempore fuerint , voluerint venire in propria persona ad Guerram quam nos habebimus , aut Haeredes nostri Reges Castellae habebunt contra Regem Granatae , aut alios Fidei inimicos , quod iidem Reges , & eorum Primogeniti habeant primum bellum sive la Delantera ante omnes Mundi Christianos , & omni tempore . Ita tamen quod Nos possimus & Haeredes nostri Reges Castellae si voluerimus ponere vexilla nostra in dicto bello pariter cum vexillis Regis Angliae , vel Ipsius Primogeniti . Item quod si contigerit dictos Reges , aut eorum Primogenitos ad Guerram quam Nos & Haeredes nostri habebimus contra Regem Granatae , aut Alios Fidei inimicos non venire , aut nolle , vel non posse venire , volumus & concedimus quòd unum vexillum de Armis Regis Angliae sit omni tempore in dicta guerra in primo bello , sive in la Delantera honorificè prout decet nostris , & successorum nostrorum Castellae regum propriis sumptibus & expensis . Item quia Patria ejusdem nostri Consanguinei plurima damna , & expensa innumerabilia sustinuit tempore quo ipse pro nostro succursu exercitus suos congregabat prout oculis propriis conspeximus , licet flebiliter gereremus , in recompensationem praemissorum , privilegiamus , volumus , & concedimus quòd omnes homines , incolae , nobiles , peregrini , cujuscunque status , sexus aut conditionis existant , Regni , Patriae , & dominii Angliae , & principatus Aquitaniae sint immunes ab omni pedagio , leuda , costuma , maletota , ceu aliis quibuscunque Impositionibus , Exactionibus in Regnis nostris impositis , seu in posterùm imponendis . Ita quòd dicti homines dictorum Regni , Patriae , & Dominii Angliae , & Principatus Aquitantae transeundo , morando , & redeundo per Regna nostra per mare velper terram , Costumam , Pedagium , Leudam , Maletotam , seu quamcunque aliam Impositionem vel Exactionem minimè solvere teneantur , nisi dicti homines causâ Mercimonii vel pro emercimiando aliquid emerent . Super quo an causa Mercimoniandi empta existant nec ne , per officiarios nostros , & receptorum dictorum pedagiorum stare volumus dictorum hominum juramenta de quibus rebus causa Mercimoniandi emptis non compellantur solvere , nec aliquid ultra ab iis exigatur quàm caeteri Mercatores solvere consueverunt . Et juramus ad Sancta Dei Evangelia à nobis corporaliter manu tacta & in verbo promittimus Regio concessiones , donationes , privilegia praedicta , & omnia & singula in praesentibus Litteris contenta tenere , complere , & inviolabiliter observare . In quorum & singulorum Praemissorum testimonium , & ad ipsorum Majorem firmitatem his praesentibus Nos manu propria Subscripsimus , & iisdem sigillum nostrum in pendenti duximus apponendum : Volentes , & concedentes ac etiam requirentes vos Magistrum Iohannem de London publicum Autoritate Apostolicâ Notarium quatenus ad perpetuam omnium & singulorum praemissorum memoriam vos cum praesentibus testibus subscribatis , praesentesque Literas signo vestro solito consignetis . Datum apud Liborniam Diocesi Burdegalensis die 23 Mensis 7 bris Anno Dom. 1366. Praesentibus praecharissimo Consanguineo nostro Domino Iohanne Duce Lancastriae , Regis Angliae filio ac fratre dicti principis , & Reverendis in Christo Patribus Dom. Helia Archiepiscopo Burdegalensi , Dom. Barnardo Episcopo Xancton . Iohanne Electo Bathoniensi , & Wellensi Cancellario Aquitaniae , Iohanne Shandos Constabulario , & Thoma de Felton senescallo Aquitaniae , Nigello de Loereyn Camerario dicti Principis , Balboyno de Frevilla senescallo Xancton . & aliis testibus ad praemissa . Yo el Rey. I the King. Et Ego Iohannes de London Cler. Winton . Diocesis publicus Authoritate Apostolica Notarius undecima die mensis Februarii anno Domsupradicto , Indictione quinta , Pontisicatus sanctissimi in Christro Patris , & Domini nostri Dom. Urbani divina providentia Papae quinti anno quinto infra castrum Civitatis Baionae in capella ejusdem castri unà cum testibus infrascriptis fui praesens quando dictus Dom. Rex Petrus promissa omnia & singula innovavit , confirmavit , & juramento suo vallavit tangendo propriis manibus suis sancta Dei Evangelia , & quando ipse Rex manu sua propria se subscripsit , & me requisivit , & mandavit ut praesentibus Literis me subscriberem , & signum meum apponerem consuetum . Testes qui fuerunt praesentes ad ista unà mecum sunt Dom. frater Martinus Lupi Magister Militiae Domus de Alcantara Ordinis Cistern . Rogerus Dom. de la Wara , Gomeicus dicti Dom. Regis Magister , Paulus Gabrielis Civis Ispalensis . Iohannes Guttern Decanus Ecclesiae Segobien , & Magister Robertus Fregand Notarius Cancellarius Domini Principis Aquitaniae & Walliae supradicti . Then the Great Seal of Castile and Leon was affixd . By vertue of this Charter legally made to King Edward , and the Prince his Son , and to their Heirs and Successors Kings and Princes of England for ever , it is therby granted that whensoever it shold please them to be in person in the Wars with any King of Castile , against the King of Granada , or any other Enemy of the Christian Faith , They shold have the First place in the Vangard above all other Princes of Christendom ; and although neither of them were present , yet ther shold be always provided by the Kings of Castile and their Successors a Standard of the Arms of England to be born in the same place . This Instrument was made after that the Black Prince had done the Work , and restord Don Pedro to his Kingdom : therfore he passd it as a Monument of eternal Gratitude unto him . But before the Prince uudertook the business , ther was also a Bond from the King to pay so much money for defraying the Princes Army ; and in consideration also of this undertaking , it was legally agreed that the Prince shold have the Castle of Vermeo , de la Quet , Bilbo , Biscay , and the Castle of Ordials , A tenir perpetuellement à li & ses Heirs & Successeurs , & pour doner là où luy plerrà , to be held perpetually by Him and his Heirs and Successors , and to give to whom he pleasd . All which was ratified under the Great Seal of Castile , and confirmd by Oath upon the holy Sacrament in the great Church of Burgos . The Original of which Instrument remains yet in Thes. Regio apud Westm. We will pass over the Exploits done in Armorica or Little Britany , and cross over to a tougher Peeple the Scot , who though Conterranean , and our neer Neighbours , yet they did always confederat with the French against England , and England still boar up single and victoriously against both of them : For when Scotland was at the highest pitch of power , when she had active and boysterous Kings to her Generals , and the French for her Coadjutors and Auxiliaries , as also the Danes in Ages past , yet the English carried away many fair Victories , with divers of their Kings Prisoners . As will appear by a short Survay we shall take of such Battails and Warlike Encounters which intervend from time to time twixt the two Nations . We will begin with that famous Battail twixt King Athelstan and them , when they had a great Army of Danes joynd with them , and being twice in number more then the English , yet King Athelstan obtaind a signal Victory both by Prowess and Policy ; for the two Armies being ready to joyn , the English made semblance to flee away , leaving their Bagage behind ; which as the Scot and Dane were a sharing , the English did suddenly wheele about by the advantage of a Woody Hill , and finding them in disarray , and laden with Booty , they rushd upon them with such a Resolution , that above 40 thousand of them , and , as Buchanan their chief Chronologer hath it , the flower of their Nobility , perishd there at that time . The first Fire-ball of War which was thrown twixt both the Nations since the Norman Invasion , was in William Rufus his Raign , when the Scot having made divers Incursions into the English Borders , Moubray Earl of Northumberland was sent against them , who incountring their King Malcolm with his eldest Son in the Field , they were both slain , and the whole Army overthrown . In King Stephens days , Thurston then Archbishop of York , was sent with an Army against the Scot , who meeting the King himself in the head of his Forces , utterly routed him , with the death of above 10000 of his Men. Henry the second employd only the Knights of Yorkshire , as , Humphry-vile , Scuttvil , and Vescy , to make head against the Scot , which they did with such Valour and Success , that they took the King in the Field ; and as a Trophy of their good Service and Victory , they presented him Prisoner to the King at Northampton , whence he carried him along to attend him in his French VVars . William the Scots King attended Richard the Lion-hearted at his second Coronation when he returned from the Holy Land , and carried the Sword before him bare-headed . Edward the first , calld in story , and as his Tomb in Westminster tells us , Scotorum Malleus , the Hammer of the Scots , summond King Baliol to Newcastle to swear Fealty unto him : but fleeing afterwards to the French King , at his return King Edward summons him again to Berwick , where he re-submitted himself with all his Nobles in open Parlement , which King Edward held there ; and for Caution brought Baliol along with him , leaving the Earl of Surrey Warden of Scotland . Then started up a notable Blade , one Wallis , who notwithstanding that King Baliol was Prisoner in England , gatherd such a strength , that causd King Edward to go again in person , and at Fonkirk Battail killd outright 200 of their Nobles and Gentry , with about forty thousand Common soldiers . Then he summons a Parlement at Edinburgh , where all the Scots Nobles swore Fealty to him ; and then he carried away thence their Great Charter , calld the Ragman-Roll , the Black-Cross , and the Stone , wherein they believe the Fate of Scotland is fixd . Then ther was a third Provocation offer'd , for le Bruce was crownd King of Scotland , wherupon the Earl of Pembrook was sent against him , who utterly defeated him at Iohnston : yet all was not quiet , but King Edward was forcd to make a fourth expedition thither in person , when he constraind le Bruce to flee away to Norway , where he blew on his Nayls while King Edward liv'd . But Bruce being come back , and Usurping during Edward the seconds time , ( who we read was so infirm and infortunat a King ) his Father Edward the third restord Baliol by force of Arms , and made him swear Fealty to England again . But some yeers after King Edward being deeply engagd in the French Wars , David the next Scots King rush'd into England with about sixty thousand men , being confederat with the French King to divert the War there . But Queen Philippa , with the Archbishop of York , and the Lords and Knights of the North , encounterd this huge Army , and utterly defeated it , one Copland taking the Scots King Prisoner , whom he he reservd for a present to give King Edward when he came from France , and to keep company with Iohn the French King , who also was taken Prisoner by the Black Prince : And there were but six weeks difference of time twixt both Victories . In Richard the seconds Raign , the French King sent his High Admiral , with a thousand choice men at Arms , in a Fleet of 60 Sayl of Ships , with Arms for 12000 men more into Scotland . Therupon an English Army being raisd , it struck into Scotland like a Whirlwind , and piercing the very heart of the Country , advancd as far as Dundee , and returnd Victorious . Henry the Fifth took Iames the first Prisoner , and carried him over to attend him in his French VVars . In Hen. 8. time , the Scots King ( although his Brother-in-Law ) taking his advantage when he was in France , battring the Walls of Bullen , with the flower of the English Nobility , raisd the greatest Army that Scotland could make for invading England ; therupon King Harry sent a Commission to the Earl of Surrey to raise Forces accordingly . The two Armies met at Flodden-field , where the Scots King and the Archbishop of Saint Andrews his Brother were slain , with twelve Earls , 14 Barons , and 12000 more . Not long after Solmosse Battail was fought , where eight Scots Earls were taken Prisoners , with 200 Gentlemen and others : insomuch that as the story saith , ther was never an English soldier but had his couple of Scots Prisoners . Four and thirty yeers after , the same day both of the month and the week , ( as the Historians observe ) Musselborough-Battail was fought ; which because it was the last , and one of the most signal and sanguinary great Battails from the Conquest that was fought twixt the English and the Scots , I will here particularize , but with as much brevity as may be . The Duke of Somerset was General of the English , the Earl of Warwik his Lieutenant , the Lord-Admiral Clinton had 60 ships of War , which were to hold cours with the Land-forces ; the whole Army consisted but of about 13000 Foot , 1200 men at Arms , 2500 Light-horse , 16 Peeces of Ordinance , evry Peece having a Gard of Pioners who came to about 1400. From Berwick they entred Scotland , and marchd as far as Musselburgh far within the Country ; they seizd upon three small Castles as they passd , and with infinit pains overcame the Natural and Artificial Difficulties of the Ways . They understood that the Scots Army far exceeded them in number , and ther came Recreuts dayly unto it : For the Fire-cross was carried about by the Heralds through all parts , ( which is two Firebrands upon the point of a Spear ) that all above sixteen , and under sixty yeers shold repair to the General Rendevous : insomuch that the Scots Historians themselfs do mention that ther were above thirty thousand in the whole Army , which was twice the number of the English. The Battail was fought with much resolution and cagerness on both sides ; yet notwithstanding that the Scot was at his own home , and that the English were tir'd by a long difficult march , they obtaind an absolute Conquest : ther were slain of the Scots about 14000 out-right upon the place , wherof ther were 3000 Kirk-men , as Fryars and Monks , Huntley with other great Lords were taken Prisoners , 30 Peeces of Ordinance were taken and shippd for England , with 30000 Iacks , as the Record says ; and the English plunderd the Country five days march further , and did what they wold . We will conclude with the late Battail at Dunbar still fresh in memory , where ther were not much more then 8000 English , and the Scot had them at a great advantage , yet the English making a Vertu of Necessity , utterly overcame an Army of about 24000 Scots ; an Army that had been long a moulding , and consisted of many of their Nobility and Gentry : they lost both Bag and Bagage , Artillery and Arms : ther were above 3000 slain , 10000 taken Prisoners , whereof ther were 260 Officers , 15000 Arms , and 30 Peeces of Ordinance , and neer upon 200 of their Colours were brought to hang in Westminster-Hall for Trophies . Out of what hath been said , this Inference may be made : That in all those Traverses and Encounters of War that England had with Scotland , which were neer upon an hundred since the Conquest , take small and great together , the English did always foyl the Scot , except in Ed. 2. time , as shall be said hereafter . In some Battails we may find how they carried away more Captives then they were common soldiers themselfs , driving them as it were like sheep before them : And observable it is , that the greatest Battails were fought in Scotland it self , after that the English had been tir'd and dispirited by long marches , over uncouth and strange places , being ignorant both of the Advenues and Advantages of them . Tru it is , that in Ed. 2. Raign they won two or three Victories , wherof that at Bannocks-Battail was the greatest , where Gilbert de Clare Earl of Glocester , and about 40 Barons , with 700 Knights and English Gentlemen , were killd . In Hen. 8. Raign they got also a small Victory , when Sir Ralph Evers was slain . In the time of the Long Fatal Parlement they did likewise many Insolencies , and rush'd far into England : but those Invasions may be rather termd Invitations by some spurious and unworthy-degenerated English-men , who had contrivd their coming in long before ; whose memories will stink in the Nostrils of all Posterity . But the English have taken four of their Kings Captives , killd two other in the field , carried away their Crown , with the chiefest Ensignes of Royalty , &c. Nor were such high Exploits performed by the Kings of England on Land only , but by Sea they have been as glorious . Historians say how King Edgar had a Navy of three thousand six hundred ships , and bottoms of all sorts , which he divided to three Fleets that usd to coast about , and scowre the Seas as far as Norway evry year , and he in person would go often Admiral himself , and be all the Summer abroad . Philip the French King not long before the Battail of Cressy , to hinder Edward the thirds return into France , got a mighty Navy in Equippage of 200 sayl of ships , besides Gallies in the Haven of Sluce ; wherof King Edward being advertised , prepared such another Fleet , and encounters the French with such resolution and success , having the Wind and the Sun for him , that he utterly defeated the whole Navy , slew about thirty thousand men , and so returned with mighty triumphs , and the admiration of all Europe . Philip the second of Spain , having ( as he conceavd ) endured divers Affron●…s and Injuries from Queen Elizabeth , conceald his Discontents a long time , until he had provided the Invincible Armada , as it was calld , wherewith he hoped to have swallowed all England . It was three years preparing , it consisted of above 150 sayl , wherof most of them were Galeons : they were mannd by 8000 Mariners : they carried 20000 Listed soldiers , besides Volunteers : they had 1600 Brass Cannons , 1000 of Iron , and 120000 Granado's , with other Fireworks of all sorts . This Prodigious Fleet stood the King of Spain in 10 Millions first and last , from the time that she set sayl out of Lisbonne , as t is found in their Annals : she lookd like a Forest at Sea as she steerd along . Q Elizabeth had first news hereof from Hen. 4. of France . But then how did that Masculine Queen , that notable Virago , bestir her self ? how suddenly was there a great Fleet in a readiness , and an Army by Land ? how magnanimously did she view her Musters , and encouragd the soldiers , riding up and down with a Plume of Feathers in her Hat like another Boadicia ? So that mighty Armada passing through the narrow Seas as far as the Downs , her great Galeons were so plyed and pelted by the English ships , that they were utterly overthrown , only some few fetching a compass about Scotland , got safe to Spain to bring news what became of the rest . I have been somwhat overlong in this Paragraph , but ther shall be a compensation made for the Prolixity thereof by the Brevity of those that follow . The Fifth Paragraph . That the King of Great Britain hath as stout and strenuous sturdy Free-born Peeple to his Subjects as any other King , with as generous a Country , and Generality of Wealth . I Will begin this Paragraph with a late eloquent Character that an Italian Nobleman the Count Alfonso Loschi of Vicenza gives both of the Peeple and the plenty of England in his late printed Volume , calld , Compendi Historici . La popolatione d' Inghilterra è innumerabile , gli huonimi sono disposti , & ben organizati , grandi di corpo , di faccia serena , bianca , & rubicunda , nella guerra terribili , & audaci , nelle risolutioni precipitosi , & crudeli . Qe Donne riescono à Maraviglia belle , & gratiose & can la Leggiadria del vestito rapiscono I cuori . Inghilterra vanta non immeritamente titolo di Monarchia in expressione , & gieroglifico di che tiene il Re di sotto allo scettro la palla per figura della dominatione del mondo . Non cie Potentato che con armata maritima possa approdare à liti , à quali servendo per mura l' Oceano , & per isbarco sicurissimi , & arenosi recessi non vimprontano l'orme piedi stranieri , & se ben spesso con Intestine seditioni non havesse contro le proprie viscere rivolto le seditioni , & l'armi riuscirebbe indomabile , ne cisarebbe potenza sopra l'Inglese . L'aere salubre , ricchezze grandissime , li terreni fecondi , & minerali , li pascoli abondanti , & delicati , onde le lane d'Inghilterra tengono il primo luogo , &c. Which Character coming from so indifferent a Judge , and so fresh an Author , and a Personage of so high a Wit and Quality , I thought worthy the rendring into English. The Peeple of England are innumerable ; the Men welldisposd , and organizd or limmd ; tallish of stature , of comely Countenances , white , and reddish : they are terrible in the Wars , and bold , headlong and cruel in their resolutions . The Women are marvellously beutiful and handsome , and by the quaintness of their Dresses do ravish hearts . England not undeservedly glorieth of the Title of Monarchy , by the Expression and Hierogliphic that the King bears under his Scepter , which is a Globe or Ball that represents the Government of the world . Ther is no Potentat whatsoever that with any Naval power can approach his shores , wherunto the Ocean serving for a Wall , with most secure and sandy Recesses for disimbarking , the stranger cannot plant his foot . And if England did not use so often to turn the sword into her own Bowels by intestine seditions , she wold prove invincible , and ther wold be no power above the English. The Air is healthful , mighty Riches ; the Soyl is plentiful , and abounding with Minerals ; the Pasture luxurious and delicat , whence it proceeds that the English Wool is incomparable . This new noble Author when he comes to deliver his Opinion of France and Spain , doth not speak half so much of either , nor of any Country els ; for he treats of all the Kingdomes of Europe , and of other besides . Now , it is taken pro concesso , t is a truth granted by all , that ther is no King hath more choice of lusty and stout Bodies to make soldiers of , then the King of Great Britain hath in his Dominions ; ther is the English , Welch , Scots and Irish , Nations that keep still entire their innated spirits , and stoutness uncowd : And this may be imputed to the Policy and Moderation of Government , to the equal distribution of the VVealth and Plenty of the Country . For the Yeoman and Franklin goes well clad , hath wholsome Nutriment ; and as a return of his Labor from the grateful Earth , hath wherwith to provide for his children that they may not encrease the number of Beggers . It is not so in some Countries , which made one say , ( though ther may be some excess in the expression ) That the Yeomen and Freeholders of Kent are able to buy half the Peasants of France . Such Subjects and such a Country the King of Great Britain commands ; which made Eumenius in his famous and elegant Panegyric to Constantin the Great , to melt thus into her praises . O fortunata & omnibus beatior Terris Britannia , quae Constantinum Caesarem prima vidisti ; Meritò Te omnibus Coeli ac Soli dotibus Natura donavit , in qua nec hyemis est nimius rigor , nec aestatis ardor . In qua segetum est tanta foecunditas ut muneribus utriusque sufficiat & Cereris & Liberi . In qua nemora sine immanibus bestiis , Terra sine serpentibus noxiis . Pecorum mitium innumerabilis multitudo lacte distenta , & onusta velleribus , Certè quidem quod propter vitam diligitur longissimae dies , & nullae sine aliqua luce noctes , dum illa littorum extrema planities non attollit umbras , noctisque metam Coeli ac Syderum transit aspectus , ut Sol ipse qui nobis occidere videtur ibi appareat solummodo praeterire . O most fortunat Britain , ( saith Eumenius ) more blessd then any other Country ; which didst first see Constantin Caesar ; Nature hath deservedly endowed thee with all Gifts both of Heaven and Earth . In thee neither the excessive cold of VVinter , nor the ardent heat of Summer doth offend the Inhabitant . Thou swell'st with such a secundity of all kind of Corn , that thou mayst be calld the Favorit of Ceres and Bacchus . Thy Groves are without savage rapacious Beasts , and thy Heaths without any poysonous Serpents . Thy Fields are covered with innumerable multitudes of mild Cretures ▪ labouring with exuberance of Milk , and laden with rich Fleeces . For delightfulness of Life , thy days are very long , and no night but hath some glimpses of light : the glorious Sun which sets and goes down in other Regions , seems only to pass by thy Horizon . From this temperatness of Clime and Fertility , may proceed the Well-favouredness , the Procerity , as also the Health and Longaevity of the Inhabitants ; in regard Nature doth not finish her cours in the bodies of Males and Females so soon here as she doth in France and Spain . For t is observd by all strangers , that an English woman looks as fresh and beutiful at forty , as a French or Spanish at five and twenty ; it being very ordinary for them to continue still teeming and prolifical when they are past fifty years . And for the Men , it wold be Registred for a Miracle in Spain or France to finde ten men of a thousand years , ( one with another ) as were found in Hereford about 60 years since , within two miles compass of the town , who were so vigorous , strong and spriteful , that they danced the Morice-dance in the Market-place for many hours , with a Maid-Mariam of a hundred and three , and a Tabourer of a hundred and five years old . From the Fertility and Generousness of the Earth , may proceed also the extraordinary Courage and Hardiness of the Peeple ; which hath been so well known and felt in other Countries beyond the Seas , as the Examples in the former Paragraph do prove at so many signal and difficult famous Battails , where the English Army was never half so numerous in any they got , no not somtimes the third or fourth part in number to the Enemy ; and such an esteem they had in France , that ( as their own stories relate ) when the Duke of Britany or Armorica was to encounter the French Army in a Battail , he thought it a Policy to clothe a whole Brigade of his Soldiers after the English mode , to make them appeer the more formidable to the French. Nor doth that Primitive innate Courage languish a whit , or decline in them , ( as some think the World doth ) as we find it hath done in other Nations , as the Iew and Greek , with others , but it continueth still at the same height ; as it appeerd in the year Eighty eight by Sea , as was said before , and in several Exploits in the Low-Country Wars , as Newport , the Retreat before Gaunt , &c. by Land. Likewise by fresher Examples in the late Civil Wars twixt King and Parlement , and since , wherin the Power , Strength and Wealth of England was never more discovered : For the late usurper ( having such a Command over the Peeples purse , and never wanting money ) made Spain and France strive who shold be his Confederat , as also the Hollander , the Swed , and others : I say , in those times the ancient stoutness of the English appeerd in many Traverses of War ; as at Dunbar in Scotland , and by Sea against the Hollander , who were beaten and batterd into a Peace . What a hazardous peece of service was performed when we invaded Barbary at Tunis ? but especially that desperat Exploit Blague did at the Canaries ? The French King confest that the Brigade of English before Dunkirk , commanded by a little bold Britain , though not the fifth part of the Army , did contribut most to the late taking of that strong Praedatory Town . And the King of Portugal acknowledgd , that in this years great Defeat 1663. he gave Don Iohn of Austria neer Ebora , that Brigade of English who servd there , though not much considerable in number , did perform the toughest part of the service , and first shewd them the way of using the Rests of the Musquet to knock down the Enemy ; which made the French-men cry out , Faisons comme les Anglois , Let 's do as the English. The Sixth Paragraph . Touching the Ancient and Long-lind Extraction , Decendency , and Bloud-Royal of the Kings of Great Britain , &c. THe Races of Kings may be said to be like great Rivers , that stream out into divers large Channels and Arms , which become great Rivers of themselfs afterward : Or like huge Trees which use to stretch their Branches beyond the Ocean , where being inoculated and graffd , they make divers other Royal Trees to sprout out of them in Forren Soyls . Ther were divers Royal Ingraftings of this kind that Great Britain had with the chiefest Potentats , and some of them Imperial : The first was before the English took footing here , between the Emperour Constantius and Helene , a Britain born , and Mother to Constantine the Great , the first Christian Emperour : for this Iland was held in such high esteem by the Roman Emperours , ( when they had almost all the world besides ) that divers of them kept their Courts here ; among whom Severus , and Constantius died at York : which City may deservedly vaunt of two things , viz. that two Roman Emperours were buried , and a third born in her , viz. Constantin the Great . After the Saxons came , this Iland also continued in such a repute , that Ethelwolph Son to King Egbert , Anno 830. married the Lady Iudith , calld the Fair for her extraordinary Bewty , and Daughter to the Emperour Charles le Chauue , Granchilde to Charlemain . The Emperour Otho the Great married the Sister of King Athelstan , whose friendship was so much sought by all his Neighbouring Kings , that they wooed for it by rich Presents : which made the King of France send him the sword of Constantin the Great , in the Hilt wherof ther was one of the Nails that fastned Christ to the Cross : He sent him also the Spear of Charlemain . The King of Norway sent him a curious Ship , with a Gilt Stem , Purple Sayls , and the Deck garnishd all with Gold. The Emperour Otho his Brother-in-law sent him a Vessel of precious stones artificially made , wherein were Landskips with Vines , Corn and Reapers so much to the Life , that they seemd to move , and act , &c. Ther have been eight Nuptial Conjunctions twixt Great Britain and France , ( besides the Scots alliance with that Country . ) The first was about the yeer 900. twixt Charles the first of France , and the Lady Ogine Daughter to Edward Son to King Alfred , that admired Saxon King , who is so famous in story for divers signal things : for He cleerd the whole Kingdome of the Danes , who had so much infested and harassd it . He Founded the University of Oxford , Anno 895. He was the first who divided England into Shires , Hundreds , and Weapontakes . He divided the Natural Day also into three parts ; eight hours for Recreation , and matters concerning his Health , as sleep , &c. eight hours for Meditation and exercise of Piety ; and eight hours in Council , and the publick Affairs of his Kingdome . He Founded also Shaftsbury-Abby , Winchester-Church , and Eldinsey-Monastery . The second Marriage with France was twixt Hen. 3. of England , and the Lady Margaret Daughter to Lewis the seventh of France . The third was between Edward the first , ( that great Hero of his time ) and the Lady Margaret , Daughter to Philip the Hardy of France . The fourth twixt Edward the second and the Lady Isabel , eldest Daughter to Philip le Bell King of France , Mother to Edward the third of England , who by right of her claimd and carried afterwards the Crown of France . The fifth was twixt King Richard the second , and the Lady Elizabeth , Daughter to Charles the sixth of France : but she was but his second Wife , for his first was the Lady Anne , Daughter to the Emperour Charles the Fourth . The sixth was between Henry the fifth of England , and the Lady Katharine , another Daughter to Charles the sixth of France . The seventh was twixt Lewis the twelfth of France , and the Lady Mary , second Daughter to King Henry the seventh of England . The eighth and last Inoculation twixt the Rose and the Flower de Luce , was that of Charles the first of England , with the Lady Henrietta Maria of Bourbon , youngest Daughter to Henry the great of France . In which Matches England hath had six Daughters of France , and France two of England . By the fourth Match twixt Ed. 2. and Isabel eldest Daughter to Philip le Bell , Edward the third of England being her eldest son , was Heir to the Crown of France ; and demanding his Right therunto , he was answered , La Couronne de France n'est pas lièe à la quenouille , That the Crown of France was not tied to a Distaff : wherunto he replyed , That he would then tie it to his Sword ; and he was as good as his word . But Henry the fifth some fourscore years after tied it faster , for he reducd Charles the sixth to such terms , that after his death he shold immediately possess the Crown and Kingdome of France , and that in the interim the Dauphin his son ( afterwards Charles the seventh ) shold be disinherited ; That in the interim King Henry shold be Regent of France , ( in regard the present King was sometimes crazd in his Intellectuals ; ) That he shold take to Wife the Lady Isabel , Daughter to the said Charles : All which Capitulations not onely the King , but the chiefest Peers and Nobility of France did consent unto , and ratifie by solemn Oath , obliging themselfs further to uphold and assist Henry of England , with his lawful Heirs and Successors , against Charles the Dauphin whom his Father had legally disinherited . Hereupon Henry the fifth dying in France , ( a Death much too soon and immature for so brave a man ) his son Hen. 6. was proclaimd King of England and France in Paris : In which publick Proclamation , t is very observable how England had the precedence ; and therupon the chiefest of the Officers of the Crown and Nobles swore Fealty and Alleageance unto him ; divers of which Nobles grew afterwards Apostats , and joynd with the Dauphin . Against Edward the thirds Right the Salique Law was alledgd , which they wold force and pin upon a Text of Scripture , Lilia neque nent , &c. The Lilies neither spin , &c. But though King Edward had cut the Labels of that Law with a victorious sword , yet it was not quite cancelld : Nor indeed could it be possibly done , for it was but a kind of Chymera , a meer imaginary Law ; and one of the Authentiqust French Historians Du Haillan hath no better opinion of it . They who are the greatest Champions of that Law , acknowledg that it was at first a particular Topical Law made at Salem , a place upon the Rhine , but they have stretchd it since to all France : As if the Law of Gavelkind , which is peculiar to Kent and other distinct places , shold be made to extend it self , and be in force all England over . But some ther are that will not allow any Essence at all to the Salique Law , no not to be a Local restraining Law to the foresaid place neer the Rhine ; Therfore the same answer may be fit to be given un to the Assertors of It , as was given by the Venetians to the Pope , when ther happening a clash between them touching the Sea about Ancona , which they alledgd belongd to the Venetian Gulf wherof they had the Dominion , And the Pope demanding what warrant they had for it , t was answered , by a kinde of Sarcasine , If your Holines please to produce the Instrument wherby the Emperour Constantine the Great passd over the City of Rome to your predecessors , upon the back of that Grant your Holines will find Saint Marks Charter to the Souverainty of the Adriatique Gulph : whence an Intimation was made , that neither of the Charters had ever any being ; which may be justly applied to the Salique Law. And besides that , du Haillan , though a French-man , in the first Volume of his History , confutes that Law. It is confirmd also that ther never was any such Law in France by the testimony of the Duke of Burgundy , who when Philippe le long was created King , he openly cryed out against his Creation , alledging that the Kingdom of France belonged then to Iane daughter unto Hutin King of France formerly : but to stop his mouth , Philip was forcd to make a Gift unto him of the Dukedom of Burgundy in dower with his eldest daughter . But touching the Title of Henry the Fifth , which was confirmed by Solemne Agreement , and Sacramental Oaths , the French found out another Evasion . For it was avouchd , That the Kingdom of France goeth not by Descent or Inheritance , but by Succession , which is grounded not upon a Law but upon Custom ; by vertu wherof the next of the Bloud Royal , be He of the furthest degree that may be to the kindred , succeedeth , not as lawful Heir , but as a Successor by Custom , not newly invented , but of long continuance , even from the time of Pharamond . But this new-devised Objection is refuted also by the foresaid Du Haillan one of the prime French Historiographers , and a French-man born , who reckons up a long Catalog of French Kings which did not succeed one another , but were chosen one after another . Another Objection was also suggested , that Charles the sixth , who made the foresaid Contract with Henry of England , was no better then a Lunatique , though he had somtimes Lucida Intervalla . Wherunto it is answerd , that at the time when that Agreement passd He had a lucid interval , and was in his right wits and memory : Besides , the chiefest Nobility of the Realm were parties in ir , and did not only consent , but obligd themselfs by Oath to the performance of it . Ther was a third Objection which kept a higher noise , viz. That the King of France cannot alienate the Demeanes , Rights , Titles , and Interests of the Crown , without the consent and suffrage of the Assembly of Three Estates , which was not had then , because a great part of the Peers , Nobles , and others were then absent . Whereunto t is answerd , That in claims which go by plurality of voices , it is not always necessary that all shold be present , if the greater and better part of them be there , specially if after Citation the rest absent themselfs : For although the point that concerneth All , shold be approvd by All ; yet , as Civilians hold , when some or all may approve or disallow the things which concern Them , and They will not be present to shew their consent or dislike , their Absence shall not prejudice the stipulation of the Contract . And in this great business twixt two Kings , those who were away were Traytors to Charles the sixth , for they were in arms against him , by taking part with the Dauphin who was in Rebellion against his Father at that time ; Therfore their absence could not in any respect prejudice the validity of so solemn a Contract wherupon depended Peace or War. The fourth Objection carried more of pusillanimity with it , then strength of proof , viz. That when the foresaid Contract was made , the English had almost over-run all France , and that the King was coopd up in a corner of the country ; Therfore whatsoever He did being done by fear , duresse and compulsion , was of no better force then a Covenant extorted by violence , or made in prison by a private man , which when he is at liberty he is not bound by Law to perform if it tend to his damage . To this t is answerd , That the case is far different twixt Souverain Princes and privat men , for between the one ther fall out but Processes and Suits in law if they disagree , or not perform what is a greed upon ; But between Princes , bloud and Wars , fire and Sword , death and destruction somtimes of whole Countries and millions of human soules do Ensue : Therfore when a King by the propitiousness of Heven , and his own prowess , by the hazard of his life , loss of his peeple , with infinit pains and expence of Tresure , hath gaind a Victory by the justness of his Cause and Divine decree , or redu●…d his Enemy to a streight , All the Civilians concur in one unanimous opinion that he may make the best advantage he can of his good successes , and reduce his Enemy to what terms he please ; And the Articles which shall then be capitulated , consented and sworn unto , are to be exactly performd ; otherwise there wold be no end of any War. Now , rhe French Chroniclers themselfs acknowledg that Henry the 5. might at that conjuncture of time and fortune , have destroyed the whole Realm of France , and taken the King prisoner , or driven him quite out : But he was so far from doing so , that he sufferd him to enjoy the Kingdom while he livd , and by taking his daughter to wife made her Issue therby capable not only of the French , but also of the English Crown , with all the Dominions thereunto annexed . Whence some Authors observ that the English have bin usd in all Treaties and Stipulations to be over-reasonable , merciful , plain and downright ; But the French crafty , double minded , inhumane , high and subdolous upon all advantages : Insomuch that t is a question which was sharper , the English blade , or the French brain . I will conclude this digressive discours with another argument of the French , viz. That Charles the sixth could not legally disinherit his eldest son , being Hei●… apparent to the Crown of France . To this may be answerd , that neither Charles the sixth was rightful King , nor consequently his son heir apparent : for since Edward the third of England , all the French Kings were but Usurpers ; they were Kings de facto , not de jure . Moreover ther are many Examples how the eldest sons of the Kings of France have bin disinherited : We read that Robert made his second son Henry King of France , by disinheriting Robert his eldest , who for compensation was made Duke of Burgundy . Lewis le Gros , with the consent of all the Peers and Estats of France , made also Lewis his second son King , and gave Robert his eldest the Earldom of Dreux . Dagobert made Clouis his second son King of France , by putting by Sigisbert his eldest son . I have bin somwhat long in discours of this great Transaction twixt England and France , because the chief aim of this Work being at Precedence , the discerning Reader may regulat his judgment accordingly . We will now go on to conclude this Paragraph , the main scope wherof being Antiquity , and continuance of Royal Bloud . The Genealogical Tree of the Kings of this Iland , as all other Countries , hath had various Stems : the first were Britains ( now calld Welsh ) who may contend for Antiquity , and may be said to be coetaneous with the Iland it self , yea before it was an Iland ; for ther want not some who hold that it was at first a continent , or a peninsula tied to Gallia by an Isthmos or neck of land stretching from Dover to Bullen : for the Rocks on both coasts being of a colour and shape , look as if they were slented one out of the other . Before the Romans took footing here , which was neer upon 200 yeers before they could do it peaceably , the Britains did still so bear up against them ; wheras Gallia or France was fully conquerd in less then 10 yeers : I say , before the Roman Eagle fixd his talons here , ther had bin 65 Kings of the British Bloud : But then that Race being interrupted by the Romans for above 400 yeers , the Iland being freed of Them , some of the old British Bloud came to be Kings again , among whom some were very famous , as 〈◊〉 , and Arthur his son the chief Christian Worthy , who was the first Founder of Warlike honour conferrd upon his Knights of the Round Table . And this Race of the old British Kings lasted till the raign of Cadwallader , Anno 689 ; yet ther were Welsh Princes that swayd still ( as among other Howel Dha the Great Legislator ) and stood stoutly for their Liberty until the raign of Edw. 1. in whose raign Leol●… the last Prince of the British Bloud being slain in battel , his head was brought to King Edward , who commanded it to be crownd with I●…ie , confessing that he had met with more valour in the Welsh then the Scots , for he had fierce Wars with both . But Cadwallader being dead , the British Race was interrupted again ( till Owea Tewdors time , who descended from Cadwallader , as shall be shewd ) by a G●…rman peeple inhabiting the lower Circuit of Saxony , and so calld Saxons by the Welsh and Irish to this day . They had a 〈◊〉 a long time ; but Egbert by conquest redu●…d them to a Monarchy , and he was the first who calld himself King of England . Then that English Race al●…o of Kings had two short Interruptions , one by the Danes wherof ther raigned here three Kings , but all their raigns extended not to ●…5 yeers ; Then by William of Normandy , and that Interruption ●…asted about 40 yeers , till Henry the first married the lady Matilda daughter to Malcolme King of Scotland by the Lady Margaret sister to Edgar Athel●…g , wherby the English Bloud Royal was restord . Then by a marvellous providence the British Royal Bloud after about 800 yeers Interruption was resto●…d by Owen Tewdor , who married the Queen Dowager Katherine , and so was Granfather to Hen. 7. which Tewdor by an exact 〈◊〉 that was made by the British Bards , and confirmed by the English Heralds , came lineally from the foresaid King Cadwallader and Leolin : so ther were three Kings , viz. Hen. 7. Hen. 8. Edw. 6. with two Queens , viz. Mary and Elizabeth , all Tewdors . Then came in the Royal Race of Scotland by the Lady Margaret Tewdor eldest daughter to Hen. 7. and first branch of the two Roses . Now , by a due computation made of the premises , it will be found , that ( take British or English ) the source and series of the Bloud Royal of England is above a thousand yeers since . And if from Cadwallader you go to the British Kings before the Romans interrupted the Royal succession therof , it will be neer upon 3000 yeers ; which no kingdom ●…ls can say . Moreover , the Bloud Royal of Scotland some hundreds of yeers before was incorporated in the British : for the mother of the first King of the Stuarts was a British Lady . And as ther is a Register of 139 British and English Kings , so there is an exact Catalog of 110 Scots Kings : wheras all the three Races of the French Kings make but 64 Kings in all . Nor did any of those three Royal Races continue much above 300 yeers in a Bloud , but were quite extinguishd , both Merovingiens , Carlevingiens , and Capevingiens . The House of Valois extinguished in the late Queen Margaret , first wife to Hen. 4. And this present King is but the Third of the House of Bourbon . Spain cannot say so much : for the furthest Line that Her Kings can draw , is not much above 500 yeers ago , from the Counts of Castile ; nor was ther ever any King of Castile till the yeer 1017. And touching the House of Austria , it became Royal but about 300 yeers since . To conclude this Paragraph , his present Majestie of Great Britain , in point of Royal Extraction and Linage , is the Greatest born Prince that any Age can produce . For wheras his Granfather and Father were allied only , if you regard Forren Consanguinity , to the House of Holstein , and that of Lorain ; Charles the second of England bears in his Veins not only That Bloud , but also the Blouds of all the Great Princes of Christendom , being neerly linkd to the Houses of France and Bourbon , To the House of Austria , and consequently to the Emperour and Spain by the Maternal side , as also to the Dukes of Savoy and Florence . Moreover , He is neerly allied to the King of Denmark , and to all the prime Princes of Germany , as the Saxe , Brandenburg , Bavaria , the Palsgrave , &c. The seventh Paragraph . Touching the Hospitality , and plentiful Kingly Court , with number of Officers and Stately Attendants of the King of Great Britain . T Is ordinary for Latin Authors old and new , to break out into the praises of Great Britain , and their Elogiums are many : but le ts hear what a great Greek Poet speaks of Her. — — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 No Ile did ever dare With Britain yet compare . Among other Encomiums of England , she is much cried up for her wonderful fecundity and fulness of all things relating to the nourishment of mankinde , all things that Earth , Water or Air can afford : which ( with the Divine benediction ) must be imputed to the temper of the Clime ; And besides , ther be gentle breezes that are conveyd from the circumfluent Seas , which refresh all kinde of animals both Brute and Rational . The clouds there may be truly said to drop fatness , dissolving into silver wholsom showers to soften and fertilize her Glebes : In December and Ianuary there is commonly Frost enough to knit and corroborate the joynts of the earth : In February ther is usually Snow enough to fill the Dikes , and like a gentle white rugg to cover her plowd fields , and keep the bed of the earth warm from the inclemency of the circumambient cold air . It is observd that ther is not such a multitude of Volatils any where : And touching her Seas , ther are not any wher so great variety of Fish swimming in such huge shoals like mountains , and taking their turns and seasons about the Iland once every yeer : Her fresh rivers are also full of them . Her Forests and Woods have not such ravenous beasts as other Countries use to have : yet ther are store of savage beasts for Recreation , as the Stagg , the Hind , the Hart , the Hare , the Otter , the Fox and Badger , &c. The bowels of the earth are no where so pregnant of Metals , Stone , and Fuel , &c. The Sun , which scorcheth other Countries , may be said but to warm the English soyl with his gentle rays . The Air is nothing so foggie and dull as in many other Regions , but cleerd and attenuated ever and anon with refreshing blasts . Nor is the body of the earth so subject to shaking Agues and Earth quakes , to trepidation and quakings , as other places are , which are full of sulphurous bituminous concavities . Touching store and superfluity of Corn , with all sorts of Grain , Britain in the times of the Romans was calld , as Tacitus says , the Barn and Granary of the Western world . Take all these particulars together , the Poet doth not much complement with England when he breaks thus into a Character of her . Anglia Terra ferax , Tibi pax secura quietem , Multiplicem luxum merx Opulenta dedit . Tu nimio nec stricta gelu , nec sydere fervens , Clementi Coelo , temperiéque places . Cùm pareret Natura parens , variásq favore Divideret dotes omnibus una locis , Sepofuit potiora Tibi , Matremque professa Insula sis foelix , plenaque pacis , ait , Quicquid amat luxus , quicquid desiderat usus , Ex Te proveniet vel aliunde Tibi . This is the cause of that infinit Commerce she hath to all parts of the habitable earth as far as the Antipodes , and the incredible benefit which other Nations make of her Commodities ; Insomuch that Guicciardine , an Author well to pass , relates that after the Articles of the Intercursus magnus were made with Flanders or the Netherlands , the Annual Trade amounted unto above twelve Millions Sterling , whereof the one half was in Woollen Manufactures , wherby the 17 Provinces did wonderfully improve in Negotiation and Wealth : Insomuch that the ground of the Order of the Golden Fleece established by the Duke of Burgundy , related to the English Wool , which proved so infinitely beneficial unto them . From this marvelous exuberance and superfluity of substantial Staple-commodities proceed the luxe , the plenty and profuseness of the Inhabitants : for ther is no wher such frequent Invitations and Feasts in Town and Country ; which made one say , That among others , England hath an Inchanting kind of quality , to make Forreners forget their own Countries , when they have once tasted of the sweetness therof . The Franklins , Yeomen or Freeholders live like Gentlemen , The Gentlemen and Esquires live like Noble-men , The Noble-men like Princes . The Lord Maior and Sheriffs of London have Tables most days of the week fit to entertain Kings . Now , touching the Royal Court , which may be calld the Epitome of the whole Country , Ther is no King whatsoever lives in that height of magnificence and plenty . Ther was communibus annis servd in kind in provisions for his Majesties house by way of composition , 3790 quarters of Wheat ; 1493 Oxen fat and lean ; 7000 Muttons ; 1231 Veals ; 310 Porks ; 410 Sturks ; 26 Boars ; 320 Flitches of Bacon ; 6820 Lambs ; 40 Barrels of Butter ; 145 dozen of Geese ; Capons cours 252 dozen ; Hens 470 dozen ; Pullets cours 750 dozen ; Chickins cours 1470 dozen ; Wax 3100 weight ; sweet Butter 46640 pounds ; Charcoals 1250 loads ; Talwood , Billets , Faggots , 3950 loads ; Herrings 60 barrels ; Wine-cask from the Vintners 600 Tun , &c. Beer 1700 Tun , &c. This was for the first cours : Now for the second cours innumerable sorts of Fowl and Fish according to the season , which was exactly observd . This made Bodin the great Critique to confess , that considering all things , ther was not a more magnificent and plentiful Court upon earth . Now the riches and fatness of a Country shold be principally seen in the Kings house ; and indeed the greatest glory of England appeers there , as all observing Forreners confess : and nothing conducd more to the continuance , increase and support of his power and honour , and which drew more awe and reverence from all peeple ; all which are so requisit and essential to the prosperity of King and Peeple , as they cannot be wanting , but are and shold be perpetual attendants of the Soverain Prince . Now , this cannot be without the concurrence and service of the Peeple : Now , from all times the English were observd to be industrious , and make it their chief care to provide the best things for the Kings Court ; according to that ancient , and no less eloquent speech of a great Lawyer : Domus Regis vigilia defendit omnium ; Otium Illius labor omnium ; Deliciae Illius industria omnium ; Vacatio Illius occupatio omnium ; Salus Illius periculum omnium ; Honor Illius periculum omnium . The Kings House shold be the watchfulness of All ; His recreations shold be the labor of All ; His plesures shold be the inventions of All ; His safety shold be the danger of All ; His honor the object of All. Now , the greatest cause of the honour and plenty of the Royal Court in England , were the Preemption , Pourvoyances and Compositions he had from evry County , which were so moderat , That they who have cryed them down , thinking it to be a great advantage and ease unto them , will find in time that they were no wiser then the Ass in the Fable ( as a very judicious Gentleman observes ) who thought to make his burden of Sponges the lighter by lying down with them in the water : For those Compositions , considering the smalness of them , and how many went to bear the burden , were scarce any weight at all , as will appeer by those Shires I shall produce for instances . All the thirteen Shires of Wales were chargd but at one hundred and fourscore Sturks , which stood that whole Dominion but in three hundred and threescore pounds , wherof Anglesey , which hath 83 Parishes , payd but 5l . which amounts not to 15 pence evry Parish . The County of Derby , which hath one hundred and six Parishes , payd but 254l . per an . Worcestershire , which hath one hundred and two Parishes , was assessd at 495l . which is about three pounds seven shillings upon evry Parish . Yorkshire , which hath 459 Parishes , besides many large Chapelries , was charged but with 495l . which was not two and twenty shillings upon evry Parish one with another . Bedfordshire , which hath one hundred and sixteen Parishes , payed four hundred ninety seven pounds eight shillings four pence . Cheshire , having sixty eight Parishes , was to furnish but 25 lean Oxen at the Kings price , viz. four marks a piece , &c. with other things , which came not to one pound nine shillings upon evry Parish . Cornwal , having an hundred and sixty Parishes , did not bear so great a contribution as eight shillings upon evry Parish . The County of Devon , which hath three hundred ninety four Parishes , paid no greater sum for evry yearly composition then ten shillings upon every Parish . Herefordshire , having one hundred seventy six Parishes , made evry one to contribut no more then about twelve shillings six pence upon every Parish . The huge County of Norfolk , which hath 660 Parishes , payd but one thousand ninety three pounds two shillings and eight pence ; which in proportion comes not to one pound eleven shillings upon evry Parish . Somersetshire , which hath 385 Parishes , payd seven hundred fifty five pounds fourteen shillings eight pence , which amounts to about 40 s. a Parish . The County of Northampton , which contains 326 Parishes , payd towards Pourvoyance and Composition nine hundred ninety three pounds eighteen shillings four pence ; which was for evry Parish little more then three pounds . Lincolnshire , which hath 630 Parishes , payd one thousand one hundred seventy five pounds thirteen shillings and eight pence ; which amounted to less then forty shillings a Parish . Glocestershire , which hath 280 Parishes , payd four hundred twenty two pounds seven shillings and eight pence ; which was not one pound eleven shillings per Parish . Ther be other Counties , by reason of their vicinity to the Court , and being very great gainers for the vent of their commodities by the Kings constant Residence , with his Tribunals of Justice in his Imperial Chamber of London , were chargd deeper ; as , The County of Kent , which hath 398 Parishes , And is the common road of Ambassadors passing to and fro , as also where his Arsenals , Docks and Navie Royal lies , with four of his Cinq Ports , &c. payd three thousand three hundred thirty four pounds and six shillings . The County of Sussex , which hath 112 Parishes , payd one thousand and sixteen pounds two shillings and six pence . The County of Surrey , having 140 Parishes , payd one thousand seventy nine pounds and three pence . Hertfordshire , which hath one hundred and twenty Parishes , payd one thousand two hundred fifty nine pounds nineteen shillings four pence . The County of Essex , having 415 Parishes , for her neighbourhood to London and the Court , payd two thousand nine hundred thirty one pounds two shillings and two pence . The County of Buckingham , which hath 185 Parishes , payd two thousand and forty pounds sixteen shillings and six pence . Berkshire , having 140 Parishes , payd one thousand two hundred and fifty five pounds seventeen shillings and eight pence . The County of Middlesex , which hath 73 Parishes besides what are in the Suburbs of London and Westminster , paid nine hundred seventeen pounds nineteen shillings per an . which was no great matter in point of proportion to the rest of the Counties , In regard of the great advantages this Shire hath by the propinquity and residence of the Kings Court , And so by letting and setting of Lands , Pasturages , Houses , Lodgings at highet rates , with the improving the prices of all other commodities . The City of London , which hath such mighty benefits by the constant sojourn of the King , and of his principal Courts of Justice at Westminster-Hall , by the Records in the Tower , by the Inns of Court and Chancery , with variety of other advantages , as the Kings Custom-House , wherby she is swoln up to be so vast in Building , and to such infinit Rich●…s , that she swallows up the Trade of all the three Kingdoms ; yet for all these advantages , she with the out-parts did contribut in Grocery ware for the service of the Kings House but about 2000 l. per annum . Nor did the Kings Brewers in London , and four miles compass about , pay but one half ▪ peny in every Bushel of Mault ; which is now remitted : And what an inconsiderable small ease it is to so many Brewers , let any man judge . Out of the Premises touching Compositions for Pourvoyances , this inference may be drawn , what a care and love our provident and prudent Progenitors bore to the honor of their King , his Court , and Houshould ; And under favor I may say that these Royal Pourvoyances , and his tenures in Capite , were two of the fairest flowers in the English Crown , in lieu wherof it may be sayd ther is set in an ear of barly , with a Chimney - Wallflower ; ther is froth and fume given in exchange , which doth so much sully the luster of it : for , as I intimated before , the state and plenty of the Court was accounted the greatest glory of the Crown of England , as Forren Authors of most Nations do acknowledg in their public Writings . Now , wheras some do affirm that the yeerly benefit of the Excise doth make a full compensation for the Court of Wards , and tenures in Capite , out of which ther was also computed fifty thousand pounds yeerly towards the Diet at Court , It is too well known that the said Excise doth not make the King any Equivalent satisfaction for his Tenures alone ( if well managd ) much less for his Pourvoyances , Preemptions and Carriages : For ther was an exact account made by his Majesties special command , of the last yeers expence , that ther were Seventy three thousand six hundred and seven pounds fourteen shillings and seven pence spent more in the Court-diet , and provision of the Stables , then were in the time of Pourvoyance , besides the extraordinary charge of Carriages for his Removes , and Navy Royal. Now , in expending those provisions that were servd into the Court by way of Pourvoyance and Composition , ther was the greatest care and Oeconomical good husbandry usd that possibly could be : for when ther were more Beefs and Muttons with other provisions servd in then the Court wanted , The faithful Officers of the Green-cloth caused them to be Sould , and with the moneys arising thence they were commonly usd to buy Napery , and other Houshold-things for the service of the Kings House , as also in paying the arrears of som of his Servants wages with the surplusages . But now that we dance after the French Fiddle so fast , as we always did so for the back , and now begin to follow him also in things relating to the Belly , by Board-wages , &c. I wish the time may not come that we do not follow him too farr ; As that one cannot put a grain of Salt in his pot unless he buy it of the King , wherby , in making Salt his own Commodity , the French King raiseth by the meer Gabel which ariseth thence above 20 millions of Livres evry yeer , which is two millions Sterling ; which sum is twice more then the King of Great Britain hath from all Incoms whatsoever , as Crown-lands , Customes and Imposts , Excise and Chimney-money , with other perquisits and casualities : And as the French thus cannot put a grain of Salt in his pot , so the Spaniard cannot put a corn of Peper into his Olla unless he hath it from the King ; Nor can he buy a pair of Cards or Dice to pass away the time withal , unless he hath them of the King ; Nay , he cannot buy half a sheet of Paper to write either Bond or Bill , Acquittance or Receit , or other legal Instrument , but he must buy all of the King ; Which adds millions to his yeerly Revenues : yet the peeple of Spain are cryed up for a free peeple . But touching the Imposition of Excise ( which is given the King for his Royal Tenures , and House-keeping ) I well remember the time , that Excise was held such an abominable word , that my Lord Carleton but only for naming it once in the Parlement-House , ( yet to no ill meaning at all ) was violently cryed to the Bar ; and , though a person of that eminence , as being then a Privie Counsellor , and principal Secretary of State , he hardly escapd being committed to the Tower. The Excise was then calld the Dutch Devil , because it came first from Holland , with other fine words , as plunder , storming , &c. which were all made free Denizons of England by that so longd-for Long Parlement . And observable it is , that the first imposing and use of Excise in England was to enable Rebels to make War against their King and Country . Having thus briefly run over the Sumptuary part of the English Court , we will now proceed to the Servants and Officers , to the Attendance and State thereof , which comes not behind any other Court whatsoever : And this might be the ground of that ancient Proverb in England , and nowhere els , There is no Fishing to the Sea , nor Service to the Kings . The Court is the randevous of Vertu , of Cadets , and persons well qualified : It is the Scale by which they rise , the King being the fountain of Honour , as well as of Bounty . But before we come to speak of the Officers at Court , and of their Diet and Bouche , which by a pitiful corruption is vulgarly calld budg , wheras it is bouche a mouth ; therfore it is a French phrase , Il a bouche à la Cour , He hath a mouth at Court , viz. he hath a Diet : I say , before we come to speak of the Dishes and Diet at Court , let the Reader take this small Advertisement in the way , that evry Dish at Court was computed to cost the King viis & modis at the years end 100 l. a dish : But now since the Preemption and Pourvoyance is taken away , evry dish doth stand in four times as much , at least . The Kings Court or Houshold . The Lord Great Chamberlain and Earl Marshal are rather Officers of State , and as it were extraneous in relation to the Houshold : so , in a manner , are the four Officers of the Crown who use to have Houses abroad , viz. The Lord Chancellor or Keeper of the Great Seal of England . The Lord high Tresurer . The Lord Privie Seal . The Lord high Admiral . But the properst Domestick Officers are as follow , viz. The Lord Steward of the Houshold , who hath allowed him evry day besides his Fee — 32 dishes . The Tresurer of the Houshold 32 dishes ; and besides his table he hath a Fee of — 123 l. 14 s. 4 d. The Controuler , besides thirty two dishes a day , hath a Fee of — 167 l. 17 s. 4 d. The Cofferer , besides his Table , hath — 100 l. The principal Secretary of State hath besides his Table — 100 l. The Secretary for the Latin Toung , Fee — 40 l. The Secretary for the French Toung , Fee — 66 l. 13 s. 4 d. The Clerks of the Signet , Fee every one — 40 l. Four Clerks of the Privie Council , Fee evry one — 50 l. Clerk of the Council in the Star-chamber , Fee — 26 l. 13 s. 4 d. Two Clerks of the Parlement , Fee The first , — 40 l. Two Clerks of the Parlement , Fee The second , — 10 l. Clerk of the Market , Fee — 20 l. Post-master , Fee — 20 l. Thirty standing Posts appointed by the Post-master , evry one Fee — 18 l. 5 s. Two Carriers To one — 24 l. 3 s. 4 d. Two Carriers To the other — 12 l. Officers above Stayrs . Lord Chamberlain of the Houshold , besides his Table of thirty two dishes a day , hath a Fee — 100 l. The Groom of the Stole , who is always a Gentleman of the Bed-chamber , hath evry day — 32 dishes . Vice-chamberlain , Fee — 100 Marks . Knight-Marshal , Fee — 100 Marks . The Gentlemen of the Privie Chamber , whose number is indefinite , Fee evry one — 50 l. Three Gentlemen-Ushers of the Privie Chamber — 30 l. Ten Grooms of the Privie Chamber , Fee apiece — 20 l. Four Carvers , Fee evry one — 50 Marks . Three Cup-bearers , Fee evry one — 50 Marks . Four Sewers , Fee evry one — 50 Marks . Four Escuyers of the Body , Fee evry one — 50 Marks . Four Yeomen-Ushers , Fee evry one — 9 l. 2 s. 6 d. Twelve Ordinary Grooms , Fee evry one — 2 l. 13 s. 4 d. Four Pages , Fee evry one — 2 l. Clerk of the Closet , Fee evry one — 4 l. Four Messengers , Fee evry one — 5 l. The Band of fifty Gentlemen-Pensioners , Fee for evry one — 50 l. Standard-bearer to the Pensioners , Fee — 100 Marks . The Guard. Captain of the Guard , fee besides a Livery-Gown — 14 l. Two hundred ordinary Yeomen of the Guard , Fee — 16l . 13s . 4d . Fifty extraordinary , 8 d. per diem — 1 l. 13 s. 4 d. Standard-bearer to the Guard , Fee — 100 Marks . Clerk of the Check , fee — 100 Marks . The Great Wardrobe . The Master , his fee — 100 l. Livery — 15 l. Two Clerks , fee each — 4 l. 6. 8 d. Rent-gatherer , fee — 5 l. 0 s. 8 d. Four Taylors , fee evry one — 9 l. 2 s. 6 d. Skinner , fee — 18 l. 5 s. 0 d. Three Embroderers , fee evry one — 18 l. 5 s. 0 d. The Butlary of England . Chief Butler , Fee — 50 Marks . The Counting House . Four Clerks , fee evry one — 44 l. 6 s. 8 d. Clerk to the Cofferer , fee — 20 l. Yeoman , fee — 5 l. Groom , fee — 2 l. 13 s. 4 d. The Iewel-House . Master , his fee — 50 l. Yeoman , his fee — 6 l. Groom , his fee — 2 l. 13 s. 4 d. The Green-cloth . I should have spoken before herof in point of precedence , It being a Court of Justice continually sitting in the Kings Palace ; The chiefest wherof are the Lord Steward , the Tresurer , the Controwler , and Cofferer , the Master of the Houshold , two Clerks of the Green-cloth , and two Clerks Controwlers . Of these , the first three are usually of the Privy-Council ; For unto This , being as some hold the first and ancient Court of Justice in England , is committed the Charge and surintendency of the Kings Court Royal for matter of government . It is called the Green-cloth , from the colour of the Carpet at which they sit , wheron the Kings Arms are embrodered , and on each side the Arms of the Counting House bearing verd , a Key and a Rod or white Staff argent saultie , signifying their power to reward or correct , as persons for their great prudence and experience thought fit to exercise both those functions . The Robes . Yeoman , fee — 50 l. Groom , fee — 2 l. 13 s. 4 d. Page , fee — 2 l. Harbingers . Knight-Harbinger , fee — 50 l. Four Harbingers , fee evry one — 10 l. Thirty Yeomen of the Crown , fee evry one — 6 l. 1 s. 8 d. The Beds . Five Marshals , fee evry one — 11 l. 8 s. 1 d. ob . Four Sewers , fee evry one — 11 l. 8 s. 1 d. ob . Two Survayors , fee evry one — 11 l. 8 s. 1 d. ob . Two Yeomen , fee evry one — 5 l. Clerk , fee — 14 l. Two Grooms , fee evry one — 2 l. 13 s. 4 d. Two Pages , fee evry one — 2 l. The Pantry . Sergeants fee — 11 l. 8 s. 1. ob . Four Yeomen , fee evry one — 5 l. Four Grooms , fee evry one — 2 l. 13 s. 4 d. Two Pages , fee evry one — 2 l. Bread-bearer , fee — 1 l. 10 s. 4 d. The Boteller . Yeoman , fee — 5 l. Groom , fee — 2 l. 13 s. 4 d. The Hall. Servitors sixteen , to four , fee — 3 l. 8 s. 4 d. To the rest — 2 l. 13 s. 4 d. The Buttry . Four Yeomen , fee evry one — 5 l. Four Grooms , fee evry one — 2 l. 13 s. 4 d. Two Pages , fee each — 2 l. The Cellar . Sergeant , fee — 11 l. 8 s. 1 d. ob . Seven Yeomen , fee evry one — 5 l. Groom , fee — 2 l. 13 s. 4 d. Two Pages , fee each — 2 l. The Ewry . Sergeant , fee — 11 l. 8 s. 1 d. ob Three Yeomen , fee evry one — 5 l. Two Grooms , fee each — 2 l. 13 s. 4 d. Two Pages , fee each — 2 l. Three Clerks , fee evry one — 11 l. 8 s. 1 d. ob . The Bake-house . Sergeant , fee — 11 l. 8 s. 1 d. ob . Seven Yeomen , fee evry one — 5 l. Two Grooms , fee evry one — 2 l. 13 s. 4 d. Four Conducts , fee evry one per diem — 4 d. The Kitchin. Two Master-Cooks , fee evry one — 11 l. 8 s. 1 d. ob . Six Yeomen , fee evry one — 5 l. Six Grooms , fee evry one — 2 l. 13 s. 4 d. Eight Children , fee evry one — 2 l. Galapines , apparel for them of the Hall , Kitchin , and Privie Kitchin — 50 l. Surveyor of the Dresser , fee — 22 l. 1 s. 3 d. To the Cooks at Easter in Larges — 6 l. 13 s. 4 d. To the Scullery , Larges — 1 l. To the Pastry , Larges — 2 l. The Spicery . Clerk , fee — 32 l. Yeoman , fee — 5 l. The Pitcher-House . Two Yeomen , fee evry one — 5 l. Two Grooms , fee evry one — 2 l. 13 s. 4 d. Two Pages , fee evry one — 2 l. The Chaundlery . Sargeant , fee — 11 l. 8 s. 1 d. ob . Two Yeomen , fee each — 5 l. Two Grooms , fee each — 2 l. 13 s. 4 d. Two Pages , fee evry one — 2 l. The Larder . Sergeant , fee — 11 l. 8 s. 1 d. ob . Yeoman , fee — 5 l. Two Grooms , fee evry one — 2 l. 13 s. 4 d. Two Pages , fee evry one — 2 l. The Boyling House . Two Yeomen , fee evry one — 5 l. Three Grooms , fee evry one — 2 l. 13 s. 4 d. Two Pages , fee — 2 l. Clerk , fee — 6 l. 13 s. 4 d. The Neatery . Yeoman-Pourvoyer of Salt Fish , fee — 40 l. Yeoman-Pourvoyer of Fresh Fish , fee — 7 l. 13 s. 4 d. Seven Yeomen-Pourvoyers of Oxen , Mutton , Veal , Lamb , &c. fee evry one — 7 l. 13 s. 4 d. Four Grooms , fee evry one — 2 l. 13 s. 4 d. Yeomen of the Store-house , fee — 5 l. The Poultry . Sargeant , fee — 11 l. 8 s. 1 d. ob . Clerk , fee — 6 l. 13 s. 4 d. Four Yeomen-Pourvoyers , fee evry one — 7 l. 13 s. 4 d. The Scalding House . Yeoman , fee — 5 l. Two Grooms , fee each — 2 l. 13 s. 4 d. Two Pages , fee each — 2 l. The Pastry . Two Sergeants , fee each — 11 l. 8 s. 1 d. ob . Clerk , fee — 6 l. 13 s. 4 d. Two Yeomen , fee each — 5 l. Four Grooms , fee evry one — 2 l. 13 s. 4 d. Four Children or Pages , fee evry one — 2 d. The Scullery . Three Yeomen , fee evry one — 5 l. Two Grooms , fee each — 2 l. 13 s. 4 d. Two Pages , fee each — 2 l. Amners . Gentleman-Amner , fee — 11 l. 8 s. 1 d. ob . Sub-Amner , fee — 6 l. 16 s. 10 d. ob . Four Yeomen , fee evry one — 5 l. Two Grooms , fee each — 2 l. 13 s. 4 d. Chappel . Gentlemen of the Chappel , fee apiece — 11 l. 8 s. 1 d. ob . Master of the Children , his fee — 40 l. To the Children at high-Feast-Largesses — 9 l. 13 s. 4 d. Allowance for their Breakfasts — 16 l. The Laundry . Two Yeomen , fee each — 5 l. Two Grooms , fee each — 2 l. 13 s. 4 d. Two Pages , fee each — 2 l. One Woman-Laundress , fee — 10 l. The Wafry . Clerk , fee — 6 l. 13 s. 4 d. Yeoman , fee — 5 l. Groom , fee — 2 l. 13 s. 4 d. The Wood-yard . Sergeant , fee — 11 l. 8 s. 1 d. ob . Four Yeomen , fee evry one — 5 l. Four Grooms , fee evry one — 2 l. 13 s. 4 d. Two Pages , fee evry one — 2 l. Two Wood-bearers , Largess to them at Midsummer , and to the Grooms of the Kings Hall — 5 l. Six Porters and Scowrers , Largess at Easter — 5 l. Porters of the Kings Gates . Three Yeomen , fee evry one — 5 l. Three Grooms , fee evry one — 2 l. 13 s. 4 d. Master of the Horse . Besides thirty two Dishes per diem , fee — 100 l. In whose gift are , the chief Avenor , fee — 40 l. Fourteen Escuyers , fee evry one — 20 l. Clerk of the Stable , fee — 16 l. 14 s. 7 d. Three Survayors , fee evry one — 16 l. 14 s. 7 d. Sergeant of the Carriages , fee — 22 l. 16 s. 3 d. Six Riders , fee evry one — 30 l. Sixteen Foot-men , fee evry one — 20 l. Eight Coach-men , fee evry one — 18 l. 5 s. Yeoman of the St●…rrop , fee — 13 l. 13 s. Three Sadlers , fee evry one — 9 l. Six Litter-men , fee evry one — 10 l. Four Yeomen-Pourvoyers — 12 l. 10 s. Three Yeomen-Granators — 13 l. Yeomen of the Male , fee — 12 l. 13 s. 4 d. Sargeant-Ferrier , fee — 20 l. 15 s. 8 d. Three Yeomen-Ferriers , fee — 9 l. Yeoman-Bittmaker , fee — 6 l. 1 s. 8 d. Yeomen of the close Cart , fee — 12 l. 8 s. 1 d. ob . Sixty four Grooms , fee evry one — 18 l. 5 s. The Tents . Master , fee — 30 l. Controuler , fee — 12 l. 3 s. 4 d. Clerk , fee — 13 l. 6 s. 8 d. Keeper of the Tents , fee — 10 l. Yeoman , his fee — 9 l. 2 s. 6 d. Groom , his fee — 5 l. Revels . Master , fee — 100 l. Yeoman , fee — 9 l. 2 s. 6 d. Four Masters of the Requests , fee a piece — 100 l. Hunting . Master , fee — 18 l. 5 s. Sargeant , fee — 11 l. 8 s. 1 d. ob . Officers and others serving under the Master , Wages and Allowance for them — 113 l. 6 s. 8 d. Harriers . Master , fee — 18 l. 5 s. Officers and others subservient to the said Master , Wages and Allowance for them — 79 l. 1 s. 8 d. Otter-hounds . Master , fee — 13 l. 6 s. 8 d. Buck-hounds . Master , 12 d. per diem for himself , and to sundry Hunters serving at his appointment — 50 l. Two Sargeants , fee each — 20 l. Two Yeomen-Prickers , fee each — 9 l. 2 s. 6 d. For meat for the Hounds to the Grooms — 13 l. 6 s. 8 d. Musicians and Players . Sargeant-Trumpeter , fee — 40 l. Sixteen Trumpeters , fee evry one — 24 l. 6 s. 8 d. Two Luters , fee evry one — 40 l. Two Harpers , fee evry one — 19 l. 5 s. Eight Singers , fee evry one — 6 l. 13 s. 4 d. Allowance to six Children for Singing — 50 l. Rebeck , fee — 28 l. 6 s. 8 d. Nine Minstrels — 151 l. 15 s. 4 d. Six Sackbutts , fee evry one — 24 l. 6 s. 8 d. Eight Viols , fee evry one — 20 l. Three Drumsteds , fee evry one — 18 l. 5 s. Two Players on the Flute , fee a piece — 18 l. 5 s. Two Players on the Virginals , fee a piece — 30 l. Seven Musician-strangers — 183 l. 6 s. 8 d. Eight Players of Enterludes , fee evry one — 3 l. 6 s. 8 d. Two Makers of Instruments , fees — 30 l. Surgeons . Two Surgeons , fees between them — 60 l. Two other , fees to both — 40 l. Two more , fees between them — 20 l. Three Physicians , fees evry one — 100 l. Three Apothecaries , fee evry one — 26 l. 13 s. 4 d. Astronomer , fee — 20 l. The Kings Barge . Master , fee — 16 l. 8 s. 1 d. Twenty five Water-men for the Barge , one — 8 l. 1 s. 8 d. Another — 6 l. 1 s. 8 d. The rest evry one — 2 l. Artificers . Stationer , fee — 26 l. 6 s. 8 d. Printer , fee — 4 l. Cutler , fee — 6 l. 1 s. 8 d. Weaver , fee — 9 l. 2 s. 6 d. Wheelwright , fee — 18 l. 5 s. Crossbow-maker , fee — 6 l. 1 s. 8 d. Coach-maker , fee — 10 l. Clock-maker , fee — ●…8 l. 5 s. Budget-maker , fee — 6 l. 1 s. 8 d. Feather-dresser , fee — 13 l. 6 s. 8 d. Lock-smith , fee — 2 l. 13 s. 4 d. Arrowhead-maker , fee — 6 l. 1 s. 8 d. Buckler-maker , fee — 3 l. 0 s. 8 d. Handgun-maker , fee — 24 l. 6 s. 8 d. Graver of Stones , fee — 20 l. Sargeant-Painter , and others under him — 100 l. Arbour-maker , and Planters of Trees — 25 l. 10 s. Stillers of Waters , fee — 40 l. Bowyer and Fletcher , fee a piece — 9 l. 2 s. 6 d. Clock-keeper , fee — 12 l. 13 s. 4 d. Keeper of the Libraries — 13 l. 6 s. 8 d. The Kings Works . Surveyor , for himself , one Clerk , Boat-hire , and Riding-charges — 142 l. 19 s. 2 d. Controuler of the Works , fee — 18 l. One Clerk , fee — 9 l. 2 s. 6 d. Clerk of the Engrossment of the pay-book — 18 l. 5 s. Pourvoyor , fee with charge of a horse — 18 l. 5 s. Paymaster , fee 12 d. per diem — 18 l. 5 s. Keeper of the Store-house , fee — 11 l. 8 s. 1 d. Clerk of the Check , fee 10 d. per diem — 15 l. 4 s. 2 d. Clerk of the Controulment — 10 l. 12 s. 11 d. Carpenter , fee per diem 12 d. — 18 l. 5 s. Plummer , fee per diem 12 d. — 18 l. 5 s. Mason , fee per diem 12 d. — 18 l. 5 s. Joyner , fee — 19 l. 9 s. Glasier , fee — 36 l. 10 s. Survayor of the Mines , fee — 36 l. 10 s. Devisor of the Buildings , fee — 36 l. 10 s. Kings at Arms and Heralds . Garter Principal King at Arms , fee — 40 l. Clarencieux King at Arms , fee — 30 l. Norroy King at Arms , fee — 20 l. Kings Heralds seven , fee evry one — 13 l. 6 s. 8 d. Poursuyvants at Arms four , fee apiece — 10 l. Sargeants at Arms twenty five , fee evry one — 18 l. 5 s. Standard-bearer , fee — 100 l. Banner-bearer , fee — 100 l The Admiralty . Lord High Admiral of England , fee — 300 Marks . Vice-Admiral , fee — 100 Marks . Two Clerks fee of the one — 18 l. 5 s. Two Clerks fee of the other — 15 l. 1 s. 8 d. Boat-hire upon all occasions — 10 l. Riding-charges during his travel , per diem — 10 s. Tresurer of the Navie , fee — 100 Marks . Two Clerks , fee 8 d. per diem — 24 l. 6 s. 8 d. Riding-charges upon occasion per diem — 6 s. 8 d. Master of the Ordnance , fee — 100 Marks . Three Clerks , fee among them per diem — 3 s. 4 d. Boat-hire upon all occasions — 8 l. Riding-charges per diem — 6 s. 8 d. Controuler of the Navie , fee — 50 l. Two Clerks , each per diem — 8 d. Boat-hire — 8 l. Riding-costs per diem — 4 s. Survayor , fee — 40 l Two Clerks , each per diem — 8 l. Riding-co●…ts per diem — 4 s. Boat-hire upon all occasions — 8 l. Clerk of the Ships , fee — 33 l. 6 s. 8 d. Boat-hire upon all occasions — 6 l. Riding-costs per diem — 3 s. 4 d. Clerk of the Store-house at Deptford , fee — 33 l. 13 s. 4 d. One Clerk subservient — 6 l. Pilot , fee — 20 l. Victualler of the Navie , fee — 58 l. One Clerk , per diem — 8 d. Riding-costs per diem — 5 s. The Ordnance . Master of the Ordnance , fee — 151 l. 11 s. 8 d. Two Clerks one per diem — 10 d. Two Clerks the other — 8 d. Surveyor , fee — 36 l. 10 s. One Clerk , per diem — 8 d. Riding-costs per diem — 6 s. Lieutenant of the Ordnance , fee — 100 Marks . One Clerk , per diem — 8 d. Boat-hire upon all occasions — 8 l. Riding-costs — 0 s. 0 d. Keeper of the great Store , fee — 40 l. Clerk , per diem — 8 d. Riding-costs — 0 s. 0 d. Keeper of the small Store , fee — 40 Marks . Riding-costs — 0 s. 0 d. Clerk of the Deliveries , fee — 20 l. Master-Gunner of England , fee per diem — 2 s. 6 d. 〈◊〉 - maker , fee per diem 12 d. — 18 l. 5 s. Saltpe●…er-maker , fee — 18 l. 5 s. Two Gun-founders — 33 l. 9 s. 2 d. Gun-smith , fee 6 d. per diem — 9 l. 2 s. 6 d. Engin-Artificer , fee per diem 4 d. — 6 l. 1 s. 8 d. Master-Carpenter , fee per diem 8 d. — 12 l. 3 s. 4 d. Ordinary Gunners or Cannoneers , one hundred and nine , fee — 1161 l. 18 s. 4 d. Yeoman of the Ordnance , fee per diem 9 d. — 13 l. 14 s. 1 d. The Tower of London . Constables fee — 100 l Lieutenants fee — 200 l. Porters fee — 9 l. 2 s. 6 d. Yeomen-Waiters or Warders , fee — 9 l. 2 s. 6 d. Allowance for Fuel — 6 l. 13 s. 4 d. Keeper of the Lions , &c. fee — 36 l. 14 s. 6 d. Carpenter , fee — 12 l. 3 s. 4 d. Keeper of the Wardrobe , fee — 12 l. 13 s. 4 d The Armary . Master of the Armary , fee — 31 l. 18 s. 9 d. Armarers under the Master , twenty , one at — 36 l. Five , evry one at — 20 l. Three , evry one at — 15 l. The rest evry one at — 9 l. 2 s. 6 d. The Mint . Master , or Tresurer of the Mint , fee — 100 l. Controuler of the Mint , fee — 100 Marks . Assay-master , fee — 100 Marks . Clerk of the Mint , fee — 10 l. Auditor of the Mint , fee — 44 l. 6 s. 8 d. Allowance for Paper , 〈◊〉 , and other necessaries — 10 l. Teller of the Money , fee — 33 l. 6 s. 8 d. Survayor of the Melting-house , fee — 26 l. 13 s. 4 d. Clerk of the Irons , fee — 13 l. 6 s. 8 d. Chief Graver , fee — 30 l. Chief Finer , fee — 10 l. Sinker of Irons , fee — 10 l. Three Melters , fee evry one — 13 l. 6 s. 8 d. Two Branchers , fee evry one — 13 l. 6 s. 8 d. Pourvoyer , fee — 10 l. Pot-maker , fee — 10 l. Porter , fee — 10 l. Diet to all these Officers by the week — 1 l. 10 s. The high Court of Chancery . Lord Chancellor , or Lord Keeper of the Great Seal of England , fee per diem 23 s. — 419 l. For his attendance in the Star-chamber — 200 l. More by name of Annuity — 300 l. Robes out of the Wardrobe — 40 l. Wine out of the Butlery twelve Tuns — 72 l. Wax out of the Wardrobe — 17 l. Sum. allocat . per an . — 1048 l. Master of the Rolls , fee — 34 l. 15 s. 8 d. Livery out of the Hamper — 28 l. 8 s. 4 d. Masters of the Chancery , fee apiece — 6 l. 13 s. 4 d. Clerk of the Crown , fee — 20 l. Livery for Summer and Winter — 26 l. 13 s. 4 d. Protonotary , fee — 33 l. 13 s. 4 d. Clerk of the Hamper , fee — 43 l. 13 s. 4 d. Annuity — 40 l. Livery for himself and his Clerk — 6 l. 13 s. 4 d. Controuler of the Hamper , fee — 10 l. Enrollers of Evidences , fee — 20 l. Seal , fee — 6 l. 16 s. 10 l. Livery — ●…0 s. Sargeant at Arms , fee — 18 l. 5 s. Cryer , Fee and Livery — 7 l. 16 s. 10 d. Chafer of Wax — 7 l. 6 s. 7 d. Necessary charges of Wax , Parchment , Paper , Riding Coats , and other yearly Expences — 220 l. The Privie Seal . Lord Keeper of the Privie Seal , fee per diem — 1 l. Allowd for his Table at Court — 345 l. Clerks of the Privie Seal , fee apiece — 50 l. Four Masters of the Requests , fee apiece — 100 l. The Kings Bench. Lord Chief Justice of the Kings Bench , who holds his place onely by a short Writ , not by Patent as others do , for his Fee , Reward and Robes — 208 l. 6 s. 8 d. Wine two Tuns — 10 l. Allowance for Justice of Assize — 20 l. To three Justices assistants , Fee , Reward , and Robes apiece — 128 l. 6 s. 8 d. Allowance to evry one as Justice of Assize — 20 l. Clerk of the Crown , fee — 10 l. Livery out of the Wardrobe — 6 l. 13 s. 4 d. Protonotary , fee — 26 l. 13 s. 4 d. Keeper of the Writs and Rolls , fee — 8 l. Cryer , fee — 6 l. 13 s. 4 d. The Common Pleas. Lord Chief Justice of the Common Pleas , Fee. Reward and Robes — 141 l. 13 s. 4 d. Wine out of the Butlery , two Tuns — 8l . Allowance for keeping the Assize of the Augmentation-Court — 12l . 10s . Allowance for Justice of Assize — 20l. Three coadjutant Justices , Fee , Reward and Robes to evry one — 128l . 6s . 8d . Allowance for being Justices of Assize — 20l. Attorney-General , fee — 61l . Allowance for being Justice of Assize — 20l. Sollicitor-General , fee — 50l . Keeper of the Writs and Rolls , fee — 4l . Four Sargeants at Law , to each Fee , Rewards and Robes — 26l . 6s . 8d . Allowance as Justice of Assize — 20l. Allowance for keeping the Assizes of the Court of Augmentations — 12l . 6s . 8d . Cryer , fee — 5l . Chief Officers of the Kings Revenues , and of the Exchequer . The Lord High Tresurer of England , fee — 368l . Robes out of the Wardrobe — 15l . 7s . 8d . Wine so many Tuns Impost free — 0l . 0s . 0d . Allowance for Diet — 0l . 0s . 0d . Chancellor of the Exchequer , fee — 113l . 6s . 8d . Livery out of the Wardrobe — 12l . 17s . 4d . Tuns of Wine Impost free — 0l . 0s . 0d . Officers of the Exchequer-Court . Lord Chief Baron , fee — 100l . Livery out of the Wardrobe — 12l . 17s . 4d . Allowance for being Justice of Assize — 20l. Tuns of Wine Impost free — 0l . 0s . 0d . The Barons of the Exchequer , to each fee — 46l . 13s . 4d . Livery out of the Wardrobe — 12l . 17s . 4d . Allowance for being Justices of Assize — 20l. Other Officers of the Exchequer . The Kings Remembrancer , fee — 55l . 17s . 4d . Livery out of the Wardrobe — 4l . 12s . 4d . The Lord Tresurers Remembrancer , fee — 46l . 2s . 1d . Livery out of the Wardrobe — 2l . 13s . 4d . Clerk of the Pipe , fee — 65l . 4s . 2d . Livery , &c. — 2l . 13s . 4d . Under-Tresurer of the Exchequer , fee — 73l . 6s . 8d . Livery , &c. — 4l . 6s . 8d . Seven Auditors , fee evry one — 10l . Forren Opposers , fee — 16l . 13s . 4d . Clerk of the Extreats , fee — 15l . Clerk of the Pleas , fee — 5l . Clerk of the Summons , fee — 4l . Two Marshals , fee apiece — 4l . Two Deputy-Chamberlains , fees apiece — 2l . 10s . Two Secondaries in the Kings Remembrancers Office , fee evry one — 8l . Two Secondaries in the Pipe-Office , fee — 5l . Four Secondaries in the Tresurers Remembrancers Office , fee evry one — 4l . Clerks of the Tallies , fee evry one — 17l . 10s . Clerk of the Pell , fee — 17l . 10s . Four Tellers , fee evry one — 13l . 13s . 4d . Clerk in the Pipe-Office for offring Amercements , fee — 9l . 13s . 4d . Clerk in the Office of the Kings Remembrancer , fee for writing the Fines , Issues and Amercements due to the King evry year — 15l . 6s . 8d . Clerk in the Office of the Tresurers Remembrancer , fee for offering the Amercements — 6l . Clerk in the Office of the Pleas , fee — 3l . The four Ushers of the Court of Exchequer for their fees , in delivery of Processes , and for Paper , Wax , and other necessaries by them provided , and bought for the Officers of the Court amongst them — 140l . Four Porters , Livery to evry one — 4s . Two Joyners for Tallies , fees apiece — 10l . Two Deputy-Chamberlains to write the controulment of the Pell , fees apiece — 6l . One Clerk to write the Tallies of Controulment , fee — 9l . One Porter of the Baggs , and Keeper of the Tresure-House-Keys , fee — 6l . 6s . 8d . Four Messengers , fee per diem — 4d . ob . The Grooms of the Receits fee by Rewards and Allowances — 2l . To the Tresurers , and Chamberlains Officers , allowd for Parchment — 6l . Three Ushers of the Receits , Fees , for Diet , Wax , Paper , Parchment , &c. — 60l . The Court of First-fruits and Tenths . Chancellor , fee — 200 Marks . Diet-money — 100l . Hire for a house for himself , and for the Records — 9l . Tresurer , fee — 20l. Diet-money — 10l . House-rent — 10l . A Deputy — 4l . A Clerk — 6l . 13s . 4d . Attorney , fee — 26l . 13s . 4d . Auditor , fee — 20l. Diet-money — 51l . 10s . One Clerk — 6l . 3s . 4d . Other Allowances and Expences . Clerk of the Court , fee — 40l . Keeper of the Records , fee — 20l. Messenger , fee — 2l . 10s . 7d . Allowance — 13l . 6s . 8d . Usher , fee — 2l . 10s . 7d . Allowance — 3l . 6s . 8d . The Dutchy of Lancaster . Chancellor , and Allowance with 4l . for Paper , Ink and Parchment — 142l . 16s . Survayor , Fee , and Allowance — 66l . 13s . 4d . Attorney , Fee , and Allowance — 38l . 10s . 4d . Clerk of the Court , Fee and Allowance — 27l . 10s . 4d . Messenger , Fee besides Riding costs — 10l . Assistants in the said Court. One Attorney for the Dutchy in the Exchequer , fee — 100l . Attorney likewise in the Chancery , fee — 20l. To the Usher of the Receits in the Exchequer , fee — 20l. Four learned men in the Law retained for Counsel for the said Dutchy , fee evry one — 7l . 6s . 8d . Besides Auditors , Receivers , &c. The Presidential Court in Wales , or the Council of the Marches . Lord President , Diet for himself and Council per an . — 1040l . Divers Counsellors , to some — 100 Marks . To others — 50l . To others — 40l . Secretary , his fee — 13l . 6s . 8d . Atturney , fee — 13l . 6s . 8d . Sollicitor , fee — 10l . Surveyor , fee — 6l . 13s . 4d . Touching the Presidential Court in the North , where ther was usd to be also a Lord President , four of the Learned Counsel , a Secretary and other Officers , the King saves nere upon 2000l . per an . The like sum or therabouts is savd by the Court of Wards , though the loss which the Crown of England hath receavd therby in point of honour by Tenures in Capite , and Royal Pourvoyances , &c. be invaluable ; which makes our next Forren Neighbours in a kinde of jeer ( and the best of their wit lies in jeering ) to say , that all the Noblemen and Gentry of England , since Tenure in Capite was taken away , are become little better then Roturiers , then Yeomen that hold in Soccage . The former Catalog of Court-Officers was delivered to King Iames at his first coming in , And ther may be some alterations since . Now ther is a mighty number of other Officers belonging to the Crown : as Auditors , Receavors , Surveyors , Escheators , Customers ; Governors and Constables of Castles , Keepers of Forts , Points and Bulwarks ; Rangers of Forests ; Keepers of Chaces , Parks and Woods , &c. which wold make a Volume of it self , and is not so proper to the designe of this subject , which aims principally at the Menial and domestick servants attending at Court , though we have bin transported as we went along to other Offices . Out of the premises this result may be drawn , that besides the unparallelld plenty , fatness and hospitality of the English Court in point of provision , and munition de Bouche , as the Frenchman calls it , Ther is no Court in Christendom servd with more punctual attendance and state ; wheras if you cross ore the Chanel , and take a view of the next transmarin Court , one shall see common Laquays , Scullions , and greasie Galopins bring meat to the very rayls of the Kings Table : And touching the Spanish Court , t is so pitifully thin at dinner and supper-time , that one wold think he were in some Monastery of Capuchins : But go to either of their Kitchins , one may break his neck as soon as break his Fast. While I was writing this , a plesant Repartie came into my memory that happend twixt that worthy and warlike British Knight Sir Roger Williams , ( who being General of an English Army in France , Henry the Great confessd to be a better Soldier then himself ) Sir Roger being at an Ordinary in Antwerp , where among others ther was a Spanish Alferez who began to speak much of the dainty Fruits and Salades of his Country , Sir Roger let him go on a good while , and at last answered bluntly , 'T is tru Sir we have not such Lemons , Orenges , and Pomegranats which you have in Spain , but we have in England good Chines of Beef , and Sirloyns of Veal , &c. We have the meat , and you have but sauce for our meat . I will close up this Paragraph with this humble Advertisement ; That it highly concerns the common interest of the English Nation to introduce again , and revive the most ancient and legal usage of his Majesties just rights of Preemption , and Pourvoyance or compositions for them ; Otherwise it is impossible for him to keep a Court any thing sutable to a King of Great Britain . The Eighth Paragraph . Touching the diversity of Nations , and diffring Original Mother-Tongs , with other Dialects , that are under the Dominions of the King of Great Britain : As also , Of the variety of Royal Recreations , number of Palaces , Forests , Chaces and Parks , which belong to the Crown , &c. THe greatest Antiquaries and Linguists that treat of Tongs , and of their Originals , do affirm that ther are eleven Maternal Tongs throughout all Europe , which are 1. the Greek , 2. the Latin , 3. the High-Dutch , Teutonick or German , 4. the Slavonian , which hath two Characters , both a Greek and Dalmatian character , which come neer the shape of the Latin ; Then ther is 5. the British or Welsh Toung ; 6. Irish ; 7. The Bascuence or Cantabrian , which is the reliques of the old Spanish , or Iberian toung ; 8. the Albanian , of a peeple who inhabit about the mountains of Epirus ; 9. the Hungarian , which came into Europe out of Asia with the Huns ; 10. Is that of Finland , neer to which is that of Lapland in the North of Sweden ; 11. Is that of the Cosacks , and Tartars . Of all these the Slavonian is of largest extent ; for it is observed that three and twenty several Nations speak it . Now , The French King hath not one Mother , and pure inde●… Toung spoken in all his Dominions ; they are but dialects , Languages or Speeches derivd from other Toungs : The purest French , which is spoken at Court , and upon the river of Loire , is but a dialect of the Roman or Latin Toung ; so is the Walloon , the Provensal , the Gascoon , the Limosin , and others : That of Bearn is but a Dialect of the Bascuence and Gascon ; That of Britany or Armorica is but a dialect of the ancient British continued so wonderfully in Wales after so many revolutions and changes of diffring Nations to this day . Indeed the King of Spain hath an old Maternal Toung under his Dominions , which is the Cantabrian or Bascuence ; all the rest are but several Idiomes or Dialects derived from the Latin , and inlayd with a multitude of Morisco words . The Castilian , the Portugues , the Catalan , the Valenciano , are Dialects of the Latin . But the King of Great Britain hath two pure ancient Mother-Toungs within his Dominions ; which is the British , or old Comraecan Toung ; And the Irish or Hibernian Toung , which are subsistent of themselfs , and have no derivation or affinity at all with any other Toung . Ther are six Dialects also spoken in his Kingdomes ; The English , which is a dialect of the Saxon or high - Dutch ; Ther is the Scotish , which is a sub-dialect of the English ; Ther is the Mankmen , or they of the I le of Man , which is also a sub-dialect of the Welsh . Ther is the Highlander or Redshank , which is a dialect of the British and Irish ; Ther is the Cornish , which is a dialect of the Welsh ; And the Language of Iersey and Gernsey ( the only remains that are left us of Normandy ) which is a dialect of the French. Now , It cannot be soberly denied but that it is an addition of Honour to the King of Great Britain to have more Mother-Toungs ( reservd yet in his Dominions , and as it were unconquerd ) then his two Neighbour-Kings . Touching variety of Palaces , and change of Royal Mansions , he may compare , if not out-go any of the other Kings : For within half a days journey of London he hath eight several Houses , and divers elswhere ; wheras the French King hath but the Louvre , Fountainbleau , Bois de Vincennes , St. Germain de Laye , and Madrid , a small ruinous pile of stones which Francis the first causd to be erected in commemoration of his captivity so many yeers in Madrid in Spain in a small Brick House , wherinto ther was a low little dore built by the command of the Emperour Charles the fifth , of purpose to make the King stoop when he entred ; which he observing , because he should not bow his head , went in backward , putting in his bum first . The King of Spain hath but his Palace , and La Casa de buen retiro in Madrid ; he hath Aranjuez with the Pardo between Madrid and the Escurial ; where he hath a Royal House , yet it is but a Cantle of a Monastery , t is but the handle of a Gridiron , which that great structure resembles , in memory of the Martyr St Laurence ; Philip the second having bin forced , for the advantage of avenues to batter down a Convent dedicated to that Saint a little before the battail of St Quinten , where he provd Victorious against the French ; and to perform a Vow he then made , he built the Monastery of Saint Laurence at the Escurial . Now , touching all the foresaid Palaces in France and Spain , Winsore-Castle may compare with any for Magnitude , Majesty and State ; As Sir Thomas Roe , who had bin Ambassador at the great Mogors Court , at the Seraglio of the Gran Senior , at the German Emperours , at the French , Polonian , Danish and Swedish Courts ; I say , Sir Thomae Roe did confidently and knowingly affirm , that Winsor-Castle may not only compare , but have the precedence of all the rest , in point of Grandeur , Majesty , Situation and Stateliness . Moreover , the King of Great Britain hath Lodges , and other places of plesure without number ; In regard of so many Forests , ●…haces and Parks that are annexd to the Crown . Touching Forests , ther is no Potentat on Earth hath so many , I may truly avouch . Now , a Forest is a Franchise of so Princely a tenure , that according to the Laws of England none but the King himself can have a Forest ; if he chance to pass one over to a subject , t is no more Forest , but a Frank Chase. A Forest hath peculiar Laws of her own to take cognizance of , and punish all Trespasses : A Forest hath her Court of Attachments , or Swainmote-Court where matters are as legally pleadable as at Westminster-Hall . The Hart , the Hind , the Hare , the Bore , and the Wolf , are Forest-beasts ; The Buck , the Doe , the Fox , the Matron , the Roe , belong to a Chace and Park . And all these kind of Recreations the King of Great Britain hath in so many Forests , wherof ther are in England ( besides thirteen Chaces , and seven hundred eighty one Parks ) these whose names follow alphabetically . Forests name . County . 1. Applegarth Ebor. N. Rid. 2. Arundel Sussex . 3. Ashdown . Susses . 4. Bear-Forest . Hamp . 5. Birnwood Buck. 6. Blackmore . Wilt. 7. Blethvay . Radnor . 8. Bowland . Lanc. 9. Braden . Wilt. 10. Buckholt . Hamp . 11. Cantselly .   12. Cardith . Caermar . 13. Chur. Hamp . 14. Charnwood . Leicester . 15. Chul . Wilt. 16. Coidrath . Pembr . 17. Copland . Cumb. 18. Dallington Suff. 19. Dartmore . Devon. 20. Delamere . Chesh. 21. Dene . Gloc. 22. Dereford . Salop. 23. Waterdown Suss. 24. Exmere . Devon. 25. Feckenham . Wigorn. 26. The Forest. Cardig . 27. Fromselwood . Somers . 28. Gaiternack . Wilt. 29. Gautry . Ebor. 30. Gillingham . Dors. 31. Hatfield . Essex . 32. Harwood . Salop. 33. Haye . Heref. 34. Holt. Dors. 35. Huckstow .   36. Inglewood . Cumb. 37. Knaresburg . Ebor. 38. Kings wood . Gloc. 39. Knuckles . Radnor . 40. Leicester . Leicest . 41. St. Leonards . Suss. 42. Lounsdale .   43. Lowes . Northumb. 44. Lune . Ebor. 45. Leyfield . Rutl. 46. Mallerstang . Westm. 47. Mocktry . Salop. 48. Narborth . Pemb. 49. Neroch . Som. 50. New Forest. Hamp . 51. New Forest. Ebor. 52. Peak . Derb. 53. Pewsham . Wilt. 54. Pickring . Ebor. 55. Radnor . Radnor . 56. Roscob . Card. 57. Rockingham . Northam . 58. Sapler .   59. Savernack . Wilt. 60. Sherwood . Notingh . 61. Selwood . Som. 62. Saucy . North. 63. Wabridg . Hunt. 64. Waltham . Essex . 65. West Forest. Hamp . 66. Westward . Cumb. 67. Whichwood . Oxf. 68. Winfield . Westm. 69. Whitehart .   70. Whittlewood . Northam . 71. Whitway .   72. Wyersdale . Lanc. 73. Winsore . Bark . 74. Wolmer .   75. Wood. Ebor. 76. Worth. Suss. 77. Wutmer . Hamp . This is the old number of Forests in England ( wherof a few , as Blackmore in Wiltshire , with others , are deforested ) which Forests cannot by the Laws be in any ones hands but the Kings ; and the reason is , because none hath power to grant a Commission for Justice in Eire but the King , which Iustice is to keep a Court evry three yeers once , but the Swainmoot-Court evry one yeer thrice . Forests were at first for the Kings Princely delight , Venery and plesure , meerd with unremoveable marks and boundaries ; And the old Law is , Omnis homo abstinent a Venariis meis super poenam vitae : It was capital to hunt in any of the Kings Forests without leave . Now , if one shold make the Perambulation of all France and Spain , he will not find half the number of Forests in both Kingdoms : And whether this be not a notable advantage to the King of Great Britain in point of Honour , let any unpassionat and sober-minded man determine . The Ninth Paragraph . Touching the Prudential Laws and Constitutions of Great Britain , relating to Prince and Peeple : As also , The Eminence and Variety of Honours which the King can confer , &c. VVHat the Arteries , Nerfs and Cartilages are to the Body Natural , the same are Laws to the Political ; they are the Ligaments of a Kingdom , which connect and tie all sorts of peeple , though of so many different humors , in one Goverment , and under one Souverain head . The Common Law of England , though in some things it differs from the Civil , by which most parts of Europe are governd , yet it hath the rationability and justness , the general notions and aym of the Civil Law , which is to preserve evry one in the possession of his own , and the Souverain Prince in honour , power and Safety . The main quarrel against it , is , that it wants Method , and that it is not reducible to any , or capable to be digested into such a Pandect as the Civil Law is . Wherunto it may be answered , That the Common Law of England hath for its grounds 1. Custome , 2. Iudicial Records , And 3. Acts of Parlement or Statuts . The two later being declarations of the Common or Customary Law of the Land , are methodizd and digested to order , as the book of Statuts , &c. whence the Sheriffs , the Justices of peace , and Constables , with other Officers , may learn their duties , and how to execut their places , and any subject els may know how to keep himself within the bounds of his obedience . But the Common Law of the Land consisting of Cases , Precedents and Judgments , as also of Immemorial and Uninterrupted Municipal Customs , which being no Written Things , Therfore it is no wonder that the professors therof have not bin so curious , to attempt hitherto the Methodizing of that Art which consists most of Custom and Usage ; yet fair Essays are made daily for better retaining the same in memory , by putting particular Cases under general Rules , wherof ther are divers Volums frequently publishd of late yeers . Now , the Laws of England look two ways , either upon the Souverain Prince , or upon the peeple : Touching the later , ther is no Law upon earth so careful and tender of a mans life ( or livelihood ) be he the meanest subject under the Crown , as the Common Law of England is : For wheras in other Countries a single Judge and Witness may take away ones life ( or estate ) wherof the one may be subornd , the other corrupted ; t is not so in England , but besides Witnesses and Judges , ther be two sorts of Iuries , one the Grand Inquest , which consists of twenty four Gentlemen , or able Freeholders , to consider by a previous consultation of all Bills of Inditement to be preferd to the Judicial Court , which upon strict examination they either approve , and transfer to the Court by writing upon the Bill , Billa vera ; or they disallow it by writing Ignoramus . Such causes as they approve , if they concern Life and Death , are further referrd to another Iury to consider of , because the case is of such importance ; but others of lighter moment , are upon their allowance fined by the Bench without more ado , Except the party traverse the Inditement , or chalenge it for insufficiencie , or remove the Cause to a higher Court by a Certiorari , in which two former cases it is referrd to another Jury , and in the later transmitted to a higher ; and presently upon the allowance of this Bill by the Grand Inquest , the party is said to be Indited ; but such as they disallow are deliverd to the Bench , by whom they are forthwith cancelld or torn . The Indited party being to stand afterwards at the Bar , and desiring to be tryed by God and his Country , ther is a Petty Jury empannelld of Twelve , who bear the publick repute of honest men ; and the Law of England is so indulgent of life , that the prisoner may challenge or except against any to such a number ; and withal a Butcher , who is inurd to bloud and slaughter , is incapable by the Law to be a Jury-man for life . So the said Jury , after a strict and painful examination of the Fact , with all the least circumstances therof , deliver their Verdict according to their consciences , wherby the Judg doth acquit or condemn the party according to the quality of the offence : nor can any pecuniary Mulct satisfie for the life of any , as it is in other Countries . And as the Common Law of England is thus so tender of humane life , so it is as cautious , indulgent and careful of the livelihood and propriety of the meanest subject in the Land , which in case of controversie is done also by Jury , and put home to the Consciences of twelve indifferent good men , and not left only to the breast and opinion of any one Judge , be he never so learned , and incorrupt . The English Law likewise favors Widows and Orphans , and the poor have Counsel appointed them gratis , &c. It appeers out of the premisses what a great regard the Common Law of England , the Lex Terrae , hath to the lifes and properties of the peeple in point of Justice . Now in point of Reverence and Loyalty to the Souverain Prince ( which is more pertinent to this disourse ) ther is no Law hath higher regards likewise that way , nor also to his honour and dignity , to his welfare and safety , to his Royal Prerogatives and glory , which Prerogatives intrinsecally stick , and are inherent in the Crown , yet are they , and the Liberties of the Subject determined , and bound by the Law. The Laws of England make the King their Protector ; and reason good , for they are his own Productions , t is he that puts life into them ; They bear such reverence to his person , that in his Presence none can be seizd , or violently layd hands on , or arrested , his very presence being a Protection for the time : He who giveth but a blow to any in his Court , the Law adjudgeth him to loose his Right hand . The Law sayth that the King hath his Title to the Imperial Crown of Great Britain , and to his Kingly Office and power , not as a fiduciary thing conveyed from the peeple , but by inherent birthright , and inalienable heritage immediatly from God , from Nature , and from the fundamental Constitutions of the Land : He hath not only Ius paternum , a paternal power over his subjects , but Ius despoticum & herile : he hath dominion over them , which Dominion is devolvd upon him gratiâ Dei , by Divine dispensation and favour . Ther is no Alleageance or Fealty due to any other power but to the King. The Law is so careful of the sacred person of the King , that it reacheth unto the very thoughts , and restrains them from machination of any evil against him : For the Law says it is Treson to Imagine mischief against the King , much more to attempt , act and execute it . The Common Law of England makes the King the Supreme and independent Governour , And all other persons derive their power and authority from him , either by his Royal Writ , Patent or Commission . The Law presupposeth that he sits not only at the Kings Bench , but in other Courts of Judicature ; for the Writs go , Teste meipso : And because the Law sayth that the King must govern in Mercie and Justice , the sole power of Pardoning is in Him. Moreover , the power of Coinage is only in the King , with the enhancing or decrying the price of money : He is the sole Gran Master of the Mint ; wheras in France others partake with the King in this high Prerogative : Nor doth any Kings Face shine in purer Metal ; for it shines onely in pure Gold and Silver , and that of the finest Standard , Mixture and Allay of any in Europe : wheras I have seen and felt the face of the French King in Copper and Brass , with other mixt mongrel stuff ; As also of the King of Spain's , though he terms himself the Monark of Gold and Silver Mines ; yet the common currant Coyn twixt Merchant and Mechanick is Copper , wherin the Hollander by his cunning hath done him a world of mischief from time to time , by counterfaiting that Copper Coyn , and ●…oysting it in by divers artifices ; as in a ship laden with Lead and Tin , ther wold be somtimes divers Sows of Lead hollowed and crammd with quartils , as also in hollowed Masts , with other inventions ; Insomuch that one time , when all the Vellon or Copper Coin was calld in , and a scrutiny made how much had bin coynd , ther were many millions more found to be brought in , and counterfaited , then had bin stampd in the Kings Mint . By the Common Law of the Land , the King of Great Britain hath three Royal Ensignes which cannot belong to any other : He hath the Crown , the Scepter , and the ( Polemical ) Sword , ( as I have mentiond in another Treatise , and is proper to touch here . ) By the first , He reigns ; by the second he makes Laws ; by the third , viz. the Sword , He protects them . Concerning the Crown , or Royal Diadem , the Laws of England assert , that it descends upon his head by a right Hereditary line , though through d●…vers ancient Royal Races , wherof some were Conquerors . The Crown is His , as much as any mans Cap 's his own ; And ther is no Crown stuck with fairer Flowers , I mean Royal Prerogatives , wherof divers were spoken of before . Concerning the Scepter , it may be calld an Individual Copartner , or a Royal Appendix to the Crown : It doth capacitate the King to Enact Laws : for before his Assent , all the Results and Determinations of Parlement are but Bills ; they may be said to be but abortive things , and meer Embryos ; nay , they have no life at all in them , till the King by his breath infuseth vigour and animation into them ; and the ancient Custom was for the King to touch them with the Scepter , then they are Laws , and have a virtue in them to impose an universal obligation upon all sorts of peeple . Now , it is an undeniable Principle of the Law of England , That nothing can be generally binding without the Kings Royal Assent , nor doth the Law take notice of any thing without it : This makes Them to be calld afterwards the Kings Laws ; and the Judges are said to deliver the Kings Iudgments : nay , he himself is always Lord Chief Justice of England , which Title is not assumable by any Subject . Now , before an English Law is made , ther is mature and mighty long deliberation goes before : for first the business is agitated and canvasd many days in the House of Commons ( which represents all the peeple of England ) till it comes to the ripeness of a Bill : The Bill being drawn , is read thrice in the House ; and having passd the brunt of all Exception , t is engrossd and transmitted to the Lords ; and there also t is read thrice , and debated with much deliberation : Then by concurrence of both Houses t is presented to the King , who consults with his Learned Counsel whether ther be any thing therin derogatory to his Prerogatives : if not , He gives his Royal Assent , and then t is created a Law , and generally binding . Touching the power of the Sword , it is more proper to treat of it in the next Paragraph . Moreover , the Lex Terrae , the Common Law of England makes the King the Fountain of Honour ; nay , without any disparagement or offence be it spoken , He can confer Honor upon other Kings , and Souverain Princes , as he is Souverain of the Order of Saint George , wherof ther have bin eight Emperors ; five Kings of the French , four of Spain , seven of Portugal , two of the Scots , four of Denmark , three of Naples , one of Poland , and another of Sweden ; two Dukes of Urbine , one of Millain , one of Ferrara , one of Savoy , one of Calabria , one of Holland , one of Gueldres ; four Princes of Orenge , seven Counts Palatin of the Rhin ; two Dukes of Brunswick , two of Holstain , one of Brandenburgh , and one Duke of Wittenberg , with divers other Forren Princes . Now , among all Orders purely Military , ther is not any now remaining in the Christian world , either more ancient or honorable then the Noble Order of Saint George , wherof the Garter is a Symbole ; therfore are they calld Equites periscelidis , Knights of the most Noble Order of the Garter ; which Order was first instituted by that Victorious King Edward the third , ( who was offerd to be Emperour ) Anno 1350. which was threescore yeers wanting one before the Institution of the French Order of S. Michael by Lewis the eleventh ; and 229 yeers before the Order of St. Esprit by Henry the third ; and full fourscore yeers before the erection of the Order of the Golden Fleece by Philip Duke of Burgundy : It is also 209 more ancient then the Order of the Knights of the Elephant , which was devisd by the Kings of Denmark ; and much more then that of Amaranta excogitated by Sweden , &c. Now observable it is , that among all these Orders , l'ordre del toison d'or , the Order of the Golden Fleece related to the English Wools which were transported to Flanders by our Merchants , wherby all the Provinces adjoyning did so infinitly enrich themselfs : And this Order of the Golden Fleece , as it is one of the highest Esteem , so it hath most affinity with our Order of St. George in point of Regulation , as also that ther are so few of it . For our Order is accounted far the Nobler , because it hath constantly kept it self to the same number of Knights , viz. 26. since the primitive Institution ; wheras the French Orders have multiplied so fast in number of Knights , that one said the Order of the French Knighthoods are now become Collers for every Ass to wear about his neck . And as this high Order of St. George hath the precedence of all other now worn by any King , in point of Antiquity ; so the ground and designe of it was very Noble : For when the first Idea of erecting a new Order of Knighthood entred into the head of the foresaid Heroick King Edward the third , his thoughts reflected upon King Arthur , who indeed was the first founder of Knighthood not only among Christians , but of any other Nation upon earth , As also the first King who gave Royal Arms , His Coat being Azure , nine Crowns Or , marshalld 3. 3. 2. and 1. Afterwards the Saxon Kings gave Arms ; And Edward the Confessors Coat was Azure , a Cross patence between four Martelets Or. And as King Arthurs Round Table , which is yet to be seen at Winchester , had seats for twenty six Knights ; so it seems King Edward proportiond his number . Now , the occasion of it was , That he having resolvd upon a War with France for attaining that Crown , which was due unto him by his Mothers side , He conceavd it advantageous to invite and engage to his party such as were of a Martial spirit , And to that end erected a round Table at Windsore , in imitation of King Arthur , where they were entertaind with Tilts and Tournements , magnificent Feasts , and other Princely ways to unite and encourage them . Philip de Valois , who was in possession of the Crown of France , went about to countermine him by erecting also the like Table in his Court , and so drew many gallant and adventurous spirits that way , and some out of England ; so that King Edward not finding this designe answerable to his mind , he fell on another , such as might prove more adherent and binding unto Him ; to which end he establishd this high Order of Chivalry consisting of twenty six persons of eminent note , wherof He Himself and his Successors Kings of England were to be perpetual Souverains : All of them were to be men of Heroick parts , and such as shold be obligd by Oath and Honour to adhere unto Him upon all occasions ; which might be the probablest cause that he made the Garter for a Badg therof to be fastned about the left leg with a Buckle of Gold to be continually worn ; therfore are They stild Equites Periscelidis , ( as was touchd before ) which hath its Etymologie from the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , Crura ambiens , girding about the knee ; which al●…udes that those Knights shold be bound in one League and Confederation of love and affection severally one unto another , and all of them in joynt service to the Souverain . Some ther are who are of opinion , that the Garter was given because that in a Battle where King Edward provd Victorious , he had given the word Garter for a Signal : Others in a derogatory way wold ground it upon the Countess of Salisburies Garter falling off from her in a dance , and so taken up by the King : But the Black Book in Winsore ( which deserves most faith in this point ) gives the first Reason for it . Among other Laws that were enacted in the Chapter when this Order was first raysd , one was , That evry Knight by solemn Oath upon the Evangelists was sworn to defend the Honor and Quarrels , the Rights and Lordship of the Souvrain , &c. Such a Sacramental Oath the Knights of the Bath also take , which is , To love their Sovrain above all earthly cretures , and for his right and dignity to live and die , &c. Therfore , I have often stood astonishd at the largeness of the consciences of some Knights of both these Orders , who besides other astringing Oaths , as those of Allegeance , Supremacy , &c. could dispense with them All in the late Rebellion so far , as not only not to adhere to their Sovrain Liege-Lord and King , when his life was sought for by small and great Shots , with other instruments of open hostility and slaughter , but to appeer for , to serve and stick unto the contrary party all the while : Truly under favor , I wold ▪ be-loth to exchange souls with them . We will put a period to this Discours of the ancient Noble Order of St. George with a signal observation of Bodin's : Decretum fuit in Collegio Equitum Periscelidis in Anglia ponere stemmata Regis Francorum ante caetera omnia post Principem Ordinis : It was decreed in the College of the Knights of the Garter in England , to put the Stems of the King of the French before all other except the Prince of the Order . And the reason I conceive was , that Philip the second whiles King of England was formerly put before . But Bodin was herin deceavd , for the Emperours Arms ( wherof ther have bin eight of the Order ) go before , and have the precedence . Out of the premises may be deducd this cleer Conclusion , as a Meridian Truth , that the Common Law of England in all things ayms at the Honour and glory , the power and authority , the Safeness and incolumity of the Sovrain Prince , more then the Laws of any Country : And wheras we had some touches before , how the Common Law , which is peculiar only to England , hath the rationability of the Civil Law , though not so digested to Method , in regard it consists most of Custom , Cases and presidents ; we will conclude this Paragraph with some principles wherin they both agree ; As , Actori incumbit onus probandi , The proof lies on the Accuser : Nemo oportet esse sapientior legibus , No man ought to think himself wiser then the Laws : Ubi lex non distinguit , ibi non est distinguendum ; We must not distinguish where the Law doth not : Accessorium non ducit , sed sequitur suum principale , The Accessory doth not lead but follow the principal : Volenti non fit injuria , No wrong can be done to him who is willing : Agentes & Consentientes pari poena plectuntur , Actor and consenter are to be punished alike : Apices Iuris non sunt Iura , The punctilios of the Law is no Law : Nemo potest esse Iudex in propria causa , No man can be Judge in his own cause : Caveat Emptor , Let the Buyer beware : Contraria allegans non est audiendus , Who alledgeth contraries is not to be heard : Cujus est dare ejus est disponere , The Giver may dispose of his gift as he pleaseth : Quilibet in Arte sua est credendus , Evry one is to be believed in his own Art : Potestas derivativa non potest esse major primitiva , A Commissioner cannot have greater power then He who gave him the Commission : Dies Dominicus non est Iuridicus , The Lords day is no day of Law : Dormit aliquando Lex , moritur nunquam , The Law may sleep a while , but never die : Dilationes in Lege sunt odiosae , Delays in Law are odious : Facinus quot inquinat aequat , All are principals in a crime : Generale nihil certi implicat , No certitude can be had out of generals : Ignorantia non excusat Legem , Ignorance of the Law doth not excuse the breach of it : Lex non cogit ad impossibilia , The Law doth not tie us to impossibilities : Lex est summa Ratio , The Law is the highest Reason : Lex citius tolerat privatum damnum quàm publicum malum , The Law tolerats a privat damage rather then a publick : Mala Grammatica non vitiat Chartam , False Latin doth not destroy a Deed : Linea Recta semper praefertur transversali , A right Descent is always preferrd before a Collateral in kinred : Nemo debet his puniri pro uno delicto , No man is to be punishd twice for one offence : Nemo potest plus juris in alium conferre quàm Ipse habet , No man can transfer a greater power to any other , then he hath himself : Nemo tenetur prodere seipsum , No man is bound to betray himself : Omnia quae movent ad mortem sunt Deo danda , All things which cause death are forfeit to God : Qui non habet in aere , luat in corpore , Where the purse cannot , let the body suffer : Qui peccat ebrius , luat sobrius , Who offends when he is drunk , let him be punishd when he is sober : Qui sentit commodum , sentire debet & onus , Who receive the benefit , ought to feel the burden : Quod semel meum est , ampliùs meum non est , That which was mine , is none of mine : Stat praesumptio donec probetur in contrarium , A presumption stands till the contrary be provd : Ubi non est principal is ibi non potest esse accessarius , Where ther 's no principal ther can be no Accessary : Unumquodque dissolvitur eo ligamine quo ligatur , Evry thing is untyed as it is bound : Par in parem non habet Imperium , Equals cannot command one another : Nemo dat quod non habet : No man can give that which he hath not : And this doth hold also in Heraldry ; therfore the Knighthoods ( with other Honors ) that Cromwel was so free to confer , are void in Law , because he was never Knight himself . By these few Principles , with multitudes more , it appeers that the Common Law hath much affinity with the Civil ; wherof ther are as learned Professors in England as any where els . Whence it may be inferrd , that the King of Great Britain is supplied with more helps for the administration of Justice then any Nation in the world besides . For in regard that England is an Iland having such a great Trade at Sea , and so great dealing with divers other Nations ; Having also besides Land-matters both Temporal , Ecclesiastical and Maritime , which are not so proper for the Common Law , He allows of the Civil Law answerable to the quality of the Case , which hath bin practised in England beyond the memory of man , or the reach of any Record . And though ther happen oft some Emulations and high Contests betwixt these two Professions , yet such hath bin the prudence of the Souvrain Prince to keep them both in as equal a Balance as could be , and not to suffer the one to insult or encroach upon the other , but to have the same freedom of study and practice to the universal good of Forreners , as well as of his own Subjects . And so much concerning the National Law , and Prudential Constitutions of England . The Tenth and last Paragraph . Touching the greatness of Power , of Military Might and Puissance by Land and Sea , as well Defensive as Offensive , &c. of the King of Great Britain . THe Duke of Rohan in his Book calld Les Interests des Princes , The Interests of Princes , saith , that England is like a great Animal that cannot die unless he kill himself . He acknowledgeth Her also to be Latroise●…e Puissance , the third Power of Christendom : But by the Arguments that shall be producd in this Paragraph , I believe it will appeer to any discerning and unbiassd . Reader that England , taking her Kingdoms annexd along , with her strength at Sea as well as shore , will be inferior to none . Ther was a Comparison made long since , That Gallia & Hispania sunt quasi lances in Europae libra , & Anglia est lingula sive libripendens ; That France and Spain were as the Scales of the great Balance of Europe , and that England was the Toung or Beam of the Balance , which keeps it in aequilibrio , in an even counterpoise , that neither side shold be trab●…ccant . This hath bin often verified , specially in the Raign of Henry the eighth , whose Motto was , Cui adhaereo praeest , He to whom I adhere prevails . He wold somtimes make Francis the first to weigh down , somtimes Charles the fifth : And touching the former , He acknowledgd King Henry under God to be the chiefest Deliverer of Him and his Children from his captivity in Spain ; And so likewise did Pope Clement , when he was freed from the Castle of St. Angelo , where Charles the Emperour had coopd him up , Therfore was Henry of England calld Liberator Orbis by the whole Confistory at Rome , as he was before Protector of the great Clementine League , And indeed the Arbiter of all Christendom in his time . Touching the Martial Might of the King of Great Britain , we will first examine that of England , which we must distinguish into Intrinsecal or Terrene , And into Extrinsecal or Maritime . Concerning the first , ther are five Counties alone can put into the Field fourty thousand men , all armd ; for so many are listed in the Muster-makers Book as Traind-Band-men , viz. the County of York 12000 ; Kent 8000 ; Norfolk , 〈◊〉 and Devonshire above 6000 apiece ; And the rest of the Counties , whereof ther are fourty seven , may have twice as many at least ; which come to a hundred and twenty thousand Soldiers e●…olld , and ready upon all occasions either for general service , or privat in the Counties where they are , for assisting the Sheriff and other Officers in the execution of the Law , in case of any resistance ; therfore are they calld Posse Comitatu●… . The power of the County . So that in time of peace England alone hath an hundred and twenty thousand Soldiers enrolld , besides those in Ireland and Scotland : And in time of War , the late bloudy Rebellion ( bleeding yet in the purses and estates of many thousand poor Cavaliers ) hath sufficiently tryed the strength ( and wealth ) of England : For ther was a computation made at one time of those that were in actual Arms for King and Parlement , and they came to neer upon two hundred thousand fighting men under Commission , wherof ther were about fifty thousand Horse and Dragoons : And I do not remember to have read that in the time of the famous Ligue in France ther were so many , take in strangers and all . Hence we see that the King of Great Britain may be said to have a constant standing Army in time of peace , of which he hath the sole disposing : For the Sword is his as much as the Scepter and the Crown , which are inalienable from his power , and incommunicable to any other but by his Royal Commissions : And indeed t is the Sword that makes all Kings powerful ; The Crown and the Scepter are but impotent , and poor unweildy things ; they are but naked Indefensible badges without it . Ther 's none so filly as to think ther 's meant hereby an ordinary single sword , such as evry one carrieth by his side ; Or some Imaginary thing , or Chymera of a sword ; No , t is the publik Polemical Sword of the whole Nation ; It may be calld an Aggregative or compound Sword , made up of all the Ammunition , the Artillery , Pikes , Muskets , Helmets , Headpeeces , with all kind of armes small and great ; It reacheth to all the Military strengths both by Land and Sea , to all tenable places , as Castles , Forts , Bulwarks , within and about the whole Iland : The Kings of England have had the sole power of this Sword , and the Law gives it them by vertue of their Royal Signory from all times : The very Law doth gird it to their sides ; They employ it for repelling all Forren force , For vindicating all Forren wrongs and affronts , For suppressing all intestine Tumults and Rebellions , And to protect and secure the weal of the whole Body politick . The peeple of England ( represented in Parlement ) were never capable to manage this Sword , the Fundamental Constitutions of the Country flatly denieth it them ; This Sword is fit only to hang at the Kings side , as the Great Seal hangs at his girdle , being as it were the key of the whole Kingdom : and it is recorded of the Emperour Charlemain , that he carried his Great Seal always embossd upon the pommel of his Sword ; which signified that he was ready to make good and maintain what he had Seald . Now , to let the Peeple have the Sword , is to put it into a Mad-mans hand : And one of the pregnantst Forren examples to prove this , is that notorious Popular insurrection in France calld La Iaquerie de Beauvoisin , when the Peasans and Mechanicks had a designe to wrest it out of the Kings hand , for to depress all the Peers and Noblesse of the Kingdom : and the Rebellion had grown to such a strength , that it was like to take effect , had not the Prelats and Churchmen stuck close to the King and the Nobility : but afterwards , poor hare-braind things , they desired the King upon bended knee to take the Sword again . The Civilians , ( who in all points are not so great frends to Royalty as the Common Law is ) assert , That ther are six Praerogatives which belong to a Souvrain Prince : 1. Armamenta Army : 2. Potestas Iudicatoria , power of Judicature : 3. Potestas vitae & necis , power of life and death : 4. Bona adespota , masterless goods : 5. Census , the numbring of the people : 6. Monetarum valor , the raising or abating the value of the publick Coyn. Among these Regalias we finde that Arming , which in effect is nothing els but the Kings Sword , is one , and as I said before , t is as proper and peculiar to his Person , and to be soly on his side , as the Crown on his Head , or the Scepter in his hand , and of greater importance then either : For by those two he draws only a voluntary love , and an opinion from his Subjects ; but by the Sword ( as threed thorow a Needles eye ) he draws a Reverential Fear and aw . Now , these two mixd with the other , are the best Ingredients of Government . With the Sword he confers Honors , as dubbing of Knights , &c. From this Sword all the chiefest Magistrates have their authority ; The Lord Deputy of Ireland , the Lords Mayors of London and York have their Swords by deputation from Him ; and when he entreth any place Corporat , the first thing which is presented unto him is the Sword. Nor doth the point of this Sword pass thorow the diameter , and reach only to evry corner of his own Dominions , but it extends beyond the Seas , as well to preserve his Subjects from oppression , and denial of Justice , as to vindicat publike wrongs and affronts , to make good the Interests of his Crown , as also to assist his Confederats and friends . And this publick Sword is so inseparable from him , that by the Law of the Land he cannot ungird himself of it , or transfer it to any other ; for that were to desert the protection of his peeple , which is point blank against his Coronation-Oath , and Office. Therfore the very Proposition it self , that the Long Parlement made to his late Majesty to have the Militia passd over unto them , was no less then High Treason : for nothing could be more derogatory to his Kingly Honor , which they had protested so solemnly to maintain by their so many publick Instruments and Oaths . We proceed now from the Rural Power , or Country-campane of the King of Great Britain , to his Oppidan Strength ; And first of his Court at Westminster , where ther are 200 goodly tall men of his Gard ; Then he hath a Band of Pensioners , who are Gentlemen of quality and wealth . Moreover , he hath 3000 Foot , and 1000 Horse , for his Life-Gard , besides divers Garisons in sundry Towns. And now we make our entrance into the City of London , that huge Magazin of Men and Might ; A City that may well compare with any in France or Spain not only for Power , but for any thing els , and in some particulars may haply go beyond them , and deserve a Precedence , as shall be shewd . Nor doth this Power extend only to her own Self-protection , but it may be made use of for any part of the Kingdome upon any Civil Insurrection , or otherwise , as it shall please the Sovrain Prince ( and no other whatsoever ) to employ it . The City of London is like a fair Quiver of keen strong Arrows for the King to draw forth upon all occasions , for his own and his peeples preservation : For besides twelve thousand choice gallant Citizens in London and Westminster , with the Hamlets of the Tower , who are enrolld , and always ready , and have their Arms fixd for Honor and Defence , ther may be , as appears by divers Censes and Computations which have bin made , about two hundred thousand choice able men raisd for service if necessity requires , and the City will scarce sensibly miss them ; nor are Seamen , Mariners and Water-men meant to be of this number . The Kings of France and Spain , I may well avouch , have not any such Town or City : That which is most capable of comparison with London is Paris , for which she hath many advantages , for she is a Cité , Ville and Université , she is a City , a Town and an University , as also the chiefest Residence of the French King. But le ts go a little to particulars , and first to the Populousness of both Cities . They say that the Parishes of St. Eustace and St. Innocent which lie about the centre of Paris , have above one hundred thousand Communicants in them alone ; and that by the last Cense which was made , ther were neer upon a million of humane Souls in City and Suburbs , wherof the sixth part are made up of Strangers and Church-men , which the King cannot make use of upon Military occasions : But look a little forward it will appeer that London hath above a Million of souls . For largeness and magnitude t is tru , that Paris hath the advantage of an Orbicular Figure , which is most capacious of any : But by the judgment of those Mathematicians who have taken a survay of both Cities , if London were cast into a Circle she wold be altogether as big as Paris . Touching publick Buildings , t is tru , that the Louvre is a vast Fabrick , and the like is not found in London ; but t is the only Court the French King hath in the City , wheras in London ther are four Royal Seats , with two Parks annex'd to them . I hope the Bastille will not offer to compare with the Tower of London , nor the River of Seine with the Thames ; much less I believe will Paris offer to make any comparison with London in point of Traffick , and Societies of Noble adventuring Merchants , who trade on both sides of the earth as far as the Antipodes ; And divers Kings have been of their Corporations . Nor will the Provost of Paris I think offer to compare with the Lord Mayor of London , being the prime Man in England upon the decease of the King until another be proclaimed . The City of London hath divers other advantages not only of Paris , but of any other City of Europe take them all together ; which for a more methodical proceeding we will particularize as they are found in my Londinopolis ; which being so proper to this Paragraph , I thought fit to insert here , and being well considered , it will be found that London need not vail to any City under the Sun. 1. For conveniency of Situation , and salubrity of Air. 2. For strictness of Government both Nocturnal and Diurnal . 3. For the Magnificence of the Chief Magistrates . 4. For Regulation of all Trades Domestik and Forren . 5. For variety of Professions and Artisans . 6. For a greater number of Corporations and Halls . 7. For plenty of all provisions that Air , Earth or Water can afford . 8. For Springs , Aqueducts , and other conveyances of fresh wholsome Waters . 9. For Universality of Trade , and Bravery of the Adventurers . 10. For solidity and richness of Native Commodities . 11. For Artillery , Ammunition , Docks , and a number of Military and stout well-arm'd Citizens . 12. For an ancient and glorious large Temple . 13. For an admirable mighty great Bridge . 14. For a noble and straight Navigable River . 15. For a cheerful and wholesome green circumjacent Soyle . 16. For Hospitality and Festival publik Meetings of Corporations , and other Societies to increase love , and good intelligence between Neighbours . 17. For all sorts of Boats by Water , and number of Coaches by Land for the accommodation of Passengers . 18. For sundry kinds of Reliefs for the Poor and Lame . 19. For various kinds of honest corporal Recreations and Pastimes . 20. For the number of Humane Souls . T is confessd that many of these conveniences may be found in other Cities , which taken singly may exceed London in some ; but take them all together she may vie with the best of them , and run no great hazard . Concerning the first advantage , which is convenience of situation , and salubrity of Air , the wisdome of the old Britains our Ancestors is to be much commended for the election of the place in point of the benignity of the Hevens , with the temperature and influences therof , wherin London is as happy as any other City under the Skies . Some hold that that City is best situated which resembleth a Camels back , who hath by nature protuberancies and bunches ; so a City shold be seated upon small Hillocks or rising Grounds : It is just the posture of London , for she is built upon the sides , flanks , and tops of divers small Hillocks lying neer the banks of a great Navigable River , being incompassd about with delightful green Medows and Fields on all sides : She is at so fitting a distance from the Sea , that no Forren Invasion can surprize her but she must have notice therof . The quality of her soyle is Gravel and Sand , which is held to be the wholsomst for habitation , and conduceth much to the goodness of the Air , though it useth to be barren : but that barrenness is remedied by Art and Composts , insomuch that round about the City , within the distance of a mile or two , one may behold two or three thousand milchd Cows a grazing evry day of the week , besides number of other Beasts . Touching the second advantage , which is a strict and constant cours of Government , ther 's no place goes beyond Her , or indeed can equal Her , take night and day together . And wheras in Paris one dare not pass the Pont-Neuf , with any place els , after Ten a clock at night without danger , one may pass through London-streets as safely as in the day time ; ther being Constables and their Watch up and down to secure Passengers : yet they must give good account of their being abroad so late , ther being strict Laws against Noctivagation . Touching the Magnificence , Gravity , and State of the chief Magistrate , neither the Pretor of Rome , nor Prefect of Milan ; neither the Procurators of St. Mark in Venice , or their Podesta's in other Cities ; neither the Provost of Paris , or the Mark-grave of Antwerp , or any other Oppidan Magistrate goes beyond the Lord-Mayor and Sheriffs of London , if one go to the variety of their Robes , somtimes Scarlet richly surrd , somtimes Purple , somtimes Violet and Puke . What gallant Shows are therby Water and Land the day that the new Lord-Mayor is sworn ! What a huge Feast and Banquet is provided for him ! Touching the Regulation of all sorts of Trade , and Laws for the improvement therof , the City of London hath not her fellow . Touching variety of Artisans , London abounds with all sorts . T is tru , that mingling with Forreners hath much advantagd her herin : But those strangers themselfs confess that the English having got an Invention , use to improve it and bring it to a greater perfection . Touching Corporations , Halls , Fraternities , Guilds , and Societies , London hath not any Superiour ; witness the twelve great Companies , out of which one is elected yeerly to be Lord Mayor , with threescore several Companies of Citizens besides . And touching all sorts of Opificers , and variety of industrious ways to improve all kinde of Manufactures , and therby gain an honest livelyhood and proportion of Riches , London may be calld ( as Luca is in Italy ) a Hive of Bees , or a Hill of Ants , which have always been accounted the Emblemes of Industry and Providence . Touching abundance , and plenty of all kind of Provisions , as Flesh , Fish , Fowl , Fruits , Fuel , variety of Drinks and Wines , with any other Commodity that may conduce to Plesure and Delight as well as to supply Necessity , London may glory to be as well servd as any City under Heven . A knowing Spaniard said , that he thought Eastcheap-shambles alone vended more Flesh then is spent one week with another in all the Court of Spain . Gascon Wines drink better in London then at Bourdeaux : Canary Wines better then at Lancerote : Rhenish Wines better then at Backrag . Nor doth London abound with all things for the Belly alone , but also for the Back , either to keep it warm , or make it gay . What varieties of Woollen Stuffs are found in evry Shop ! What rich Broad-Clothes ! some being wrought to that height of perfection , that some have been made of Ten pounds a Yard in price . But our unlucky English-Schismatiques pretending to flee for persecution of conscience , have set up their Looms , and shewd the Hollanders the way , to the great detriment of their own Country . Concerning wholsome sweet Springs , and cleer Waters , London may be said to have as good Blood running through her Veins as any other , by those Aqueducts , Conduits , and conveyances of fresh Waters round about to serve for all Uses . What an Herculean work was that of Sir Hugh Middletons to bring the River of Ware threescore miles by Compasses to run through her streets , and refresh her houses , as also to preserve them from firing ! for which ther are divers ingenious useful Engines besides . Concerning Universality of Trade , ther is no City upon the surface of the earth goes beyond Her ; For ther are no Seas that any of the two and thirty winds blow upon from the Artik to the Antartik Pole , from the Orient to the setting Sun , but London by her Navigations findes them out , and makes rich returns by way of Barter or Emption . Touching solid and useful Wares that she hath of her own , what a substantial Commodity , and of what high esteem all the world over is her Cloth , her Kersies , and divers kinds of Woollen Manufactures ? Adde herunto her Lead and Tin , which she transmutes to Forren Gold and Silver . For Healthful Corporal Recreations , and harmless Pastimes , London may go in the Van to any place that ever I saw : Go and walk in her Fields , you shall see some shooting at long Marks , some at short ; some bowling upon cheerful pleasant Greens , some upon Bares and Alleys ; some wrastling , some throwing the Bar , some the Stone ; some Jumping , some Running ; some with their Dogs in Duck-ponds , some at a Bear-baiting , some at the Bull ; some Riding upon Naggs , some in Coaches to take the fresh Air ; some at Stool-ball , others at Kittle-pins ; with variety of other . For a stately Cathedral Temple , and general Dome of Devotion , the time was , and I hope will be yet within a few years , that London did not yeild to any City in this particular ; Saint Pauls Church being esteemd by all Nations to be one of the eminentst & visiblest Temples , one of the most glorious piles of stones that ever was reard , taking all the Dimensions together , with the conspicuous site thereof , being about the centre of the City , and upon a rising Ground . She hath also this singular property to be founded upon Faith , by having a large Parish-Church of that name supporting her , and directly under her Chancel . Touching a rare huge Bridge , and Navigable River , London is not inferiour to any other City whatsoever . Concerning the first , what a rich Rent hath it to preserve it self yearly ! what a vast Magazin of Corn is ther always in the Bridge-house against a Dearth ! ( as well as in many other places . ) What a number of Officers look to the reparations therof , and are hansomly maintaind therby ! Touching the second , viz. The River of Thames , she hath not her peer , if regard be had to the length and straightness of her cours running from West to East , without so many Meanders as other Rivers have ; Her convenient distance from the Sea to prevent all Surprisals ; The Amoenity of the Soyle on both Banks ; The wholsomness of her water , which makes the best Beer in the world , being so much transported by other Nations , and sold as dear as Wine ; The diversity of her Fish , the fatness of her Mudd , &c. For number of Humane Souls in City and Suburbs , London is nothing inferior to Paris , whose last Cense , as is said before , came to about a Million : But in the year 1636. command being sent to the Lord Mayor to make a scrutiny what number of strangers were in the City , he took occasion therby to make a general Cense ; And ther were of Men , Women and Children neer upon seven hundred thousand that livd within the Bars of his Jurisdiction . And this being 27 years ago , t is thought that London hath since more by the third part in all probable conjecture . Now for Westminster , the Strand , Bedford Berry , St. Martins-lane , Long-acre , Drury-lane , St. Giles of the Field , High Holborn , with divers other thick-peepled places which are so contiguous , and make one entire peece with London it self , I say take all these Buildings together , the forenamed number of Seven hundred thousand may well be thought to be double so many . Touching the shape of London , I find nothing to assimilat it unto more properly then to a Lawrel Leaf that is far more long then t is broad , which may be a cause she doth not appeer so populous as Paris , her passengers not encountring so often as they wold if she were of a round Figure . Touching her length , take all Buildings that are adjoyning one to another from the utmost point of Westminster to the utmost point beyond the Tower , she may be well thought to be five Miles long , about half so much in latitude , and in Circuit about twelve Italian miles . To conclude , touching the Defensive and Offensive Power of the City of London in point of Arms of all sorts , of Artillery , Ammunition , Arsenals , and Docks on both sides the River , Her Traind Citizens and expert Firelocks , neither France or Spain hath her equal . It is recorded that in King Stephens Raign the City of London raisd 60000 Foot , and 20000 Horse : how many more were she able to do now in case of necessity ? For to compare her in statu quo nunc to what she was then , were to compare a Giant to a Dwarf in point of proportion and strength . The Record hath it also that Anno 1293. London was able to put out a Fleet of 95 Ships to scowre and secure the Seas from Depredations and Pyrates , &c. which she was often usd to do . Such an Imperial Chamber , such , such a potent and well appointed City hath the King of Great Britain always at his command : And if some of the Roman Emperours about Fifteen hundred years ago in their Diplomata's or Edicts stild her Augusta , ( which was always a name of Magnificence and State ) how much more may she deserve that name in the condition she now is arrivd unto ! Thus have we discoursd , though in weak imperfect Expressions , of the Power and Military Might of the King of Great Britain , not including all this while his two Kingdoms of Scotland and Ireland , which being cast into the Balance may make his Power so much more . Touching his Maritime Power , t is spoken of in another Paragraph going before ; wherunto we will add , that the King of Great Britain hath such a Haven that neither France or Spain , or indeed any part of the world can parallel , which is Milford Haven , wherof the most famous ancient Authors , not only Latin but Greek , make most honourable mention , calling it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the thousand foorded Haven . One other passage we will adde , which is but fresh , that besides the reducing of the Hollander , the very last year a few of the King of Great Britains Frigats did beat those desperat Pyrats of Barbary into a Peace , wheras neither France or the Dutch could do it : And this year those few English that are in Tanger did also force Guyland the great Morocco Rebel to Articles of Peace . As I was writing this , me thought I had whisperd in my ear , that the French King hath one kind of Power that transcends any of the King of Great Britains , which is , that he may impose what Taxes he please upon the peeple by his Edicts alone . T is tru he can , and he may thank the English for that power ; for when they had coopd him up in a corner of France , ( in Berry ) the Victorious English being Masters of the rest , That Power which before was in the Assembly of the three Estates of laying Impositions , was invested in the King himself pro tempore during the Wars because the three Estates could not assemble : But this Power makes him a King of Slaves rather then of Free Subjects ; and if they may be calld Subjects , they are Subjects of an Asinin condition which cannot have any tru manly courage in them , or a competency of wealth to bear it up ; which is the cause that though France be a rich and self-sufficient Country , yet some think ther are more Beggers in Her then in all Christendome besides . Now , it is a Principle in the Civil Law , That Dominum habere nobiliorem confert ad dignitatem Vassalorum , & nobiliorum habere populum confert ad nobilitatem Principis ; To have the nobler Lord conduceth to the dignity of the Vassal , and to have the nobler Peeple conduceth to the dignity of the Prince . By this Axiome the King of Great Britain is the more Noble , because he is Lord of a free-born wealthy peeple , and not of Slaves and Beggers . Yet it cannot be denied but that it is one of the greatest advantages of power and repute for a King to be Rich , ( provided he come not to be so by grinding the faces of his Subjects . ) The Republik of Venice and the Seat of Genoa carry that high esteem in the world , because the one hath the Tresury of Saint Mark , and the other the Bank of St. George . The Duke of Florence is stild the Grand Duke more then other Dukes who have larger Territories , because he hath always a rich Tresury . Therfore I will draw towards a conclusion of this Paragraph with this most humble Intimation to the great Council of England now Prorogued , that at their Re-access they wold please to consider ; that wheras the fame of being Rich , and to have the Coffers of his Crown well ballasted , conduceth so much to the Repute of a King , and so by Reflexions upon the whole Nation , As also to make Him redoubtable both abroad and at home ; And wheras the contrary fame exposeth him to contempt , Insultings and Pasquils , ( as some frisking French Wits have bin lately too busie and bold that way ) and likewise our Neighbour Hans who daily offers us such insolencies : which makes me think of an Italian Proverb , which though homely , yet it comes home to this purpose , Cavagliero ( ò Principe ) senza quatrini , è come un muro senza croce da tutti scompisciato ; A Cavalier ( or Prince ) without money , is like a Wall without a Cross for evry one to draw upon : Therfore I am bold to reiterat the foresaid humble Intimation ( I will not presume to say Advice , though it may be well calld so ) to the Honorable House of Commons when They reassemble , That in their great Wisedoms they wold have a sense of the present condition in this particular of their King so miraculously restord unto Us by a pure Act of the Omnipotent : And that wheras the Two Neighbouring Kings have of late yeers enhancd their Revenues and Incomes far higher then they were formerly , They wold be pleasd to think it not only agreeable to the Rules of tru Policie , but most necessary for the Honor and safety of the whole Nation , to make the Monarck of Great Britain to correspond and bear up in a hansome proportion this way with either of Them , as He doth in all other things besides . A Corollary to what hath bin said in this first Section IN the preceding Paragraphs it appeers by luculent and cleer proofs , how the King of Great Britain Had to his Predecessor the first Christian King that ever was upon earth . He had to his Predecessor the first Christian Emperour ( and Empress . ) He had to his Predecessor the first Christian Worthy , and the first Erector of Military Knighthood . He had to his Predecessors some of the most victorious Kings that ever were . His Predecessors were the first who freed themselfs from the Roman Yoke both in Temporals at first , and in Spirituals afterwards . It hath appeerd how He is Sovrain of the Noblest Order of Knighthood that any King hath . It hath appeerd that his Ambassadors had the Precedence given Them in divers General Councils . It hath appeerd how the King of Great Britain hath as Free-born and valiant Subjects as any other . It hath appeerd that He hath the most plentiful and hospitable Court of any other King. That He hath as independent Authority as any other King. It hath appeerd that He hath the stoutest Men of War , The Noblest Haven , The Inaccessiblest Coasts , with the greatest Command and Power at Sea of any other . Which makes the English Merchants to be so highly respected abroad above other Nations , having more Privileges at the entrance of the Baltik in the Sound , as also in Hamborough and Holland , where they have Houses like Palaces provided for them gratis , and free from Excise . In Ligorne , in Constantinople , and the gran Mosco , they are more esteemd then any other Merchants : And t is well known how his Subjects the Scots have the privilege of Preemption in the Vintage at Bourdeaux , with divers other Immunities in France above other Nations . Wherfore if any King may be calld 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , t is the King of Great Britain , to whom that famous Verse of the Father of Poets may be applyed : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , A Scepter is given Thee to be Honord by all . To these particulars we will subjoyn the Reasons that Sir Henry Nevill with the rest of the English Ambassadors sent by Queen Elizabeth in a joynt Legantine Commission to Bullen in France to negotiat with Don Balthasar de Zuniga , and others sent Ambassadors from Philip the second of Spain and the Archduke Albertus ; I say , we will insert here the Reasons which the English Ambassadors gave then for prerogative and right of Antecedence , in the contest that happend then with those of Spain , by a Remonstrance which they sent the said Ambassadors in these words , as t is extracted out of the Record it self . Illustres & Magnifici Domini , Perlegimus scriptum quod Illustres & Magnificae personae vestrae ad nos heri miserunt , & Illa capita quae substitutionis potestatem , & sigilli vigorem attingunt statuimus non ulteriùs prosequi , confidentes de sinceritate serenissimi Domini Archiducis , & acquiescentes integritate Illustrium & Magnificarum vestrarum personarum quae nobis pollicentur bonam fidem in hoc quod agitur negotio summo cum candore & humanitate conjunctum . Clausulam vero quam in serenissimi Archiducis Commissione omissam esse superiùs demonstravimus , quàm primùm commodumque videbitur quod polltcitae sunt vestrae illustres & magnificae personae petimus inserendum . Quod verò illustres & magnificae vestrae personae asserunt insolitum & novum videri quod proposuimus de Praerogativa & Praecedentiae dignitate serenissimae Reginae Dominae nostrae semper debita , non possumus dissimulare , nos valde mirari illud viris vestrae conditionis , eruditionis & judicii novum esse & insolitum , quod universo orbi terrarum notum est , & celebratissimum . Res enim est exploratissima quod Regio Hispanica cum distributa fuerit in diversa Regna , & devoluta in manus Regis Ferdinandi & Reginae Isabellae , Regumque Granatae insuper ei adjunctum , unà cum caeteris partibus Indiarum Occidentalium orta est contentio speciosè magis quàm solidè recteque fundata de Praecedendi dignitate cum Regno Anglorum tempore quo Papatum occupavit ▪ Alexander ejus nomini sextus natione Hispanus , quae perducta ad tempora Iulii secundi . Volatarranus Author imprimis bonus , Historiographus Italus nullo privato beneficio Angliae obstrictus , quique eodem tempore Romae vixit , ea de causa quemadmodum Res actae , gestaeque fuerunt probè potuit intelligere , de hac Re ita refert . Inter Oratores Henrici septimi Regis Angliae & Hispaniae Regis inter sacra sedendo orta est contentio quae etiam sub Alexandrio caeperat . Iulius Locum honoratissimum Anglis pro tempore adjudicavit , quod quidem Ius , & praerogativam Regis Angliae possidentes tenuerunt usque ad tempora Caroli quinti Imperatoris qui licet ratione Caesareae Majestatis supremam sedem dignitatis inter ▪ Principes 〈◊〉 , Illud tamen privilegium ad posteros suos in praejudicium aliorum Principum transmittere non potuit . Ideóque post obitum ejus quaestio illa Praecedentiae ad eosdem terminos unde ante digresserat reversa est . Cum igitur Reges Angliae semper tenuerunt priorem , & augustiorem sedem prae singulis illis Regibus priusquàm Regna eorum in unum reducta fuerint , reductisque in unum indeque ea de requaestione motâ jus suum ex sententia Papae retinuerint de quo nullo unquam tempore aut occasione cesserunt : Extra controversiam igitur putamus illud de Iure pertinere ad Coronam Angliae , utcunque propagata & amplifica sunt Territoria & Dominia Regni Hispaniae quod recta rerum aestimatione nihil valet aut valere debet inter Christianos Principes ad hanc Praecedentiae quaestionem : Alioqui plurimi Reges & Principes assumerent sibi Praecedentiam in multos alios Principes quibus jam & liberè & libenter concedunt . Amplius de haec praesenti controversia de Praecedentiae dignitate hoc ipso tempore aliud est quod se non indignè offert judici is vestris examinandum , nempe quodunus è nobis quem serenissima Regina Domina nostra ad hunc tractatum pacis concludendum elegit , Legatus ejus est qui quotidie residet apud Christianissimum , quam dignitatem unà cum omnibus Praerogativis quae eam comitantur retinet quoad in Regno Galliae commoratur . Primus vero è vobis licet sit Legatus Catholici Regis apud serenissimum Archiducem cùm jam sit extra territorium Archiducis , qualitatem eam , dignitatemque exui : censemus quoque nostrum in quo multiplicata ista dignitas elucet , & dominatur Iure praeferendum unicuique qui singulari & nudo titulo deputati scilicet ad tractatum pacis inductus prodit . Vobis igitur si placeat quaestio ista alto silentio praetermittatur , haecque praerogativa de qua agitur maneat habitetque in serenissima Regina Domina nostra ad quam Iure spectat , pertinetque . Ita alacrioribus animis ad conventum , colloquiumque cujus causà huc accessimus feremur . Ista omnia pro prudentia & moderatione vestrarum illustrium & magnificarum dominationum petimus amicè & candidè accipi , ut quae profecta sunt ab observantiis & religione officii nostri , non à studio tempus consumendi aut contentionis excitandae . Datum Boloniae 26 Maii , stylo veteri 1600. Renderd thus in English. Illustrious and Magnificent Lords , We have read through the Writing which your illustrious and magnificent Persons sent us yesterday ; and touching those heads which appertain to the power of your substitutition , and the vigor of the Seal , we have resolvd not to prosecut further , confiding in the sincerity of the most serene the Lord Archduke , and acquiescing in the integrity of your illustrious and magnificent Persons , which doth promise us a good faith in the business we are to agitat with the greatest candor and humanity that may be . And touching the Clause we demonstrated before , we desire it may be inserted as soon and as conveniently it may be , as your illustrious and magnificent Persons have promised . And wheras your illustrious and magnificent Persons assert , that it is unusuall and new what we proposd concerning the Prerogative and dignity of Precedence due always to the most serene Queen our Mistress , we cannot dissemble , but we much wonder that that shold seem new and unusal to men of your condition , learning and judgment , which is so well known , and most celebrous to all the world . For it is a most explored truth , That the Region of Spain distributed to divers Kingdoms , when it was devolvd to the hands of King Ferdinand and Isabella , wherunto the Kingdome of Granada was adjoyned , and the West-Indies , a Contention did arise more speciously then solidly and rightly grounded , touching the dignity of Precedence with the King of England at that time , when Alexander the sixth , who was a Spaniard born , held the Papacy , which continued to the time of Iulius the second : and Volaterranus a special good Author , and an Italian Historiographer , being not engagd to England for any privat benefit , and one that was well capable to know how matters passd , and were transacted , doth relate that betwixt the Ambassadors of Henry the seventh King of England , and the Ambassador of Spain , a contention did arise about Precedence of session in the Church , and Iulius adjudgd the most honourable place to the English ; which Right and Prerogative the Kings of England possessd until the time of the Emperour Charles the fifth , who in regard of Caesarean Majesty , had the supreme place among all Princes . But he could not transmit that privilege to his posterity , to the prejudice of other Princes : Therfore after his decease , that question of Precedence returnd to those terms whence it had formerly digressd . Since therfore the Kings of England always held priority of place and session of those several Kings before their Kingdomes were reducd to one , a question being movd therabouts , they have retaind their Right by the Popes sentence , and never yeilded it upon occasion . Therfore without controversie we think that Right to appertain still to the Crown of England notwithstanding that the Territories and Dominions of the Kingdome of Spain be propagated and amplified , which in the right estimation of things prevails not , or ought to prevail twixt Christian Princes touching this question ; For then other Kings and Princes would assume a right of Precedence above others , to whom now they grant it , ever and anon , if their Dominions increase . Moreover , touching this present controversie about Precedence , ther is another thing which doth not unworthily offer it self to be examined by your Judgements , which is , That one of Us which the most serene Queen our Mistress hath chosen her Ambassador to conclude this Treaty of Peace , is one who daily resides in that quality in the Court of the most Christian King ; which Dignity with all Prerogatives he retains as long as he sojourns in France . But the first of you , although he be Ambassador to the Catholick King with the most serene Archduke , and being out of the Dominions therof , he puts off that quality and dignity . We think also that our Ambassador in whom this Dignity is multiplyed , and shines more , ought by right to be preferred before any that is appointed by a single and bare title onely for this great Treaty . Therfore if you please , let this Question be pretermitted with deep silence , and let this Prerogative remain , and dwell in the most serene Queen our Mistress , to whom it justly belongs and appertains ; so we shall more cheerfully apyly our selfs to the business for which we are come . All this we desire may be candidly and frendly accepted according to the prudence and moderation of your illustrious and magnificent Lordships , as proceeding from the Observances , and Religion of our Office , not with any dessein to consume time , or raise contentions . Bullen 26 Maii , 1600. Henry Nevil , Iohn Harbert , &c. The Spanish Ambassadors made an answer herunto , which we reserve for the third Section , wherin the Arguments of Spain for Precedence are set down , wherof one of the strongest he urgeth is the Multiplication and encrease of Dominions , which according to Besoldus and Cassaneus , with other great Civilian Jurists , is no Argument at all , in regard it doth not hold among ordinary Nobility . As for example : He of Arundel is first Earl in England ; He of Angus in Scotland ; And He of Kildare in Ireland , by the Laws of Heraldry and Hereditary Right : Put case that some other of their fellow Earls in either Kingdome shold grow richer , and have more Mannors , Possessions and Lordships , yet they will not offer to take place or precedence ; so the Argument may hold A minori ad majus : For if it be so among Noble-men , much more shold this Rule have validity among Souvrain Princes . I will go on with a passage that happend in Paris a little above twenty years since . Hugo Grotius residing at Paris in quality of Ambassador for the Crown of Sweden , attempted to make his Coaches go before those of the Earl of Leicester , pretending a right of Precedence , because the King of Sweden whom he represented , was King of the ancient Goths and Vandals , &c. which was , under favor , but a feeble Argument , For ther were Kings of Great Britain thousands of years before the Goths or Vandals were scarce known to the Christian world ; nor do any stories make mention of them until a little after the declinings of the Roman Empire , about the year 350 from the Incarnation , nor came they to be Christians till a long time after ; And it is the Position of Grotius himself in his Book de Iure Belli , Inter Reges qu●… primo Christianismum professi sunt praecedunt , Who first professd Christianity ought to precede . Moreover , the King of Denmark entitles himself King of the Goths and Vandals as well . But my Lord of Leicester carried himself so like himself , that our Swedish Ambassador was put behind with a Disgrace somewhat answerable to his Presumption , and to the explosion of the Spectators . Now , Let the prudent and unpassionat Reader weigh with leasure the foregoing Particulars , and reserve his Judgement till he hath run through the Reasons and Arguments of the other two Kings in order to a Precedency . T is time now to cross over to France , and produce the Arguments of that King , faithfully extracted out of the most receavd and celebrated Authors who assert his Right to sit next the Emperour upon all occasions , As Cassanaeus , Ferhaut , Besoldus , Carolus de Grasseliis , Hierome Bignon , Pierre Matthieu , &c. And let this be a close to the First Section . The second Section , Consisting of the Reasons wherby the French King pretends and claims Priority of Place , and Proximity of Session next the Emperour at all Solemn Meetings , and in all publik Transactions of State , &c. Which Reasons , In regard they lie confusd and scatterd in other Authors , we will reduce to Ten Heads or Arguments , wherof the first shall be drawn 1. A Nobilitate Regni , from the Nobleness of the Kingdome . 2. The second A Nobilitate Regionis , from the Nobleness of the Country . 3. The third A Noblitate Regiminis , from the Nobleness of the Government . 4. The fourth A Religione , & Nobilitate Ecclesiae , from Religion , and the Nobleness of the Church . 5. The fifth A Nobilitate Gentis , & multitudine Subditorum , from the Nobleness of the Nation , and multitude of Subjects . 6. The sixth A plenitudine Regiae Potestatis , from the absolutness of Regal Authority . 7. The seventh A Potentia ipsius Regni , from the Power of the Kingdome it self . 8. The eighth Ab opulentia ipsius Regni , from the Riches thereof . 9. The ninth A Fortitudine & Rebus in Bello gestis , from Valour and Exploits done in the War. 10. The tenth and last Argument shall be drawn ab Exemplo & Antiquitate , from Examples and Antiquities . Of the first Argument , A Nobilitate Regni , from the Nobleness of the Kingdome . THer is a speech drawing neer to the nature of a Proverb , Great Britain for an Iland , France for a Kingdome , Milan for a Duchy , and Flanders for a County or Earldome , are preferrable before all other ; They are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in their kind : this shews the supereminence of the Kingdome of France . Ther is also a signal saying of the Emperour Maximilian the first , who being in some Critical Discourses with his Lords about the Dominions of Europe , broke out into this high Encomium of France , That if it could stand with the Order of Nature and the Plesure of the Almighty that any mortal Man were capable to be a God of the Elementary world , and that I were He , I would so make my last Will and Testament in the disposing of my Estate , That my eldest Son shold be God after me , but my second shold be King of France . This saying or excess of speech must be interpreted with a sane sense , for the Emperour meant nothing els hereby but to intimate his opinion touching that potent and noble Kingdom : which Kingdom hath continued an Heredetary successive Monarchy neer upon twelve hundred yeers by three Races of Kings , wherof Lewis the fourteenth now regnant is the sixty fifth Monark . Now , whosoever will behold that noble Kingdome , will finde that no other stands so commodious and strong by the position of Nature her self . It is situated in the centre of Europe , having Westward the Island of Great Britain ; Eastward , Italy and Swisserland , with other Regions ; it hath Southward the Kingdome of Spain ; and Northward the great Continent of Germany high and low : And it is notably fenced against all these by a special Providence ; Against the First , it hath a huge Salt Ditch , the Sea it self ; against the Second it hath the stupendious Alpian Hills ; against the Third it hath the Pyrenean Mountains cast up as Trenches by Nature her self for the defence of France ; against the Fourth she hath strong fortified Towns , Castles and Rivers : The Ocean on the one side , and the Mediterranean on the other do wash her Skirts , and mightily invite Trade . And that which adds also much to the advantage of her situation , is , that she lieth accessible and open to all Mankind for Commerce and Negotiation by Sea and Land. Moreover , being seated so in the midst , she is fittest to be Arbitratrix , and to give Law to the rest of Christendome , as being properly seated to divide or unite , to admit or hinder the Forces of Europe . She stands also in an advantagious posture to reach her hand to her Frends in point of Auxiliary Assistance , or heave her hand against the Enemy . She hath divers Provinces , the Governors wherof are equal to Viceroys : And for her Nobles , they are without number ; for she can horse about 50000 Gentlemen for the Wars . Adde herunto that she hath a mighty advantage to be of a round Orbicular shape , which makes all parts lie neerer for the assisting each other in case of necessity . Ther is one other quality that makes for the Nobleness of France , which is , though he be Turk or Tartar , Moore or Egyptian , or of any Nation , if he be in quality of a Captif or Slave , as soon as he treads upon French ground he is eo instante frank and free , and as it were manumitted of the tie of slavery : for as Bodin hath it , it is a Principle in France , Servi peregrini ut primum Galliae fines penetraverint liberi sunto ; Let stranger-slaves as soon as they come within the borders of France be free . Among other , let this example serve : A Merchant came to Tholouse and brought with him a Slave whom he had bought in Spain ; The Slave being told of the Laws and Privileges of France , came and told his Master , Sir , I have had relation to you hitherto as a Slave and Bondman , but now by the Laws of this Noble Country I am a Freeman ; yet I am contented to serve you still , but as a Free Attendant . The like happend at the Siege of Mets , where a Slave had played the Fugitive , and ran away with his Master Don Luysd ' Avila's horse ; Don Luys sent a Trumpeter to the Duke of Guyse for his Man and his Horse ; The Duke understanding that his Horse was sold , causd the Money to be sent the Spaniard , but for the Man he sent him word , That he was upon French ground , therfore was Free by the custome of the Country . In fine , France is so Noble a Region , that as the Sun shines among the Stars in the Firmament , so France shines among the rest of Kingdomes . The second Argument , A Nobilitate Regionis , from the Nobleness of the Country . VVE proceed now from the Nobleness of the Kingdome , to the Fertility and Riches of the Country of France , as also to the temperature and healthfulness of the Clime or Climes thereof ; for France participats of the nature of divers Climes : Normandy , specially la Basse Normandy , partakes of the Clime of her next Transmarin Neighbour Great Britain : Picardy and Champagne of that of Germany ; Provence and the Countries towards the Alps , partakes of the Climat of Italy ; Aquitania and Languedoc being walld Southward by the Pyrenean Hills , have much of the Climat of Spain ; And the I le of France wherin Paris is built , and the Country therabouts , hath a particular Clime of its own . These varieties of Climes make the Country the more fruitful for universality of Wealth and Plenty . Nor is France onely a fat Country and full of marrow , but she hath as much Delightfulness as Fecundity , as much real Plesure as outward Bewty : Ther is no Soyl under the Sun where ther is more Agriculture for Bread , which is the staff of Mans Life ; Insomuch that she may be calld the Granary of Ceres , and she may be calld as well one of Bacchus his chief Cellars , for a world of Vineyards wherwith the Country is coverd , with innumerable sorts of fruits ; insomuch that the character which Salvianus gives of Aquitania may extend to the whole Country , when he elegantly saith , Illic omnis admodum Regio aut intertexta est Vine is , aut florulenta pratis , aut irrigata fontibus , aut interfusa fluminibus , aut distincta culturis , aut consita pomis , aut amoenata lucis , aut crinita messibus , ut verè possessores Illius Terrae non tam soli istius portionem quàm Paradisi imaginem possidere videantur : There evry place is either interwoven with Vines , or flowrd with Medows , or set with Orchards , or meerd by Corn-fields , or peepled with Trees and Woods , or refreshd with Fountains , or enchanell'd with Rivers , or periwiggd with all sorts of Grain ; Insomuch that the Inhabitants may be said to possess a part of Paradise rather then a portion of the common earth . Now , among all these , the four Staple Commodities of France may be said to be Corn , Wine , Hemp and Salt , which Boterus calls the four Loadstones of France : For as the Loadstone ( wherof the Blew Ethiopian is the best ) hath an attractive Virtue to draw unto them Iron and Steel in a mysterious manner , so the foresaid four Commodities have a Magnetical Virtue to draw into France the Gold and Silver of all Nations . Concerning the French Corn , it is reputed the best of all other ; Pliny , one of Natures principal Secretaries , hath left upon record that the Gallic Corn is nitidissimi grani , & plus panis reddere quàm far aliud , It is of a neat grain , and yeelds more bread then other wheat . The Spaniard and others might starve were they not sustaind by French Corn , yet she vents but her superfluities , and transmutes them to Indian Gold : for such is the scarcity of Spain , that having not bread enough of her own for the hundredth Child she produceth , whosoever brings thither a Cargazon of Corn , may make his return for it in Gold or Silver , and carry it openly in the palm of his hand without fear of seizure . Touching the French Wines , it may be said they need no Bush : what vast proportions are carried away by all the Northwest Nations ? Bodin speaks of one Merchant in Cambray which bought at one Vintage 33000 Barrels ; and t is worth the observation what a world of variety of Wines grow up and down , for one can scarce go twenty miles but ther is still a differing sort of Grape : In some places in Burgundy and Champagne ther are Wine-vessels as big as some houses in height , not inferior to those vast Vessels of Heidelberg , Tubinga , and Groninghen , ( as the ingenious Lansius hath it . ) Touching Hemp and Flax , the third Staple Commodity of France , what mighty rich Procedes come thereof ! For though it be a despicable Vegetal in sight , and unsavory in the handling , yet it is of such virtue that it can remove Rome to Hercules Pillars , Egypt to Italy , the East and West Indies into England ; a Vegetal that can controul Eolus , and overmaster Neptune himself , I mean the impetuous Whirlwinds of the one , and the tumbling Waves of the other . Now , where doth this most useful Commodity grow more plentiful then in France ? Nor doth she hereby furnish her Neighbors far and neer only with Sayls for their ships , but with shirts for their backs , sheets for their beds , and napery for their tables . Touching the last great Staple Commodity of France , which is Salt ; t is so savoury in the Kings Coffers , that he draws twenty Millions of Livres evry year from the Gabel of it : besides that incredible proportion which is spent in France it self , what Millions of Mesures are laden out for other Countries ! Spain also hath this Commodity to a superfluity , but her Salt is more corroding and acrimonious then the French ; Therfore when the Emperour Charles the fifth ( as Lansius relates ) had put out a Placart prohibiting that no French Salt shold be brought into the Netherlands , the Country was like to mutiny for that tart Proclamation , because the Spanish Salt which was permitted only to be imported , was not so sweet and vigorous as the French ; specially as that of Rochel , wherwith if Flesh be salted , and a Ship victualld with it to the furthest part of the East-Indies , it will eat as sweet at the return of the Ship as it did at first , as t is found by the frequent experience of our Navigators . Concerning the Air and Clime of France , it is the most cheerful and temperat of any other under the Canopy of Heven , which makes the inhabitants therof so spritful and debonnaire : T is rare to find a French-Woman melancholy , which was the ground of the Proverb , To make a compleat Wife , let her be English to the Neck ; From the Navil to the Knee Dutch ; From the Knee downward Spanish ; But from the Neck to the Navil French , which relates to the Heart , and to the merry disposition therof . Nor are the French-women spriteful and merry most of any , but they are also wise and judicious : for Cassanaeus relates in his Catalogo Gloriae Mundi , that in the famous old League which was struck twixt Hannibal and the Gaules , it was capitulated that if any Gaule was wrongd by a Carthaginian , a Carthaginian Magistrat shold be his Judge ; but if any Carthaginian shold be wrong'd by a Gaule , Gallic Women shold be Judges therof . I will conclude this Argument with the quaint Verses of Baptista Mantuanus an Italian : Ignea Mens Gallis , & Lactea corpora , nomen A candore datum populis , Muliebra tingit Ora color Tyrius , Paphium meditata colorem Ex geminis fecit Natura coloribus unum : Laeti , alacres , lusu , choreis , & carmine gaudent ; In Venerem proni , proni in Convivia , proni Ante Dapes adsacra Deum servire , j●…gumque Ferre negant , fugiunt figmenta , & hypocrisin , Ore Liberi , & ingenuus mos est , Tetricosque perosi , &c. The third Argument , A Nobilitate Regiminis , from the Nobleness of Goverment . THe form of Goverment in the Kingdome of France , is partly Civil , partly Polemical ; It is a mixt Goverment between Peace and War , composd of Military Discipline as well as of Civil Justice , in regard that France having so many open Frontires and powerful Neighbours by Land , they cannot as other Countries joyn Peace and Security together . Touching their Martial Goverment t is very exact , ther are divers Regiments of Horse and Foot in perpetual pay , being inrolld , and always ready for any occasion of Service . Moreover , in all the Provinces and places of strength , ther are Governors and Garisons dispersd up and down , which is very advantagious for the preferment of the Gentry . Now , the Governors are so cautiously disposd of by the King , that not any of them hath means to betray or deliver up a Province into the Enemies hands , the commands therof being so divided : For though the Governor commands the Country in general , and commonly the chief Town , yet ther is a Lieutenant that holds also by Patent immediatly from the King , and not from the Governor , and betwixt these two ther are some emulations and umbrages ever and anon . Then most part of their Towns , Castles and Fortresses have particular Governors not subordinat to the Governor of the Province , but deriving their power expresly from the King ; so that in many places the Town hath one Governor , and the Castle another ; Indeed the Country of Provence only was usd to have a Privilege , that Her Governor held it without a Lieutenant . The Noblesse or Gentry in France are the sole body which participat in some fort with the Prerogatives of the Crown ; for from it they receave Privileges above other men , and a kind of limited Regality upon their Tenants , besides real Supplies to their Estates by divers Employments , Pensions , and exemption from Tallies upon their own Demeans and Lands as long as they manure them by their own servants : but what Lands they let out to Tenants is presently Talliable , which causeth proportionable abatements in the Rent ; and in compensation for this , They onely owe the King the service of the Ban and Arriereban , which is to serve him or his General three months within the Land at their own cost . Now as in time of War the Noblesse undergo most part of the danger , so is their power then more peremptory above the rest of their fellow-subjects ; wheras in time of Peace the King is ready to countenance inferiour persons against them , and is contented to see them wast one another by contention in Law , or otherwise , for fear they grow too rich , Because it is a principle of State in France , That as the Noblesse use to do him the best service , so , They only misapplyed can do him most harm . Now , the ancient French Gentry was much diminished in the Croisades , or Wars of the Holy Land , because that to enable them for the service , divers of them did hipotheque or morgage their Fiefs and Lands to the Church , which are not redeemd to this day : Insomuch that it is thought by sundry Computations which have bin made , that the Gallican Church possesseth the third part of the fattest Fiefs in France . Now , upon the foresaid diminution , the French Gentry have been repaird and made up since from time to time of Advocats , Financiers , and Merchants , wherof a great many by the Kings favor are daily ennobled . Such a gallant Goverment France hath for the common Incolumity and publik defence of the Country , and for the employment of the Gentry who are more numerous there then in any Kingdome els ; wherby the tru Rules of Policy are observd that shold be in a Monarchy , which are For the King to command , The Nobles to execut , and The Peeple to obey ; and indeed the Peeple shold know nothing els but how to obey . Now , one of the prime Principles in France is to keep the common Peeple under a perfect subjection , so that they may not be able to do any hurt . And if they are kept poor hereby , let them thank themselfs ; for if they were pamperd with wealth , They wold be ever and anon kicking at Goverment : for we know ther is not a more instable hair-braind Monster in the world then the Common Peeple , as England of late yeers hath had such woful experience . Touching the Civil Goverment of France , and administration of Justice , it is of that high esteem that divers Forren Princes have referrd their Causes to be determind to the Court of Parlement in Paris , as a Consistory of high Reason and Integrity . It stands upon record how the Emperour Frederik the second referrd the controversies betwixt him and Pope Innocent the fourth touching the Kingdome of Naples to the decision of this Court , En dernier ressort , to pass a Definitif unappealable Judgement . The Count Namurs in a Difference twixt him and Charles de Valois , did cast himself upon the verdict of this Court : Philip Prince of Tarentum overcame the Duke of Burgundy in this Court touching the Expences he was at in recovering the Greek Empire : The Dukes of Lorain have in divers things stood to the Arbitrament and Justice of this Court : They of Cambray when they were a Free Peeple have , been willing to be tryed by this Court : The Confederacy also of the Kingdome of Castile and Portugal was confirmd by this Court. Now , the reason why this Court gains such a high Repute , is , That none are admitted to sit in that Tribunal but persons of known Integrity , Erudition and Gallantry ; which made Henry the second , as Lansius hath it , when by the importunity of a great Princess he had recommended one to sit there , and being a person but of shallow parts , and so rejected , the King said merrily , Ie pensois que parmy tant de Ginets un As●…e pourroit bien passer ; I thought that among so many Ginets one Ass might have passd well enough . Besides this of Paris , ther are divers other Courts of Parlement ( and Praesidial Seats ) dispersd up and down the Country in such a convenient distance , that the Client may not be put to make long Journies for Justice , and that the Poor be not oppressd by the Rich for want of means to make such long Journies wherby they suffer the suit to fall , as many use to do in England in the remotest places from London for want of such Courts . I will conclude also this third Argument with some choice Verses of Ludovicus Bologninus a celebrated Civilian : Francorum Reges sacro sub nomine nati Consilio semper valuerunt , semper & Armis , Sanctaque fautores Bonitatis Iura tenentes Appellat Romana suos Ecclesia gnatos , Et Primogenitos tali sunt nomine digni , His Deus Imperium dedit , & sua Iura tuetur , Unguntur , sancti fiunt quicunque creantur . The fourth Argument , A Religione , & Nobilitate Ecclesiae , from Religion , and Nobleness of the Church . SOme Authors affirm , that when our Saviour sufferd upon the Cross , He lookd towards France ; whence they infer , that it was a blessed Omen that Christian Religion shold florish most in that Kingdome . Moreover , it is a rare , and indeed an unparallelld thing , that ther was in France before the passion of our Saviour a Church , viz. Ecclesia Carnotensis , as it remains upon good record , which was dedicated Virgini Pariturae , to the Virgin that shold bear ; as we read ther was in Greece an Altar erected 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , To the unknown God. This made the Emperour Iulius Caesar , who had felt the pulse of that peeple more then any other , to give this Encomium of them in his Commentaries , Natura est omnium Gallorum admodum dedita Religioni , T is the nature of all the Gauls to be much addicted to Religion . As in the dark times of Paganism they were observd to be so devout , so since the glorious Light of Christianity did shine upon the Flower de Luces , the French Nation hath bin found to be transported with an extraordinary zeal to Religion . And this Heavenly Light began to shine and shoot its Rays betimes : for we read that Iraeneus one of the first Primitive Fathers was Bishop of Lions , and he was Disciple to Polycarpus , and Polycarpus was Disciple to St. Iohn the Evangelist , by whom he was sent from Asia among the Gaules for the plantation and propagation of Christian Faith , as St. Hierome relates . St. Hilarius who was another Father of the Primitive Church , was also Bishop of the Picts in France , where he composd his excellent Works which are partly Expository , partly Controversial , though ther occur often some African barbarous Latin words in them , as disfrocite for degenerate , Zabulus for diabolus , &c. What a multitude of Hevenly Martyrs hath France had ! for in all the ten Persecutions ther were some of them signd still their Faith with their bloud . In the Emperour Valerians time ther were famons French Martyrs , as Florentius Bishop of Vienna , Pontius Cassius Victorinus , Liminius , Anatolianus , with others whom Gregory Turonensis mentions , and whose names are enrolld in the Catalog of Saints to all posterity . And this was a little before the unluckly Novatian Heresie crept into France , and infected divers other Countries . Nay , to go higher up , and to the very source of Christianity , ther are some Authors who avouch that St. Paul was in France , and that the chief Church in Vienna was built by him , as this ancient Verse there engraven shews : Paulus praeco Crucis tibi dat primordia Lucis . Ther be other Authors who affirm that St. Peter also was in France ; And that ther landed at one time in Marseilles Lazarus , Mary Magdalen , Martha and Marcella , as it is recorded in a Manuscript of the English History in the Vatican wherof Baronius makes mention ; And about that time Ioseph of Arimathea , that Noble Decurion , passd through France into Britain with the foresaid Marcella , who was she that is mentiond in the Gospel , who being divinely inspird , cryed out with a loud voice when Christ was preaching , Happy is the womb that brought Thee forth , and the paps that gave Thee suck . Spencaeus also makes mention that St. Luke was in France ; As also Savinianus one of the 72 Disciples , and Martialis another of them , who some do affirm to be He who sold the five Barly Loaves and the two Fishes wherwith our Saviour fed five thousand . And if the Holy Reliques of blessed Saints may adde to the Nobleness of a Country , the Churches of France are full of them ; Reperies in Francia ( as Cassanaeus relates ) omnes Christi Exuvias , quippe praeputium , Inconsutilem togam , Spineum diadema , Crucem , Clavos , Spongiam , Lanciae cuspidem , & cum qua sepultus est sindonem . You will find in France all the Exuvias or Spoiles of Christ , his praeputium , his seamless coat , his Cross , the Nayls , the Sponge , the point of the Spear , and the Winding-sheet wherin he was buried . Cassanaeus goes further , and says , that in Burgundy the body of Lazarus is buried , as also Mary Magdalens ashes are kept in a noble Chest , and likewise those of Martha , Martialis , and of the three Maries . Adde herunto the most precious head of Iohn Baptist , and the finger wherwith he pointed at the immaculat Lamb of God. The eleven thousand Virgins are yet kept in France ; And likewise the reliques of St. Denis , Martin , Cosma , Damianus , Sebastian , with other Christian Hero's are to be found in France ; As Claudius and Edmundus , whose bodies , bones and flesh are to be seen to this day , and are frequently visited by Pilgrims . Ther are also to be seen the three Twins , St. Geneveva , St. German , St. Hilary , with sundry others . I must not omit the Body of St. Quintinus a great Martyr , who hath a Town of his name to this day , which formerly was calld Samarobrina from the River Samoria ; which Martyr after many persecutions and punishments under Dioclesian and Maximinianus was at last beheaded ; his body and head were thrown into the River Samoria , where it lay many years , until a Roman Matron calld Eusebia being warnd by an Angel came to search for the body , which being found , it immediatly cur'd her sore eyes ; and so she put the body and head under ground , wheron since a mighty Sanctuary was erected bearing his name , and calld St. Quintin : 300 years after , in the raign of King Dagobert , his body was taken out of the earth and put in a gold Chest , where it remains to this day , and wherunto a great confluence of Pilgrims do frequently resort by reason of the great miracles that he hath wrought in point of health to many thousands ; all which particulars Cassanaeus relates . Touching the Nobleness of the French Fabriques erected and consecrated for the worship and service of God Almighty , as Basilicas , Temples , Churches , Sanctuaries , and other Domes of Devotion , the whole earth hath not fairer or more magnificent ; as also Priories , Abbeys , Convents , Monasteries , &c. What a glorious and indeed admired structure is the great Carthusian Monastery in Provence ! It may be calld a little Christian Commonwealth of it self , and hath Revenues able to bear up the port of a Souvrain Prince . Now ther is no Church upon the surface of the Terrestrial Globe that is comparable to the French in Revenues and Riches ; for the last computation which was made , the Revenues of the Gallican Clergie amounted to above three hundred and twenty millions of Livres ; a stupendous sum ! And indeed They need have so much ; for besides such a world of Abbots , Priors , Monks , Priests , and other Ecclesiastical Dignitaries , ther are in France 15 Archbishops , and 150 Suffragan Bishops ; and such is the honor which is born there to the Mitre , that they are all Privy-Counsellors by their Dignity , and by the Laws of France , though few do come to the said Council unless they have an intimation of the Kings plesure by particular Letter . The fifth Argument , A Nobilitate Subditorem , from the Nobleness of Subjects . IN the third Argument going before , ther were some touches of the French Noblesse and Gentry , how numerous they are , and the many ways of Preferment the King hath for Cadets or younger Brothers , wheras the elder use to have great Estates of their own ; For indeed some of them have mighty Fortunes by Patrimonial Inheritance . The last Duke of Guyse kept a House like a Souvrain Prince ; he had above two hundred Gentlemen waited on him as menial servants , and having Domestik dependency , unto whom he gave such a liberal allowance and long Leases out of his estate , that they might live like Gentlemen ; which made one tell the Duke that he had turnd all his Estate to Obligations ; meaning that he had obligd so many unto him by his munificence and bounty . Yet ther are three sorts of Subjects that live but poorly in France , which are the Roturier , the Vigneron , and the Peasan . But they who dwell in Towns , and have any Profession or Trade , live well enough : But the main wealth of the Country is among the Gentry or Noblesse , who live plentifully and well . Among divers others , ther is one singular quality in the French Gentry , that they are extraordinarily affected to their King , and they are pleasd in nothing more then to have access , and see him . Ther is a world of examples how close they have stuck to him in the Wars when his person was in hazard , and rescued him though danger and death were inevitable in the Action . For Horsmanship and Chivalry they surpass all other ; and indeed ther is none that becomes a Horse so well , and hath a more comely seat on his back then a French-man . Adde herunto that the French Noblesse are naturally Valiant , quick and hardy , not onely in the Wars , and publick Engagements , but in privat Feuds , ther being more Duels fought there then in all Christendome besides . Nor is ther any Nation more covetous of Honor , or more careful and tender to conserve it when they have it . I will conclude this Argument in brief with the opinion of a famous Poet , who sings thus of them : Gallia fert acres animos , & Idonea bello Corpora , non illis ausit componere sese Thracia quae Martem genuit , non Parthia versis Quaebellatur equis fugiens , licet inclyta Crasso Facta sit extincto signisque superba Latinis . Quas Gentes olim non contrivere ? per omnem Invecti Europam quasi grando Aquilone vel Austro Importata gravi passim sonuere tumultu . Scit Romanus adhuc , & quam Tarpeia videtis Arx attollentem caput Illo in monte superbum ; Pannones Emathii norunt , scit Delphica Tellus Quam nisi terrificis subito convulsa ruinis Oppressisset eos , non defendisset Apollo . The sixth Argument , A Plenitudine Potestatis Regiae , from the Absolutness of Royal Power . THer is no Monark among Christians that hath a more plenary and absolut power then the King of France , take together all the Prerogatives that a King is capable of . He only can make Peace , or denounce War ; He only can convoke , discontinue and dissolve Parlements , I mean the Assembly of the Three Estates ; He only can pardon ; He only can naturalize and ennoble ; He only can put value upon Coin ; He only can press to the War : Nay , He hath power not only to do all this , but he can make Laws , and impose Taxes at pleasure ; All which he doth by his own Royal Edicts . For as touching the formality that the said Edicts shold be confirmd by the next Court of Parlement , that is , by the next Assembly of the Three Estates , That Assembly is now grown as obsolete as a General Council , for ther hath been none these fifty years and upward . Besides the Real Demeans of the Crown , the King hath to support his Greatness , 2. La Taille ; 3. Le Taillon ; 4. Les Aydes ; 5. Les Equivalents ; 6. Les Equipollents ; 7. Les Crues , ou Augmentations ; 8. L'Octroy , ou Benevolence ; 9. La Gabelle ; 10. Les Imposts ; 11. Le haut passage , or Domain forain , ( for goods exported ; ) 12. Le Trait Forain , ( for goods imported ; ) 13. La Solde de 50000 Soldats ; 14. The Tenths besides . All these Impositions are as old as Lewis the eleventh , who , wheras before most of them were laid and levied upon extraordinary occasions , he found a way to make them perpetual . And if those fourteen Strings touchd before will not serve his turn , he hath power to make more for his Bow when he pleaseth ; and herein the King of France hath the advantage of his two Neighbouring Kings : This is that indeed which makes him so potent ; Hereby he can lade an Asse with Gold when he will to break in through any Wall though otherwise never so inexpugnable . It is a full Purse that makes a King both feard at home , and formidable abroad ; wheras the contrary makes him but a kind of Scar-crow King , as the Spaniard tells us in his Proverb , Don sin dinero no es Don , si no Donayre . I will conclude with the Greek Poet , who sings to this purpose very elegantly : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Wherwith the Latin doth verbatim and exactly correspond both in sense and verse : Argenteis pugna telis , atque omnia vincès . Fight with Silver Weapons and thou shalt conquer all . The seventh Argument , A Potentiâ Regni , from the Strength of the Kingdome . THer is not such an intrinsique united Power , such a knot of Strength any where as France is : Ther are in France thirty thousand Parishes , so that taking but ten men out of one Parish with another , an Army may be composd of two hundred and fifty thousand Combatants ; besides the City of Paris , that huge Mass and Miscelany of all Nations , which may furnish well-neer as many more : And it may be said that France was never so powerful since the time of Charlemain as now she is , nor so entire , and that for many reasons . First , in regard that the Hugonots , or they of the Protestant Religion , are reduced to an exact subjection , who indeed were the greatest weakness of France before ; for oftentimes they servd as Dark Lanterns to other Princes both abroad as well as at home , to put Combustions in France at plesure . They might be calld Regnum in Regno , having such a considerable strength as above 200 Towns , in many wherof they kept Garisons , for the maintenance wherof the King himself was to contribut by Article . Two of these Towns commanded the great River of Loire , and others were neer the Sea , so consequently fit to receave Forren assistance , as Rochel , the taking wherof did much startle Spain , who had she foreknown that England could not have done it , she wold have sent assistance her self : which made Cardinal Richelieu to raunt that he had taken Rochel en depit de Trois Roys , in despite of three Kings , viz. the King of England , the King of Spain , and the King of France himself , who was a great while averse to that business . But now all those Towns of caution and safety the Hugonots had , are dismantled ; besides , they have no Garison any where , so that they are to relie for the future soly upon the Kings savor , wherby they are brought to a perfect pass of obedience ; which great Five Kings of France before the last endevoured to do , but could never effect it . Secondly , France is far more powerful because of the three Keys which Richelieu said he had got , viz. Brisac to enter Germany , Pignorol to enter Italy , and Perpignan to enter Spain at plesure , having therby besides added to France the whole County of Roussillon . Thirdly , because he hath got in a manner all Lorain , which was formerly a Countermure twixt France and Germany , being engagd by homage to the Empire . Fourthly , he hath got the Garison of Strange Soldiers which were in Orenge to be dismissd , and the Castle as good as dismantled ; which lying within the bowels of one of his own Provinces , might be said to be another weakness to France . He hath also got the Italian Garison in Avignon to be casheerd , which also was another inconvenience to France lying within her Verge , and hath made himself Master of the place , though it was part of St. Peters possession above 300 years . Lastly , he hath Graveling with Dunkirk and other Towns in the Netherlands . All which considered , it may be said that the power of the Kingdome of France is much more improvd then it was formerly in many hundred years . The eighth Argument , Ab Opulentia & Fertilitate , from Wealth and Fertility . IN one of the former Arguments we spake of the four Staple Commodities of France , viz. Corn , Salt , Hemp and Wines ; To these may be added Silks , Oyls , Woollen Stuffs , and Saffron ; All manner of delicat fruits , as Orenges , Lemons , Cytrons : The Lady Flora also hath one of her choicest houses of plesure there , as well as Ceres and Bacchus , ther being such abundance of choice fragrant flowers to be found in evry Garden ; As likewise all sorts of Edible Roots and Salade-Herbs . Pomona also may be said to have her best Orchard there , for the excellentst Cyder is made in Low Normandy ; and those who are habituated to drink it , are observd to have cleerer Complexions then others who have only Wine for their drink . Ther are not more delightful Medows and Fields on the surface of the earth , such huge herds of Cattle , and variety of Stuffs and Cloth made , which makes Le. Drap de Berry in such high request ; with the most curious rich Sattins and Velvets of Tours . Ther is not such a Beau-die , such a Scarlet Die in any Country . What thick swarms of Bees , and delicat Hony is found in every Peasans Garden ? What delightful Woods and Lawns , Chaces and vast Forests , with whole Hosts of huge headed Deer , ( and other Beasts for Venery ) range up and down ! Such Forests that the Sylvan Gods themselfs are seen sometimes to hunt in them : As ther is a rare Passage recorded by the Bishop of Rhodes in his late Annals of Henry the Fourth , that at a great appointment of Hunting one day in Fountainbleau , as the King was in the heat of his chace , ther was another cry of Hounds and Horns heard , which afterward coming neer , a black man plainly appeerd to all , who cryed out three times , Amendez vous , Amendez vous , Amendez vous ; and so he and his Hounds vanished : The Wood-men and Officers of the Forest being questiond about it , they answerd , That that black man was often seen to hunt there with his Dogs , and wold suddenly disappeer , but he never usd to do hurt to any body : And surely this could not be the Devil , as some poor shallow-braind Authors do assert all Spirits of the Air to be . Go to the Bowels of France , and she is full of Mines , and Marble in many places , with great plenty of Iron , ( the best and worst thing belonging to humane use . ) Look upwards towards Heven , and you shall see the Air throngd with Volatils of all sorts . Nor is ther any Country on earth so conveniently waterd as well with Sources and Sanative waters , as with great Navigable Rivers ; which makes evry part of the Country communicable one to the other in point of mutual commerce , for all the great Towns are situated upon some Boat-bearing Rivers : And besides , they are so delightful , that some of them are said to be embroderd with Swans , borderd with Crevices , and pavd with Troutes , with all sorts of delicat Fish : Insomuch that ther is nothing which Air , Earth or Water can affoord as well for Voluptuousness and Lux●… , as for necessity and common sustenance , but France affoords it in a kind of exuberance . Paris is such a place of infinit provision , that Monsieur Vigner said , If he were to give a Treatment to the most luxurious Feasters among the Romans , ( were they alive ) as Apitius , Lucullus , Pompey , with many more , he wold desire but one days warning to do it , and they shold be so servd that they wold confess they never found the like in Rome . How many Ordinaries are ther in Paris of Pistol-price , and the Tables servd all in Plate ? Which makes the Italian Poet break out very ingeniously into the praises of France , thus : Gallia Terreni pars est non infima mundi , Sed longè latéque patens — Terra Hominum , Frugúmque ferax , Armenta , Gregésque Uberiùs pascens , plebis non languida Coelo Tabifico . Non mortiferis infecta venenis Ut Lybiae , non perpetuis adoperta pruinis Sicut Hyperborei Montes , non torrida ab aestu Qui faciat steriles , ut decolor India , campos . Non etiam noctis pallens semestribus umbris , Quale sub Arcturo positum Mare , & ultima Thule ; Sed nec ut Egyptus quia fusa palustribus undis , Sed Coelo , & tenerae faecunda uligine Terrae , Venatu , Aucupio campos , Montana , lacusque Sallicitant , bellandi usu laetantur Equorum Terga fatigantes , loricae , hastilia , & arcus . Deliciae Genti sub dio ad sydera somnum Carpere , fuscari sole , & ferrugine pulchrum est , Pulvere conspergi , & graviùs sudare sub Armis Pro Patria , pro Cognatis , pro Regibus ire In pugnam , & gladios , & morti occumbere dulce est . The ninth Argument , A Fortitudine & Rebus in Bello actis , from Valour and Exploits performed in the War. IT is recorded in good Story , that Alexander the great Founder of the third Monarchy , viz ▪ the Greek , hearing much of the Fortitude of the Gaules , and it seems having read of the great Exploits performd both in Italy , by ransacking Rome , as also in Greece her self , under the conduct of Brennus that valiant Britain , the Cadet of Mulmutius Donwallo the famous Legislator , and first King that wore a Crown of Gold in Great Britain many hundred years before the Romanes entred : I say , that Alexander hearing so much , and reading of the Martial Achievments of the Gaules , ( now French ) sent to know of Them , What they feard most ? They answerd , Ne Coelum rueret , Lest the Heven shold fall : A magnanimous answer ! And the French Nation must by natural inclination be magnanimous and Martial , because the Astronomers who are so conversant with Hevenly Bodies , and their virtual power in relation to Earth , affirm , that the Planet Mars is the Ascendent of France , and hath a peculiar influence upon that Nation more then upon any other . To pretermit for brevities sake many other victorious Kings who had raignd formerly , what a triumphant Hero was Charlemain ! He vanquishd the Saracens in the Holy Land , He freed Spain from them ; He was a mighty Champion of Christ , and of the Roman Church : For He restord two Popes , viz. Adrian and Leo , the one being besiegd , the other banishd , and living in exile . This was the Prince who repaird the Western Empire being almost mouldred into dust , and raysd it to as high a pitch of sublimity as ever it was , by congregating the scatterd Dominions therof : This was He who overthrew the Tyranny of the Longobards which his Father Pepin had begun , and quite freed Italy of them , where they had lived and lorded above two hundred yeers . He subdued the Empire of the Huns , securd England , tam'd Bavaria , subjugated Spain , and possessd Italy . He drive the Moors out of Corsica , the Carthaginians out of Sardinia , the Saracens from the Baleares Insulae Malliorca , &c. This was he who trounc'd the Bohemians , checkd the Impiety of the Danes , broke the fierceness of the Sclavonians , and reducd the Saxons to Civility . This is He whom all the Oriental Princes admird , ( as well as the West ) receaving their Ambassadors laden with rich presents , and desiring a frendship and confederacy with him . This is He who was the founder of the University of Paris , being very learned himself by the Instructions he receavd from Alcuin that famous English-man . This was that pious Prince who confirmd the Donation which Constantin the great his predecessor made unto the Holy Father the Vicar of Christ of the City of Rome , and conferd also upon Him the Exarchatship of Ravenna : Therfore was he as deservedly as gloriously Crownd in Rome Emperour of the West , and the Title of Christianissimus given Him , the Empire continuing in his Race by direct Line above a hundred and ten yeers . What glorious Expeditions have bin made since in the Holy Land by five several Kings of France in person ? Me thinks I behold Godefroy of Bouillon being countenancd and assisted by the French King , and having morgagd some part , and sold the rest of his Duchy for that Enterprise , marching with a huge Army through Germany , Hungary and Greece , and so passing to Asia to encounter the Forces of Solyman the Ottoman Emperour , and Chalypha the Soldan of Egypt , with other Infidel Kings whom he put to flight , making himself Master of Nice , of Antioch , and Hierusalem her self , with the Holy Sepulchre of Christ. Me thinks I see Him when he was to be crownd King of Ierusalem , throwing away the Crown of Gold , and taking one of Thorns in imitation of our blessed Saviour . Me thinks I see all the Princes therabouts Tributaries unto him , and bringing him rich presents , though He himself went clad but in the habit of a common Gregarian Soldier ; wherat some of the said Princes being astonishd , askd , How comes it to pass that so great a Conqueror who hath shaken all the Eastern world shold go so plain and homely ? But to draw to a conclusion of this Argument , let 's descend lower to some of the Modern Kings of France , and the two last will afford matter enough to confirm the Fortitude of the French Nation , viz. Henry the Fourth , and his Son Lewis the Thirteenth : Concerning the first , Valour and Fortune may be said to contend which shold entitle him Henry the Great ; They both strivd for mastery in Him , and which shold overcome : He was Conqueror in four signal Battails ; In thirty five hot Skirmiges ; In above a hundred personal Encounters , with the siege of about three hundred several places , wherin He provd always Victorious ; which makes his memory to continue still fresh in France , and makes new impressions from Fathers to Sons to render it eternal . Ther is scarce any considerable Town but hath his Statue in Brass or Marble , and Pictures innumerable ; insomuch that one said , Una Henrici Oblivio erit occasus Humani generis , The Oblivion of Henry alone will be the end of Mankind : But for a tru Character of him , I will insert here that which is engraven on the Cheval de bronze , the Brasen Horse on the Pont-Neuf in sight of the Louvre his most Royal Castle in Paris ; which character runs thus : Ie suis Henry grand Honneur de la Terre , Astre de Paix , & Foudre de la Guerre ; L'Amour de Bons , la Crainte de Pervers , Dont les Vertus meritoient l'Univers . Henry I am , the Glory of Mankind , The Star of Peace , and Thunderbolt of War ; The spur of Vertu , scourge of Vice ; A Mind That merited to sway more Scepters far . Touching his Son and immediat Successor Lewis the Thirteenth , he also did mighty things . He began to bear Arms , and wear Buff almost when he was no higher then a Sword , at which height they say the Kings of France are out of their Minority : but before he came out of His , he repressd two ill-favourd Commotions in Poitou and Britany . He continued Conqueror all his life-time , nor did He know what it was to be beaten . He bangd all his Neighbours round about him : He clammerd twice with his Armies ore the Alps , and came back again , having done the business he went for . He climd likewise with his Troops up the Pyreney Hills , and establishd a Viceroy in the Kingdome of Catalonia . He crossd ore the Meuse , and made many deep Hacks in the Ragged Staff. His Horses foorded ore the Rhine , and helpd to cuff the Eagle ilfavouredly in the German Air. And lastly , He foyld the English at the I le of Rhe. These were Exploits abroad . At home also within his Kingdome He did marvailous things , by suppressing so many Civil Insurrections ; and lastly , by debelling the Hugonots , which his five immediat Predecessors could not effect , though they attempted it many ways : Then which Action nothing could conduce more to the security and improvement of the power of the French Crown , and the tranquillity of the Country . The tenth and last Argument , Ab Exemplo & Authoritate Historicâ , from Examples and Historical Authority . THe Arguments which went before may be said to be Embroderies and Florishes of Reason ; yet those Florishes were wrought upon good Substantial stuff : but this last Argument hath more of solidness , legality and weight in it , for it consists of Examples , and Historical Authentik Proofs of Antiquity , which the Logitian tells us is one of the strongest way of Argumentation . We will not make such over-curious Retrospects as to look on the times before Charlemain , though ther be divers examples that ever since the time of Clouis , who was the first Christian King of France , ( which was above 300 years before ) which prove that the Kings of France had Prerogatives of Session , and Precedence both of Place and Person next to the Emperour . But since Charlemain had the title of Christianissimus given him , ther be divers cleer and convincing proofs , how after the Empire was devolvd from Charlemains Race to the houses of Saxony , Suevia and Austria ; nay since Austria came to the highest cumble of greatness and multitude of new Dominions , the Kings of France have still had the Antecedence both in General Councils , in assisting the holy Offices of the Church , and in attending the Popes Person . Now t is known that the Court of Rome , with the Rules and practice therof , is fittest to determine this Question of Precedence . Mausonius and others have it upon good record , how Anno 1564. Pope Pius the fourth passd a solemn Decree , That the Kings of France ought to have the Precedence of any other King. Nor indeed in former Ages did any King contend with him herabouts but the King of England . The Spaniard did but of late years stand for it ; it is but since the Raign of Charles the fifth . And as the Kings of France before claimd it as succeeding Charlemain , so the Kings of Spain wold challenge it as succeeding Charles the Fifth . Yet in the famous Treaty at Vervins 1598. after long Concertations and canvassing of the point Pro & Con , the Spanish Ambassadors made a Cession of Precedence to the French ; And Baldus the great Civilian , as Purpuratus relates , affirmeth categorically , Nemo praesumat Honorem super vexilla Invictissimi Franciae Regis . It is tru , that some Writers rank Kings thus ; The King of Hierusalem , the King of France , the King of Sicily , and the King of England ; which four are the only Anointed Kings : And for this they shew an old Manuscript of the Church of Rome , calld Provincialis . Saint Gregory writes to Childebert , Quanto caetero●… homines Regia Dignitas antecellit , tanto caeterarum gentium Regna Regni vestri culmen excellit : As far as Royal Dignity excels all other men , so far doth the glory of your Kingdome excel others . H●…norius the third says , Reges Gallorum opposuerum se tanquam marus inexpugnabilis pro populo Christiano : The Kings of France opposd themselfs as an inexpugnable Wall for the Christian People . Gregory the ninth saith , Regnum Galliae est quasi Pha●…etra quam Christus sibi circa femur accinxit , ex qua sagittas electa●… extr●…hens , 〈◊〉 ●…t sibi gentes & Regna subjiciat , in arcum brachii potentis em●… : France is a Quiver which Christ tied to his thigh , whence he draws Arrows for the subduing of Nations and Kingdomes , &c. Now , touching the point of Precedence , the notablest Contests that France hath had , have been with Spain in the Council of Trent , which lasted so many long years by intermissions : the relations wherof lie scatterd up and down in divers Histories , but we shall endeavour to give here a distinct and uninterrupted Narration thereof , but first we will speak of a signal Contest in Venice . The famous Contest twixt the most Christian and Catholique Kings in Venice , as also in the Council of Trent . IT is well known how that before the rearing up of that huge Colosse of the House of Austria , which was Anno 1516. when Ferdinand of Aragon died , Charles rendred himself very potent both in Italy as well as in Spain . But he encreasd more strength after the death of Maximilian , being chosen Emperour in his place , at which time he was mounted to the highest pitch of sublimity and power : I say , t is well known how till that time the Kings of France were acknowledged the first after the person of the Emperour , who hath still preference given him before all secular Princes whatsoever . Now , the Question was never Sur le tapis , was never controverted about Priority twixt France and Spain till the house of Austria started up to that enormous greatness . And although before Charles the fifth ther were Six Emperours of that House , and that the quality of Emperour gives precedence to any who legally possesseth the title , be he of what Family soever , yet that Prerogative is not given to any of their posterity being not calld to the Empire . In regard in Electif States the Election adhering only to the person of the Elected , gives the Eminence only to his person , excluding all other ; yea his own Sons unless they be formally elected , although in Successif hereditary patrimonial Estates t is otherwise . Insomuch that the house of Austria hath no more right to the Empire then the house of Saxe , Luxemburg , or Brandenburg , with other Families who were Caesars before them . Another House which much strengthend that of Austria , was that of Burgundy , which yet was feudetary to France , as also the Counties of Flanders and Artois , though the rest of the seventeen Provinces ( which came to Spain by this alliance with Burgundy ) are Fiefs of the Empire . The other Houses who did aggrandize Charles the fifth , were Castile and Aragon ; Castile came to be a Kingdome but after the yeer 1000. And the Kings of England took always precedence of them . Arragon was but a small State , feodary to the Church of Rome , until the Kingdome of Naples which is also a Fief of the Church was annexd unto it . Hereunto as Fortune wold have it , were added the West-Indies , discoverd first by an Italian , and offerd to the King of England . Then by alliance with Portugal the East-Indies came also to the Crown of Castile . This increase of Countries raisd the Spirits of the Spaniard to claim Precedence of France and England , two of the most ancient Christian Kings . And to go more methodically to work , we will divide the State of the house of Austria to three times ; First , to that which preceded the year 1519. when Charles was establishd in the Empire ; The second during his Raign , until he retird to a Claustral Life Anno 1555 ; The third to his Progeny since . Touching the first , t is certain that notwithstanding the promotion of this Family to the Empire , yet it continued still homageable to the Empire : For Philip the Father of Charles the Emperour rendred solemn homage to the Chancellor du Rochefort , and Charles after him for the Counties of Flanders and Artois Anno 1507. so that the said Charles being born in Gant , was born a Vassal to the King of France . That in the Interview of Lewis the twelfth , and Ferdinand of Aragon Anno 1507. at Savona , although King Lewis usd great civilities to Ferdinand coming to visit him upon his own Territories , and so gave him Precedence , yet the world knows that it was but by way of Complement : But before Charles mounted the Empire , this Dispute of Precedence never entred into the Spirit of Spain . In the year 1519. Charles was created Emperour , which Anno 1555. he resignd to his Brother Ferdinand ; and at the same time he made a voluntary and absolut Cession of all the rest of his Dominions to his Son Philip the second , except the Archduchy of Austria , and the dependences therof in Germany ▪ Philip though he succeeded in the Empire to which the Precedence only belongs , yet he endevourd to keep it still , under pretext that he succeeded the Emperour his Father in all his large her hereditary Dominions , who always took place in all Assemblies , Enterviews and Tretises , specially in the great Council of Trent , though it was confusedly , because two qualities were in him of Emperour and King which could not be distinguished or separated . But in the yeer 1555. when meditating upon a retirement he resignd the Empire to his Brother , and all his Kingdomes to his Son Philip , perceaving that his Son could not take precedence of the King of France because he was not Emperour , He made use of another artifice for conserving this pre-eminence for his Son as well as for his Brother . Before his retirement he revokd Don Francisco de Vargas his Ambassador in Venice , who had always taken precedence of the French Ambassador without scruple : Now , after his resignation of the Empire , he sends again the said Vargas to Venice as his , and also his Sons Ambassador joyntly , though indeed he was but Ambassador only to the King of Spain : But he thought to over-reach the Venetian because he employd still the same man qualified in apparance as formerly . Vargas demanded of the Senat the same precedence as formerly , which the Bishop of Lodeve , Ambassador at the same time to Hen. 2. of France , opposd , remonstrating to the Senat that Charles was no more considerable to the world being a reclusd person ; And if the Ambassador of Ferdinand to whom he had transferrd the Empire were present , he wold yeild place unto Him , but he wold not come after the Ambassador of King Philip. The Senat apprehending some ill issue from this Dispute , orderd that neither of the Ambassadors shold be present at the Feast of St. Mark ; and so the business remaind at a stand by the irresolution of the Senat , and the simplicity of the French Ambassador , who at last was contented to give way to the Ordinance of the Republique in favor of Vargas . But Anno 1558. Francis de Novailles Bishop of Acs succeeding him of Lodeve , renewd the Dispute ; and the Ambassador of Ferdinand arriving about the same time , Novailles demanded of the Senat to be maintaind in his Rights , and to have the first place next the Imperial Ambassadors , and so took it couragiously before Vargas , who observing the cunning of the Emperour Charles , ( who died in this conjuncture of time ) was discoverd , and that he passd for no more then for the Ambassador of King Philip , Vargas began to speak high of the Grandeur of his Master , and to display the large Dominions and States he lorded over , far more in numbee then those of the French King ; alledging that these Customs of Honor and Antecedences ought to be alterd according to the times : That his Master was the greatest King of the world , That he was able to assist the Republique with Arms , Men and Mony more then the King of the French , &c. But the Bishop of Acs though much heat intervend , obtaind of the Senat a Deer●…e wherby the precedence was adjudgd him before the Spanish Ambassador ; who loudly complaining therof , the Senat made answer , That the Republik did not trouble her self to examine the greatness of their Majesties , but she found within her Registers that in all Acts both publik and privat , in all Ceremonies , Visits , and Audiences , the Ambassadors of France preceded those of Spain ; wherin she wold acquiesce . This answer offended King Philip , who therupon revokd his Ambassador . But Michael Surianus Ambassador for the Republick in the Spanish Court , defended the Decree of the Senat very vigorously , and in some mesure appeasd the spirit of King Philip , who notwithstanding advancd this question upon all occasions . The greatest endevours he usd , was four years after in the Council of Trent , which was the greatest Theatre of Religion and Honor that had been seen above a hundred years before , wherof we shall give an exact Relation as followeth . Of the Council of Trent . A General Council after the Revolt of Luther Anno 1517. was desird by all Christians , and often proposd by Charles the fifth and Francis the first of France to Pope Leo the Tenth , Clement the seventh , and Paul the third , who at last convokd an Oecumenical Free Council to be held at Trent , which was also kept at Bolonia some part of the time , and ther were ten Sessions made in eighteen months . Then it ceasd until the death of Paul the third , 1549. The Cardinal Iohn Maria de Monte who had bin first President of the Council under Paul 3. succeeded by the the name of Iulius 3. who presently made an Indiction of the Council again , which recommencd at Trent Anno 1550. and lasted also under this Pope above 18 months ; during which time ther were six Sessions : but being summond again by the same Iulius , it ceasd under Marcellus 2. who held the Pontificat but 22 days . Then it continued under Paul 4. Anno 1559. Pius 4. succeeding him , made a new Indiction of the Council again , which began 1561. under whom it lasted two years , during which time the nine last Sessions were made : Insomuch that the whole Council by intermissions lasted about eighteen yeers , from the year 1545. to 1563. but the Council sate together in deliberation but five years , take all the Adjournments together . Now , to understand the Right of the Precedences of Ambassadors , we must know that in the said Council three kinds of Assemblies were made , viz. Congregations General , Particular Congregations , and Sessions . In the particular Congregations the Doctors assisted by some Bishops examined Questions of Faith and Reformation , according to the distribution that was made them ; and in this ther was no consideration had of Precedence or Ceremony ; They were Actions intra privatos parietes , within privat Walls . In the General Congregation all the Prelats assembled , and the Legats presided , who proposed what ought to be treated in the particular Congregations : There the Theologians were heard , and Ambassadors of Princes had audience after their Commissions had been examined . In brief , all things were concluded there which were to be promulgated in the following Session , and Ambassadors had their places there according to their Rank . At last the Session was the solemn day , at which after the Mass of the Holy Spirit , and a Sermon preachd by some Prelat , or great Theologian , the Prelat Officiating , pronounced aloud the Decrees already resolvd upon , which had been approvd by the Fathers by this Canonical word Placet . Now all Ambassadors had their seats of honor in those Sessions , and at Mass ; and this Honor appeerd by the places where they sate , as also by the Censer and Pax which were given them to kiss during the celebration of the Mass. In the Council held by Paul 3. and Iulius 3. Charles the Fifth was Emperour , and without any the least contradiction his Ambassadors preceded all others , though the French scarce appeerd there , and in the 16 first Sessions ther was hardly any Prelat of France : so there was no dispute of any precedence at all , the Emperour having the first rank ; and ther was no occasion at all for any Ambassador from the King of Spain , because it was involvd then in the Empire : yet ther intervend some things which declard the Prerogatives of the King of France . First , in the Bull of indicting the Council by Paul 3. the King of France is namd expresly after the Emperour , and all other Princes spoken of in general terms without any name , in these terms : Charissimos in Christa Filios nostros Carolum Romanorum Imperatorem semper Augustum ; Et Christianissimum Regem Franciscum duo praecipua Christiani Nominis firmamenta atque fulchra or are atque obsecrare instituimus . Then a little after : Supra autem dictos Imperatorem Regemque Christianissimum , nec non caeteros Reges , Duces , Principes quorum praesentia si alias usquam , hoc quidem tempore maxime Sanctissimae Christi Fidei , & Christianorum omnium futura est salutaris , rogantes atque obsecrantes per viscera misericordiae Dei , &c. We have appointed to desire and pray our most dear Sons in Christ , Charles Emperour of the Romans always August , and Francis the most Christian King , the two chiefest Supporters and Props of Christianity , &c. So that ther is no other Prince particularly namd in the Bull but the Emperour and the King of France , the other Kings and Princes go under one general notion , which is a great advantage of Honour to the Kings of France . Secondly , From the entry of the Council 1545. Francis the first of France had appointed for his Ambassadors Claude d' Urfé Seneshal of the Forests , Iacques de Ligneres President of the third Chamber of Enquests , and Dean Peter Danes afterwards Bishop of Vaur : but being advertisd by some Bishops which were at Trent how ther were but little hopes that the said Council was like to have good success , he revokd the said Ambassadors who appeerd not at all in the Council . But Anthony Filiolo Archbishop of Aix being there , and demanding that in the publik Prayers which were made for all Christian Princes , the King of France shold be expresly nominated as he was in the Bull of Indiction : the Legats eluded this demand , insomuch that the Pope and the Emperour were only namd in the Prayers , and all other Princes conceavd in General terms . In the yeer 1546. King Francis 1. sent Peter Danes Bishop of Vaur for his Ambassador to the Council , where making an eloquent Oration , he represented the sad state of Christendome , and the disorders which were crept into the Church , yea into the Roman Court : wherupon one Bishop laughd , saying , Gallus cantat , The Cock crows . Danes replied suddenly , Utinam illo Gallocinio Petrus ad resipiscentiam & fletum excitetur ; I wold to God that by this crowing of the Cock Peter wold be raisd up to repentance and tears . And this saying was afterwards in evry ones mouth . In the yeer 1547. Paul 3. in regard of the Plague and Wars then in Germany , transferrd the Council from Trent to Bolonia : but this he did , Communicato etiam Consilio cum Imperatore , Christianissimo Rege , & aliis Regibus ac Principibus Christianis , where the King of France is particularly namd . In the yeer 1551. when Iulius 3. had re-established the Council again at Trent , although Hen. 2. the King of France had entred into a hot War against Pope Iulius for the Affairs of Parma , yet he employd Iaques Amyot Abbot of Belosana , and afterwards Bishop of Auxerre with a Letter bearing this Inscription , Sanctissimis in Christo & observandis Patribus Tridentini Conventus . Which Letter the said Amyot having delivered to Cardinal Crescentius President of the Council , and the Secretary having read the Inscription , the Spanish Bishops cryed out , That it was a wrong done to the Council to call it Conventum , a Convention , therfore protested against it . Nevertheless after long dispute upon the signification of the word Conventus , it was concluded that it might be taken in good part . The Elector of Mentz to apologize for France , stood up and said , How shall we receave the Papers of the German Protestants which we call Concilium Malignantium , if we reject the King of France's Letter for calling us Conventum ? Hitherto Charles the Emperour being also King of Spain , ther was no Question of Precedence : but at the third Indiction of the Council by Pius 4. Anno 1561. ther were divers clashes happend twixt the French Ambassadors and those of Philip , which engendred great jelousies twixt the two Crowns , and high Contests which happend principally from the imprudence of Pius 4. In his Bull of Indiction he used other terms then Paul 3. and Iulius 3. did ; for he names not the King of France as formerly , but involves him under the general notions of other Christian Princes : Therupon Philibert de la Bourdesiere Bishop of Angouleme , Ambassador for the King in the Popes Court , complaind of this omission in the Kings name ; yet with a protestation , that notwithstanding this misprision and prejudice to his Crown , he wold not hinder the continuance and progress of the Council whither he had commanded his Bishops to repair . The Pope made answer , that he had given order to some Cardinals to draw the Bull , and it seems they had not been careful of this punctilio : for having namd the Emperour , they judgd it not so necessary to name all Kings , but to comprize them under one general notion : wherupon the French Ambassador replyed , That it was one of the Prerogatives of his most Christian Majesty not to be involvd in generals , but in express terms . The Pope rejoynd , That he could not foresee all things , and for the future ther shold be a care had ther shold be no such omission . In the yeer 1562. ther arrivd at Trent , Lewis de Saint Gelais , Lord of Lansac ; and three days after Arnaud Ferrier , and Guy du Faur Pybrac , Judge of Tholouse , who were receavd very honorably by the Council : nay , a gr●…at part of the Prelats subject to the King of Spain , went out to meet them ; but Ferdinand de Avalos Marquiss of Pescara and Ambassador to King Philip , departed from Trent three days before , and retird to Milan , wherof He was Governor , under pretext that ther were some apprehensions of danger from the Hugonots of Dauphine , and from the Swisse ; But in effect it was to avoid the meeting of the French Ambassadors who took place in the General Congregation next the Imperial . The Lord of Pybrac made a notable Oration , wherin speaking against the enormities of the Church , the small progress the Council had made in so long a time , and also for freedome of Opinions , it was not fit to stand waiting of things so long from Rome : and being seconded by Lansac and Ferrier upon the same subject , the Pope complaind therof , and spoke loud that the King of France had not sent Ambassadors to the Council , but rather Advocats for the Hugonots , &c. The French Bishops arrivd afterward at Trent in November , conducted by the Cardinal of Lorrain , who was receavd honorably by the Cardinal of Mantua , and other Legats ; but hitherto the point of Precedence was not touchd . A little after the Arrival of the Cardinal of Lorrain , and the Gallican Bishops , Philip the second having revokd the Marquiss of Pescara , employd to Trent Ferdinand Quiniones Count of Luna in quality of Ambassador , who having passd before to Germany to be assistant at the Coronation of Maximilian Son to the Emperour Ferdinand , the Count of Luna desird to know of the Fathers of the Council what place he shold receave . Therupon the Cardinal of Mantua the chief Legat having consulted the Ambassadors of France , and the Cardinal of Lorain , he proposd unto them a form of Accommodation , That concerning them they shold hold their place next the Imperial Ambassadors , and another place shold be given the Count of Luna opposite to the Legats on the other side , or after the Ecclesiastical Ambassadors , or in some other part out of the bank of Ambassadors . Wherunto the French replyed , That they were employd by their King not to judge of Processes , or decide the Rights of King Philip , who was a good Frend and Brother-in-law to Charles the ninth ; But if any offerd to take that place which was due to them , they were resolvd to defend it against any person whatsoever . And if the Council wold question it , they had in their Instructions order to withdraw themselfs with all the French Prelats , and to protest against the nullity of all resolutions that shold be there transacted . To this the Legat made no reply . This Answer in apparance was fair and generous , but in effect it gave occasion of affronts , which afterwards were done to the French at the Council , and tended to strengthen the pretensions of the Spaniard , which continue to this day . For the Right of the King of France is not only to be immediatly next the Emperour , but to see all other Kings come behind him : insomuch that it was the French Ambassadors duty at that time to stand still upon it , and oblige the Count of Luna to take his place after them ; but to permit him to sit elswhere , was to cut out matter for a Process : For although the French Ambassadors did hold their places , yet to suffer the Count of Luna to sit apart , was tacitly to receave him into an equality : Insomuch that as well in this first rancounter as afterwards when the dispute happend in the General Congregation , the Cardinal of Lorain was blamd that he was not punctual enough in things relating to his Masters Honor. In the yeer 1563. the Legats apprehending some clash twixt the Spanish and French Doctors in point of Precedence of delivering their Opinions , ordaind , that without distinction of Nation evry one shold speak according to the antiquity of his Doctorship . And because ther were some French Doctors that were more ancient then the Spanish , yet not permitted to speak first , the Legats quickly satisfied them , saying , That the Doctors do not represent the Prince his person as Ambassadors use to do . But to compose these differences which grew very high , the Doctors were divided to four Classes ; and it was orderd that those which were sent from the Pope being de Iure to speak first , the French Doctors shold speak next ; which was accorded by the Legats : Therfore it was voted that after Salmeron the Jesuit , and the Popes Theologue , Nicholas Maillart Dean of the Faculty in Paris , shold speak , and after that , evry one shold speak according to his reception into the degree of Doctor , which was practisd accordingly . But to content the Spaniard , it was couched in the Register of the Council , that the French Doctor Maillart had spoken according to his antiquity into Doctorship , no relation being had to precedence of Nation . In the same year 1563. on Easter-day the Count of Luna was receavd at Trent ; at his entry he marchd between the Ambassadors of the Emperour and the King 's of France . This action passd with much honor and civility twixt both Nations ; and the same time the Cardinal of Lorain writ to the Emperour Ferdinand , who was then at Insbrug in the County of Tirol three days distant from Trent , upon divers affairs of the Council , and at the end prayed him to find out some temperament for allaying the dispute of Precedence twixt the two Crowns . But this clause of the Cardinal to the Emperour was blamd by divers , for he shold not have desird a temperament in the business , but demanded Right . The Emperour made answer , That it did not concern him to determine the Differences twixt the two Kings in this particular ; But to speak his sentiment herin , He thought that if the French Ambassadors come immediatly after His , and that none disturbs them , what matter is it where the Spanish Ambassadors sit ? But these words were held to be of dangerous consequence : For in point of Precedence , whosoever quits his place is presumed to scorn it , and seek after a higher ; which cannot be done without a prejudice to them who sate higher before . Upon the 21 of May , at the General Congregation , the intention of the Spaniards appeerd more cleer : The Count of Luna after the foresaid solemn Entry absconded himself for 40 days , without appeering openly in any Ceremony or publik Act ; and so being puzzled what cours to take in this busines , Somtimess he resolvd to enter the Assembly in the midst of the Emperours Ambassadors , aud after they were ●…ate to stand by them while his Commission was verified , and then retire to his House . But thinking this cours not generous enough for his Masters honor , He prayed the French Ambassadors not to be there that day ; which being denied him , the Spanish Bishops proposd that Secular Ambassadors shold be prayed not to enter into the General Congregations , but only the day of their Reception , and that They wold be contented to assist the Ceremony at the Session only ; alledging , that it was practisd so in other General Councils . But all the Ambassadors did mainly oppose this . Then it was privatly suggested to the Spanish Bishops by the Count of Luna , that they shold propose some point that might make the French Ambassadors Parties , and so not capable to sit in the Assembly . As for example , they shold represent the Domages which the whole Church hath receivd by the peace which the King of France had made with the Hugonots , or some such other thing . But that also taking no effect , and the Congregation being put to delays from day to day by the obstinacy of the Count of Luna , at last that the Affairs of the Council shold not be retarded , the Cardinal of Lorain and the French Ambassadors declard to the Legats , that , provided their place shold remain immediatly after the Imperial Ambassadors , they did not much heed what place the Ambassadors of Spain shold take . This weakness of the Cardinal , and of the French Ambassadors , did scandalize all Christendome ; and in France they blamd Him to have betrayed the Honor of their Master ; Nay , the Fathers of the Council took it in ill part , and at Rome the Cardinal de Bourdesiere who was with the Pope for the King , having complaind of this Spanish Ambition , and of this Innovation introducd against the Ancient Orders , Pope Pius made answer , That he shold blame the French Ambassadors , and their imbecility ; For his part , although he had bin sollicited before and after the Count of Luna's arrival at Trent , that he shold favor this dessein , yet He remaind constant and inflexible ; and He wonderd that the French Ambassadors were wrought upon so easily . The great day of the Congregation being come , and evry Ambassador having taken his place , the Count of Luna enters , and seats himself face to face to the Legats , a good distance from the bank of the Ambassadors ; and standing up , he presents his Orders , and the Will of his Master ; protesting afterwards , that although the first place was due to him after the Emperours Ambassador , as representing the greatest Prince of Christendom , the greatest Pillar of the Church , &c. yet not to introduce any confusion in the affairs of the Council , he deported himself from this Right ; yet with condition that this his Protestation shold be inserted in the Acts of the Council , and that they shold not be printed or publishd without it ; besides , that a Copy shold be delivered Him by the Secretary of the Council . When he had said these words , he took the place which was appointed Him neer the Table of the Secretary of the Council . Therupon the French Ambassadors who were next the Imperials , said , That if the place which they had were not the most Honorable after the Emperours , as it was acknowledgd in all Councils , and namely in the Council of Constance , and in the last Lateran Council held under Leo the tenth ; Or if the place they had given the Count of Luna was any way prejudicial to them , they prayed the Council to provide presently either by Orders , Commandments , Excommunications , or other courses taken in such a case , without having any regard to the person ; But because no body spake a word , and that also the Imperial Ambassadors connivd at this Innovation , although they had equal interest to hinder it as well as the French because it might be disputed on against them , they added , that without any blemish to the Honor of King Philip , and to the alliance of the two Crowns , they protested for a nullity of these Proceedings , and requird that their Protestation might also be inserted in the Acts of the Council , and a Copy deliverd them . After these Disputes , the Fathers of the Council not saying any thing , Fontidon a Spanish Doctor made a Latin Oration in the name of the Count of Luna , wherin he exalted the Grandeur of the King of Spain , His Zeal to Religion , and the Church in such extravagant expressions , and so derogatory to other Princes , that the Imperial Ambassadors themselfs made complaint therof to the Count of Luna , who excusd himself , saying , That that Harang had displeasd Him as much as any other . Now , the Promoter of the Council having made answer to the said Oration , the Spanish Ambassador suddenly went from the Assembly , ( not staying until the Legats had risen up ) it seems of purpose to prevent a Dispute that might happen with the French , which He observd also in the following Congregations , sitting always a part , and going out alone . But the same Order could not be observd in the Church upon the day of the Session , because the mode of sitting was otherwise , and the Ceremonies were more precise in point of Precedencie , as that of the Pax and Censer at the celebration of Masse . Therfore the Fathers of the Council consulted the Pope before the Session , who being gaind by the Spaniards , and thinking also that the French wold shew another trick of weakness , He writ to his Legats , That although in the Session a place was given apart to the Spanish , yet that the Pax and Censer shold be given to both the Ambassadors at one time : But they were commanded to keep the business secret until the very point of the action , to prevent that the French shold make no stir . The day of the Session being come , which was 29 Iune , being St. Peters day , after that the Bishop of Valdasto in Savoy had begun to sing the Mass of the Holy Spirit , ther was suddenly a chair of Black Velvet brought from the Sacristia or Vestry , which was plac'd twixt the last Cardinal and the first Patriark , wherin the Count of Luna sate ; The Cardinal of Lorain , together with the French Ambassadors , made a great noise , and did rise up with an intention to depart , when they understood that the Pax with the Censer shold be presented at the same time : But for fear to trouble the solemnity of the act , they were contented to protest only against it , and to declare that the Right of the King of France did not consist in an Equality , but in Precedence . The Gospel being read , and a Theologue going up to the chair to make an Oration , the Legats , with the Cardinal of Lorain , and the other Cardinals , with the Ambassador of the Emperour , and Ferrier the second French Ambassador , ( for Lansac was returned to France , and had left behind him Ferrier and Pybrack ) I say , all these enterd into the Sextry , whither they calld the Archbishop of Granada , ( a Spaniard ) to find out some way of Accommodation : at last , after many disputes and contestations on both sides , with many entrances and returns of the Count of Luna , it was concluded that Mass shold be ended with the Pax or Censer ; wherupon Luna went out of the Church accompanied by his Spaniards , triumphing as it were that he had made this first pass for the advantage and honor of his Master . This action seemd very scandalous , and the Legats were much cryed down , until at last being not able to bear the outcry , they were constrained to produce the Commands they had receavd from Rome : and the Injury was held the more sensible , because it was offerd to an Infant and Pupil King as Charles the ninth was , who was at the same time assiegd by the Hugonots , and entangled in a Civil War ; The Cardinal of Lorain did write stinging Letters to the Pope , yet all within the compass of Reverence : But Ferrier being a spritful and violent man , cryed aloud , That if at the first publick Masse the Preference of the Pax and Censer was not given to his Master , He wold protest not only against the Legats and the Council , who had their hands as it were tied up , nor against King Philip who made use of these advantages , nor against the Church of Rome , ( towards which he wold never loose due respects ) but against the proper person of the Pope himself , who , as he wold prove , had bought the Pontificat , and so wold appeal from Him to a Legal Pope , and to a free and tru Council ; And if the most Christian King his Master wold convoke a National Council , it shold be as numerous and It is very tru that Ferrier and Pybrak had prepard a most acrimonious Harang against the Pope , and against this Innovation which Ferrier was to pronounce , and to command at the same time all the French Bishops and Doctors to retire home , with a promise they shold return when God shold please to give his Church a Legal Pope , and re-establish the Councils in their ancient and full Liberties . This Harang was printed , but not pronouncd : in the mean time the Count of Luna did glory that the Legats had promisd Him that at the first Masse he shold be receavd in an Equality touching the Pax and the Censer . The Legats apprehending some ilfavourd issue from these rancounters , and because the Ambassador of Poland declard that if the Ambassador of France wold withdraw himself from the obedience of the Council he wold quickly follow him , as the Ambassadors of divers other Princes wold do ; The Legats , and the most advised Members of the Council , specially Madruccio Cardinal of Trent in behalf of the Emperour , thought it expedient to sing publick Masse without giving the Pax or the Censer ; wherunto they had the consent of the Count of Luna . This is the cours which was taken to offer so signal an affront to the King of France , wherof so much hath been spoken , and which hindred the good that was expected in France from this great Council . A little after , the Cardinal of Lorain retird to Rome , and Ferrier declaimd loudly in one General Congregation against the enormities and disorders which had crept into the Church , &c. The Pope took this much to heart , and for to sweeten the business , he sent the Cardinal of Lorain back again to the Council with full authority to regulat , together with the Legats , what was amiss in the Proceedings of the Council . He assisted at the twenty fourth Session held the 11 of Novemb. 1563. the day of the Sacrament of Marriage , and having receavd order from France to retire speedily with all the French Bishops , the Legats hastned the conclusion of the Council , and inorderd that the five and twentieth and last Session shold be held the third and fourth day of December , wherin as before , the French Ambassadors took place , and the Count of Luna sate neer the Secretary of the Council ; and in the publick Masses ther was no speech either of the Pax or Censer . So the Council of Trent finishd the 4 of December 1563. and Cardinal Moron who was then President gave the publik Benediction to the Fathers , saying , Post gratias Deo actas reverendissimi Patres Ite in pace : Most reverend Fathers , after giving God thanks go in peace : wherunto all answerd , Amen . But because the custome is , that at the end of evry General Council acclamations shold be made to felicitat the Popes who had convoqud it , the Fathers who had held it , and the Princes who had assisted , the Cardinal of Lorain took a particular care this shold be performd , for which he was censurd as a care too inferior to his Eminence , which he shold have left to the Deacons , Promoters , Secretaries , and Masters of the Ceremonies of the Council . But above all he was blamd that in the Acclamation made for the Secular Princes , he causd not the name of the King of France to be particularly mentiond , as it was observd in the Bull of Indiction ; and for omission wherof , complaint was made that Pius the fourth did it not , wherof the Cardinal could not be ignorant . Now , the Acclamation that was made in favor of the Secular Princes , ( wherin the name of the King of France was omitted ) ran thus : The Cardinal said aloud , Caroli quinti Imperatoris , & serenissimorum Regum qui hoc universale Concilium promoverunt , & protexerunt , Memoria in Benedictione sit ; Let the memory of the Emperour Charles the fifth , and of the most serene Kings who have promoted this universal Council , be always Blessed . Then , Serenissimo Imperatori Ferdinando semper Augusto , Orthodoxo , & Pacifico , & omnibus Regibus , Reipublicis , & principibus nostris multi anni : Many years to the most serene Emperour Ferdinand ever August , Orthodoxal , and Peaceful ; and to all our Kings , Commonwealths , and Princes . Then the Fathers answerd , Pium & Christianum Imperatorem Domine conserva , Imperator Caelestis Terrenos Reges Rectae Fidei conservatores custodi : O Lord , conserve the Pious and Christian Emperour ; O Coelestial Emperour defend Earthly Kings , Conservers of the Right Faith. The first Acclamation was for the Dead , wherin the Cardinal forgot to express the name of Francis the 1. and Hen. 2. who had contributed their care and zeal for the good of the Council . The second was for living Princes , wherin he also omitted the name of Charles 9. for which the said Cardinal was blamd at the King of France his Council . He excusd himself that it was for the fear he had to put division between the two Kings ; and withal , that Charles of France being yet a minor , he was like to be troubled about matters of Religion in regard of the Hugonots , and might have need of King Philip , therfore it was no wisdom to exasperat Him. Thus have you a kinde of Epitome of the great Council of Trent , specially of the celebrous Contests , Intrigues , Competitions and Artifices twixt France and Spain in point of Prerogative of Place , and Priority of Session . The next Contest was at the Congress of Ambassadors in Vervins , 1598. ( touchd at before ) where the French Ambassadors receivd an Accommodation by the moderation of the Cardinal of Medici . The manner of this Accommodation was thus : The Cardinal Legat being under a Cloth of State at the end of the Table where the Treaty was to be held , had upon his Right-hand the Nuntio , and next Him the Spanish Ambassadors ; upon his Left-hand the Legat had the French Ambassadors , and in that posture they proceeded to negotiat and Treat without any exception or animosities ; wherby the Business producd peaceful and blessed effects , wherof all Christendome did reap very wholsome fruit . After this , ther happend a tough competition upon the same account of Precedence in the Court of Rome ; and when the Spaniard could not prevail there , He went to the Emperours Court Maximilian the second his neer Kinsman , wher his Ambassadors had the Prerogative of Place before the Ambassadors of Charles the ninth King of France : wherupon Gaspar Coligni protested loudly against this apparent injury , and that it was a sufficient cause to denounce War. But Mendosa the Spanish Ambassador being much pressd hereabouts , and reducd to a narrow streight , found out at last this witty evasion , saying , Se nolle quidem anteire , tamen cogi non posse ut Francorum Legatos sequeretur : If He did not go before , yet He could not be forcd to follow the French Ambassador . Besoldus ( with others who are great Advocats for the Spanish Precedence ) beat their Brains to find out arguments to that effect : amongst which , the greatest is , the multitude of Dominions that have accrued to the Spaniard : whence they deduce this Principle , Ex facto sumitur Ius , Right is to be taken out of the Fact ; and the Fact being changd , the Right also changeth . Therfore the Fact and circumstances of things being changd on the Spaniards side , and respect had to his encrease of Territories , and present condition , it may well alter the former custome of giving precedence to France . Then he takes the Cudgels against England in behalf of Spain , notwithstanding that he acknowledgeth out of Meteranus that the English are the most ancient Christians , and that Germany his own Country owes her Religion first to Them ; That the Kings of England are descended of the Noblest Families of any , which makes him instance in King Cunobelinus , whose Coyn is to be seen to this day , who raignd in Great Britain about our Saviours Nativity . He alledgeth further how the King of England is feodary or subordinat to no earthly Power , but is Gods immediat Vicar in his own Dominions : yet he concludes simply and irrationally in these words ; Verùm & Angli nimis antiquis argumentis pugnant , & praesenti Majestati Hispaniae aequiparandi minimè esse videntur : The English fight with too ancient arguments , and seem not to be compard to the present Majesty of Spain . He speaks also as simply , and indeed not without some absurdity , when after those uncontroulable arguments , he saith , Sed porro absonum est quod Anglus Hispano Sessionis litem movet ; It is a senseless thing that the English shold move any debate with the Spaniard for privilege of Session . And another great Champion for the Precedence of Spain , viz. Diego Valdez , discourseth as weakly ; for notwithstanding that he acknowledgeth Lucius to be a Christian King of England in the time of Pope Eleutherius , ( which was many hundred years before ther was any in Spain ) & that he confesseth that Summa Ratio est quae ducitur à Religione , yet he wold not have England compare with Spain in point of Precedence : wherby he discovers not only a great deal of injustice and partiality , but also a gross Ignorance in Antiquity , by calling Lucius King of England , wheras this Country had not that Name till the Saxons came in , which was above three hundred years after : For till then t was calld Britannia by all Forreners , and Loegria or Lloygher by the native Inhabitants ; which name continues among the Welch to this day . Nor is this His Error alone , but of many other great Antiquaries , and some of our own Authors , who having no due regard to the computation of time , do very frequently call this Country England many hundred of years before the word was created . Thus have we producd and faithfully alledgd the principal Arguments that France hath for a Precedence : We will conclude with two late Passages which happend in this kind ; One was in the Hague twixt Monsieur de Thou , and Don Estevan de Gamarra the Spanish Ambassador ; whose Coaches meeting casually in a place where ther were two Rails , ther happend a scustle for Precedence ; but a band of Soldiers came and kept them quiet till notice was sent to the Council of State ; who sitting three or four hours about it , at last they gave command that the Rails shold be cut down ; and so the way being left open , the scustle ended . The second was in London twixt Monsieur l' Estrade and the Baron de Batteville , both of them Ambassadors at the English Court , the latter for the King of Spain , the other for France ; A new Danish Ambassador was to make his Entry through London ; and His Majesty of Great Britain having intimation that ther might be some clash between the Coaches of the foresaid Ambassadors if they sent them according to custome to bring in the said new Ambassador , He sent unto them that they wold forbear to send their Coaches because some inconvenience might arise : Batteville answerd , That he wold conform to his Majesties plesure , provided l' Estrade did likewise do so : But l' Estrade gave answer to the Kings Message , That his Predecessor the French Ambassador immediatly before him had receavd a check at his return to France for omitting this ceremony , and so was he like to do if he did not perform it . So both of them sending their rich Coaches and Laquays to Tower-wharf where the new Ambassador was to land , Batteville it seems had taken such a survey of the place , that his Coach stood in such a posture that none could get before it and the Kings Coach : besides , he had causd the Rains and Harness of his Coach to be lin'd with Wire , making them therby poof against the strokes of Swords : so ther happend a hot and fierce Scirmige , ther being Pistols on both sides besides Swords , and the French had some horsmen also ; so the poor Horses were slashd , and some Laquays killd on both sides , and one Spanish Gentleman was killd in the Coach : but Batteville stood firm to his ground , and so his Coach went next to the Kings all the way . News being sent herof to Paris , it was much resented , and the Spanish Ambassador there being confind to his House , he presently dispatchd an Expresse to Madrid ; who being returnd , He sent to the Louvre that he had receavd such Orders that wold give his Majesty satisfaction touching the late Traverses in England , and so desired Audience , which was appointed him the next day : In the interim command was sent that the Princes of the Blood and chief Officers of the Crown shold be there . The Spanish Ambassador being come , and expecting a privat audience , but finding such a solemn meeting , was a little stunnd at first ; yet he went on , and deliverd his Message to the King : which was , that touching the late Contest in England , it was done without his Catholique Majesties direction and knowledge , therfore he wold take a cours that no occasion shold be offerd for such differences herafter . Besides these , he pronouncd other Explanatory words that were equivalent to an acknowledgment of Precedence to his most Christian Majesty , which were suddenly commanded to be registred in the Council for an Act of State , and so to stand upon Record to Posterity . Hereupon ther was a most prudent Act of State passd in the Privy Council of the King of Great Britain , That in regard of the inconvenience and disturbances which did thence arise , his Majesty commanded that no Forren Ambassadors Coaches shall for the future go to accompany and introduce any new Ambassador whatsoever , because his Majesties Coaches are sufficient to accompany them in a fitting Equippage : which Act I believe will be a leading case to all the Courts of Christendome . Before we conclude this Section touching the Right of Precedence which the French King claims of other Princes , we will adde what Mr. de Breves says in his Appendix of the Negotiations in the East , where he says , That in the Raign of Henry the Great he took Precedence of the Ambassadors of Rodulphus the Emperour in Constantinople at the Port of the Turks Court , who values Christian Princes according to the merit of their Might . WE will now proceed to weigh and winnow the Arguments of Spain in order to a Precedence , which we will extract also , and distil out of their own Authors , as Valdesius , Francisco Vasquez , Camillo Borrello , Besoldus , Morales , Augusto Cavaisll , Caranato , with divers others . And let this be a Close to the second Section . The third Section , CONTAINING The Reasons wherby the King of Spain pretends , and claims Priority of Place , and Proximity of Session next the Emperour at all solemn Meetings , and in all Publik Transactions of State , &c. Which Reasons We will reduce also to Ten Heads or Arguments ; The first Argument , Proving , That the Catholik King may challenge Precedence , because Spain is the Noblest Kingdome of Europe , as being always accounted the Head therof . The second Argument , Proving , That the King of Spain may challenge Precedence by the Authority of General Councils , and the Learned Doctors of the Church . The third Argument , Proving , That the King of Spain may challenge Precedence , because Spain first receavd and professd the Catholik Faith ; That the first Christian Church was built there ; The first Council celebrated ; The first Bishop was elected out of Her , The first Emperour created , &c. The fourth Argument , Proving , That the King of Spain may challenge Precedence , because He is the Catholick King , which is a more ancient Title then Christianissimus . The fifth Argument , Proving , That the King of Spain may challenge Precedence because that in magnitude of Kingdomes , in Power and Tresure he excels all other . The sixth Argument , Proving , That the King of Spain may challenge Precedence for Nobleness of Family , and that the Kingdome of France did justly belong to Philip 3. The seventh Argument , Proving , That the King of Spain may challenge Precedence because he is King of Ierusalem . The eighth Argument , Proving , That the King of Spain may challenge Precedence because of free and absolut Dominion , and that he hath Empires under Him. The ninth Argument , Proving , That the King of Spain may challenge Precedence because he hath done such great Offices to the Christian Church . The tenth and last Argument , Proving , That the King of Spain may challenge Precedence because the Catholick Church receaves greater Protection and Emoluments from Him then from any other Prince whatsoever . OF all these Arguments we shall treat distinctly in several divisions according to the former method , and distil out of the chiefest Spanish Authors that write of this subject , the Elixir and strength of their Reasons . But let the Reader take this Advertisement , That he must not expect here the particular Quotations and Marginals wherwith the Spanish Writers use to abound , and which indeed belong to Civilians and Iurists : No , the Author here goes on in a freer and generous way , and the Reader without abusing his Faith may believe what he delivers , being extracted with much fidelity , and care out of the forementiond Authors who write for the Crown of Spain , and in their own expressions ; and so we begin with the first Argument , viz. That Spain is calld the Head of Europe , and consequently the Noblest Kingdome . I. THe beginning of evry thing as it is the hardest , so it is always accounted the worthiest and most Noble part , as being the head and source whence the rest are derivd : so our blessed Saviour is calld Principium & Caput , the beginning and Head wherof all the Faithful are Members : He is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as well as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; And his Vicar-general upon earth ( the Pope ) is calld Caput Ecclesiae Militantis , The Head of the Militant Church . For in the Head , as Philosophers teach us , Nature shews her chiefest skill in the architecture and composition of Man ( the Microcosm ) in regard that in the Head all the Senses are placd ; The Eyes which are the Casements of the Soul are there ; The Toung which is her chief Interpreter moves there ; Nay , all her Faculties , as the Will , the Memory , and the Intellect , by which we are distinguished from Beasts , have their dwelling there as in a Capitol : Therfore , as Cassanaeus saith , He is a Monster of a Man who wold compare the Body with the Head. Now , by consent of all , if the Head be the predominant part of the Body , surely He who governs the Head must be more excellent then He who governs the Body ; As the City of Rome being the Capital City of the Christian Empire , the Pope being Bishop of Rome , is acknowledgd the Metropolitan and chiefest among the rest , because he hath the excellentst City and Diocess . Now an Argument for Precedence drawn A Nobilitate Regni , carries much strength and reason with it : Therfore if the King of Spain be He who governs the Head of Europe , it follows that He may be calld the chiefest King. Now , to prove that Spain is so , we will produce these proofs ; First , the Authority of Pliny , who saith thus : Terrarum Orbis Universi in tres dividitur partes , Europam , Asiam , Africam , Origo ab Occasu Solis , & Gaditano Freto , quò irrumpens Oceanus Atlanticus in Maria Interiora diffunditur : The Globe of the earth is divided into three parts , Europe , Asia and Afrik , the Head is from the setting of the Sun , and the Gaditan Frete , which Navigators commonly call The Streights mouth , where the Atlantick Ocean breaking into the inner Seas diffuseth it self . Whence it appeers , that the beginning of Europe is placed in the Gaditan streight . Strabo likewise in his Cosmography , and others of the most ancient and best Geographers concur herin , among whom Nicephorus saith , In Hispania sedes fixerunt quae prima ab Hespero Regio est ; And Lucius Marinaeus Siculus , speaking of the situation of Spain , begins thus : Hispania sicuti Plinius aliique Scriptores tradiderunt , Regio prima in Solis occasu Europae terminos claudit . Abraham Ortelius also in his Theatre of the World , and Cassanaeus confess all this ; and while they compare Europe to a Virgin , Spain is placed in the head of her by the Geography of Ioannes Encys●…s ; And it may be provd by two Reasons that Spain is the Head , First , that since the Terrestrial Orb is begirt with the Sea on all sides , the Sea cannot diffuse it self to visit other Regions but by the Regions of Spain , where the Gaditan Streight is as it were a Fountain , beginning and origine ; where ther is a gate open , and whence as it were from a Head it derives it self through Europe , flowing one way into the Mediterranean , and on the other side into the Ocean , and so protends it self to Asia and Afrik ; insomuch that from this Head the other members proceed , and from this Spring other Seas flow out like Rivers , as Pliny commemorates in another place . Secondly , it make infinitly for the King of Spain , that he doth Lord over the New World where Asia , Afrik , Europe , and divers parts of the East , West , North and South do converse , and where Spain commands as Queen and Head , and reduceth dayly other Regions to the Catholik Faith as Members of that Head. It being thus provd that Spain is the Head of Europe , it remains to prove that it is the Noblest Region , and that it is a Kingdom then which the Sun doth not behold a more large and florishing ; for whatsoever hath Nobleness , Wit or Splendor in it , she hath . Ther is not any thing that can be expected from Nature , Vertue and Fortune , but Spain hath it abundantly ; she hath subdued most Noble Peeple , most Resolut Spirits , most Warlike Nations by Wisdome as well as by Arms : Therfore Spain is to have Precedence after Italy of all other European Regions . Hear what Iustine speaks of her : Hispania neque ut Africa violento sole torretur , neque ut Gallia assiduis ventis fatigatur , seà media inter utrasque hinc temperato calore , inde felicibus , & tempestivis imbribus in omnia frugum genera foecunda est , adeo ut non ipsius tantum Incolis , verum etiam Italiae , urbique Romanae cunctarum Rerum abundantia sufficat : Spain is neither roasted by a violent Sun as Afrik is , nor is she troubled with continual Winds as France is , but in a middle temper twixt both she enjoys a moderat heat with happy and seasonable showres towards the production of all kind of fruit , in such plenty that she hath not only sufficient to serve her own peeple , but she commonly furnisheth Italy and the City of Rome with her superfluities . What shall I speak of the amoenity of the Soile , of the salubrity of Air , of her excellent Metals , of her exquisit VVoolls , of her incomparable Iron and Steel , of her rare VVines , of her Silks , of her Riches and Tresure ! VVhat shall I say of the Fidelity and Fortitude , of the Temperance and Sobriety , of the Devotion and Sanctimony , of the Religion and Piety , of the Abstinence and Sobriety , of the admired Patience and Constancy of her Inhabitants ! Nor doth she supply other Nations with her excess of divers Commodities , but she furnisheth them with Emperours and Generals . We may read in the Maccabees that one of the Arguments which the Roman Captains usd , to terrifie the Iews , was , how that they had subjugated many parts of Spain . Hear what the famous Poet Claudian sings of Her in this Rapture : Quod dignum memorare tuis Hispania Terris Vox Humana valet ? primo lavat aequore Solem India ; Tu fessos exacta luce jugales Proluis , inque tuo respirant sydera fluctu ; Dives equ●…s , frugum facilis , pre●…iosa metallis , Principtbus foecunda piis ; Tibi saecula debent Trajanum ; series his fontibus Aelia fluxit , Hinc senior pater , hinc Iuvenum Diademata Fratrum ; Namque Aliae Gentes quas faedere Roma recepit , Aut Armis domuit , varios aptantur in usus Imperii ; Phariae segetes , & Punica Messis Castrorum devota cibo , dat Gallia robur Militis , Illyricis sudant Equitatibus alae ; Sola novum Latiis vectigal Iberia Rebus Contulit Augustos , fruges , aeraria , miles Undique conveniunt , totoque ex Orbe leguntur . Haec generat quae cuncta regit , nec laude Virorum Censeri contenta fuit , nisi Matribus aequè Vinceret , & gemino certatim splendida sexu Placillam , Mariamque daret , pulchramque Serenam . And wheras innumerable things do offer to be spoken to the glory of Spain , wherof both Poets and Prose-Authors are full , I will make choice here of that eloquent Character which Pacatus Latinus gives of her in his famous Panegyrik to Theodostus the Emperour . Nam primùm tibi Patria est Hispania Terra omnibus Terris foelicior , cui excolendae , atque adeo ditandae impensius quam caeteris gentibus supremus Ille Rerum Fabricator indulsit ; Quae nec Austrinis obnoxia aestibus , nec Arctois subjecta frigoribus , mediâ fovetur Axis utriusque temperte . Quae hinc Pyreneis montibus , Illinc Oceani aestibus , inde Tyrrheni Maris littoribus coronatae Natura solertis ingenio velut alter Orbis includitur ; Adde tot egregias Civitates , adde culta incultaque vel fructibus plena , vel gregibus . Adde auriferorum opes fluminum , adde rad●…antium Metalla gemmarum . Scio fabulas Poetarum auribus mulcendis repertas aliquando nonnullis gentibus attribuisse Miracula , quae dum sint vera , sunt singula , nec jam excutio veritatem , &c. In the first place thy Country is Spain , a Land happier then all Lands , which for Agriculture and Riches , the supreme Fabricator of all things hath indulgd more favorably then other Nations ; for it is not obnoxious to Southern Heat , nor subject to Northern Cold , but is cherishd with a middle temper of both the Poles . This side Spain is crownd with the Pyrenean Hills , on that side with the Breezes of the Ocean , then with the shores of the Mediterranean Sea , being fencd by the industrious hand of Nature , as if she were another world . Adde herunto so many gallant Cities , Adde cultivated and incultivated places , all either full of Fruit or Cattle ; Adde the Wealth of the Gold-bearing Rivers , Adde Mines of shining Metals , &c. The Renown of the Spanish Nation was before that of the Romans ; for the fame of their Valour did ring among the Greeks in the VVars of Peloponnesus ; and Alcibiades in an Oration that Thucydides mentions of his , calls them Fortissimos & Pug●…acissimos omnium Barbarorum , The Valiantst and VVarlikst of all the Barbarians , as the Greeks termd then all other Nations besides themselfs , which the Romans did afterwards . Annaeus Florus calls Spain Bellatricem , Viris Armisque Nobilem , Annibalis Eruditricem ; Warlike , Noble for Men and Arms , and who taught Hannibal ; for all the Exploits which he performd , he did with Spaniards . And observable it is , that after the Romanes had invaded the Provinces of Spain , they were the last whom they subdued , fighting in Her , and for Her in many desperat doubtful Battails , being somtimes Victors , somtimes Vanquishd , the space of about two hundred long yeers , wheras they did spend not neer so much time in bringing under the Roman yoke any other Country unless it was Great Britain , ( now England ) who also wrastled so long before she could be reducd to a general obedience ; which discovers the innated stoutness of the two Nations ; wheras all Gallia was brought under in less then Ten years , which may be the reason that Iulius Caesar ( their Conqueror ) shold say , Plebe Galliae nihil contemptibilius , Ther 's nothing so contemptible as the Peeple of Gallia . Argum. 2. That the Catholik King may challenge Precedence by the Authority of General Councils , and the Learned Doctors of the Church . THe Philsopher beats still upon the Anvil of Reason to make his Conclusions good ; The Mathematician by practical and visible Experiments brings his Conclusions to Demonstrations ; The Jurists and Theologues do commonly make good their Tenets by Authority of the Ancients , by Examples of Antiquity ; And indeed Responsa Patrum , Consulta Prudentum , have bin much reputed in all Ages ; ther was always a venerable and religious esteem had of them , so that it is held one of the strongest ways of disputing ; therfore the dint of this second Argument shall be to produce the Authority of ancient Oecumenical Councils , that the Noble Kingdome of Spain hath had the Precedence from time to time of France , and consequently of all other Countries . But let this previous Advertisement go before , That superiority of session , and subscription in General Councils , hath bin diversly usd : For sometimes the Bishops have not subscribd , taken place , or given their suffrages in their own names , but in the name of the Province or Kingdom which they represented ; and in that case ther is not so much regard had of the Person , or antiquity of Consecration , but the Dignity of the Nation , as it appeers in two Decrees of Gratianus : Therfore the Bishop of Milan did subscribe before him of Ravenna , though Ravenna be much the more ancient . This cours was observd in the Nicene Council , where the Bishops voted , and subscribd not according to Priority of Consecration , but Dignity of Provinces , and of the Souverain Prince who sent them . The like cours was taken in the first Constantinopolitan Council , and others . But as Baronius observes , to sit on the Right-hand doth nor always imply superiority of place ; for he relates according to the ancient order of Rome , that the Priests had sometimes the Right hand of the Bishops , as appeers by these words , Sedebunt ex locali dispositione ut intrantibus Ecclesiam Episcopi sint ad sinistram , Presbyteri verò ad dexteram ; & quando Pontifex sederit , & ad eos respexerit , Episcopos ad dextram , Presbyteros intueatur ad sinistram : They shall sit by local disposition so , that in entring the Church the Bishops shall be on the Left hand , and the Priests on the Right ; but when the Pope shall be sate , and looks upon them , the Bishops shall be on the Right , and the Priests on the Left. In the first Act of the Nicene and Chalcedonian Synod , it is left upon record that the Pontificial Legats sate on the Left hand , the Bible being placed in the middle of the Hall , which denoted that Christ was present and President . Moreover , in the celebration of the Masse the Epistle is read upon the Right hand , and the Gospel on the Left , though we know the Gospel to be the worthier of the two . This being premisd , we will now to the promised Authorities of ancient Councils . We read that in the time of the Apostles , and the very infancie of the Church , ther were four publik Assemblies or Councils ; The first was of about 120 of the Faithful who met to elect and substitut Matthias to be Apostle in the room of Iudas . The second , was to choose Deacons , in whose number the blessed Protomartyr St. Stephen was one . The third , was to confute Cerinthus the Heretique , and whether Circumcision was to continue . The fourth , was to give the Circumcision an honorable Burial . Now , it is to be observd , that before the two last were held , St. Iames the Apostle had travelld Spain , and having reducd that Peeple to Christianity , he brought over some of them to Hierusalem , who were in all probability present at those two last Councils : for in the Acts of the Apostles we read that all the Faithful were at them . Then was St. Iames the first Converter of Spain , made the first Martyr of all the Apostles , being beheaded by Herod Agrippa , 44 Anno after the Incarnation of our Saviour . It having appeerd that some Spaniards had bin at the first Councils of the Apostles , We will now pass to the Nicene Council , ( pretermitting the Ancyritan and Illiberitan Synods , with others ) Now , That of Nice was the first Universal or Oecumenical Council that ever was ; for it was convokd by authority of the secular power the Emperour being then become Christian. This celebrous Council was in the time of Pope Sylvester 325. And as in the Acts it stands upon record , the Bishops therin did not subscribe according to antiquity of Consecration , but according to the Dignity and Renown of the Province for which they servd ; Osius Bishop of Cordoua servd then for Spain , and Nicasius Diviensis for Gallia , but Osius subscribd first to the Canons of the Council , and they are the first most authentik and legal Canons of any , for the Emperour did consent therunto . Now as the Record hath it , 318 Bishops subscribd to the Acts therof , which begin thus : Osius Episcopus Civitatis Cordubensis Provinciae Hispaniae dixit ▪ Ita credo sicut superius scriptum est : Osius Bishop of the City of Cordoua in the Province of Spain , said , I believe so as it is written above . Victor & Vincentius Presbyteri Urbis Romae , pro Venerabili Viro Pap●… Episcope Nostro sancto Sylvestro subscripsimus , Ita crede●…tes sicut suprascriptum est : Victor and Vincentius Presbyters of the City of Rome , we have subscribd for the Venetable Man Pope our Bishop Saint Sylvester , beleeving so as is above written . Provinci●… Egypti Alexander Alexandriae Magnae , &c. Of the Province of Egypt Alexander of great Alexandria , &c. And when all Provinces had in their order and several degrees thus subscribd , the last supscription runs thus : Provinciae Galliarum Nicasius Diviensis , Of the Province of Gallias Nicasius Diviensis . I know the French have objected that Osius might be then Legat for the Pope , and so had precedence ; but not a syllable of this is spoken of in the Records of the Council . Others alledg , that Osius being a Man of extraordinary Renown at that time because he had had a great hand in the conversion of Constantin the Emperour , an extraordinary respect was born him ; for Nicephorus calls Him the Miracle of that Age , and Athanasius stiles him Patrem Conciliorum , Ducem , & Antesignanum : But Ambrosius Morales with others aver , that he subscribd first out of no other respect but as he was Bishop of Cordou●… , and represented the Noble Region of Spain : And for that regard He preceded also the Bishop of Constantinople , as it appeers in a Letter which was written from that Nic●…ne Council to the Pope , which runs thus : Beatis●…imo Papae Urbis Romae cum omni reverentia colendo Sylvestro , Osius Episcopus Provinciae Hisp●…niae Civitatis Cordubensis ; & Macarius Ecclesiae Constantinopolitanae ; & Victor & Vincentius Presbyteri Urbis Romae Ordinati Ex directione Tua . To the most Blessed Pope of the City of Rome to be worshipped with all reverence Sylvester , Osius Bishop of the Province of Spain and City of Cord●…a ; and Macarius Bishop of Constantinople ; and Victor and Vincentius Priests of the City of Rome ordaind by thy direction , &c. After the Nicene Council celebrated under Pope Sylvester , other Synods or small Councils met where the Bishops of remote Provinces did not repair , but they who were not far distant . But at the great Council of Sard●… ( for so t is calld by Athanasius ) ther assembled 300 Occidental Bishops , and 70 of the Levant , who were most of them Arrians : In this Council also Spain is namd next Rome , as it appeers by the Record which goes thus : Sancta Synodus Dei gratia ex Urbe Roma , Hispanis , Gallis , Italis , &c. And Athanasius relates in his Apologie against the Arrians thus : Fuere in Magno S●…rdico C●…ncilio plures quam trecenti Epis●…opi qui ex multis Provinciis Egypti , Lybiae , 〈◊〉 , Palestinae , &c. Hisponiarum , Galliarum , Britanniarum , &c. eo se ad Concilium contulerunt : Ther were in the Council of Sardis above 300 Bishops , who out of many Provinces of Egypt , Lybia , 〈◊〉 , Palestine , &c. Spain , Gallia , Britain , &c. did repair to the Council . In the raign of Constantius the Emperour 358. He causd two Councils to convene , One of the Oriental Bishops at Seleucia ; The other at Ariminum in Italy , consisting of Western Bishops , and in the Acts therof Spain is still nominated before France . At the first Council in Constantinople , and that at Rome under Pope Symachus , with others , ther can be no judgment made of Precedencies , until Lugdune●…se Concilium , the second Council at Lions , Anno 1274. held under Pope Gregory the tenth , where among divers other ther were Ambassadors from Paleologue the Eastern Emperour , and the King of Tartary . This Council was convokd principally for reconciling the Greek Church with the Latin , for the conversion of the Tartars , and also for an Expedition to the Holy Land. Ther assembled 500 Archbishops and Bishops , 40 Abbots , and 1000 Prelats and Doctors , among whom ●…onadventure and the Angelical Doctor Thomas Aquinas who assisted there did die . Don Iaime King of Aragon was earnestly sollicited by the Pope to be there , as Peter 〈◊〉 hath it upon good record in the Spanish Toung , as followeth : Viendo el Papa Gregorio que la yglesia tenia gran necessidad de Concilia para much as cosas , y especialmente para las de Ultrama●… determinò d●… juntar Concilio en Leon en Francia para la p●…scua del Espiritu 〈◊〉 ▪ y embiava à 〈◊〉 al Rey de Aragon , 〈◊〉 que no faltasse d●… 〈◊〉 〈◊〉 necessidad de 〈◊〉 presentia , para dar Consejo , y favor à la santa Ig be 〈◊〉 , &c. Pope Gregory seeing that the Church had great necessity of a General Council for many things , specially for Affairs beyond the Seas , determind to convoque one at Lions in France towards Whitsontide ; and sending notice hereof ●…o Iames King of Aragon , he endeard the business unto him , desiring his presence , in regard there wold be great want of his person to afford counsel and favor to the Holy Church , & ●… . King Iames came accordingly in a splendid Equip page ; and the Cardinals , Bishops , and the world of Prelats ther came to meet him three miles , were so numerous , that though they set forth betimes in the morning ▪ ye●… it was after noon before he arrivd at the Popes Palace : The next day ▪ He made a Noble Speech , and Hortative for a Cruzada to the Holy Land , taking the superior place all the time he was there ▪ which raising some envy in the Ambassadors of other Kings , discontents grew , and so nothing took effect . Under Clement the fifth , Anno 1311. a Council was convokd at Vienna , wherin ther were 300 Bishops , besides other Ecclesiastiks , where Philippe le Bel , with his Son Luys Hutin King of Navarre , and two other of his Sons came , but ther is no mention made in the Records of any matters of Precedence , nor likewise in the Council of Mantua held by Pius 2. 1458. Then came the Council of Basil , and hear what Platina saith in the Life of Eugenius 4. Et quod Basiliense Concilium jam 〈◊〉 inchoatum Martini Decreto augeri indies cerneret , conturrentibus eò Hispaniae , Galliae , Germaniae , &c. principibus qui communem Christianae Reiqublicae causam in arbitrio Concilii disponebant . And because the Council at Basil begun before by the Decree of Marlin was seen to increase daily , some Princes of Spain , France , and Germany , &c concurring thither for disposing of the common cause of the Christian Republik , according to the arbitrement of the Council , &c. where you find that Spain is nominated before all other Countries . In the Council of Florence begun at Ferrara under Eugenius 4. where Iohannes Paleologus the Greek Emperour , and the Patriark of Constantinople , and a great confluence of Greek and Latin Prelats were assembled , ther is no superior place mentiond in the Acts of that Council , nor among the Writers of the History therof . We come now to the Council of Trent , where the Marquiss of Pescara and the Count of Luna were Ambassadors for Philip the second , the mighty King of Spain : you may finde that in the Acts of that long Concil they never came behind the Emperour , but sate between the Secretary of the Council and the Popes Nuncio on the right hand , wheras the French Ambassador fate upon the left hand both of the Legat and the Imperial Ambassador . Now to go from Oecumenical Councils to National , whersoever the Bishops of Spain and France met , Spain had the first Session , Voice and Nomination as the Nobler Kingdome . As appeers in the third Council at Toledo , in the raign of King Ricaredus , as may be plainly read in the Works of Garsia Loaisa , Preceptor to the glorious and Catholik King Philip 2. and afterwards Archbishop of Toledo , whose sublime Erudition joynd with integrity , and signal sanctity of Life and Manners do so contend for precedence , that it is hard to judge which of them excels most , they all are so perfectly resplendent . In the fourth Toledo Council ther is frequent mention made in Morales , de Hispaniae & Galliae praesulibus ; de Hispaniae & Galliae sacerdotibus . Go to the ancient Doctors of the Church where ther is mention made of Spain and France , Spain most commonly is namd first : we will first instance in Tertullian in his Book Adversus Iudaeos , where speaking of the multitude of Nations that were converted to Christianity , He speaks Hispaniarum omnes termini , & Galliarum diversae Nationes & Britannorum inaccessa loc●… Romanis , Christo vero subdita , &c. Ther is a remarkable thing in Irenaeus , Et si in mundo loquelae dissimiles sint , Virtus tamen Traditionis una & eadem est ; & neque hae quae sunt in Germania fundatae Ecclesiae aliter credunt , a●…t aliter tradunt ; Neque hae quae in Iberis sunt neque hae quae sunt in Celtis ; neque hae quae sunt in Oriente ; neque hae quae sunt in Egypto ; Neque hae quae sunt in Lybia ; neque hae quae in medio Mundi sunt constitutae ▪ sed sicut Sol creatura Dei in universo mundo unus , & idem est , sic lumen ac praedicatio Veritatis ubique lucet , & illuminat omnes homines qui volunt ad Veritatis cognitionem venire . Although the Languages of the world be differing , yet the Vertu of Tradition is one and the same : For neither those Churches that are founded in Germany do believe , or deliver otherwise ; nor those which are in Spain , nor those which are in France , &c. VVe will conclude with Saint Hierome : Hoc in Ecclesiis suis faciant quod Romae , sive quod in Italia , &c. quod in Hispania , quod in Britannia , quod etiam ex parte per Gallias , &c. This precedence for Spain is also confirmd in the Imperial Laws of Iustinian , where he saith , Quae cunque in partibus Hispaniarum , Galliae sive Francorum aguntur , &c. And ther was great care and caution usd to give evry Country and Nation its Right touching this particular in the Iustinian Laws , whose principal aim was suum Cuique tribuere , to give evry Country and Kingdome its due in point of Dignity as well as of Possession , and common Right . Argum. 3. That the King of Spain may challenge Precedence , because Spain first receavd , and professd the Catholik Faith ; That the first Christian Church was built there ; The first Council was celebrated there ; The first Bishop and the first Emperour was out of Her , &c. THey who write of the Glory of Nations , shold in the first place look upon their antiquity and origine . Ther is a Topik Axiome , That Bonum quò antiquius eò melius ; Therfore Antiquity conduceth much to the Honour and Dignity of a Peeple ; As Pliny doth elegantly express , Reverere gloriam Veterum ; nam hanc ipsam senectutem quae in Homine venerabilis , in Urbibus sacra est : Reverence the Glory of the Ancients , for that Old Age which is venerable in Man , is sacred in Cities . Touching the Originals of Spain , and of Her Inhabitants , with the propagation and succession of them , ther are four things to be considered in the enquiry therof ; first , of what Peeple they first descended ; what transmigrations they made ; at what time ; and by what Right or Title . These may be calld the principles of a Country . The Arcadians did vaunt that they were synchronical , or contemporary with the Gods ; that they were before the Sun and the Stars . Other Nations do labour much to derive themselfs from before the Floud . Now concerning Spain , all Annalists concur that Tubal Cain was her first Populator , being allurd by the amoenity and fruitfulness of the Country and Clime ; and this was 2173 years before the Nativity of our Saviour , and 1179 from the Creation , and 143 years after the general Deluge . Berosus affirms that Tubal raignd in Spain 151 yeers , and Strabo concurs with him ▪ some call him Iobel , and Iosephus calls the Spaniards Iobeles from him . Setubal in Portugal receaves her denomination thence , as also Tudela in the Kingdome of Navarre . Some are of opinion that Noe came also to Spain , for in Asturia ther is a Town calld Noega , and Noela in Galicia . Spain was calld Iberia from King Iberus ; and ther 's a great River also of his name , vulgarly calld Ebro , wherin many other Rivers do disburden themselfs , which was the occasion of the Proverb , Me Llamo Ebro porque de todas aguas bevo . It is also calld Hesperia from the Occidental Star ; At last it came to be calld Hispania from King Hispanus . We will now proceed to prove that Spain receavd , and professd the Christian Religion first of any . And , as this Inferiour World is governd by the motion , and circumgyrations of the Heavens , so Christian Kingdoms are governd by Religion and Faith , and by the holy Professors therof . Now , Spain had the advantage and honor to have the first Martyr among the Apostles for her Father and Founder , which was St. Iames , who though he was beheaded in Ierusalem , yet his Body was transported to Spain by a wonderful Providence , where a stately Dome or Church is built for him , frequented by Emperours and Kings , with innumerable sorts of Pilgrims . Charlemain came of purpose to do his Devotions in that Church where such mighty miracles are daily wrought . Now in Tarragona the most blessed Virgin appeerd to St. Iames , and gave him order to erect a Church there , which is the ancientst of any in the Christian world . Moreover , for the predication of the Gospel , the hevenly tidings of salvation , it began in Spain three yeers after the passion of Christ , as it is recorded in the Ecclesiastical History of Baronius , and confirmd in the Council of Trent , with the whole current of Antiquity , so that it can be no less then an Impiety to make any hesitation therin . After the predication of St. Iames , Saint Paul also came to Spain ; nay the Prince of the Apostles St. Peter performd a peregrination thither ; and among others he converted Epinetus ; so that the Christian Faith was founded in Spain by these three great Pillars of the Church . Saint Torquatus Bishop of Guadix was one of the first whom St. Iames reducd to Christ , and ther is an Olive-tree planted by his hand which bears fruit to this day ; and the Bridg is yet remaining which broke and fell down under those who did poursue and persecure the Christians in those days . Saint Cecilius his Church neer Granada is standing to this day , where also so many miracles and wonderful cures are commonly wrought . There also is the famous Valparayso , the Valley of Paradise , where so many Martyrs sufferd , and their Reliques remain to this day , as appeers by this Record which I thought worthy to insert here . In nomine Dom. nostri Iesu Christi , En el anno ix . del Pontificado de nuestro santissimo Padre Clemente Octavo , y el anno 2. del Reyno del Clementissimo , y Catholico Don Philippo 3. Nos Don Pedro de Castro , por la gracia de Dios , y de la santa sede Apostolica Arsobispo de Granada , del consejo del Rey ●…uestro senor , con consejo , y asenso de los Reverendissimos Prelados Don Iuan de Fonseca Obispo de Guadix del consejo de su Magestad , provincial , y sufraganeo nuestro , y Don Sebastian Quintero Obispo de Gallipoli , y Don Alfonso de Mendosa Abad de Alcala la real . A●…iendo tratado de las Reliquias que el anno del nacimiento de nuestro Salvador I●…su Christo de 1595. se hallaron deribando una torre antiquisstma en esta santa Iglesia , y otras en el monte que Llaman Valparayso el conocimiento y aprobacion de las quales nos pertenece por derecho , y por el santo Concilio de Trenta , y por comission especial de nuestro muy santo padre Clemente Octavo ; Visto este processo , y todas las informaciones , averiguaciones , y diligentias en el hechas , y aviendo avido conse●…o , y deliberacion con barones m●…y doctos , pios , y Theologos , y de otras facultades con nos congregados , y todo lo demas que fue necessario , y verse convino . Fallamos de un mesmo parecer , y asenso en que fueron todos conformes , que devemos declarar . — In the name of our Lord Jesus Christ , In the ninth year of the Pontificat of our most holy Father Pope Clement 8. and in the second year of our most merciful and Catholick King Don Philip the 3. We Don Pedro de Castro by the Grace of God , and the holy Apostolik Seat , Archbishop of Granada , of the Council of the King our Lord , with the counsel and consent of the most reverend Prelats Don Iohn of Fo●…seca Bishop of Guadix of his Majesties Council our Comprovincial and Suffragan , and Don Sebastian Quintero Bishop of Gallipoli , and Don Alonso de Mendosa Abbat of Alcala ; Having treated of the Reliques which were found 1598. by pulling down a Wall in this most ancient Church , with others in the Mount Valparayso , the knowledge and approbation wherof belongs to Us by the holy Council of Trent , and by special commission from our holy Father Clement the 8. The process herof being seen , with the Informations , Averiguations and diligences done therein ; and having taken the advice and deliberation of most learned and pious Theologues , with other Faculties which was convenient and necessary to be done ; We find according to the concordant and unanimous consent of all , that we ought to declare , and we do hereby declare , define and pronounce the said Reliques in this process containd , viz. the one half of the cloth wherwith the glorious Virgin Mary wipd her Tears at the passion of her Son our Saviour , and a bone of St. Stephen the Protomartyr , are the tru cloth of our Lady , and bone of St. Stephen ; and that having bin hidden , lockd up , and kept in the Wall of a most ancient Tower which was built neer this Church , being put in a Leaden Box lind within and without , and within the said Box a Letter of most ancient parchment , wherein Patricius the Priest relates the said Reliques to be ; and that he did hide them there by the command of Saint Cecilius ; and all was found within the said Box upon St. Iosephs day , 19 of March , by pulling down and destroying the said Tower ; We likewise declare , define and pronounce the said Bone , Dust and Ashes , and white Morter which were found in Valparayso , to be really the Reliques of holy Martyrs who now rejoyce and raign with God in Heven ; viz. of Saint Cecilio , Saint Hiscio , Saint Cthesiphon , Disciples to the most blessed Apostle Saint Iames Zebedeus ; and of Saint Setentrio , and Patricio Disciples of St. Cecilio ; and of Turillo , Panuncio , Maronio , Centulio , Disciples of Saint Hiscio ; and of St. Maximinio and Lupario , Disciples of St. Cthefiphon , and St. Mesiton ; And the said Saints sufferd Martyrdome some , by fire being burnt alive , some shut up in the Caves and Caverns of the said Mountains for the Faith of our Redeemer Jesus Christ , and for preaching and publishing his Gospel in the second yeer of the raign of Nero , St. Cecilio with his Disciples suffring upon the Calends of February , St. Hiscius on the Calends of March , and St. Cthesiphon with his Disciples on the Calends of April , as four Leafs of Lead do manifestly shew in Latin Letters written in most ancient characters , with other old Instruments of Lead , all which was hidden and found in the caverns of the said Mountains , and never discoverd until now ; and this process is verified , and God hath confirmd it by divers miracles . In consequence wherof we declare that the said Reliques ought to be receavd , honord , reverencd , adord with honor and holy worship , as the tru Reliques of the most blessed Virgin our Lady , and of the said Martyrs who raign now w●…h God , according as the holy Catholik Church doth accustome to have in due veneration such Reliques of Saints , and expose them to publik view to that effect , That they may be incited to invoke them accordingly . And we with others here congregated do so receave and reverence them , commanding that they be kept in safe custody , and in a decent place according to the plesure and appointment of the most Reverend Archbishop that shall be then of this Church . And we further declare the said Valparayso , and the Caverns wherin those blessed Saints sufferd Martyrdom to be holy places , which ought to be reverencd and honord , and have prerogatives accordingly , as the holy Canons do allow to such places . And so we pronounce this our sentence , and firm it with our Names , sealing it also with our Seals . Petrus de Castro Archiep. Granatensu . Iohannes Episcopus Guadix . S. Episcopus Gallipoli . Alfonsus Abbas . Besides these , ther was , after due process made , a sentence passd also for seven more great Saints , viz. St. Secundus Episcopus Abulensis , where his body is had in great reverence to this day ; St. Indalecius Episcopus Urcetanus , in the Kingdome of Aragon upon the confines of Navarre ; St. Cthesiphon Bishop of Almeria ; St. Hesichius ; St. Euphrasius Episcopus Illurgitanus of Iaen in Andaluzia , who as Baronius affirms was Auditor and Disciple to St. Iames the Apostle , and was ordained Bishop anno Christi 43. in the raign of Claudius Caesar. Besides these seven , ther is Athanasius and Theodorus neer the body of the holy Apostle , the one on the right , the other on the left hand of the Apostle , preserved with great vigilance to this day . Now , all these Martyrs and Patrons of Spain are mentioned by Cardinal Baronius and Galesinus in their Martyrologies , as also by Vaseus , Morales , and Mariana , &c. Now , that St. Paul was in Spain , hear what Pope Gregory the seventh saith in his Epistle : Gregorius Episcopus Servus servorum Dei , Alfonso , & Sanctio Regibus Hispaniae , Abbatibus , & Episcopis in ditione sua constitutis salutem , & Apostolicam Benedictionem . Cum B. Apostolus Paulus Hispaniam se acti isse significet , ac postea 7 Episcopos ab Urbe Roma ad instituendos Hispaniae populos à Petro & Paulo Apostolis directos fuisse , qui destructa Idololatria Christianitatem fundaverunt , Religionem plantaverunt , ordinem , & officium in Divinis cultibus agendis ostenderunt , & sanguine suo Ecclesias seminârunt , vestra diligentia non ignoret quantam concordiam cum Romana Urbe Hispania in Religione , & ordine Divini Officii habuisset satis patet . It appeers herby , as by a world of testimonies besides , what a sweet harmony and concordance ther hath bin always twixt Spain and Rome ; And how that the predication of Christian Faith , with the institution therof , begun by the Apostle St. Iames , was increasd by Peter and Paul , and confirmd by the seven forementioned Martyrs , who were Auditors and Disciples of St. Iames ; besides many others whose names are found in the Book of Martyrologies . In the second persecution under Domitian , after the cruelties of Nero , Eugenius Bishop of Toledo was Disciple of Dionysius Areopagita . This Eugenius being a man excellent for wisdome and Doctrine , made choice of the City of Toledo for his fear , as being situated in the centre of the Kingdome , that the Spirit of Christ might be diffusd thence as from the heart into the whole body of the Country . The Body of which Eugenius was removd from France into the great Church of Toledo , and carried upon the sholders of the most religious King Philip 2 part of the way , Anno 1565. Moreover , it stands upon good record according to Mariana , how Pope Clement , St. Peters immediat Successor , sent Philip and Marcellus into Spain as Legats , and with Letters and commission accordingly ; And it is agreed by all that they were the first Legats , and they carried the first Letters that ever were sent from Rome by any Nuncios , which are to be found to this day in the Church of Compostella . In the third persecution of Trajan , Sanctus Mancius florishd in Spain , who was one of the seventy two Disciples of our Saviour , and servd him at administration of the Holy Sacrament , and spread his vestment when he entred into Ierusalem upon Palm-Sunday , who afterwards was made a glorious Martyr . Vaceus relates an Epitaph which runs thus : Belila Hispana se●…va Iesu Christi requievit in Domino , Obiit aera 115. hoc est anno Dom ▪ 77. Belila a Spaniard , servant of Jesus Christ , did rest in the Lord ; she died in the yeer 77 after the passion . Venerus writes that this Epitaph was found in Biscay . Ther is another Epistle of Pope Clement written to the Bishops of Spain , which is also conservd in Compostella-Church to this day . And this was the state of the Spanish Church the first century of yeers after the Nativity of Christ , wherin Iohn the Evangelist livd , during which time thirteen Bishopricks are registred in Spain , and a great number of the Faithful ; for in the City of Pampelona 40000 were converted , and Biscay or Cantabria was most inhabited by Martyrs , as Iraeneus relates , an Author who was neer the time of the Apostles . Furthermore , ther was a most signal and notable rare thing happend in Spain ; for the same night that our blessed Saviour was born , ther were three Suns appeerd visibly in the Spanish Region , which by gentle degrees came to concentre into one . Out of these premises it is apparent that the first Martyr-Apostle preachd in Spain ; That he erected there the first Church dedicated to the blessed Virgin ; That she appeerd there being conducted by Angels ; That the body of St. Iames lieth there inhumd wi●…h so much state : And this was before ther was any predication of Christian Doctrine in France ; so that the first Faithful , the first Apostle , the first Church , the first Apostolical Nuncio , and first Epistle was sent by Pope Clement the first into Spain . St. Paul did second what St. Iames had begun ; and all this is confirmd by St. Irenaeus , one of the first among the Primitive Fathers . Argum. 4. Proving , That the King of Spain may challenge Precedence because he is the Catholik King , which is a more ancient Title then Christianissimus . ONe of the greatest Foundations wheron France doth build her right to a Precedence , is , that she wold perswade the world , that her Kings are more Ancient both in the reception and profession of Christianity ; which assertion being well examind and discussd , it will appeer that both generally and privatly ther were Catholik Kings in Spain before any in France ; and to proceed more methodically , we will deduce the business from the beginning . We know that the blessed Apostle St. Iames was put to death with the sword by Herod , as appeers in the Epistle of Pope Leo touching his Martyrdome , and the translation of his Body into Spain ; which Epistle he destinated for the Spaniards ; wherin He relates , that when the Iews had hurld his whole body without the City to be devourd by Beasts and Birds , his Disciples having notice therof in his life-time , they recoverd the whole body , head and all , in the night-time , and carried it to Ioppa for transportation of it to Spain ; where being careful for the embarcation therof , they found a ship ready in the Port , and some say it was of stone , where , after thanks being given to God , they placd the body of the most holy Apostle ; and after many dangers they arrivd at Iria Flaria , now calld Padron ; thence they carried it to Liberum Donum , now calld Compostella , where they entombd it in a Marble Monument : But , as the Disciples were seeking for a place fit for so great an Apostle , they made their address to Queen Luparia or Lupa , who sent them to King Philotrus , who casting them into an obscure prison , they were freed by an Angel ; and while the soldiers were in pursute of them , they were all drownd in a River , the Bridg and all falling down with them , by which miracle King Philotrus was converted . But Luparia continuing obstinat , she threw their Bodies to Bulls and Dragons , wherof some they slew , and some grew mild . Then Luparia being orecome by these miracles , causd a Temple to be erected there for the holy Apostle , as Faber out of Sophorinus doth affirm ; And although Morales makes a doubt herof , in regard that Spain was then subject to the Romans , and so could have no Kings , yet ther might be some Kings there though subject and tributary to Rome , as Herodes Agrippa was in Hierusalem , and as Queen Candacis was . But because these passages are so overgrown with yeers , let us hasten to later times . The second signal time that Spain receavd extraordinary influence of Christian Faith , was in the raign of Constantine the great , who was so glorious an Instrument to the Church , his Mother , a British Lady being a Christian , and Osius a Spanish Bishop having taken so much pains for his conversion ; Then Theodosius who did propagat the Faith more openly , and did destroy the Pagan Churches which were stuffd with Idols , was by Nation a Spaniard , and his sons who succeeded him in the Empire . The third time was , when the seat of the Roman Empire being translated to Constantinople , divers rough Northern Nations broke in , and seazd upon most parts of the Western Territories therof , so that the Goths invaded Spain , and came to possess it ; and then by the special benediction of God , ther was a Catholik King in Spain before any in France : For an . 554. Athanagildus King of the Goths , according to the currant consent of all Historiographers , professd the Christian Faith , as Lucas Tudensis hath it . Then succeeded him Leonegi●…dus ; Then a little after came Richaredus , and in his raign the whole Kingdome of Spain became Catholik , and florishd exceedingly . But the French object that Anno 496. Clodovaeus was baptizd by St. Rhemigius , and so had the start of Richaredus in Christianity ; but to that t is answerd , That the whole Kingdome of France was not then converted ; Nor was He King of all the Kingdome , as Richaredus was of Spain : For Gregorius Turonensis relates , that Clodovaeus with his two sisters were baptizd , and three thousand French more , the whole Kingdome came not to be Christian a good while after , wheras all Spain was reducd entirely to the Faith a good while before , and did make open profession therof in the Council of Toledo . Moreover , a good part of France was then subject to Theodoricus King of the Ostrogoths , who then raignd in Italy ; who were of the Arrian Heresie . But Spain was then totally under Richaredus : whence may be inferrd that Spain generally had a Christian King before France . But if we divide Spain into Provinces , ther were divers of them had Christianity planted , and publiquely preferrd before Clovis ; for Rechiarius King of the Suevians was Christian Anno 440. Furthermore , t is very observable that from Richaredus no King in Spain fell from the true Catholick Church ; wheras , divers in France did after Clodoveus , as Chilperik and others ; witness what Gaguinus writes , Nec multò post Chilpericus cujus malitia ut in Homines multis fraudibus perspicua esset , in Deum quoque impietatem meditatus est ; de divina quidem Trinitate ita credi noluit , ut tres in Illa Personas sed unam confiteretur , &c. Not long after , Chilperik , whose malice was so evident against men , did meditat malice also against God ; for he wold not confess three , but one Person in the Trinity : And Mausonius saith , Chilpericus cùm multis rebus impiè gestis Deum sibi iratum reddidisset mense quarto à Natali Clodovaei successoris sui apud Callam vicum Parisiorum occididitur : Chilperik when for many things impiously committed he had made God angry with him , was killd in Calla , a small Village of the Parisians . And in this last Age , the last King of France before Hen. 4. having done some acts of Impiety , as imprisoning of Cardinals , and other things , it induced a Brother of the Dominican Order to dispatch him violently out of the world . Besides , a King of Spain Rechiarius was the first , who out of a Zeal to protect the tru Religion , made the first War against the Enemies therof , which were the Arrian Goths ; and ever since the Kings of Spain have bin the greatest Champions and Propugnators of the Catholik Church upon all occasions . But now we will take in hand the Titles of Christianissimus and Catholik , and make it appeer that the Kings of Spain had the one , before the French Kings had the other ; and because that Names are the Images of Things , we will give you their primitive derivations . The first Propagators of Christianity we all know were the holy Apostles , and their Disciples ; but some of the latter falling into errors , the Orthodoxal Disciples to distinguish themselfs from the false , calld themselfs Christians , which name they first assumd at Antioch , and then it grew general , being derivd from Christ , and Christ a Crismate or Unction . It was afterwards raisd to a superlatif , to Christianissimus , which was first given to the Emperors , and to this day , as Castaldus observes , they are solemnly prayed for in Oratione Parasceue , in Good-Friday-Prayer evry yeer , Oremus & pro Christianissimo Imperatore nostro ; wherin Ferrault is deceavd by attributing it onely to the French King. Moreover , divers Kings of Spain had that Title given them upon oceasion , as all the Spanish Annalists do aver ; For Richaredus was calld Christianissimus Anno 589. and after him Sisebutus Anno 616. when he expelld the Iews out of the Territories of Spain ; and Cinthillanus is calld so in the sixth Council of Toledo ; and Pope Leo writing to Quirico calls Flavium Ervigium then King of Spain , Christianissimum in the fourth Council of Toledo ; and this was before Charlemain , who first bore that Title in France . Ramirus King of Aragon , and Sancho 3. as also Alphonsus Magnus , was entitled so . Now let us examine when this Title Christianissimus was given to the French Kings : Most do affirm that it began in Charlemain , but observe , it was given him , and to some of his Successors as they were Emperours : for the ordinary Title which was usd to be given the Kings of France before , was Illustris . Ther is another opinion , that Pope Pius 2. gave Lewis 11. of France the Title of Christianissimus , and that his Father Charles had it in the Council of Mantua Anno 1459. But grant that the French Kings had the Title Christianissimus given them since Charlemain , yet the Title Catholicus was given before to the Kings of Spain : For Alfonso Son-in-law to Pelagius had it Anno 734. as Garabai and Morales do affirm , and the Epitaph upon his Tomb doth justifie it , which is Alfonsus Catholicus . Others are of opinion that Richaredus who quelld the Arrian Heresie was first intitled Catholicus . But now that we have spoken of the Antiquity of these two Titles in relation to the two Kings , we will examine which is the superior and more excellent , Christianissimus or Catholicus , not but that both of them are sublime and glorious . Touching the Title Catholik , it is so complete a word that nothing can be added to it , therfore it admits no superlatif ; it is of that comprehensif latitude , that it is Universal , which is the tru Etymologie of the Greek word : now it is an Axiome in all Sciences , Qui totum dicit , nihil excludit ; Who says All , excludes nothing : therfore we say , Ecclesiam Catholicam , not Catholicissimam ; as we say , Concilium oecumenicum , or Universale , not Universalissimum . And certainly this word Catholicum must be of extraordinary value , and ancient extraction , since it was an Epithet given the Church of Christ in the Apostolical Creed , in that first Symbole of Faith , Credo in Spiritum sanctum , & sanctam Ecclesiam Catholicam . Now , as we pointed at before , wheras any Beleever was calld Christian at first , and that by erroneous interpretations , some Heresies began to creep in , the name of Catholik was given him who was a constant embracer of the tru Doctrine of the Church : wheras the simple name Christian might comprehend also a Heretik , as Pacianus observes against the Novatians , Christianus mihi nomen est , Catholicus vero cognomen ; Illud me nuncupat , Istud ostendit ; Hoc probat , Illud significat : My name is Christian , my firname Catholik ; the one calls me , the other shews me ; this proves , the other signifies . Insomuch that the word Catholik did distinguish a tru Beleever from a Heretik . Whence the excellencie of this word appeers , being a primitive attribut given both to Church and Faith ; for they were both calld Catholik . Nor doth it follow though evry Catholik be a Christian , that evry Christian is a Catholik : For when one is calld Catholik , t is understood that he is an Elect , that he is saithful , pure , constant and obedient to the Doctrine of the holy Church without mixture or taint : Therfore most meritoriously is this high Epithe●… peculiar to the King of Spain , because he permits no Aposta●…s , no Schismaticks to be in his Dominions , as the French , and other Kings do : But by an humble filial obedience he adheres to the Catholik Mother-church , which is the Roman ; For the Roman and Catholik Church are Synonimas according to Saint Cyprian , in these words , Dividi à Romano Pontifice idem quod ab universa Ecclesia scismate separari ; Rursum illam communicare id ipsum esse quod Catholicae Ecclesiae unitati conjungi : To be divided from the Roman Bishop , is to be separated by Schism from the universal Church ; and to hold communion with him , is the same as to be joynd in unity with the Catholik Church . Argum. 5. Proving , That the King of Spain may challenge Precedence because that in Magnitude of Kingdoms , in Power , Territories and Tresure He excels all other . MUltitude of Regions , Affluence of Wealth , and Magnitude of Power , is so considerable in Kings , that this one Reason of it self were sufficient by Divine Laws as well as Humane , to yeeld unto Him who excels in these Particulars superiority of session and precedence . Now , in all things by the very constitution of the Creator , ther is a superiority and excellence ; Eternity is above Time ; The Intellect is beyond Reason ; and Reason above Sense . Go to the Fabrick of Coelestial Cretures , and the pulchritude of the Stars ; We see the Sun is as their Prince ; and one Star exceeds another in glory : so in this Elementary and the lower world , specially among Mankind , some are more Illustrious , some more Potent then others ; Nature will tell you that all the Fingers of the hand are not equal ; and this inequality conduceth to the bewty of the Univers , and Manilius tells us , Est aequale nihil , Terrenos aspice tractus . By which Ratiocination he is most sublime , and may claim superiority who exceeds in multitude of Peeple , in extent of Regions , in Wealth and Dominions ; and since the Catholik King excels in all these , as the French Authors themselfs confess out of Cassanaeus , certainly the higher seat is to be assignd Him. The wisest of Kings tells us , that In multitudine Populi dignitas Reg is , & in paucitate Plebis ignominia Principis ; In the multitude consists the dignity of a King , and in the paucity of peeple his shame . Therfore at the meeting of Councils , an Universal Council which is made up of most Bishops is more illustrious , and carrieth a greater stamp of authority then a Provincial , which consisteth of fewer ; As the Emperour and Pope have three Crowns apeece , denoting Asia , Afrik , and Europe , where the first exerciseth Souvrain Power in Temporals , and the other in all Spiritual Affairs . Now , to prove that the Catholik King is more potent then any other in spacious Dominions , it is no hard task : For go to Spain it self , it cannot be denied but it is a large Empire . T is tru , that Spain in former times was divided into many Kingdoms , as Castile , Aragon , Navarre , Leon , &c. but now they are all concentred in one Crown ; Adde herunto the Kingdoms of Naples and Calabria , with the Duchy of Milan , which make up about the one moity of Italy . He is Lord of Belgium , or the Netherland ; He hath Sicilie , Sardinia , with other Islands in the Mediterranean Sea , and the Canaries , with divers other in the Atlantik . He hath sundry places up and down the Coasts of Afrik ; He hath the Moluccas and Philipi●…a Islands , which are without number in the Indies . It was the Spanish Navigation that refelld the Paradox , for which we read that a Bishop was once imprisond for a Heretik because he held ther were Antipodes . O Immortal God! what an heroik and incomparable exploit was that of discovering and conquering the West-Indies , which counterbalanceth all the old world were they cast into a pair of scales ! which mighty benediction was reservd by a special Providence for Spain . But what a world of dangers , doubts and difficulties did precede the work ! On the one side the incertitude of the Thing , and the perils of the angry-tumbling Ocean did offer themsells ; On the other side the vast expences of the Viage , with despair of new provision when the old was spent ; And in case they shold take sooting on a new earth , the Clime might perhaps not agree with their bodies , and the Savages might prove stronger then they , as they were in number above a thousand for one . T is tru , that such imaginations as these did much distract them a while ; but at last their courage and constancy was such , that they broke through all these dissi culties . And touching that huge mass of peeple in America , as a wild boistrous Boar taken within the toyls doth foam , struggle , and turn about to try all ways how he may get out , at last when all will not serve , and having wasted his spirits he lies down with quietness and despair , putting himself upon the mercy of the Huntsmen ; so the wild American having tryed all ways of opposition , lay down at last succumbent and prostrat at the Spaniards feet ; and for a reward of their indefatigable pains and prowess , the Divine Providence gave them afterwards Mines and Mountains of Tresure , yea , Rivers running with Gold , Seas full of Perl , with all sorts of Gems and precious stones ; all kind of Aromatik Spices , sweet Woods , with a world of new Species of Birds , Beasts , Plants and Fishes which Europe never knew . But what Exchanges and recompence did Spain make to America for all this ? Marry , she affoorded her a far more precious Jewel , which was Christian Religion , Praequa quisquiliae caetera , In comparison wherof all other things are but Bables : And what a world of pious pains did the Spaniards take to plant that Tree of Life among them ? It is recorded by Boterus that one Franciscan Fryar did baptise about 400000 Savages in the sacred Laver of Regeneration ; insomuch that one may now travel thousands of miles in America , and very frequently meet with Christian Churches , Chappels , Monasteries , Convents , Nunneries , Towns , Villages , Castles , Forts , or Bulwarks as he goes along . What a coyle do the Historians keep about the Achievements of Alexander the Great ? We well know that he subdued but part of Asia ; But here a new world is conquerd about thrice as big as whole Asia : Therfore the Kings of Spain may be only said to have done Miracles in steed of Exploits . And as God Al mighty when He builds , creates no less then a World ; when He is angry , sends no less then an Universal Deluge ; when He confers Grace , doth sacrifice no less then the prime Son ; when He rewards , gives no less then Paradis ; when He wars , sends no less then Legions of Angels , making also the Elements to fight , the Sea to open , and the Sun to stand : So , if Finite things may bear any proportion with Infinit , the Kings of Spain have bin desigud to do mighty things , if not miracles : when They build , they build no less then an Escurial ; if They are angry , they drive forth whole Nations , as the Iews and Moors ; if they provide for the publick good , they sacrifice no less then their own Sons ; if they take Arms , they conquer not only whole Kingdoms , but new Worlds : insomuch that the King of Spain may be , according to the Proverb , truly called Rex Hominum , the King of Men ; wheras those of England and France are calld , the first , King of Devils , the other King of Asses . It is the King of Spain alone to whom the Gran Mogor and Sophy use to send this superscription , To the King who hath the Sun for his Helmet ; alluding to his vast Dominions in all parts of the world , and that the Sun doth always shine on some of them : besides , it is no mean preeminence to the Catholik King , That God Almighty is servd evry hour of the Natural Day in some of his Territories . Therfore it can be no derogation from any other Monark , if for Glory and Amplitude of Dominions , for Men and Mines , for fulgor of Majesty and Power , for Islands and Continents , for a long Arm and Sword , the Catholik King be preferred before any other Prince or Potentat upon the Terrestrial Globe , take both the Hemispheres together . Argum. 6. Proving , That the King of Spain may challenge Precedence for Nobleness of Family , as also for Royal Arms and Ensignes , &c. NObility among the Heralds is of two sorts , the one is of Parental Extraction and Blood , and this is rather our Progenitors then our own , being ingrafted or traducd unto us from them : Ther is another Nobility which is accidental , underivd or personal , and this comes either from abundance of Riches , or from excellency of Parts , or from the Merit and Glory of some great Exploit . The first proceeds from Descent , the other from Desert . Now among other Prerogatives of Kings , one of the highest is , that they are the source and fountain of Nobility and Honor ; Therfore no Vassal whatsoever , be he of never so ancient and illustrious extraction , is capable to compare with the King , though I am not ignorant that some of your French Monsieurs will vapor somtimes that way . Now , it contributs much to the honor of any Country to have a King of a long-lind Royal Race . There is a good Text which tells us , That Beata Terra , cujus Rex nobilis est ; with another , Quàm puchra est generatio cum claritate , Immortalis enim est memoria illius , quoniam , & apud Deum nota est , & apud Homines : The Land is blessd whose King is Noble ; How beutiful is a Generation with brightness ! the memory therof is Immortal , because t is known with God and Men. The Kingdome of Spain may glory to have had Kings of both the foresaid Nobilities , both Progenial derivd from their Predecessors , and Personal from their own Merit , and heroik perfections of Vertue , as Magnanimity and Fortitude , as Prudence and high Wisdome , as extraordinary Devotion and Sanctitie . Touching the Royal Tree of the Genealogie of the Kings of Spain , we can fetch it from the Families of the Amalis and Baltheis , whence the Kings of the Visigoths and Ostrogoths descended above a thousand yeers since : Then from the glorious house of Austria , which may be calld a tru Imperial Tree by having producd so many Emperours that have continued in that stem above these two hundred years without interruption , which House began with Theobarto who came from Sigebart Duke of Germany , Anno 604. Touching the Shield-Ensignes and the Royal Arms of the King of Spain , they are as noble as any ; and it adds much to the Nobleness of a Kingdome to have noble Arms ; which hath bin accounted no small blemish to the Crown of France , whose ancient Arms were three Toads in a black field , though the signification of the Hieroglyphik makes some amends for it , which relates to the fruitfulness of France ; for Toads choose always the fattest soyle , yet is he an ugly slow poysonous creature , and abhorred by humane Nature . But upon the conversion of King Clouis to Christianity , the French do vaunt that a Shield with three Flower de Luces of a Caerulean color fell down miraculously from Heven , ( as Numas Shield did in Rome , and the Palladium did in Troye ) which Arms France gives ever since . But the truth of that miracle is much questiond : for the greatest Authors , as Emilius , Gillius , Reginon , and Gregorius Turonensis in the Life of King Clou is makes no mention of any such thing . But grant that France hath reason to give the Lilies or Flower de Luces for her Royal Arms , yet Spain hath a nobler ; for Spain gives the Crosse in her Shield : For we know that many ancient and Authentik Writers affirm , how the Cantabrians or Biscayners ( who were left unconquerd by the Romans ) carried a Crosse in their Banner long before the Nativity of our Saviour ; which King Pelagius carried when issuing forth of the great Cave calld Cobadonga to this day , with not much above 1000 Christians , he utterly routed 60000 Saracens ; to the memory wherof t is thought the great Church Cangas calld St. Crosses Church was erected , where he lieth buried with a Crosse ingraven upon his Tomb. And after King Pelagius who is calld the Instaurator of Spain , with other Kings had the Crosse in their Banner . And San Isodorus , who after St. Iames the Apostle is the Patron of Spain , always usd it , who was a Bishop and a Knight , so that wheresoever he is represented either in shadow or stone , he is painted in a Pontifical vest , having the Crosse in one hand , and the Sword in the other ; and as the Oriflambe is the chiefest Banner of France , which is kept in the great Church of St. Denis ; so in the great Church of Leon in Spain Saint Isodorus Banner is devoutly kept up , which upon occasion of urgent necessity was usd by divers Kings to be brought to the Field against the Saracens , and afterwards against the Moores , wherby many glorious and wonderful Victories were obtaind . Nor is the Crosse the Ensigne onely of Biscay and Castile , but also of Arragon and of Navarre ; and the ground of it is related in Beuter , Illescas , and Turapha to be , that when King Garcia Ximenez was ready to fight a Battail against the Saracens , and that the Christians under his command grew to be dejected and faint-hearted , ther appeerd in a green Tree a red Crosse very resplendent , which struck such a comfort and courage , and made such impressions in the heart of the fainty Soldiers , that they fell upon the Infidel-enemy with so great a resolution , that they did utterly discomfit him ; wherupon he was called Rey de Sobrarbe , because that the holy Crosse appeerd above a Tree . Argum. 7. Proving , That the Catholik King may claim Precedence because he is King of Jerusalem , and that the Right of Unction belongs also to Him , &c. ALl Authors concede that in all solemn Pomps and publik Places , the first seat in the Church ( after the Emperour ) belongs to the King of Ierusalem , as Corsetus , Grasalius , and others , do observe : And the Reasons are many ; Because our Saviour preachd and sufferd there ; Because he made choice of his Apostles and Disciples there ; Because he wrought most Miracles there ; Because he conversd and had conference with Men there ; Because he instituted his last Supper there ; Because he did consummat the Eternal Salvation of Mankind there , and because he was buried there ; with multitude of other Reasons . Now , that the King of Spain is right King of Ierusalem , I beleeve ther are but few will deny it : for the Holy Father in all his Bulls , in his Apostolical Letters , and all publik spiritual Dispatches , doth stile him King of Ierusalem ; and so doth the Conclave , the College of Cardinals , the Rota , or Judges of the Apostolik Chancery : And it is as cleer as the Meridian , that this Title is due to him as he is King of both the Sicilies , viz. of Sicily , Calabria and Naples , which appeers evident in all Annals and Chronicles ; Although the French do cavil with him for a Right to those Kingdomes , which Valdesius and Vasquez do sufficiently answer , and refute . Nor can it be denied but a double Unction belongs to him as he is King of both those Kingdomes ; wheras the Kings of England and France have but one Unction apeece relating to single Kingdomes . Now , that Kings are to be anointed with holy Oyl , the sacred Code tells us plainly ; for it was the warrant which God Almighty himself , the King of Heven and Earth , gave unto the Prophet Elias , Unges Asachel Regem super Syriam , & Iehu silium Namasi unges Regem super Israel : Thou shalt 〈◊〉 ●…sachel King over Syria , and thou shalt anoint Iehu King over Israel . In another place he speaks himself , Inveni David servum meum , & oleo sancto meo unxi eum : I have found David my servant , and with my holy Oyl have I anointed him . Therfore Kings are called Christs upon earth , because they are anointed by God : Nay , Cyrus is calld Christ in this sense , as the Text saith , Haec dicit Dominus Cyro Christo ejus ; Thus says God to Cyrus his Christ or his anointed . One of the Prerogatives of the Emperour is , that he is to be anointed by the Pope himself ; But Kings are anointed by their own Prelats . Augustin de Ancona gives the reason for this Ceremony , because Oyl signifieth gladness , and promptitude to debel the Enemies of the Church , to fight for the Orthodoxal Faith , and carry away Victories . Therupon at the celebration of the Olympik Games the Wrastlers were usd to be anointed , as the Poet sings : Exercent Patrias Oleo labente Palestras Nudati Socii — The holy King saith , Dilexisti justitiam , & odisti iniquitatem , propterea unxit te Deus Oleo laetitiae prae consortibus tuis : Thou hast loved justice , and hated iniquity , wherfore God hath anointed thee with the Oyl of gladness above thy fellows . By Oyl also is understood cleerness of Conscience , as we read , Prudentes Virgines acceperunt oleum in vasibus suis : The wise Virgins took oyl in their lamps . Now they are Hevenly wide of the truth who hold that these two Kings , viz. of Ierusalem and Sicily , with those of England and France , are only capable of holy Unction : For it belongs to all Kings ; especially to the Catholik King , who is a mixt Person twixt Temporal and Spiritual , for he is Canon of Burgos as the French King is of a Church in Poitou ; But the Kings of Spain have bin from all times anointed from the time of King Vuamba , and after him Ervigius : for the Text of the Council of Toledo saith plainly , Serenissimus Ervigius Princeps Regni conscenderit Regni culmen , Regnandique per sacram Unctionem susceperit potestatem : Most serene Ervigius Prince of the Kingdome shall ascend the top of the Kingdome , and by the holy Oyl take a power to raign . After these the Gothik Kings were also anointed from Pelagius downward . Therfore t is a pure Paradox , or rather a vulgar Error , that none but the four mentiond Kings are capable of holy Unction . Argum. 8. Proving , That the Catholik King may challenge Precedence because of the free and absolut Power he hath over his Dominions , and that he hath Empires under Him , &c. IT mightily concerns Royal Dignity to have a whole Plenary Dominion and Rule , and not to be subordinat to any other Temporal Power whatsoever : Such an absolut Dominion the Catholik King enjoys , and is entaild upon him by the Laws of the Land ; though as a dutiful Son to the Church , out of pure Ideas of Devotion he is contented to be obedient unto his Mother in spiritual things . Yet , ther are divers Tramontan Writers both Italian and Germans , who being devoted to the Emperour , wold make the Kings of Spain , England and France to acknowledg the Emperour , and they who do it not remain in no less then mortal sin ; And one of the main Arguments which they urge , is , That the Emperour Sigismund before the Council of Constance assembled , sent his summons among other to Ferdinand King of Aragon to be there for the universal good of Christendome . But herunto t is answerd , That the glorious Emperour Charles the fifth made a solemn Protestation , that he decreed nothing in Spain under the notion of Emperour : For though he had a double quality , yet , whatsoever he acted in Spain was singly as he was King therof . This signal Diploma , or publick Protestation is yet to be seen in the Archives of Spain , and is mentiond in the History of Pedro Mexia , which runs thus . Don Carlos por la gracia de Dios Rey de Romanos , futuro Emperador semper Augusto , Rey de Castilla y de Leon , &c. En uno con la muy alta , y muy Poderosa Reyna Donna Iuana mi Sennora Madre . Por quanto despues que plugo a la Divina Clementia ( por la qual los Reyes reynan ) que fuessemos Eligidos Rey de Romanos futuro Emperador , y que de Rey Catholico de Espanna ( con que eramos bien contentos ) fuessemos promovido al Imperio convino que nuestros Titulos se ordenassen dando a cada uno su devido lugar ; Fue necessario conformando nos con razon segun la qual el Imperio precede a las otras dignidades seglares por ser la mas alta y sublime dignidad que Dios instituyò en la I●…ierra , de preferir la dignidad Imperial a la Real , y de nombrarnos y intitularnos primero como Rey de Romanos y futuro Emperador que la dicha Reyna mi sennora lo qual hizimos mas apremiado de necessi●…d que de razon , que por voluntad que dello tenemos , porque con toda reverencia , y acatamiento la honramos , y desseamos honrar y acatar , Pues que demas cumplir el mandamiento de Dios a que somos obligados por Ella tenemos , y esperamos tener tan gran sucession de Reynos y senorios como tenemos . Y porque de la dicha prelacion no se pueda Seguir ni causar perjuizio ni confusion adelante a los nuestros Reynos de Espanna , ni a los Reyes nuestros Successores , ni a los naturales sus subditos que por tiempo fueren ; Por ende queremos que sepan todos los que agora son , ò seran de aqui adelante , que nuestra intencion , y voluntad es que la libertad , y exempcion que los dichos Reynos de Espanna , y Reyes dellos han tenido , y tienen , de que han gozado , y gozan de no reconocer Superior les sea agora , y de aqui adelante observada , y guardada inviolablemente , y que gozen de aquel estado , &c. Yo el Rey. Thus rendred into English. Don Carlos by the grace of God King of the Romans , and future Emperour always August , King of Castile and Leon , &c. together with the most high and most mighty Dame Ioan my Lady Mother . Wheras since it pleasd the Divine Clemency , by which Kings raign , that we were elected King of the Romans , future Emperour , and from a Catholik King of Spain , ( wherwith we were well contented ) we were promoted to the Empire , it was convenient that our Titles shold be orderd giving evry one his due place ; It was necessary ( conforming our selfs to Reason , wherby the Empire precedes to other secular Dignities , it being the highest and most sublime Dignity which God hath instituted on earth ) to prefer the Imperial Dignity before the Kingly , and to name and intitle our selfs as Kings of the Romans and future Emperour before the said Queen my Lady ; which we did being pressd more by necessity then by any willingness we have therunto , because we honor and respect , and desire to honor and respect Her with all reverence and duty , in regard that besides the accomplishing of Gods Commandment wherunto we are obligd , we hold by Her , and hope to hold so great a succession to Kingdomes and Dominions which we hold . And because no prejudice or confusion may ensue to our said Kingdoms of Spain , nor to the Kings our ●…uccessors , nor to the Native Subjects that shall be for the time , Therfore our desire is , That all those who now are , and shall be herafter , may know , That our intention and will that the Liberty and exemption which the said Kingdoms of Spain and their Kings have held and do hold , that they have enjoyd or do enjoy , Not to acknowledge a Superior , be observd unto Them now and herafter , and be inviolably kept ; And that they enjoy the same liberty and ingenuity which at the time of our promotion , and before they had and enjoyd , &c. And our will is , that this Declaration have the force and vigor of a Pragmatical Sanction , &c. Given in the City of Barcelona , 5. 7bris . 1519. I the King. This Royal Manifesto , or Pragmatical Sanction you see doth assert the absolut and independent Authority of the Kings of Spain , and that they do not only renounce all subordinations , but are free from the least acknowledgment to any Forren Power : insomuch that it is enacted by the Laws of Spain , that to avoid the least suspition of any obedience to the Empire , the Civil Roman Law is not to be kept , or alledgd as Law. Nor indeed for driving out the Saracens , and other Infidels was Spain ever obligd to the Empire , or any other Extrinsik Power , but she did it by the effusion of her own blood , by the strength and valour of her own Natives . Moreover , the Kings of Spain are so far from any recognition of subjection to the Empire , or any outward power , that they themselfs in former Ages have bin frequently called Emperours in publik Instruments , as Decretals , Acts of Councils , and Apostolical Epistles from Rome . Now if they did merit to be calld Emperours then , how much more is that Title adaequat to the Kings of Spain in these latter times , wherin they are grown to be Lords of above half of the whole Terrestrial Globe ? Nor is the King of Spain thus exempt from all Forren extraneous Authority , but in point of intrinsecal and domestik Power he is as absolut as any other : for it hath not bin found this hundred yeers that his Subjects did refuse the payment of any Impositions , which have bin many in regard he wars with all the world who repine at his Greatness . Yet is he still Re●… Hominum , a King of Men , viz. of Free Subjects , and not a King of Asinigos , as his next Neighbour is calld . Argum. 9. Proving , That the King of Spain may claim Precedence because he hath bin so obsequious a Son , and done such great Offices to the Christian Church . THer are three Offices which all Christian Kings are bound to perform towards the holy Church . The first is , To obey the Precepts , Canons and Injunctions of the Church , though it be only by an humble implicit Faith. The second is , To protect and defend the holy Church not only from Infidels , and open Enemies , but from Heretiks and Scismatiks . The third is , To erect Temples and decent Domes of Devotion for the service and worship of God , and to bewtifie and enrich them accordingly with Rents and Ornaments . The Kings of Spain have bin more renownd for these three then any in Christendome . Touching the first , Ther is no King or Souverain Prince whatsoever hath bin or is so exactly obedient to the Canonical Laws , and the Constitutions , Commands and Sanctions of the Church , as the Catholik King is known to be . Ther are no Kings that do more Corporal Penances when they are laid upon them by their Ghostly Fathers : For that Penitential Whip which Charles the Fifth usd , and left all besmeard with his own Blood , is usd often by this King , wherby he mingles his Blood with that of his great Granfather , besides that of his Granfather and Father ; which Penitential Whip is the most precious Legacie that the Kings of Spain use to leave their Sons upon their Death-beds , and is like so to continue to all Posterity . Touching the second Office for protecting the holy Church as well from Aposta●…s and Scismatiks as from open Enemies , I may well say without any derogation , that ther is no King comparable to the Catholik King. Spain did cleer her self with admired Valour and Prudence of three Nations that were enemies to the Christian Church , viz. the Saracens , the Moors , and the Iews : And the Cat●…olik King always bore such a high reverence to the holy Church , that they never got any considerable Victory but they sent the Trophies therof to the Vicar of Christ. I will produce one signal example : When King Albohazin Belamarin had invaded Spain with a mighty Fleet , transporting 20000 Horse , and 400000 Foot , the King of Granada joyning with him also , with all the Moriscos that were yet left in Spain , He first besiegd Tarifa , but Alfonso the eleventh King of Castile , with Alfonso King of Portugal did comport themselfs with such admired Courage and Magnanimity , having no Auxiliaries from any other Christian Nation , but a pure Army of Spaniards , that they obtaind a wonderful and glorious Victory , so that above 200000 Moors were destroyed in fight and flight , the rest made all slaves , as Mariana and Zurita make particular mention in their Chronicles . As soon as the triumphs for so blessd a Victory were ended in Spain , King Alfonso sent a splendid Embassy by Don Iuan de Leiva to Pope Benedict II. then keeping the Apostolik Seat at Auignon in France ; which Ambassador presented his Holiness with a great Banner , and four and twenty of the chiefest Colours they had taken from the Moors . Ther were presented besides 100 Barb Horses with rich saddles , wherunto Shields , Swords and Javelins were hung , and evry horse had a Marisco slave to attend him . Then the very Ginet wheron King Alfonso himself did ride when he got the Field , was presented with rich Caparisons embroderd with Perl . The Pope having notice herof , sent all the Cardinals , with a great number of Prelats to meet the Ambassador ; who being conducted to the Pope , he descended from the Pontifical Throne , and taking the Kings Banner into his hands , he sang with a loud voice , Vexilla Regis prodeunt , Fulget Christi mysterium : so making a pathetik elegant speech of so glorious an Exploit , they went all to the great Church to give God the glory , where the said Colours , Ensignes and Shields were hung up . I could bring many instances more of this nature , how highly respectful the Catholik Kings have bin always of the holy Church , and of her chief Governor in all Ages ; and how ready they have bin to sacrifice their bloods in defence of her . But let us go to these modern times , we know that his Catholik Majesty is in perpetual feud with the Common Enemy the Turk , and how he still disdaind to make a Peace with him though often wooed therunto , wheras other Kings make not only a Peace but Confederacies with him ever and anon . We know what a professd eager Enemy the Catholik King is to all Heretiks , how he suffers none to breathe in his Dominions ; How ready he is always to suppress them in defence of the Catholik Church , and St. Peters Chair , which by the supplantings and Machinations of the late Apostats had quite fallen down , unless the Catholik King had reachd his arms to support and bear it up . Touching the third Office of a Christian King , which is to erect Temples , and hansome places for the worship of Almighty God , no Kings have bin more pious and munificent in that kind : Witness that mighty Monument the Royal Monastery of St. Laurence at the Escurial , a Monument built to Eternity , and to ●…ug with the Iron teeth of time , as the thickness and solidity of the walls do shew . This one stupendous Monument of Piety , which is worthily accounted the eighth Wonder of the World , wold afford matter for one entire Volume of it self : Let it suffice to know here that it cost above twenty Millions the building : It was twenty years before it was finishd ; yet the Founder Philip the second , of eternal memory , enjoyd it twelve yeers after , and at last carried his own bones to be interrd in that glorious Pantheon he had expresly causd to be built for that use . What a world of Religious Houses did this pious Prince erect besides I for in Europe and America he built upon his own charge above a hundred Churches , Monasteries , and Hospitals . Now , it is a great matter for other Kings if they build a College , or Chappel , and are prayed for as great Benefactors ; then I pray what Prayers and Praises doth such a King deserve as Philip the Prudent was ! Argum. 10. Proving , That the King of Spain may claim Precedence because the Catholik Church hath and doth receave greater Protection and Emoluments from Him then from any other Prince . IT is recorded , That when Pope Gregory the thirteenth was sick , it was told him that he was much prayed for , in regard his Life so much concernd the welfare of the Church : He answerd , Helas , the prolongation of any Life can little avail the Catholik Church ; but pray for the health of King Philip , for his Life concerns Her more . Now , Spain hath been always renowned not only for protecting of the Church , and conquering of Infidels , but also for converting of Hereticks . VVe know that Osius Bishop of Corduba had the chiefest hand in the conversion of Constantin the Great , after his Mother Helena a British Lady , from whom he had suckd Christian milk at first , though t was not concocted to good blood until Osius did it . What great favours and indulgence did the poor persecuted Christians receave from ●…rajan , from Elius Hadrianus , from Antoninus Pius , from Theodosius ? all Spanish Emperours in the time of the ten Persecutions . How strongly did Spain tug with the Arrian Heresie till she was quite put upon her back , and at last converted ? The Albigenses in France who had such nefarious , and indeed nefandous Principles , As that it was lawful to destroy Churches , To pull down Crosses , To have Wives in common , That the Humane Soul was of Gods making , but the Body of the Devils , & c. I say , that these ugly Heretiks were principally converted by St. Dominik and by Didacus , ( Episcopus Oximensis ) both of them being Spaniards , and sent by Pope Innocent 3. expresly for that service in the raign of Lewis 7. of France ; wherin also Blanche Queen of Spain took much pains with great success . How much did Charles the fifth labour to quell Luther , and to crush the Cocatrice in the shell ! which causd this Distik to be made in those times of him , and Henry the Eighth of England : Carolus , Henricus , Christi Defensor Uterque Henricus Fidei , Carolus Ecclesiae . Charles and Henry both Defendors of Christ ; Charles of his Church , Henry of his Faith. And Spain is so zelous a Christian , that t is not only sufficient for her to abstain from Heresie , but from the very suspition therof ; which made her to erect , and raise up that wall of brass against it , I mean the Tribunal of the Inquisition . By which sacred Office the Vineyard of the Lord in the Spanish Dominions is kept free from brambles and thorns , with all noisome weeds ; T is preservd and hedgd therby from all wild ravenous Beasts that so much annoy her in other Kingdomes , and set fire on her skirts so often , which Spain by the most prudent and pious establishment of this holy Office is so happily made free . Moreover , ther have bin no Kings so eminently liberal , and munificent to the holy House of God , together with their Governors and Ministers , as the Kings of Spain have bin in all Ages ; insomuch that a computation hath bin made , that well neer the third part of Spain are spiritual Revenues , and the third part of the Churches have bin founded by Kings . The Archbishop of Toledo is the greatest Ecclesiastical Dignity in Christendome next the Papacy ; for it hath above 300000 Crowns annual Revenues , which countervails three of the best Archbishopriks in France . Nor have the Catholik Kings thought it any derogation to make their Sons Archbishops of that place , and Chancellors of Castile . Furthermore , ther hath bin a late calculation made , That of those five or six hundred Millions of Tresure that hath bin transported to Spain from Mexico and Peru since the discovery of the West-Indies , the Church hath the tenth part ; insomuch that in some petty Rural Churches one shall see huge massie Candlesticks of Silver , with large Chalices , Pixes , Crosses and Crucifixes , some of them of massie Gold , and inlaid with precious 〈◊〉 ▪ Nor is this Tresure lost that is given the Church ; For the Clergie of Spain have bin always ready to serve and assist their King in all his exigents and necessities : insomuch that it is a saying in Spain , That los tesoros de la yglesia son como 〈◊〉 contra ●…na tormenta , The tresures of the Church are as anchors against a storm . Adde herunto that no Kings of Spain have felt the fulminations of the Vatican , viz. the sentence of Excommunication , as other Kings have done ; But they have always obeyd with much exactness the Doctrine of the holy Church , resigning their Intellectuals , and the whole inward man to the determinations therof ; as also to defend them against all Opposers ; wheras divers French Kings have had clashes , and frequent contestations with the holy Father . What high feuds had Philippe le Bel with Pope Boniface 8 ! for he passd an Edict of Interdiction , that none of his Ecclesiastiks shold have commerce with Rome : He obeyd not the Pontificial censures , but toar his Letters , detaind his Legats , and convoqud a Provincial Council in Paris against his order , wherin ther were Accusations of Simony and Schism obtruded against him . But all this while the Kings of Castil●… and Aragon adherd to his Holiness as being the Head and Common Father of the Catholik Church . Lewis the eleventh of France against the Ecclesiastical Liberties did institut the Pragmatical Sanction , enforcing the Pope to assent therunto , wherby all the Cano●…cal Laws and Discipline fell in France , as Mausonius observes . Charles 8. enterd Rome against the Popes will , and did as good as war with him , as with an enemy , but the Catholik King Ferdinand 5. adherd to him to very good purpose . Touching Lewis 12. what a bitter enemy he was to the Apostolik seat ! what troubles he excited against Iulius 2. which gave the first countenance and rise to those Heresies that have pullulated in the Church , and so miserably torn the very Bowels of her ever since ! Philip 2. of France repudiating his lawful Wife , married another not only without the consent of Celestin , the holy Father , but against the opinion of his own Ecclesiastiks , whom he handled with so much rigor and tyranny . Philip the first of France did no less bandy against the Decrees of the Church in divers things , and did likewise cast off his Legitimat Wife , and forcd another . Lewis 6. of France did so persecut the holy Church , that he drew Anathemas and spiritual Execrations upon him . Lewis 7. of France had such contentions with Pope Innocent 〈◊〉 . that he remaind under the heavy sentence of Excommunication three full yeers . Charles le Bel was so highly disobedient to Pope Iohn 23. that he interdicted to pay him his Tenths , and other Ecclesiastik Rights . Francis 1. and Hen. 2. of France to their eternal reproach calld in the Turk to their assistance against the Christian Emperour . Of all which particulars ther are Authentik Historians who make mention , and leave it upon record to all Posterity . But the French speak very loud how Charles the fifth raisd such a fierce war against Clement 7. that he besiegd Rome , and made the Pope prisoner . T is confessd , but it was upon a pure temporal score ; yet he resented it so much , that it drew repentance from him ; nor did he grieve a whit that his General the Duke of Bourbon was killd as he was scaling the walls of Rome , because he had exceeded his commission : Nor when the news came to Spain of the success of the Emperours Army , was any joy of triumph shewd at all , but rather a dark sadness , and all the signes of sorrow , which possessd him to his dying day ; And for a compensation to the Holy Father , he establishd his Nephew in the State of Florence . Thus have we collected the Reasons and Arguments of these three great Monarks in order to a Precedence of Place , and Superiority . Concerning the Reasons of the two latter , they are excerpted , drawn and deprompted out of the eminentst Authors who have written in their behalf ; and that with such fidelity and truth , as the Majesty of so high a subject doth require , not omitting any Argument that had weight in it . Touching the competition twixt other Souverain Princes , as that twixt the King of Denmark and Him of Sweden , who both entitle themselfs Kings of the Goths and Vandals ; as also that twixt the Portugues and the Pole ; Twixt the Republiks of Venice and Genoa , who both pretend to be Teste Coronate , to be Crowned Heads , because th●… one had the Kingdome of Cyprus , the other hath that of Corsica under her Dominion ; as likewise the old Competition twixt the Duke of Savoy , and Him of Milan , ( which is now drownd in the Spanish Titles ) Nor of the Princes of Germany ; I say , that the Disputes of these Precedencies do not belong to this present Discourse . Ther are also divers other Competitions twixt Cities as well as Souvrain Princes , as twixt Milan and Ravenna in Italy ; twixt Strasburg and Norimburg in Germany ; twixt Toledo & Burgos in Spain , which Philip 2. did in some mesure reconcile : For when in a Parlement ( which they call Las Cortes ) ther was a high feud twixt these two Cities , whose Bourgesse shold speak first ; the King stood up and said , Hable Burgos , que por Toledo hablare yo ; Let Burgos speak , for Toledo I will speak my self . The like Competition is in England for Precedence twixt Oxford and Cambridge , which hath bin often debated in Parlement , though Oxford had always the better , because she is namd first in all Acts of Parlement for Subsidies . Nor indeed hath Cambridge reason to contend in this point , if Antiquity take place , and Antiquity is a good argument ; for Lucian will tell us , that when ther was a Contest in Heven twixt Esculapius and Hercules for Precedence , Esculapius carried it , because he came first thither . Therfore Cambridge need not be offended with the Poet when he sung , Hysteron & Proteron praepostera forma loquendi , Exempli causa Cant'brigia Oxonium . Ther 's also another Argument for Oxford drawn ab Etymologia , which the Philosopher tells us is a good way of arguing , viz. Ther was an Ox and a Ford , then Came a Bridge . But these two Noble Sisters as they are unparallelld by any other in their kind , let them be equal among themselfs , and listen unto the Poet , Sisters , why strive you for Antiquity ? The older still the likelier for to die ; Wold you wish your own ruine ? surely no , Let Mouldring Age on meaner things take hold , But may You florish still , and nere grow old . And let this be a Close to the Third Section . The fourth , & last Section , CONTAINING A DISCOURSE OF AMBASSADORS . THer is a good Rule in the Schools , Qui bene dividit bene docet : Therfore we will make this Fourth Section to conform and quadrat with the other Three in point of Division ▪ It shall also be a Decade with the rest ; and as ther is Affinity of Matter betwixt them , so ther shall be affinity of Method ; For it shall likewise consist of ten Parts or Paragraphs . 1. The first shall be of the derivation and Etymologie of this word Ambassador ; with the Definition , Division and Denomination of Ambassadors and Legats . 2. The second shall be of the indispensable and absolut necessity of Ambassadors , and that Mankind cannot subsist without Them. 3. Of the Antiquity , the first Rise and Pedigree of Ambassadors ; as also of their Dignity , high Honor and Pre-eminence , and who are capable to employ them . 4. Of their Privileges , Reception , Security , and the inviolable sacred esteem of their Persons . 5. Of the Breeding and Education , the Parts and Perfections both acquird and natural which are requird in an Ambassador . 6. Of the Election and choice of an Ambassador , that he should be Par Negotio , adaequat to the Employment he goes about . 7. Of the Office and Duty of an Ambassador in the execution of his Place , and acquitting Himself of the great Fiduciary Trust reposd in Him. 8. Of the Laws of England relating to Ambassadors , how they use to be receavd , and treated in the English Court , and what Rewards they receave , &c. 9. Of the wise Comportment , and witty Sayings of divers Ambassadors during the time of their Negotiation . 10. Of the extraordinary Prudence and Reservedness , the Stoutness and Generosity of divers English Ambassadors , &c. THer are many Authors who have made it their business to write of Ambassadors , and of their Office , Incumbency and Charge ; as also of their Qualities , Breeding , and sutable Parts . They have moreover undertaken to prescribe them Rules , Precepts and Cautions ; but those Precepts may fit any other Minister of State , or Magistrat , and so they amuse the Reader with Universals . But this Discourse shall keep close to the Person of the Ambassador , and to the Nature of his Function , Office and Duty . And so we will take the first Paragraph in hand . 1 Paragraph , Touching the derivation and Etymologie of this word Ambassador ; With the Definition , Division , and Denomination of Ambassadors and Legats . NEither Don Antonio de Zuniga the Spaniard , nor Doctor Gasparo Bragaccia the Italian , with divers others who have written so largely of an Ambassador , do let us know what the Word is , either Ambassadeur , Ambasciatore , Embaxador , or Ambascia . Now we find them all to be of great Antiquity , for they are derivd of an old Celtik or Gaulish word ; which Celtiks were before the Greeks or Latins , a Peeple that dwelt where Paris in France now stands , being calld so before the Romans or the Franconians came in . Now Embassy or Ambascy comes of Ambachten , which is to work ; and Ambacht was a servant in the old Gaulik or Celtik toung , wherunto alludes Bachken , usd yet in Wales for a servant ; wherby among divers other Arguments it is very probable that the ancient Gaules and Britains spake one Language originally ; From hence came Ambactus which Tacitus useth , when he saith , That Galli plurimos circumse Ambactos Clientesque habent . So that Ambasciator derivd hence , is come now to be a servant , or Minister of honor ; for in some Translations we have Paulus Dei gratia Diaconus , & Ambasciator : Insomuch that it may well extend to the holy Function of Priests : For the Minister on the Desk may be said to be the Peeples Ambassador to God , and in the Pulpit Gods Ambassador to the Peeple . But the Italians wold have Ambasciatore to come from the old Hetruscan word Bascer , which signifidth nunciare , to report or declare . Others have a conceit that it may come from the word Ambo , because he is a Mediator twixt both Parties . Now , touching the Definition of an Ambassador , or Legat , Don Antonio de Zuniga , defines him thus : A Legat or Ambassador is a Conciliator of the Affairs of Princes ; A Man sent from far to treat of publik Concernments by particular Election , not by strength and stratagems of War , but by Eloquence and force of Wit. Others define him to be a Subject who resembleth a Mediator of Love. Concerning the word Legat , Resoldus tells us in brief , that He is one who is sent to deliver the Commands of another : but none of these can be calld properly Definitions according to the Rules of Logik , but Descriptions . They are calld sometimes Orators , from Oracion , or the fluency of the Toung , which is the chiefest tool of an Ambassador . They are calld also Nuncii , because they come to declare and tell . Now , Nuncii and Legats are of late Ages they whom the Popa sends , whose Ministers of this kind have a mixt employment twixt Spiritual and Secular . Legats are of three sorts , ther is Legatus Natus , Legatus Missus , and Legatus à Latere : The first hath a perpetual successif Legantine Power , as the Archbishop of Canterbury in England , is endowed with that Prerogative as a Dignity annexd to the Archbishoprik above 1000 years since ; therfore ther can no other Legats come to England without the Kings special consent : wherupon one of the Articles against Cardinal Wolsey was , That he exercised a Legantine Power in England without the Kings privity . Then ther is Legatus Missus , and he signifieth as much as an ordinary Nuncio . Then ther is Legatus à Latere , or Apostolical Nuncio , who is desumd out of the number of Cardinals only , and they are sometimes G●…vernors of Provinces , or calld Pro-consuls ; and they are calld Legati de Latere , because they are neerest the side , and the greatest Confidents of the Pope . We may read in Iustine that Ambassadors by some are calld Lenones Bawds , ( but taken in a chast sense ) because by smooth and alluring Language they move the affections of the Prince to whom they are sent . The Greeks call their Ambassadors 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , because they ought to be of yeers , and well salted in the world . Ther are also Deputies and Commissaries who have the same Office as Ambassadors ; but the Civilians make this difference betwixt them , that Ambassadors are sent to Equals , Deputies to Superiors , and Commissaries to Inferiors . Ther is also a publik Minister of State calld Agent ; and he is sent when ther is a suspition that the Ambassador will not be honord as he shold be . Therfore the French Kings of late yeers have no Ambassadors in the Emperors Court , but Agents , because of the Competition for Precedence twixt him and Spain . Agents are likewise employd sometimes to save charges , or that the Business may be done without noise . Ahd of late yeers ther is a new Minister of State invented , which is a Resident , who is superiour to an Agent , and inferiour to an Ambassador . Both Agent and Resident have the Security , though not the Session and state , or such a latitude of power as Ambassadors have : Now , Agents may dispatch Businesses of as great consequence as Ambassadors , though they do it more secretly , and with lesse stir . Therfore Hottoman saith , That the Queen of England , and the Princes of Germany had des Agens Secrets in Venice , because that in regard of diversity of Religion , the Senat wold not seem to make too strict a frendship with them ; and for these secret Employments Merchants have bin thought to be the fittest Instruments , because under the cloak of Trading they may also hide Affairs of State. Ther are also Heralds which are a sort of Ambassadors , and they are very ancient ; They are calld Caduceatores , whose Office is to denounce War : for such was the open honesty of our Ancestors , that they would not commence a War until they had sent notice of it in a convenient time beforehand ; and these had also the security of Ambassadors for the time , but they were strictly tied to the very same words that were dictated unto them . Their persons also are to be as free from any outrage as Ambassadors are , which made the Earl of Essex check his soldiers in Keinton-field when the late King sent Sir William le Neve King of Arms the next morning after the Battail was sought ; who wold have outragd Him. Ther are also other Ministers of State that draw neer to the nature of Ambassadors , which are calld Consuls , wherof some have Royal Commission , though the nature of their Office be to protect and assist the Merchant , being practisd in the Custome and Language of the Country , in their Law-suits ; and ther is as much esteem had of these as of Agents . Of these England hath more then any , and they are allowd very noble allowance ; as he of Aleppo hath 4000 Dollars yeerly , and they of Smyrna and Mosco little less : but if ther be an Ambassador in that Dominion where they serve , they are subordinat to his commands in divers things . We will conclude this Paragraph with this distinction of Ambassadors , That some are extraordinary or pro tempore employd upon some particular great Affairs , or Condolements , or Congratulations , or for Overtures of Marriage , &c. and they use to go with greater lustre and magnificence , and may return without sending for leave , unless ther be a restraining clause in their Commission . The other are Ordinary or Lidger Ambassadors commanded to reside in the place until they receave Letters of Revocation ; and as their time of return is indefinit , so their business is incertain , arising out of emergent occasions , and commonly the protection and affairs of the Merchants is their greatest care . But Albericus Gentilis , with all the great Civilians , alledge that these kinde of Ambassadors were not known but of late yeers , and Paschalius calls them no better then Emissaries , Explorators or Spyes , which made Hen. 7. of England , as he saith , admit of none . The second Paragraph , Of the absolut and indispensable necessity of Ambassadors , and that Mankind cannot subsist without them . IF it were not for Ambassadors Wars wold be endless , and Enmities everlasting ; Ther wold be no knowledg , no frendship among Princes , nor commerce among Nations . Brunus says , That among all Functions , all Offices and Employments of a Commonwealth , ther is none more necessary , more difficult , more honorable , and that requires greater discretion , sagacity and caution , then that of an Ambassador : but as it is accompanied with honor and profit , so it is with danger and hazard . Ambassadors are the emissititious Eyes of a Prince , they are his ears and hands , they are his very understanding and reason , they are his breath and voice ; in contemplation wherof the Poet sings that an Ambassador is — Vox Regum , lingua salutis , Foederis Orator , pacis via , Terminus irae , Semen Amicitiae , Belli fuga , litibus hostis . It is observd in all stories , and confirmd by multitude of examples , that the Interview and encounter of Kings hath bin rather a disadvantage then an advance to any great business , specially in treating of Capitulations of Peace . Therfore in the Politiks t is a Principle , that in Colloquies for Pacification Princes shold not appeer in person , but be represented by their Ambassadors and Commissaries . A Journey to be performd by Kings requires much trouble and charges ; much ado ther is in fitting their train , that they may appeer in a fitting equippage ; all which consumes time , as also what high ceremonies are to be usd in so solemn an action . Philip Comines , who always dismisseth his Readers wiser then they came , gives special Cautions for this , Affirming that the congress of Souverain Princes in regard of the various circumstances that attend it , is a meer folly ; it is exposd to emulation , jelousies , and envy , as also to delays , and retarding of things by needless solemnities . He makes an instance in the personal Encounter which the Kings of England and France had , ( where it is observable that he puts England before France ) adding further , that Lewis the eleventh though a politik wise King , was much afraid before-hand that some word might slip from him which might give offence , or some advantage to the King of England , or his Ministers ; Herunto he adds an infortunat Journey that the King of Portugal made to the said King Lewis for assistance against the Castilians , which perhaps he might have procurd by a discreet Ambassador , which makes him give a caution touching this point . Bien tard ●…n Prince se doit mettre soubs la main d'un autre , ni aller cercher son secours en personne : A Prince shold hardly put himself under the hands of another , or go seek aid of him in person . Paulus Emilius also describing the personal meeting that was between King Richard of England and Philip Augustus of France , ( who also in the relation puts him of England before France ) saith , that their often Conversation and Colloquies did much retard and disadvantage the great business of an Expedition to the Holy Land. We will adde herunto the memorable example twixt Matthias King of Hungary , and Uladislaus King of Bohemia , who after a long War were to meet for concluding a peace in Olmutts in Moravia , where Matthias ( meerly out of state ) made Uladislaus stay for him 15 days ; Moreover , Matthias came with a green Garland about his temples in policy that he might not uncover his head : Uladislaus therupon causd his Cap to be so girded and knotted about that it could not be taken off . — Sic Ars d●…luditur arte . But ther is a Modern Example far more pregnant then any of these , of Charles the first King of England , whose Journey to the Court of Spain , though the designe was Princely and Noble in it self , for it was to endear himself the more to the Lady Infanta ; yet it provd very disadvantagious , for it distracted and retarded the whole business both of Match and restitution of the Palatinat , when by the negotiation of Ambassadors it had bin brought to such a passe of perfection , that it had taken effect had not the Prince come thither , which gave occasion for the two great Favorits Buckingham and Olivares to clash one with another , which broke the neck of so great a Business that had bin a moulding above ten yeers ; which had it bin left to the sole management of Ambassadors , had in all probability bin consummated . Thus we see how absolutly requisit and necessary , how advantagious and essential Ambassadors are to a Kingdom or Common-wealth ; which made the Roman Orator say , Sentio Legatorum munus tum Hominum Praesidio munitum esse , tum etiam Divino Iure circumvallatum : I ●…old the function of Ambassadors to be fencd by mens power , and fortified by Divine right . We will conclude with a Cannon of the Civilians , Legatorum munus perquam utile est , ac perquam necessarium : The Office of Ambassadors is most 〈◊〉 , and most necessary ; which makes the Spaniards call it Santo Officio y Ministerio de los Angeles , The holy Office and Ministry o●… Angells . The third Paragraph , Of the Antiquity , the first Rise and Pedigree of Ambassadors ; as also of their Dignity , high Honor and Pre-eminence , and who are capable to qualifie , and employ Ambassadors . FRom the Necessity of Ambassadors we will proceed to their Antiquity ; and surely they must needs be very ancient if they are so necessary . Some draw their antiquity from Belus the Father of Ninus ; but Iosephus makes them more ancient , and refers their Original to God Himself , who was pleasd to create the Angels for this Ministry ; Therfore Embassy in Greek is calld 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as being derivd by imitation from the Hierarchy of Angels , who are made the Ambassadors of the great King of Heven upon extraordinary occasions , either for revelation of the successe of Kingdoms , as the Archangel Gabriel was to Daniel ; Or for the declaring of some rare and signal thing , as He was sent also to the Blessed Virgin of the Conception of our Saviour , &c. Now , ther is no Order or Government in this lower World as well Ecclesiastical as Secular but it is had from the Pattern of the higher , in regard that God Almighty created the Elementary World , and appointed the Government therof to conform with the Architype and chief Pattern , or Ideal Form of the same conceavd at first in the Divine mind , and prescribd to the Hevenly Kingdome . Herunto alludes the Fiction of the ancient Pagans ; For Aristides tels us , that in the first Age of the World , wheras Mankind was infected by Brute Animals , wherof some were far stronger , others swifter , others were Venemous , which made Mankind become often a prey to Birds , to Beasts and Serpents , Prometheus being sollicitous and studious for the safety of the humane Creture , became Ambassador , or Orator to Iupiter for declaring the misery of Mankinde ; Herupon Iupiter resolvd to send his son Mercury to teach Man Rhetorik , that is , to speak well and movingly ; but with this restriction , that he shold not communicat this Art to all , but to the excellentst , the wisest and valiantst sort of men : By means herof they came down from the mountains , and forth out of Caves and places of fastness , and by means of that Art of Rhetorik or Eloquence they united themselfs to civil Societies and coalitions . Hence it may be inferrd that Mercury the God of Eloquence was the first Ambassador , and he is painted with wings on his heels to denote expedition ; Besides , he carrieth a white Wand calld Caduceus in his hand , encircled with two Dragons greeting one another , which signifieth that his Office is to make Peace , Alliances and Legues , as also to de nounce VVar , which is intimated by the immanity of the Dragon . Having thus displayed the Antiquity , we come now to the Honor of Ambassadors ; and questionless they must needs be very honorable being so ancient . Royalty may be said , without prophaness , to be a Ray of Divinity ; and Honor is a Ray of Royalty ; The first is derivd immediatly from Heven , the other from Earthly Kings , who are calld the Fountains of Honor. Now , the reflections of this second Ray falls no where so directly as upon Ambassadors , who represent and personat Souverain Princes , which makes their Houses Sanctuaries , and their Persons so sacred , inviolable and excellent : and they have this high honor given them not only for their own sakes , and their Masters , but as they are Instruments of so universal good , as suppressing of Wars by making Peace , Frendship and Concord ; or for the advancement of Commerce and Frendship . Now , it adds much to the Honor of Ambassadors that none can send any under that Title unless he be a Souverain Prince : Ther is no subject capable to send or receave any Ambassador , be he never so great a Viceroy ; if he do , it is no less then High Treson . Therfore before the beginning of the last Civil Wars in England , it was Treson in the highest degree for the Scots Inconsulto Principe , to send Lowden and others in quality of privat Clancular Commissioners to treat with the French King in the name of the whole Nation for assistance . And though the King himself made a semblance not to admit or hear them , yet his fiery Cardinal huggd them ; whence it may be well said the first flames of the said VVars broke out . It is recorded in the Life of Eliz. Queen of England , that the Duke of Alva when he was Governor of Flanders sent Christopher Assonville in quality of a Minister of State ; but the Queen wold not admit him , because he could produce neither Commission or Credential Letter from the King of Spain , whose Vassal Alva was . In the year 1604. the King of Spain motiond that the publik Minister who was here for the Hollanders shold not be stild Ambassador , because they are subject to the Empire , and have a Superior , having bin incorporated in the Empire by Charles the fifth 1548. at the Diet of Auspurg , as Meteranus relates , and says besides that Rodolphus 2. writ Letters unto them 1607. as to Vassals of the Empire , and consequently they had no power to make Peace or War without the consent of Caesar , which they then acknowledgd by their Letters sent to Colen . The Electors and Princes of Germany have got a privilege to send and receave Ambassadors touching matters that concern their own Territories , but not the state of the Empire : The like the Hans Town may do . But Rebels have no capacity to employ any in quality of Ministers of State , no not so much as an Herald : Therfore Charles the fifth was censurd for admitting a Herald with Letters denouncing a War from the Lutheran party in Germany , and dismissing him unpunishd ; though he told him that if he came again , in steed of a Gold Chain he shold have a Halter for his reward . Touching the Electors or Princes of Germany , and the Hans Towns , or Cities of the Hansa , it hath bin much controverted whether they had Ius Legationis , whether they had a capacity to make a Mission of Ministers of State that might bear the quality and privilege of Ambassadors . Concerning the first , Kirknerus a great Civilian holds , That the German Princes may have such a Prerogative , but it is secundario tantum Iure . Et qui Ius mittendorum Legatorum secundario tantùm Iure habent mittuntur Legati non de Rebus universum concernentibus Imperium , sed tantùm sui Territorii ratione , eo enim Ipsis intuitu tantùm datum ; ultra igitur terminos non est procedendum , fieret enim altàs prejudicium Imperatori , &c. The German Princes may employ Ambassadors to Forren Princes by a secondary Right , not to treat of Affairs concerning the Universal Empire , but of things only appertaining to their own particular Territories , and beyond those bounds they must not proceed . And ther are some Princes in Italy also that are no less under the Majesty of the Empire in this kind , but , &c. As for the Hans Towns and Corporations , they claim the same privilege as the Princes do , for they are free Imperial Cities , and communicat of the same Regalias , yet all by the indulgence of the Emperour , wherunto his necessities from time to time enforcd him . The Provinces of Belgia , or the Netherlands , under pretext of such a Right sent the Baron of Montigni as Ambassador to Spain at the beginning of the tumults ; but Philip the second choppd off his head , saying , That Vassals , much less Rebels , have no power to employ Ambassadors ; Yet this King his Grandchild admitted Ascham who came from as notorious Rebels , ( though not in reference to him ) which he excusd in regard that Queen Elizabeth had receavd Ambassadors from Holland at their first revolt before they were acknowledgd a State , and that she was the chiefest supportress of them . VVe will conclude this Paragraph with this Ticklish Point , VVhether a Protestant Prince may not send an Ambassador to the Pope , and by way of civil correspondence receave another from Him : though Iustice Ashton was of a contrary opinion , yet Sir Edward Coke was for the Affirmatif ; and his reason is , because that besides his Spiritual Jurisdiction the Pope is a Temporal Prince ; and ther may be Ambassadors sent to him as well as to the Turk , or Mogor . The fourth Paragraph ▪ Of the Privileges , Security , Reception , and the honorable sacred esteem which hath bin always had of the Persons of Ambassadors . AMong many other Privileges which Ambassadors enjoy , and are endowd withal Iure Gentium by the Law of Nations , not only their Persons have bin always esteemd sacred and inviolable , but their Houses have bin held and allowd as Sanctuaries , all their Servants from the Stuard to the Scullion-Boy are free from all kind of outrages , violence or arrests . And they have this security not only in Courts and Cities , but in the midst of Armies in the Field , twixt Swords , Muskets and Guns : for though Ambassadors come from an Enemy , yet they are accounted none . VVhensoever they take footing upon the shore , or confines of any Prince to whom they are sent , they use to be attended by Harbingers and other Officers all the way , till they arrive at the Court. If they be robbd , the King makes good their losses : If an extraordinary Ambassador , he is attended at his first entrance with a more splendid equippage ; he is Lodgd , and Dieted at the Kings charge for so many days with his whole train . At his Audience the King riseth to him , pulls off his Hat , and bows his Body , &c. Besoldus produceth the King of England , anno 1527. for an example how he observd the French Ambassador as if he had bin the King himself ; His words are , Angliae Rex Gallicum Legatum planè ut Regem observavit , eique supremum locum concessit , adeoque honoravit , ut in Comoediis ipsius Regis filiae sustineret personam : The King of England observd the French Ambassador plainly as the King , and gave him the upper place , and he so honord him that he held by the arm the Kings Daughter to a Comedy . But the Princes Electors carry themselfs high in this particular , for they take place of Ambassadors ; and the reason which Guetta and other Civilians give , is , In praesente Principe vera Majestas , in Legato tantùm dignitas aliena ; In Principe reiveritas , in Legato effigiata & adumbrata est : ut autem umbra Luci , ita Principi Legatus ; quamvis enim Fictio tantùm operetur quantùm rei veritas ipsa , tamen ubi veritas & Fictio adidem collimant , veritas praevalet Fictioni . In the present Prince ther is real Majesty , in an Ambassador only a representative ; In the Prince ther is the truth of the thing , in an Ambassador the effigies or shadow : Now as the shadow yeelds to the light , so an Ambassador must yeeld to a Prince ; For although a Fiction operats as much as the truth of the thing , yet where Truth and Fiction aim at one thing , Truth is Prevalent . Nay , the Electors jointly hold themselfs to be more then the Emperour , he being their production , and made by their Suffrages and election ; and the Rule of Heraldry is Honor est in Dante . But all this is by the by . Now , so high and transcendent is the privilege of an Ambassador , and his Person so sacred , that whosoever doth perpetrat any thing against his safety , he is guilty of High Treson of Laesae Majestatis , that is , of prostituted Faith , Publik Authority , and of a breach of the Law of Nations . Qui violarit Legatum Lege Iulia de vi publica tenetur , VVho violats an Ambassador by the Iulian Law he is guilty of publik violence ; and by the Pontifical Law t is no less then a Piacle , therfore he is interdicted from the benefit of holy things . We will produce some Examples what revenges have followd for the violation of Ambassadors . The King of the Ammonits did deride and ill entreat the Ambassadors of King David , and to make them more contumelious , their Beards were half shaven , and their garments torn to their tails ; but what ensued ? the Ammonits afterward were overcome in Battail , and Rabba their chief City being taken , it was sacrificed with other Cities also to free plunder , and the fury of the soldiers ; so the affronts done to the Ambassadors were vindicated . The Romans usd for a Piaculary Revenge to send those who had violated an Ambassador to the King whose person he represented as a victime , that he might inflict upon them what punishment he pleased for the a●…rocity of the Fact. So Minutius and Manlius were sent to Carthage by a solemn Decree of the Senat because they had wrongd her Ambassadors at Rome . And so respectful were the Romans of the sacred Persons of Ambassadors , that if any free Citizen of Rome did offer the least violence though by words only , he was degraded of being a free Citizen ever after . Nay , the very name of Ambassador is so sacred , that ther is a rare example that though some did counterfait it , yet they wold lay no violent hands upon them ; For Scipio Africanus having taken a ship laden with many illustrious Carthaginians , they said that they were Ambassadors sent to him , yet , though it was found they were none , he dismissd them peaceably , That as Valerius hath it , Romani Imperatoris potiùs decepta fides quàm frustra implorata videretur . Ambassadors also have a privilege that what children they get abroad , be it under what Climat it will during their Legation , they are free-born Denizens of that Country whence they come , and need no Naturalization ; and the reason which Hotoman gives , is , that they cannot be said to be absent thence all the while , being still doing the business of their own Country , though they live as Exiles for the time for the common good . Besides , if they chance to die there , their goods are not subject to droit d' Aubaine , that is , they do not fall by Escheatage to the King as other strangers goods do in some Countries . When they are revokd home , they are advanced to the best Offices , and not only as a jeering French-man said to pluck Capons , as Sir Henry Vane , Sir Peter Wichts , and Sir Thomas Edmonds were , who were made Officers of the Green-cloth in the Kings Houshold ; Lastly , after their deaths ther were statues erected to perpetuat their memories . The fifth Paragraph , Of the Breeding and Education , of the Parts and Perfections both Acquird and Natural which are requird in an Ambassador . AS in a General , or Commander in chief of an Army , ther is requird Valour , Magnanimity and Courage ; so in an Ambassador ther is Wisdome , Discretion and Prudence requird : The one is for Performance and Action , the other is for Counsel and Negotiation . Ther is also Elocution requisit in both , in the one to enforce the justice of the Quarrel , and to infuse courage into the soldiers by his Hortatives , in lieu wherof Sermons are made use of in latter Ages ; in the other to move the affections of the Prince he is sent unto . Therfore Mercury was appointed to be Ambassador of the Gods in regard of his Eloquence . And this strain of well-speaking in an Ambassador must be natural as well as by art ; for the Italian tells us , Una oncia di Natura vale una libra di Dottrina , An ounce of Nature is worth a pound of Learning . Touching matter of Literature , ther are two principal Qualities requird in him , viz. to be a good Historian and a good Linguist ; being the first , t is presumd he is stord with Examples , Precedents and Observations of the Carriage of other Ambassadors ; Of what encounters and difficulties they found in their Negotiations , and what successes they had . By being a good Linguist he hath extraordinary advantage to facilitat his affairs , to converse with other Ambassadors upon the place ; to get intelligence , and gain the knowledge and frendship of the prime men and Ministers of that Prince to whom he is employd , and to get his favor also . But it is a caution which the Civilians give , That an Ambassador shold not speak but in a Language which he well understands for fear of slips , and placing a word amiss : Now , t is a great truth specially in an Ambassador , that Meglio è sducciolare co ' piedi che con la lingua , T is better to slip with the foot then with the toung : Now , the toung being by the institution of Nature in udo posita , put in a moist place , is very subject to slip . That worthy Knight Frederik Marselaer in his Book calld the Legat , and the Civilians , point at divers qualities that shold be in an Ambassador . 1. He shold be an Indigena born in that Country whence he comes , that all his hopes of preferment may be there : and certainly a Stranger or Alien though made free Denizen cannot be so proper ; for a true-born Childe must needs negotiat with more affection for the honor and safety , for the benefit and interest of his own native Country and Mother . 2. He must be a Gentleman born , or Noble ; for all Gentlemen are accounted Noble in other Countries . He must be no Agaso or Caprimulgus , and then he will gain more respect from the Prince and Peeple to whom he is employd : for since he must take Precedence of Princes , Dukes , Marquisses and Earls , &c. they will not think it much to give him priority of place being well born . 3. He must be a comely and graceful Person being to represent the person of his Prince ; for the peeple of that Country to whom he is sent will be apt to think that the Prince whom he personats is so . We read that Artaxerces culld out sorty of the hansomst men that could be found to send in quality of Ambassadors to Alexander , who were also hansomely clad , so that it was a question whether they were a greater ornament to their Garments , or their Garments to them , as the Greeks said . An Ambassador being employed from England to Rome with a train of very comely Gentlemen , the Pope beholding them , said , Hi videntur potius Angeli quam Angli , These appeer rather to be Angels then English-men . Aristotle being askd why outward beuty and comliness begat so much love , answerd , That this was a Blind-mans question . 4. That he shold be well in yeers ; for Experience being the great Looking-glass of Wisdome , and Wisdome being the principal Vertu requird in an Ambassador , Men that have many yeers on their backs qui ont pisse en beaucoup de neiges , as the Frenchman saith , must needs have more experience by observing the vicissitude of worldly things , and the successes therof ; who have passed the unruly affections of Youth , which like so many Mastiffs do daily set upon us . Senators ( or Counsellors of State ) are denominated from Senes , Old men ; and an Ambassador , who may be rankd among the highest Counsellors of State , shold be so . T is a tru saying , Qui in multis versati , versuti sunt . 5. That he shold be of a proportionable good Estate , and not indigent , for then he will be the more sedulous , diligent and careful in his charge , because he hath something to loose : for his Estate may be said to be his Bayl all the while he is abroad . Moreover , it will add much to the reputation of an Ambassador if he be known to be rich . 6. He must be liberal and munificent , remembring the Person whom he represents : for a sordid parsimony and niggardness is odious in all men , specially in an Ambassador . The Spaniaro saith , That Dadivas entran sin taladro , Gifts make their way in without a Wimble , and nothing concerns an Ambassador more then to make his way into the Consults and Transactions of state of that Court where he resides , which cannot be done if he be close-fisted . When Sulpitius Galba and Aurelius Cotta did contend who shold be sent to Spain Ambassador in the time of Viriatus , Emilianus one of the Senators said , That neither of them was fit ; for the one was poor , and the other was covetous ; th●… one had nothing , and nothing wold satisfie the other . Ther is a remarkable passage in Iovius , That when the Florentines sent Ambassadors to Charles 5. and Clement 7. being then at Bolonia , together with their houshold-stuff , they brought covertly many rich Commodities to sell , because they might be free from paying the Gabel : But the Searchers of the Custome house having discoverd it , they became a laughing-stock ; and , as unworthy of the Office of Ambassadors , they were remanded home without audience . By this example it appeers that Ambassadors Luggages may be searchd ; Wherunto we may add another of Sir Thomas Chaloner sent Ambassador to Spain by Queen Elizabeth , who sending complaint home that his Chests had bin searchd , the Council sitting therupon determind , as Campden hath it , in these words , Legato omnia aequi bonique ferenda , dummodo Principis Honor non directè violetur ; An Ambassador must bear all things patiently , provided that the Honor of the Prince ( whom he serves ) be not directly violated . 7. He must be accostable and courteous , and not of a moross humor , yet reserving still his sta●…e and gravity when time , place and persons require . Urbanity and gentleness works much upon all affections , and he is a cheap Frend who is got by a Complement : Therfore it becomes and behoves an Ambassador to comply with all in civilities by being of a winning , complacentious and benign behaviour ; yet not to make himself too cheap , and to have a special care where he placeth his Complements . 8. An Ambassador also must be constant , and tenacious of the Religion of his Prince and Country , both in the confident profession , and constant practice therof ; if he cannot publikly , yet privatly within the walls of his own House ; for nothing raiseth a repute more then an opinion of Piety . Therfore he must be very careful in the choice of his house , that it be fair and large , and a good distance from the Court , otherwise he may be pesterd with too many Visiters that will have their feet under his table ever and anon . He must be also constant to the habit and vests of his own King and Country : For he who doth not follow the fashion of his Prince herin , may be said Exuere Personam ; and this was imputed as a great fault and fantastiqueness in my Lord Rosse when he went to Spain in King Iames his time , who appeerd at his first Audience , and continued afterwards in the Spanish habit . An Ambassador must be also very careful in the choice of Liveries for his Pages and Laquays , that they be rich and fair , but not fantastical : As likewise that he be well Coachd , and that his Coach be well drawn by good Horses ; for nothing sets forth the lustre of an Ambassador more . The sixth Paragraph , Touching the Election and appointment of an Ambassador , that He shold be Par Negotio , or adaequat to the Employment He goes about . THe discretion and prudence of a Prince discovers it self in nothing more then in the choice of his Instruments . The old Poet tells us , If Carpenter have not good Tools , He makes ill-favourd Chairs and Stools . But of all other Instruments and Officers , ther must be most inspection had in the choice of his Ambassador : for as the incolumity of the Kingdome depends upon the King , so the welfare of the King depends much upon the ability of his Ambassador . Therfore this trustful Charge , this sacred Function must not be prostituted to evry one , for Ex quol●…bet ligno non fit Mercurius , Evry one is not cut out for a Mercury , that is , an Ambassador ; for Mercury is accounted the God of Ambassadors . The Romans for a time did choose Ambassadors Sortilegio , by Lots , as the Venetians now choose their Doge ; and this was to prevent competitions and corruptions : Some were chosen Togâ , by the Gown for their wisdome ; some Sago , by the Cassock ●…or their experience in the War , according as the quality of the present business did require ; and indeed t is a great advantage to an Ambassador to have something of a Soldier in him , howsoever he must go always Cinctus gladio , with his Sword by his side ; and the Prince who sends him must have also his Sword in his hand though he treats of peace . The principalst quality requird in him is to be Intrepidus , to be fearless , resolut and stout . He must not be pusillanimous and sheepish ; for the witty Proverb will tell him , Chi pecora si fà il lupo se la mangia , Who makes himself a sheep the wolf will devour him : Therfore ther must be a special care had to pry into the genius and natural disposition of the party in this particular ; for t is a tru principle in humane Nature , That a Coward cannot be an honest man , and Honesty is a main thing requird in an Ambassador . Therfore he must not be dejected and cast down at the cross traverses and success of any business ; his courage must not be daunted or dashd at any thing . He must be also bold and confident in his Proposals and Demands ; for Qui timidè rogat docet negare , Who asks with fear teacheth how to deny : And let him be sure to ask rather too much then too little ; for Domanda assai , che non mancherà poi à calare ; Ask enough , and ther will be enough to aba●…e afterwards : Therfore let him not be stanchd , or mealy-mouthd in his Demands and Audiences ; Blushing and Bashfulness are commendable in Maids and Boys , but odious in Ambassadors ; therfore the Spaniard hath a witty Proverb , Al Vergonzoso el Diablo le truxo al Palacio , The Devil brought the Bashful to Court. Wherfore in the election of an Ambassador ther must be a regard had to his natural disposition , that he be confident and hardy . Ther is a memorable observation and saying of Philip the second King of Spain , calld El Prudente , that when he had designd one for an Ambassador , he came faintily and coldly to him to propose some things for the accommodation of his Embassy ; The King observing it , said , How can I expect that this man can promote and effectuat my Businesses , when he is so fainty and fearful in the sollicitation of his own ? To prevent this , the probablest way is to make choice of a generous and well - extracted person , for Degeneres animos Timor arguit . One of the greatest blemishes that Historians do cast upon Lewis the eleventh of France , is , that he made choice of his Barbe●… to be Ambassador to the Duke of Burgundy ; and it was upon no ordinary business , for it was to make an overture of a March with the young Princess his Daughter ; but the mean opinion which was had of the quality of the man overthrew the business . Matthaeus Palmerius an Apothecary of Florence had bet●…er luck then the French Barber had ; For he being sent in quality of Ambassador to Alfonso King of Naples , and having acquitted himself so elegantly , and with so much generosity at his first audience , and the King understanding that he was an Apothecary , said , Se tali sono gli Speciali di Fierenze , quali debbono essere gli Medici ? If the Apothecaries of Florence are such , what shall we think of their Physitians ? But this Apothecary although he was of an ordinary Trade , yet he was an extraordinary man in point of Parts and Erudition , which made compensation for the meanness of his Profession . Moreover , it is an advantage to the affairs of a King that he make choice of a proper and graceful person , and of a sound healthful constitution to represent him abroad . We read that it was prohibited by the Law of Moses that any man who had any blemish or mutilation shold be made a Levite : Now , Levits , as it was insinuated before , are as the Legats of God Almighty , and Kings being types of him , shold not have any to personat them that had any deformity or indisposition . I remember when Count Gondamar and the Marquiss of Inojosa were here Ambassadors for the King of Spain , the one was troubled with the Fistula , and the other had lost a peece of his Nostril , therupon a Libel was made that the King of Spain made an odd choice of his Ambassadors to England , for the one had the Pox in his Brich , the other in his Nose . It hath bin much controverted among Statists whether one person singly , or many joynd in Commission be fittest for an Embassy : this business is much canvasd Pro & Con among the Civilians ; they that are for plurality urge Solomon , That in multitude of Counsellors ther is safety . They instance in divers examples , and produce Virgil , Qui dicta ferunt , & foedera firment Centum Oratores patria de gente Latinos . Darius employd ten in an Embassy to Alexander ; The Romans sent ten to appease the tumults of Asia ; They sent ten to Macedonia ; Four to the Fidenates ; Three to the Carthaginians , &c. But Paschalius gives a Rule herein , Tentando aut Tractando unus satis est ; consummando plurtum interventus desideratur : In trying or treating one is enough ; in consummating a business the intervention of many is requird . So Peter Matthieu relates that ther were 400 Spanish Gentlemen at the confirmation of the Peace of Vervins twixt Spain and France , which might be calld a Legion rather then a Legation . But the most political Civilians are for one single person , trop gran nombre est encombre , too great a number is an encumber among Ambassadors , it is subject to confusion and delays ; it will make the business in treaty to take air , and be sooner discoverd . One is far more secret and sedulous when he acts by himself , then when he must concur with others . Then ther are Maximes in the Law , Cura plurium , cura nullorum ; The care of many , the care of none ; Quod multos tangit , paucos angit . Then many emulations and envy do often creep in with other inconveniences amongst many . Therfore the most expedit and advantagious cours is , that ther be but one Ambassador , but the Prince must choose a choice man to be he ; He must be Lectus antequam Electus . Another debate ther is , Whether Legatio be only a Virile Munus , a Masculin task , or whether Women are capable to be employd in an Embassy ; and more are for the Affirmatif part then the Negatif . It was much controverted in Rome whether Veturia and Volumnia , two Roman Matrons , were fit to be sent as the desperatness of the case then stood , upon an Embassy to Cori●…lanus and the Volscians ; it was determind they shold , and the treaty took good effect . Ther were Roman Dames sent upon an Embassy to Constantius the Emperour for revoking Pope Liberius , and they prevaild . It was a practice among the Romans to send the Vestal Virgins upon Embassies . Ther is a memorable example how Guelpso the Duke of Bavaria having provokd the Emperour Conradus , he set so close upon his skits that he coopd him up in Winsberg , where he beleagerd him ; Caesar was so incensd that he vowd to put all to fire and sword . So the Duke being reducd to great extremities , it was thought fit to send the Duchess as Ambassadress to the Emperours Camp , where she performd her part so gallantly , that she so movd and melted his heart , that for her sake all the Women in Winsberg shold have safe conduct to depart , and carry away upon their backs as much of the most precious wealth as they could bear , but the Men shold abide his mercy . Herupon the Duchess took the Duke upon her sholders , and evry Wife after her example took her Husband ; Maids and Unmarried Women took up some their Brothers , some their Kinred , and so all marchd out ; so Caesar pardond all . I will conclude with a late example of Madame Sardaus , who went so often privatly twixt Bruxels and the Hague until the peace was concluded twixt Spain and Holland after fourscore yeers Wars by Sea and Land : Therfore she was calld La Maquarelle de la Paix ; which was no disgrace to her . The seventh Paragraph , Touching the Office , Function and Duty of an Ambassador in the execution of his Place , and acquitting himself of the great Fiduciary Trust reposd in Him , &c. THe Civilians , who are best versd in the Laws of Embassies , say , Legatio est mysteriosum quid , that it is a mysterious thing ; It is full of secrecie and darkness , as it is of Faith and Trust. The Lord high Chancellor of England , who is Keeper of the Kings Conscience as well as of the Great Seal , hath a great trust reposd in him for to mitigat the rigor of the Laws by way of Equity . The Lord Chief Justice of the Kings Bench , he of the Common Pleas , and the Lord Chief Baron of the Exchequer , have great trusts reposd in them : but all these deal twixt Subject and Subject , and sometimes twixt King and Subject : But Ambassadors have a higher trust , for they deal twixt Kings and Kings , twixt Countries and Countries ; therfore as the burden is heavier , so the honor is the greater : ther is no secrecie belongs to the other Offices ; but reservedness and secrecie is the soul of Embassy ; which made one say , If his Cap knew his privat Instructions , he wold hurle it into the fire and burn it . And as ther is honor in this high employment , so ther is much honor attends it ; which made one say , That that Ambassador who loseth one hair of his Masters honor , forfeits his head at his return . One of the principal Duties of an Ambassador , is to stick close to his Instructions , and the Mandats of his Master ; and therin an Ambassador Lidger doth not run so much hazard as an Extraordinary , who hath many things commonly left to discretion by way of implicit trust . Besoldus defines the Office of an Ambassador thus , Ut Mandatum fideliter , & cum dexteritate exequatur , & acceptum responsum diligentissime notatum referat Mittenti ; That with faithfulness and dexterity he execut the Command , and report to him who sent him the Answer most diligently noted . Ther is a shorter definition , Officium Legati est ut Mandata Legationis diligenter conficiat , & ex F●…de , That he perform carefully the Command of the Embassy , and with Faith. He derives all his Power from his Instructions ; for without them ther is no Mission or Embassy . Ther is an Example of the Athenians , that having employd Ambassadors with divers Iustructions , wherof one was , that they shold take such a way as they went , they going another way , though they had performd all the rest of the Instructions , yet they were put to death at their return for infringing this one . Ther are divers instances how Ambassadors exceeding their Commissions , and falling into follies , have bin punishd upon the place . Hector Boetius relates that Olaus and Evetus killd the Scots Ambassadors . Teaca Queen of Sclavonia killd a Roman Ambassador , as Polybius mentions . The Athenians causd Darius Ambassadors to be thrown into a Well . Dandolo the Venetian Ambassador had his eyes pluckd out by the King of Sicily . But let us descend to latter Ages : Francis the first of France sent Fregosa and Rinion Ambassadors to the Turk ; Charles 5. soldiers discoverd , surprizd and flew them in Italy : The fact was justified by the Emperour because they were both his subjects , the one being a Milanois , the other of Genoa , and servd his Enemy , for ther were Wars then twixt Charles and Francis. Edward the second of England employd a French Gentleman Ambassador to France , who had bin executed for a Traytor for serving the Enemy had not the Queen interceded . Anno 1302. the Pope sent an Ambassador to France , where he practisd some Treson ; and being arraigned , convicted , and condemned to die , the Popes Frends procurd that he shold be banishd only . The Venetian drew out of the French Ambassadors House some who bad discoverd their secrets to the Turk , where resistance being made , Cannons were sent for from the Arsenal , and so they were taken out by force , and the French King not offended . The Ambassadors in these latter examples by their own indiscretion and misdemenures drew these violences upon themselfs . We will concude this point with a latter example in England 1624. at which time ther were two Spanish Ambassadors residing in London , who were the Marquiss of Inojosa , and Don Carlos Coloma ; and the Prince of Wales being newly returnd from Madrid Re infectâ , without the Infanta , matters began to gather ill bloud twixt England and Spain , in regard that the Treties both of Match and Palatinat were dissolvd by Act of Parlement , which was done by means of the Duke of Buckingham . The said Ambassadors finding that , they contrivd a way how to supplant and destroy the Duke . Herupon falling into consideration that King Iames was grown old , and that the least thing might make impressions of distrust and jealousies in him , therfore in a privat audience they did intimat unto him that ther was a very dangerous designe against his Royal Authority traced by the Duke of Buckingham and his Complices , which was , that at the beginning of that Parlement the said Duke with certain Lords , and others consulted of the argument & means which were to be taken for the breaking and dissolving of the Treties both of the Spanish Match , and for the restitution of the Palatinat ; and if his Majesty wold not conform therunto , their consultations passd so far , that he shold have a house of plesure where he might retire himself to his sports , in regard that the Prince had now yeers sufficient , and parts answerable for the Government of the Kingdome . The King for the present dismissd them with thanks ; But the next day he made earnest instances that as they had discoverd a Conspiracie , they wold also detect the Conspirators , this being the only means wherby their own honor might be preservd in proving the truth of things . To this they replyed , That they had reveald enough already in order to the care and zeal they had to his Royal Person and Dignity . Therupon the King commanded that the Duke of Buckingham shold be put to his Oath , with others who were most suspectful , which they all took for cleering their integrity . This being done , the King returnd to make new instances to the said Ambassadors , that they wold not prefer the discovery of the names of the Conspirators to the security of his Person , as also to the truth and honor of themselfs , and to the hazard of an opinion to be held the Authors and Betrayers of a Plot of so much malice , sedition and danger ; but they wold discover no more . Yet a few days after they desird new audience , which was suspended to be given them , and in the interim the King sent Sir Edward Conway his principal Secretary of State , and Sir Francis Cottington Secretary to the Prince , ( both Lords afterwards ) to signifie unto the said Ambassadors that he desird nothing more then a continuance of frendship twixt the two Crowns ; therfore if they had any thing to say they shold communicat it to the said Secretaries as persons of trust , which he employd expresly for that purpose ; and if they made any difficulty of this also , then they might choose among his Council of State those whom they likd best , and he wold command that they shold presently repair unto them : and if this also shold seem inconvenient , they might send him what they had to say in a Letter by whom they thought fittest , and he wold receave it with his own hands . But they gave no answer to all this : therupon the said Secretaries told them according to their Instructions which they had receavd from his Majesty , That they being the Authors of an Information so dangerous and seditious , had made themselfs incapable to treat further with the King their Master ; and were it not for the respect he bore to the Catholik King his dear and beloved Brother their Master , and that they were in quality of Ambassadors to such a Majesty , he wold and could by the Law of Nations , and the right of his own Royal Justice , proceed against them with such severity as their offence deservd ; but for the reasons before said he wold leave the reparation to the Justice of their own King , of whom he wold demand and require it . Herupon Sir Walter Ashton Ambassador then in Spain for the Crown of England , had audience of that King , wherin he said , That the King of Great Britain his Master had commanded him to demand refaction and satisfaction of his Majesty against the Marquiss of Inojosa and Don Carlos Coloma for scandalizing the Duke of Buckingham , ( with other of his best subjects ) and through his sides aiming at the Prince himself ; for it is unlikely the Duke wold have cast himself upon such a designe without the communication of it to him , and to know his plesure : so he remonstrated the whole circumstance of the business , &c. And in conclusion he said , That he humbly beseechd his Majesty to observe and weigh well the care and tenderness wherwith the King his Master had proceeded towards his Majesties Ambassadors ; not obliging them to any precipitat resolutions , but giving them time , and opening a way how they might have cleerd themselfs , &c. It was expected that the said Ambassadors at their return to Spain wold have bin punishd , or at least checkd ; but matters growing daily worse and worse twixt England and Spain , the said Ambassadors were rather rewarded then reprehended at their return , Inojosa being made afterwards Governor of Milan ; and Coloma receavd addition of command , and honors in Flanders . But the high civilities of England at that time towards the said Ambassadors was much cryed up abroad , that notwithstanding so pernicious a machination to demolish Buckingham , and to discompose the whole English Court , yet they were permitted to depart peaceably ; and Sir Lewis Leukner was commanded to conduct them to the Sea-side for prevention of any outrage upon their persons . We have dwelt the longer upon this business , in regard ther are extraordinary traverses of State in it , being a Plot of an unusual reach of policy , which will be found more amply related in the addition the Author made to Finets Ambassador : but in regard it is so pertinent to this Paragraph , he thought it fit to insert the substance of it here . We will now resume things touching the Office of an Ambassador . It is very necessary he shold have his Credential Letters exact and plain ; His Commission plenary , and fortified with as much authority as he can . The Spanish Ministers when the Prince of Wales was there , objected against the Duke of Buchingham that his Commission ( for he came also in quality of Ambassador ) was not so compleat and authentik as that of the Earl of Bristols ; for he had his Commission under the Broad Seal of England , wheras the Duke had his by the King only . The Civilians make a question , Si à Legato Mandata poscantur , is adigi possit ad ea exhibenda . Their opinion is , That besides his Credential or Fiduciary Letters , and his General Commission , he is not bound to shew any more . Touching his privat Instructions , Paschalius saith , Mala eum agitat res qui in Legati Secreta irreligiose irrumpit . It is questiond further , Whether it may stand with the Office and Honor of an Ambassador to receave Gifts and Presents from the Prince he is sent unto , which the Civilians call Lautia , a word peculiar only to Ambassadors : some are for the Negative , which the Hollanders do follow ; for their Ambassadors use to receave none , not so much as a Bottle of Wine : But most are for the Affirmatif . But the Venetians ( who are reputed to have the best Rules touching Ambassadors ) though they allow it , yet , their Ambassadors are bound to exhibit their Presents to the Senat ; and t is thought much of St. Marks tresure consists of it . They are also bound in a large Oration to give an account ( besides that of their Embassy ) what they observd most remarkable in the Government , State and Quality of the Country ; of which Oration they bring also a Manuscript which is put up in their Archives . Iohn Earl of Bristol at his departure from Madrid ( notwithstanding that the weather had grown foul twixt us and Spain ) receavd a Cupboard of huge massie Plate valued at 20000 Crowns of this King of Spain , who also gave him a Diamond Ring off his Finger , rated at 1500 l. sterling ; and the reason was , because he had found him so wise , faithful and industrious a servant to his King. The Civilians make likewise a doubt whether it may not interrupt the Office of an Ambassador to have his Wife and Children along with him ; but they who hold the contrary are rather exploded then approved : For to leave his Wife , is for one to leave half himself behind him ; besides , Conjugal society is counted the prime of comforts : moreover , it saves trouble of Writing , and charges for Letters and Packets , which come to no small sum at the yeers end , &c. We will conclude this Paragraph with two special things which the Civilians require further for the performance of the Office of an Ambassador , viz. That he be reservd and secret in an intense degree ; he must not be Plenus Rimarum , full of chinks : and herin the Italian and Spaniard are eminently imitable ; for all the Drugs in Egypt cannot draw away a secret from them , wheras a small Purge or Vomit will make others cast it up . Furthermore , that an Ambassador may facilitat the discharge of his Office the better , it is requisit that he have a previous knowledg of the Court and Country wherunto he is employd : that he be well versd in the Speech therof ; for it is a sad thing when one is sent Ambassador to see fashions , and learn the Language of a Country . Lastly , ther 's nothing more concerns the Office and Duty of an Ambassador ( as it was touchd before ) then to be true to his Instructions . Brunus tells us , that Qui extra Mandatum agit , aliud agit ; Who acts beyond his Commission , acts another thing : Yet it cannot be denied but many things in point of circumstance are left to the discretion of a Plenipotentiary Ambassador ; therfore , as I take it , ther was by the twelve Tables in Rome a latitude of power left to Legats , Quae bonum Patriae eminenter tangunt etiamsi non Mandentur , agunto : What eminently concerns the publik good , though not commanded , let them be done . The eighth Paragraph , Touching the Laws of England relating to Ambassadors in point of Reception , Audience , Treatments and Rewards ; as also what prudence hath bin usd for composing of Contestations betwixt them in point of Precedence , &c. HAving spoken hitherto generally of the concernments of Ambassadors , and the privileges of Legation , We will now make some inspections in particular into the Constitutions and Common Laws of England , which may be calld Civil , and very complying in this point . The Law of England , as the great Father of it my Lord Coke says , That Honor Legati honor mittentis est , The honor of an Ambassador is the honor of him who sent him : That Legati , aut Proregis dedecus redundat in Regem , The affront offerd an Ambassador redounds to his King. By the Common Law of England t is High Treson to kill an Ambassador ; as among others ther are Examples in the persons of Iohn Kerby and Iohn Algore , the one a London-Mercer , the other a Grocer , who were both arraignd , convicted , and condemned for killing Iohn Imperial , who was Ambassador from Genoa , for a Patent he had got of the King for the sole importing of all Commodities from the Levant parts . I. Hill was also condemned of High Treson for killing of A. de Walton who was Ambassador , &c. Then the high civilities that were shewd by King Iames to the Marquiss of Inojosa , and Don Carlos Coloma the Spanish Ambassadors , notwithstanding their high misdemenures for calumniating the last Duke of Buckingham , and through him the Prince of Wales his sole Son , and Heir apparent to the Crown , as it is mentiond in the next preceding Paragraph . And as the Law of England is so respectful of Ambassadors , so for her own she useth to furnish them with as political Commissions and Instructions , and as exactly couchd as any other Kings Ambassadors whatsoever . I will produce only two Examples , the one ancient , the other modern : the first is of Ambassadors sent to the Council of Basile , which runs thus : Ad Concilium Basiliense sub Eugenio Papa destinati sunt per Regem Ambasciatores , & Oratores Episcopus Robertus London , Philippus Exoniensis , Iohannes Roffensiis ; Iohannes Bajocens , Edwardus Comes Moriton ; Abbas Glastoneensis , & B. M. Eboracensis ; Prior Norwici ; Henricus Bromflet miles Dominus Vesciae ; Thomas Browne Legum Doctor , Decanus Sarum , Iohannes Coleville Miles , & alii . Dante 's & damus iis , & Ipsorum majori parti potestatem , & Mandatum tam generale quàm speciale nomine nostro , & pro nobis in eodem Concilio interessendi , tractandi , communicandi & concludendi tam de iis quae Reformationem Ecclesiae Universalis tam in Capite , & in Membris quàm in iis quae Fidei Orthodoxae fulcimentum Regumque ac Principum Pacificationem concernere poterint . Nec non de & super Pace perpetua , guerrarumque abstinentia inter Nos , & Carolum adversarium nostrum de Francia ; ac etiam tractandi , communicandi , & appunctandi , consentiendi insuper , & si opus fuerit aissentiendi iis quae juxta deliberationem dicti Concilii initi statui , & ordinari contigerit . Promittentes & promittimus bona fide nos ratum , gratum , & firmum perpetuò habiturum totum , & quicquid per dictos Ambasciatores , Oratores , & Procuratores nostros aut Majorum partem Eorundem actum , factum , ceu gestum fuerit in praemissis , & singulis praemissorum . Et Hoc idem cùm de , & super iis certiorati fuerimus ad Nos , & Christianum Principem attinet executioni debitae curabimus demanda●…i . In cujus rei testimonium has Literas nostras fi●…ri fecimus Patentes , Datum sub sigillo nostro Magno in Palatio nostro West monasteriensi , x die Julii , &c. We delegat to the Council of Basil under Pope Eugenius for Ambassadors and Orators Bishop Robert of London , Philip of Exceter , &c. Giving , and do herby give them , and the major part of them power and command as well general as special in our name , and for us to be present , to treat , communicat and conclude things as well concerning the Reformation of the universal Church , as the Pacification of Kings and Princes ; and likewise of and concerning a perpetual peace and abstinence from VVar betwixt Us and Charles of France our Adversary ; and also to treat , communicat , appoint , and to consent besides , and if need be to dissent from such things that shall happen to be appointed and ordained according to the deliberation of the said Council : Promising , and we do promise in good Faith to hold for ratified , acceptable and firm to perpetuity whatsoever shall be acted or done by our said Ambassadors , Orators , or Proctors , or the greatest part of them in relation to the Premises , and any part therof whensoever we shall be certified , and as becomes a Christian Prince ; we shall have a care that all be put in due execution . In testimony wherof we have causd these our Letters to be Patents , Given under our Great Seal in our Palace at Westminster , x Iulii , &c. Ther repaird to this Council also Henry Beaufort Son of Iohn of Gaunt , Bishop of Winchester , and Cardinal of St. Eusebius , having had license to transport 20000 l. in Gold and Silver , which was a mighty sum in those daies ; which money , as the story hath it , though mute , yet they were moving Ambassadors . The second example shall be of Robert Sydney now Earl of Leicester , in an extraordinary Embassy to the King of Denmark , and other Princes of Germany , whose Instructions were these following . CHARLES R. Instructions for our right trusty and right well-beloved Cosen Robert Earl of Leicester , Vicount Lisle , and Baron of Sulney , our Ambassador to our dear Uncle Christian 4. King of Denmark , &c. VVe have preferrd you before others to this honorable Employment , because we have observd your constant application to vertuous and noble courses ; and wold have it known to all that we esteem Titles not of those that bury them in obscurity and Vice , but of such that improve their worth for publik service in VVar or Peace , wherby tru Nobility raiseth it self above the common sort . VVe send you to a great King whom we love and honor not only for his Crown and Alliance , but also for neerness in Blood. Your Message in the first part is a Ceremony sutable to the affections and obligations of Princes , to express the sense they have of the mortality of their Frends ; which Office is best performd by a person of noble rank , capable of the impression wrought in noble hearts . But the substance of your Ambassage is for the publik Peace , and the interest of our Brother , ( the Palsgrave ) and our dear Sister depending therupon . To advance this great work , you must with convenient speed fit your self for your journey , and pass the Seas in a ship appointed to transport you to the Sound , or the River of Elve , as by the way you shall learn where our Uncle the King doth now reside . When you are landed , you shall forthwith give notice of your coming , that your Reception may be with honor due to our Ambassador of your rank . Then , after your coming to Court , you shall in our name demand Audience , and then attend the Kings plesure for your access ; but you shall not visit any other until you have had the honor of his presence to whom you are employd . At your first audience you shall deliver our Letter of Credence to our Uncle ; and then with a significant expression of our entire and cordial affection proceeding from the obligations of frendship , you shall tell him what great sorrow we have conceavd together with him for the death of our dear Granmother the late Queen his Mother , whose memory you must adorn with her stile , and due Praises enlargd , as the information of her Life and Death , and your own Judgment will best direct . This Office being performd with the King without any mention of other business at that time , you shall address your self to the Prince if he be present , or otherwise by special audience , and deliver with our Letter of Credence our like condoleance , with expression of our hearty affection , as to a Kinsman whose prosperity and inward frendship we very much desire . Our Letters to our Aunts the Kings Sisters you shall deliver afterwards , with signification of our condoleance and of our love to either of them ; and if more of our Cosens be there , you shall pass like Offices with them all . Whilst you attend this Ceremony , you are to inform your self by Avery , who hath the charge of our affairs at Hamborough , and is also chosen Commissioner for our sister : what is done concerning that Portion of our Granmothers personal Estate which is due unto Us , as by our Uncles own Letters now to be deliverd unto you , may appeer . Which Portion we have given entirely to our said Sister , with order to her Commissioners to sollicit for the same at the appointed time : and in case you find performance to our Sisters satisfaction , according to our former Letters sent on her behalf , you shall take notice of it , and give our Uncle hearty thanks for his just favor and expedition . But if you find refusal , or delay for the discounting of such debt as upon former Treties , and by his last Letters our Uncle doth demand ; you shall assure him that before the receit of those Letters which mention the compensation of such Debts , We had conveyd by Deed of Gift to our Sister all our interest in the Goods ; and given warrant to her Commissioners to attend the division : and we hope our good Uncle in his Royal justice and favor to our Sister his Neece , and her many distressed children , will not add affliction to affliction , but rather give them help by his forwardness in this our gift , which we can no more revoke . If this prevail not , you shall modestly demand what those Debts are wherof he expecteth compensation ; and therin to clear all misunderstanding , you are thus to distinguish . The Debts to which our Uncle pretendeth , are of two kinds , all contracted by our Father of blessed memory , and not by us . First , our Father after that our Uncle had undertaken the German War , sent Sir Robert Anstruther with an advance of forty six thousand pounds present moneys , and promised to pay thirty thousand pounds monthly so our Uncle wold maintain one thousand horse , and four thousand foot , for restoring our Brother and Sister to all their Patrimonial Dignities and Estates . If then our Uncle shall declare , that this is the debt he pretendeth to defalque out of the divided Goods ; you shall with due respects ( and as it were unwillingly ) call unto his mind what manner of performance was found on his part , and how little those designes have bin advanced for which our Father expressed his Royal affection by so large an offer ; which caused us at our coming to the Crown to send the Duke of Buckingham and Earl of Holland to meet our Uncles Ambassadors at the Hague to qualifie those indigested assumptions , made de bene esse , for the present , without debate of Articles indifferent for both parts . And then ( as our Uncle well knoweth ) we setled the accompt upon a new foot , and therfore ought no more to be called back to those exorbitant demands , which notwithstanding upon due calculation of all our disbursements in money , and in charges of our Auxiliary aids and diversions , we have so much exceeded : That ( laying a side all exception for not performing conditions ) we have just cause to claim retribution , or at least acknowledgment of well-deserved thanks , and not to be now strained for compensation of those Debts . Of our ●…ast expences ther hath bin a List transmitted to Avery from Sir Henry Vane , wherof you may make use by a Copy to be now delivered unto you , to acquit Us of those debts . But ther is another debt for money borrowed by our Father , which we do acknowledg both principal and interest , and for liquidation therof have given former directions to our Ambassador Sir Henry Vane , who is to meet the Kings Ministers at the Hague in his return out of Germany , and to consider of a cours for our Uncles satisfaction , according to his expectation and our desire . Upon this meeting ( if otherwise you cannot ) you must discharge your self ; and having setled the division of the Portion , and put off the accompts in this manner , you shall afterwards proceed as you find time and opportunity to your more weighty negotiation concerning the common cause ; representing to that King our Uncle the present state of Christendome , specially of Germany , the seat of the War , that upon a mature consideration therof both he and we may best advise how to govern our Proceedings , as well for our safety as for our interests with others , and chiefly for the obtaining of a sure peace , which is to be desired for the common good . To this purpose you shall move him to cast his eyes upon that progress the King of Sweden ( his Neighbour ) hath already made by his sword , almost through the Empire , beyond all mens expectation : and to foresee in his great wisdome what the consequence will be , if by victorious Arms he shall obtain power to give the Princes and States on both sides what Law shall please himself ; which may reasonably be feared , if no cours be timely taken for preservation of their rights by treaty or otherwise . On the other side you may lay before him the power yet remaining in the puissant house of Austria , with the dependance of Bavaria , and other German Princes ; and how both sides are supported by forren assistants , those with the money and countenance of Spain , these with the actual arms of France , besides the diversions of the Low Countries and Italy ; so as in all probability the War is like to last long , and the balance may be swayd as other Princes put to their hands . And the King of Swede having lately moved both the Princes and States of his alliance , and others , to joyn league for the liberty of Germany , and for peace , and inviting us to joyn therin : and the Emperour also discovering on his side an inclination to treaty and to peace , you must entreat for our better information our Uncles sound advice , and how he stands affected , and whether he be engaged in any such treaty ; with whom , and how far ; and whether our conjunction with the rest will be desired . To which we may by him be perswaded to apply our selves , so as by the treaty the full restitution of our Brother and Sister to their Patrimonial Dignities and Estates , ( being the only interest of our engagement ) may be effectually provided for . If upon these intimations the King shall reveal unto you any overtures of a treaty already in hand , and that therin our conjunction will be desired , you shall with speed give us account of the particulars , and of the grounds therof , with all the circumstances of persons , times and places , that therupon we may send you such further powers and instructions for your proceedings with our Uncle and other Princes , as with the advice of our Council we shall think meet . Besides this main business , other occasions may be apprehended there by you for the advantage of our service ; for i●… by conference with Avery you shall understand of any impediment or obstruction of the trade of our Merchants residing in Hamborough , caused by any difference betwixt that King and the Town ; or by his pretence of commanding the River of Elve , you shall do Offices in our name betwixt our Uncle and the Town to remove offences , and to settle good agreement upon honorable terms for the King , and so as an Innovation may not be made , which may prejudice the intended treaty , or which may restrain our Merchants from that freedome of trade there , which they have enjoyed so many yeers . And wheras by occasion of the War betwixt Poland and Sweden new Impositions are raised in the Pellow , and elsewhere , with other restraints of trade , which in the end will force our Merchants and the Low Country-men also to seek the Commodities of Eastland in America , to the great detriment of the Kings Customes at Elsenore , you shall in this regard advise with our Uncle how the ancient freedom in like manner may be restored in that trade . For Island you shall signifie to our Uncle that in conformity to his late Letters we have prohibited our subjects that Fish in those Seas , or fetch Hawks from those parts , either to export or import any Merchandise to hinder his Farmers ; not doubting of his gracious reciprocal favor to our said subjects in their lawful proceedings . Concerning our Coller of Rubies which hath formerly bin engagd to raise moneys , you shall inform your self by Avery how the case now stands , and shall proceed as upon further advice therof we shall direct . You shall keep good correspondence with our Ambassadors and Agents in all parts as occasion shall be offered , but especially with Sir Henry Vane , who is employed with the King of Sweden , and with Sir Robert Anstruther at the Emperours Court. IOHN COKE . By these two Presidents of Commission and Instructions , we may see how exact and curious the English Court is in this point ; how quaintly such Publik Dispatches are couchd , not so plain and flat , with such superfluity of speech as I have seen the Instructions of other Princes stuffd withal . We will to the Reception , Attendance , Treatments , Gifts , ( Lautia ) composing of Differences , with other high civilities usd towards Forren Ambassadors in the English Court. Touching the first , Ther are no Ambassadors whatsoever receavd more splendidly , and with greater state both by water and land , then in England : For first , he is brought in Royal Barges a good way upon a Noble Navigable River , through a Forest of main Masts on both sides , and landed at the stairs of a huge Tower in sight of a stupendious Bridg , such as I may well say the world hath not the like . Then is he conducted in the Kings Coach with a great number besides through the centre of the City of London , to a house expresly provided for him if he comes extraordinary , where he is magnificently treated for divers days upon the Kings charge . Now the Rule of the Court is , That the Ambassador of a King is to be brought in by an Earl at least ; an Ambassador from Dukes and Republiks to be brought in by a Baron . T is a Rule also that no Ambassadors be allowd this honor at privat Audiences but only at the first and last publik , or when any are invited to Dine with the King. Moreover , that no Ambassador except a Kings , is to be met with the Kings Coach further off then the Tower-wharf : And wheras the Coaches of other Ambassadors residing upon the place were usd to go to accompany the new-landed Ambassador from Tower-wharf , which gave occasion of clashing for Precede●…ce of Coaches , as happened the last yeer twixt the Spanish Ambassador , the Baron of Batteville , and Monsieur Lestrade the French , which flew so high that it went to effusion of blood , and killing , ( as it is mentiond before in the last Paragraph of the first Section more particularly ) Ther is an Act of State passd , that all Forren Ambassadors shall forbear for the future from that complement of sending their Coaches to that purpose . Well , the new Ambassador being so housd , is visited by persons of Quality , as also by other Ambassadors : Now , it is a Maxime among Ambassadors , That the first come is to visit the last come . Touching Presents , ther 's no Court goes beyond that of England : It was a Rule that the French and Spanish Ordinaries were to have 4000 Ounces of Gilt Plate at their departure ; The Venetian Ambassador 2000 ; The Archdukes 1600 , &c. But ( by the Examples of other Courts ) ther was a retrenchment herof , and it began first with Monsieur Buisseaux in King Iames his Raign ; who had but 2000 Ounces sent Him ; the Venetian 1600 , and the Archdukes 1000 , &c. Touching divers sorts of Clashes , Contestations , Differences and Punctilios betwixt Ambassadors , ther have bin as prudent and preventing courses taken in the English Court from time to time as in any other ; as will appeer in the printed Observations of that worthy Knight Sir Iohn Finets , to whom I refer the Reader . We will conclude this Paragraph with some further inspections into the Laws of England concerning Ambassadors . In the 13 of Queen Elizabeth it was gravely debated in the Bishop of Rosse his case , who was Ambassador here for Scotland , An Legatus qui Rebellionem contra Principem ad quem Legatus , concitat , Legati privilegi is gaudeat , an ut hostis poenis subjaceat : Whether an Ambassador who raiseth Rebellion against the Prince to whom he is sent , is to enjoy the privileges of an Ambassador ; or whether he is to lie under a punishment as an Enemy ; It was resolved by all the Judges of the Land that he had lost the privileges of an Ambassador , and was punishable by the Law of the Land. Herupon Mendoza the Spanish Amdassador was commanded away because he fomented a Rebellion , &c. Moreover , as my Lord Coke hath it , and therin he agreeth with the Civilians , If an Ambassador committeth a delect contra Ius Gentium , as Treason , Felony , Adultery , &c. he loseth the privilege of an Ambassador , and may be punished in England as any privat Alien , and not to be remanded but upon courtesie : But committing any thing against the privat Municipal Law and Customes of England , which is not Malum in se Iure gentium , He is not punishable . The breaking of Truces and Safe-conducts was once High Treason by the Laws of England , but that was mitigated 2 Hen. 5. Furthermore , my Lord Coke holds in his fourth Institut , That if one be namd but Agent in his Credentials from a King , yet he is an Ambassador . The ninth Paragraph , Concerning the wise Compliances , and Witty facetious Sayings and Carriage of divers Ambassadors during the time of their Negotiation , &c. AS it is a principal quality in an Ambassador to be serious , abstruse , and reservd in the discharge of his Function ; so it is a mighty advantage for him to be Witty as well as Wise ; to be facetious , and play the Drol sometimes ; for the Italian says , Non è saggio chi non sà esser pazzo , He is not wise who knows not how to play the Fool sometimes . Apt , pleasant and sudden Reparties discover a great deal of wit. An Ambassador being sent to the King of Morocco ( whose Law we know is not to eat Swines Flesh ) be brought him Letters wherin all his Titles were not given him ; The King said , Sus has Literas peperit , A Sow begat these Letters . The Ambassador suddenly answerd , Ne iis Vescaris , It was done that you shold not eat them . The Town of Agrigentum , as Herodotus reports , having sent Gellias a very hard-favord man Ambassador to Centuripe , a low dirty Town in Sicily , and being jeerd , and stard upon at his audience , he answerd , Ne Miremini Centuripini , ut Urbes sunt , ita Cives mei Legatos mittunt , pulchros ad pulchras , deformes ad deformes : Do not wonder , O you of Centuripe at me , for my Masters of Agrigentum send their Ambassadors as the Cities are , Fai●… to Fai●… , Foul to Foul. Don Pedro de Toledo being employd Ambassador to Henry the 4. of France , ther were many traverses between them at one privat audience , and Don Pedro magnifying much the power of the Spanish Monarchy , King Henry said , That it was much like the Statue of Nebuchadnezzar composd of divers peeces , but having Feet of clay ; Don Pedro then replying somewhat high , the King rejoynd that if he were provokd he wold carry flames even to the Escurial ; and if that he once mounted , he wold be soon in Madrid . Don Pedro answerd , Indeed King Francis was there , meaning Francis the first , who was taken at the Battail of Pavia , and remaind Prisoner in Madrid divers yeers ; The King going on further to tax the King of Spain for usurping divers Countries of his , and namely the Kingdome of Navarre , which he might live to recover ; Don Pedro answerd , That the Iustice wherby the King his Master held Navarre , wold help him to defend it ; The King replyd , Your reason is good till I be in Pampelona ; Don Pedro therupon rising hastily , and going towards the door ; The King askd whither went he so hastily ? He answerd , To provide entertainment for your Majesty at Pampelona . A French Ambassador ( Monsieur de Tilliers as I take it ) residing here , and being invited one day to Dine with King Iames , the King being well disposd began a Health to him , saying , The King of France drinks the French Kings Health ; The Ambassador answerd as pleasantly , Le Roy mon Maitre est bon Lieutenant , Il tient bien la France de Luy ; The King my Master is a good Lieutenant , he holds France well from him . But of any that I have heard or read of , Don Diego de Acunia Count of Gondamar , had an extraordinary faculty this way ; and besides , he had well studied the Genius of King Iames , ( in whose Raign he resided here ) how he was pleasd with sudden plesant Reparties , therfore he did Seria jocose , he did dispatch serious things in a merry way . When Sir Walter Rawleigh was gone with a Fleet to Guiana , and when news was broght that he had taken San Toma , plunderd the place , and killd the Governor , which was as some say beyond the bounds of his Commission , wherin he was restraind from doing any Acts of hostility upon the firm Land , Gondamar came early one morning to the King , desiring to speak but only one word to his Majesty : being admitted , he cryed out , Pyratas , Pyratas , Pyratas ; intimating that Sir Walter Rawleigh was turnd Pyrat ; but that word was so fatal , that it took off Sir Walters head , though upon an old score . Another time having discoursd of many things with the King in a privat audience in French , the King askd him whether he understood Latin or no ? Yes , Sir , said Gondomar , I understand it , and speak it . Discoursing afterwards in Latin of divers things in a free and facetions way , it happend that Gondamar spoke false Latin once or twice ; the King smiling , said , How comes it to pass that you being an Ambassador to so great a King , who shold be exact in all things , how comes it that you break Priscians head so often ? Gondamar replyed , Sir , I speak Latin like a King , and your Majesty speaks Latin like an Ambassador . Count Gondamar having bin outragd by the Rabble in London , who threw Tobacco-pipes into his Litter , and did him other affronts , coming after to have a privat audience , and the King taking notice of it , he said , La Harina de Ingalatierra es muy delgada , y fina , pero el afrecho es muy grossero : Sir , the Flowre of England ( meaning the Gentry ) is very fine ; but the Bran is very coorse , meaning the common peeple . Another time being to dispatch a Courrier to Spain , and the old Countess of Buckingham being then in extraordinary high favor , that most Suters made their address unto her , he writ in a Postscript to Count Olivares , That ther were never greater hopes then now that England wold turn Roman Catholik , for the Mother was more worshippd then the Son. Count Gondamar being invited another time to Dine with the Reader at Grayes Inne , at which time the Palsgrave was newly come to Prague , among other Healths ther was one begun to the King of Bohemia : He pledgd it very merrily , and thankd the Reader , with the rest of the Company ; for it was the first time that ever he pledgd the Emperours Health in England . Having another time dispatchd an Express to Spain , and the weather having continued dark and clowdy in London for many days , the Post having receavd the Packet , and taken his leave , Count Gondamar commanded , and told him , I forgot one thing , I prethee when thou art come to Spain commend me to the Sun , for I have not seen him here a great while , and I am sure thou wilt meet with him there . King Iames having granted leave to Count Gondamar to raise Volonteers to Flanders for the service of the King of Spain under my Lord Vaux , and soldiers coming but slowly to the sound of the Drum ; Gondamar coming a little afterwards to Court , the King askd him what number of soldiers he had levied ? He answerd , Truly , Sir , I can have but few soldiers , but thousands that wold be Captains though they were but common soldiers before . I will conclude with Count Gondamar in this very witty passage : when he was to take his leave of England in his last Embassy , the King sent to my Lord Mayor of London to invite him to Dinner ; which he did with much solemnity , having bid the chiefest Lords of the Court to bear him company : At first the Lord Mayor after other Complements told him , My Lord Ambassador , your Excellency me thinks begins to grow very gray . Yes , Sir , said he ; but my Lord Mayor , we have a Proverb in Spain , Canos y Cuernos no Uienen Porannos ; Gray Hairs and Horns come not by yeers . Being sate at Table , the Lord Mayor began divers Healths ; at last Gondamar calls for a good Glass-full of Canary , and said , You are the greatest Magistrat in the world , for you give place to none but to your own King , as I hear , and you live also as plentifully : But now that you have made so much of me , that having pledgd so many Healths you put me in a Jovial humor , I crave leave of these Noble Lords and you to begin a Health or two ; and the first shall be to the King of Spains Mistress ; so the Health was drunk round . Then he took another Glass of Canary , and began a Health to the King of Spains Wife ; which also passd round among the Lords and Aldermen . Then standing up , He thankd them all with many Complements , and said , I will now discover who these two Ladies are ; The King of Spains Mistress is the East-Indies , and his Wife the West-Indies ; Ther 's none so fond of a Mistress but that if a Frend hath a favor of her , he will connive at it , as you my Lord Mayor , and these worthy Aldermen whom I have in my eye , use to have of the East-Indies . But my Masters Wife is the West-Indies , which he desires to have soly to himself according to the Law of Nations ; Therfore I pray you my Lord Mayor , and these Noble Aldermen , do not offer to meddle with the King my Masters Wife . We will now proceed to a few others . An Ambassador Extraordinary being sent by an Italian Prince to the Emperour that he wold confer the Title of Serenity upon his Master as he had done lately upon divers other Princes ; But being to depart Re infectâ , and taking his leave of the Emperour that morning , and the weather being foul and very tempestuous , he askd what was the reason he wold begin his Journey upon such stormy weather ? He answerd , Ilne faut pas craindre la Tempeste , puis que votre Majesté à remply le monde de tant de Serenité ; One ought not to fear Tempests , since your Majesty hath filld the world with such Serenity . Don Pedro Andrea being sent Ambassador to a Prince whom he had offended so far that he threatned to have his head cut off , He answerd , Sir , my dead head will do you more mischief then now that t is living . Francisco Marco being sent from Genoa to Galeazzo Duke of Milan , but being delayed audience , and St. Iohn Baptists day being come , who was Protector of Milan , he presented the Duke with a Golden Vessel full of Basilique ; Being askd the reason , he sent word that the Genouois have the property of the Herb Basilique , which if one handle gently , it will yeeld a sweet smell ; but if it be rubbd , and trod upon it , it will engender Serpents : And this witty passage conducd much towards the ending of the differences which were then a foot . The Samnits being pressd hard by the Romans , they sent Ambassadors to capitulat ; who said , Noble Romans , you are grown too strong for us ; therfore if you propose moderat terms we will observe them eternally : if otherwise , we will observe them no longer then till we have opportunity to break them . That Ambassador wanted no wit , who being in a Pagan Country , and standing in the way where the great Idol whom all were to worship which passd by , he let fall his Ring , and as he bowd to take it up , t was thought he adord the Idol . The Ambassadors of Portugal and Poland being at Sigismund the Emperours Court , and ther being always competition between them for Precedence of Session , they met casually at a place , where the Portugais having come before , he was got into the upper Chair ; The Pole rising up , and making a step forward in a posture as if he wold speak with him , and the Portugais coming towards him , he whippd behind him into the upper Chair , and so kept it . We will conclude this Paragraph with the two Ambassadors of Perugia sent to Rome , wherof the one was witty , but the other not so wise : Being admitted to the Pope , who was then very sick a bed , one of made them a long tedious Speech , wherof the Pope had shewn signes of distast : Therupon the second said , Most Holy Father , our Commission implies , that if your Beatitude will not suddenly dispatch us with satisfaction , my Collegue shold recommence his Speech , and pronounce it again more lesurely . The Pope was so taken with this , that he gave order they shold be presently dispatchd . The tenth and last Paragraph , Of the extraordinary Prudence and Reservedness , the Stoutness and Gallantry of divers English Ambassadors , &c. WE will begin with that Grandee of his time Cardinal Wolsey , who went over to France upon an Extraordinary Embassy ; and he had to attend him ( though not in joynt commission ) Cutbert Tunstal Bishop of London ; the Lord Sands , late Chamberlain to the King ; the Earl of Derby ; Sir Thomas Moore ; Sir Henry Guilford , with other Knights and Gentlemen of great rank , to the number of a thousand two hundred horse : for after a short transfretation from Dover , he had so many in his train when he went out of Calice . The French King Francis 1. in person , with his Mother , and most of the chief Peers , came to meet Him as far as Amyens , above two days distant from Paris . He carried with him 140000l . sterling , a prodigious sum in those days , ( though Silver was but 20d . an Ounce ) He transported that vast sum with him to assist the French King , and other Confederats in a War against Charles 5. Emperour . Ther is no History can parallel this Embassy , it was performd with such a glorious Equippage ; Besides , the Ambassador had such a Plenipotentiary and transcendent Cummission , that he gave the Law both to France and the Popedome ; and he comported himself with such dexterity and high wisdome , that all the Princes of Christendome ( who had their eyes fixt upon him ) admired him . This second example shall be of another strain of Gallantry by Sir Ierome Bowes , who was employd Ambassador to the Emperor of Russia , who was cryed up for a Tyrant ; Sir Ierome at his first audience having some affronts offerd to be put upon him , that he shold put off his Hat , els it shold be naild to his head , he was not a whit daunted , but kept it on still , saying , he had no such commission from the Queen his Mistress . Therupon the Emperour slighting the Queen in comparison of the Emperour of Germany , who was the only Prince Paramount ; Sir Ierome replyed , That his great Mistresses Father had the Emperour ( his Majesty speaks of ) to serve him in the Wars , and receavd pay of him . Wherupon with a kind of astonishment at his courage he parted peaceably . But afterwards being advancd in his Journey as far as Archangel , and being embarkd , ther came some of the Emperours Officers with Presents of rich Furs for the Queen , and some for himself ; and being come to the side of the ship with them , He wold not suffer them to board , but drawing out his Sword , said , My Mistress the Queen of England hath no need of your Catskins , nor I neither , therfore you may carry them back . Ambassadors being sent to Bourbourgh to treat of a Truce betwixt the King of Spain and the Hollanders , Doctor Dale was sent for an assistant ; and coming to kiss the Queens hands , she told him , That understanding he was a Learned Man , and a good Civilian , she made choice of him for that employment , and she wold allow him 20s . a day . He humbly thankd her Majesty , and said he wold spend nineteen of them evry day for her Majesties honor : therupon the Queen asking him what he wold do with the other odd shilling ; he replyed , I will keep that for my Wife Kate : so the Queen encreasd his allowance . Being assembled to treat , ther was a Debate in what Language they shold treat : the Spanish Ambassador thinking to put a jeer upon our Ambassadors , said , Let us treat in French , for your Queen is Queen of France . No , said Doctor Dale , then let us treat in Hebrew , for your Master the King of Spain calls himself King of Ierusalem . Sir Edward Herbert late Earl of Cherberry , being Ambassador in France , it happend that he had a clash with the great Favorit , and Constable Luynes , which was thus : Sir Edward had receavd privat Instructions from England to mediat a Peace for Them of the Religion ; and in case of refusal , to use certain Menaces . Hereupon He coming to the Army which was then before St. Iean d'Angely , where the King was in person , and he finding that the approches to the Town were almost finishd , He hastned his address to the King for an audience . The King referrd him to Luynes , desiring that what he had to say might be imparted unto Him : Wherupon he went accordingly to Luynes Lodgings , and deliverd his Message ; but so that he reservd the latter part , which was Menaces until he heard how the business was relishd . Luynes had hid behind the Hangings a Gentleman of the Religion , who was upon point of turning Roman , that being an Ear-witness of what had passd between the English Ambassador and Luynes , he might relate unto Them of the Religion what little hopes they were to expect from the intercession of the King of England . The Ambassador and Luynes having mingled some Speeches , the language of Luynes was very haughty , saying , What hath your Master to do with our Affairs ? why doth he meddle with our Actions ? Sir Edward replyed , It is not you to whom the King my Master doth owe an account of his Actions ; and for Me , t is enough that I obey Him : In the mean time I must maintain that the King my Master hath more reason to do what he pleaseth to do , then you have to ask why he doth it ; Nevertheless if you desire me in a gentle fashion I shall acquaint you further . Wherupon Luynes bowing a little , said , Very well . The Ambassador answerd , That it was not on this occasion only that the King of Great Britain had desired the peace and prosperity of France , but upon all other occasions whensoever any troubles were raisd in that Country ; And this he said was his first reason . The second was , That when a Peace was setled there , his Majesty of France might be better disposd to assist the Palatin in the affairs of Germany . Luynes said , We will none of your advices . The Ambassador replyed , That He took that for an answer , and was sorry only that the affection and good will of the King his Master was not sufficiently understood ; and that since t was rejected in that manner , He could do no less then say , that the King his Master knew well enough what He had to do . Luynes answerd , We are not afraid of you . The Ambassador smiling a little , replyed , If you had said you had not loved us , I shold have beleevd you , and made you another answer ; in the mean time all that I will tell you more , is this , That we know very well what we have to do . Luynes herupon rising a little from his Chair with a fashion and countenance much discomposd , said , By God , if you were not Monsieur the Ambassador I know very well how I wold use you . The Ambassador r●…sing also from his Chair , said , That as he was his Majestie of Great Britain's Ambassador , so he was also a Gentleman , and that his Sword ( wheron he laid his hand ) shold do him reason if he had taken any offence . After which Luynes replying nothing , the Ambassador went on his way towards the door , and Luynes seeming to accompany him , the Ambassador told him , That after such Language ther was no occasion to use such ceremony , and so departed , expecting to hear further from him . But no message being brought him from Luynes , he did in poursuance of his Instructions demand audience of the King at Coignac , St. Iean d'Angely being now renderd up ; who granting it , he did in the same terms , and upon the same motives mediat a Peace for Them of the Religion , and receavd a far more gentle answer from the King. The Marshal of St. Geran coming to Sir Edward Herbart , told him in a frendly manner , You have offended the Constable , and you are not in a place of surety here . Wherunto he answerd , That he held himself to be in a place of surety whersoever he had his sword by him . Luynes little resenting the affront he had receavd from Sir Edward Herbert , got Cadenet his Brother Duke of Chaune with a ruffling Train of Field-Officers , neer upon a hundred , ( wherof ther was not one , as Cadenet told King Iames , but had killd his man ) I say , this Man came Ambassador Extraordinary to England a little after , who mis-reporting the Traverses twixt Herbert and Luynes , prevailed so far , that Sir Edward Herbert was presently revokd to answer the Charge that shold be laid against him . In the mean time the Earl of Carlile was employd Ambassador Extraordinary to France for accommodating Le Mal Entendu which might arise betwixt the two Crowns . Carlile was commanded to inform himself of the truth of the business aforementiond , and he could meet with no relation but what Luynes had made himself , wherin more affronting and haughty expressions were laid to Sir Edward Herberts charge then had truly passed : For though the first provocation came from Luynes , yet the Ambassador kept himself within the bounds both of his Instructions and Honor. But as my Lord of Carlile was ready to send this mis-information to England , the Gentleman formerly spoken of who stood behind the Hangings came to the Earl of Carlile , and said , That he owd so much duty to Truth and Honor that he could do no less then vindicat Cavalier Herbert from all indiscretion and unworthiness ; and therupon related the true circumstance of the business , which was as it was before told . The Earl of Carlile being thus rectified in knowledg of the truth , gave account to King Iames accordingly , who cleerd Sir Edward Herbert , and resolvd to renvoy him Ambassador to France , wherof he having notice , He kneeld to the King before the Duke of Buckingham , and desird that since the business was publik in both Kingdoms , he might in a publik way demand reparation of Monsieur Luynes : for which purpose he beseechd his Majesty that a Trumpeter if not a Herald might be sent on his part to Monsieur Luynes to tell him , That he had made a false relation of the passages before mentiond , and that Sir Edward Herbert wold demand reason of him with sword in hand on that point . The King answerd that he wold take it into consideration ; but Luynes a little after died , and Sir Edward Herbert was sent Ambassador to France again . Iohn the late Earl of Bristol being Ambassador in Spain , had many clashes with the Alguazils , and the Alcalde himself , together with divers Officers , to preserve the Privileges of his House in point of Sanctuary , which was done with much courage and discretion . But ther was one signal passage among divers other , One Scoppius had publishd an infamous base Book against King Iames , and being in Flanders , ( where Sir Iohn Benet was sent for , among other things , to demand Justice of the Archduke upon him ) he had fled to Madrid , and the Earl being in despair to get him punishd there where the Iesuits are so powerful , he employd a good resolut Gentleman Mr. George Digby his Kinsman to give the said Scoppius a Bala●…re or slash ore the face , which he did to some purpose , for t is athwart ore his face , and his mouth that had offended , which he carried as a mark of Revenge to his Grave . The said Earl being also employd Ambassador to the Emperour in the heighth of the Wars for the Palatinat , and returning neer Heydelberg , or therabouts where Count Mansfelts Army was , upon which the greatest strength of the Palsgrave depended , which Army being ready to disband for want of Pay , the Earl of Bristol pawnd his whole Cupboard of Plate to find mony for the said Army , els all had bin lost at that time . Such an extraordinary Noble Act ( and beyond Commission ) the Earl of Leicester did propose also to do when he was Ambassador to the King of Denmark : For wheras that King made a delay to pay the Portion which was due unto the Lady Elizabeth out of the Estate of Queen Sophia her Granmother , which amounted to about 150000 l. and which the said Earl had power to receave ; and the reason of the King of Denmarks delay , being , because ther were some accounts to be liquidated twixt his Nephew the King of Great Britain and Him ; The said Earl ( provided he might receave the said Portion due to the Lady Elizabeth to comfort her now in her great extremities ) offerd to engage besides his Honor , all the Estate he had in England , ( which his Majesty must partly know ) that this shold no way prejudice the accounts that were twixt Him and the King of Great Britain . This motion of the Ambassadors was highly extolld by the King and all the Danish Court for the Nobleness of it . The said Earl being afterwards Ambassador for many yeers in France , he wold never give Precedence to Cardinal Richelieu : and touching Hugo Grotius , who , as he was Ambassador for Sweden , wold have made his Coaches drive before his , he was put back avec un pied de nez , with a Nose a footlong , as is mentiond more at large in the last Paragraph of Great Britain which went before . Liberorum Cerebri Sextus Post Quadraginta . FINIS . The Bookseller to the Reader . THe Reason why ther is no Table or Index added herunto , is , That evry Page in this Work is so full of signal Remarks , that were they couchd in an Index , it wold make a Volume as big as the Book , and so make the Postern Gate to bear no proportion with the Building . CHR. ECCLESTON . A58510 ---- Remarks upon the most eminent of our antimonarchical authors and their writings viz. 1. the brief history of succession, 2. Plato redevivus, 3. Mr. Hunt's Postscript, 4. Mr. Johnson's Julian, 5. Mr. Sidney's Papers, 6. upon the consequences of them, conspiracies and rebellions / published long since, and what may serve for answer to Mr. Sidney's late publication of government &c. 1699 Approx. 1074 KB of XML-encoded text transcribed from 410 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A58510 Wing R949 ESTC R29292 11066719 ocm 11066719 46218 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A58510) Transcribed from: (Early English Books Online ; image set 46218) Images scanned from microfilm: (Early English books, 1641-1700 ; 1430:1) Remarks upon the most eminent of our antimonarchical authors and their writings viz. 1. the brief history of succession, 2. Plato redevivus, 3. Mr. Hunt's Postscript, 4. Mr. Johnson's Julian, 5. Mr. Sidney's Papers, 6. upon the consequences of them, conspiracies and rebellions / published long since, and what may serve for answer to Mr. Sidney's late publication of government &c. Neville, Henry, 1620-1694. Plato redivivus. Johnson, Samuel, 1649-1703. Julian the apostate. Sidney, Algernon, 1622-1683. Discourses concerning government. Hunt, Thomas, 1627?-1688. Postscript for rectifying some mistakes in some of the inferiour clergy. [24], 8-765 p. Sold by the booksellers of London and Westminster, [London] : 1699. Reproduction of original in the Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Monarchy -- England. Great Britain -- Kings and rulers. 2000-00 TCP Assigned for keying and markup 2002-01 Apex CoVantage Keyed and coded from ProQuest page images 2002-04 TCP Staff (Michigan) Sampled and proofread 2002-04 John Latta Text and markup reviewed and edited 2002-05 pfs Batch review (QC) and XML conversion REMARKS Upon the most Eminent of our Antimonarchical Authors AND THEIR WRITINGS . VIZ. 1. The brief History of Succession . 2. Plato Redevivus . 3. Mr. Hunt's Postscript . 4. Mr. Johnson's Julian . 5. Mr. Sidney's Papers . 6. Vpon the Consequences of them , Conspiracies and Rebellions . Publish'd long since ; and what may serve for Answer to Mr. Sidney's late publication of Government , &c. Sold by the Booksellers of London and Westminster . 1699. The Contents . INtroductory Remarks . Page 1 CHAP. I. Historical Remarks on the brief History of Succession . 20 CHAP. II. Remarks upon their Plato Redevivus . 145 CHAP. III. Remarks upon Mr. Hunt's Postscript . 350 CHAP. IV. Remarks upon Mr. Johnson's Julian . 445 CHAP. V. Remarks upon Mr. Sidney's Papers . 449 CHAP. VI. Remarks upon their Plots and Conspiracles . 672 Introductory Remarks . FEW Persons amongst the mighty numbers that have writ , shall condemn more the Vanity of Writing ; tho' I hope as few have used it less in Vain : The first Design of my putting Pen to Paper , was only to correct the Licentiousness of Paper and Pen , and to supply with a timely animadversion , the Expiration of a temporary Act ; 't was Time sure , 't was high Time for every Loyal Heart to use his Ink , when they had almost scribled us all into Blood ; and to weeld his Pen in the defence of the Government , when the Knife was at our Throats , and their Swords drawn : I know the weakness of the dint of Argument against the power of Steel : And the Impertinence of persuasion where the Law can Compel ; but since the Pen has the power of provoking a Rebellion , and that experienced , 't is as warrantable an experiment to turn its Point ; and make the same Wand to lay the Devil that it raises ; and since the Laws were almost silenced only with their threatning Arms : 'T was time to animate the dead Letter : To make it know its force and exert its power ; and to strengthen a Government : That seem'd but too weak for its self , and unhappily distrusted its own security ; And that to this purpose the power of the Pen has not been ineffectual , will appear from these subsequent Observations ; Which the comfortable success will better justify , than their prosperous Rebellion could have been made again Just ; and which I 'le assure you now 't is some Comfort to observe : Especially to those that were so bold as to be concerned , that dared to stem the torrent of Schism and Sedition , when 't was but a dangerous Duty ; and embarqu'd with the Government , in a storm ; when the Waves rose and raged horribly , and the gathering of the People , was like the noise of many Waters . It is observable that upon the first dissolution of the Westminster Parliament , that which might be as well called the healing one ; whose sober debates had superseded the sullen unadvisedness of the subsequent : closed the wounds of an Intestine War , cemented the Government of Church and State ; Compact , and firm ; for about twenty years ; beyond what the force of Rebellion could devide ; or Plot and Treachery undermine ; That Parliament which they Libelled , Publisht for Pensionary ; only because it would not take pay of the People , where perhaps , they would have been truly paid . That Parliament which with regret they call the long : And all honest Hearts resent as too short ; whose unhappy dissolution rivall'd almost the fatality of the late perpetual sitting ; whose Prudent Progress gave some probability of sounding a Plot : which others inconsiderate rashness hath left without a bottom ; if not beyond belief or Foundation , by proceedings unwarantable and bold . 'T is observable , I say , that then the Serpent of Sedition , that like the Primitive one was curst in the Restoration , forc't to creep on its Belly , and crawle upon the Dust , began first to raise its Venom'd head ; and with audacious Libels , spit its Poyson in the very face of Majesty : We know we had Plots before , and that Oats his too ; not as a Discoverer , but as prime Rebel , and Conspirator ; not as an informer of Popish ones but a Ring-leader of a Republican : we know we had then too our Tongues that were hanged for Treason ; as well as those that could since get Traytors Hang'd : yet still midst all those unsuccessful attempts to Rebel , Sedition never grew fo much and succeeded , that blessed Interval of near twenty years quiet , tho oft endeavoured to be interrupted , never afforded so much Treason from the Press , as for the last five years has been Publisht in their Prints ; Libels lookt as if they had been Licensed for a Lustrum ; and as if the temporary Printing Act had expired seasonably , 't was never resolved amongst all their Orders to be revived ; 't was opposed even when moved , unanimously , that Treason too might be Publisht with a Nemine contradicente ; 't was presumed , I suppose , the better Pen-men were their own ; and I grant them the more pestilent ; that could spread their Contagion as fast as the Plague , and to the Monarchy as mortal ; for almost five years the Distemper was Epidemick ; and the State Empericks had poysoned the body Politick almost beyond the Antidote of true Medicine and Art , it Sympathis'd with Pestilence in the Natural , almost incurable ; reigned most populously in Towns and Cities ; and turned every Corporation into a politick Pest-House : Appeals , vox Patriae , Liberties of England ; Fundamental Rights , were exposed in Capital Letters upon every Stall ; and that dedicated to Representatives ; and some Penn'd by them too ; for the Information of the People ; or in a less prepostorous Phrase for their Confusion ; Sedition seemed to be countenanced with suffrages , and seconded , as they thought , with the supream power of the Nation . They expected Treason should have been enacted for Law ; and Laws repealed that had declared High Treason . 'T is almost preposterous and incredible , tho' unhappily too true , that more Sedition was fomented from the discovery of this Popish Plot , than all the Jesuits in Hell could have raised , while yet undiscovered , we forged out one anothers ruin from the very deliverance ; and to fall with harder fate the less to be lamented ; by our selvs , and just escapt the storm we strove to perish more miserably in the Port. Such was the state of affairs , when some of our Loyal Hearts first ventured to stem the Tide , the fierce influx of an Impetuous Rebellion ; that like a true torrent came rolling on with noise and clamor ; and threatned ruin from afar : The first that opposed the Great Goliahs of their Cause , that defyed too even the Armies of the living God ; and the strength of his Anointed ; was he who from his Youth had serv'd the Crown , with his Pen as well as his Sword ; and before him too did their Dagon fall ; one whom they had designed formerly for a Victim , when they sacrificed , their Prince ; whom Providence reserved for their Scourge , and for which since some of them have publickly curst its dispensation , Libelled him in their Emblematical Representations , ( in which , I consess , they neither spared their King ) breaking his Halter like a Dog , and running for his Life and Neck ; and that by the very same hands of Villains that had forfeited their own to the Government , and were afterward faster noosed . How Zealous were our Popular Patriots against the least animadversion that was made on the most audacious Libel , and even Judges themselvs arraigned , for dering to execute those Laws , the meanest villain , could daily dare to violate : How curious to enquire for the least accusation against the worthy Person above described , and only because he dared to do his duty ; when 〈◊〉 dangerous to do so : It was a pretty sort of expedient , tho the most absurd Politicks , for the countenancing of the Popish-Plot , to bring every one concerned in it , that would not swallow the whole Mass of it raw , crude and undigested ; and that before they had cook'd it up with Nartative too ; while their Protestant rashness at the same time precipitated them but into a Romish Doctrin , of Resignation to their Senate instead of a Church , and believing their house of Commons with a Faith implicite ; yet this was all done too , and this Gentleman whose Writings only declared him a little 〈◊〉 in matters of belief ; ( when even by the most 〈◊〉 in all Ages , it has been allowed to doubt ; and by the Great Des Cartes the wisest Philosopher as a step to the knowledg of the Truth . ) Him 't was expedient to Metamorphose , with the power of an Oath ; which was then Omnipotent , from an avowd Protestant , into a profest Papist : I use that poetical Expression , because they might as well have sworn him through all the transformations of Ovid , into Bull , Bear ; or Dragon , born a prosest Son of the Church , conformed through all his Life , to all its Ceremonies ; a Champion for her with his Pen , and with it a publisht Enemy to Rome , even in his own Works ; having about him Eyes , Nose , Ears : And from Head to Foot all the true shapes of a Protestant Humane Creature ; but the Spell of Affidavit beyond that of Circe , turned Him all into the Beast of Babylon ; all his Hair vanisht into a shaven Crown ; The Whore came riding on his very back , and the fleecy Cowl of Priests came tumbling o're his Shoulders ; and the Common-Prayer he held in his Hand , ran all into red Letters , and the Mass-book : His being a Papist , and a Priest , was as much credited as the Plot it self ; and might have had the Resolution of the House of Commons to the point of his Religion as well as the truth of the Conspiracy ; not a Member but was well satisfyed of his Apostacy , and could Menace him in Publick with a Topham or a Tyburn . And he the first Instance , that under a Government yet establisht , a Religion then Laboured for with Zeal , who for Writing in the defence of both , was fore't to fly for his security and Preservation , tho as publickly cleared from the perjur'd Accusation , before his King , before his Council , as good Judges at least as the Credulous Commons ; these careful Patriots being often abused by their Country-men , for whom they were so Zealous ; Oaths , Assidavits , and that Cloud of Witnesses , had almost obscured the light of Reason and Vnderstanding . Another Worthy Person , tho' unknown , that at the same time blest our Land with the Benefit of his Pen , while with the bounteous river he hid his head ; whose Ingenious Dialogues only Corrected their sawey Libels ; with a smile and with a pleasant reproof of their Falshoods made them feel the smartness of his Truth : Him they Libelled too for Popish , Mercenary , Pensioner to the Party : So Zealous were they for the subverting of the Government , that they could damn all that did but dare to assert it ; Break the very Laws of society in their Censures ; and what they could not prove with their Affidavits condemn upon Presumption . With what sawcy ; Petulant Animadversions did they treat the Dean of Paul's Sermon of Separation ; A piece penn'd with that Judgment and Moderation , that it was only envyed for being so ; commended and applauded by the Pen , even of one of their most virulent Scriblers , that had engaged Himself for the vilifying of the Church , in which he was Christned ; and fighting against the Banner of his Christ , for which he had vowed himself a Souldier ; * And with the subtile Insinuation of righting of her Prelates , wrong'd and abused her whole Hierachy ; yet such an one could allow that peaceable and pious piece , to be without exception ; but what Reason could not resist , must be baffled by a Baffoon , and a Pen employed to Burlesque the very Bible , rather than want an answer to the Text ; and the sacred service of the Church , prophaned with the tropes of Trinkets , and the Metaphor of an Hobby-horse ; tho upon other Occasions she can be transformed into the more terrible beast of the Revelations : The Author was Anonymous , and so escap't the thanks of the House ; but what ever were the scurrilous Animadversions on the foresaid , and the like Ingenious , Loyal , and elaborate pieces ; 't is observable they had so much Influence on some of our blindest Zealots as to open their eyes , brought some of their Villanies to light , that had been so long transacted in the dark , and drove the Faction to stand a little at bay , that had ran the Nation almost out of her Wits ; coold their brutal Zeal down into Humane Sense , acquainted them with what was truly Religious , and heartily Loyal , instead of a devout Phrensy and a mistaken Loyalty . All that I can arrogate to my self , is but what I shall always be proud of , of having done my Duty , and that to my Soveraing , as well as his Subjects , in a seasonable Animadversion on as damnable a piece of Treason , as ever was brooded by the most perjur'd heads that ever ; hatcht a Rebellion : That specious pretext of an Association , That Covenant to Rebel against the Life and Honor of their Prince , with Scripture warranty ; and in the fear of God ; tho' the very Text tells them , touch not mine Anointed ; And next to fearing their God , follows honouring their King. I cannot say I was Instrumental in the following Abhorrences ; but hope the God of Heaven , blest my poor endeavours so far as to encourage but an Abomination of the draught of Hell , which I hope too , I there represented as black as the Devil that contriv'd it , or to give it its true Colour , almost in its own blackness ; my foreboding thought shewed me in it like a Glass , all the Villanies and Treasons that have since succeeded , tho' not prospered ; The very Scheam and Embryo of this teeming Plot ; The very Metaphor of the Trojan horse that carryed Fire and Sword in its Belly , brought within the Walls of our House of Commons , as they themselvs assure us ; I am sure as unhappily as that within those of Troy by almost pulling them down , and exposing the whole Kingdom to the flame ; and that too by the treachery of as false a Sinon of our Age ; as great a Renegado to Prince and People ; and whom they too had saved from being Justly sacrificed , only for their ruin , and destruction ; And that I have done in spight of those Censures , I have laboured under of having been Mercenary and set a Work of having been more Zealous than Wise : As an Anonimous Scribbler has been pleased to represent to the World ; but I thank my Stars that have envolved me with the fate of the Government , and when ever that can't stand , I desire to fall ; but the puny pedantick Soul shall know , I can give him a prefatory Animadversion for his Postscript Reflexion . As to my being Mercenary , whoever condemn me for that , are as Ignorant in their Censures , as unreasonable ; for I did for the Prevention even of that very Callumny decline the taking of a single Penny ; the least sort of gratuity , for any Copy , or single Letter ; that in the plain , Litteral Sense , I might be said to serve the Government for nought ; I thank my God that has allowed me that Competency , that I can write with pure Affection , and not for Bread , with the sense of my Soul ; not of my Belly : Tho' it has appeared on Evidence , that the great Patron of their Cause kept open entertainment for the pampering Sedition ; and feeding the flames of Rebellion with the very sops of his Table ; discommending there the most virulent Satyrs , only because not bold enough in expressive Treason ; but too little favouring Rebellion . And as for the Presumption of my being set a work , of which they have accused me too in their Prints , that 's more false than it is truly malicious ; the villains thought none bold enough of himself to defend the Government , when they could with so much Impudence invade it , I was so far from being instigated by Persuasion , that even my own acquaintance , my most familiar Friends , were unconsulted ; and my Person at this very time unknown to any single Person of that Court Party they would have me to serve , I urgd this to let them know the falseness of their sordid Suggestions , and the real truths of their most malicious falsehoods , and moreover and above , all , the goodness and equity of that Cause , I shall ever defend , and that more willingly with all my dearest blood , than one drop of Ink ; that Persons resusing profit or , emolument , without application for interest or preferment , discourag'd , disgusted , and hardly dealt with , even by some of those seats of Literature , where they say the Doctrine is nothing but absolute Dominion ; and the best of teaching Tyrany , tho indeed , nothing but the solid Seminaries of true learning and Loyalty . But to satisfy such ; themselvs , and their Treasons , set me a work , both black anough to have exasperated the dullest Soul ; And even a Dumb Son would break into Speech , to see the Father of his Countrey ready to be slain . But besides one whose age will scarce permit him to be prejudiced with much reading , or Authority , having had but little time to Consult much ; so that whatever my sentiments are , they must proceed from the agreeableness of so good a Government , to pure , natural ; and unprejudiced ; Reason ; to the Principles and Instinct of uncorrupted Nature it self , and the very well Being of an Humane and Civil Society . But for this Gentleman , or rather that spattering Scavenger , who for Expressions of an unfeighned and hearty Loyalty , only for a specimen of his profession , would return to his throwing of Dirt ; and stampt my Character , as they did then themselvs and their Treasons in Print , I shall scarce retort his calumnies for fear of wearing the badg of his Office in a filthy stile and foul Fingers ; 't is enough to repeat them ; and his own stroaks will return best in the rebound . I were more Zealous than Wise to turmoyl in a thing never owned by any Person , and calls it a hard shift to beg a Question . As for my Zeal I will even acknowledg to Him , for my Wisdom shall submit to better Judges ; but if the Sot had not been so silly , as to be beyond the sence of Impudence ; his Countenance of hardened Brass , could never have called that begg'd which was sworn upon the Bible , and openly produc'd ; and that not by Beggars , rak't out of their own Dunghils , their dirty Bogs of Irish Affidavit , fitter to be carried out with our night Weddings , than woed as they were to come over for the drudgery , for sending a poor Priest , and a Plunket to our Tyburn ; But when at last they were like to stick in their own Mudd , then their own Mercenaries , with an Ingenious Malice were fob'd off for our Hirelings , tho they knew they were shipt over by their Patron , the Noble Peer , wretches that were tied up afterward to their own Gallows in Ireland ; I am not tender of the poor Priests Person , tho his case was hard ; the Kindness I have for my Protestant Religion may make me less compassionate for Men of different persuasions ; but the profession of any Law , will make a man concerned for Common equity , that a criminal cleared by his own Natives , the best Judges of Circumstantial Truths , and Humane Probability , should be found guilty by Forreigners , exposed to the delusions of a Probable Lye : But if the wretch has the Considence , to survive his Conviction ; can he call it now Begg'd , when the Gentleman at whose door 't was laid , there powerful Patriot , their deifyed darling , has appeared since the very Devil of Rebellion , double dyed in Treasons , designed Murders of the Royal Line , and intended Massacre of the best of People ; and that beyond the Contradiction of Impudence it self ; Having transcribed all that Rebellious Scheam into the graphical Plan of his Conspiracy ; raised upon its Foundations , an Insurrection as sure as Plot and Treachery could contrive ; the train laid , the match ready , and only because his Fauxes were not so forward to give Fire , burns with indignation at the dulness of his own miscreants , that unlike the true Machival Assassin , did not dare to dispatch quickly , but tamely sufferd villanies to miscarry for want of Courage , and his being failed , Conscious of his undiscovered guilt , and bigg with acted Treason , seeks for safety where 't was only left , in flight , flies to a forreign , what he designed to set up at home , A Rebellious Republick ; seals his hatred to the Government there with his latest breath , and his last Will ; and leaves for a Legacy the success of his Conspiracy ; that 's Blood , and Slavery , to his kind Countrymen for creating him a Patriot . Vid. Truly the Gentleman is very sharp , and his sharpness had been Commendable , had any been found guilty , of framing or abetting the Paper . I thank him kindly for his Bit and Knock , which had their Villanies succeeded the one would scarce have been a Morsel of Bread , the other a good thump with a Stone , or their sanctifyed Flayle ; but there was none found guilty of framing it ; nor indeed like to be , when the Jury themselves were associated against the Government , and transcribed the very Crime of their Criminal into practice ; That Jury who by an early Anticipation of his Guilt , might perhaps have saved the blood of some , their own Darlings , before it had been so deeply tainted with the Venom of that old Serpent ; whom now his fallen Angels Curst too for Concomitancy : and in their dying words , as the Author of their Ruin , That Jury that might have prevented the danger of the Kings Life , only by exposing that of a Traytors , and of whose Royal Blood they must have been guilty by Consequence , had the villany not been blasted by Providence , and are now only Innocent by a miracle , and without Repentance still guilty . And I have that Charity to believe that the subsequent discoveries , have given some of them a sight and sence too , of their error ; that they were only blinded with an Ignoramus , because in the Dark ; and that they are satisfyed the God of Heaven has brought now the Contrivance of Hell to Light : And yet for a little Animadversion on these , amongst whom some I hope are ready to condemn themselves , the Reflecter represents me as furious , ignorant , uncharitable ; but with what face can he urge that none abetted the Paper , unless with such an one as his own Conscience must fly in , who himself abetts it as far ( as the popular Pedant is pleased to call it ) the Peccant part , that is , the cunning Knave would adhere to Treason , as far he could without Hanging ; But was not the Paper abetted at the very Bar , and that by Bernadiston ; that shamm'd off that Treason on the Parliament , as he would have done since the Plot it self on the Abhorrers : And for which we have Reason to thank him , and not his House of Commons , It could not have been believed that such a thing could have been offerea in such an Houorable Assembly , had it not been kindly insinuated by their Civil Interrogatories ; but then the Gentleman would have us believe for the sake of his Innocent Jury . They never heard of or saw the thing , till Printed by the Loyal Stationers with the Covenant , Jigg by Joul , ( as his clumsy Phrases have it ) but did ever a more malicious Ass forge such falsehood in the face of the Sun , against Evidence as clear as the Lamp of Heaven it self : When the same to a syllable was all read to them in open Court , the same that himself insists to be Printed in Collums with the Covenant ? I have but one thing more to observe upon him ; ( if any thing he has said can be worth Observation ) not so much in my own defence , as of that which I shall ever be ready to defend with my last Breath , and my latest Blood ; The Church whose Ministerial , and sacred Officers , I am sorry should suffer through the Ignorance of such a Sot , and for the sake of one so little related to their Function , and so much their Friend , whom the Wretch Libels thus : Why he should Hyperbolize in such an hot headed Stile , &c. no Reason can be given , unless it were some young Crape-Gown Levite , that had a mind to be dabling in Gall , and Ink ; of those there are two , for among that sort of People there are many for want of Education , very malapart to others , and for want of what in them should be most Conspicuous , good Example , and out of a Cruel and Bonner-like Disposition , most Remarkably , uncharitable : And then in the next Paragraph , calls it Pulpit-Rhetorick , and Crape-Gown Extasie . The Warmness of the Stile , which he the more furious Fool is pleased to call hot , certainly was warrantable . When their Zeal was burning , the Fire kindled ; and they had already put the Nation in a Flame : When they were ready to turn our flourishing Sion again into a perfect Babylon , a Land of Confusion and Captivity ; When in the very Literal Words they cryed down with her even to the Ground ; Would they have us verify the Desolation of it too , by hanging our Harps upon the Willows , having only recourse to sadness for our assistance , and only quench their aspiring Flames in our humble Tears ? They can't have recourse to Moderation , and pray'r ; to avert those Foolish Fears of an easie Government ; but Burlesque the very Bible , traduce the Doctrines of all Primitive Christianity , for to warrant an immoderate Rebellion ; and can such unreasonable Souls tax us for want of Moderation in the Defence of an Establisht Government , that most immoderately blaspheme God and their King for the undermining it ? The fixing of his pitiful and pedantick Terms on the Venerable Gown explains sufficiently the Veneration he has for the Church , the dulness of his Sense and Stile betrays his very dissenting from it , and his Ignorance the best Evidence of his Nonconformity ; 't is the best Argument of his absurdity to talk of their want of being well Educated , who have such Seminaries , so well endowed , for a learned and liberal Education . Tho' I confess , they want your Lobbs , Ferguson and Casteers for their Tutors , and are not trained up into Treason from their youth , and pampered into Faction with their Food . But for their Disposition to Cruelty , so far from Truth , that it is only an elaborate task he takes to give himself the Lye. With what Mildness and Moderation have some of our Divines of late controverted the debates , enough to have melted He Tygers , while their own Party had no more Commiseration than those Milk ; Saw like so many sharp sighted Linces , the Depredations of the Wolf , the worrying of the Sheep ; while still their attempts were on the true Guardians of the Flock : His Bonner-like dispositions affirms now in plain English our Church to be Popish , and is but the Counterpart of Oats his Affidavit , that there 's not a Protestant Bishop in the Kingdom . But if he will have true Specimens of a devout Cruelty , and bloody Patterns of uncharitable Divines , let him Consult the Dissenters sayings , and only the single Instance of Baxter's inhumanity , to a mangled Carkass , when he helpt to Murder the Major for the Medal of his Majesty , and wiped his Mouth in Blood , to commit Sacriledg : 4 I have done , and that with a Fellow , as full of folly as Faction , and for the prefixing to his Impertinence , the Parliament Speeches , he shall hardly receive the thanks of the House ; when in some of them , I shall shew he has publisht Principles of a Republick , open Sedition , and an implyed Plot. THE TRIUMPH OF OUR MONARCHY , &c. T IS not so long since the poor Nation , was tortur'd with an intestine War , that she should forget her torment ; when such too as reduced her to her last Convulsions , and her latest gasp . When also the Symptoms of a Relapse has grip'd her ever since , and Sedition grumbled in her Bowels : Her Body Politick so far sympathizing with the Natural , that it will find another such a fit Mortal ; 't is but Charity to a languishing State , to give the truest Judgment of her Distemper , to prevent its return : It has the Proverbial Authority of an undoubted Aphorism , That the knowledg of a Disease is the nearest step , if not equivalent to the Cure ; and I know the Professors of that Art , and its best Judges to rely most upon a true Crisis ; and are only successful in the Events of their happy Diagnosticks : I have parallelled one of those Remedies , our State-Mountebanks would have used for the restoring of this Politick Body with a Medecin with which our former Empericks had perfectly poysoned her , and proved their gentle Dose of an Association as dangerous altogether as their Covenant and death it self . The design of this ensuing Treatise is to examine all those sophisticated drugs of false Opinions ; and how they have been continually rectifyed and amended with right Reason and Truth ; the Treasonable positions of Buchanan , Napthali , Dolman and Milton , those Epidemick and most damnable Quacks of the Kingdom ; have been by many , and that by most elaborate pieces consuted beyond answer and reply , unless from such as are as much beyond Conviction : The Latter of which , in spight of all his smooth Tropology , the gaudy grinding of his words , had his damnable Doctrines for Domestick Rebellion , as Ingenuously refuted by a forreign Pen ; and what ever Kindness his Countrey can have for the Dust of her Native Milton , I am sure , 't is more obliged to the Ashes of an Alien ; and tho some are so much for building him his Monument , I shall still much more reverence the Memory of Salmasius . 'T is a little Prodigious that Persons not so much as allyed to the Clime , should have such Kindness for a Government , to which they are no way subjected : while those that are born to obey it , and have pawned their souls for their Obedience , should break the Laws of Nature , and Nations for its ruin and subversion ; certainly it can proceed from nothing but the agreeableness of the one , to the solid Foundations of Eternal Reason ; The other only from the Malice and Venom of those Vipers , that for the production of every novel , and unnatural Opinion , must force their way with Blood , and Wounds , and that too through the very Bowels of their Damn . But these forementioned Miscreants have been lately too as learnedly refuted by the Judicious Pen of his Majesties advocate in Scotland ; those that will chiefly fall under the Animadversion of mine , shall be such as within this five years , too long a Lustrum for allow'd Treason , have retrived those Doctrines for Truth in so little time , and with Impunity , that will remain false to all Eternity , and have been Condemned by all ages . I shall take them in their Order as they have Printed , Publisht and Practised Treason : They shall take their turn with me as they ought , at Tyburn , when by Justice overtaken , where they ought to have the aim of their Ambition in their end ; where every ones more forward Rebellion , should have given him his more timely preferment , and by his vilany be entitled to precedency . Tho' the Title insinuates , their Plots should be first treated on , and the Rebels come first upon the Stage , that serves rather for the runnings of the words than the Reason of the Work , and though the Stile of the first Page may seem to promise the rest shall be proposterous , I shall take Care the method shall be more Natural , and 〈◊〉 we shall begin with the Principles of our late Republicans as the productions of the Plots of Rebells , the result of which has been verifyed beyond the Reason of Philosophy , and the Effects of necessary Agents do not more naturally follow the Cause ; and will all along Demonstrate , as clear as Euclid , how the one has been always baffled by Reason , the other continually blasted by Providence . The number of all our most Licentious , and Libellous Authors , who can pretend to merit Animadversion , ( for the rest are innumerable ) whose Pestilent Pens do most provoke it , whose Papers deserve the fate of the Noble Peers , and their Persons at least the Pillory , I shall reduce to five , the Quinque-primi , as the Romans reckoned them amongst their Senators , whose more virulent Essays shall give these the preeminence too , amongst our Republicaus , who have been absolute Monarchs of their Pens for the last Quinqennium , and exercised that Tyranny over mens minds , beyond what they could fear even from the worst of Government over their Bodies . These five chosen Gamesters at the Pen exercised themselves like those in the Olympicks ; each had his Portion in the Quinquatria , and his prevaling part allotted him in their first Feast of Faction . The first was their bold Author of the brief History of Succession ; and the first , I dare swear , that under a Government beyond dispute for 600 years Hereditary , dared to controvert the Succession of its Heir ; and truly 't was a prudent sort of Expedient in their Politicks , to raze the Foundations of Monarchy , before they would offer to build up a Republick : The prime Introducers of the Bill of Exclusion , were bound in prudence to get Pens to justify their Proceedings in Parliament ; which otherwise might not have been so well relisht by the People , by being barely Parliamentary , as well as it is since evident , they set a work some of their Chaplains to eradicate the very Notions of Passive Obedience , till Rebellion took so deep a root in some of the Patrons , that it anticipated worse sufferings then what they feared , and from the vain dread of dying Smithfield Martyrs , made them truly suffer for Plot , for Treason , in Lincolns-Inn-Fields . The second prize they play'd was for a Common-wealth ; which was naturally the next blow , when they had so ' fairly struck at the Monarchy : and then rises up the Ghost of old Plato , an Image or Appearance as much unlike the Divines , as the Spectrum of old Hector was like himself when soiled with Dust and Dirt ; the living original was the sublimed Essence of exalted Love it self , and this copy of this degenerate Ghost , the dull extract of deadly malice , the true Devil of a Republick : the English of it was , they knew they had formerly usurpt upon our Crown , and brought it to the Common-wealth of England . They had made it an Ilium of Fire and Confusion , tho' to their dire thoughts a pleasant sort of an Interregnum , they still take that Epoche of their Slavery for the date of their Deliverance ; and then it was no way preposterous for the retrieving of a sad Platonick year , to raise up a Plato redivivus . Their third Combatant of their Cause , and who in his own rank will fall under my reflexion ; is a Creature of another Complexion , and that Hunt in his Postscript , upon whom I shall observe all , what is pertinent to this purpose , whose cunning Insinuations have all the palliated Knavery of the Ballad , of the Cloak , and with the pretty defence of its Praelates , Libels the whole Church it self , and this very peice as naturally succeeded the preceding ; for when the state was to be turned into a Protestant Republick , 't was time to make the Clergy , Papists ; when the Common Prayer was to be abolisht , 't was time to vilify those that were ordained to read it ; when the sign of the Cross , was become as offenfive as a Crucifix , 't was time to traduce those that waited on the Altar ; and to plead slily for a Directory , tho' penned in blood , when all our Litany was run down into red-Letters , and a Mass-book . After all this , lest the Devil of delusion should have been unsuccessful against the Doctrine of the Gospel , lest some might still honour their King for the fear of God , and Christians be obliged by the blood of a Crucifyed Saviour , and the badg of their Profession the Cross ; a devout Incendiary a Divine Rebel Apostatizes from his Faith , only to give the better Character of an Apostate , and fairly suffers himselfto renounce his Christianity ; only to confute the Doctrine of sufferance . This damnable position of Resistance , did most naturally follow those Principles of Rebellion they had publisht before , when they had proved that their Interest did most infallibly oblige them to Rebel , and that they had certainly the Devil on their side ; they knew they should soon be secure of Peoples Purses , when they had mastered their Consciences , and made a party of God and Religion . This made them back the Lawyers Arguments , with that of the Divine ; out comes this Johnson upon Hunt , or Hunt upon Julian , sworn Associates for the perverting of Divinity and Law , both designed , without doubt , for the best and highest Preferment in their new Government of Church and State ; the one must have been our Metropolitan , the other after so many disappointments , Chief Justice ; and truly two such Instruments of Hell would have been only fit to preside in such a State that would have look't like the damn'd , full of Confusion , full of Contention , full only of Johnson's primitive Rebellion ; the Devils , They only past for two pieces , tho in truth , but one new Dialogue , between the Doctor and Student ; both agreed in their Divinity and Law , superviz'd each others Sedition , and corrected Treason for the Press ; lest their Quotations for Authentick , Religious , and Statutable Rebellion , should fail them from the Bible , or the Year-books ; The Gospel that once 〈◊〉 the Law by these Jews is made to Confirm it , and the new-Testament to warrant that Rebellion , which the Old had damned for worse then Witchcraft , both these Incendiaries the very Counterparts of two late 〈◊〉 , that lived , lov'd , were Sentenced , and hanged together . The Judg has condescended to second Cook the Sollicitor , and in his squinting Reflections almost demanded Judgment on his King. The spiritual Advocate makes up an Hugh Peters the second , and tells us nearly in the old Villains own Words , not in the passive : ( We have not yet resisted unto Blood. ) But if this Gentleman would be tryed by the Word of God , as his Predecessor , in his Tryal desired to be , he would find the Bible the best Confutation of his Book . The fifth and last of these prime Senators in our designed Republick was the mighty Sidney , whose seditious Pen was the last too that would have acted its Tragick part on this Bloody Stage , which lay ready behind the Curtains , waiting only for the success of the Plot ; but they happened to be drawn , and he forc't to enter before his time , by its being blasted and unsuccessful ; his final Determinations had prepared to Crown all with the described happiness of a Republick ; and the experienced Holiness of a Commonwealth for fear lest after the Butchering of the best of Kings , they should improvidently set up , but for a resemblance of 〈◊〉 Sovereignty , tho in the spurious issue of a 〈◊〉 Monarchy , and the arbitrary Management of an Illigitimate Prince . He would have had no shadow of a Monarch to succeed our Matchless Charles , not as the Athenians suffered that : Government to 〈◊〉 with their Codrus , because his goodness was unimitable : He had prepared the draught of Hell , and true Roman hatred for its 〈◊〉 , and made a Tarquin , a Tyrant , and a meer Monster , of a pure Miracle of Mercy : The whole Scheam of his Rebellious Principles , which he still denyed with his last Breath , and still owned with the same , with all the Impudence of Jesuits , and their Equivocations too ; he would not own it absolutely , lest he should acknowledg the Justice of the Nation ; he would not deny it positively , because the Nation should know he could answer Filmer : The whole we can't animadvert on , because thought perhaps too dangerous to be publisht ; but what was taken at the Bar , and delivered on the Scaffold , was too much the Truth of a Republican , too much Treason to be divulged , and what can never be too much discountenanced , and refuted . And here you have the chain of a parcel of rebellious Libellers linkt in an orderly Combination , for the shackling of us into Slavery , and the binding our Kings and Nobles again , with Fetters and Iron : I shall begin with the first factious Fellow in the Front , and that 's the Historian . CHAP. I. Historical Remarks , on the brief History of Succession . I Don't Design here a particular answer to each Paragraph of his Historical Discourse ; which probably has been as much falsify'd , as any thing the contrary of which could be verify'd on Record , and perhaps cramb'd with as many lyes as ever could be Corrected with truth ; it would be a presumption and impertinence to pretend to answer that which has been already done by some unanswerable Pens , the Knowledg of whose Persons , and Worth would deter me from such an undertaking , as well as the satisfaction of their Papers supersedes it ; mine shall be but a few sober remarks , subsequent to their solid Confutation . And truly in the first place all Historians agree that our English History was uncertain before the coming of the Romans , and without doubt we had reason to want the Tradition of it ; when needs we must , when we had nothing of Learning or Knowledg to deliver it down ; unless we would imagin the silly simple Souls could have left ustheir own Skins for a Chronicle ; and transmitted the painted Constitution of their Government in the Colours and Hieroglyphicks of their Bodys . But since that Author owns , and that from the good Authority he quotes , that the Nature of it was uncertain ; but that they were subject to many Princes and States , which last Expression I fancy was his own , to make it savour more of a Republick : which I am confident they were then as Ignorant of as we , truly now , of Tyranny and Oppression , which I gather partly from the Constitutions of all Nations at this time truly Barbarous : Since both the East and West of the uncivilized World confirms the warrantable Hypothesis , the most probable Conjecture , which is all at this present governed by its 〈◊〉 Monarchs , and puny Princes , tho' some greater Empires too than any of ours in Europe , no small Argument for the Divine Right of Monarchy , by its being so generally embraced only by the light of Nature , whose Creation was , whose Subsistence is the sole Care of Divinity it self . And besides Dr. Heylin tells us , that at the entrance of the Romans the Isle was divided into several Nations , governed by its several Kings , and particular Princes . The Druids , as may be gathered out of Caesars Commentaries , had in those Ignorant days all the Learning , and the Law ; But too little alass to let us know whether their Princes were absolute Monarchs or limited , Hereditary or Elective ; though 't is to be suspected they were both unconfined in their power as well as succeeded by their blood , those poor Embryo's of Knowledg , the very primitive Priests of Barbarous Heathens ; that in their highest felicity were no happier than the first asserters of the Gospel , under Misery and Persecution ; their reverend Hermitages , but the Woods , the Dens , and Caves of the Earth , were far sure from disputing the right of Sovereignty , when only capacitated to obey ; far from transmitting to us the frame of their Monarchy , unless they had known the Egyptian learning of writing on the Barks of Trees , and made their Libraries of the Groves in which they dwelt : The Princes and Monarchs of their Times were wont to frequent those pious places for Worship and Adoration ; and had a Veneration too without doubt , for those reverend Bards that sacrificed ; but were far I believe from subjecting their Regal Authority to that Divinely Pagan , tho' then the sacred Jurisdiction ; tho' 't is reported that upon Caesar's invading them , the very power of Life , and Death , and the Punishment for all manner of offences ; was in their sacred Breast , and such as would not stand to their award , were forbidden their Sacrifices : which Interdiction then was the same , I believe , in effect , with the modern power of our Church to Excommunicate ; but besides another reason , and the best too , why we have nothing delivered from those sacred Oracles of Religion and Law ; why the History of those times is still uncertain , and was never transmitted , is because they were expressly forbidden to transfer any thing to Posterity , or to commit it to Books and Letters , tho somewhat of that sort of Communicating , must be supposed by that Inhibition to have been Imparted to them from the Egyptians , Greeks , Romans , those Eastern Climes through which Learning and Letters had their first Progress . But whether their Ignorance , or such a prohibition were the Causes why nothing descends to us of the Government of our old Britains , 't is granted by all , and by this Author himself , that it was Monarchical , that Kings Reigned here ab origine , if not Jure divino ; Though I look on their Antiquity no small Argument of their Divine Right , and for the probability of their Haereditary Succession , which I insinuated above , can , I confess , since we are so much in the dark , be only guessed by the light of Reason , and that I shall make to warrant the Conclusion , from the present Practise and Constitution of all barbarous Nations , where the next of blood still mounts the Throne , unless interrupted by Rebellion , and that 's but the best Argument of our Author for the Power of his Parliaments ; and if only for this certain Reason , we have more Authority to conclude it was then Haereditary , then he only from the uncertainty of the Story , has to conclude it otherwise . In the next place , I see no reason why his Sentiments should determine other Peoples thoughts , and why we should not think that the following Heptarchy of the Saxons , ( tho they had their seven Kings ) yet still might agree in one rule of Succession , nay tho their Laws were so different too as he would insinuate , which is not absolutely necessary to suspect neither ; for they being all one Nation , and then but just called from their home by our British King Vortiger for his assistance : may probably be supposed to have retained for the Main the general Rules and Laws of their own Countrey ; tho when divided into those seven Kingdoms they might also make a sort of private by-Laws according to the different Emergences of particular affairs that occurred in their several Governments . Can he prove that the Succession of the Saxons in their own Countrey was not Hereditary , when they inhabited in their small Dukedom of Holstein ; and that consequently they retained the same sort of Election , in their new acquired Government here , that they left in their own at home ? this he does not undertake to suggest , because not able to prove , there having been a probable Monarchy all along Hereditary , if Paternal Right was wont to descend so : for that is proved by most learned Pens , and these Saxons are believed to have been the relict of the race of Cimbrians , that inhabited that Chersonese , so called from its Inhabitants , of whom Gomer the Son of Japhet was the Original Father or Prince . But what ever was their Government before , he allows them to have set up seven Monarchies here : only can't think they agreed in one Rule of Succession , because governed by different Laws , which tho granted , is so ridiculous an Infinuation , that greater Differences , atpresent , between greater Kingdoms and Nations , far more remote in Place , far more different in Religion , contradicts the Suggestion ; who for the most part , now over the whole World , agree in an Hereditary Succession to the Crown ; and the Argument would have been as strong , and as apparently foolish ( if he design'd it for a Specimen of his folly , ) that since France , and Spain , Sweeden and Denmark , are govern'd by different Laws , we can't imagin them to have one sort of Succession : Which very Rebound of his own Pen wounds his Cause , more than any direct stroak of his Adversaries , for since we see those more different , more distant Nations agree in one Rule , 't is sure a Logical Inference a Majori , that those that were less different might . And for the Changes and Consusions of those Times , which he urges as an Argument of their uncertain Succession : that is in effect , his very Alpha and Omega ; and his praefatory Suggestion only proved through his whole History , that in times of Confusions and Rebellions , Succession is uncertain ; and so is all Property , and Common Right , all meum , and tuum ; all that the Law of God or Man can make his own . But as obscure as he makes our Succession before the Romans came , 't is not so dark and unintelligible , but that we may gather light enough from it to have been Hereditary . We won't rely on the Fable of Brute , and the Catalogue of near 68 Kings , that are said to have Reigned Successively here before the coming of the Romans , yet allowing it an entire Fable , we may draw from it this Moral , at least , that a Fabulous Tradition sometimes has somewhat of reality for its ground , as the patching up a Centaure , a Chymera with a thought , results from several Objects that are simply real abstracting from the compounded Fiction : And tho we might not have 68 Kings successive before the Roman Conquest , yet that there were several appears , and he owns ; and I conclude Hereditary , from the common rule in all Barbarous Nations , when ever discovered , in which the further back we run in the History of the Old World , the more we are confirmed ; as also the more forward we go in discovering the New. But tho from the Roman Invasion he leaps presently into the Saxon Heptarchy , yet we may read too , there were many petty Kings that they suffered here after their Conquest , it being the Roman Pride of having Kings their Subjects ; and why those might not still retain an Hereditary Succession , I cannot understand , especially since Dr. Heylin reckons up 16 Kings that succeeded after the Roman Forces had left them naked ; as indeed they were without a Metaphor to the incursion of the Pict ; the first five or six of them lineally succeeding one another from Father to Son , and the rest not known to have succeeded so ; only because there 's nothing left us of them but their Names . After the consolidating of that Heptarchy , into a single Monarchy , the learned Man whom I before have cited , has shown this disingenuous Author unfortunately to have stumbled in the very Threshold , and proved by Authentick Citation , that his elected Egbert was the next of kin to the Royal Stock , that all the following Succession of the Saxon and Danish Monarchs ran in the blood , or was disposed of by the Will and Testament of the deceased Prince . The renowned City of London , as he calls her , is obliged to him for his Civilities , and I shall thank him too for his Complement , in letting her know that her Approbation had heretofore no small Influence on the Succession : And for the securing the Crown on the right head , 't is recorded to their Glory ; and may that glorious act of their Ancestors be still perpetuated in our lasting Annuals , and imitated too by the Posterity of her present Inhabitants ; who then adhered to King Edmond their Lineal and Lawful Prince , and that because they knew he was so ; A Prince Worthy of a better time , and who had he found more faithful , and but better Subjects , might have been in Condition to have made it so : His Citizens then clave to him , when his very Clergy 〈◊〉 him ; but their Religion in those days was too little to expect their Loyalty much ; whereas ours now , as the best Argument of their being truly Religious , still show themselves as eminently Loyal . The Citizens then , ( for I shall insist upon it for their Encouragement now ) would not concur with Canute's Election by the Priests and Nobility : And why ? because a perfect Exclusion of the right Heir , and the next Lawful Son and Successor to their late King : And the Fiction that the Factious Author tells us , of a Child chosen in the Womb , proves but the Story , the Fable of a Monk ; for which he might as well have cited their Legends M , Westminster , Paris , nor any other Authentick Historians ancient enough , so much as mention it , and our modern Baker says expresly upon 〈◊〉 Death , his third Son , Edmund , call'd Iron-Side ; but the Eldest living at his Fathers Death succeeded , and was Crowned at Kingston upon Thames ; That a great part of the Nobility favoured the Dane , because they feared him ; but the Londoners stood firm to Edmund , and 〈◊〉 the Authors of his Election , and upon his very using of the word here , I can't but observe , what the worthy Dr. has sufficiently proved too ; how common among Historians that word Election is used only for a Confirmation or acknowledgment of the Right , and how against Reason he still misapplies it to Choice : why did he not undertake to prove from Baker too , that this Prince was elected by the Londoners ; only because he says , they were the cause of his Election , which perhaps he would have done , but that he found he must have made that Author contradict himself ; ( as I believe he has done the rest , ) who tells us just before , he was Crown'd at Kingston , as the eldest living at his Fathers Death . And the Interest of that Metropolis for the right Line was such , and so considerable , together with that Princes own Courage and Conduct , that he remained Conqueror in three several Battels , and had been so in the fourth too , the last I believe the Dane would have dared to offer , had not that false Edric , the Traytor to his Father , acted o're the same Treason to the Son , and revolted in the fight , when the Forces of the Foe , where on the point of flying . The taking but half his Kingdom at that Duel and Accommodation in the Isle of Alney , was more 〈◊〉 than fortunate , when still his trusty Citizens would have fought for the whole , and spent their last blood for the right Line , they had first espoused ; the parting with some of his right was quickly succeeded with the losing of all , and his Life to the Bargain , and England might well be too weak for its self , when 't was made half Denmark , so dangerous is it to Princes to forgo the least of their right , which only introduces the loss of a greater share , or to part with a piece of Prerogative , for the patching up some popular divisions , whose twisted Interest like Cords that are a twining , if it catch but the Skirts of the Purple , will soon wind away the whole robe ; the Observation is here verified upon our old Records , and been newly transcribed in Blood , in our latter days ; and the Son of our Royal Martyr treads the best Politicks for the Prevention , in that unfortunate Testimony of his Father ; and if Soveraignty be somewhat that is Divine , a Subjects robbing of the Crown must be next to that of a Church , and a sin that savours as much of sacriledg . But to let you know , in short , the design of this Historian's Complement , upon which we have dwelt too long , the pretty Parenthesis was applyed to another purpose ; 't was publisht at a time when the City was Influencing an House of Commons that were for altering Succession ; and they as great an Influence with the City : At a Banquet of Politicks after their Parliament Feast ; and His time to let them know , the Approbation of that renowned City , had then no little Influence on the Succession . And besides in the very same Page he had prepared for them the pretty President of the Saxons , preferring a brave and deserving Bastard , before a cruel and Legitimate Prince : He means that Athelstan , whom he resolves rather erroniously to suppose Illegitimate , than Ingeniously to allow him , as he truly was , the Lawful Heir : But Baker and others tell us the Truth ; tho' he will not , and say this Athelstan was the Eldest , and no way spurious : But the telling of the Truth , would have prevented this malicious Authors Factious insinuation of the D. Temper ; which to make the more remarkable , he must mark out in Emphatical Italicks , only to save the crying Monmouth and York . But the Card is turned there now , and the Loyal Heart , Trump , instead of his Clubs ; and to be hoped they 'l make good the best part of the Observation , which he never designed they should , stand and fall with their Loyal Progenitors , in the defence of the right Line and the Royal Blood. In short , upon the whole united , and happy union of the Monarchy of the Saxons , give me leave to observe this great Truth , That from their first King Egbert , to this Iron-side the last , no less then 14 in number ; besides , that Edward the first , Edmunds Brother , all successively Reign'd in Lineal discents of the immediate and next Heir of the Royal Blood ; and most of them too , the Successors of the next immediate Brother ; to their present Prince , no less than four several Brothers Sons to Ethelwolf the second sole Sovereign of the Saxons , succeeding one another ; and then with what Face , unless with one more lasting , then I 〈◊〉 his corrupted History , by being all Brass , with what a Front , but such an one , can such a Libel , and Imposture , a Legend fuller of Lyes than ever was penned by Papist , antient , or modern Monk offer at such a part of our History , for the dispossessing the present Brother of his King. But this Popish Plagiary , fetching most of the Materials of his Monumental Treasons from a Club of Jesuits , the Triumvirate of studious Traytors that forged for the subverting the Succession , their damna-Doleman , no wonder if he be as full of falshood as those copyed Ignatians whom he transcribes , or the Founder of them the Devil . All the shadow that he has of any thing of Election , was that of the first Saxon King Egbert , whom he would have no way related to Brissicus the last King of the West-Saxons ; but whom a more worthy Author proves from Westminster's own words , that he was the sole surviving branch of the Royal Stemm ; and that he was banisht into France ; and that only for fear of his Right . But granting then what he is resolved to suppose ; still right Reason will confute his Impertinence even in complying in unreasonable Concession ; the Question here is of the Succession of our Establisht Monarchy : And he brings us an Instance before the Monarchy was Establisht , owns that the History of that Heptarchy was uncertain ; and yet very certainly determins the point of his Election ; and that we must take too upon an ipse dixit of this Dogmatical Historians , for his being no way related , he cites just no body , and while , for his near alliance , you have the Authority of so many . That other only broken Reed that in all these Reigns he has to rely on , and that like AEgypts too is ready to run into his side , so false , so dangerous to trust too ; which is Edreds being crown'd in the Minority of his Nephews ; when all the Historians say , it was only for their being Minors : And the diligent Baker says he was not then made Protector : only because that Authority was not then come into use ; but crowned as King with purpose to resign , when the right Heir should come of age . But lest his Modern Authority may be not sufficient with those that malign any thing , that makes for the Monarchy ; let them consult even the most of the Antients , and they all agree they were only set aside for their Nonage . But this Royal Protectorate soon expired , as if Providence laboured to prevent an Vsurpation ; and provided for the right Heir , who succecded in his paternal Inheritance , before arrived even to the Romans civil age of Puberty 14. And the malicious Perverter might as well say as great a stress , as you 'll find afterwards he truly does upon Richard the thirds Butchery and Usurpation ; the breaking of the Laws of God and Man for a Crown : All the difference is . Here were only two Nephews for a while debarred , there Butchered ; and shall such bloody Miscreants pass upon the World for credible Authors , who for robbing of a Divine-right , can cite you Murder ; and for the breaking of our Humane Laws , the blackest Crime in the Declogue . And since this Antimonarchical Zealot , has shown himself thus elaborately studious , to rake every musty Record of those Reigns for a Rebellious remark ; give me leave only from the same times to make this last and Loyal Observation ; where Providence seemed to shew it self remarkably concerned for its crowned Head ; and that in the subsequent Judgment upon the Proto-Martyrdom of the Saxon Edward ; as well as what we suffered since for our Martyr'd Charles ; tho there 't was only for anticipating a right by blood ; but ours a bloody Usurpation of those that had no right at all . Ethelred's passage to his Reign was but before his time , and the Almighty's ; yet the Government suffered for it as many Pangs , till it quite miscarried ; within fifty years the new Monarchy fell quite asunder , rent and torn by two several Conquests : He himself meets with the Defection of all his Nobility , forc't to raise his Danegelt , and his Subjects into Rebellion by it ; prepared his Navies , only to be shattered with a tempest , or consumed with Fire ; both Elements and Heaven it self , seemed to conspite to make him Miserable : Famine and Mortality were the dismal attendants of his Wars , the Depredations of Invaders would not allow peace ; the Reign that begun in a Murder , ended in a Massacre : The incensed Danes soon invade him , the perjured Edric falsely forsakes him ; he languishes a long time , as well he might , under Guilt and Misfortune ; and to put the only period to his days , Miseries and Kingdom together Dies . You see how little success this Author met with among the Saxons Sovereigns for altering Succession ; how much of Imposture his Reader may there meet with in him , and you shall as soon see , he deals as disingeniously with the Danes . And here thorough his double diligence , this Parliament Historiographer has not omitted an Argument for his purpose , much of the same strength as those that he has used , viz. That Knute was no kin to Edmund , or Ethelred : And the Dane no way related to the Line of the Saxon , that is , the poor conquered England , was not Consin German to Denmark the Conqueror , and yet the Title of the latter was preferred , and their King , acknowledged ours . I can't conceive what necessity of Relation an Invader needs to the poor Prince he Invades ; and whether that be not a pretty sort of an Argument for altering Succession , to say the Kingdom was Conquered ; Swayn had before cut out a fine Title for his Son with the Sword : The North , West , and some of the South part of England had submitted frightned with his revengeful Cruelties , which their own had provoked : Canute himself after his Fathers Death , lands as soon at Sandwich with a Navy of two hundred , gave our English a great overthrow , possest himself of what Swayn had before harassed ; the West ; and because the Nobility favoured only whom they feared , and set him up in Competition for the Crown , whom they could not keep down from being a Competitor ; ergo , therefore the Succession must not run in the right Line , and why ? because here it did not ; if more absur'd Inferences , can be drawn from matter of Fact , or greater Solecisms from Historical Observation , I 'le forfeit all the little Right I have to Reason ; and with an Implicit Faith , believe the Legend , for a Bible , and his History for the Revelations . But yet this Prince , though by Conquest and Composition , he got half the Kingdom , and upon Edmunds Death the whole , foresaw what Power the pleas of Right , and Succession might have for animating an Interest in the defence of the poor injured Heirs ; and therefore took all the ways to ingratiate himself with his wavering People ; his young and unexperienced Subjects , and all manner of means for preventing the Lawful Heirs , for attempting for their Right ; sticking at neither Murder , Malice , and Treachery ; and in order to the first , he made a shew of governing , with more Justice , then he conquered , and took mildness for the best means of his Establishment ; and to let the Nation know he designed only to subdue them , sends away his Mercenaries , ships away his Navy ; and for a popular Specimen of an Heroick Kindness , to the memory of the Saxons he succeeded , as a Satisfaction to their injured Dust , prefers Edricks perjured Head , to the highest place on the City Gate ; and with that Expedient , reconciled himself at once to his own promise , deserved Justice , and the Peoples favour ; and yet for securing himself from any danger , from the Lawsul Heirs , so politickly Cruel , that all the Royal Blood felt of his Injustice ; sent the two Sons of his late Co-partner in the Kingdom , to be murdered abroad , and got his Brother to be butchered at home ; such an experienced truth is it , that Powers usurpt , Successions altered , like the blackest Villanies can only be Justifyed and defended by committing more . At his Death 't is true he disposed of his Crowns , by Testamentary Bequest , and well he might , when there was so little known for Kingdoms of Feudatory Law , and private Estates then far from being entailed ; yet in that very Legacy you can observe , what Power the Consideration had with him of Right and Blood ; for he leaves his own Paternal Dominions , Norway , to his Eldest son Swayn , and to his Youngest Hardicanute his conquered England ; considering his Mothers Blood , which was Emma , Wife to the late King Ethelred , might ( as indeed it did ) give him some precedency to his middle Brother Harold ; the one having somewhat of Saxon in him , the other all Dane ; especially , if he was , as some say Illegitimate , tho' Baker calls him an Elder Brother by a former Wife ; so that upon the whole , the Contest that rose about the Succession , was but whether he had Right , and when at last Harald was preferred , 't was upon the Resolution of his being Legitimate ; so that here his own Inference contradicts the end for which 't was brought ; and instead of altering the discent , shows they industriously contended to keep it in the right Channel ; and allowing they were mistaken in their Opinions of his Birth , the Lords to make amends for their error , streight on his Death fetch home Hardicanute ; who dying without Issue , the Right of Blood prevailed again , and the Saxon entred in Edward the Confessor , Edmunds Son only being past by because his very being was unknown ; and so they can only be blamed , for not seeking for the right Heir among the supposed Dead : Yet when this Edward had found him out , he designed both him and his Son Atheling for successive Monarchs , whose very name imported Hereditary , and next of kin , as much as our Prince of Wales , while the second Harold , but usurpt upon him , against the sense of the Clergy , who even then lookt upon it as a Violation of the Right of the Heir , and also of their Holy Rites : and tho Harald suggested that Edward had appointed him to be Crown'd , Historians say , that it was only to make him during the Minority of this Edgar ; a Regent , and not an absolute King , and Mat. Paris , speaking of Edgar Atheling in the very first Leafe of his History , in these very words , says ; that to him belonged the Right to the Kingdom of England ; and if Birth could then give a Right , I don't see how then , or now , any Power can defraud a Prince justly of his Birth-right . And now we 'l begin our Remarks on the Norman Line , upon which the very first words of Baker are these , There were six Dukes of Normandy , in France , in a direct Line , succeeding from Father to Son , and yet this Inquisitive Monarch-maker , lays his mighty stress , his weighty Consideration on the single Suggestion of Duke William's being a reputative Bastard ; be it so , have we not here the Majority of six to one , that succeeded , 〈◊〉 , Legitimately , and is not these then , like all the rest of their Objections against the Government , rather industrious Cavil , then real Argument ? or allowing it still , is it not most impertinently applyed to his present purpose , to tell us that William the Conqueror was himself Illegitimate , and yet succeeded his Father in the Dutchy of Normandy ? And therefore must we have another Natural , and Illegitimate Duke to wear the Crown of England ? or was the Suggestion only made because they had such a Duke in Readiness , that had already run the Popular Gantlet of Ambition ; and been sooth'd into the Prospect of a Scepter , with the false Tongues of Flatterers and Sycophants ? or else was the Nomination of the Normans to supersede the Fundamental Laws of our Nation ; And our England a Dependent , a Tributary to that Crown before the Conquest ? these Paradoxes must be reconciled by Miracle before such a ridiculous Instance can pass for Reason , or Common Sense , or vindicate the false suggester from Folly and Impertinence . But even here too his very Assertion fails him , and this Pretender to Truth both abuses his Reader with false Application , and telling a Lye : For this Duke William , tho' a Bastard Born , was not illegitimated , so as to be barred the Crown , and incapacitated for Inheritance ; for it appears , as Baker says by many Examples , that Bastardy was then no Bar to Succession , and by the Canon and the Law of the Church that then obtain'd , the Children born before Wedlock , were de facto truly legitimated , if he afterward espoused his Concubine ; and this his Factious Assistant , Hunt himself allows ; when the Wretch endeavoured to Bastardize the Progenitors of his Sovereign , and this many Writers say was the very Case of our Duke William , whose Father took his Mother Arlotte to Wife afterward . The Donation to William Rufus was again clearly Testimentary ; which might be allowed sure to a Conqueror , whose will only gave what his Sword had gotten ; but however as I observed above in the Legatory Disposition of Canutus the Dane , where he gave his conquered Kingdom to his Youngest , and Norway his Paternal Right to Swayn his Eldest , to whom 't was most due ; so here this Third Conqueror of Old Britain , observ'd the same sort of Bequest , and left Normandy his Fathers Inheritance , and his own to Robert , to whom it appertain'd in Reason and Right ; both these Instances , no small Demonstration , shewing how the Precedency of Blood even in those days obtained ; and with those too whom our Factious Innovator , would have not to value it ; for their giving to any Son besides their Eldest what was theirs by Arms , is no more than what we our selves do now by Laws ; and tho the Fewds now obtain , and Entailments , yet still what 's our own by purchase is unconfined , and not ty'd to descend by Primogeniture ; but at an arbitrary Disposition of the Lord and Purchaser , and which is commonly disposed of too by the Father to some of the Younger Sons ; and a Conqueror that purchases all by Blood , and Wounds , must needs be allowed as much Liberty , as the Miser that obtains it by his Wealth , or a Land Pedler that buyes his purchase for a Penny. But tho this might be a warrantable Donation , yet you may observe ( as if the donor had not been in it altogether Just ) so it never at all prospered with the Donee ; the very Gist it self , like Pandora's Box , was most fatal to those that received it ; a Vice like Virtue is oft a Punishment to it self as that other a reward ; the not suffering the Crown to descend by entail ; entailed what was worse a War , and both Brothers assault the Testamentary Usurper at once ; as looking upon it notwithstanding the specious pretext of a Will , but a plain wrong ; and where this prejudiced Historian , makes this Rufus to rely on the consent of the Nobles , for the Confirmation of his Fathers Will , 't is evident he only called them together , that by Largesses and Corruptions , fair Words , and Promises , he might win them from assisting his Brother Robert , whose Right he feared , notwithstanding the advantage he had by his Fathers Will might make the Game that he had to play more than even , or give Robert the better by their deserting this Rufus . And that notwithstanding all his Artifices they did ; and Odo Bishop of Bayeux leads the dance , and notwithstanding says Paris , that he was their crown'd King , their sworn King , and they must be perjur'd for it , they raised a War against their King William , and set up Robert the First-Born for their King , all declaring the Right belonged to him , and this the Opinion of several of the Nobility , Lords , Spiritual and Temporal ; Persons alway I fancy qualified to recognise a Right , if Religious or Lay-Judges could decide it ; and so well assured were they of the goodness of the Cause that they conspired for it ; rebelled , and were banisht for it success ; not always attending a good Title , no more than it can Justify a bad . And at the last the most unfortunate end of this Testamentary Prince , may serve somewhat at least to discourage the Religious from invading of a Right , tho it may not the Politician ; and for the Injury he did all along to the Right-Blood , Providence seemed to bring upon his head his own ; and sent that sort of an Usurper too , to the Grave with the fate of Tyrants , not with a common dry Death , but in his own Gore ; and he that had held the Scepter , but with a pretended Right by this disastrous Death , gave an opportunity to a perfect Intruder , that had none at all . Henry the first , who being in new Forrest when his Brother was killed , did not stay long to consider the disaster , or to get the Carcass Coacht home , instead of Carted , but rides to Winchester , seizes the Treasure ; and that soon helpt him to put on the Crown : The Purple Robes soon followed those Golden Regalia , and the Power absolutely Usurpt , will irresistibly force a Coronation ; but tho Crown'd he was , a good Author says , who liv'd and wrote then as great men then sent for Robert , promised him his Right , and as resolutely stood by him too , and well they might when he had been debarred his Birth-right once before ; and besides the Right of Blood , had refused his Assignation , his early Pension ; and had compounded for his own Kingdom , which he had so much Title to without the Composition ; But Mat. Paris tells us in the first Lines of this Kings Life , that the Nobility were utterly Ignorant what was become of this Robert Duke of Normandy ; but that when he sent privately to them in England , Letters alledging his being first Born , and that for that very Reason he declared the Right of the Kingdom belong'd to him , assoon as they heard those Allegations of his unanswerable Right , promised him their best advice , and to lend him their Assistance ; which they did too , and Robert came over , forc't his Brother to a Composition for 3000 Marks yearly , and at least , made the Vsurper but a Tributary King ; and all the Argument out of this Reign , that our Elector here fetches for his making our English Monarch a King of Poland , is this Usurpers courting the great Council to confirm it to his Son ; but so would a Cromwell , the Parliament for the Succession of his Son Richard , and sure such Creatures have need to anticipate all sorts of security for their Sons Succession , that have gotten all their Right by Anticipation of anothers , or absolute wrong ; but the parallel holds still between that antient Usurper , and the more Modern I mentioned ; they both felt their Consciences prickt in their unjust obtaining of a Kingdom , they both feared the Judgments of the Almighty , both as unhappy in their designed Heirs , one born to be Drowned , the other to be a Fool ; and as their Fame stunk above Ground , so did both their Bodies before they went under , and Paris tells us the first committed Murder after he was Dead , and poysoned his Doctor before they could get him down into the Dust ; tho he smartly observes this was the last among the many this good King Henry had destroyed . The last remark I shall make on this Mans Reign is , but what this malicious Historian has made very Remarkable , and that is from an Author that he cites , for saying that this Robert had discovered too much of the Cruelty of Disposition , of his averseness to the English Nation , and his proneness to revenge , and this Character must be most Emphatically markt out , that they might not miss of his meaning another Duke ; a Prince to whose Valour and Conduct the Wretch ows his Freedom from a Forreign Yoke , and the Nation her safety and security , and so far does his malice transport the Sot that he falsisies for it the very Latin he translates , Perversus , contrarius et Innaturalis : He makes cruelty of Disposition , and for Proneness to revenge , not one Syllable in the whole Citation , and then besides the words of the Author he cites are the same verbatim , which this Henry the first used against his Brother , when he makes a Speech to his Nobles , to make him odious , from whom this Author I believe borrowed it , and his as meer revgene ful malice to the Duke of York , as that against Robert the Duke . It is here evident that this Gentlemans Principles and Perswasions are clearly Democratical , and writ with a perfect design to please the People , as plain as if the rabble beast , the Monster Mobile were seen sawning upon this KEEPER of their LIBERTIES , and you saw the Sycophant spitting in its mouth ; his Papers are the very Picture of this piece , and the Representation of Rebellion with a Pen. The next that Mounts the Throne is STEPHEN , and the little Right ( tho some ) Relation he had to the Crown , to be sure won't be past by : when this Author for the sake of his sinking Cause , has caught at every Plank to hold up her Head in that desperate Condition , and where he could not meet the least solid substantial Argument , graspt at every empty Shadow ; And truly here he tells us , that STEPHEN acknowledg'd his Election in the very Words of a Charter , from the People , and so would any man that had no better Title ; and tho I shall condemn his Usurpation , can allow of his Politicks , in letting them know how much he was beholden to them , and yet that People were strong enough to pull off his Crown too , which his own hands rather had put on ; for as Bradshaw told the King , The People of England had constituted them a Court , when that unanswerable Martyr observed not half their Consents did concur , or were askt ; so also in this Case , many of the Nobility , most of the Commonalty lookt upon it , as a manifest Usurpation , and those whose Concurrence he had , were but an handful of his Friends , and at his Coronation had but three Bishops , few of the Nobility , and not one Abbot , and also , as Historians observe , those very perjur'd Prelates , and Lords came many of them to an ill-end , or else to worse Calamities before their life was ended . And the revengeful Cruelties of the Scot lookt somewhat like a Judgment for their Perjury ; when they spar'd neither the Gray-Hair , for whom Reverence might plead , nor the Tender-Infant for whom its Innocence , but Butchered the one in their Beds , the other on their Mothers Breasts , the Barbarity of those avengers is as horribly describ'd in Mat. Paris . But agen , I cannot see why he was not as much an Invader , as his Grandfather the Conqueror , only that came from Normandy , this out of Boleign , that was forct to fight , first with Harold an hardy Foe ; this his Invasion facilitated by the Weakness of a Woman ; but as weak as she was , He knew her Title to be strong , and as strong as this Author would have him with the People , yet he found himself too weak , only with the pretence of his Election to defend his Vsurpation , found an Army of Flemmings would give him a better Title to the Crown , than all this Power of Parliament to the Peopledom , and that a good Garrison would hold out longer in his defence than our Authors House of Commons ; and in truth his being so good a Souldier would not suffer him to be long a precarious King , an hundred thousand Pound of the good old Kings Treasure , did him more good than all their suffrages ; it brought Men and Arms out of Britany and Flanders , and built so many Castles for those sort of Monarch-makers , till the whole Kingdom seemed all over but one CITADEL , and all its Government but an entire Garrison . Yet as secure as he thought himself both in Subjects and his Strength , the prevalency of Right and Justice soon encompast him with as many Dangers : His Nobility begin to be incensed against him , and that out of a sence of his having injured an Heir ; The provok't Empress Lands with a strong party , and her presence soon proclaimed the Justice of her Cause , and made that Oath they had swallowed for her , without any Operation or Effect , to work , now as strongly ; a pitcht Battle and a fierce one too is fought ; his Souldiers forsook him at last , as well as his People , and he forc't to sight so desperately , for a cause that was ever as desperate , till himself is taken a Prisoner , by her from whom he took the Crown ; and tho she brought a War for her Right , was received peaceably , entered Her Capital City in Triumph , and by her Loyal Londoners welcom'd with Acclamation and Joy. And pray what was the Consequence now of this debarred Right , but what always attends it , BLOOD ; the Scots had with a Savage sort of a Revenge shed some for her before , she spilt a great deal before she came to this , and before the ground which had drunk so much Gore could be said to be dry , at Winohester 't is moistened with a fresh supply , and that too with a War of Women ; MATIL'D the Queen invades Maud the Empress , the worst cause , as it is wont , ( prevails best ) and here the Right Heir is again driven from the enjoyment of her Right , by that which commonly does it , the SWORD ; and then at last after all the various events of WAR , which whatever the Fortune be , must still end in the loss of Lives ; that Just Astrea which then too seemed to have left the Earth , and upon it nothing but wrong look't down from Heaven ; this fierce King in fuller Assembly than in what he was chose , acknowledges that Hereditary Right against which he had fought , and Henry in the Right of his Mother Maud to be the Lawful Successor . And one would think now this succeeding Monarch's Right should have been allowed Hereditary beyond dispute , beyond Contradiction , when so much Blood had been spilt in the Defence of it ; when acknowledged so by this Popular Advocates , own People , and before them owned too by him that had interrupted the Succession , and excluded the Right and Lawful Heir . But what cannot Malice suggest , or Faction invent ? till this transport against Government ; this rage of Rebellion suspends the calm Operations of the Soul , and the dictates of common Sense , till it hurry these blind Pretenders to verity into the greatest falsehoods , transports them into perfect Lyes and Absurdities , and to labour even against the Contradictions of Truth and Reason : Here he still impudently tells us against plain matter of Fact , the Confessions of his own Creatures the People , and the Acknowledgment of his own Favourite the Vsurper ; That in all these Transactions there was no Consideration of any Right , but what universal consent conferr'd . And his Exception to our Henry the Second's Right must also now result from his Mother Mawds Title before ; I am glad we can get him to tolerate any such thing , as Title at all ; but I would ask this Gentleman ( if he has any thing to dispose of , ) whether he might not cedere de bonis , as the Civilians in another Case Phrase it , only for the letting his Successor and Heir Inherit it , or whether upon such a Cession , or making it over , his Son should not succeed into this Patrimony , till he had knockt his bountiful Father in the head , or he was pleased to step aside into the next World , to let his Successor have more Room in this . I fancy he would be glad such a Resignation might pass , without an Attournment of his LIFE too . Maud the Empress was sufficiently pleased only with the Succession of her Son , and as Writers say , quitted her Title too , which was apparently acknowledged in letting him succeed . Is the Mothers Right ever the less , when the Son does succeed in her Right , and is there no Difference between altering a Succession , and a refusing to succeed ? Matt. Paris makes her live thirty years after Stephen's Death ; time enough to have resented her wrong , if she thought she had sustein'd an Interruption of her Right , and she must be supposed to be willing to consent to those Conditions of peace , being all concluded with her privity , and she having suffered sufficiently with a troublesom War in England , went over to Normandy for Peace . This Henry knowing his Right to the Crown was resolved to secure the same Right of Succession to his Son ; and this very endeavour for a Lawful and a Lineal discent , does this perverse Author turn into an Argument for Election , and because he only called his Barons Bishops and Abbots to let them know he would have him to be secured his Successor , by making him a Copartner in the Government , and to prevent his being wronged after his Death , was resolved to see him enjoy part of his Right in his Life ; therefore from these fine Premises he draws this Illogical Conclusion , that he was elected by their Consent , and when from Gervas himself whom he Cites it appears , they were by the Kings express Command call'd to his Coronation ; and Paris says 't was at his Summons they came to Crown his Son , and by his Fathers own bidding ; and if this solemnity shall make our Crown Elective ; since the Conquest we have had none Hereditary , and our Kings must never suffer any Nobles or Commons at their Coronation , for fear of such Perverters making it a Parliamentary choice . But if any thing could be condemned in this unhappy Solicitation for his Sons security to succeed , 't was only in making him a King before he came to be a Successor , by defrauding himself upon a sollicitous distrust , of part of that Divine Right , when he was by God entrusted with the whole , and making his Son to Anticipate that by his forwardness , for which he should have waited the Almighty's leisure : The Nature of Monarchy being inconsistent with a Duum-Virate , units may be as well divided ; And the very Etymon of the Word contends for the sole Soveraignty it expresses . And the very sad effects of this contradictory Coronation , were the best Evidence of its inconsistency , and verifies the Latin Aphorism of the Tragedian ; that the Crown cannot admit of a shareer or competitor no more than the Bed , the making himself but half King , was like to have lost him the whole Kingdom , and almost made him none at all , they soon animated the young Monarch against his Old Father , and let him know that 't was absurd for any one to be called a King , and to have nothing of Government that is essential to it in the Kingdom . Daniel calls it the making the Common-wealth a Monster with two Heads ( and what then must it be with many ; ) but withal tells us 't was only the effect of jealousie that this King feared from his Mothers Example , and that some of his false Subjects might also break all Oaths of Fealty to his Son , ( as well as this perjur'd Author has that of his Allegiance to his Sovereign , ) and I believe this alone made this King so carefully Praecipitous , as to prevent the Expiration of his Reign , with an Anticipation of the Grave , and a Resignation of his Rule , with a POLITICAL DEATH ; for this Crown'd Son was soon by LEWIS of France embolden'd to that insolency from having the half , that in plain Terms he demanded the whole , and what the too bountiful Father had no Reason to grant by fair means , the ungrateful Son resolves to obtain by foul , sides with the King of France , and many of the divided Kingdom with Him , and are all in Arms ready for Ruin and Destruction ; neither did they lie down their Swords , till it ended as all Alterations in a Monarchy , in BLOOD , and the Coparcenary King shortly after , his Life ; but a little before reconciled to his too provident Father . I am sure this shows even the Participation of the Royal Power dangerous , tho by those that had Right to Succession ; and if such an Alteration in the Government can prove so fatal , much more then an altering the Succession it self , and if a Crown can't like a common Conveyance with fafety be made over in trust ; I dare say 't will be less secure to cut off entail . The next Reign that we have Reason to reply upon , is that of Richard the First , and with that his irrational Inferences have dealt as unreasonably ; for he there by his own Confession has no other Authority for his Election ( as his own words have it ) but the words of his Historian , and yet this very Historian , whom he there most impudently traduces and abuses , acknowledges his Hereditary Right to the Crown ; by which he was to be promoted ; before ever he tells you of the solemn Election of the People ; which beyond contradiction confirms what the Worthy Dr. B. has as significantly suggested , that the common acceptation of Election amongst ancient Authors , imply'd nothing less than what our factious insinuators apply it to , and that they meant nothing else but Confirmation or Acknowledgment ; for first , would such a Learned Authority as he cites , only labour under a learned Contradiction , and tell you such an one was promoted for his Hereditary Right , and then in the very subsequent words declare it was by solemn Election : Certainly such Immortal Authors could never wage with Sense and Reason a Mortal War ; and he himself is so favourable to their pious Memory , as to omit all the seeming Contradiction , because not reconc leable to his prejudic'd Interpretation : and when Historians tell you of any thing of Election , ( which he would have popular , ) be sure he omits what ever they say of Hereditary Succession before ; so has he done here : so in most of the Citations elsewhere . And next also he tells us , that his Father had gotten the Succession confirm'd to him in his Life . Of which many of our modern Historians are totally silent , and afterwards that he was again Elected by the People , of which in his sense , none truly speak : nether is it reconcileable how they shou'd twice solemnly choose him for their King , when even in Poland it self once will serve : but besides , before his Solemn Coronation , ( or as he wou'd have it ) his popular Election , immediately after his Fathers Funeral ; without doubt upon the consideration of his Hereditary Right , he exercised as he might well do , and as has been since resolv'd any King of ours may , an absolute Power of a King before this Solemn Ceremony of Coronation ; for presently he seizes upon his Fathers Treasure in France , Imprisons , Fetters , Manacles the late Kings Treasurer to extort the uttermost penny . I think such a severe sort of absoluteness , as they wou'd not now allow our Crowned King : He is there girt by the Arch-Bishop with a Sword ; takes fealty both of Clergy and Lay ; makes a Truce with the King of France , and all this before ever he came into England to be Crown'd or Elected . And shou'd we yield to this perverse Imposture , the signification of his word for which he has so long labour'd , yet all this while we find his very People more willing to Elect him that had an Hereditary Right , than a spurious Invader that had none at at all , and did actually Confirm him in his Succession : unless the more powerful Usurper terrifi'd them from their Loyal Intentions , and truly the mistaken Gentleman might have as well prov'd that he was the third time Elected too ; when after his Imprisonment that he suffer'd from Henry the Sixth , the German Emperor , after he came home , and had held a Parliament at Nottingham , he was again recognis'd for their King , and Crown'd at Winchester . But what can be better Evidence of the precedency that was allow'd to the nearest of blood in a Lineal Descent , then this Princes Care he took in appointing his Nephew Arthur to Succeed him , tho he had a Brother of his own , to whom he had shown a liberal largess of his Love when he began to Reign , in bestowing on him no less than half a dozen Earldoms , a good part of his Kingdom : Certainly this Earl John was nearer to him in Blood and Affection , and then what cou'd move him to this Testamentary Disposition , but the more nearness of the other to the Kingdom and the Crown ? But in spight of all Adoption and Right , JOHN as great an Usurper as any , laid hold of the Scepter and held it too , only as some of our Tenures in Law , by primer occupancy ; he had his Brothers Army in the field , and that was then enough to have made a King of a Cromwel an Hewson , a Brewer or a Cobler , powerful Arms that filence any Law. But still the Nobility were for maintaining the Right of Succession in Arthur , and as they call'd it the usual Custom of Inheritance ; most of his Provinces in France stood firm to him , and so did the King of it ; and had Fortune favor'd him , upon whom for the most part it frowns the Justest pretender , he had not been made a Prisoner to his Uncle , to whom he was a King ; and been murder`d by him after the Siege of Mirabel . But the Barons rebellious Insurrection soon aveng'd the Barbarous Butchery , and but bloody consequences here too attended the Debar'd Right . He is forsaken of all his People ; and the French Kings Son a perfect Forreigner invited in for a King ; and his end at the last as unnatural , as the death he gave to his Nephew . And here upon the Coronation of this intruding King John , the factious Historian rehearses the Clause of Hubert the Bishop of Canterbury's Speech , that declar'd the right to the Crown to consist only in the Election of the People ; but disingenuously omits the very reason of the self same Prelate ; who when he was pincht with the Interrogatory why he would preach up such pernicious Principles , own'd it more a Design of Policy , than the Sense of his Soul. But to give him a perfect Rowland for his Oliver , he will find in the Life of Richard the Second , a better Bishop , making of a more Divine Speech ; and asserting the Right of Succession more 〈◊〉 than ever this designing Metropolitan was able to confute . But that worthy Prelates Doctrine did no way countenance our Authors seditious Observations ; and so directly different from his Huberts Harangue , that he might well pass it by without reading , and which must certainly have 〈◊〉 him into Blushes to have read . Henry the Third , a Prince too young to know his Right , much less to be able himself to take Possession of it ; was presently upon his Fathers Death Crown'd King. Certainly upon the Consideration of his Hereditary Right , or the Testamentary Donation of his Father , whom Paris says he appointed his Heir as his First-born ; made the Kingdom swear Fidelity to him , sent his Mandatory Letter under the Authority of his Great-Seal , to the Sheriff's of the Counties , to the Keepers of his Castles , that they shou'd all be intent upon the Business ; and upon his death they show'd themselves as ready to perform it ; and what can the most factious Pen make more of this than an Acknowledgment of Hereditary Right ; especially when the same Author in the beginning of the young Kings Reign says ; they only came together , to Exalt him to the Throne of his Father ; and not one word of their Suffrages or Election : therefore what could not be proved from matter of Fact , must be suggested with an Innuendo ; and because the good Earl Marshal in a perswasive Speech exhorted them to adhere to their lawful Sovereign , it imply'd the Consent of the People requir'd : if such an Assent shall make the Kingdom Elective , 't will be hard to proveany Hereditary ; for all people that do not actually Rebel and Oppose , must in that sense be said to Consent and Elect ; and when ever our Kings are Crown'd , 't is so far with the Consent of the people , that they do not interrupt the Coronation . But can he prove in any of his pretended Elections , much less here , that ever in England they balloted for the Crown , or drew Lots for the Kingdom ; that they had ever any certain number of Electors as in Germany , or carried it by Majority of suffrages as in Poland ; ' tho I believe some of them would make no more of his Majesty than a Bourrought Representative , or a County Knight , and 〈◊〉 allow him the Freedom of a Pole. But with what face can he urge it here , when the whole drift of Pembrokes Oration was only to satisfy them the Succession belong'd to the Son , and that the French Usurper Lewis would be the ruin of the Realm ? which Speech was so effectual too ; that several of the Principal of the Barons not withstanding that open hatred to his Father , in spight of Obligation of an Oath to Lewis , they still thought their Loyalty , and Allegiance more obliging , and revolt from the French-man : till all at last , deserted of all , he abjures his claim and the Kingdom together . After he had been first routed by Land at Lncoln by Pembroke the Protector , and his fresh supplys at Sea near Dover , by Hubert the Gouernour : And the bold Speech of that stout Souldiers , to this powerfull Prince , when he demanded Dover on the Death of King John , was a better Evidence what sense the people had of a Lawful 〈◊〉 , than he from the Marshals can evince that he succeeded by Election and against the Laws of Descent ; and all that he can pertinently draw from the Protectors Oration , is , that an Infant King did not speak for himself . But if ought be a blot in his Succession , 't is what this praejudiced Historian I am sure does not care to Hit , and that is the weakness of his Fathers Title that forc't him to strenghten his Sons with a Donation : And Elenor the Sister of his Cousen Arthur who had a Stronger right , did not dye in five and twenty years after he came to the Crown , and was kept continually to her dying day in a close Confinement ; so strong a tide was the proximity of Blood thought then , even by those that were the perverters of its Channel ; that it would bear all the force of its foes before it , unless Bay'd back by as much force and violence ; and we have found in some of our own Reigns , even that too little , a well guarded Prison , too weak to hold a Legitimate Prince , and that from thence too they have Mounted the Throne . To the Succession of his Son Edward the first , one would have thought all his diligent malice or the Devils could never have afforded an Objection ; for it seems he can't find so much as his own old dear word Elected , here amongst his abus'd Authors ; but another False suggestion must supply the defect : And where his Trope of Inversion can't pervert the Truth , another part of Rhetorick must serve the Turn ; Invention , and a Lye : for so is that which he would have us believe , that his Second Brother Edmund was the First ; ( And truly I believe he could Invert the Course of Nature too as well as Blood , would it serve his turn ; ) and this we must take for unquestion'd Authority from the pretensions of the House of Lancaster that descended from him , and say he was only rejected for his Deformity ; truly were there nothing to refute it but only their pretentions , the prejudice and partiality of the Pretenders were sufficient to render it suspected ; which aspiring Line Labour'd as much in its Genealogy , as ever any Welsh Gentleman in his Pedigree : But the best of it is , matter of Fact contradicts it , Historians deny it , and none but himself would assert it . It Appears from Paris that this primitive Lancastrian was no less than Six years younger . And he an Author that Liv'd in the same Reign and resided in the very same Court , and says that the Londoners swore Allegiance to the First-born Edward but a year old , and then before the Second was so much as born . And for his deformity that he only gathers from the shallower Argument of his Name being Crouch-back , which as Baker observes , was rather from his wearing a Cross upon his Back , and this I look upon as better Authority then Buck's in the accomplishment and polishing of Richard the third , and the cleering of him from his crookedness ; and yet I believe our good Natur'd Historian will readily credit that , because spoken in commendation of a Usurper , a Tyrant , and a Murderer ; and one that came to the Crown , as he will have it , by the consent of the People , tho this of ours must by no means be believed , because it no way makes for his purpose . The last was but little , and now the next Reign is as much for the Gentleman's purpose , and that 's a Rebellion of a Parliament , an actual Deposition of the present King , and the Murdering of his Sovereign , and of that , he makes as good use too , as if he designed not only to transmit it with his Papers to posterity ; but with his Pen for the present Age to transcribe it into Practice , and what the Devil himself would have condemned in an History ; has this Impious Wretch made a damnable President : It must be his Design , from the Season of its Publication , from the Proceedings of his Parliament , and from the subsequent Discoveries , the whole piece was nothing else in every Paragraph , but a Vindication of the Parliaments Power over Kings , and here in this he has made the Deposition of his King , like their ordinary Proceedings warrantable by President ; why did he not tell them too , Painted Chamber Monday the 29. ordered a warrant be drawn for Executing the King in the open Street before White-Hall . Sir Arthur Haslerig Reports from the Committee , that Charles and James Stewart , Sons of the late King should dye without Mercy wheresoever they should be found . And he had certainly brought down his History to this too had the Times been but black enough to bear it ; for the subsequent sacrificing of Richard the Second is as much his popular Theam ; his Power of Parliaments , and his Election of the People : He tells them their Ancestors were weary of this Kings Irregular and Arbitrary Government , and the malicious Wretch found some of their present Posterity , as uneasie under a mild , and merciful Reign ; he tells them their Parliament publickly read a Paper containing Instances of the Kings Misgovernment , and concluded that he was unworthy to Reign any longer , and ought to be deposed , and sent to him to renounce his Crown and Dignity , otherwise they would proceed , ( that is , to do it for him ; ) but I think his piece was overseen , that it did not tell them too of another Paper as Bernardiston told them at the Bar , that was talkt of in Parliament , about too , The Encroachments and Vsurpation of Arbitrary Power , of following such Orders as shall from Time to Time be received from this present Parliament , or the Major part of the Members , when it shall be Prorogu'd or Dissolved , and obey such Officers as they shall set over us , Certainly his making this unfortunate Edward's Deposition a Parliamentary President has unmaskt our Treasons Historiographer , superseded even with men but of common Sense his designed Impositions , registred himself an inveterate Traytor with his own hand , and Chronicl'd his lasting Treason to Posterity , which will blush at the reading of those Villanous Infinuations , which his most Licentious Pen could Publish without ; 't was then in that Kings Reign too , as appears in their Ordinances they made , the Tumultuous and Rebellious Barons ; ( for the Commons were then not so considerable as to raise a Rebellion , ) upon the Pretence of Gods Honour and the Church ; the Honour of the King and his Realm ; made 〈◊〉 to remove evil Councellors , reform the Court , and to force the King to let them name all the Judges of the Bench , and the chief Officers of the Crown ; how near they then agreed with some of our late Transactions , and how well those have been copy'd since , I need not observe . And that the Narrative the Author of this piece presents to the Parliament was offered only for the Designs I have suggested , appears also from this Instance , being no way pertinent , to what ought to be the right purport of his History , whose Subject should have been but of Succession ; But that he found was not to be disputed here in this Reign , it being Hereditary beyond Contradiction , and 't is now an unanswerable Confirmation that those who are so much for altering the discent of the Crown , are as much for the deposing of him that wears it ; 't is now an attested Truth under their own hands , and they must give themselves the Lye to confute it . But whatever were the pardonable faults of this unhappy Prince , tho our Law say , A King can have none , much less be punisht for it , when he can do no wrong : The greatest that Daniel condemns was his mighty favouring of his Minions , Gaveston and Spencer's , in Opposition to his Barons , ( and must it be criminal to a King to have a Friend ? ) But however in his History calls it the first Example of a deposed Prince , no less dishonourable to the State than to him ; 〈◊〉 calls the Bishop of Hereford , that then was busied in the Resignation , but a Mischievous Embassador ; and pray what was the Fate of those that were the first Leaders of the Rebellion , and the most mutinous . The mighty Duke of Lancaster was by his own Peers condemned to be Hang'd and Quartered , and was only Beheaded , and several Barons besides , and afterward Mortimer the Queens own Minion and Favourite , was impeached in Parliament of Edward the Third , for making Dissention between the late King and Queen ; for murdering of his Sovereign , and accordingly was drawn , Hanged and Quartered for it with several of his Adherents . But as Unanimous and as Clamorous as they seemed for his Deposition , the greatest Contenders for it as some of our Historians affirm , lamented it with regret when it was done , and Stow tells us , that when the Queen understood her Son was Elected , she seemed to be full of sorrow , as it were almost out of her Wits , and the Son lamented too , and swore , that against his Fathers Will , he would never take the Crown . And after all , what succeeded this most unjust Deprivation and Imprisonment of a King but what still is its immediate subsequent , the Barbarous Murder ; this was verified in the following fate of King Richard , this was the unfortunate Consequence of our late confined Martyr ; Mattrevers Iron soon followed the firsts Imprisonment in Corse and Berkley Gastle ; Exton`s Poll-ax as quickly dispatcht the Second at Pomsret , and the Block at White-Hall too soon attended the Confinements of the last Martyr in Carisbrook and Holmby , confirming even with his last breath , and verifying in his latest Blood this too fatal Aphorism ; that a Death soon follows the Deprivation of a King , and that there is , ( in his own words ) but a little distance between the Prisons , and the Graves of Princes . And now the next that enters this Theater Royal , is Edward the Third , a Son too forward to accept of a Crown , before 't was his due ; But notwithstanding this Rebellious Instance he hath given , not so formally chosen , as to make the Kingdom Elective , for their very chusing of his Son , and that the Eldest , insinuates that in spight of their obstinate dissobedience , their resolute Rebellion , they were still toucht with a sense of right , and priviledge of Primogeniture , and the small remainders of Majesty , the bare Right they had , left him , awd them so far , as to think it necessary to palliate their too open villanies , with the formality of a Resignation , neither would the Son accept it , neither was he proclaimed , or Crown'd , till his 〈◊〉 had resigned ; and let the bold audacious force they used for it ; lie at their Door that vindicate it ; his resigning entitled his Son , and he had a sort of Right in Civil Law besides Hereditary , pro derelicto . Here 't is pretty remarkable , the fine sort of Observation he makes on the Bishop of Canterbury's Text ; vox Populi , that it was the voice of the Almighty too , and impiously upbraids the sacred Dust of their own Martyred Lawd ; for placing a Divine Right in Kings , when some of his Predecessors had so well lodged it in the People ; but did not the Impudence of his Brow almost exceed the villany of his Heart , his Conscience as hard as his Fore-Head , or both ; he could never thus inhumanely reflect on him , whom they butchered too , as barbarously , and that with such a Reflection , that flies in his own Face , when the very Opposers of this pious Praelates Opinion , verifyed afterwards his Prophetick fear , and by the placing this Divine Right in the People , sent assoon his sacred Majesty to follow the Praelate . But can ever Wretches show more industrious Malice towards the Government , when they shall close with the Doctrines of their worst of Enemies , and which they would be thought so damnably to detest ; to do it an Injury , cite you the Authority of the most Zealous Catholicks , when it will make against the Monarchy , yet baffle , and burlesque the very Bible , when it makes for it ; the malitious Miscreant knows the Clergy then were all bound by their Oaths , besides their Opinions , to be the Bigots of Rome : He knows the Popes supremacy , then would not admit of the Kings : He knows the pleasing of the People , was then the best Expedient for the promoting the Pope , that from them came all the Penny 's , that paid them for their Pater-nosters , and that this beast of Babylon , ( against which our Zealots pretend too as much Brutal rage ) then only trampled upon the Necks of Kings , not only had Her stirrops held by them ; but rid upon the very backs of Princes , and that only because the poor People were so Priest-ridden ; would he have had that Popish Prelate preach to them the Kings Supremacy , told them he was not to be toucht , because jure divino ; when themselves make it the Doctrin of their Church to dethrone them ; certainly such Sycophànts dissemble when they cry up the Reformation , that rely so much upon the Religion of those times before they were Reform'd . The Bishop , as he thinks , having now pretty well asserted the Peoples supremacy by making them Divine ; he brings in as prettily Polidore Virgil , proving them to be all Princes , so that we have now but one Subject left , and that 's the King ; but by his leave the Governments bark must be wrackt in a Rebellion and a storm , before they can come to Reign like so many Trincaloes in the Tempest : The Gentleman sure read Shakespear instead of Virgil , and thinks our Isle enchanted too ; but to be serious in matters of Blood , and Right , and that when both Royal , could any Person of sober sense be so simply sollicitous , as from an Author forreign , unknowing our Constitutions , calling some of our Subjects Principes to suggest their Supremacy , their Superiority ; we know as well as he , what he means by it , or what he must mean , that they were some of the chief of the Realm , and will that make them Rulers too : the Latin Idiom sometimes applies the word Princeps , to subordinate supremacy , as well as to those that are sole Supream : But even the Authority that he cites for this silly Suggestion , and others ; P. Virgil himself is sufficiently secluded from being Authentick by Sir Henry Savill . The next Factious Insinuation that follows , is that John De Gaunt , this Edward the Thirds fourth Son ; but the Eldest surviving , disputed the Succession : But this , as a Learned , and Loyal Author observes , so far from Truth , that he was at the latter end of his Fathers Life , made Lieutenant of the Realm , and Protector of it , during Richard his Minority ; certainly had his Competition come in Question , they would have been but dangerous Trusts , and against the Laws of all Nations and our own ; for the Civil takes sufficient Care for the removing of all suspected Tutors , and our Common ordained upon the Lord 's loosing his ward , for disparagement , that the wardship of the Heir should never go to the nearest of kin , but to the next to whom the Inheritance cannot descend : Daniel says King Edward , purposely to prevent the disorder , and mischiefs that attend the disordering Succession , setled the same in Parliament on Richard , lest John of Lancaster should supplant him as Earl John had done his Nephew Arthur , and this disingenuous Creature perverts the fear of Supplantation into a dispute of the Succession ; and Stow tells us of nothing but his being made Prince of Wales on his Brothers Death : But this Uncle proved a better Keeper of the King in his Protectorate , than this John or Richard the Third , had but the Poor Princes Subjects kept their Faith too , and not given 〈◊〉 : perjured Author another Instance for the renouncing his Allegiance , and a second president for the deposing of his King. And here since this Historian has already cited two or three Popish Archbishops , for the Countenancing of his Puritanism , and the Doctrine of Bellarmin for the Counterpart of Buchanan , conspiring in a perfect Harmony for the Deposition of their Kings , and their Murder ; I 'le tell him of another Canterbury too , that blew the Trumpet to the dethroning of the next King , and the sacrificing of his Sovereign upon that Altar of his Lips. For the first thing that the first Usurper attempted , that aspiring Prince when he landed , was the causing of Arundel , then the Metropolitan , to preach down King Richard ; the Prelate had ready a Bull procured from Rome , promising Remission of Sins to all those that should aid the said Henry , and after their death to be placed in Paradice ; which preaching as our Author says , moved many to cleave to the Duke : but this Popish Puritan knows our Bishops and Divines since the Reformation have taught him better Doctrine ; and he licks up the very Poyson of his deadly Foes , only to spit the venom , in the Face of the Government . But with what face can he tell us of a Parliament , here drawing up a Form of Resignation ; which was just as much a Parliament as their late Major part of Members that were to be obey'd in their Association : An Invader , Usurper and a banisht Subject takes upon him in the name of his Sovereing to Summon it ; and so did our late Rebels , fight and fire at his Majesty : but still with his own good Leave and Authority , this Convok't that Parliament , as Cromwel secluded his , with an Army at his heels ; only those had secured their King in the Tower , these in the Isle of Wight ; and shall these their Journals of Rebellion , make up a Book of Presidents ? Is such a fellow fit to breath under a mild Government , that calls for Blood , where there is so much Mercy ? that Recommends to your reading an Impeachment of his King , and refers you to the Charge , and Articles that were drawn up for his Deposition , as a worthy Subject and well deserving to be read : Why did he not tells us too ? as well deserving to be imitated , Jan. 20 , 48. The Sollicitor Cook presented the Charge against CHARLES STEWART Engrost , ordered that it be returned to him to be exhibited . Preposterous Lump of Law and Logick revers'd ! that prints himself the Contradiction to common Equity and Reason ; can such a Body Politick justly convene it self , only to Rebel against its head , and to take away that Breath from whence it needs must have its being ; and can those Laws be made to conspire his Death , from whom themselves acknowledge they receive their Life ? But as to the matter of Fact it self , you shall see what Sence some of the Times had of it : The King of France was so sensible of this Injurious Proceeding , that it ran him into a fit of Frenzy ; Richard being related to him by the Marriage of his Daughter , he acquaints his Lords with his Resolution of Revenge ; and they shew'd themselves as ready to take it too , but were prevented here in England , by their taking away his Life ; which made them desist , not able to serve him after his Death . This is but an Evidence how the Villany was resented abroad , and you may find they were as much upbraided with it at home , and that to their very face , when a Parliament was sitting , and their Usurper on the Throne , by the Loyal Prelate of Carlisle ; whose Memory may it live as long as Loyalty can flourish , or our Annals last : so solid and 〈◊〉 were the Suggestions , so significant the Sense of this pious Soul , that it silenc'd all the Senate that was sitting ; and nothing but the prospect of some private or publick Favor and Preferment hindred their Conviction : their King was cool enough in prosecuting of his bold Truths , being scarce warm in his own Government ; yet at last upon Debate , and Consultation ; they confin'd the bold Bishop for a while , for the Liberty that he took ; and could only condemn his bold Indiscretion for shewing them so much the badness of their Cause . Hollinshed tells us this poor Prince was most unthankfully us'd of his Subjects . In no Kings days were the Commons in greater Wealth , or the Nobility more cherisht : how near some of our pamper'd Jesuruns that are satten'd to rebel ; confirm the danger of too much Luxury and ease ; the present fears from their experienced Attempts can best attest . But the fatality that befel that unhappy Prince , affords us the best politicks for the prevention of the like Fate . And now for his Henry the Fourth , he is forc't to 〈◊〉 for his depending on the Parliaments choice , when in that was his least Relyance ; for as little as he makes of his claim from Henry the Third , it is apparent from some Rolls of Parliament , that he challenged the Realm upon that account , and the Lords were interrogated what they thought of that claim ? upon which without delay they consented he should Reign , and as another Evidence of his Right to Rule , shewed them the Seal of King Richard as a Signification of his Will that he should fucceed him ; but that which for ought I see he lay his greatest weight upon , was but what all Usurpers must most relie on , the Sword , and he himself assures them just after the Sermon was ended , at the time they consented to be his Subjects , that he would take no advantage against any Man's Estate , as coming in by Conquest , and Conquest is one of the first claims he puts in at his Coronation , and as Haward relates it in his Life , not the least mention of his being elected is there mingled with his Claim . But neither did the success of a prosperous Wickedness Countenance this Usurpation ; for he was soon made sensible that a Crown seldom sits easie on that Head , where it has so little Right to sit , and indeed before it could be well setled , his Lords conspired against him at Westminster , set up Maudlin the Counterfeit , send to the King of France for assistance ; Glendour stirrs up the Welsh to rebel ; the Nobility fell from him , drew up the following Articles against himself , viz. for having Articl'd himself against his Sovereign ; for having falsified his Oath in medling with the Kingdom and the Crown , for taking Arms against his King , Imprisoning , Murdering Him ; that he unjustly kept the Crown from the Earl of March , to whom of Right it belonged , and vowed the Restoration of Him , and His Destruction ; and our Author now shall know these too are Articles as well deserving to be read , and one thing more that deserves as much Observation ; that this his good Peoples Election , was the prime Principal Cause of losing of Millions of Lives , and an Ocean of Blood ; here entred that Line of Lancaster that had almost left the Nation Childless ; the Nobility and Gentry that escap'd the Sword , were still by the prevailing Party chopt off or gibbited , and in the space of about thirty year and somewhat upwards , they dreined more Blood in England , then e're was spent in the Conquest of France , or would have been spilt had it been again attempted , and that too never have been lost by their Henry the Sixth , had it not been for an altered Succession , and an injured Heir , and the Bloody Consequences of a debarr'd Right . And now at last , he is forc't to allow an instance of a Prince , that succeeded without the least shadow of Election ; and that in Henry the Fifth , to whom himself owns they swore Allegiance without staying for his being declared ; we are obliged to him for this fair Concession ; but this Kindness is only because he finds it as clear as a Postulatum in the Mathematicks , beyond his own Impudence to contradict ; but however , he must malitiously observe that it was a thing strange , and without President , and why so ? because his Polidore tells him , such an extraordinary Kindness was never shown to any King before ; t is strange that his Italian should understand more of our own Government , than all our own English Authors ; 't is no wonder sure , if he that was a Stranger to our Affairs , should Write as strangely of it , and make our Mighty Monarchs of Britain , no more then some petty Prince of his own Italy , and as Elective as their Duke of Venice : But this perverse Gentleman shall know it was not without President , and that by several Instances . And first Richard the First presently on his Fathers Death without staying for their suffrages , seised on his Father's Treasure , was girt with the Sword of the Dutchy of Normandy , took fealty both of Clergy and Lay , and exercised all the Authority that Sovereign power cou'd allow before he came to be recogniz'd by their Suffrages , or to his Coronation . 2. Hoveden's Account that he gives of King John's coming to the Crown , which as some Writers say , is the extant , says they swore Fealty to him when he was out of England , without mentioning any thing of Preceding Election ; and he had his better Title , his Brothers Army then in the field ; by which he cou'd have made himself soon their King , had they not been so ready to receive him . 3. Upon the Death of Henry the 3d. the States Assembled at the New-Temple , and proclaimed his Son Edward King : when they knew not whether he was living or dead ; swear Fealty to him , and cause a New-Seal to be made . Here sure are some presidents of Allegiance before their Election , unless he 'll make Declaring or Proclaiming to be so ; and then in Gods Name in that sense , let them as he contends for be Elected ; for I think all will allow they are proclaim'd . But suppose on the death of a Predecessor there was no convention of any of the Nobility or Commonalty ; for Parliaments they then can have no Existence when the Breath is gone that gave them Being ; as all other Communitys , are de facto dissolv'd . If , I say , there were none met to Declare or Proclaim his Succes must the common Maxim be contradicted and the King dye too , for want of their Popular Breath to give him Life ? or do our Laws admit that this interval between his Predecessors expiration and the proclaiming or crowning his Successor shall be call'd an Interregnum ? they know the Constitutions of our Government admit no more of this than an Exclusion . They know that immediately by Descent King James was declar'd to be completely and absolutely King , and that by all the Judges of the Kingdom . I know the Kings Successor is always immediately proclaim'd upon his death ; and that perhaps is more for the proceedings of judicial Processes ; and that Writs may presently run in his name : But were such a Proclamation obstructed , I am satisfi'd he commenc'd an absolute King upon the very Minute of his Predecessors Expiration ; and if the Law Maxim won't allow an Haeres viventis ; there can be no Heir at all , if he begin not to be so presently upon his Predecessors Death ; and for an Evidence of Fact , as well as Reason , this very King of whom we now treat , catcht at the Crown , while his Father was catching at his last breath ; seised it as his own , as being his Right assoon as the gasping Monarch did but seem dead , who only reviv'd to let him know how little that Right was by which he claim'd , and so sealed the wrong he had done with his last breath , the Successor declaring his own Sword should maintain what his Fathers had got . Immediately upon this Henry the Fifths Death , his Son Henry the Sixth succeeded : This Author himself can talk of nothing of Election here neither , but that he succeeded as his Fathers Heir ; but to make the power of Parliament prevail in this Kings Reign , he is forc't to fly to a President , that prevents any other Confutation of his whole History ; for whereas he has contended all alone for a Parliamentary priviledge for altering the Succession , here he has brought upon the Stage one that condemns it self , for doing so ; here we find a Duke of York too , by the power ( as this Gentleman would have it of a Parliament , but rather a perfect Vsurpation upon the Crown ) for a long time excluded from his Birthright , and to make way for one of their Usurpers that was a Monmouth too : That Exclusion was begun but with a Rebellion , and it ended in as much Blood ; is our having been wretchedly miserable , an Argument for our tempting the Almighty to make us once more so ? shall we Plot against Heaven for our Destruction , and defie Fate to make us happy ; 't is matter of Astonishment to find the very Presidents of our Nations ruin , to be preferr'd as expedients for its Preservation , unless they think a Prince , whose Just resentments themselves fear , and call revengeful , should now more tamely forego his Right ; when for above two hundred Years agon , it was with so much Blood asserted , or do they think now an excluded Prince will find fewer Friends ? no , these Political Suggestions do but give themselves the Lye ; his Courage they know , and for that they associated ; his Adherents they fear'd , and for that they were to be destroyed ; and here we have now by this Author 's own Confession , after a thirty years bloody War , what in our next Parliament , perhaps we may have without , as well as in the late Loyal one in Scotland , a full Recognition of the Right of the Lawful Heir , and that no foregoing Act is of any force to foreclude the Right Inheritor of the Crown , and the Parliament approving of a Duke of York for their Sovereign , as a Right Heir , by Lineal discent from King Richard the Second . And now the Succession of this next King Edward the Fourth , was the greatest Confirmation of the discent of the Crown to be by Proximity of Blood , that the most devout Heart the most zealous Contender for this undoubted right , cou'd wish or desire . Here we have the very Parliaments , those omnipotent Powers of the People , the God Almighties of these Idolatrous Adorers themselves acknowledging ; that such a Succession is agreeable to the Laws of God ; Nature , and Nations ; Human and Divine ; and is this now as this factious Impostor would insinuate , only the Doctrine of Lambeth ? The position of our Lawds and the Principle of our Prelate ? The first thing that was done , in the first of this Edward the Fourth , was the repealing of all the proceedings against Richard the Second , and all the three following Lines of Lancaster , declar'd absolute Vsurpers : That Henry the Fourth had rashly , against Right and Justice , by Force and Arms , against his Faith and Allegiance , rais'd War against King Richard , usurpt and intruded on the Royal Power , that the Tyrant Imprison'd , murder'd his Anointed , Crowned , Consecrated King , against Gods Law , and Mans Allegiance ; and that there moving of the last Vsurper was according to the Laws and Custom of the Realm : Most of the proceedings of Parliaments in there former Reigns were all null'd and vacated ; and the Intrusion of the first Lancaster into the Throne , declar'd an Occasion of the ruine of the Realm ; and the ground of all the Civil and Intestine Wars that followed . But refractory Rebels may reply , This was after he had obtain'd his Right again with the Sword , and all the Kingdom then his own Creatures : But still these prejudic'd Souls can't reflect that most if not all of those Elections , Vsurpations , that they cite on their side , were only then the Sense of their Parliaments , when they did not dare to think otherwise , and when they were fright'ned into Faction with the Terror of the Sword ; and forc't to comply for the fear of Arms : and are not their Votes and Suffrages , their Resolves , and Orders ; as warrantble for the declaring of an undoubted Right , as for an asserting of an absolute Wrong ? But even such a suggestion is as really simple , as 't is truly false , and so fails them too ; for their own Author tells us , that the Duke of York did not think it worth the contending for , till his Title was declar'd in Parliament , and that was done when the last of the Usurpers was in a flourishing Condition , at the head of his House of Peers , and in the hearts of his People . And the rejecting of their Intruder , so far from being done by force , that they took all the Care , Counsel and Deliberation imaginable : as soon as the Duke put in his Claim , they reply'd 't was an high matter , and not to be consider'd without their Kings consent , to whom all their Lords present it , himself orders it to be examin'd , his own Title as far as could be found out to be defended ; accordingly they send for all the Judges who declin'd ( without doubt out of distruct ) the discussing it ; then all the Serjeants are sent for , and they do the same , till forc't by their Superiors into these three or four extorted Objections . 1. The Oath they had takento this King. 2. The Entails made to the Heirs of Henry the Fourth . 3. That he claim'd as Inheritor to Henry the Third . The Replies of the Duke . That no Oath was obligatory for the suppressing of a Right . That the Entails were made only to supply the defect of a better Title . And that Records would contradict his discent , from Henry the Third : So sufficiently satisfied that honourable Assembly , that they presently recognise his Right , and that for eschewing the many In conveniences that might ensue , upon an Exclusion . And for saving a little of their Kings Honor , as they call'd it , let the poor Usurper turn a Tenant for his Life ; and that prov'd but afterwards at the Courtesie of the Heir . Does not this blind implicit Adorer of his deify'd Creatures , this idolatrous Admirer of his own created Gods , see in these particulars , and even in his own presidents that he cites the mutability of Mens minds , and the contradictory Conclusions of this his infallible Council , while Right it self must still remain the same , and the decrees of Heaven can't be cancell'd , since the very Laws of the Persians could not : and still when our own in this point of Succession were repeal'd , we find it turn'd all into Confusion and a Hell ; and for a more sudden alteration in this vein and humor of Parliament , observe but this single Instance , and that in the very season of which we are discoursing . In the 38 of this Henry the sixth , a Parliament was held at Coventry ; by that the Duke of York too is attainted of Treason , and all his Adherents . Their Heirs disinherited to the ninth degree , their Tenants spoiled of their goods , maim'd , slain ; but in the very next year , of his Reign , the very same Coventry Parliament declar'd by another , to be a devillish Councel , celebrated for the destruction of the Nobility ; never elected , unduly returned ; desiring the destruction rather than the Advancement of the Commonwealth . And now can the most popular advocate of the Party , from the perusal of these their inconsistent irregular proceedings , make them absolute Arbitrators of Right ? They must resolve themselves into this Absurdity for a reply ; that the supream Power of the Nation for its own security , can justly do wrong . We have seen several Subjects against all Reason ruin'd with an Act of Parliament ; and therefore shall we think it alway to do Right ? What Reason can we give that our Courts of Equity are still the same , but that they can't be controll'd by the mutability of their Statute-Law ; and granting this their Bill of Exclusion had past into Statute , that it had been Enacted a Royal Heir must be debarr d of his Birthright , I am sure the general Council of the world , would quickly have given their Opinions against this great one of our Nation . And tho their Codes and Digests don't obtain with us , yet I cannot see why a Prince shou'd be deny'd the priviledge of a private Person ; And the Brother of our King , the claiming his Right in Equity , what is allow'd the meanest Subject when forecluded by the Law. The next immediate Succession of the Crown descends as immediately to the next of Blood , and as for the most part it has done since the time of the Saxons , from Father to Son ; the Fifth Edward , as hopeful as unfortunate , and the more in affording our Factious fellow , another president for an Assembly of Rebels , that prefer'd the very Murderer of their Soveraign , and a pretended Parliament that plac't the Butcher of his Brothers Children on the Throne : And truly this Monster might be said to be Elected by the People , whom no God or Nature design'd for the Crown ; and who was forc't to break the Laws of both to come at it ; and a sort of Election it was like those we had of late in the City , with Rout , and Ryot , and that in the same place too at their Guild-hall , where the Duke of Buckingham very solemnly convenes the Mayor and Aldermen , and there propounds to them and the rabble , their new King Richard , and it was like to be a fine sort of National Choice , that was to be decided by the Freemen of London . But whatever Influence , as this Gentleman observ'd , they had on the Succession , nothing of their consents could be gather'd but from their silence , for suffrages they had none , they being all surpriz'd with so strange a Proposition . Their Buckingham Elector with his Aldermen and some of their Retinue cry up a Richard , and so carry'd all with a House of Commons Nemine contradicente : And now for his Bill in Parliament , made rather by a pack't Convention of Buckinghams for the Bastardizing of his Soveraign's Issue , that very Roll of Rebellion acknowledges his right by Lawful Inheritance , grounded upon the Laws of Nature and Custom , and God himself ; also this which was rather a Convocation of Rebels than a Convention of States , acknowledgd what this inconsiderate Author cites them to Contradict , the Lineal and Legal discent of the Crown by Proximity of Blood , but in this acknowledging of an Usurper the good Bishop of Ely then oppos'd and for it was Committed to Buckingham's Custody , and Stow calls it all a meer mock-Election . And here enters all in blood , & that of the Blood Royal and Innocents , the meer Monster of a man , that beyond her intention , seem'd to crawl into the World while nature lay asleep , with a distorted Body the proper receptacle for as perverse a Soul ; and in him the third great Example that our Impious Author vouches for the Practicable Presidents , of a Parliaments abetting the plain Usurpation of a Rebel to the Rebellious deposition of a King that Reign'd ; and consequently , the subsequent Murders of those that had the right , and those damnable Proceedings against Edw. 2d . and Richard 2d . and these poor Infants has he more Elaborately handled than all the rest of his abominable Treatise ; and the Contradictory Wretch calls the Murder of the Nephews Barbarous , yet pleads for the power of a Parliament that Introduc'd the Tyrant for their Murder , for they were as much dispatch't by their suffrages in the senate , as by Tyrrel in the Tower ; they were the Ministers of Injustice that sentenc'd them out of their Right , and that other only an Executioner to dispatch them of their Life ; for the History of all Nations , and too sadly that of our own , verifies it for an experienc'd truth , that the Destruction of those that have right , certainly follows in all Monarchies , the bloody Vsurpation or the popular Election of him that has none , an Association will needs follow an Exclusion , for whom they have expell'd , they must destroy , for such Murders as are grounded upon MAXIMS of State , must as necessarily follow the Foundations upon which they are lay'd ; for whatever Usurpers undermine an old frame of Government , their Interest obliges them to remove as rubbish all that shall obstruct the raising of the new ; and the dangers and fears from excluded deposed Princes , or the poor injur'd Heirs , soon makes it absolute necessity to cement the Walls with their Blood. The best remarks that can be gathered from the following Reign of Harry the Seventh , are to be found in the Lord Bacon's History , the best account of that King , and he tells us he had no less then three Titles to the Crown whatever that Italian States-man Commines could conceive to the contrary ; first his Title in 〈◊〉 of the Lady Elizabeth whom he was resolv'd to marry ; secondly that of the Line of Lancasters long disputed both by Plea and Arms ; thirdly , the Conquest by his own : But the Learned Historian observes the first was look't on the fairest , and Yorks line , been always lik't as the best Plea in the Crowns descent , and for Confirmation of it the Learned Lord tells us , that this Henry knew the Title of Lancaster Condemn'd by Act of Parliament , and prejudic'd in the Common opinion of the Realm , and that the root of all the Mischiefs that befel him was the discountenancing of the house of York , whom the General body of the Kingdom still affected ; and whatever stress and reliance this Prince might place in the PARLIAMENT's power , this able states-man observes there is still a great deal of difference 'twixt a King that holds by civil Act of State , and him that holds Originally by the Law of NATURE , and DISCENT of BLOOD , so that we have here a Person vers'd in our own Laws , an excellent and allowed Scholar by the whole World , and not only Lauds , and Bishops , as our bigotted Author would have it , allowing a Divine right by the Laws of Nature , and ( who I am sure was so good a Naturalist as best understood her Laws , ) and that Natural discent by blood to be much more preferable , than any other Human title given by such Inferiour powers of a Parliament , whom the most zealou's adorerssure won't acknowledg more Omnipotent then the God of Nature himself . I shall observe another Historical Instance that a true lineal discent was then taken for the best title , and even in those times had the greatest Influence , which was the Lord Stanley's Case , who tho the very Person that plac'd the Crown on this Princes head , yet suffer'd the loss of his own only for saying somewhat that savoured of his kindness to the Succession ; and that if he was sure the Children of Edward were alive he would not bear Arms against them ; so mightily did the sense of the right blood prevail with him that he sacrified all his own for it , and rather than recant what he so well resolv'd , seem'd no way sollicitous for his Life . But that which this Historian might have observ'd too , in this Reign as a discouragement to the designs of some of their popular Patriots then afoot , when he pen'd this his presumptuous piece , was the ill success that two several impostures met with in their pretensions to a Crown to which they were not 〈◊〉 , no great Inducement certainly for any one to bepersuaded to personate the Royal Heir , to set up for a Lambert or a Perkin , only for their misfortune and fate . Lastly , I shall conclude my remarks upon this Kings Reign , with an Animadversion upon a Paragraph or two that conclude his piece , very pertinent to this place , since it relates to the times of which we treat ; and that is the resolution of the Judges , upon the Case of this their King ; that the Descent of the Crown , purged all his defects , and attainder . This their opinion he refutes as Frivolous , Extrajudicial , and here Impertinent ; but I hope to show this Point a most material one , the Resolution to be a good Judgment , and their reply much to the present purpose . First , sure it was a matter and that of a high Nature to know how he was qualify'd to sit in the House , that was to preside in it as the head : And tho he might in some sense be said to have won the Crown with Arms , yet he knew it would wear much Better , sit much Easier , if setled , and establish't according to Law ; and tho a Conquerer that has the Sword in his hand , can soon capacitate himself to sway the Scepter ; yet he 'l soon find the most regular Proceedings tend most to the Establishment of his Reign ; this made Henry the Seventh who had a Triple Plea for the Crown , and that one by discent from the Lancasters consult his Oracles of the Law , how far an Attainder past in the Reign of the Yorks , would still taint his Blood ; and make it less Inheritable . Secondly , their Resolution that all preceding defects were purg'd in the discent , was a Judgment both equitable , and reasonable ; for 't was sure but equal that an Heir to whom an Inheritance and that ofa Crown was allowed to discend should be qualify'd to take too ; for if he was a King , no Bill of Attainder could touch him , that was past too when he was none : And if he was no King , all the concurrence of the Lords and Commons cou'd never have made him an Act for his being so ; there being no Royal Authority , to pass it into Law , and nothing by the very constitution of our Government can be made a Law without ; so that such a resolution certainly was highly reasonable , and unavoidable , that that should purge its own defects which no power had perfection anough to purge ; wou'd he have a King pass an Act with his two Houses for the reversal of his own Attainder , or the two Houses reverse the Attainder of their King ? If the first , the allowing him to pass such an Act , supersedes the end for which it should be past , and makes him de Facto capable whom they would capacitate , if he allows the Latter then he must an Interregnum too ; extinguish that Monarchy for a while , of which the very Maxim says the Monarch can't dye , and place that Supream power in the People , which all our Fundamental Laws have put in the King. Thirdly , this Resolution is very pertinent to the present purpose to which 't is commonly now apply'd ; and that is the Bill of Exclusion : But his passion , and prejudice ; would not permit him to Examin the little difference there is between them . For certainly that ability that can discharge any attainder , is as efficacious for the voiding and nulling any Bill that shall hinder the descent for a Bill of Exclusion , would have been but a Bill or an Act of the House for disabling the next Heir ; And an Attainder can do the same ; and is as much the Houses Act ; and to distinguish that in an Exclusion the Discent it self is prevented by a Law , makes just no difference , for whoever is Attainted has his Discent prevented by a Law too , and that antecedently also , before the Descent can come to purge him ; so that they only differ in this formal sort of Insignificancy , In an Exclusion , the Discents prevention would be the sole Subject of the Bill , in an Attainder it is by Consequence and Common Law prevented , and so the disability being but the same in both , the defects by the same means may and must be purged . The president the Judges cite to justify this their Opinion , is not only applicable to their Case for which 't was cited , but much more so to the very project of Exclusion ; which I 'll prove too from this Sophisters own reasoning : It is the Case of Henry the Sixth , who by Act of Parliament was Disabl'd to hold the Crown ; which was as particular an Act for the depriving him of his presum'd right , as this their Excluding Bill would have been of an unquestionable one ; Town , one of the Justices that debated and argued this point , vouch't this H. 6. Case as an Attainder ; but was Corrected by the rest , and told that he was not attainted , but Disabled to hold the Crown , but even that that was void assoon as he came again to wear it ; and seem to conclude that then à fortiori that an Attaindere would be purg'd away by the Descent ; and sure if this was then Law , and that even for the Line of Lancaster , who had Defects of Title to be purg'd besides of tainted blood : 'T is strange to me why a York now , and such an one too ; in whom both those so long disputed Titles Terminate and Concenter , should be Disabl'd for ever by that Expedient , which was resolv'd unable to prevent the Succession so long agon . For Argument that an Attainder hinders the Crowns Discent , has this presumptious Interpreter of the Law brought the most impertinent piece of Application , that the defect of sense could suggest , and so has as little reason , as Truth , to tell us that this Judges Resolution on Attainder , is not to the present purpose pertinent , for that a discent is insufficient to purge attainted Blood , he cites the Sense of the King of France , and the Learned advice that was given him to send his Son Lewis Because King John's Blood was corrupted ; but he might as well have told us because John is said to make over his Kingdom to the Moor , we are all now Subjects to the King of Morocco ; the true reason of the French mans sending of his Son , is what will at any time incapacitate the Crowns Discent , and that is the Rebellion of the Subjects , and yet those very Barons that Rebell'd never insisted on his corruption of Blood , never made it so much as a Plea for their Rebellious Insurrection ; nay themselves thought him so far from being disabl'd by it , that they prefer'd him even to the very right Blood , which was incorrupted in his Nephew Arthur ; but allowing it then Law , this resolution that such Corruption is purg'd , was made long since , and must now be as Legal , tho the Contrary before had been never so much Law , so that here he has only taken the pains to be impertinent and that too for the telling of a Lye. But as his Villanous heart , had falsely forg'd before that the Learned in King John's time invited Lewis over only because they thought his Attainder had incapacitated him to take the Crown : when all the while they made nothing but their Magna Charta and their priviledges the pretence for their Rebellion , and would have been certainly glad of such a suggestion , when they were so well Resolv'd to Rebel , ( tho I look upon this Inviting in of the French-man rather as a Retribution of a Remarkable Providence , that retaliated on his head the same sufferance from his Rebel Subjects , which his Soveraign and own Father had suffered from himself as Rebellious a Son , who sided against Henry the Second with Philip of France the Successor of a Lewis , as these did with a Lewis a Philips Successor . ) With the same falsehood and forgery would he have the world believe that the Line of Lancaster was so long approv'd , only because that of Yorks was Attainted ; which when purg'd in Parliament , he says , they then presently forsook the Lancastrian : But if he pleases to Consult my Lord Bacon he 'l find that Learned Historian tell him another tale ; and that the Lancaster Line was always the less esteem'd by the people , and how the Parliament could purge the Duke of York only by declaring him Heir Apparent I cannot apprehend ; for whatever can be warrantably past by a Parliament to warrant Obedience , must be what is past into an Act too ; unless one of their Order'd and Resolv'd shall resolve it self into a Law , for such a Statute must , ( tho it were for the declaring an Heir Apparent to the Crown , ) have the Royal Sanction of some Lawful King , which could never be Consistent here , with this their most inconsistent Declaration ; for the granting the Duke of York to be their Heir Apparent , in the same Breath pronounc'd Henry the Sixth an Usurper ; and the very words that declar'd York an Apparent Heir , made him de facto their Lawful King ; for they must either allow that he was the Crowns Heir , and then that had devolv'd to him long before by Blood and Inheritance from Lionel Duke of Clarence , Elder Brother to John of Gaunt , from whom the Lancasters claimed , or else they declared their Lineal , Lawful King , an Intruders , Vsurpers Heir it is an unavoidable Dilemma ; if the first , then an acknowledgment , of an irreparable wrong , done to their Lineal Soveraign that had an unquestionable right , if the Latter , then most absur'd and contradictory in making him an Heir to the Crown from that Henry , that himself never had the least Title to the wearing it . From whence I conclude , that any such supposed Act ( and it must be allowed that if not an Act that then it signified nothing too , ) that purged Richard Duke of York from his Attainder , could never have the Royal Assent , unless most absurdly from one that was no King ; for either it must be past by Henry the fixth , and then the thing he past un-King'd him ; or else by the Duke the declar'd Heir , and then but a suppos'd Subject in the very Declaration , or rather a Lawful and allow'd King in admitting him to pass a Bill , and so superseded such a fuperfluous and Declaratory Act. Lastly , even in this very point the Seditious Author supersedes the pains of any Loyal pen for the Confutation of the false Position he would prove , and in the very same Paragraph baffles himself to prevent an Answer , and tells us that Richard Duke of York's Corruption was purg'd when declar'd Heir Apparent by the Parliament , and that therefore the People forsook the Lancastrians , and set the House of York in the Throne ; shall the being declar'd but an Heir Apparent purge an Attainder ? And shall not an actual discent of the Crown take away the same defects ? shall here be thought the bare opinion of a Parliament sufficient to clear a Corrupted Blood ? And shall not for the same the resolution of all the Judges suffice ? But as this contradicts all right and reason , so the very next Line all History and Truth ; for it appears from all the Chronicles that can be consulted , that the house of York was rather own'd by the Parliament , for fear of the People , then that the People were prevail'd upon by the Parliaments opinion : for this Parliament of his had not above half a year before at Coventry declar'd the Duke and all his Adherents Traytors , Disinherited , and Excluded him and his Heirs . Ludlow a Town that belong'd to him sack't to the bare Walls , and as a Member in the late Houses moved for the 〈◊〉 of Popish Women too ; so did the Parliamentary rigor of those Times extend also to that Sex ; and the Dutchess suffer'd then the same severe Exile with the Duke , and as our Author says , was spoiled of all her Goods , yet 〈◊〉 rigorous as they show'd themselves in 〈◊〉 violent Votes against him and all that was his , his Hereditary right was so rooted in the Peoples Hearts , that it form'd for him an Army , fought for him at Northampton ; and brought both the Usurper and his Parliament to a Composition for the Crown . Thus much for the refuting of his little Reason , and his less Law upon the Case : And his Historical Inference that follows for its Justification , fails him as much too , for he tells us the Tale of Richard the Thirds letting the Children of his Brother Clarence live , because their Father was attained in Edward the Fourths time , and that it was the Resolution of his Parliament that his Issue was thereby disabl'd to Challenge the Crown . And truly the Case will admit of no better defence ; the badness of his cause can never be made good , but with such a Justification as is much worse . He verifies that Aphorism of the Tragedian , that to secure your self in your Villanies , you must commit more , and 't is the Politicks too of a Matchiavel as well as a Seneca , and this the practise now of our present Republican , who firstlays you down a Position perhaps truly Treasonable , and then is forc't to fly to the Resolution of Traytors for the defence of the Treason ; and proves that the Crowns Discent does not purge Attainder , because this Parliament of an absolute Usurper , rather a pack of Rebels then a convention of States , resolv'd it so . Could it be imagin'd that those that had Bastardiz'd the Blood of their late Soveraign for him already , would Boggle to Declare that of a Clarence , and but their Kings Brother corrupt ? would those that promoted the spilling of the Blood of the two Nephews , stick to Resolve that of the rest attainted ? the Malicious Impostor knows , that they were then treating with a Tyrant , that they themselves had advanc'd to the Throne ; and would he have had those demurred upon a point in Law , to have argued of his Crown again , which themselves knew against all the Laws of the Land they had plac't upon his head ? But this President if allow'd , would still to the present purpose be as Impertinent , as 't is Treasonable ; for the Question is what was Law since H. 7. time , and he Labours to Confute it with what was said some three years before ; and to Bassle the Resolution of all the Judges of the Kingdom ; with the Suffrages of the Parliament , that even of their own Laws have no right to Judge , much less by any Preceding determinations of their house to Bind all the Succeeding Judges of the Realm ; let him first prove a even Vsurper's Parliaments opinion Law , and then proceed to refute the resolutions of the Judges of a Lawful King. In short , nothing can be Law there but what is Enacted , if Clarence his Attainder did not take away the Discent , the resolution of the Judges since is certainly the more just ; if it did then , yet still their opinion never the less Justifiable now ; for the opinion of that Parliament neither was or could be made Law , for if they would have made it an Act it must have been done before Richard was in the Throne , and then void for want of Royal Assent , if after they had Crown'd their Usurper , then sure too late to be enacted , unless they would have made the Tyrant his own Judge : And himself to have Attainted the second Pair of Nephews , as well as he Butcher'd the First . But as fearless as ( he says ) the Monster was from the pretensions of the D. of Clarence his Children , whose Minority might well make the poor Infants not very formidable , yet he did not think the Duke himself so Barr'd with his Attainder , but that he might still have been a Bar against his Horrid Usurpation ; that truly sent the poor Prince to the Tower , and got the Brother of the Monstrous Assassin to be suffocated in the Malmsey Butt . The discent to Henry the 8 was both by Blood and Entail , and so beyond contradiction , and with their own concession Hereditary ; but where that objection to the Birth-right fails them , there to be sure some subsequent Act of that Kings Reign shall be sifted , and made to Countenance their suggested falsehoods , tho the Succession of the Prince himself contradicts it ; who had all the Consolidated Titles in him , that had been so long disputed , all that his Mothers Blood , and his Fathers Arms , and the Law could Invest him with , but because his Exorbitant proceedings , his Arbitrary power and predominancy which themselves condemn'd him for over Parliaments awd them into an altering the Succession as often as he was pleas'd to Change his bed or chop off a Wife , therefore must we conclude Parliaments to have a Power to do that by Right , which against all right perhaps they were compell'd to do ? why does he not prove it a president for Polygamy , and Murder ; because that furious Prince still sacrificed Women to his Lust , and Men to his Anger ? But yet allowing them such a Power of medling with the Succession , which certainly does not follow from their having some time Vsurp't it , or been put upon that Usurpation by their very Prince , for 't is against reason to make that a right , only because they can plead Prescription for doing a wrong ; but here those several alterations were all caus'd to be made for the securing of a Lineal , Legitimate and lawful Succesior to the Throne ; for as a Reverend Author says , the King Lamented that he should leave the Kingdom toa Woman whose Birth was questionable , and he willing to settle the Kingdom on his LAWFUL Issue ; and for this reason he got the 25th to pass , against his Daughter Mary . And the very Preamble of the Act tells us , that it was for the Surety of Title and Succession and Lawful Inheritance . Three years are scarce past till the 28 of his Reign repeals almost all that the 25 had Enacted , their Protestant Queen Elizabeth made as well as the Popish Mary , plain Bastard , and tho our prejudic'd Author may make the same matter right and wrong , as he stands affected , he must think this his powerful Parliament dealt a little hard with the latter , whose Mother was never divorc't but from her Life , and she pact off for a spurious Off-Spring , only upon the pretended suggestions of Anne Boleyn's unknown impediments , confess 't sine to Canterbury . But whatever they were , the Canons of the Church , tho born before Marriage , and since after the very Laws of the Land did make her Legitimate . But however , this greater piece of Injustice to this good Protestant Queen , ( which they 'l say , now proceeded from the Kings putting the Parliament upon too much Power , ) was palliated all along with the pretence of providing a Legitimate Lawful Successor , and so the clear Reverse and Contradiction of the proceedings of our late Patriots , to whose Privileges those sort of presidents were apply'd , for those Parliamentary Powers secluded but Bastards to make room for Heirs Lawful and Legitimate , with us an Issue truly Legitimate should have been EXCLUDED , for the setting up of a SPURIOUS ONE . But then at last comes the 35th of his Reign , and that like a Gunpowder Plot in the Cellars , blows up all the former foundations of the whole House ; both the two former Stat. for Disabling , Illegitimating , are null , voy'd , repeal'd , the LADY MARY , Sister Elizabeth , in those seven years , suffered my Lord Bacons transmutation of Bodys ; and were turned all into new matter ; and what was Spurious , Illegitimate , and in Capable , with the single Charm of be it enacted was become truly Lawful Lineal Heir of the Crown , and Capacitated to succeed in an HEREDITARY DISCENT ; and so far from Invading the Prerogative , so full of giving were the bountiful Parliaments of those times , that they Impower their too Powerful Prince to dispose of his Crown by Letters Pattents ; or an Arbitrary , Testamentary disposition , an Oblation I think his present Majesty might esteem too great to be accepted , who knows his Successor to be the Crown 's Heir , scarce his own , much less the PARLIAMENTS . Edward the Sixth upon his Fathers death succeeded , an Heir , Lineal , Legal , and Testamentary , yet the first thing this Author observes upon him is the greatest falsehood ; viz. That he took upon him a power what surely no King ever had , to dispose of his Crown by Will : When in the very Preceeding president his own Father by his Will manifested he had the Power , and left it him by his last . But his he 'll say was a Power given him by Parliament . But that is not so plain neither both from the Preamble , and the purport of both the dissonant Acts of 28 , and 35 for the designs of both were only for the settling the Succession , and then upon supposition of the failure of issue from those upon whom it was setled , they fairly leave it to his last Will or his Letters Pattents ; but supposing this Liberty had not been allow'd , can he imagin that a King that had got them to alter the succession at his pleasure in his Life time , would not upon the failure of the Limited Heirs have dispos'd of it by Will at his death , but that none but this Edward of our Kings took this power upon him is utterly false , from these several instances . First the very first King of his name , in the Saxon succession , left it so to his Son to succeed : And Athelstan , whom above this Gentleman recommended to the City of London for a Mon. and Illegitimate , against the sense , and silence of all Historians , was declar'd King by the Command , and last Will of his Father Edward the elder ; in the Reign of the Danes , Canutus did the same ; bequeath'd Norway to Swain his eldest , and England to his youngest Son ; and for the Norman Succession , the very first King , and who had the most right to do so from the Sword , left to Rufus the right but of an Heir Testamentary , tho followed by his Son Henry the first , And Richard that had less reason so to do , for his Daughter Maud by the Law of the Land would have been his Heir without the Legacy ; and so would to the latter his Nephew Arthur , and tho both were by Rebellion rejected , yet still sure their right remain'd . But for this Edward the 6th disposing it by Will , it was not only against the Customary Discent of the Realm in a right blood ; but of an Express Entail in several Acts of Parliaments . I am so far of this Authors opinion , that I believe it was no way warrantable , but never the sooner for his Parliaments settlement , had it not been at last upon the right Heirs ; for tho those Princes of ours heretofore took upon them to leave Successors by Will , they still nominated those that by Blood were to succeed without such a Nomination , so that the bequest was more matter of Form , then Adoption ; only to let the Subjects know whom they look't upon to have the right of Succession , rather than to superadd any thing of more right , and that 's the reason ( or ought to be ) that we properly call the next in Blood the Kings Successor , but the Crowns Heir . 'T is a little prodigious Paradox to me , that it must be such a receiv'd Maxim that a Parliament can do no wrong , and that in plain Terms they tell us it can do any thing ; mollifying it only with an Exception that they can't make a Man a Woman , yet that they bid pretty fair for too in these Presidents of Harry the 8th , when they made Bastard Females of those that were Legitimate and then Legitimis'd again the same Bastards ; and 't is as mighty a Miracle to men unprejudic'd , that our Parliament Patriots should contend for the disordering the Succession of the Crown , who still labour for the Lineal Discent of their own Common Inheritance , 〈◊〉 I will appeal to the breast of the most 〈◊〉 contender for this Power , whether an Act made for the disabling one of their own Sons , or design'd Successors , would not by themselves be look't on as 〈◊〉 if not utterly defeasible ; and then 〈◊〉 sure prodigiously strange where so many Learned Heads tell us of a sort of 〈◊〉 from a power Divine , where the 〈◊〉 Custom of the Kingdom has 〈◊〉 a constant course of Lineal Discent , 〈◊〉 , as has been shown , a perfect 〈◊〉 interven'd : And where themselves 〈◊〉 this sort of Succession has 〈◊〉 sometimes by Statute entail'd , yet 〈◊〉 they should think that but Justice 〈◊〉 their Kings Successor , which they 〈◊〉 resent as an Injury to their own : 〈◊〉 they may vouch for it , the common 〈◊〉 of Recoveries from a right Heir , with too Cunning sort of vouching , and 〈◊〉 too much practis'd ; but I am sure no way agrees with the Laws of Forraign Nations , and has been a little 〈◊〉 by some learned Heads in our own , 〈◊〉 some that have brought it into 〈◊〉 seem to have rais'd a Devil , not soon to be put down ; in their Dialogue but however this Objection is 〈◊〉 analagous , nothing of a Parallel 〈◊〉 for here is a Complication of both 〈◊〉 Concern'd , and concluded upon 〈◊〉 both their Consents , and where shall 〈◊〉 find the perfect Proprietor of 〈◊〉 and Scepters , and when God has told us 〈◊〉 that by him they Reign that bear 〈◊〉 and they 'l hardly vouch the 〈◊〉 for a piece of Injustice . But allowing for once a meer Human Constitution , 〈◊〉 in their bandied Authority of Saint 〈◊〉 , an Ordinance of Man , and the 〈◊〉 Consent with his Parliaments to 〈◊〉 the Point , yet still the great 〈◊〉 would call for a little longer 〈◊〉 than a Common Recovery , 〈◊〉 not presently to cut off the right of Heir to three Kingdoms , only 〈◊〉 commonly done at Westminster of 〈◊〉 to so many Cottages ; and besides , 〈◊〉 that has been practis'd so long , and 〈◊〉 the test of Time , and this their 〈◊〉 would have been the first President . And at last what has silenc'd their Advocates for ever , the non-concurrence of the King and his Lords , whose consent was by themselves suppos'd to be necessary because requir'd ; and will like those recognitions of some of our former Parliaments for an Hereditary Succession perpetuate that right , in spight of the Laws of others that were made for altering it , and should the Commons ever get such a Bill to pass ; 't is enough to say 't was once rejected by the Peers , unless they can prove that the Question was put again , Whether the lower House should take advice of the Lords in the Legislative power , and that 't was Resolved that the House of Peers was useless , dangerous , and ought to be abolish't , and Order'd that an Act be brought in for that purpose . Queen Mary succeeds her Brother Edward , with all the Right of Blood , with all the Law of God , and Man too on her side ; for whatever the Parliament pretended , they could never 〈◊〉 that which was begotten in Matrimony , celebrated according to the Laws of the Church and the Realm ; for whatsoever defect there was found subsequent to the Consummation of the Marriage in common reason and equity ought not to have extended to the making that Issue spurious , which had all the requisites to the making it truly Legitimate ; 〈◊〉 perhaps the subsequent discoveries 〈◊〉 be sufficient to cause a Divorce ; and in the too Common Case of Adultery , 't would be severe , far from Equity to make Bastards of all that were born before the Conviction of the Fact ; but it may be reply`d to this , That these were such Impediments as related to the Contract ab Juitio , and where that 's 〈◊〉 there the Children begotten after 〈◊〉 be suppos'd Lawful Heirs when the Contract it self is against Law ; but tho 〈◊〉 I shall look upon that as a rigorous resolution ; when I think Innocents and Infants ought to be more favour'd , especially when there is a Maxim in the Law even in the like Cases , that the fact may be valid tho the doing of it can't be justifi'd ; and besides there being a Rule that obtains amongst Civilians , That Marriage contracted without any preconceiv'd Impediment , tho it after 〈◊〉 to be dissolv'd as unlawful , yet 〈◊〉 begotten in such a state are reputed truly Legitimate ; and tho Appeals to 〈◊〉 were then Punishable with a Premunire , yet the Civil Law then obtain'd much more than it does now ; that Stat. being very young as well as the Reformation , and by the Laws of the Church long before it ; they were such Latitudinarians in this point , that the subsequent Marriage would Legitimate those that were born before the Contract , but that I confess was rejected here in 20 Harry the 3d's time , because contrary to the common Laws of the Realm which the Parliament resolutely declar'd they would not change . But what ever power they had of Nullifying this and making Mary spurious , 't is certain another , and latter Act made her as much Legitimate by making her Hereditary , insomuch that what ever Edward her Brother was prevail'd upon , a young Prince and a dying one , whose forward Understanding might be well disorder'd with an approaching Death , and an untimely end , and which might be easily prevail'd upon in such Circumstances , by the Cruel sollicitations of the defigning Northumberland , whose Son had but just Married Suffolk's Daughter the designed Queen ; yet 〈◊〉 then 〈◊〉 the truly Loyal Bishop and as true a ( Protestant , of which his 〈◊〉 to the right of the Crown was the best testimony , tho now 't is made but a preposterous Emphatical expression of that Religion to invade it ; ) that worthy Prelate tho he suffer'd in the Succeeding flames of a real Persecution , when demanded by these State Projectors his sense of the setting up of this Testamentary Queen , declar'd it was no way agreeable to Equity to disinherit the two Sisters , and that the Succession could not be Lawfully alter'd upon any pretence ; tho Religion then too , was the very thing pretended ; the Bishop of Hereford that was as good a Protestant observes upon the Suffolk men siding with Queen Mary , tho they knew she was for setting up of Popery , says that our English are in their respects to their Prince so Loyally Constant , that no regard , no pretext of Religion , can extenuate their Affections to their Prince and Lawful Soveraign . And he writ it in a Time when the most malitious can't object it was to flatter a suspected Successor , and when most of the Prelates themselves were so far from Rome , that there was scarce an Arminian . Upon the death of her Sister ; Doctor Health Arch-Bishop of Canterbury presently declar'd Queen Elizabeth's right to the Parliament then sitting , who did not put it to the Vote , as our Republican would insinuate they use to do , but however did as much as was usual ; acknowledg'd that she was right Lawful Inheritor ; and presently she was proclaimed in Westminster-hall ; and in the next vote they do declare moreover in full Assembly Lords and Commons , That this their Queen Elizabeth is their Lawful Soveraign , by the Laws of God , ( and so not only in relation to 35 H. 8. ) by the Statutes of the Realm , and the Blood-Royal ; and in this open and generous Recognition , they must Implicitly disclaim all power of Election , or give themselves the Lye , and so must our Impostor put upon them a falsehood , if here his Parliamentary Choice must pass for a Truth ; but where matter fails them before , and he can't prove his Election antecedent to the Monarchs right , then as in some other places and here at present he can make the Prince tho own'd Hereditary , by some subsequent Act of his own to make himself Elective , and for this he cites you the 13 of this Queen ; the purport of which is , to disable any one even after her Death to inherit the Crown , that shall pretend to it during her Life : But does not every one know that this was Enacted as all the fore-mention'd irregular Acts of her Father , with her own seeking and desire ? and the bringing this for a president for a Parliamentary Power , is just as pertinent as that of palliating the Treason of their late Covenant , with the Title and Pretence of an Association , made in her Time too with her own Consent , and for the same purpose that this Act was past , both being contriv'd in opposition to the pretences of the Queen of Scots ; and must the only thing that has Blacken'd her clear Integrity with Injustice , and Blemish't her Virgin Innocency with Blood , be brought upon the Stage for an Imitation to our State , and because the Grand-mother suffer'd with a Bill of EXCLVSION and an AXE , and the Father with the same Fate , must the Son too that has experienc'd exile , dangers , and all but death from this power of Parliament , Succeed only in their Misfortune , and his Blood be made Hereditary only in being Split ? All that he says of King James is but what makes against him , and what he might have said of all the rest , that they made a Recognition of his right upon his coming to the Crown , and truly such an one as must silenc'd all such 〈◊〉 ; for they acknowledg him , Lineal , Lawful , Liege Lord , by the Laws of God , and Man ; this may suffice for my sense of his History ; and all honest hearts will concur with my Sentiments , his subsequent observations are but the same with the Principles of his ASSOCIATES that follow , where I shall reflect upon them together as they are combin'd . And here only give him an omitted Instance , as pertinent as the Presidents he has propos'd , to bring down his Narrative to the Times . Charles the first ; notwithstanding his proximity of Blood , his possession of the Crown , and his pretended right from God , 〈◊〉 the Parliament imprison'd him , MVRDERED him , and put the Power in the People . And now what can any Rational Soul living infer , even from this Authors own Observations ; but that those Parliaments which he brings us here for Presidents both for disallowing the Discent of the Crown to purge the Defects of the Prince upon whom it descends ; as also those that concern'd themselves in altering the Lineal Discent it self ; are so far from warranting the same Practises and proceedings , that they stand upon Record , are Chronicl'd in History , register'd in their own Journals , declar'd by Special Acts , REBELS and TRAYTORS ; and then no wonder if the poor People are encourag'd to Rebel , when the very Presidents of TREASON , shall be publish't as a Parliamentary Practise ; the deluded filly Souls , don't so soon consider , that if every Seditious Senate's determination , shall decide too the Descent of the Crown , that this consequence which even themselves may blush to own , must as inevitably follow , that from the Vnion of the Seven under Egbert , to our present Soveraign the first Born Heir , to our Three Vnited Kingdoms ; there never was , or could ever be , a REBELLION , or ever one USURPER in the whole Catalogue of Kings . Henry of Bullingbrook , by this unreasonable sort of supposition , had as much right to the Crown , as that Unfortunate Richard from whom it was rent and torn ; Edward the Third but a Son ; Intitl'd to the wearing it , before his Father had done with it himself , and that Butcher of his Brothers Babes , and the Monster of Men , as Lawful a King as his Nephew that he Murder'd : That Arch-Rebel that of late mounted the Throne , Cromwel himself , as much right to sit there ; as a Charles the best of Monarchs they Martyr'd ; all these were by Parliament acknowledg'd for their Lawful Soveraigns , against the very Fundamental Laws of all the Land ; Laws that even with the Allowance of one their late most Laborious , most popular ( and pillor'd Advocate for this Power of Parliament , Pryn himself , ) have still plac't the Discent of the Crown in the right Heirs at Common Law ; and who himself Confesses that Acts of Parliament have translated it from them , to others who had no good Title ; and then certainly such a translation at best can be but bad , and Evidences that there is somewhat else requir'd besides their Power to the making of a King ; so powerful and prevalent are the Dictates of Truth and reason that they force their Confessions sometimes from the very Mouths of those that Labour to give them the Lye , drop from them unawares , and steal from their unadvised Lips. Lastly , 'T is most prodigiously Strange that such Seditious Sycophants as fawn upon this Parliamentary Power , for altering the Succession , and asserting of an absolute wrong ; yet are such unreasonable Souls as not to Consider the several Acts of the self-same Powers that have declar'd it unalterable , and maintain'd the Monarchs Vnquestionable right . Edward the 4th's first Parliament they themselves know declar'd those that came to the Crown by the Common Consent of the People to be but Vsurpers ; Kings only de Facto , which implys ' its contrary , to be just , and that some de jure must be Kings ; they know the first of James declares his Royal Office an Heritage Inherent in the very Blood of him , and also that all our Books of Law besides the Fundamental Constitution of the Land , do make the Regal Power Hereditary and not Elective , and such an Elected Usurpers Laws can no further oblige the Subject ; of England then they they 'l submit ; no more then the Czars of Muscovy , a pecuniary 〈◊〉 must be but a bare oppression ; and a Capital Punishment MURDER : But Will. Prynn , I Confess in another of his Treatises that he Printed , will have all such Acts made by Consent of Vsurping Kings , bind the right Heirs of the Crown that Reign by a just Title : That all such Acts oblige them is utterly false , for one of them is commonly for their Exclusion ; but that some are admitted to bind is as really True , but that is rather upon a Political account of their being serviceable to the Publick and the Country's Good. And is it not now an unaccountable boldness ; that the very same Cases of Usurpers upon the Crown , that this Indefatigable piece of Faction publish't against the Father they fought , and Murder'd ; should be retrieved against the Son whom the kind Heavens ev'n by Miracle so lately restor'd ? But at last allowing those palpable falsehoods they so much Labour for ; falsehoods so gross that they can be felt , to be matter of Fact , contradict the true sense of all Chronicle ; with a Seditious Supposition ; to be secur'd of Truth , give all the Laws of the Land the Lye ; raze Rolls and Records , the better to rise a Rebellion ; and grant the Kings of England have been all Elected , all almost from that Union of the Heptarchy in the Saxon ; to that of our three Kingdoms in the Scot , ( and sure no Soul living can conclude with them in a fairer Concession than in granting the very Postulate they require ) yet since they then in the End of K. James , tho but so lately had settled the Succession and made it Hereditary ; can with men of Common sense the Presidents of its having been formerly Elective , prevail for an utter Subversion of such a Settlement ? Popery was once in England by Law Establish't , and must it therefore again be Establish't by Law ? Certainly all succeeding Reformation , must null and abolish that from which they Reform ; and a Repealing Act will hardly be made Declaratory of the very Statute it Repeals ; if these be but their best Arguments , the same you see will reason us back into the very Religion of Rome ; we have seen several Rebellions , and some even of late to have lain the Land in Blood ; and can such sad Sufferance be made to Prescribe for our Misery , warrant some such as Bloody to succeed ; but since all this suppos'd suggestion , must vanish like to soft Air , since the Succession has been settled for so many several ages ; to rake every musty Record only for a sad Review of some Time of Confusion , is certainly but an Impious Industry to Confound the work of the very God of Order : We may as well be discontented at the Frame of his World he so well digested , and plead for Prescription the Primitive Chaos . CHAP. II. Remarks upon Plato Redivivus . THE best Animadversion that I can make on his whole first days Discourse , is , that it wants none ; that it's Impertinence has superseded reproof ; and the fulsome flattering Dialogue as unfit for a serious Answer , as a Farce for a Refutation out of a Sermon . The great acquaintance these pretending Platonicks would be thought to have with that Sect of Philosophers , did not oblige them to be so morosely reserv'd as to know none other ; and they may remember an Ephesian Sophy I believe as Learned too in his Politicks , that was never so much tickl'd , as when he saw the dull Animal mumbling of the cross-grain'd unpalatable Thistle ; the disputing against the Laws of the Land , and the Light of Reason , they 'l find as uneasie , as absurd ; and the latter as Impious and Profane , and which deserves to be assimulated to a more serious sort of Obstinacy , that of so many Sauls kicking against the Pricks ; but the Pleasant and Ridicnlous Disputants put in for another pretty Quality of that insensible Brute , the length of their sordid and stupid Flattery outdoes their Original Beast , and the sad Sophister would force one Smile more , to see three of the same sort of Creatures for a whole day clawing one another . Certainly whatever they fancy the Dialogues of Plato , whatever the Favourers of his Principles can suggest , surely they were never fill'd with such Fustian : But that good old Philosopher did as plainly cloath his Disputes as well as himself in an honest homely Drugget of Athens : Tho I confess they tell us of his rich Bed , and his affectation of State , which a Soul so sublime could not but Contemn ; while these Sectaries are such refin'd Academicks , so much polisn't with Travel and the breeding of the Times , That all the Fops of France , the Dons of Spain , his Adulano of Italy , seem melted down into one Mass of Impertinence ; they can't pass by the thin Apartments of a Page without a Congee Bon-Grace , and a formal Salutation upon one anothers Excellencies , the Doctor claws the Patient with his Lenitives , Frications , Emollients of Praise and Adulation , and the Patient ( who in the literal sence must be said to suffer with such a Doctor , ( if not in Body Natural , I am sure in the Politick ) as in Cordial Affection and Common Civility he is obliged ; returns him the reputation of his Book De Corde ; for the tickling the very Auricula's of his Heart ; ( for Praise must certainly be Pleasant for an AEsculapius that sets up for a Matchiavel ; ) confutes Solomon and the Bible , as he says , for saying , the Heart is unsearchable , tho but an Ordinary Divine without the Criticks , Tremellius , or a Munster would say , that in the Text there is nothing meant but the mind : But Cor hominis must not be Inscrutabile now , only because the Doctor has handl'd its fibres ; and thus this Triumvirate of Fulsomness and Faction , treat one another with their Fustian and Foppery through the whole piece ; I seldom care to lard our English with the least scrap of Latin ; but because 't is the property of such pedantick Scriblers , who still most affectwhat is most ridiculous , Foppery and Folly , I 'll only give them an Argument out of the Mathematicks fora Demonstration . of their agreeable Faction and Foolishness ; and for his Cor hominis as it relates to this Doctors Pharmaceutria , let him take one of Euclid's Postulates that has a greater reference to their mighty Three : In English thus , and if they will have Lattin 'tis in the Margin : Those that agree in one Third , must needs agree among themselves . The Venetian Claws the Doctor , the Dr. our English man ; and he the Doctor and Venetian , one of them must be somewhat of the Ass among them ; and then 't is Demonstrable they have a great share in it all , and because the great Galen of the Times , is so bold with his Catharticks as to set up for his Purging of the Court of Chancery ; tho I am no Practiser in it , yet I shall take the pains to defend it against the Doctor in its due place ; and since the Mountebank for the Body Natural is here all along made an Empirick for the Diseases of the POLITICK ; and from his Colledg brought to the Coffee-House , to talk only of the Marasmus of State , I 'll give him my sence tho no States-man of this whole Work , in his own Phraseology : The Piece seems to me like a sort of Preparation among the Doctors ; a meer Amalgama ; the Chymical Operator understands it better than many a Politician the Marasmus ; 't is a Composition of meer Quick-silver , and Lead , tho this Political Spagyrist , perhaps will call it Saturn and Mercury , here this Author with the help of the Fire of his hot Brain , has incorporated his volatile thoughts and his dull ones together , gay Compliments and Air , Faction , and Hell in a lump : And tho this homely Physician won't allow himself to have been abroad , tho the courteous Venetian contended for his breeding in Padua , yet the frequency of Murders here too , would make a Body mistrust it ; and however their Human Bodys escape , such Principles I am sure have Poyson'd some of their Souls ; and thus I have plac'd my Pleasant Observation , upon their Ridiculous Stuff together , that I might only reflect hereafter on what they would have thought serious , and I shall worth a Reflection without the Mixture of Mirth : Their mingl'd Foppery must otherwise provoke a little Laughter as well as their Principles of Sedition incense ; and I cannot Trim my Passions so well , as to keep them in a pure 〈◊〉 of Mirth and Anger . If any affected to the Cause , or disaffected , thinks his Introduction deserv's a more serious Reply ; let him take the pains to give 〈◊〉 a more solid Elaborate Confutation . In the Second day they wisely agreed not to play the Fool ; and 〈◊〉 well they 〈◊〉 upon 't for the sake of their Senses , and the first Observation of the Venetian is as long as his Noble gown , down to the very heels of two Pages , but for brevity you shall have it in as many words . Why that our English Nation signifies so little abroad , yet makes such a great sight at home ; our Author having been so much Conversant with Dons and French can't forbear falling to his Formality agen , and after a soft sort of Compliment to the Courteous Stranger and the Government , thus Thunders out his Negative Reason : Evil Counsellors , Pensioner Parliament , Thorough pac'd Judges , Flattering Divines , designing Papists , French Councils . So I have seen at another sort of Cabal where such Disputants use to assemble for Edification , and Doctrine , not Dialogue and Dispute ; the Jack-Pudding of their Pulpit has seem'd to whisper his God Almighty in the Ear as a common Zany does his Mountebank for Instruction ; and then raves out to the list'ning and Attentive Rabble , his Choledochons , Phlegmagogons , Balms of Gilead , Conscience Salve , Curse ye Meroz , Sword of Gideon ; and for this Enthusiasm too those Harleqins of their Assemblies the Burlesques of the Bible ; shall Blaspheme with the very Book , and vouch the Almighties coming to them in a still voice , and sometimes in a rushing wind , and the Devil of Sedition shall be countenanced with the word of God ; I should hardly pardon my self the Liberty of sullying the sacred Text with so much as the repetition of such a Simile , did not I know the Zealots themselves had vouch't it for a Iustification of their sudden Raptures and Inspiration ; and for this Preacher of the Politicks , tho I never saw him in his Geer and Gestures , I am sure he makes just such another Figure in his Speech , on a sudden 't is all Aposeiopesis soft and fair , and assoon all in Exclamation 〈◊〉 Ecphone , and these heats and lucid Interval's of raving , run through his whole Work. But first for his Forreigner , with his Observation , is it a Mathematical Postulate that our Nation is so despicable with our Neighbour's , that it must be granted assoon as ask't ? or has he rather beg'd the Question ; or can the Noble Student from his Geometry , measure the same and reputation of the Kingdoms of the Earth ; but whatever his skill be in the Doctrine of Triangles , I am sure he is much out here in his Measures , and whatever reputation England has at Venice , or a compleat Monarchy with a mixt Republick , I am sure with better Governments it has as much esteem ; and when ever it loses any , it must proceed from the Scandals and Infectious breath of such Authors and Seditious Vipers , that wound the Reputation as well as the Bowels of their Dam. But that matter of Fact may contradict what Malice does but suggest ; near the very same Time this most Impudent Observation was made , did they propose to our present Prince the League of Guaranty , and desire HIS entrance before that of the Empire : But I can tell him what once brought a Scandal indeed upon the Nation , made it a reproach to it's Neighbours ; in a thing of the like Nature , not to mention the Murder of their King , for that supersedes all hopes of regaining it's former Esteem , for did not the Proceedings of that Rebel Parliament , make us a by-word to the Heathen , and a Scandal even to the revolted Holland ? did not the very Turks bless themselves at the Villany , and the Dutch since in Derision cut off the Tails of their Currs , to let us know we made less of a Kings head , than a Dogs Neck ? But this we mean to apply related to it's reputation upon a League too ; this was a Scandal also brought upon it by a Parliament ; this was the effect of unjustly altering the Succession . And this was in the Time of Henry the 8 , when the Princes of the Empire would have made him Head of the Protestant League , but upon hearing of his Extravagant Parliamentary Proceedings , of their repudiating what Wives he pleas'd ; and allowing a more cruel Divorce of a Pious Protestant Queen from her Life as well as his Bed , and severing her Head from her Shoulders , as well as the Crown ; when they saw the Senate of England so Inconsistent with themselves as to Legitimate Bastards , and then make Bastards of those they thought Legitimate : Then began our Nations Reputation to be low with our Neighbours ? Then began our Parliament's to be look't upon as insignificant , and the Supream Power of our 〈◊〉 Assembly , to Forreign Councils seem inconsistent , and their mighty Credit so mean that they could not be trusted ; and thereupon all the Leaguer's 〈◊〉 rejected Henry whom they had preposed for their Head. And well might they distrust the Councils of such a State , that while they pretended the Reformation of Religion could chop off the Head of the most zealous Reformer , and as Baker calls her one of the first Countenancers of the Gospel ; make her Issue spurious , that was like to and afterwards did prove the most Protestant Princess , and all this but to please a Lididinous King that could make her suffer for his constant Crime , Inconstancy , when that too was so little prov'd and her Innocency so much ; whatever prospect these pretenders of Reformation gave to the Princes of the Empire that they should think of making the head of this dissembling Parliament that of their League too ; I am sure they must all of them as Oates did when he took the Mass , the Sacrament for his Religion , only pretend it ; and tho they made the World and Forreign Princes think well of their affections to Reform , tho they had excluded the Pope , still they and their King could remain Papist's ; and a Reverend Author that has had the thanks of the House , says that a Parliament was Summon'd that was resolv'd to destroy her ; so that we see a Parliament could then contrive to make our Nation signifie so little abroad , and that our present King without one , signifies so much , that he stands the sole Arbitrator of War , and Peace , and Europe only debar'd of the benefits of it , by the very Faction ; that upbraids the Government with its being disesteem'd , and this Noble Traveller , not only taken the Liberty to Lye with Fame , but given Fame it self the Lye. After he has Thunder'd out his Anathema's against the State in the Jargon I recited above , of Evil Councellors , Pensioner Parliament , thorough pac'd Judges , which still the most malitious Soul can't allow to be the true Reasons of our Maladies and Distempers : But however the State Negromancer , with his Rosacrucian the Doctor , knew these terrible Names with the Populace are swallow'd like his Pills without chawing , and which they understand no more than his Catharticks with which they are compos'd with that unhappy effect too ; that they can no more discern the bitter cheat , when these Prepossessions are got into the Guts of the Brain , then that of the drug when in those of the Belly ; but like Persons absolutely possess'd rave and rail only with the same words that are dictated by their Devil , yet , after all this , and having Libel'd Courtiers that contrary to the true meaning of the Law , as well in this Kings time as in that of the Late , they have got Parliaments Dissolv'd , Proroug'd , for the keeping of the Governments Life and Soul together ; after all these Seditious suggestions still he defines but Negatively , that none of these are the Causes , but the effects of some Primary Cause that disturbs it ; but I am afraid this Primary Cause , to him is yet an occult one , unless the Discovery of our late Plots , has so far illuminated his Understanding , as to disclose it , or he consulted his Doctor , for his Diagnosticks ; and got him to make a better Crisis and Judgment of the distemper of the State. But for those Acts by which he thinks his Majesty is oblig'd to call a Parliament , for the Triennial one , I think runs with a Clause and a Proviso that it may be oftner call'd and within the Term if occasion be ; and pray who shall be Judg of that occasion ; the King who calls them , or the People who would be call'd ; and what if it be Judg'd an occasion , not to call them at all ? the Preservation of the Prerogative may as well exclude the force of this , as some new Emergencies , which themselves plead for upon a necessity ; and for the Common-wealth and Peoples Benefit and Advantage can Invalidate others ; but for that obligation , and Law for the Parliaments sitting in the late Kings time , that which he would truly have reinforc'd , is their being perpetual again and not to be dissolv'd ; but for that I think he need not perswade the Courtiers to Address or be so bold to Petition himself , unless he would tell his Majesty they must again have the Militia ; they must fight once more against his Person for the sake of his Authority , and sit taking of Covenants , and Associations , till they have taken off their King. But after our English-man has been so tedious in his Impertinence , so Fulsom in his Complement , that the Venetian is forc't to condemn his troublesome Civility ( that is ) our Author begins to be asham'd of himself : Why then we come to know , that before this great Secret that occasions our Disquiet , can be disclosed before we can come to know the Distemper , that disturbs our own . We must Discourse of Government in general ; and for the Original of it , the Gentleman is resolv'd to doubt : And why ? Because this Government must be Antecedent to such Authors as could give us an account of it , and the matter of History , as I suppose he must mean , did occur long before they could get Historians to transmit it to Posterity : as for particular Governments , he is forc't to allow the Knowledg of their Originals to be possibly transmitted , and truly , that he might well in Civility consent to , what in Modesty he could not contradict , and Rome and Athens will be found what they were in their Primitive State , so long as we can find Authors that can tell us of a Romulus a Theseus for their Founder . But when the Gentleman is so cruel to himself as to keep close to the Text , that there is no Origen of Original Primitive Government known ( for in truth , these last mention'd might be Modern , and I believe that Rome and Athens were never heard of , when Sodom and Gomorrah were burnt with Brimstone , ) then he is forc't to give himself the Lye , and the word of Truth it self , God and the Bible ; and that he does in excepting Moses from the number of those that had the Help , and Information of any Constitution Antecedent ; as the Founders of the foremention'd Monarchies that were Establisht so long after , might well be supposed to have had for their Instruction ; and yet does that sacred Penman inspired by God himself , almost Coaeval with the World , give us a clear account of all Original Government , from the time that there was a Man to Rule , or a Beast to be governed ; and that too of an absolute Monarchical Empire : So that all what the sublime Speculations , of this refin'd Politician can cavil at , is only , that we can't give him an account what was done before Adam , what truly was the Constitutions of their Government , and whether the Prae-Adamites liv'd like our English-men under a true Monarch , or like the Venetian Republick , under an insignificant Duke : For this certainly must be the Consequence of his Inconsiderate Assertion , that Original Government is unknown , at the same time that he excepts Moses from the Number of those that Establisht a Particular one ; which by the Consequence of his own Concession must be the first General and Original , unless he allow another before it , dis-believe the very Bible , and give his God the Lye : But he is not the first Author that has fancyed Prae-Adamites , and writ about them too : Besides his Brother Heathen the Stagyrite , as great a Philosopher as his Plato , tho not so Dogmatical , makes it more than an Hypothesis , one of his Principles that our World was Eternal ; and then indeed we shall be puzzled for this Original of Government in General , for lack of a Creation ; when the Bible shall be baffled , and Books of Moses at a loss . But I wonder since he allows that Primitive Penman , to be one inspired by God ; and excepts him too from the Number of those that have transmitted an account of the Original of particular Governments , which must imply that he did of that which was General , and so contradict his first Position , ( That we wanted such a Tradition ; ) that yet all the while he won't take notice what is the account he gives , and what 's the first , this Moses mention'd , without doubt he knew the very Consideration of it would confute him , and that he would be confounded by the very First Chapter of 〈◊〉 : And therefore he presently takes it for granted that Politicians 〈◊〉 , ( tho none but such as himself ) that nothing but Necessity made the first Government : But then , what does he think of the Dominion that the Almighty gave in express Words to his created Man ? was it only to extend to the Beast of the Field , and Fowls of the Air , and every Living thing that then moved upon the Face of the Earth ? or ought it not in Reason be applyed to those Beings too that should be hereafter the product of those Beasts , and that of his own Loyns ; but even God himself confirm'd the Donation of this power afterward , to make it more sure , made him Ruler In an 〈◊〉 Subjection over his Wife Eve , and afterward subjected Abel in a subordinate one to his Brother Cain . 'T is strange and prodigious to me , that Men professing Christianity , Protestants even to a fault , in being fill'd with Fury instead of a sober Zeal , yet should so warmly contend for the Doctrines of profest Atheists , and pursue with heat the Principles of avow'd Papists . Does not Mr. Hobbs teach us our Original State ? was that of War ? and this Political Atheist tells us as much , that Man was first born like a Beast , 〈◊〉 to prey upon one another ; does not Bellarmin declare by Nature all Men were equal , and this Pseudo-Protestant informs us , Every Man has a Right to every thing . What can this Harmony mean with the profest Foes to all Religion , and avow'd Enemies of our own ; but that these Sycophants dissemble with their very God , when they declare for his Worship , and would close with the Devil for its Extirpation ? 'T is plain , they do with the Positions of the rankest Jesuites , and the Fiends in Hell can't be made more black than themselves do commonly paint that Society , whom I am afraid , as the Indians do their Gods , they only make the more ugly for Adoration : In the next place , all Paternal Right must be laid aside ; that 's a thing so ridiculous as not to be mention'd : But I hope 't is only so because inconsistent with his Principles , when we have so many Texts of Scripture for its Confirmation ; and Aristotle that learn'd Heathen , tho a Native born even in a Republick , places that Original of all Despotical power in the heads of Families , and I can't 〈◊〉 where a man that has a Power to 〈◊〉 it over some few , has not a share of Sovereignty too , as well as he that has an Empire over many more : The Government of those Families , and the setting their Father a Ruler over them in their several Tribes , was really from God , as appears plain enough from the Old-Testament ; and that without doubt made Paul to make this of a larger extent and Interpretation in the new , when he tells us expressly that all Powers are ordain'd by God , and there are none but what are from him : But they 'll say this may be applyed to any Democracie which is a Power too : But then it may be as boldly replyed , That they are not of his Ordination ; for we have the Authority for the sole Sovereignty of every Father of a Family , from the very first Original of the World , and that of their Popular Supremacie , never commenced , but by some Division in a Tribe or Family , and even then they made some Head in that Division , which was no more than what we now call Rebellion and Vsurpation . The first Original of Monarchy , he resolves into the Corruption of the Times , which the preposterous Statesmen ought rather to have made the product of their Purity , at least of their desire to be bettered and purg'd , for allowing what he says , some better Government ( tho the greatest Opposers of the Divine Right , grant that of a King to be the best ) might degenerate , upon the disorder of Times and Debauchery of Manners , into Monarchy , ( which the resolute Republican is resolv'd shall be the worst ; ) yet still his own very Argument shall contradict his reasoning ; and in spight of his Villanous Principles prove it the best : For if manners be deprav'd under another Form of Government , and that the People grow so careless as to neglect the Constitution and Frame of it , as not worth the keeping , and so uneasie under it as to admit any Usurpation and Intrusion of a sole single Soveraignty ; certainly they must have a very bad Esteem of their preceding Government to suffer it to be utterly abolish't , and somewhat at least of a good opinion of that new Soveraignty in a single Person , so easily to admit 〈◊〉 ; for the depravity of Mens manners can never arise to such an Acme of transcendent Wickedness , as only for mischief sake to undermine a Government they think the best , and for an Instance , their own Malitious Accusations as common as they are False , fly in the very Face of this Conjecture ; for they make now the most Debauch't Atheists at present , the greatest Sticklers , for our Government . Now if the Depravity of their manners would make them neglect the Monarchy they love , I am sure we have such a Number of true Profligate Villains on their side that as Mortally hate it , that we should soon have it undermin'd : 'T is a strange Paradox that a Republick which was always the result of a Rebellion , and which is restless till it return to that Government from which it revolted ; should be lookt upon by these prejudic'd , preposterous Politicians , for a piece of 〈◊〉 , which can proceed from nothing else , but from the Turbulent Hunjour , and discontents of some restless Spirits , that dislike the Constitution of that under which they were Born ; and would that of any to which they are Subjected , yet still can Fancy that Monarchy which they will have Establish't by the common Consent of the People , to proceed from a Corruption of their Manners ; when this their Peoples Consent , and Unanimous Agreement for it , should determine him at least to think it eligible for the best : And if the People that in a defection from a Government ( who must be supposs'd the least Number , ) shall be allow'd to reform for the better by running into a Republick ; as I know he thinks of the Rebellious Dutch ; yet why should not even there the Universal Consent of almost all the King of Spains Subjects in retaining of their Monarchy make it preferable ; much Over-ballance the Scales , against the revolt of an handful of Rebels ? unless he Fancies the Nevills , the Sydneys , the Harringtons , &c. the Wisest and the most Honest part of the World. And that they are always among such Renegadoes . And can in Reason three or four petty Common-wealths , most of them in Europe too , and such as by the Machinations of some of these sort of 〈◊〉 Contents , and by the Poison of their Principles , were Debauch't in their Loyalty , and animated to Rebel ; be so prevalent an Argument as to perswade Men in their Wits , that the Monarchy's in which almost all our Christian World Conspires , and all the Heathen agrees as far as it is known ; and which Government we have still found even in those unknown parts as far , and as fast as they have been Discover'd ; that this all the while must be the worse Frame , only from it's being by so few rejected , and so generally receiv'd ? But to Convince any reasonable Soul unprejudic'd , that these Democratical Devil 's wont stick to give their God the Lye , and set themselves a Contradiction to all History and Truth , this Daemon of Plato ( as an Ingenious Author and Answerer of his Diabolical Principles has Naturally nam'd him ; ) let him but consider this 〈◊〉 Falsehood of his Factious Heart , tho that I believe fails him too , in asserting this Impudent Paradox : That Moses , Theseus , Romulus , were the Founders of Democracies , when for the First his own God , if he believe any , and against whom he Rebels too if he do , had appointed him the Supream Ruler , and also a Judge , to lead them in their Decampments , and give them their Laws in the Camp , against whose absolute Monarchy he can object nothing but that they did not call him King , and yet even that is done too by those Primitive Rebels in the Rebellion of Corah ; when they Expostulate with him for making himself altogether a Prince over them ; that is , what our Modern ones call Arbitrary , Absolute ; but even that is literally said , and Moses was King in Jesurun . And will our Murmurers at the Lords Anointed never be Convinc'd till they are Confounded with the same Fate , till Fire come again from Heaven , or they go quick down into Hell ? The Survivors of those discontented Mutineers upbraiding Moses for destroying of that Rebellious Brood , whom God only in his Judgments had destroy'd , the Almighty would have Consum'd them too in a moment ; neither was his Anger stay'd till Fourteen Thousand fell in a Plague , our Land has Labour'd under all these Judgments ; but because the Almighty's resentments of our Rebellious Practices ; are not declar'd to us as of old , out of a Cloud , and he does not reveal himself now to his Vice-gerent , as then to his Servant Moses ; and the Glory of the Lord discends not in a visable Brightness upon our Tabernacle , Must we therefore be so vainly blind as to think they were not sent us for those Sins that have most deserv'd them , our Conspiring against our Rulers ; especially when the manner of our Punishments has been so Remarkably the same with their sufferings , as well as our transcrib'd Villanies the very Copy of their Crimes ? For that of Theseus we have the good Authority of an Authentick Historian that writ his Life , who tells us when he first went to reduce them to one City , and the Government of ONE ; the Common Ordinary people were well enough pleas'd with his Proposal : And to those that were Powerful and Great , he told them his Government should not be altogether Regal , ( which in their Greek , was Tyrannical , ) if they would allow him for their King ; this prevail'd he says upon them too , either out of Fear of his Force , or the Power of his Perswasions ; now can such a False and Factious Imposture , can such a Wretch Insinuate well his being no King , that calls himself so ; and only because he Consulted their Opinions in Weighty Affairs make it a Democracy ? then we need not contend here for a Republick , our King still Consulting his great Council in Arduis Regni . And for Romulus his founding his Rome a Democracy , so far from truth that I defie him to show the least shadow from any Colour of History for such a piece of Imposture ; Florus in the very First line of his Prologue calls him King Romulus , and in the same tells us Rome in it's first Age and Infancy , for about two hundred and fifty years , was Govern'd by Kings : Tacitus too in his very first , Remarkable too for an unintended verse , tells us , that in the beginning 't was Kings had the Government of the City of Rome ; and afterward tells us this very Romulus Govern'd them Arbitrarily and at his will , Sext. Aur. vict . says he was the first King of the Romans , that he lead them forth against the Sabines ; that he sought , and that he made a League , which none I think but Kings by themselves can do ; so that should it be allow'd , what is contrary to some of the very Express Words of our formention'd Historians , that Romulus was not an absolute Prince ; yet still here is still matter , and Evidence enough to make him a Monarch , and the Government of Rome Monarchical : which surely Contradicts his extravagant Assertion , That it was a Democracy ; unless he can reconcile the Contradiction of , Sole Soveraignty with the Government of a numerous Senate . Another of his pretty Paradoxes is , that all Empire is founded in Dominion and Property ; and that must be understood too of a Propriety in Lands ; so that where a Prince has not a foot of Land , he can't have twelve Inches of Power , a Position that would confine some Princes Authorities in the Dimension of a Span ; notwithstanding Kings are said to have such long Arms ; but pray let this positive Politician tell me , How it comes to pass that the Property of an owners Land is so inconsistent with the Prerogative of a Prince over those very Lands that he owns , or why those that have the greatest Interest in this his property must presently have the greatest Portion too of Power and Property , in the Government ; that is ( only to contract his Absurdity ) why the Peasant that has two Acres of Land , and the Prince that has but one , should not presently be prefer'd to be the Prince , and the Prince Condescend to be the Peasant ? The Question might be soon answer'd with another Quere , Why this King cannot be as well Born an Heir to the Crown , as his Countryman to the Cottage , tho the latter commonly has Land about it when perhaps a Crown may have none ; For certainly according to his Position , a King must have but an Insignificant Power , that has not a Foot of Crown-lands , and then to have it to any purpose , to extend his Empire over all his Subjects , the Hereditary Lands of the Crown ; must by his own Rule necessarily make up more Acres then all the Kingdom besides ; and as he observes , that within this 200 years the Estates of our greatest Nobility by the Luxury of their Prodigal Ancestors being got into the hands of Mechanicks or meaner Gentry , by his own Platonick Dogma these Plebeians must have the Power and Authority of our Nobles ; that is a Rich Commoner must presently run up into the House of Lords , and a Lord perhaps less wealthy descen'd into their lower-House , for they must allow their Lyes more power in our House of Peers , they being a Court of Judicature , which the other can't 〈◊〉 too . The Disorders , Confusions , and Revolutions of Government , 〈◊〉 would ensue from the placing this Empire , and Power , only in Dominion and Property ; which according to his own extravagant Position , I think may be better render'd Demesn , would be altogether as Great , as those absur'd Consequences of this Foolish Maxim are truly ridiculous ; for we must necessarily have new Governours as often as a new Demesn could be acquir'd ; for meaner Persons must have greater share too in Publick Administration's , assoon as they grow mightier in possessions : But besides this simple suggestion as full of Folly as it is , carries in it's self as much Faction too , it is but another Invention of setting our Parliament again , above our King , and the making him according to their old Latin Aphorism , Greater than a single Representative ; and less than all the Body Collective ; for he thinks it may be possible the King may have a greater portion of Land than any single Subject , but I am sure it can never be that he should have more than all ; but this Sir Polilick 〈◊〉 , has wander'd so much in the wide World , that his Wits are a straggling too ; so full of Forreign Governments that he has forgot the 〈◊〉 of his own . Is it not a receiv'd Maxim in our Law , that there is no Lands in England , but what is held mediately , or immediately from the King , that are in the hands of Subjects ? does not himself know we have nothing of an Allodium here , as some Contend they have in Normandy and France ? tho they too are by some of our best Civilians contradicted ; and as great many Eminent Lawyers of their own tell us that the Feudatory Laws do obtain , and are in force through all the Provinces of France too ; so that their Lands are there held also still of some superiour Lords ; and he knows that our greatest Estate here in Fee , is not properly free , but held mediately or immediately of the King or Donor to whom it may revert ; and 't is our King alone as our Laws still acknowlege that has his Demesn his Dominion free and holds ofnone but God ; and our Lord Cook tells us , whom this Gentleman may Credit , as having in some things been no great Friend to the Monarchy as well as himself ; yet that Eminent Oracle tells us that no Subject here has a direct Dominion , properly , but only a profitable one , ( not much better perhaps than the Civilians usufructuaries , ) and what becomes now of this Gentlemans & the peoples Power , & Empire , founded in Dominion and Demesne ? must the King have the less Power over his Tenants , only because they hold the more , and can't he have a right of Soveraignty over the Persons and Estates of his Subjects without Injuring them or their property ? or must his Subjects , according to this unheard of Paradox , as this their Property grows greater , encroach the further upon his Power and Praerogative ? none but our Elect Saints must shortly set up for our Governours , and I know this Factious States-man can't but favour his Friends Anabaptists and Quakers , his absurrd Politicks here Extraordinarily suit with some of their mad extravagant Principles , he lets them know , Empire is founded in Dominion ; and they thank him , kind Souls , and tell him Dominion is founded in Grace . Two or Three whole Leaves the Copious Author has alotted for the service of the Church and Glergy ; and there we find the Devil of a Re-publick has so possest the Politician ; that he openly declares against God and Religion , and his Atheistical Paracelsus that confirms his Brother Brown's Aphorism , to be none of his Vulgar Error ; that 't is thought their Profession to be so ; I mean the Doctor in his Dialogue , interrogates his Matchiavel what he thinks of our Clergy , why truly 't is answer'd : He could wish that there never had been any , the Christian Religion would have done much better without . He presumes much it seems upon his own Divinity , but if that be no sounder then his Politicks either of them is enough to send him to the Devil ; and on he goes , in a tedious railing against the Frauds and Rogueries of our Church when t was Romish , all impertinently apply'd to the present , that is now so much reform'd . But would not the most refractory Jew , take this Snarling Cur , for a Mungrel Christian , that libels that only Church that maintains the Gospel in it's greatest purity ; and as a wise Prince well observ'd the most reform'd in the whole Christian World. And 't is 〈◊〉 wonder now , that such irreligious Impostors , who have so little veneration for the Church , should broach such pernicious Doctrines against our State ; to which , after so long and preliminary Impertinence that half the piece is made a Preface , the Courteous Traveller is at last arriv'd . And first he begins with their old Factious assertion that the Soveraign power of England is in King , Lords , and Commons , making his Majesty but one of their three States : we all know when this pernicious principle was first set a foot , what it terminated in , BLOOD , and that in the Destruction of the best of Governments , with the best of Kings ; we quickly saw , when once they had made their Prince Co-ordinate , they soon set up their own Supremacy , and then assoon made him none at all . Did this prophetick Daemon foresee from his Astrological Judgments , that his House of Commons were drawing another Scheam of Rebellion , and that they had prepar'd a draught of a second Covenant not only for making our King Co-ordinate but Leveling the Monarchy with the Ground ; yet'twas convincing enough to me before that the broaching of the very same principles , did as really design the same subversion of the State ; this Plot might as well have been seen in 80. when this Author and as great Incendiaries appear'd in publick , and so popular ; and well might a late House of Commons animadvert on our Judges for suppressing such Seditious Libels , which were so Zealously kind , and impudently bold , as to set up their Supremacy , it had been ingratitude not to stand by those Villains that for their sakes had forfeited their Necks . This very same Principle of the Subjects Soveraignty was Printed , and publish't in 43. preparatory for the Covenant , which the Commons had then call'd for out of Scotland ; and up rises this Ghost again in 81. as if even then it had heard , ( for Spirits are very Intelligent ) of an Association talk't off in Parliament ; but I 'll tell him in short why the Soveraign Power of England , is not in King , Lords , and Commons ; because King , Lords , and Commons are not all Soveraigns , may not our Monarchy be call'd Mixt in Opposition to its being Absolute , and Tyrannical ; without making it a meer Hotch-potch , that if our King will have any thing of his right of a Soveraign power , he must put it in Medley with that of his Subject , as our Sisters are oblig'd in Co-parcenary : But tho he take his Treasonable Maxim , for Reason , and Truth , without shewing the least Law or Reason , I shall shew him from all of them , that it is both Irrational , Illegal , and a Lye. First , 'T is against Reason to Imagin there can be three such Powers Co-ordinate to make up one Soveraignty ; and that our King can at the same time pass for a Monarch , for Soveraignty is inseparable from a King , and that 's the Reason without doubt we promiscuously call him our King , or Soveraign ; and if our Lords and Commons will assume it , they may ee'n take the Crown too ; we saw how the participation of a Soveraign power , tho it was but in a shadow , and that by him that had a better pretence for the Soveraignty then all the Common Subjects can have , by being the Crowns Heir , was like to have unhinged the very Monarchy it self in the Reign of Henry the Second ; and rais'd such Commotions in the State till it was almost overturn'd : And I am sure we have found , and felt , that this Co-ordinacy of their three States , terminated at last like the participation of that Co-parcenary Prince , into an insolent demanding of the whole , and what they had made but half the Kings , they soon made all the People's ; until the Government was quite run of the hooks , and the Nation engaged in an unhappy War , and a down-right Rebellion . Does not the very Etymon of Monarchy it self express the sole Soveraignty of that Government they would make so preposterously Mixt , and even Archon alone , which was the next Titular Appellation , the Loyal Athenians gave to the Son and Successor of their Matchless Codrus ; only because they thought that no Succeeding Prince could deserve the Title of Tyrannus ; which they made to terminate with him , only because they presum'd his goodness 〈◊〉 imitation . Tyrant then was not apply'd , as some of our Inveterate Traytors have done it since , in it's Corrupted sense , ( tho to the most merciful King , ) for a Tarquin or Caligula ; yet even this word Archon without addition of Sole that Moròs that has since succeeded to make it Monarch , was then an Absolute Government of one amongst the Athenians , and continued so in the same Family for a long Season ; till at last by popular encroachments it was made Annual , and this Contender for this Co-ordinate power of the People , has expos'd his Damnable designs so plainly to his Disputants , that his own Conscience and Soul up-brai'd him for the Villany , and makes his Venetian interrupt him for making an English Monarch , but a Duke of Venice ; tho the Doctor , the Pontaeus of the people , that sucks up all the Poyson of Rebellion , like that of Toads , only for the Tryal of his Skill , and then thinks to cheat the Devil with an Antidote : He politickly opines however , that he has made him too Absolute , if ever there were a medley of more Malitious Villains 〈◊〉 to Libel a Government I 'll forfeit my Neck too it , as well as they ; Heaven and Hell must be reconcil'd ( which without a Recantation , will be so for their Confusion ) before these their Contradictory defamations can be made consistent : But in this the Politick Rebels agree , to secure an Odium upon our Monarchy in both extreams ; and making the most opposite Objections serve for one and the same purpose , it 's absoluteness and Tyranny must make it all Bug-bear formidable , frightful , at the same time that their holding the Reins shall render it all Hobby-Horse , Ridiculous and Contemptible . Secondly , I 'll shew that this their confounded principle of perfect Confusion , is not only against the Fundamental Law of the Land , but against the sense of every Law , that ever was made in it . Every preamble , of an Act ; and that ofevery Proviso there , runs with A , Be it Enacted by the Kings most Excellent Majesty , by and with the CONSENT of the Lords Spiritual and Temporal , and the Commons in the present Parliament Assembled . And then let any sober person Judge where lies the Soveraignty , would it be suffer'd to be thus exprest were they not satisfy'd they were not all Soveraigns , or if they were , ought it not according to this Rebel and Republican , run , We the King , Lords , and Commons Enact , but I 'll let him know how and what the Libertine would again have that Enacting part of an Act of Parliament to be , tho the Politick Knave ; fear'd it was too soon yet to declare plainly for an Usurpation , viz. Be it Enacted and ordained by his Highness the Lord Protector . Or the Parliament of England having had good Experience of the Affection of the people to this present Government , by their ready Assistance in the defence thereof against Charles Stewart , Son of the Lale Tyrant , and his Forces invading this Nation , do Enact , &c. That our Kings in the time of the Saxons , Danes , and some part of the Normans had more absolute Power over their Subjects , than some of their Successors 〈◊〉 , himself can't deny , the Charter of Liberties being made but in the Reign of Henry the Third ; and when the People had less of Priviledges , the Kings must be supposed to have had more of Praerogative ; therefore we shall examine only what and where the Supremacy is at present , and where the Laws of the Land ; not the Will of the Prince do place it . In the Parliament that was held at York in Edward the Seconds time , The Rebellious Barons that had violently extorted what Concessions they pleas'd from the Crown , in His ( like those in the three foregoing Reigns , when they seal'd almost each Confirmation of their Charter in Blood ; ) were all censured , and condemn'd , and the encroaching Ordinances they made in those Times all repeal'd : Because says the Statute , The Kings Royal Power was restrain'd , against the Greatness of his Seigniory Royal , contrary to the State of the Crown , and that by Subjects Provisions over the Power Royal of the Ancestors of our Lord the King , Troubles and Wars came upon the Realm : I look upon this as an absolute Acknowledgment of a Royal Power , which is sure the same with his Soveraign ; sufficiently distinguisht here from the Parliaments , or the Peoples co-ordinate Supremacy , for those condemn'd Ordinances were lookt upon as Usurpations upon the Kings Supremacy , which they call the Power Royal of his Ancestors , and not as our Author would have too , of the Sovereign power of Lords and Commons . At the Convention of the three Estates first of Richard the Third , where the Parliament call themselves so ; themselves expound also what is meant by it . And say it is the Lords Spiritual , Temporal , and Commons of this Land assembled in present Parliament ; so that we have here the whole three States , besides the King , owning themselves such , without assuming to themselves a Soveraign power : recognizing the Right of Richard , and acknowledging him the Sovereign : And tho I shall for ever condemn , as well as all Ages will , their allowing his Usurpation a Right , which was an absolute wrong ; yet this is an undeniable Argument , that then they did not make their King Co-ordinate with themselves ; made themselves , declared themselves , three States without him , and acknowledged their King the Sovereign and Supream . That Act that punisht appeals to Rome with a premunire in Henry the Eighth's time , gives this Reason why none should be made to the Pope , nor out of the Kingdom ; because the King alone was only the supream head in it : It tells us expressly , That England is an Empire , that the King the Supream Head has the Dignity , and Royal Estate of the Emperial Crown , unto whom a body Politick divided into Terms and Names of Spirituality and Temporality , been bounden 〈◊〉 next to God , humble Obedience , &c. Who has furnisht him with Plenary , Entire , Power , 〈◊〉 , Authority , Prerogative , and Jurisdiction : Here his Body Politick is devided into Spiritual , and Temporal , here he is called the supreme Head , and here I think is a full Recognition of his sole Sovereignty : And 't is strange that what a Parliament did in Opposition to Popery , should be so zealously contradicted by such Sycophants that pretend so much to oppose it . In the next place , he tells us of an error he lay under , that he thought our Commonalty had not formally assembled in Parliament , before Henry the Thirds time ; but of that now is fully convinc'd , by the Labours of some learned Lawyers whom he names , and lets them know too how much they are obliged to him for the Honor : But I suppose he reads but one sort of Books , and that such as suit with his Humor and Sedition , and of that Nature he can meet with Variety ; for I dare avow that within the space of six years , all that ever was or can be said against the best of Government ; our own , all that was , or ever will be rak't up for justifying a Rebellion , and restoring a Republick , from falsifyed Roll , and Record ; from perverted History , and Matter of Fact ; by Pens virulent , and Factious , with all the Art and Industry , and whatever thought could invent for its Ruine and Destruction , has been Printed and Publisht ; such an Universal Conspiration , of Men of several Faculties , each assisting with what was his Excellency , his Talent in Treason , which seemed to be the Task-Master of the Town , and Monopolizer of Trades . But our Politician might return to his old Opinion again ; did he but consult other Authors , I believe as learned Antiquarians ; I am sure more Loyal Subjects : who can shew him that the Saxons Councils call'd the Witena Gemotes had in them no Commons : That the Conqueror call'd none of them to his great Councils , none in those of his two Sons that succeeded , nor none in any of the Parliaments down to Henry the Third ; my Lord Coke tells us of the Names this Parliament had before the Conquest , as Sinoth , Michel , or Witena Gemote , which he says implyed the Great Court or Meeting of the King , and all his Wise Men : And also sometimes of the King with his Council of his Bishops , Nobles , and the Wisest of the People ; and unless from the wisest of the People , and all his Wise Men , they can make up an House of Commons ; I am sure from this Authority , they can have no proof , and from Wise Men can be gathered nothing , but such as were Noble , or chief of the Realm ; for the meaner sort , and that which we now call the Commonality , were then far enough from having any great share of Learning , or common Understanding ; and then besides these Wisest of the People were only such whom the King should think Wise , and admit to his Council , far from being sent by their Borroughs as elected Senators , King Alfred had his Parliament , and a great one was held by King Athelstan at Grately ' which only tells us there were Assembled some Bishops , Noble-Men , and the Wise-Men whom the King called , which implies no more then those he had a mind should come . But the Antiquity of a Parliament , or that of an House of Commons is not so much the thing these Factious Roll and Record Mongers contend for , 't is its Superiority , Supremacy ; and there endeavours to make them antient is but in order to the making their Power Exorbitant , and not to be controul'd by that of their King ; whom in the next place , this Re-publican can scarce allow the power of calling them at his Pleasure , and dissolving them when he pleases : But so great is the Power of Truth , and the Goodness of the Cause he Opposes ; that he is forc't to contradict himself to desend his Paradoxes . For he tells us the King is obliged with an hear say Law , which his learned in the Faculty and Faction can't find out yet , to call Parliaments as often as need should be , that is they think fit : And also not to dissolve them till all their Petitions were answered ; that is , till they are willing to be gone : But then will I defie the Gentleman to shew me the difference between this their desired Parliament and a Perpetual sitting : do not these industrious Endeavours for such a perpetuity of them plainly tell us , 't is that 's the only thing they want , and that they are taught experimentally ; that , that alone run the three Kingdoms into absolute Rebellion , and ruined the best of Kings : and can as certainly compass the Destruction of the present : But I 'll tell the lump of Contradiction first the words of our greatest Lawyer , and then his own , Cooke says , none can begin , continue or dissolve a Parliament but by the Kings Authority : Himself says that which is undoubtedly the Kings Right is to call and dissolve Parliaments . 'T is impertinent to labour to contradict that which he here so plainly confutes himself , the Statesman being so big with his Treasonable Notions , so full of his Faction that his Memory fails him , makes him forget his own Maxims , and makes his subsequent Pages wrangle with the Concessions of those that went before . His next Observation is a perfect Comment upon his Text that had in it implicit Treason before ; he tells us in Justification of the Barons Wars , which all our Historians represent as a perfect Rebellion , That the Peers were fain to use their Power ; and can he tell me by what Law Subjects are impowred to Rebel . He calls it arming of their Vassals for the defence of the Government : That Bill by which they would have associated of late , that I confess had it past into Act would have made Rebellion Statutable , And they themselves must indeed have had the Sovereign power , when they had gotten their Sovereign to suffer himself to be sworn out of his Supremacy , they might well have armed their Vassals then ; when they had got his Majesties leave to commence Rebels , and Traytors , for the Protection of his Person , and the Preservation of his Crown and Dignity : But these humble Boons were no more 〈◊〉 that Bill must have begged ; and these kind Concessions , no more than was expected from the Grant of a King so Gracious , a Petition that might well have been answered like that of Bathsheba's , by bidding them ask the Kingdom also . The Barons standing in open defiance to the Laws , ( tho they stood up too so much for them ) : He calls the Peers keeping their Greatness , and this is the Sovereign Power the Rebel would have them again set up for , to be great in their Arms , as well as Quality , and demand with the Sword again the Prerogative of their Kings , and the grant of the Regalia ; which in their preposterous Appellations ; was abused with the pretence of priviledge , and right , and which the force of the Field can soon make of the greatest 〈◊〉 and wrong : But in the very next Page 't is expounded clearly what has , may , and must be done in such Conjunctions ; that is , to your Arms. He tells us after they had obtained the framing of their Charters , and I think they were as much as the most condescending Monarchs could grant , or the most mutinous malecontents require ; Then arose another grievance 〈◊〉 and 〈◊〉 for : This was the Intermission of Parliaments , which could not be called but by the Prince , and he not doing it , they ceast for some years to be Assembled ; if this had not been speedily remedied , The provoking Rebel , ( for certainly he is as much so , that Animates a Rebellion , as he that is actually engaged in it , and is by Law so declared ) tells us the Barons must have put on their Armour again , and the brisk Assertors of their Rights , not have acquiesc'd in this Omission that ruined the Foundations of the Government : After all the kind Concessions of the Prince , the putting him upon that which was the taking away of the very remains of Royalty , puts me in mind of one of our late Expressions of a popular Representative , that could declare in open Assembly , as attested by some of the very Members of it , that tho this their Bill of Exclusion were past , ( which was more we see than the most mildest Monarch could grant , or even our House of Peers , sure the better part of our Nation ; could in Modesty require ; ) yet still there was more work to be done , and a Reformation to be made in the Church , as well as the State : The Patriot was prepared to lanch out in such kind of Extravagancies , and told the truth of the Plot before his time , had not calmer Heads interposed and cool'd his hot one into common Sense : several of the Speeches spoken in Parliament , for which its Publisher deserves to be Pillor'd , if not Authentic and True ; and brought before them on his Knees at least for his Presumption if they are : It being here as Criminal to Print Truths at all times without an Imprimatur , as 't is to tell it without leave , even inseveral of those Speeches Publisht in that Paper I reflected on in the beginning , where the Pedantick Author has exposed me in the Tail of his History , that lookt like the Narrative of a Rump : There are as bold Expressions , of as dangerous Designs ; for at the end of one of their Harangues , the beginning of which is only marked with R.M. and its Author may be loth to let any more Letters of his Name to be known ; you have these following Lines ; If at the same time we endeavour to secure our selves against Popery , we do not also do something to prevent Arbitrary Power , it will be to little purpose ; I think nothing can prevent that better than frequent Parliaments , and therefore I humbly move , that a Bill for securing frequent Parliaments be taken into Consideration , can any thing be more Expressive than that the Bill so much clamour'd for , was only the burden of the Song , and that the Ballad it self must have been all to the Tune of 41. when Arbitrary Power never ceased its Cry , till the Parliament was made Frequent , its Frequency never sufficient , till standing and perpetual ; which proyed too as dangerous as a standing Army ; never restless till it had really raised one too , and the Kings Head from his Shoulders ; and can these worst of Criminals make it a Crime , to make the Nation fearful of Parliaments , when there are such Speech-Makers in it : I shall to such Accusers Faces defend them to be formidable , not out of any Apprehension of fear for my self ; for whenever such a Seditious Senate , their Commons , become dangerous again to good Subjects , the safety of the Government must be but in as bad Condition : But it may well terrify even a Crown'd Head , and frighten him from their Frequency , when some of their most popular Members have been since found in an actual Conspiracy , for p●lling the Crown 〈…〉 〈…〉 suffered publickly for Traytors . Sir. G. H. I do agree a Bill for Banishing Papists may do well : But I hope if you Banish the Men you 'll Banish some Women too , consider how to prevent the Royal Family marrying Popish Women ; — No man can doubt but the Protestant Interest has been much praejudiced by his Majesties marrying a Princess of that Religion , Popish Instruments having 〈◊〉 themselves under her Protection : The Country Gentleman wanted the Civilities of the Court being a declared Enemy to all Ladies ; but this shows plain their aims were beyond that of the Duke , and that it was the Sense of some of the House , the Queen was in the Plot , as well as the Opinion and Asseveration of Oats his Oath , against his exprest Testimony given before , Sir E. H. — Have we not ordered several good Bills to be brought in for the securing us against Arbitrary Power ; and shall we now lay aside all those , and be content with the Exclusion Bill only ? which I think will be worth nothing unless you can get more , and what some of those more are is explain ed in the next Oration to it , W. G. — I do admire no body does take notice of 〈◊〉 standing Army , which if not 〈…〉 such a Number as may be but convenient for Guards , and limited as they may not be encreased : All your Laws signify nothing ; the words of that Hellish Association only differ thus , when they swear more modestly only to endeavour entirely to disband all such Mercenary Forces as are kept up in and about the City of LONDON . These are some of the very Words as our Author relates them as they were spoken in his House of Commons ; I do them only that Justice , that this Historian has done to their Honours , or they to themselves : so if these accounts are Authentick ; ( tho I remember when dangerous to Question even the Authority of an unlicensed piece of Sedition ; ) then 〈◊〉 see that many of our late malecontents of the Commons , as ' well as our Plato's Rebellious Barons , were not like to be contented any more with our Kings granting them all the security themselves could ask for their Religion ; then these Imperious Lords were after all their Liberties were fortyfied with an extorted Charter , and made as firm as Fate , 〈◊〉 their foresight could provide . But that nothing would satisfy , unless both lopt off the best Limb of their Prerogative , and allowed them to have Parliaments , without Intermission ; or at least frequent enough for an Usurpation of all the Power that is Regal ; for as the Doctor of Sedition observes , upon the Kings being allowed to Call and Dissolve them , That our Liberties and Rights signify just nothing : So might 〈◊〉 this politick Pis-pot have remarked , That when once it comes to the Power of the People to summon themselves ; or sit so long a Season , till their own Order shall determine the Session ; that truly their Venetian Doeg would be a Prince to the Monarch of Great Britain , and we should soon have less left of a King in England , than such implacable Republicans have of Loyalty ; for I am sure we must in reason have better Ground to dread those dangers , and utter Subversion of the State from their too much sitting , that has been experienced , than they for that panick fear of Tyranny from their 〈◊〉 so often Dissolved , which they never yet felt . But to see the boldness of such Villains for encouraging an Insurrection : The briskness of their Barons that rebelled , for a Charter , and frequent Parliaments , was most providentially brought upon the Stage , when they knew they had forfeited most of their own by their Faction ; and made their House of Commons , from their obstinate proceedings , not likely to be soon summoned when once Dissolved : so that here was a plain downright Encouragement of a resolute Rebellion as Occasion should serve ; and letting the People know they must put on their Armour as well as the Barons , and be as brisk upon Intermission of Parliaments . How far this good Exhortation encouraged an Assassination of our Sovereign , and the succeeding Plot , may be gathered from their attempts to put it in Execution ; and for which both Author and Publisher Merit full as well the Fate of those that dyed for the practising those Principles that they the more primitive Traytors had instill'd . In short , to insist no longer on this black Topick of plain Treason , With what Faith and 〈◊〉 , with what Face and Countenance , can he call that perfect Conspiracy of a parcel of Faithless Peers , a Defence of the Government , that for almost forty Years laid the Land all in Blood ? and with their Witchcraft , their sorceries of Rebellion , that briskness as he calls it , of putting on their Armour , made it imitate an AEgypts Plague , and Anticipate the very Judgments of the Almighty , by purpling her Rivers with the Slain ? can the Defence of a Kingdom consist with its Destruction , or those be said to stand up for their Country that invited an Invader , and swore Allegiance to Lewis a Frenchman , against him that was their Liege Lord : I am sure this was making over their Faith to a Foreigner , and many may think it as much to bee condemned as that of their King his Crown to a Saracen : especially when that by some Historians is doubted ; but their falsehood's confirmed by all : Then was our England like to have been truly France , which they now but so vainly Fear . In the next place , he is pleased to grant the Militia to be in his Majesty's Power ; But 't is only until such a sort of Rebels have strength enough to take it out ; for he tells us the Militia being given but for an Execution of the Law , if it be mis-imployed by him to subvert it , 't is a Violation of the Trust , and making that power unlawful in the Execution : And that which shall violate this Trust , has he reduced to three of the most Villanous Instances , that the most Excrable Rebel could invent , or the most bloody Miscreant concelve , the Murder of three Kings by their Barbarous and Rebellious Subjects : And in all three their strength and Militia were first taken away , and then their Lives ; first he tels us Edward the second forfeited his Executive Power of the Militia ; In misapplying his revenue to Courtiers and Sycophants : Richard the Second for 〈◊〉 Worthless People to the greatest places . And Charles the First , in the Case of Ship Money ; can now the most virulent Democraticks hug such a piece without Horrour at its Inhumanity ? or the vilest of the Faction preserve it from the Flames : can those popular Parliamentarians , and the most mutinous of all our murmering Members , of whom my self have known some that could Countenance this very Book ? can they here defend iusinuated Treason , when Stanley dyed for a more Innocent Innuendo ? but if Faction has forc't from their Souls the poor remains of Reason , will Humane Nature permit such precedents to prevail , that terminated in the miserable Murder of as many Monarchs ? 'T is remarkable , and 't is what I remember ; these very Papers were Publish'd near about one of their late Sessions wherein they were nibbling again at the Milittia ; and could so merciless a Miscreant be put in the pocket of a Member of Parliament , much less then into his Heart , and drop from his unadvised Lips ? can those that come to give their consent for the making Laws , be thus Ignorant of those that are already made ? has not the Military power , for above this 500 years been absolutely in the Crown ? and almost by their Parliament it self declared so in every Reign , was it ever taken out , but when they took away the Life of their King too ? was ever his Head protected from Violence , when this , the Guard of his Crown , was gone ? or can any Hand long sway the Scepter , when it wants the Protection of the Sword ? 1st . Edward 3d. Chap 3. The King willeth that no man be charged to Arm himself otherwise than he was wont in the time of his Progenitors Kings of England , In H. 7. declared by Stat. : All Subjects of the Realm bound to assist the King in his Wars . Queen Mary and all her Progenitors acknowledged to have the Power to appoint Commissioners to Muster her Subjects , and array as many as they shall think fit : The Subjects holding by Serjeantry heretofore all along to serve their Sovereigns in War in the Realm , and a particular Act obliging them to go within or without , with their King ; He and only He has the ordering of all the Forts and Holds , Ports and Havens of the Kingdom , confirmed to this very King , and Cook tells us no Subject can build any Fortress Defensible , Cook Litt. p. 5. And since some of our late Members of the lower House were so tickled with this Authors soothing them with the Kings Executive Power of War forfeitable ; I 'll tell them of an Act expressly made in some Sense against their Assuming it ; and for another Reason too ; because some mutinous Heads would argue to my Knowledge for their Members comming armed to the Parliament at Oxford ; and which was actually done too by Colledge and his Crew . It was made in Edward the First 's time , and expressly declares that in all Parliaments , Treatises , and other Assemblies , every Man should come without Force , and Armour ; and of this the King acquainted the Justices of the Bench : and moreover that the Parliament at Westminster , had declared that to us belonged straightly to desend Force of Armour , and all other Force against our Peace , at all times when it shall please us , and the Judges were ordered to get it read in the Court , and enroll'd . And now can it with common Reason or Sense be suggested , that the letting Favourites have some of the Treasures of the Kingdom , or Courtiers , as he calls it , the Revenue , or the preferring of such Persons as they shall think Worthless and Wicked , which with such Villains as himself are commonly the most deserving ; that this shall be a sufficient violating ( as he terms it , ) of a Kings Trust , to the forfeiture of his Power of putting the Laws in Execution , with which the common consent , of almost all the Laws , and all Ages , have invested their King , as an absolute , 〈◊〉 , singular Right of the Crown . Certainly such an Opinion is as extravagant , as Treasonable , and could enter into the Head of nothing but a Madman , the Heart of none but a Traytor . Next we meet with another Assertion as false as Hell , and then its clear contrary nothing but the God of Heaven is more True ; He tells us , ( after having hardly allowed His Majesty a Negative Voice , at least as such an Insignificant one , as not to be made use of ) That 't is certain nothing but 〈◊〉 of Parliamentary requests produced the Baron's Wars , and our last dismal Combustions ; when I 'll demonstrate to him , as plain as a Proposition in Euclid , that nothing but their too gracious and unhappy Concessions , to their perfidious and ungrateful Subjects , made those mighty Monarchs miscarry : read but any of our Histories , tho pen'd by the most prejudiced , and those that ware at best but moderately Popular , of our first Civil Wars . The Barons , Daniel that speaks most commonly as much as the Peoples Case will bear , tells us his thoughts of those unhappy Dissentions , that neither side got but Misery and Vexation : We see that notwithstanding as often as their Charter , and Liberties were confirm'd ; notwithstanding all the Concessions of those two yielding Monarchs , still more was demanded . The Charter in Henry the Third's was no sooner several times confirmed in one year , but in the next ; presently they fell upon his Justiciary , Hugo de Burg. and he must be removed , or they threaten to do it with the Sword ; Then the poor Prince complies and sends him to the Tower ; Next the Bishop of Winchester is as great a grievance as the Chies Justice was before , for bringing in the Pictavians ; and unless all those are put from him they tell him plainly they 'll depose him from his Kingdom , and create a new : The Bishop is sent away and those Pictavians expelled ; but still were there more grievances , and assoon as one was removed , be sure another would be found out ; and the true perfect Occasion of those Intestine Broils was rather the Concession 〈◊〉 King Henry in his Youth ; they having been used with so much Complyance in his Minority , that being emboldened afterward with Age he grew too much a Soveraign to be overaw'd , or overreach't by his Subjects ; and they having been accustom'd not to be oppos'd in their encroachments on the Crown , which they had been long Habituated to , he being Crown'd an Infant and they having the fresh Precedent before them with what arrogance they us'd his Father John , upon any the least denyal betook themselves to the Sword , for this you 'l find ; if Occurrences of those Times be but Impartially examin'd : and for his Second Instance of our late Kings time , his abominable Falsehood so far from Truth that not only Narrative and Record , but the very Memory of man can give him the Lye ; did he not grant them , these very Villains insolent demand Parliaments at last without Intermission ? was there not a Triennial one first Insolently demanded , and as Graciously consented to ? was not that as ungratefully thought insufficient , and nothing could satisfy , till unhappily settl'd during the pleasure of the two Houses , an Act of Concession which the 〈◊〉 〈◊〉 Prince could himself call , ( as 〈◊〉 it was ) unparallel'd by any of his Predecessors ; nothing but their Ingratitude could equal so much goodness , and only for bettering of theirs , the Wretches 〈◊〉 his own affairs should be the worse , what punishment would the Law have found for such Monsters of Ingratitude , that punisht once all Common Offenders in it with Death ? were not his Gracious Answers at last to the Propositions , so full of Concession , that some of the Cannibals that thirsted for his Blood , could Vote it a Ground for the House to proceed upon for Peace . Lastly had he not granted to his Inveterate Foes , whose Necks were forfeited to the Gibbet , the Heads of some of his best Friends , till he had none left to dispose of but his own , and that at the last must be brought to the Block . And can such an impudent Daemon , the very spawn of the Father of Lyes , thus confidently now declare that obstinacy , Denyal in the late King was his Ruin ; but his misery and misfortune , has unhappily left tho for us happy ( could a Nation be said so under such a loss ) such Politicks written in his Blood , that all those of such Rebels and Republicans can never undermine . In the next place the State Empirick comes upon the Stage and that only to vilify our Court of Chancery , which with all Persons that can but distinguish Equity from the Rigour of the Law , must-be had in Estimation ; the greatest Objection his utmost Malice can asperse it with , is only , That it may be Corrupted , and so may the best of things , whose Corruption is the worst . There may be Roguery in Clerks , he thinks , in entering Rules ; and so their may be more Dangerous Knaves among Doctors , that can prescribe a dose of Sublimate for Mercurius dulcis ; and such a Villany in his Art , is sure more fatal then the worst that can occur in their faculty , that at the worst can but bereave you and that long first of your Estate . This Ruffian in a Moment robs you of your Life ; and I should chuse to live a little in the World , tho a Beggar , than be sent out like a Rat. The Ridiculousness of his Objections can't be answer'd , but with such Merry ones as I make . But to let him know I can defend the Constitution of the Court in Good Earnest , so far is it from Obstructing his right by the Common-Law as he Ignorantly Objects , that it 's a 〈◊〉 Commonly never to relieve him here when he can have his Remedy there , but always in Justice and Equity renders him that right which the Rigour of the rest many times forecludes him off , where the Common can't Compel a man to an agreement this will enforce it , Recoveries of Legacies , Performance of Wills ; otherwise Irrevocable , and not to be Compel'd shall be obtain'd here . It enforces the Husband to give the Wife Alimony , and perhaps the Doctor dislikes it for that , and certainly this must be a greater Solaecism than he can suggest in contradiction to the Court , that a Court of meer Equity to moderate the Rigour of the Common Law , should Injure their Petition of Right or Invade the Liberty of Magna Charta . But that which is more Ridiculous and False , is his Foolish fear of Injustice from such a single Judge sitting in the Judicatory , and his Impudent assertion that never any Country in the World had such a way of Judging . For the first , ( should we not consider the prudence and Integrity of that Honourable Person that presides in it at present whose Equitable determinations were sufficient to supersede and silence such a 〈◊〉 suggestion ) it is morally impossible there to meet with Injustice ; where nothing is decreed but upon a Fair , and Full Examination of Witnesses and the Judges hearing what can be alleaged by Counsel on both sides . All the Panick fear that Alarms him , is that the Prince ( for such is the Malice of a Republican that nothing can be thought Wicked enough for a King , ) may put in a Person that may Act against Right and Reason , carried away by Passion and Prejudice , and at best but a Tool for the State. If the possibility of such vain suggestions shall prevail for an Extirpation of an Officer of Justice Co-oeval , if not before the Conquest , and still Recorded for his just Administration , I will allow what can't well be granted , this Emperick to pass for a Politician , and the same Monumental Folly , will serve for as Ridiculous Objections against all other Courts of Judicature , where the King , has the power of placeing in it whom he pleases ; and they all Subject to the Passions and Infirmity that any single person , and in their Breast too lying all the Decisions of any Controverted Law. But that such a single Judge sitting in Judicature , such a Tribunal is scarce in any Country of the World , is most absolutely FALSE ; the Civil , the Law of Nations , and that of almost all the Civiliz'd part of the World has no other Method in deciding Civil causes . Their Libels , are but Bills of Plaint , as in this the Subpaena requires the Defendant's appearance at a certain day in Court , by them a Day in Court is assign'd him to Answer , their Replications , Exceptions , here are Answer and Demurrer . They pronounce Contumax and Ex-communicate . Here goes out Attachment and Commission of Rebellion , through the whole process the same Practise observ'd the same Rules as in all Forreign Courts of Civil Judicature ; where the Decretum finale , or Sententia Definitiva , is in the sole Breast of a single Person as our Common Decres in Chancery . But what is the Law of all Nations will be soon Rebelliously Condemn'd , by those that can't bear with our own ; and are so truly Licentious that they would live without any : But for that Justice of the Venetians which he extols so much in opposition to our own , his Republican Soul would be loth to venture there it 's Human Body notwithstanding it's Equal Distributive Justice , which he would make Arithmetical too , by makeing it so exactly proportionable to the Crime , should he be found there as great a Criminal against that State , as his Publisht Treasons have here render'd him to our own , he would hardly come to know his Fault there till he came to feel the punishment , and would find a Banditi with them to make the best Executioner ; 't is there Sedition , and the Defamation of the Government is punisht assoon as Information is receiv'd , and that with nothing less than Death , and commonly drowning ; no Tryal per Testes and Examinants , but Ferry'd away in one of their Gondola's , which must prove your Infernal Boat too , and the first sight of your Sin is with that of a Confessor , and a Hangman , and thesesure must be most Malicious , Inveterate Villains , that can commend such Judicatures that are rather shambles , for Butchery and Murder , before those of their own Nation ; where a Penny property can't be taken away without a Tryal per pares , and the Law , much less their Life . But if our Republican when he commends so much the Justice of that State , means only what is distributed in their Decemviral Council which is the Supream , let him for a Confirmation of his Error and Folly Consult only the Case of Antonio Foscarini one of their own Senate ; whom upon the bare Testimony of too profligate Russians , that he held correspondence with the Spanish Embassador , ( which with any forreign one for a Senator is their Death by the Law , ) without any Collateral or Circumstantial Proof , without seeing his Accusers , was seiz'd , mussl'd up , clapt in a dark Dungeon , and in a few days sentenc'd to be strangl'd , and which was done accordingly ; the Conspiracy of the Witness was soon afterward detected , his Innocency declar'd ; and the poor Gentleman for want of a due process at Law , plainly Murder'd ; and all the Conviction I wish to such unjust reproachers of the Constitution of any of our Courts of Judicature , that they may never have the benefit of those Laws they Condemn , and only have the Fate to Fall by that Justice of the Republick they so much extol . The Villains that sign'd the Warrant for our late Kings Execution ; did not more Sacrifice his Person , than this Impious Wretch has Murder'd him again in Effigie , with a redoubl'd Cruelty , to blast that unblemishable reputation ; which if Dearer than Life , must be the greater Treason : He tells us the Parliament never made War upon him , because by Law , ( says the Sycophant ) He can do no wrong , but this shall not be allow'd for a Maxim with such Malecontents when it makes for the Monarch : But what if a Parliament of Rebels , put out in their Declaration , that He has wrong'd the Law , and vote that he Levies War to destroy the Fundamental Liberty of the People , to set up Arbitrary Government ; send down a Traytor to keep him out of his own Garrisons , when their Guards could not secure his Life from the rage of the London Rable instigated too by that Villanous Assembly that made his Repairing to Hull for the Preservation of himself , an Insurrection of their King for the Destruction of the People : And can such a senseless piece of Sedition imagin that undistinguishing Bullet they brought into the Field , could be commanded to take off none but Evil Councellors and Seducers ; or that ARMS which soon silence all LAWS , especially when lifted against their Soveraign , would favourable consider his Right , and a Maxim of our own that he could do no wrong . He tells us the King was displeas'd for parting with his Power to dissolve Parliaments , and took unheard of ways to demand Members with Arms : Most Inhumane Wretch even to the Pious Memory of so good a Prince , to give him the Lye in his Grave ; does not himself tell us , as if his Prophetick Soul had foreseen the suggestion of such a Rebel , in his making it his deepest plaint , The Injury of all Injuries is , that some will Falsely divulge , that I repining at the Establishment of the Parliament endeavour'd by force and open Hostility ; to undo what by Royal assent I had done . While at the same time the Contradictory Wretches would asperse him for a resolv'd , and a wilful occasioner of his ruin ; but for the demand of the Members , so far from Irregularity : That this Malicious Accuser , is a double Traytor to his Memory , by being an Abetter of those , that were truly so ; and representing it False , the King was advis'd in Scotland of those Conspirators having Invited that Nation to come into ours Arm'd : And shall not bringing in a Foreign Power , an Actual Levying War be allow'd Treason : He had his Witnesses ready for the proving every Article ; his Attorny had drawn up all their Impeachments , and could not their King have the benefit of those Laws , he gives Life too ? Could not their King Impeach a Commoner ? when they themselves can any Lord. He order'd Him to inform the House of Peers with the Matter of the Charge , and a Serjeant at Arms to accuse them to the Commons : did they , or could they call this an unheard of way , or Irrogular Proceeding ? and will the protection of their House extend to an Inditement for High-Treason , as well as an Execution upon Debt ? certainly this President won't be found among all the Miscellanies of Parliament , tho that Industrious Author might have cited too his Majestys Murder out of their Journal . But let them blush at their late Arbitrary Proceedings against their Fellow Subjects , and Remember what they deny'd their King. Here was an obstruction of Justice , that was already a Rebellion against the Executive Power of the Law , such an one , as only their next Ordinance for seizing the Militia , could make it more so ; the Serjeant that was sent to Arrest their Persons is countermanded , and if again attempted , 't is Order'd , and Resolved they 'll stand upon their Desence , and make Resistance ; how should the Mildest Father of the most Merciful Son , Mollifie so many Tygers Tugging for the Praerogative , with the pretence of Privileges . Why he tells us , himself went attended with some Gentlemen his followers , much short of his Ordinary Guard ; to desire he might proceed against Traytors only in a free , and Legal Tryal , that he had furnisht himself with proof and wanted nothing for that Evidence which he could have produced : But what ( I am sure they were resolv'd to deny their Soveraign ) even what they made the Rabble clamor for against himself , JUSTICE ; the Chronicle tells us , none of his Followers mov'd farther than the Stairs , but only he himself with the Palsgrave enter'd the House , demanded whom before he had Accus'd , and the Villains themselves so Conscious of his Equitable demand , and their own Guilt , that they fear'd their very delivery from their Friends , and that Death I doubt they had so justly deserv'd , the Criminals were fled , he renews his Charge and so satisfy'd , returns ; but so were not those whom nothing could Content at last but his Life , they load it with all the Obloquies , and Exasperations imaginable , such Protectors of Liberties could only think Treason against him worthier of Protection , then their injur'd King ; an Execution of Law , is Voted a Breach of Priviledge , the demanding the Benefit of it by him that gives it it's being ; they made MURDER , the City Guards are set up in several places , the Train-Bands are Commanded down to Westminster , a greater Army sure then only the Kings Retinue to protect Impeacht Traytors , and with the late Hosanna's of our Old-Baily they lead in Triumph , that Primitive Council of Six accus'd for High-Treason , and what Security had this present King that the like Cabal should not have been as well Secur'd from his Justice , had they been but detected in some of their late Sessions , they were all Members too , the Difference between our King and Commons in as high a ferment , the Charge that then was given to the Lords , the Articles that were offer'd to the Commons appear upon Record but the Counterpart of this Kings Declaration ; only there they had not come so far as to contrive his Murder , their Accusation was , for aspersing of his Majesties Government and altering the affections of his People , Countenancing Tumults against him , inviting a Foreign Nation , the Scots , as too this Actually did , and Conspiring to Levy War , as these did to Raise an Insurrection : And might not any Jealous Soul fear such Parliaments , that protected such Traytors ? and might not such Traytors been again protected by such Parliaments , when the City too was their own again , the Guards set , the Watches plac'd , the Streets Chain'd , and that when they could accuse no King for Breach of Priviledge or Coming to their House with Arms , and the having a Guard for their house was offer'd at now when nothing but their King was again in danger ? and can the retrieving the Memory of those immediate Forrunners of our first Misfortunes be made a Crime ? And the most Flagitious Villains concern'd in it no way Criminal , can such a Senate sit till it has Murder'd a King ? and shall not an experienc'd King secure himself from such a Seditious Senate ? that the design of the whole House of late was to raise a Rebellion , is utterly false , but that some of the late Members have actually design'd it since , is Certainly true , 't is attested in their Sufferings and Seal'd in their Blood : The Honour of that Assembly may be no way Tainted , tho both Blood and Issue of some that did sit in it , is since at present so by Law ; a man of Common Sense can apprehend the Constitution of a Body Politick to be one thing , and the Constituent Members another , and this without the help of Metaphysicks or Abstraction , I am Sworn , besides that Natural affection I still shall have for my Soveraign , to be Faithful to my Liege Lord , and should I fail in my Faith , I should be for-sworn ; I know the privilege of having a Parliament is the Interest of every Subject , and should I contend against that , I should be a Fool ; but because there is a necessity of obeying your King , does the same Obligation tye you to an Vsurper . A Parliament is a great Privilege to a Nation , but not so when it Vsurps all sorts of Privileges , that you saw took away it's head , lay'd the Land of it all in BLOOD . I 'll maintain with my last Breath that a Parliament is the Subjects Birth-right ; but God forbid we should be Born to all sort of Parliaments , that would make us Traytors by a Law , and we have many besides what in this Kings were declar'd , by Statute Treasonable . But to return to what is the Blackest piece of Treason our PLATO , was the Glorious Martyr the First aggressor too , or did they first seize his Militia , when they could not have it by Consent ? was the withdrawing of the King , Treason to his Parliament ? or were the Parliament the Traytors that made him to withdraw ? did the King Rebel against his own Garrison at Hull , or was Hotham the Rebel that kept out his King , let even prejudice here determine , what the worst of Malice can suggest : Does Matchiavel he cites , countenance the Licentiousness of the People , or rather allow too much Liberty to his Prince , and make an Hero , of a Tyrant , an Agathocles , and Grotius whom he Libels as much when he makes him to favour a Rebellion , and who has expresly Condemn'd our own . After this Re-publican like a Roman Velite , has held our Monarchy his Foe in play , all in the front of the Book , he begins to rout it entirely when he comes up with the Body , to the Battle , and the Rear , there he tells us plainly the Sweetness the profitableness , of a Common-wealth , that only 't is not to be set up during these Circumstances , that is , 't is too soon , to Rebel yet , and he has found out better expedients ; the King has too much Power , the Presidents of John and Henry the Third , are trumpt up again for being Compell'd to give it away , the Murder of Edward , and Richard the Second , at least the Deposition , of which that is an absolute Consequence , is two or three times again Recommended for Instruction ; and now he tells the Parliament plainly what Branches of the Praerogative , they must insist upon , Power of making War and Peace , Treaties and Allyances , which the Kings wicked Ministers have made Destructive to the Interest of our English Nation : You have here the best of Kings in effect , tho apply'd to the Courtiers , of which I think he must be the Chief , resembl'd to the very Rebel that Vsurpt upon his Crown ; as if it were design'd by him as well as a Cromwel , ( that had no right to maintain himself in the Throne , but the Power of the Sword ) to Crave aid from FRANCE , to keep Vnder his People of ENGLAND . The Militia must be granted them , because out of Parliament , or Session , it being in his hand they cannot raise the County Bands , nor those of the City to Guard themselves , that some irusty Members whom if the King pleases may take care of his Houshold , that a Parliament meet of Course at a certain Day at the usual place without Writ or Summons , and that because Peers depend so much upon the will of their Prince for Creation , they should never be made but by Act of Parliament , I appeal to the most moderate mild Soul Living , whether any single Line of all this absolute Treason has not of late , almost since the Publication of this Damnable piece been 〈◊〉 to be put in Execution , was not the Haereditary Discent , struck at in the Duke ? was not the Militia offer'd at in some of their Votes ? Frequency of Parliaments which would have been as good as without intermission , Clamour'd for in some of their Speeches ; the Nomination of some of the Officers of Power by the People . And lastly was it not agreed to meet without Writ and Summons , when the Major part of Members were to be conven'd after Dissolution , and can any still say that an alteration of the Government was never design'd , by those that were then so busily concern'd , and when some of the most popular and Active , have been since Actually Convicted for the Compassing all this , by the Blood of their King , which they dispair'd of obtaining from his Le Roy vult : But 't is to be hop'd that the God of Heaven , who has brought to Light the Darkness even of Hell , has so much illuminated Peoples understanding as well as Eyes , that the next Assembly that shall constitute this Politick Body , truly Honourable , adsolutely Necessary in it's Constitution , will be such , as will transcend , what has been one of their best Presidents ; An healing one ; and that of those wounds such 〈◊〉 and Doctors have scarifi'd instead of clos'd , and with a merited Vote Condemn such Devils to their own Element the Fire , that have so Seditiously set three Kingdoms in a Flame . But tho this refin'd Statesman , this polisht piece of the most accomplisht Treason , may perhaps value himself upon the Product and Invention of his own Villany , proud of the being reputed a witty Republican , whose greatest Glory here is to be at the best , but an Ingenious Rebel ; yet his very Reputation , tho it be but in his Roguery , must sink too . When you consider ( what I shall soon satisfy any sober Person in , any Soul that has but so much Sense as to distinguish an Author from a Plagiary a Man of Honesty from a Thief , ) that even the very Notions and Principles he Prints for the establishing this Government were formerly Publisht , and proposed by the very Villains that actually subverted it ; not one Expedient in all his Politicks , but what was by sad Experience the very Propositions of declar'd Traytors : The Blessed Wit would rob the Records of an old Rebellion ; and that only to put in for an Inventor of a new ; the worst of Felons , and in Forreign parts punisht as the greatest that Steals his Fellow from the Gibbet : His Book has not only borrowed all from Harrington , I 'll allow it him with all my Heart , and that by what follows you may find . A Parallel between the Propositions sent the late King by the Rebel Parliament , and the Rebellious Proposals of our Plato Redivivus . PARLIAMENT'S . PLATO'S . 1. That all the Kings Privy Council , great Officers and Ministers of State may be put out , excepting such as the Parliament shall approve , and to assign them an Oath . 1. His Majesties Power to nominate , and appoint as he pleases all the Officers of the Kingdom , one of the Powers in the Crown , that hinder the Execution of the Laws , Plat. p. 239. why may we not begin by removing all his Majesties present Council by Parliament ? Page 232. 2. That all Affairs of State be managed by the Parliament ; except such Matters as are by them transferred to their Privy Council . 2. That his Majesty exercise the Four great Magnalia of Government with the consent of Four several Councils appointed for that end , the Councils to be named in Parliament , Page 240 , 241. 3. That all great Officers of the Kingdom be chosen by Parliaments and their Approbation . 3. That the Election of the great Officers be by those Councils ; and those Councils to be chosen by the Parliament , p. 258 , 259. 4. If any place fall void in the Interval of Parliament , the Major part of this Council to chuse one to be confirmed at the next Session of Parliament . 4. Preserving to themselves the Approbation of the great Officers , as Chancellor , Judges , Generals of the Army , p. ibid. 5. To reform Church Government as the Parliament shall advise , to concur with the People in depriving the Bishops of their Votes . 5. That the Clergy , quatenus such , had , and will have a share in the Sovereignty , and Inferiour Courts in their own Power called Ecclesiastical ; this is and will ever be a Solaecism in Government , p. 178. 6. Marriages and Allyances to be concluded in Parliament . 6. The Kings absolute Power of making War and Peace , Treatises and Allyances , one of the Powers in the Crown , that binder our Happiness and Settlemene , p. 327. 7. To settle the Militia as the Parliament have ordered it . 7. The Kings disposing , and ordering the Militia , one of the Powers in the Crown that hinders our Happiness , p. 239. 8. All Forts and Castles to be in the disposal of the Parliament . 8. The King enjoying the Power of garrisoning and fortifying Places , one of the Powers that binder our Happiness , ibid. 9. To imploy only such People about him as the Parliament might confide in . 9. That those of the Four Councils appointed by Parliament , if his Majesty pleases to have the ordering his oeconomy and Houshold , &c. pag. 242. 10. No Peer hereafter to be made to sit in Parliament without their consent . 10. That for the future no Peer shall be made , but by Act of Parliament , pag 252. These made the Substance of those Seditious Propositions , that they prest upon the poor Prince , with which they would have forc't our Charles the First , to the Misfortune and Fate of a Richard the Second ; the most aggravated Misery that can befal a Monarch , the deposing of himself . These were they that filled their Parliament Papers and Proposals to their King at York , the most Insolent that could be proposed surely to a Prince , that was then in a Condition more likely to demand with Arms , what he was denied against Law , whom they might expect to see as they did soon after at the Head of good Souldiers , as well as in the Hearts of Loyal Subjects ; such Insolencies as would have been Insufferable had they tryed , and gained , what was afterward so unhappily gotten that unlucky Fortune of the Day , had they then , ( what their Prosperous Villany did at last effect , ) made their Mighty Monarch their Peoples Slave , and a meer Captive of a King. Carisbrook , and the Isle of Wight could not have born with of much Indignity , as was offered to him here ; when even at Nottingham and York , their Non Addresses when his Person was in the Castle , were less hard , than such an Address when his Standard was in the Field : These were those that provok't even the Mildest Prince to Protest in some rage , That if he were their Prisoner , he would never stoop so low ; These were those by which he must have made Himself , what our Republican would have him now made , of a King of England , but a Duke of Venice ; and with These did they never cease to perplex his unshaken Heart , his unmoved Soul , continually upon all their Messages , Treatises and Remonstrances and Petitions , These still the Subjects of their demands , when their Commissioners were sent to Oxford after their Newbury Battle ; these when the perfidious Scot had gotten him in their Power and Hands at Newark and New-Castle , but bandied then only for the better buying of their King , whom his own Country as basely sold ; then offered rather to make matter of delaying War then truly design'd for Peace , that there might be somewhat in Agitation till the Summ was agreed upon , and his Majesty diverted with the small Hopes of being at last a Titular King , while they were selling him to Foreigners for an absolute Slave . Lastly , with these did they Plague and Pester the Poor Prince , when they had made him a perfect Prisoner at Hampton Court , and how well these Proposals of the late Rebels , agree with the Politicks of this present Republican , I 'll submit even to the most partial Person of the Party , upon the perusal of this Parallel . And what could be the design then , at such a Season , of Publishing such a piece , of our Mutinous Members hugging in their Hearts , and applauding with their Tongues , Printed and Publisht Treason ? But that what was offered in their Plato , was once presented in Parliament , that the Politick Rebel , could be pickt even out of the Journals of their House : That they had Presidents there too for a Common Wealth , as well as in Starkey's Shop ; and hoped to see her Revive again by Vote , as well as by Book . But these blessed Expedients , tho but proposed out of the Press , are the more Pernicious ; at the same time , its Publisher makes them pertinent to what I have here applyed them , the Propositions of a Parliament ; for he tells us he would not have them wrested from his Majesty ; but that he be petitioned to part with them , very seasonably suggested ; I confess , when we were so full of petitioning . He would not have it effected by the Power of the Sword , the Politician it seems is mightily for Peace , and the Preservation of his Majesties Person ; but would only have them raise at first a civil War upon his Soul , use the Son a little more kindly than they did the Father , and not seize his Militia with an Ordinance , because they cannot Fight him with his consent , nor Rebel first against their King with an open War , and then send him Propositions for Peace , and the making him a Slave . And since some of our Seditious Souls have not only a great Veneration left for these Parliamentary Projects , and as great esteem for this Statesman , for the reviving them in his Politicks ; since some that would be thought Persons sober and moderate , can think the Kings Complyance in some of these Grants and Concessions somewhat necessary , and a Trifle of the Crowns prerogative to be pared from the State , as requisite as a Surplice , or Ceremony to be parted with in the Church ; since the Propositions of that Rebel Parliament , and the Politicks of this rank Republican , make up so perfect a Parallel ; It will supersede some separate labour and pains , to be able to animadvert upon them together , and at once ; ( His Answerer will be somewhat obliged to his Authors being but a Thief , ) and will shew , ( that whatever some think , that such pieces of Power might be par'd from the Crown like some sappy Excrescencies from the Trunks of Trees , for the better Nourishment of the Stock , ) that all , and every one of them strike directly at the very Root : That the Government cannot well subsist without them , all ; and that all of them are inseperably settled in the Crown , by all , the Fundamental Laws of all the Land. The first that feels the reforming stroke of their Fury , we find to be the Kings Privy Council ; and what is that ? why their own Oracle of the Law will assure them , the most Noble , most Honorable and reverend Assembly , consulting for the publick good , and that the number of them is altogether at the King's Will : And shall those be numbered now , and regulated at the Will of a Parliament , whom their own Acts , Statutes , Rolls , declare , acknowledge and confess to depend upon the Nomination , Power and Pleasure of the Prince ? would they repeal those Laws of their Ancestors enacted even according to the greatest Reason , only for an Introducing their own Innovations against all Reason and Law ? Can it be consonant to common Sense , that those whom their King is to Consult , and Sit with at his Pleasure ; and that according to the very express Words of Authentick Rolls and Records , that those should depend for their being , and Existence upon the suffrages of such a senate , whom all our Laws declare , has it self no other being , but what it owes to the Breath of that Sovereign , over whom they would so 〈◊〉 Superintend as to set a Council ? can they think that even the Spartan Ephori would have ever been Constituted , had their Kings by as strong Presidents of the Laws of their Land , been allow'd the Liberty of Chusing their own advisers ? or would Calvin himselfhave recommended them , and the Roman Tribunes , the Demarchi , the Decemviral at Athens , had he been assured that their Decrees and Edicts had all along placed it in the power of their Prince to be advised by whom he pleased ? and this Rebellious Project we now are examining , I am sure would prove a greater Scourge , and curb , to our own Kings , than ever the Romans , or Athenians had for the management of theirs ; we must turn about even the very Text , and invert our Prayers to the Almighty ; when a Parliament shall come to Counsel his Counsellors and teach his Senators Wisdom ; when it shall be in the Subjects power to set himself at his Soveraigns Table , you may swear he 'll be first served too , and that with his own Carving ; and therefore were they not forc't to rase Rolls and Records for the making such a Reformation in the State ; Reason it self is sufficiently the Faction's Foe , and as much on the side of those that are the Kings Friends . For let any sober Person but consider , whether the greatest Confusion , Disorder and Disturbance in the State , would not be the Consequence of this very distracted Opinion ; do we not already too much experiment the disquiet of a divided Kingdom to be most dangerous , when but a tumultuous part of a Parliament too much Predominates , this Gentleman 's Quarantia , ( or if you please ) the Kingdoms four General Councils , are to be named in Parliament ; and then what would be the result of it , but that his Majesty must be managed by a standing House of Commons , or at best some Committee of Lords ; they need not then Labour for the Triennial Act of the late King , confirmed by the too gracious Concession of this ; His Councils once their own Creatures , would have too much Veneration for their kind Creators , to diswade their King from a speedy Summons of a Senate ; tho assured , secured of its being sufficiently Seditious , they would soon supersede as supersluous one of the very Articles of such a Counsellors * Oath , where he swears to keep Secret the Kings Counsel ; for by such a Constitution they would be obliged to make a Report from the Council-Board to some Chair-man of a Committee ; a better Expedient , I confess , than an order for ‖ Sr. Stephen's bringing in the Books : And indeed none of the Kings Services should be then called Secret , they would be soon Printed with their Votes , and hardly be favoured voured with some of their own Affairs of Importance , to be referred for the more private Hearing , to a Committee of Secrecy ; the good advise his Majesty might expect from such Councils , might be much like those of late from his Petitioners , And he again told to be the mightiest Monarch , by condescending to be the most puny Prince : My Lord Cook tells us , those Councils are there best proposed for the Kingdom , when so that it can't be guess'd which way the King is enclined , for fear , I suppose , of a servile Complyance ; but here the knowledge of his Inclination , would be the most dangerous to the King ; which to be sure would be opposed , and only because known ; the good the King would receive from such Counsellors might be put in his Eyes , and the Protection the Nation could receive from such a King , must be but in good Wishes , and are we come to deny our Soveraign at last , what every Subject can Consult , his own Friends . But tho this bold Gentleman as arrogantly tells us , that this Privy Council is no part of the Government ; ( his imagined one he must mean ) a Common-wealth ; I 'll tell him more modestly , and with better Authority than a Dixit only of a Platonick Dogmatist , that he might as well have told us too , ( what indeed are such a Republicans real thoughts , ) that the King Himself is no part of it , and shew him both from Law and Reason , that they have a great share in it too . And that the Laws great Oracle tells us too , who is so far from letting them have no part in the Government , that he tellsus they have a very great part even in the very King. That they are incorporated to the King himself . His true Treasurers , and the most profitable Instruments of the State : And without doubt this great part they had always in Publick administrations made them of old so much esteem'd , that in all Rolls , and Acts of State , they were mention'd with so much reverence and respect ; certainly had they been no constitution allow'd of by the Fundamental Laws of our Land , they would never have been transmitted to posterity , with such veneration to their Memories , and that too through every Reign and all the Records of Time ; let them have but the benefit and priviledge of a Common Burrough , and let their President , an Office as old as King John's Time , and that by Letters pattents , but have as fair play as one of their Port-Reevs , prescription would incorporate them into the Government , as well as entitle those to their Franchises . 'T is an absolute Contradiction to Imagin that Rolls then the very Parliaments Acts , or Opinions in Transcript , should have recorded them so Honourably , for their Publick Administration ; were they not allow'd by the people so much as to be Ministers for the Publick good ; and such Honour was given them too by our Ancestors ; such Semblance of Soveraignty to their Persons , that their Houses had in some sense , the self-same privilege of the very Kings Palace and Verge ; wherein if a blow was given it was punisht with a Fine , the loss of a good Summ of Money as in the other , of a Hand : And is it not at present Treason to destroy them ; and can Absurdity it self imagin that the Laws which are made always by those that Govern , would make such provisions for those that were no part of the Government . And lastly , to prove this proposition of our Republican , but a Rebels Plot ; and a fair progress towards a Rebellion , I 'll shew this presumptious projector , how vainly he presumes upon his parts and Invention , that he is a double Plagiary , not only borrow'd this 〈◊〉 project against the present Privy Council from these proposals of our Seditious Senate in England , but his very Quarantia of Venice was set up , long before he could for an Author , by those Zealots that were so resolutely resolv'd to Rebel in Scotland ; and he shall see those Daemagogues too , those Devils of Sedition , look't upon it even then as a praeparatory project and the best Expedient for their Invading of the Kingdom , and the Crown . Their Edenburgh , their Metroprolis , as well as ours here , was then the Seat of Sedition , so truly great , that it's Faction and Villany was Commensurate even with it's very Walls : And those too , when Casually fallen were not suffer'd to be built ; as if they would have let the World known by praediction , their Ominous Treason was to extend further : 't was here that the Sycophants at the same time they pretended so much for their Kings preservation , that they protested against the pious Prince's Proclamation only for the dispersing of that dangerous Rabble that seem'd to denounce with an Omen , what too fatally follow'd , his Death and Destruction ; his Majesties sincerity to them and their Religion , was repeated in it , often with assurances ; but what was as Sincerely promis'd from a King by these Monsters of the People was as Rebelliously Ridicul'd with scorn and derision ; and that the Government might be satisfy'd with a sure report of their Sedition , they made those Heralds that proclaim'd their Princes pleasure , to witness how much it displeas'd his Rebel Subjects , and in defiance to their very Faces read their own Protestation . Big thus with Rebellion ; and Labouring with their teeming Treason , at last they are fairly deliver'd of the same Rebel Brat , this Republican would adop't for his own , a QVARANTIA : they Covenant and agree ( and 't was time to Vnite for a Justification of those Villanies , which nought but a Combination could defend ; ) for erecting four principal Tables ; and 't was time too to set up their own Councils , when they had so Seditiously resisted their Kings . To pursue the Contempt of this Proclamation , which by his Majesties Council and Command was publish't ; for a further Violation of the Regal Authority they set up this truly Popular , the first of their four Councels to consist of their Nobility ; the second of the Gentry , the third of their Burgesses , and the fourth of their Ministry ; and the Decrees of these their principal and general Tables ( as they call'd them , ) as if as Universally to be receiv'd as Moses his Two of Stone , what they did , and was approv'd of by the General one , the Choice Flow'r of all the Four , was to be forc't as the Peoples Law , but far I am sure from the Fundamental one of the Land , from this their Rebellious assuming of the Soveraignty in their pretended Councils , ( as they call'd them too ) but in truth a Convention of Conspirators ; proceeded presently the Renewing of their Negative Confession ; their Band , their Covenant impos'd on all sorts of People , with artiside , force , and Blood it self : And can a Test now establish't by Authority and Law , be look't upon an Imposition even by those that impos'd Oaths Vnlawful and Rebel'd against both ? it being by them expressly declar'd in two several Acts , that all Leagues of Subjects amongst themselves , without their Princes Privity , to be Sedition , and their Authors and Abetters to be punish't as movers of such . And what did this Venetian Government terminate in in Scotland , but a plain Confederacy to confound all , and tho the Civil and Courteous contriver of our Ruin and Subversion minces the matter with making his Majesty to Exercise his four Magnalia with the consent of these four Councils , 't would puzzle his Politicks to tell me the distinction between them and those principal Tables of the Scot , what should confine them from Confederating against their King , instead of Consulting for him ? what would signifie his Majesties having a president among those , of his own placeing , when every one of them would be their own Masters , and out of his power to displace ? what should hinder those from protesting with their old Rebellious Assembly in Scotland against all their Kings desires , intentions , and Inclinations for the publick good , while they presume their own Maxims the wisest , and their measures the best ? and to tell us that these are to give Account and to be answerable to such a Parliament , who chuses them , is to say a Sidney is the best Judge of the Misdemeanor of a Nevil , most qualifi'd to answer his Quaere whether this project be not a better Expedient than the Justitia of Arrogan , or the Spartan Ephori , or to tell us one that has suffer'd for Treason to a Monarchy , is the fittest to Try him that would betray it to a Common-wealth . The second Proposition in the Parallel is , that Affairs of State be managed by the Parliament , or by such Councils as they shall appoint : The true Spirit , the Life , the Soul of Sedition , that informes , and animates the whole Body of the Faction , speakes here the Dictates of this Daemon this Devil of a Republick ; that has possest the Nation for this five years , with greater Phrensy then e're he did before the Restoration , when by the very Finger of God he was first ca lt out ; and would now return too with more worse than himself , only because he finds it swept and garnisht : For I defie the most diligent Perusers of the most pernicious Libels that were Printed in the most Pestilent time , when Treason was Epidemick , and spread as the Plague it self more than once did ; and that in their Mighty Babylon , their Metropolis too . I challenge even those to shew me so much Penn'd even then to persuade the setting up a Republick , as has so lately been Published in this very piece . His Majesty upon the presenting these their Proposals I have parralleld , told them they designed him for a Duke of Venice ; and that they only dared to do , when they had bid him defyance to his Face , and made him fly for refuge to his Friends , when they had a fund for Rebellion in the City ; A General , and an Army in the Field ; but here we have a single Republican declaring expressly for the good Government of the Venetian , Arraigning of our Monarchy , condemning of our Courts , reforming of our Councils , only to set up their Republick , for the framing their Decemviral , the constituting their Quarantia , the making every Member of Parliament ; but a Noble Man of Venice , and his Mighty Prince , that presides in it by Law as a Principal Head , but a plain puny Doeg ; and all this at a time the Government stood firm upon its Foundations , and the best of Basis its Fundamental Law , to what an height of exalted Insolence was the very Soul of Sedition then aspired to , to suffer such a Serpent to see the Light that hist at the sight of a Soveraign , and spit its Venom in the very Face of Majesty . And whatever Recommendation this virulent Republican gives us of the Venetian Justice , he would find sufficient severity , sublim'd Cruelty , instead of Law , distributed to such daring Offenders , as should offer at a Monarchy there , tho but a mixt ; and of which they seem to have some necessitated resemblance in their constant creating of a Duke , as if there were yet some remains of Royalty left which they could not extirpate ; and like Nature it self whom all the Art of Man can never expel ; the Libeller would not be long then without an Halter ; the Jealous State would soon send him the sight of his Sin , and Sentence together , and that by the Hands of his Hangman , and some little Gondula to Ferry him to the deep . No Magna Charta , no Petition of Right , no privilege of a Tryal of Peers , or even a Plea allowed to the Prisoner ; and whom with a Praevious Sentence too , they many times dispatch assoon as seiz'd : And shall a Monarchy here founded upon on its Fundamental Law , and that for fifteen hundred years , be invaded with impunity , by the Pen of every virulent Villain , each Factious Fellow that can but handle the Feather of a Goose. I confess , when they were arriv'd here to their Acme of Transcendent Villany , when Vice had fixt her Pillars here , and that in an Ocean too , but of Blood ; when they had washt their Hands even in Insuperable Wickedness , and shed that of their Prince , when by a Barbarous Rebellion they had subverted thebest of Civil Governments , our Monarchy , and establisht their own Anarchy , a Common Wealth , then they might well be so bold , as to write their Panegyricks upon their own Usurpation , when they were to be paid for it by the Powers instead of Punishment . Then they might tell us ( as indeed they did ; ) that the greatest of Crimes was the committing of High Treason against the Majesty of the People : That the Romans gave us good Presidents for Rebellion , in the turning out of their Tarquins , and the Government together ; that Caesar Usurpt upon the power of the People ; Marius and Sylla on the Jurisdiction of the Senate ; Pisistratus turned Tyrant at Athens , and Agathocles in Sicily ; that Cosmus was the first Founder of a Dukedom , and a fatal Foe to Florence ; that Castruccio made himself the Lord of all Luca , and oppressed the Liberty of all the Freeborn Subjects of the Land ; that all our Kings from him they called the Conqueror , to the Scottish Tyrant , were but the same sort of Usurpers upon the power of the People . All this with much more Execrable Treason was Printed , Publish'd , and Posted through the Kingdom , with Approbation of Parliament , and which we shall in its proper place represent in its own blackness , black as Hell it self , the seat of such Seditious Souls , full of Anarchy and Confusion ; But why we should now have so lately left us such daring desparadoes to retrieve to us the same Doctrine , to tell us that Affairs of State must be managed by a Parliamentary ; that is in their own Phraseology a meer popular Power , could proceed certainly from nothing but the deepest , the most dangerous Corruption of the Times ; from the desperate Condition of a Government , ready to be undermined , by Treachery , Plot , and Machination , brought so low ; that it did not dare to defend it self ; and its boldest Assertors so far frightened into a dishonest and imprudent sort of Diffidence , as to distrust the strength of their own Cause ; and that was evident too , from the sad servile Complyance of some fearful Souls , otherwise well affected , that seemed to give up their Government like a Game lost , that had rather sink then swim against the Tyde . But for a more direct Answer to this Proposition we shall shew , that Affairs of State must be managed by our Monarch ; that matter of Fact has prov'd it by Prescription ; that it is our Kings Prerogative by the Lands Law , and his unquestionable Right , by the force of Reason . For the first 't is evident from History , that for above 600. years , near a thousand before the Conquest , we had Kings that had an Absolute and Soveraign sway over their Subjects , as appears from the most Antient Writer of our British History ; it is apparent that all our Monarchs , Britains , Saxons and Danes exercis'd unlimited Jurisdiction without having their Affairs Govern'd by any estabisht Council much less a Parliament , and that to be prov'd beyond Contradiction from the several Authors , that Lived , Wrote , and were Eye Witnesses , of the manner and Constitution of their Government , and then sure must be suppos'd to understand that to which they were Subjected , from those good Authorities can be easily gather'd that the power of Peace and War was always in the Prince , that they were Govern'd by him Arbitrarily and at his Will , that he call'd what Councils , of whom , when , and where he pleased ; so far from being Limited , that the most popular Parliamentarians would be loth his present Majesty should prescribe to such an Absoluteness , and which nothing but the kind Concessions of some of his Predecessors , to their Clamourous Subjects has given from the Crown and dispens'd with that power and right enjoy'd by their Royal Ancestors . 'T is strange and unaccountable that those which stretch their Wit and Invention for this power of Parliament , and run through all the Mazes of Musty Records , for the proving it so Ancient , yet will not allow that of their King so long a standing , and which after all their fruitless Labour lost proves at last nothing but the Council of their King , those Noble and Wise-men he would please to Assemble ; their Gemotes the name of that most Ancient Assembly implying nothing more , as appears even from their own Cook himself , and their Commons whom this Author would have now so great as to Govern his King ; far from having the least concern in publick Administrations , there being in all Historical Accounts of 〈◊〉 Antient times no mention of them in those very Conventions ; whereas Nobles Bishops , and Abbots are expresly nam'd . The greatest Colour they have for ' its Conjecture is only from the word Wites or wise-men which Constituted their Witena ; and the Prefaces or preambles to all their Laws imply that they were with the assistance of the Wise-men , made by their King ; but can any person of sence and Impartial , conceive this Term the more applicable to the Common sort of People and meer Laymen , than to the Nobles the Bishops , the Lords ; and then as we may well believe the most Learned of the Land ; their Literature sure was then but little , and then I am sure that of the meaner Layity must be less , certainly the word Wites will import no more than an Expressive Character of those Qualifications , such Nobles were suppos'd to have that are still expressly said to be summon'd ; and to say that by Wise-men were still understood the Commons ; such an Emphatical denomination could not be so well resented by their Lordships , since it would seem in some sence to Exclude them from being so , but as a Learned and Labourious Answer of this popular point has observ'd , and what will nearly make it Vnanswerable , that in thir Laws when the Senate was generally signified and the whole Constitution it self , then Wise-men or Wites expressed it ; but where any sort of the Constituent Members are Particulariz'd there you 'll 〈◊〉 nothing but Nobles nam'd ; so that such an Assembly , and that all of the Nobility , depending upon the choice and Election of the 〈◊〉 , was not much more than our present Privy Council : But then they were able to make Laws , and these now but Orders and Proclamations , and Parliaments then were so far from Usurping upon their King , that they were in a Literal sence but his own Counsellors . But were it granted , what the Faction so furiously contend for , that Commoners were understood by the word Wisemen , they were still far from 〈◊〉 such a Senate as 〈◊〉 wherein they now sit , only some few 〈◊〉 joyntly with the Nobility , call'd there by their Soveraigns sole Summons and Choice ; and this is granted by one of their most 〈◊〉 Advocates , when he tells us the Dr. has only found out what no Historian is unacquainted with , that our Parliaments were not always such as now Constituted ; if so , why then all this Labor for the proving them such ? why so much of the Commons Antiquity Asserred ? why must the Press be pester'd with three or four Volums for the purpose ? Laborious Drudges of Sedition ! 't is not there Antiquity you so much contend for , and so little able to defend ; the pains to prove them Antient , is only in order to make them more Exorbitant : M. P. must Print their Rights , and that at a time when they were even ready to Rebel , and with a superfluous piece of Sedition tell them of their Power , when all good People thought they Usurpt too much . Hunt must Harangue upon their Integrity to their Prince , and State , when some have since suffered , been proved Principal Actors for the Destruction of both : These like the Roman Velites , were fain to Skirmish in the Front , and entertain the good Government their Foe , with a little light Charge , of the Commons power and priviledge , faithfulness and sincerity ; 't is a Plato they permit to bring up the Body to the Battle , and assail it with the Subjects supremacy , and making the Commons a standing Council for the management of Affairs of State , and the better Government of their King , poor prejudic'd Souls , that to please a party contradict themselves , give all History the Lye , and then constrain themselves to believe they tell a Truth ; you say Parliaments were not always so powerful as now , and won't you be satisfyed then they had once less power . All our Chronicles tell us our Kings of old , never allowed such Priviledges to the People ; and cannot this People be contented even with an Usurpation upon their Kings . And as it will from those Authors cited before plainly appear , that the old Britains , the Saxons , and Danish Princes were far more absolute than of late our succeeding Sovereigns : so was the Conqueror , the Norman too for several Successions . Consult Alfredus that lived in his time , aud writ down to it , or Gulielm . Pictaviens . that writ a Treatise of his Life ; who tho an absolute Prince by Conquest and Arms , yet themselves will allow that he governed by Laws , and that our English ones too ; yet those very Laws , were then of such a Latitude , that they allowed him what his Parliament of Lords would never have allowed had he been obliged to consult them , he singly ordeined , what of late has been so loudly clamoured for , that no Prelates should have any Jurisdiction in Temporals , and disarmed all the common People in general throughout the whole Kingdom ; the first themselves , tho such Sollieitors and Petitioners for the compassing it , would not now allow his Majesty alone , to exclude from their Votes , ( tho for their own Satisfaction ) without an Act of Parliament , and for the latter they 'll hardly allow , tho granted by the Law , and tho it be only disarming and securing some Seditious Souls that disturb the Peace . William the Second layd his own Taxes on the People ; a sufferance no Subject can sustein now but with his own consent and Permission , he could forbid his People by Proclamation not to go out of the Kingdom , not to be done now but with a ne Exeat , a Writ and Process at Law , confirmed , as all others are , by Act of Parliament . Henry the First had as great a power and prerogative , and exercised it too ; punishments before his time , which were Mutilation of Members , he made pecuniary ; provisions for his House which were paid in kind ; he made to be turned into Money ; an Alteration of Custom and Law , not now to be compast but by particular Act : Baker makes him first to have instituted the form of an High Court of Parliament , and tells us that before , only the Nobles and Prelates were called to consult about Affairs of State : But he called the Commons too as Burgesses elected by themselves ; but this can't be gathered from Eadmerus the much better Authority , who in the Titles and the Stile of near Nine or Ten Councils of his time not so much as mentions them . King Stephen what he wanted , and was forc't to spare in Taxations , which were not then granted by the suffrages of the Common People , tho they commonly bear the greatest burden of it ; tho he did not according to the Power he was then invested with , raise great Sums upon his Subjects , and the greatest Reason , because he could not , the Continual Wars having impoverisht them as well as their Prince ; and it has the proverbial Authority of necessitated Truth , That even where it is not to be got , the King himself must foregoe his Right ; yet this mighty Monarch's power was such ; that Confiscations supplyed , what he could not Tax ; and as our Historian tells us upon light Suggestions , not so much as just Suspicions , he would seize upon their Goods ; and as I remember the Bishop of Salisbury's Case in his time confirms : But tho the Menace of the threatning King , the Text , be turned now into the clear Reverse , and our Kings Loyns , no heavier then the very Finger of some of his Predecessors , still we can find those that can preach him down for a Rehoboam , or some Son of Nebat that makes Israel to Sin. Henry the Second resum'd by his own Act all the Crown Lands that had been sold or given from it by his 〈◊〉 , and this without being questioned for it , much less deposed or murdered , whereas when our Charles the First attempted only to resume the Lands of Religious Houses , that by special act of the Parliament in Scotland , had been settled on the Crown ; but by Usurpation were shared among the Lords , when 't was only to prevent their Scandalous defrauding of the poor Priest , and the very box of the poor , to keep them from an 〈◊〉 , and even a cruel Lording it over the poor Peasant , in a miserable Vassallage beyond that of our antiquated Villains ; and when he endeavoured all this only by the very Law of all the Land , by an Act of Renovation , Legal Process , and a Commission for the just surrendring Superiorities and Tyths , so unjustly detain'd from the Crown : but our modern Occupants of the Kirks Revenue , had far less Reverence for the State , chose much rather to Rebel against their Prince , for being , as they would Phrase it , Arbitrary , than part with the least power over their poor Peasants , which themselves exercised even with Tyranny : This was the very beginning of the first Tumults in that Factious Kingdom , and 't is too much to tell you in what they ended . Richard the First had a trick I am sure would not be born with now , he pretends very cunningly to have lost his Signet , and puts out a Proclamation , that whoever would enjoy what he had under the former , must come and have it confirmed by the new , and so furnisht himself with a fine fund ; he could fairly sell and pawn his Lands for the Jerusalem Journey , and as fouly upon his return resume them without pay : And all this the good peaceable Subject could then brook , without breaking into Rebellion , and a bloody War ; and as they had just then none of their Great Charter , that made afterward their Kings the less ; so neither had they such Rebellious Barons , that could not be contented even with being too Great : as they were then far from having granted so gracious a Petition as that of Right ; so neither , you see , so ready to Rebel , and that only because they could not put upon their Prince the deepest Indignities , the greatest wrong . And these warrantable proceedings of our Princes , whose power in all probability was unconfin'd before the Subjects Charter of Priviledges was confirm'd , must needs be boundless , when there were yet no Laws to Limit them ; yet these two Presidents were as impertinently applyed ( by the Common Hackney Goose quils , whose Pens were put upon by the Parliament to scribble Panegyricks upon a Common-wealth , ) to prove all our Kings a Catalogue of Tyrants ; tho the Presidents they brought from those times were clear Nonsense in the Application , and no News to tell us , or reproach to them , that those Princes were Arbitrary , when they had yet given no grants to restrain their Will. Here I hope is sufficient Testimony , and that too much to Demonstrate that our Kings of old , by long Prescription were so far from being guided and governed by a Parliament , as our Factious Innovator would have them now , that in truth they never had any such Constitution ; and the People then insisted so little on their own Priviledges , that they could not tell what they were ; and the Princes Prerogative so great , that even their property could hardly be called their own : But these being but Presidents before their Charters were granted , or the Commons came in play , tho these preceding Kings might deviate from the common Custom of the Realm , in many , that some may call irregular Administrations ; yet the Customs of the Kingdom relating to the Royal Government , in all those Reigns were never questioned , much less altered ; they never told their Kinge then , as this piece of Sedition does now , that their Nobles were to manage their Affairs of State , as well as he would have even a Council of Commons . We come to consider now whether from the granting them Charters , which was done in the next Reign , that of King John , when the long tugged for Liberties , were first allowed , or from the Constitution of admitting the Commons to consult , which by the greatest Advocates can't be made out handsomely , before this Kings time or his Son , and Successors ; who might well be necessitated to Consult the meaner sorts when all the great were in Arms , and wisely flatter their Commons into peace , when the Lords had rebelled in an open War ; tho' still good Authorities will not allow them to be called in either of their Reigns , not so much as to be mentioned in any of their Councils , and that even to the 18 of Edward the First ; wee 'll see I say now whether from these , as they count them the most happy times , That blessed Epoche wherein their Kings were first confined , down to those which Posterity will blush at , the Period of Villany , when this Proposition was among the rest proposed , whither ever the Parliament pretended ( unless when they actually rebelled as they did here , ) to manage their King , and his Affairs of State. The greatest Lawyer , and the most Equitable one , that lived in this Henry the Thirds time , tells us the King has a power and Jurisdiction over all that are in his Kingdom , that all are under him , that he has not an Equal in the Realm ; and sure the Project of putting the Parliament upon choosing of his Council for the managing of his Affairs , or assuming themselves to manage it , certainly would make the Subject have some power over him , make him more then Equal or Co-ordinate , as the more modern Contenders for the Peoples Supremacy very Magisterially are pleased to Phrase it . In the Reign of Edward the First the Parliament declares , they are bound to assist their Sovereigns at all Seasons , and in that very Sessions declared the Supream power to be his proper and peculiar Prerogative , and so far from taking upon them to manage Him , or His Affairs , or the setting a Council over Him as a superintendent . In Edward the Second's time , they several times confirm'd to him the power of the Sword , as his Sole undoubted , unquestionable Prerogative , and that he could distrain for the taking up of 〈◊〉 , all that held by Knights Service , and had twenty Pounds per An. and I think that allowed him to be his own Adviser , when it put him into an absolute Condition to Command . But I confess , his Seditious and Rebellious Subjects , afterward served Him just as these our Proposers did their Soveraign ; took upon themselves to reform his Council , managed His Affairs till they did all the Kingdom too ; deposed him with that power of the Sword , they themselves had several times in his very Reign put in his Hand , as ours also denyed His Majesty the Commission of Array , which they well knew the Laws allowed : But as this Usage was shown to both , so was it done to bind them both , that both might be more easily Butchered . In the following Reign of this unfortunate Prince's Son , too forward to mount the Throne before his Father had thoroughly left it , which he could not be said to relinquish but with his Life ; there I 'll grant this Republican his own Rebel Tenent was as stoutly maintained ; but by whom ? why by the very same Wretches , whom too several Parliaments had condemned , for the same sort of damnable Opinions ; and solemnly sent them into Exile too ; the daring and presumptuous Spencers , who being the first Authors of that Seditious Sophistry , that damnable Distinction of parting His Majesties Person from his * political Capacity , that is , making Allegiance no longer Law , than their King could maintain his Authority with Arms , for that must be the meaning of such Treasonable Metaphysicks ; for if they 'll owe but Obedience upon that political account of his being a King , assoon as they can but find out some blessed Expedient for the proving of him none , that is , Misgovernment , † Arbitrary Power , ‖ Popish Inclinations , and the like pretty Pretences to make him fairly forseit it ; why then truly all the Majesty vanishes like a Shadow , before this New Light ; and if he can't hold his Scepter in his Hand with the power of his Sword ; why they have Metamorphosed Him into a common Man , and may pluck it out with theirs . And truly the Peoples Politick Capacity is such , they will soon make their Kings uncapable ; when once they are grown so strong in the Field as not to fear it : Here was the Rise of that Rebellious reasoning that run all indispensable Obligation of our Obedience to the Prince , into the Capricious and Arbitrary Conjecture of the People , whose Title , and Deposition must depend upon his own Demeanor , and that to be decided according to the diversity of thought , which in a discontented Vulgar deserves the better Epithet of Distraction : The good King would have a Right to his Crown , as long as his kind Subjects would be pleased to think so ; and we have more than once found , their Politicks have too soon made them uncapable to Govern ; and then deposed , and murdered their very Persons , for the want of this their politick Capacity : I am sorry to say , and posterity will blush to hear , that such Seditious , and sophisticated reasoning obtained even to the making * Three mighty Monarchs in a most miserable manner to miscarry ; and it appears still too plain in their Prints ; and those too Charactered in Royal Blood ; that they never 〈◊〉 severing our late * Soveraign's Person from his Crown , till at last his Head too from his Shoulders . I could not but with some passionate Digression reflect upon this pernicious Principle ; and so the best of it is , I can be but pardonably impertinent ; but which I would apply pertinently to this Republicans and Parliamentary Proposition for their managing all State Affairs is one of the Consequences that may be drawn , and which those Sycophants , the Spencers did actually craw from this their damnable Doctrine , for so they did conclude from it too ( as well they might ) That in default of him their Liege Lord , his Lieges should be bound to govern the Affairs of State ; and what Newes now does this Devilish Democratick tells us ? Why the very Doctrine of two damnable Parasites , whom themselves have condemned for above two or three hundred years agon , who to cover their own Treason ( as they then too call'd it ) committed against the People ; and that but in * Evil Counselling of their King , invented very cunningly this popular Opinion , to preserve themselves , and please the Rabble they had so much 〈◊〉 . And could after so many Centuries , after so long a series of time , the Principles even of their execrated Enemies , by themselves too ; be put into practice , and what is worse still , shall the sad effects that succeeded the practising it so lately , encourage our Seditious Libellers for its Reimpression ? if this most Rebellious Nonsense must re-obtain , all their declaratory Statute , the determin'd Treasons of their good King † Edward may pass for a pretty piece of Impertinence ; they may do , as once they truly did , they may Fight , Shoot at , Imprison , Butcher the Natural Body , the Person of their Soveraign , and tell us the Laws designed them only for Traytors , when they could destroy him in his politick . The same Laws make it Treason to compass his Queens Death , or Eldest Sons ; and must it be meant of their Monarchs being Married in his politick Capacity ; as well as murdered , or of his Heirs that shall be born by pure political Conception : they might e'n set up their Common-wealth then , if these were to be the Successors to the Crown . But yet with the same sort of silly Sophistry , that they would separate the Kings natural Capacity from his political ; did the same Seditious Rebels as Iremember , make their own personal Relation to a politick Body Inseparable ? Rebellious Lumps of Contradiction ! shall not your Soveraigns sacred Person be preserved by that Power and Authority derived even from the 〈◊〉 ? and whose very Text tells us , touch not mine Anointed ; and yet could your selves plead it as a Bar to Treason , because perpetrated under a political Denomination , and a Relation only to that Lower House of Commons , that was then , only an incorporated Body of Rebels and Regicides ? and this was told us by that Miscreant * Harrison , the most profligate , the vilest , the most virulent , of all the Faction concerned in that bloody Villany , the MURDER OF A KING ; the silly Sot had it infused by his Councel as Senseless , as Seditious : That it was an Act of the Parliament of England , and so no particular Members questionable for what was done by the Body . I consess the good excluded Members , and the bubbl'd Presbyterian Senate would not allow it for a Parliamentaty Process ; and why ? because themselves did not sit in it ; and truly upon that unexpected and most blessed Revolution , might hugg themselves , and shrink up in a silent Joy , that they were kept out : And I cannot but smile to see * two or three sit upon the Bench , and upbraiding the Prisoner , for pulling them out of the Parliament , and making themselves none ; † Persons whom Policy had only placed there , when the poor Prince was forc't to compound with a party for a Crown , forc'd to prefer those that had dethroned his Father before , only the better to settle himself in it , and to compass more easily the punishment of those that murdered him after , Persons , ( and a great one too , that I could name , ) that have serv'd him as ungratefully since , and been as deservedly rejected ; Persons , that had his late Majesty's Arms , been but as Victorious as his Cause was good , had been as much liable to the Laws , and their Crimes as Capital for fighting him in the Field with an Ordinance of the House , as those that brought him to the Scaffold , and Butchered him on the Block ; from the time that their Tumults forc'd him to fly from their Houses , they were no more a Parliament , than those were afterward that pulled them out , and it lookt a little loathsome to see some sit a simpering , and saying , all Acts must be past by the King , who themselves once had helpt to pass many without ; and they could no more justify themselves ; ( had it been but their turn to be brought to Justice , ) by their Memberships , political Referrences to the two Houses ) then the Criminal at the Bar by his Relation to the Rump . I have their own Authority for it , their very * Houses Act , that they declared , designed , and actually made their King a Prisoner : For they told the persidious Scot , that his denying their Propositions , ( and what were those but Expedients to destroy Him ? ) had debar'd him of his Liberty ; and that they verifyed too , ( when they had got their poor purchase at Holdenby ) in a usage of their Prince , with a restraint , that would have been Cruelty to a Peasant ; and which even his very Murderers enlarged when their Joyce took him from his Jaylers : And I am sure t is provided , that to Imprison him till He assent to Proposals , shall be * High-Treason by particular Act , as well as to Murder him , is made so by the 25. And whatever the Mildness of ‖ Mr. Hunt , the Moderator of Rebellion would have this Mystery of Iniquity , would not have it so much as remembered ; it was these his own darling Daemagogues , whom he defends and adores ; and that even for † Restorers ; who stript him in his politick Capacity , anticipated his Murder , and then left his naked Person to be persued by the * Wolves that worried it ; they had turned their House into a Shambles , and that of Slaughter ; and were the Butchers the less Bloody , that only bound Him , and left to their Boys the cutting of his Throat : yet this Barbarity must be defended ; this extenuated by them , and the help of their Hunts , and such Advocates ; the guilt not to devolve to each individual Member , because an Act of an Aggregated House . But base Caitiff's ( to use even the very * Lawyers own Language , ) your selves know that a politick Body may be guilty of a most political Treason , and tho the † Laws tell us it has no Life or Soul , and so can't suffer ; yet it s constituent Members may lose both , be Hang'd and Damn'd in their proper Persons , and that for committing it too against such another political Constitution . It would otherwise be a fine Plea for Corporators , that have been many times Defendants in the Case , when their King has been Plaintiff : And against whose more dangerous Sedition there was lately made special Provision by a particular ‖ Oath . Lastly , to conclude the Confutation of this sad silly sort of Sophistry , this Seditious Nonsense , 't is shrowdly to be suspected that from the same sort of Sophisters , fallacious Inferences was first insinuated that prejudicial Opinion ( I call it so , because it looks like a Doctrine of some concerned party ) That Societies were not punishable in the next World for the Villanies they had committed in this : That is , the Members were not to suffer there , for what they had acted in Relation to such a BODY here : this Religious Absurdity has been publisht by some Seditious Pens from the Press , I wish I could say not imposed upon Loyal ones too , both from that and the Pulpit ; for Errors , especially when coloured with the bait of Interest , tho first hatcht by the Brooders of all bad Principles , till well examined may delude the very best : I know it may be returned with some seeming Reason , that Crimes committed here , as a Member of a body politick , can't well in Justice be laid to the Charge of any particular Person hereafter ; for upon the dissolution of the natural one , the Relation to such a Community ●●asing , the Guilt and Crime contracted should dye too : But the Judge of Heaven has declared he won't be mockt , tho they thought those of the Land might . How contentedly would some of the Regicides have given up the Ghost , could they have pleaded to the Almighty their Innocence of the Royal Blood , from the shedding it in Parliament ? But tho National Sins , may require reasonably the sufferings of a Nation , and no more than what for this very Sin , our own has since suffered ; therefore to suggest the single Individual , the singular Sinner shall escape with Impunity hereafter , because not punisht here , or that because several of them suffered here for that Martyrs Blood ; and the Treasons of an Vniversal Body seem'd to be punisht in as general Conflagration ; that therefore the Criminals have superseded their sufferings in Hell , and may now dare Heaven ; for my part , seems an Opinion as ridiculous as the Popish Purgatory , and their being saved by a fantastick Fire : T is almost an Irreligious excuse for all manner of Crimes and Immoralities ; the Constitutions , Circumstances of Men being so various , that I dare avow scarce any Villany , but may be committed by Communities , or the Politick Relation of the private Person to some publick Society . In short such Law , and such Divinity , would make the worst of 〈◊〉 , ( that is incorporated ones ) fear Hell no more than they would the Hangman , and baffle the Devil , as well as the Gibbet . And I may well here so warmly condemn these sort of damnable Doctrines , when they were so hotly maintained by the rankest of our Rebels and Republicans ; and this very Daemon , this Devil of Sedition , can only countenance his Rebellious Positions with the making use of His Majesties Authority for the Ratification of his Proposals , that is , the Destruction of his own Person : For 't is a great Truth , I wish I could not say an experimented one , that the granting them these Regalia , would not only be an Act to bereave him of his Crown and Dignity , but would pass his very Person into the Donative ; a yielding up of his last Breath , the making himself his own Executioner , as well as a Betrayer of his Trust : This Project is only the pernicious Principle improved ; the late Rebels falsely assumed His Authority , for the Fighting against His Person ; but the prevailing upon him for these Destructive Grants , would make Him truly Fight against Himself . In all the Reigns of the three following Henries , their Soveraign's Supremacy was still 〈◊〉 , and that over Parliaments too , tho one of them was but an Usurper on the Crown , and then I am sure as great an one upon their Privileges ; and tho themselves had placed the First in the Throne , themselves also acknowledged * the Regality of the Crown of England to be Subject to none but God : To the ‖ Second , they acknowledged that to Him only belonged the Management of Foreign Affairs , with Foreign Princes : To the † Third , that he could constitute County Palatines , and grant any Regal Rights per Letters Patents . And these were Matters and Affairs , themselves then declared they could not pretend to , tho this Gentleman would now have them or their Counsel manage all . In Edward the Fourth , and the 〈◊〉 time , 't was always received Law , then made , and should I hope , hold still , that State Affairs were to be manag'd by the Prince ; for it was then allowed for * Law , That if all the Common People of England should break a League , by agreement with any Foreign Nation , it shall still be reputed firm and unviolated if without his consent : And in his very ‖ Sons that Succeeded , resolved by all the Judges and Serjeants , that he was the only Person in the Kingdom , that could do no wrong ; which sufficiently declares him above all them that could ; and then who so fit for all absolute Power in all publick Administrations , than whom the very Law presumes always to do Right ? and whom Reason tells us must be most impartially concerned for the publick good ; having no dependance upon any Superiors , from whom an Apprehension of Fear , or hopes of Favour might prevail upon to degenerate into that servile and sordid Complyance , to prefer his own private Interest before the publick good , Whatever Presumption the Law had of it then , I am sure they have a Prince that justifies the Supposition now ; and then the most ungrateful Paradox , and against Sense it self , for our Seditious Souls to suggest , and insinuate his Real Intentions for their Good , to be nothing but Design and Plot upon them for Ill. An ORDER of Council , with such Sycophants is turned into a trick of Court ; And their Kings Proclamations are 〈◊〉 only because they cannot conveniently , resist , as if the whole Board was packt only to please a designing Prince . But , base Villains , your selves know that his aims have ever been for the publick Peace and Prosperity , even at the same time your dangerous disorders have made it almost inconsistant with his own safety , and security : You see your Soveraign Sit and Act in a Sphere , ( and that only He ) where Favour cannot charm , or Fear frown into Compliance : And who can be supposed , then , besides him , less prejudic'd , or more concerned for your good ? Would you have your Gentlemen of the Shop and Yard take their Measures of the State too ? We have experimented already that those made the very Government a Trade also ; and by those your very Properties and Lives too , would be bought and sold , we too lately saw some Symptoms of that state Distemper ; when some of the Seditious Souls had but gotten the Government of a single City ; and that but under a Soveraign their Supream ; and sure 't is an Argument unanswerable that those Salesmen of his Prerogative would assoon Barter your Properties . See the sad experienced result of all the Democracies since their first Institution ; what was left the poor Lacedaemonians upon putting in Execution , that popular Project , their * Petalism , or Impoverisht Athens her self upon such another Order of her 〈◊〉 ? why both were beggar'd of their Nobility , the Scum , the Scoundrels of the Town turn'd the Mighty Massinello's of the State : The Tod-Pole Train , the product of those beggarly Elements Mud and Water , Lorded it even over all the Land , And those Rulers naturally retaining in this Medley , this Mixture of Sway , the Native Principles of that Abject Matter from whence they came , still as mean as the one , and restless as the other , could never reduce them to composed States , till they had recalled the good Governours they had Banisht before . ‖ you know all this is too true , and your selves too , vile Caitiffs , have owned it in Prints . Lastly , Let your Lords too be allowed for once , your only , as well as it is your beloved Government : Let Aristocracy for once obtain for the best , and Banish your Monarch ; set up that Idol , and fall down to the Gods of your own Hands , that good Government must still be of many , still of as much divided Interest ; there would still be many then to mind the making their own Hay in the fair Sun-shine ; whereas should your Prince perjure himself for the minding only his private concern , and neglecting the publick good ; which he must do if ever he is Crown'd , where an Oath is administred for his very disavowing it ; yet still here would be pursued but the Interest of a single Person , there of so many . When the rash and unadvised Romans had upon that bandied Argument , the Dissoluteness of their Tarquin , the popular president of the Party , for the Banishing of all Kings ; ( as if the Practice of a Rebellious Rome against a single dissolute Prince , and that so long since , could with the same Reason prevail at present , for an extirpating the Government even under the best of Princes ; ) yet this very precipitous Act of Rage , and Rashness , was afterward even by the relenting Romans , as much repented of , and their Error , best understood in their following Misfortunes ; and of which they were soon sensible too , soon saw it in their subsequent sufferings ; for the first Frame of Government they constituted after this Expulsion , was the * Consular ; and one would think that being but of two of the 〈◊〉 among them , that it might have lasted , as indeed the best sort of Aristocracy , coming within an Ace of a Monarch , a Duumvirate : yet even from those they suffered more , than from the first Constitution they had abolisht ; their more immoderate power broke the Laws more † immoderately , than the Lustful , Licentious , and Lewd Monarch , they made to fly with his Fugitive Government : We shall in some other place consider the restless Revolutions they ran through , from their turning out this Monarchy , till they tumbled into it again . This serves only to let us see that publick Administrations , even in the hands but of two of the best of the People , are not always the best managed . What pray better can be expected , when the Optimacy is made up of so many more ? And where then ? into what form ? to whom , shall we run for the best maintaining of this popular Darling ? this dangerous Violation that has been clamoured for , rebelled and fought for , the Peoples RIGHT , but to that Soveraignty , which our very Laws say can do no wrong , to a Monarchy , where Mechanicks can never meddle with Affairs of State , to make them truckle to their own ; or the Nobility so powerful as to be all Soveraigns ; and under what Prince can we better acquiesce for this enjoyment , than the present , that has so often declared for its Protection ? And shall the Speech of some Noble Peer be better assurance , promise more , than the word of a King ? All Subjects under him have either Riches or Honor for their private Aim , to make them act more partially for the publick ; and which the Laws presume therefore they may injure , and have therefore made the greatest punishable , But him exempted from all * Statutes that are Penal : And these sort of Arguments , I can assure them , their King himself has used to prove the publick Interest his own ; and that he alone of all the Kingdom can be presumed most impartially concerned for the good of the publick . A Reason worthy of so good a King , and which the worst , the most Seditious Subjects cannot Answer . Did not the Parliament , in Richard the Third's Time , give even that Vsurper an Arbitrary Power greater than any they can dread now from their most Lawful Soveraign ? Did not * they declare him their Lawful King by Inheritance , tho they knew they made him Inherit against all Law ? Did not they declare it to be grounded upon the Laws of God and Nature , and the Customs of the Realm ? whereas we now can oppose this Divine Right , from the panick fear of making our true Legal King too powerful , and the Succession of a Right Heir must be questioned by our Parliaments now , when their Predecessors declared it unalterable even in a wrong . Did † they not to him but an Usurper , a Tyrant , own themselves Three Estates without including himself , and say that by them is meant the Lords Spiritual , and Temporal and Commons ? and shall the Press be pestered under our undoubted Soveraign , and the mildest Prince , to make him Co-ordinate with the People ? Did they not make particular Provision in * Parliament , for the preservation of His Person , that was the very Merderer and Destroyer of His Subjects ? And shall our 〈◊〉 ones Associate for the Destruction of the mildest Monarch , whose greatest Care is their Protection ? Was this Monster ever questioned or censured for the Murder of several of His Subjects , as well as the more Barbarous Butchery , the spilling almost of his own Blood in his Nephews ? and must our most gracious one stand the mark of Malice , and Reproach , and that only for desending that of his Brothers ? who Reigned more Arbitrary , and managed all Affairs more Monstrously , than this very Monster of Mankind ? And must a Parliament , be now the Manager of the mildest Monarch ? and think him dangerous if not governed , by themselves ? The two Succeeding * Henries had their Power as much confirmed : Henry the 7th . had his Negative Voice , the thing , those Seditious discontented Grumblers , so much repine at , maintained , asserted , for his undoubted Prerogative . It is at present by the Law of ‖ his Time , no 〈◊〉 if the King assent not : A Prince beloved and favoured , only because he was their King ; who tho he had as many subsidies granted , more than any before him , His Subjects you see never thought it a Grievance then to contribute to their 〈◊〉 being Great : but acknowledged his Supremacy even under their greatest pressure : His 〈◊〉 upon penal Statutes * Historians call and the Law , the most 〈◊〉 way for raising of Money that was ever used ; yet still had he the Hearts of his People , as well as their Purses : They thought Rebellion then could not be justifyed with clamor of Oppression , as since by Ship-money and Lone , tho levyed by a King whom themselves had Opprest . The simplicity of those times made them suffer like good Subjects and better Christians , when the refined Politicks of such Authors , and a 〈◊〉 age , can tell them now to be Wise , is to Rebel . I need not tell him who managed Affairs in Henry the † Eighth's Time , when Parliaments seemed to be frightned into Compliance with a Prown , and Bills preferr'd more for the pleasure of the Prince , than the profit of the People : Their Memberships then so far from medling with the measures of the State , that they seemed to take them for their sole Measures ; so far was then an Order of the House from controuling that of the Board : And I can't see that the Peoples * Petition of Right has since 〈◊〉 away too the King's Prerogative ; yet it was affirmed for ‖ Law in this King's Time , that he had full power in all Causes to do Justice to all Men. If the Parliament or their Council shall † manage Affairs , let them tell me what will become of this Power and Law. His Son Edward succeeded him , and tho a Minor , a Prince whose Youth might have given the People an opportunity for an Encroachment upon his Power ; and the Subject commonly will take advantage of the Supremacy , and that sometimes too much , when the Soveraign knows but little , what it is to be a King : I am sure they were so Seditiously Wise in that Infancy of Henry the Third ; and yet he had Protectors too , as well as this : But notwithstanding such an Opportunity for the robbing the Rights of the Crown ; you shall see then they took the first occasion for the asserting them : In the very First year of his Reign , it was resolved that all Authoritie and Jurisdiction , Spiritual and Temporal , is derived from the King ; but this Republican has found out another Resolution of resolving it into the power of the Parliament . And in this very ‖ Reign too , it was provided as the common Policy and Duty of all Loving Subjects , to restrain the Publishing all manner of Shameful Slanders against their King , &c. upon whom dependeth the whole Unity and Universal weal of the Realm ; what Sentence then would the Parliaments of those times have past upon Appeals to the City , vox patriae's , and a Plato Redivivus , upon a Libel that would prove the † Kings Executive power of War forfeitable , and that the * Prerogative which is in the Crown , hinders the Execution of the Laws ; tho I am sure those very Laws are the best Asserters of the Prerogative ? there next resolve would have been to have ordered such an Author to the 〈◊〉 , by the Hands of the Hangman , instead of that Honorable Vote , the thanks of the House . In Queen Mary's Time too , the Law left all to her Majesty , tells her all * Jurisdiction does , and of Right ought to belong to her . In Queen Elizabeth's ‖ Time , what was Law before ; they were obliged even to Swear to be so . Every Member of the House before qualified to sit in it , forc'd to acknowledg his Soveraign SVPREAM , in all Causes , over all Persons : And were their Memberships to be modelled according to the Common-wealth of this Plato , their Oath must be repealed or they perjur'd . Their very Constitution would be Inconfistant with his Supremacy ; they must manage and Command at the same time they Swear to submit . and obey . Was there ever a more full acknowledgment of Power and Prerogative , than was made to King † James upon his first coming to the Crown ? And tho I confess they took upon them to manage Affairs , in his Son and Successors time : yet this was not until they had openly bid him defyance to his Face , and actually declared War against His Person ; then they might well set up their Votes for Law , when they had violated the Fundamental ones of the Land ; yet themselves even in that Licentious , and tumultuous time , could own ‖ that such Bills as His Majesty was bound even in Conscience and Justice to pass , were no Laws without his Assent : What then did they think of those Ordinances of Blood , and Rebellion , with which themselves past such Bills afterward ? so unconscionable , so 〈◊〉 : Here it was , I confess , these Commons of this pernicious Projector , took upon them the management of the State ; their Councils , their Committees , set up for regulating the Kings : Then their † Pillor'd Advocate that lost his ears , as this with his Treasonable Positions , should his Head ; Publisht the very same Proposal in his pestering Prints ; the very Vomit of the Press , to which the dangerous Dog , did in the Literal Sense return to lick it up , still discharing again the same choler he had brought up before , in a Nauseous Crambe : A Wretch that seemed to Write for the Haberdashers and Trunk-makers instead of the Company of Stationers that Elaborate Lining the Copious Library for Hat-cases , and Close-stools , that Will with a whisp , whose fuming Brains were at last illuminated for the leading Men into Boggs and Ditches , Rebellion and Sedition . The Confusion of others only for the confounding of himself , ‖ for a King , for the † Parliament , for the * Presbyters , for every thing , for nothing , but that ONE thing Scribble . Compare the power of his Parliaments , and his Vnparliamentary Juncto ; the meer Lumps of distorted Law , or Legal Contradiction , with the 25th . of Edward . He first deposes his King , and even there then finds his Deposition Treason . Their Divine Baxter never baffled himself more with the Bible , and the Gospel , than this Elaborate Legislator with the Statute , and the Law. William Writ against Pryn too , in one Page proves his King Supream , in the other his Parliaments Supremacy , the most Mutinous Member would needs be Loyal , when it was to late ; and the most Malitious Miscreant at the Pen , Publisht his Memento , when his Money with his Membership was sequestred from his own Home , as well as his self from the Parliaments House , and then palliated it with a piece against his Majesties Murder : I the more Liberally enlarge upon this , because his party the Presbyter would appropriate to themselves from some 〈◊〉 Papers , the Vindication of their King ; but what I am sure in sincerity was their own Revenge , They , the Scot , and the Todpole Spawn of both ; that Independant , made use of unanimously the Defence of their Prince for the Destruction of his Person , and then the differing Daemagogues , with the very same * Pretences strove to put upon each other , that is , both alike , full of the same falshood , both alike , fancyed their own Integrity : they seemed to Labor for the two sublimated Vices , Hypocrisie and self-conceit , whereof the one made them twice Villains , the other double Fools : And this Confounder of Paper , as well as the People , Publisht then , ‖ the very same Principles this starch't Republican has proposed now for new Politicks of State ; Pryn and Plato differ only in this , one Labour'd to make Law speak Treason , the other Sense . Lastly were not the Parliament very tender of this last , this present Princes Power and Prerogative , when they enacted a new * Oath , to be taken by all in Office , for the Renouncing the Trayterous Position , of resisting his 〈◊〉 , with his own Authority : And this Rebellious Proposal of our Republican is to make even the Parliament it self to make use of his † Authority , even for an Usurpation upon his Prerogative ; and when once they come to Manage that , they may be sure they 'll be his Masters too , and I hope 't is now in some Measure proy'd even in the several particulars , I undertook should be so , that our Monarchs had heretofore an absolute Management of Affairs , without an Interfering of Parliaments , which then had not so much as Being , and which were , since they had it never called , as their very Writs express it , but to ‖ consult , that they never offer'd to set a Council over their King , much less themselves ( as this * popular Pedant calls it ) to Manage his Militia , and demonstrated this as was designed , from Prescription , even beyond Chronicle , from the Laws of every Reign , and my little Light of Reason . All the following Propositions are as much against Reason and Law , for the third is , that the Judges be nominated by Parliament ; which as it would divest the King of part of his Supremacy ; so it would make themselves in effect , both Judges , and party , for those , then their own Creatures , would have the Exposition of those Laws , which themselves had made : The ‖ Law allows all the Four Courts at Westminster , to be all Courts by Prescription ; and then let them tell me to whom belongs the power of Electing those that are to preside in it , to the Kings of England , that can prescribe to their Government , even from the very Britains before Caesar ever set Foot in it , neer 1700 Years agon , and with whom , their Courts of Judicature were ever Coeval ? or the Constitution of a Parliament , that first within this four hundred years could be said to have a Being ? and so that which themselves would now controul , had a Priority even in time to their Existence , for near 1300 Years : It is called the Court of Kings Bench : Let them name the Judges ; it must be no longer His , but the Parliaments : 'T is Rehellion in them to assume it , for they must at the same time too take the Soveraignty , the Supremacy ; and 't is that such Seditious Proposals must aim at , and truly do ; for 't is expresly declared for ‖ Law , that the Justices of the Kings Bench have Supream Authority ; the King himself sits there in them , as the Law intends , if the Parliament can chuse their Kings Representatives , they can their King too , and make the most Hereditary Kingdom Elective , before the Reign even of Edward the * First , the Chief Justice of this Court was created by Letters Patent ; 't is out , ever was , and will be out of the Parliaments power to create per Patents , even a petty Constable ; 't is the King alone that by these his † Letters can constitute Courts , and grant all Regal Rights : He can erect a ‖ Court of Common pleas , in what part of the Kingdom he pleases , and shall he that has a power over the very being of the Court , not be able to place his Ministers of Justice in it ? The Chancery is a Court of such Antiquity , that long before the Conquest , we have several accounts of it , tho some that were * Foreign to our Laws as well as Land , would make it commence with the Conqueror . Our very † British Kings are said to have had such a Court , and Ethelred the Saxon , granted the * Chancellorship even in Succession ; I need not , it would be Nonsense to design to prove Parliaments had nothing to do with such Affairs so long before they themselves exsisted ; and in this Monument of Antiquity fam'd for the Distribution of the most Equal Justice ( since they cannot pretend without shame to the power of Electing such an Antient Officer of the Crown ; ) why , what they can't presume to mend , must be quite Marr'd , and utterly Abolisht ; Pryn himself could never pretend , that this Great Officer was the Peoples ; tho that popular piece of Absurdity might have prov'd it too as well he did the rest from the paradox of all our Princes being Elected ; which tho allow'd them from their perverted Histories , yet still those whom they say were Chosen , had the Liberty of Chusing their own Ministers sure ; they can't have the least shadow for such a silly Conjecture , therefore this ‖ Sophister having just so much sense as to conceive from the begging one false Principle the most Damnable Falsehoods can be deducted , concludes , but yet very Cautiously , with a ( beleive so ) that since Kings were first Elected by the People , Officers of the Crown were so too ; that is , first he Lyes like a Knave , and then infers like a Fool. But the Printing and Publishing now the Reasons for the rejecting this Judicatory is only to try how near the natural Sons can tread in the Prints and the very footsteps of the former Rebellion of their Fathers ; for in the Reign of Henry the Third ; when this Mighty Parliamentary Power was first hatcht , far from being brought to the Maturity to which Time and their popular Encroachments have since ripen'd it , then the 〈◊〉 Embryo of State just modell'd and conceiv'd . The Rebellious Barons being then the Parents ; as also a Rebellion since the Nurse of such Seditious proposals ; demanded the very same piece of Praerogative , to have the * Chief Justice the Chancellor , and Treasurers to be chosen by themselves ; and then exercis'd the power when they had got it like so many Tyrants too , that Ostracism upon the Kings Officers of State , succeeded no better then that at Athens , only to make room for so much worse ; the Leaguers in ‖ France Petition their King to remove his Counsellors and Officers , that they might put in others of their own , and shall the Presidents of Papists , and that of Rebel ones obtain , even with our Puritans , to Rebel ; will they boldly own themselves Protestants , and not Blush in the practices of those very Catholicks they condemn . Did not our late Rebels and Regicides show themselves more Modest , and Regular in their Attempts for Reformation , than this more insolent Republican ; they never entered upon Abolishing this Court , till they had extirpated the Monarchy ; it was the ‖ Council of State , that then voted it down ; the Rump it self , the very Nusance of the Nation , had but just thought it convenient , among the midst of all their Innovation , to root out a Constitution so Old ; they had but just Voted for the taking it away , when Pride's Purge came aud scour'd both these Legislators and the Law , and tho then , the Chancery was criminated with the same Aspersions ; we find lain upon it in * this Libel , for † Chargeableness , Dilatories ; yet even by those most virulent Villains , it was allowed , if well managed , to compare with any Court in the whole World ; whereas the ‖ Doctor of Sedition here thinks , that at the best , there is not to be found a worse Tribunal in the Universe , neither was it easily compast even in those Times of Confusion ; there being no less than three or four Bills brought in for the purpose , before they could with the Corrupt Committees of that Council agree on one ; for the Commissioners for this Regulation , understanding as little Law , as they had broken much , had hardly the Sense to propose their own Sentiments in such a way , as might make the Members Sensible , there was any Reason for the prosecuting the very Work they had Undertaken ; they seemed to resolve only to Ruin a Court constituted with the Monarchy it self , before they could agree for the reestablishing another in its Room ; there seemed a sort of Sympathy between that and the Government , both founded , both fell together , and both before the Subverters , had or were like to find out a better ; Livy tells us like it , of another such a sort of rash Rebellious Reformers in Itaely , a distempered State , that fell out with their Aristocracy , and designed a Deposition of their Old Governors , and that only to chose new . But before they could agree upon choice , they found it , I 'll assure you as difficult to get better , as it was easie to destroy whom they thought worse , and , so with a wise Acquiescence , were satisfyed , and sate down with an unintended Submission : It had been well for ours , had they been so wise as to have thought so , and done so too . But so furious were they here , in this very point of Reformation , that tho * they could not agree upon what they would Reform before the Term approacht , the Members that had Voted for the Abolishing , ( as they call'd it , this Corrupt Court ) would not care to pass through the Hall , while it was sitting , but moved to have its Jurisdiction suspended , till they were agreed for the manner of its utter Extirpation ; and on they went with their Legislative Swords , their Armed suffrages , till they past that Second Vote for the new modelling of all the Law , and so not only supprest the Chancery , but that Malignant party , Justice and Equity was Banisht by those very Villains that had broke all the Statutes of the Land. In short , they never did destroy these Judicatures ; but when they did 〈◊〉 their King , they never chose their Judges , but when they had 〈◊〉 the Supremaey , they never can do either without subverting the Monarchy ; for 't is their own Soveraign that sits and presides in them , and the 〈◊〉 Officiate but for him , because not ‖ sufficient for it himself , and therefore has committed all his power of Judicature to these several Courts of Justice . The King is said to Judge by his Judges , 〈◊〉 the Parliament elect them , they are none of his ; they chuse their Soveraigns Representatives , while they would think it hard his Majestie should make the Peoples , or nominate but to a 〈◊〉 Burrough . Thus much for their Management of the State , the next part of the Proposition , is their modelling of the Church , and in that our modern Republican agrees with our Old Rebels , for the depriving the Bishops of their Votes : That was one of the Projects was set afoot , as the very forerunner of our former Troubles , that was publisht * over again in several Papers and Pamphlets now , besides in this very piece : and could they condemn our Fears of a Subversion of the Government , when their Libels in & about 80 , lookt only like the new Editions of those in ‖ 41 , as if printed Rebellion was to suffer but a 〈◊〉 . You shall see how they began with the Bishops just before the last War in their Libels , and then how of late they began to War upon Episcopacy again in their Papers and Pamphlets , you shall see how the Parliament Espoused the Peoples Quarrel to that Hierarchy then ; and how near our late House of Commons was for falling upon the Prelacy now ? Leighton , a virulent Scotchman , led the Dance , with a Zeal like that the Nation it self shewed afterward against that Apostolical Order ; he told the People plainly , they must Murder all the Bishops : And in his canting Phraseology , * Smite them under the fifth Rib. 'T is true the Government of Church and State , stood yet so strong upon its Basis tho shaken with an undermining Plot , that it dared to punish such an Execrable Villain , with the Pillory ; and sentenced he was in the Star-Chamber , to be stigmatised , cropt and slit , and tho the Parliament had not openly declared themselves against this good Government of the Church , yet they had shown such Symptoms of their Disaffection to it , that this Impudent Libeller could presume to make them his Patrons , and present them with his Plea. And I ha'n't found in all their Journal , any Order for so much as the censuring him for such a piece of Presumption . To exclude the Bishops from Voting in their Assembly , the Confederates of Scotland drew up a Libel against them , one in the Literal Sense , full of Scandal and Reproaches : But the denying them there their Rights in Parliament , was soon seconded with the Robbing them of all too they had in the Church , whom they had excluded , they soon 〈◊〉 , and then abolisht utterly the sacred Order , so did also within two years after the good Parliament of England begin with the Prelacy too . Pennington with his packt Petition of Prentices , presented to them their Abhorrence of that Hierarchy , the cunning and counterfeit Commons ; that Honse of Hypocrisie , seemed a little dissatisfyed with an Alteration of the Church Government it self , ( that is ) they did not care to pluck it up presently , Root and Branch , but fell upon another Argument somewhat more plausible , tho to the Zealots less pleasing ; but what in truth was but Introductory to the same thing they more deliberately designed , that they might proceed somewhat like Senators soberly to Sedition : and that was about the Synod , and Convocation , Canons , and Constitutions Ecclesiastical , which they soon resolved to be against the Fundamental Laws of the Land : But these Lay-Members were only mighty loth the Clergy should here have their Representatives , as well as the Laick ; they must otherwise have seen , that such a Resolution would upbraid them to their Faces with a Lye ; for this their Court of Convocation , was as much founded upon Law , and more too perhaps , than even that of the Commons themselves , who with their inconsistent Votes with Contradiction it self , condemned it . Exclude the Clergy , and the very Foundations of your House must fall : Did not former times allow you Representatives , that every one might have an Hand in the Composuion of that , which he had an Obligation to obey ? Banish the Bishops , your Assembly , and tell me by what Proxies the Church shall be represented ; and what shall tye her to the Observation of those Laws , to whose Constitution she gives no consent . For a Thousand Years before they had a being , there were such * Synods Assembled , never called but by the King 's Writ ; and they have no other Authority for their own Sitting ; and might as well have Voted , that their own Assembly , as indeed it was afterward , was ‖ against the Fundamental Laws of the Realm , Prerogative of the King , Property of the Subject , Right of Parliament , and did tend to Faction and Sedition : And tho those Canons and Constitutions were streightned and limited in Henry the † Eight's Time ; and it was provided , that none for the future , that had not the Royal Assent should be put in Execution ; yet such Reverence and Respect , had the Parliament of those Times ( which I think was made up of a better sort of Reformers , than what past their suffrages for the setting aside this Synod ) that notwithstanding that Limitation , they put in an express Proviso , * that such Canons as were made before that Act , so long as they did not contradict Law , should be still in force after , and this was at a time too , when they were so far from being the Bigots of Rome , that they were reforming from Her , and acknowledged their Kings Supremacy even in ‖ several of those Convocations , tho whatever Religion they were of , Common Reason cannot make it a Crime , the countenancing of the Churches Right ; but these Violators of her Privileges soon discovered their Design upon her Patrimony too , for in the same Session , and that soon after , they that thus set aside the Churches Synod , sent up an Impeachment of Treason against its Metropolitan , and that by the Hands of Hollis , a hot-headed Member , whom his Majesty could have made appear , and within a year after did demand for a greater Traytor too : That Honoured Hollis , that lived so long , and so lately to Murder the Bishops once more in their † Peerage as well as Person 〈◊〉 but having gone so far , what they had scribbled down before with their Libels , they soon damn'd with a Vote . And in the same Year past that Bill , that their Spiritual Lordships should have no suffrages in the Senate of Lords . And when they were come to this once , to deprive them of their prescrib'd Privileges , and their Legal Rights , to send twelve of them to the Tower , only because they would not tamely forego the very Church's Birth-right , but entered a Protestation against the betraying of their Trust , you might think their Order it self , tho never so Primitive , never so much Apostolical , was not like to be long liv'd ; for in the very next Year , tho it was the good Kings giving one , when Star-Chamber was abolisht , the High Commission put down , Ship Money relinquisht , with six or seven several Acts besides for disclaiming Privileges , still his Seditious Subjects had so little Sense of his Goodness , that even in that very season of Grace , a * Bill was brought in for Abolishing this sacred Order , Root and Branch ; 't is true , 't was then husht up in the House ; the provident Patriots understood how to time it better , they had not yet come to covenanting , and concluded with the Kirk ; but as soon as they had framed their Holy League ‖ in Imitation of the Scots solemn one , which they afterward swallowed up too , and called their Assembly of Divines by special Ordinance ; then itwas as soon ordained , according to the Resolution of the Lords and Commons , that all that Hierarchy , should be utterly Abolisht , as an Impediment to Reformation and Religion . Thus you see their Mar Prelates , their Pryns , their Leightons , with their Libels , then first led the Dance , for the destroying that Order ; and I wish we had never seen so great an Assembly as the Senate of England seduced to follow them ; but shall we not suggest the danger of a second Destruction , when the same Designs were afoot ? Did not a Temporal * Peer some ten years agon fall very foul upon these Spiritual ones , in a Libellous Letter , that laid all the Obloquies that Malice or Lyes could invent upon their Lordships ? Was not there ‖ Papers Publisht , when the late Popish Peer was to be put upon his Tryal , to prove that they then had not so much as Right to sit as Peers ; tho they never set themselves aside , but with a salvo jure ? Did not they debate it even now in Parliament , where such a thing was never questioned , but when the Order it self was brought into Question ? Did not these † very Republicans about the same time , publish that the Clergys having a share in the Soveraignty , would ever be a Solecism in the Government ? Was not the Paper of Vnion about the same time to be presented to the Parliament , just such another piece as Pennington's Petition ? Designing Knaves ! your selves supersede all such serious Expostulation : Your selves are satisfyed , you had several Designs on Church and State , which you may well disown now , since the sad success seems now to make you Fools too ; that presumed upon your Parliaments patronizing , whatever the most profligate Person could * propose ; and defyed your King for getting better Patriots ; consider only the sacredness of that Order , the Antiquity of the Constitution , and the fundamental Law upon which it is founded . And then tell me whether without Irreligion , Innovation , or Rebellion , by which it once was , it can be once again abolisht ? Malitious 〈◊〉 ! those that in the worst of Times could in publick Parliament ‖ compare them to the Pharisees , to the Dog in the Fable , to the Destroyers of Vnity , upon pretence of Vniformity : yet those were forc'd to confess , that the very first Planters of Christianity , the Defenders of the Faith , against Heresies within , and Paganism without , both with their Ink , and with their Blood , were all BISHOPS . And here I am sure Establisht even with Christianity it self , a Convention of them being called by Austin , the first Founder of it here : The † Noble Peer , that was for Clipping the Wings of the Prelates , was compelled from the Suggestion of his own Conscience , to allow , forc't in spight of Faction , to grant that their Function was deduced from all Ages of the Church ; a Function confirmed by the Apostles ; a Function dignifyed with the Piety of the Fathers , a Function glorified in the Blood of the most Primitive Martyrs , admired by all the Reformed Churches abroad , and till that time flourished in our own at home . The Sacredness of the Institution , you see is sufficiently declared ; the Saviour of our Souls , sending such to work out our Salvation : His Embassadors , his own Apostles , sent their Successors , the primitive Martyrs , and least Laborious Cavil and Industrious Detraction , should make these primitive Prelates be bare Elders , prime Ministers , or Assembly Men , the very Text , the Testament it self , tells us , even in all its Translations , they were BISHOPS : tells us that was their Title ; his Disciples , his own Emissaries officiated under that Denomination , and all our ‖ Ecclesiastick Writers deliver it down to posterity , that by that very order all the Christian Churches throughout all Asia , where they were first Establisht , to their Progress Westward , as far as they were propagated , were all under their Government and Jurisdiction . I need not insist on it , on their being the most Divine , or the most Antient Order in the whole World , Envy , and their Enemies , Faction and their very Foes confess it , all that 's left is to shew how the Laws of the Land confirm it : And that those of the very Britains , 〈◊〉 themselves , and Danes demonstrate : the Brittish ‖ Bishops were Assembled in a Synod for a thousand years agon ; and Athelstan one of the First Soveraigns of the Saxons , ( with whom I am sure they never then disputed the Legislative ; ) even in his own * Laws allows them the Management both of Matters Civil as well as Ecclesiastical , from a just Presumption of their Knowledg in the Statutes of the Land ; they presumed as much upon their Equity , and Justice , and made them Managers of all the Measures and Weights , and such was their publick Administrations then , and so since , that they were still made the Chief Ministers of State , which made them not only Famous in their Ages , but beneficial to posterity ; and tho I never enjoy'd the Benefits of their Bounty , shall for ever Reverence their pious Memory . It was from their Liberal Largesses , most of those solid seminaries of sound Learning and Loyalty , were first founded and establisht : They can boast of more Bishops , for their Founders , than ever Kings for their nursing Fathers , tho their Princes goodness was the more to be admired in preferring those that did so much good ; and were these , thou venom'd Head , the ‖ Vipers of their Age ? the Cheats , the Hypocrites of those Barbarous Times , whose blessed , and most Monumental Labours , can make the most Civil ones now to Blush ? In the time of the Danes , the first Harold himself , call'd Harefoot , at a Convention of the Princes and Prelates at Oxford was Proclaim'd , and Crown'd King by Elnotheus , Archbishop of Canterbury ; and sure then the Law allowed him to meddle with Matters of State ; In all our old Councils * for five hundred years before the Conquest ; and for above two hundred after , Bishops and Abbots , made up the best part of those petty Parliaments , and that so long before these Contenders for their excludeing them their suffrages , ever sate in that Assembly as part of the Senate . And that antient piece that tells us of the ‖ manner of holding Parliaments , tells us too , that such Ecclesiasticks were always summoned . Seditious Souls ! let those that are to take Care of them too , have the same Subjects Liberty , you so much Labour for : Let Bishops be allowed their Birth-Right , as well as your Lay-Lord-ships too ; your † Magna Charta , was made for the Loyal Bishops as well as the Rebellious Barons , and that expressly declares the Church shall enjoy all her Rights inviolate ; and tells us as plainly , one of them was to sit in Parliament ; your selves know a discontented * Canterbury , and I hope you 'll side with him because he was so , claim'd for four hundred years agon , his Privilege of Peerage , in Opposition to His Prince , petitioned for his Right , and protested against the wrong , for fifteen hundred years , for so long our Monarchs can be Chronicl'd , can in every Reign , the Clergies being concerned in Parliament , be proved upon Record , and may they with the Monarchy last , that with its Christianity commenc'd : They seemed always to sympathize in their very sufferings , never to cease but by consent ; and Bishops were never excluded from their Votes ; but when their King himself had never a voice . The Sixth pernicious Principle they propose is for Marriages , Alliances , Treatises for War and Peace to be put in the power of the two Houses : And shall the meanest Subjects be Mightier than their Soveraign ? Not allow'd the Marrying his Issue when , where , and to whom he pleases : That the Parliament has presumed to intermeddle with this undoubted Prerogative of the Soveraign , ( since the Birth-Right of the poorest Subject , ) can no more be denyed , then that the two Houses have also actually Rebell'd too ; but they never pretended to make Matches for their Monarch , but when they were as ready to make War too : There was somewhat of that Mutinous Ferment got among the Members , in the latter end of King * James's his Reign , who tho they mightily soothed their Soveraign , with some Inconsiderable subsidies , for the recovery of the Palatinate ; so small that notwithstanding the Preparation for War , the poor Prince was forc'd to pursue Peace , and to tell the Men at Westminster so much too , that he intended to compass the Palatinate with an Allyance with Spain , which he was not like to obtain from the smallness of their Subsidy , and Aid : But tho the Commons did not care much for the maintaining the War , they were as much startled with this seeming tendance to Peace ; they knew their Prince poor , and therefore thought that the time to show the Subject bold : and so began the Puritan-Party to represent in a Remonstrance , Popery , Power , Prerogative , and their Averseness forsooth to the Spanish-Match . The pious Prince tho none of the boldest to resist an invading People ; yet took the Courage to tell them they took too much upon themselves , very warmly forbad them farther to meddle with his Government , ‖ and deep Affairs of State ; and particularly with the Match of his Son , with the Daughter of Spain : And this account they 'll surely Credit since it comes from an * Author , a partial and popular Advocate for this power of Parliament . And did not the Commons intermeddling with an other Spanish Match of Queen Mary's , send their Memberships into the Country to mind their own Business , and were presently Dissolv'd for meddling so much with their Soveraign's : And this I hope will be as † Authentick since it comes from an Author that has had the Thanks of the House . But this Disposal of the Kings of his own Children , and the Marrying them to what Princes he pleases , has such an absolute Relation , to the making Leagues and Allyances ; that the Laws ; which have declared the latter to be solely in the Soveraign , are as Declaratory that the other is so too ; and this power of the Prince of making War and Peace , Leagues and Allyances , is so settled in him by the Laws of the Land that till they are subverted , it can never be taken out . In Henry the Fifth's Time , a Prince under whose Courage and Conduct the Nation , I think , was as Flourishing at Home , as it was formidable Abroad : A Prince that kept a good Sway over his Subjects , and wanted nothing to the making him a good Monarch , but a better Title ; though his Expensive War in France , cost his People a great deal of Money , as well as Blood ; yet they were far from being animated into an Invading this part of Prerogative ; but declared , as appears by the Law of his Time , that to their King belonged only to make Leagues with Foreign Princes ; and so fully does this Fundamental Law of the Land place this power in the Prince , that it absolutely excludes all the Pretences of the People ; for it tells us ‖ ‖ expressly , that if all the Subjects of England , should break a League , made with a Foreign Prince ; if without the King's Consent , it shall still hold and not be broken : And must the Laws of our own , as well as those of all Nations be subverted , for the setting up a Supremacy of the People , which both declare is absolutely in the King ? The Seventh Proposal about the Militia is the most Impudent , because it has been the most confuted of any , by Reason , and baffled above all parts of the Prerogative Establisht by 〈◊〉 : History tells us , ever since Chronicle can Compute , and that is for almost Fifteen Hundred Years , that the Power of the Sword was ever in him that sway'd the Scepter ; and Statute tells us , even the very First * that was ever reckoned among Acts of Parliament , That if the King lead or send his Subject to do him Service , in his Wars , that he shall be freed from such other Services , as Castle-guard and the like , so that you see that extorted Instrument , the result of a REBELLION reserved this piece of Prerogative of the Soveraigns Sole Right . That the Members of the two Houses should have the Management of the Militia , was undertaken to be proved too by that Plague of the Press , Pryn himself , who proceeds upon his own false Principle and Premises which he beggs , and then may well draw from them a Conclusion of an absolute Lye ; for he takes it for granted , that by the Kingdoms Suffrages they made their King ; and them he could not ( as he says ) have this * Military power without the Peoples consent ; but why may it not be with less Presumption supposed , That a Parliament by special ‖ Act declared Traytors , pitcht upon Him for their Pen-Man against the Prerogative ? and then it may be more easily concluded , that Pryn was the most prejudic'd , partial Person , that ever put Pen to Paper ; for in spight of his Factious Heart , he must be forc'd to confess , that not only this very Charter of Liberties settled this Militia , but that it was confirmed to the King , almost in every Reign , by Act of Parliament , since the Time the very FIRST was made . To the very Son and Successor of Henry , that Great Confirmer of the great Grant , they declare , * that to the King belongs to defend Force of Armour , &c. All that held by Knights Service , the King could distrain them for the taking up Arms. By the Laws of the very next ‖ Reign : And in his Son and Successors that Usurpt upon his † Father's Right before it could be call'd his own , they declare the manner of his Mustering and Arraying the Subject ; and this they did too to Henry * the Fourth : A Prince that had truly no other Title to the Swords of his Subjects , than what he had gotten by the Conquest of his own ; yet so necessary was this inseparable power of the Prince , thought then to be solely in him by the People ; that they Acknowledg'd it to be absolutely even in him , that could hardly pretend to the Crown ; so inseparable from the Right of Soveraignty ? did the Laws allow this unalterable part of the Prerogative , that they have declared it Inherent even in such a sort of Soveraigns as seemed not very well qualified for an Execution of that Royal Power , which the Judgment of their very Parliaments decreed to be entirely theirs . They resolved it to be the Right of the Prince , in the Reign of a ‖ Child ; They resolved it so , when Subjected to the Government of a * Woman . The Commission of Array was revived again to King † James , in whose Time they resolved it such a Necessary Right of the Crown ; that they repealed for it the very repealing Statute of the Queen : This their * Oracle tells us , and that in those parts of his Works , which the Parliament that opposed this very power in their King , themselves ordered to be Printed ; yet themselves could as impudently Assert against the Sense of the very Law they Published , against the very Law that was reviv'd , but in his very Father's ‖ Time ; that his Son and Successors , ( tho necessitated for suppressing such Insurrections as themselves had raised ) † could not Issue out such Commissions of Array ; tho the very preamble of the Act declares the very purpose of it was to prevent and preserve the Prince from such Rebellious Subjects . And in truth the Rebels were Conscious of their Guilt ; and that it was which made them resolve not to know the Law : But presently represented in a Declaration , that this Commission was contrary to the Laws of the Land , and the Libertie of the Subject ; tho the very express privilege the Statutable Right of all their Kings Royal Ancestors ; but would not those wicked Miscreants have made even the Crown an Usurpation in their King , that just before ‖ declared , that it was against the Laws and Liberties of the Kingdom , that the Kings Subjects should be commanded to attend him at his Pleasure : And ordered * that if they should be drawn in a Posture of Defence for their Soveraign , the Sheriffs of the County should raise Forces to suppress them ; and then how can the most prejudiced partial Person presume to tell us that this their Kings Commission , was contrary to the Liberty of the Subjects , when they set themselves in Contradiction to all the Laws of the Land , in the very Declaration that denyed him his Array . Their Eighth Proposition is for the Forts and Castles , and that the Fortifying them be in the Parliaments power ; but even that too , base Caitiffs , your selves know to be by the very Letter of the Law in the Kings , the very Charter of their own Liberties , in this point confirms also the Soveraign's Right , where it is provided ‖ that the King can dispence with the Services that are due for the keeping of his Castles , when he sends those that ought to do them , to serve in his Host : By the very * common Law and Custom of the Realm before ; there was alway such Services due to the King , for the keeping of Castles : And certainly they were lookt upon then to be in the Disposal of the Prince , when the Subject was but a Tenant to serve him in his Fortifications ; And this Chapter of their very Charter I hope proves sufficiently not only that the King can command his Castles to be defended , but send his Subjects any where for his Defence , which the Declaration of the Commons did as Rebelliously deny . But besides the taking of the Kings Castles , Forts , Ports or Shipping is resolved , and ever was reputed ‖ Treason ; and were not the two Houses Traytors then by a Law , before that of this King made them so by Statute , when they ordered * upon the London Petition , and that of the Cinque-Ports , that all his Majesty's Forts and Castles should be presently fortified ; that no Forces should be admitted into Hull , without the Consent of Lords and Commons , seized their Kings Shipping , and made Warwick Vice-Admiral of the Fleet ; This was a sort of accumulated Treason , whose every Individual Act was truly so ; as if they designed that the Statutes should not declare more things Treasonable than they could dare to commit . My † Lord Cooke tells us , whom they cannot but believe , that no Subject can build a Castle , or so much as a House of strength imbattailed , or any Fortress Defensible without the Soveraigns consent , much less sure shall they seise those that are the Kings , and Fortifie them for the People ; and tells us again the * same in his Comment upon the very Charter of Liberties ; and will not that neither with our Licentious Libertines be allowed for Law ? Is not all the Military power both by Sea and Land declared the undoubted Right of His present Majesty , and that by particular ‖ Act in his own Reign ? does not the very preamble of it seem to provide against this very Proposition of such a Parliament or a Plato ; when it tells us expresly , that all Forts , and places of Strength , is and ever was by the Laws of England , the Kings undoubted Right , and of all his Royal Predecessors , and that neither both , or either Houses can , or ought to pretend to the same ; and declares that all the late Principles and Practices that assumed the same were all Rebellious ? And could some of our Mutinous Members , embrace such Propositions from the Press , that presumed to tell them they had of late made two such Impertinent Acts in the House ? † Acts invading the Subjects Property ; Acts betraying the Liberties of that very People they represent . In short , and that in his own Words , Acts , that empower the Prince to invade the Government with Force , Acts to destroy and ruin the State , hindering the Execution of the Laws , and the preventing our Happiness and Settlement ; had they had but the least Reverence for their own Constitution , and that Honorable Assembly wherein they sate , sure there would have been some Ordered and Resolved for the sifting out such a Pen-man , and sentencing such Papers to the Hangman , and the Flames ; what can be the result of this to sober Sense , or Common Reason , that such Villanous Authors should appear in publick at such a Session of Parliament , to Censure and Arraign the very Acts of their former Representatives ; but that they thought themselves secure from any Violent Prosecution from those that then were sitting ; and that it was not the Constitution it self of that most Honorable Assembly , the Seditious Sycophants were so Zealous for , but only the present Persons its Constituent Members they so much admired . The last , the Tenth of those pretty Proposals that deserves particular Animad version , ( for several of them Symbolize with one another , and so are by a general asserting of the Kings Supremacy sufficiently refuted ) is the Parliaments Right to the making Peers , the prettiest Paradox , that the Abundance of Sedition , with the want of Sense could suggest ; I have heard the Laws declare the King to be the Fountain of Honor as well as Justice ; but the Commons I think as they are no Court of Judicature , so were never yet known to be concerned in the making Lords . The King whom only our ‖ Law declares to have no Peer , is sure the only Person that can make Peers ; has not this Power been unquestionably in the Prince ever since these Realms had one to Rule ? was not the Title of Baron in Edward the First 's Time confined expresly to such only as by the Kings Writ were sommoned to sit in Parliament ; And even when there was an Innovation in this Point ? In † Richard the Second's Tumultuous Time , this Power was then not taken from the King till they took away his Crown ; did not he take upon him to confer the Peerage , and as the first President per his Letters Patents ? And Beauchamp Baron of Kederminster the First of that Creation ; did the Parliament ever pretend to make Peers , but when the Body had rebelled against the Head and rejected their Prince ? But the Creation of Honors might well then be inverted , when the State it self was turned Topsie , It was then I confess they denyed their King too , not only the conferring of Honors for the future , but passed an * Act for Voiding all Titles , Dignities , and Precedencies already given by him : But this was done to extinguish the very Remains of Royalty , that there might not be left behind him , the meer marks , the Gracious Dispensations of the very Favor of a King ; the inveterate Villains labouring with their Monarch to Murder his very Memory : And sure none of the Nobility have great Reason to relie upon Parliaments for the maintaining of their Old Honor or creating New , for the Privilege of their Peerage , or the making Peers , when the very First thing that they did , when they had got the Power , was an † Ordered and Resolved , that the House of Peers was useless , dangerous , and ought to be Abolisht : And all the Kindness their Lordships could be allowed , was to be capable of being elected into the Lower House ; and what an Honourable House of Lords was afterward Establisht , even by those that had purged away the Peerage , may be seen in the Persons of those that Usurper put up afterward for Peers , But under the Name , the Notion of that other House , when they granted that power of their Nomination to that Arch Rebel , which they but so lately denyed their Lawful King , why we had there then † Lords of no quality , no worth , little Land , and less Learning . Mr. Hewsons Lordship , that Honest Cobler , Sir Thomas Pride's Lordship , Knight and Dray-man , My Lord James Berry Black-Smith , My Lord Barksted the Bodkin-Seller ; and the Cant of their Counterfeit Cromwell , their Creator , might well tell them from the Text , not many Nobl's , not many wise were called , but a Creation according to the very Notion of the Schools , An House like that of the World too out of nothing ; framed by Him that had Himself * Sworn to be true to the Government without , founded in the Perjury of him that made them Peers , and of Persons that would have disgrac'd a Pillory : Persons prefer'd for their little Honesty , little Quality , little Sense , Persons whose Lands and Possessions could only qualifie them to be Noble , by being purchased with the Blood of our best Nobility . Lastly , Persons that were only famed for their Villanies , Mighty but in Mischief , making it an House indeed , not of Peers , but Correction , which the very Law tells us must be made up of Beggars and Malefactors . This Gentlemen , was the Peerage produced † by a Parliament's Rebellion to make Peers , of which it was too the most natural Result ; for that very Act upon a Just Judgment , would have Tainted all their Blood ; but they provided here for the purpose , Persons that defied , superseded the Work of an Attaindure ; Persons whose Blood even Treason could not more Corrupt : This , Gentlemen , was the product of that most preposterous Inversion , when the * Commons could make Lords , and their Kings House of Peers , with their very Titles and Honors ‖ Abolisht by an House of Commons ; they seemed to be ashamed of that very Bastard Honor , of which they were brought to Bed ; and could not tell how to Christen the base Bantling they had begot ; till at last some simpering Gossips stept up and Named it , an other House ( i. e. ) an House without a Name . Distracted Dolts ! the Compounds of Madness and Folly ; did you for this destroy your Kings Nobility created by Law , to dignifie the meanest Men , the Vilest Villains against the † Statutes of the Land ? did not you confess that of the Kings Lords to be a Lawful Government , and the best by recalling it , tho compounded of Wretches , the very worst , poor Prodigals ! whose Repentance only rendered you more Miserable , and reverst the Fate of him that fed on Husks , who returned to Herd with Swine . Have we not had heretofore Peers by particular † Act degraded for being a disgrace to their Peerage : Lords whom the Kings Law made Honorable , only their Lands could not maintain their Lordships Honors , and that tho Blood and Descent , had entitled them to it ; whereas many of these their Parliament Peers , had neither Law , Land , Blood or Money to make them so : Did not the Parliament , that very Parliament that Abolisht afterward our English Peers , Petition the ‖ King against Scots and Irish Titles , and told him to this purpose , that it was Novelty without president , that persons should possess Honor , where they possess nothing else ; and have a Vote for the making Laws , where they have not a Foot of Land ; had their own Objection been afterward applyed to some of their own Country , and that pitiful Peerage of their own chusing , they must have Blusht upon the Reflection of their own Thoughts , when they remember'd with what they upbraided their King. The possessions of their Noble Peers , being Just none at all ; or what was worse than nothing , the purchase of their Villanies . It is recorded , I remember , in the Conqueror's Time , that Hugh Lupus , Earl of Chester , upon special Favor of his Prince , being the Son of his own Mother , by a Second Husband , Arlott having Marryed Harlowin , a Noble-Man of Normandy , that his Earldom was granted him by William the First , with as ample Jurisdiction as himself , held the Crown : A power I think beyond any of our present Palatinates , upon which he presumed to make three or four Barons ; but Historians observe it was such an Honorable Concession , as never any Subject before or since enjoyed ; and how they can presume to pretend to it now , I cannot Apprehend . It was alway a particular piece of Providence amongst all Nations , not to render that pitiful and Contemptible to the People ; which they resolved should be Reverenced and Esteemed , and unless we can imagine our Idolaters of the Peoples Peers , would like some Infidels adore their Wooden Deities , only for beeing Ugly and Deform'd ; or like the Israelites Worship Calves of their own Rearing , I am sure that empty Title , with which their Honors of that other House were only full , could draw no other Reverence and Respect , than that Ass in the Apologue from an Image that it carried : This I remember was the result of the Petition of the Portugals to Philip the Second of Spain ; and he I think obtained that Kingdom too , as our Republicans did once , and would again ours , with the Subversion of its Laws , and the Force of Arms ; it was their request , that he would not make their Nobility , ( of which they are not a little proud ) pitiful and contemptible , by preferring such to that Degree : whose Quality could not deserve it , what Peers we had when pickt by the Council of State , What Lords when cullyed out by the Commons ? let those remember who are so ready to forget it . Seditious Sots ! have not the Laws of all Nations , as well as our own , provided that this power be the peculiar prerogative of the Prince , and must these Politicks would Be 's , be wifer now , than the wide World ? Do not the Digests declare ; those Civil Sanctions whose Authority obtain with all Civiliz'd Subjects ( i. e. ) with almost all besides our own , and whose Reason can't be refuted by the best of the Rebellious Republicans that so little regard those , that their so much admired Legislators , their Solon or Licurgus never saw the like , Laws that must be allowed the most Rational by being so generally received , those † tell us , and the World , that the conferring of Dignities , depends upon the Sole care of the Soveraign ; that the Subjects ought not to dispute it ; and such a Religious Observance of this settled Soveraignty do those sacred Sanctions recommend , that they Censure it for a Crime , as great as † Sacrilege it self , to suspect his insufficiency whom the Prince should prefer ; some of those Laws were the Constitutions of Heathens , as well as other of those that afterward learnt Christ ; and had not the Doctrine of his Disciples declared Kings even an Ordinance of God ; the pious Pagans always esteemed their Princes Sacred : and such a source of Honor , was in their Soveraign Emperors , that even against their very Laws , they could allow them to continue those Noble , whom the Marriage with a Plebeian , had degraded from their Nobility , as Antonius Augustus did for his Neece Julia. 'T is Nonsense I confess to talk of the Laws of all Nations , to those that cannot obey their own ; or the Decrees of Emperors , for the Preservation of their Majesty , to those that will break Statutes to Libel their King ; yet still it serves to shew that even in this very point , the Laws so long before ours , † allowed this power to be the peculiar prerogative of the Prince ; and tho we are bound only to submit to the Singular Laws and Customs of our little Land ; yet still ( if in our Senses ) we must be Subject to such Laws as are founded upon an Universal Reason ; and for these Republicks that have revolted from that Regal Government , from whence they must derive their Honors , we find the best of their Nobility to be but Burghers . And the very Nobleman of Venice , this Courteous Author so much Caresses and Admires , one that must make himself so , and at best but equivalent ; ( if such great things according to the Latin Aphorism may be compared with small ) to a Gentleman of England , who wears only a shorter Coat , while the other a longer Gown . 'T is a solecism in Sense to imagin , that Plebeians can concur in conferring that on others which themselves have not the least Tincture of : A Title of Honor . Or that any thing , besides somewhat that is Soveraign , can really communicate it to a Subject : And we have seen , when it was Usurpt , what a sort of singular good Lordships and precious Peers were put upon us ; The Thebans would not so much as admit a Merchant into their Government , till they deserted their calling for ten Years , while the meanest Mechanicks were made Members of our House , and a Tinker of the Army's , just taken from his Tool : The Bishop of Ely was accused only in Richard the First 's Time , for putting in pitiful Officers into publick places of Trust ; and 't is but a little since , a Parliament intrusted our Lives and Fortunes in the vilest Hands . And lastly , this very Libel Lashes one of our * Kings for the preferring Worthless Persons , and makes it even a forfeiture of the power of the Sword ; at the same time that he contends for the People in this point , who were never yet known to prefer any other . An Italian State , as Tumultuous as our own , took upon them once to create a new Nobility ; but assoon as the popular Faction , or if you please the Convention of the People had set themselves , for the Preservation of their Liberties to make Lords ; why truly the Election was like to be of such senseless Scoundrels ; you may suppose a Barksted , or an Hewson , some mender of Shooes , or a maker of Bodkins : But so sensible were those Seditious Souls , that they were like to set up their Servants , that they wisely resolved to retain their old Masters : And I think were not some of us so wicked , we should all be so wise too , since we saw our own distracted Nation was never at rest , Till our Rulers were restored to us as at the FIRST , and our Councellors as at the BEGINNING . And last of all only let me take the Liberty in this last and dismal scene of Sedition to represent , but a bloody prospect of that Harmonious concurrence there is between all sorts of Rebellious Principles , tho projected by Persons of different Persuasions ; Persons that differ in Manners and Customes of their Countries ; Rebels remote from one another in Time ; Rebels as remotely allyed in the Lands ; wherein they live : As if the Sea it self , could not separate such Seditious Subjects , In their Principles and Practices ; that had defiled their Land with such a mutual Conspiration in the Murdering of their Soveraigns ; and let in an Inundation of Blood upon the Subjects ; and this Bloody Correspondency between the practice of primitive Rebels , as well as modern , between the Proceedings of Foreign Rebellions , as well as our Domestick , must result from the Reasons , any sort of Subjects have to resist their Soveraign , which we shall see were at all times , with all sorts still the same ; that is , just none at all , and that appears , in that People of such several sorts , were all forc'd to pitch upon the same Pretences for the Justifying their Treasons : And to make use of the same Cavil and Calumny against their Princes ; when they saw they could never ground any real Accusation . And lastly , to promote the same Projects , and Propositions , almost in a Literal Transcript for the levelling , the raising the Foundations of their several Monarchies , and making themselves the Masters of the Crown ; or rather , this Seditious Harmony of all Rebels , proceeds from their having ever been animated , and instructed by the self same Agent of Hell : the primitive Prince of Faction , the Devil ; and this parity of pernicious Principles , Practices , and Propositions , will appear in the perfect parallel , that there is between the Proceedings of our old Rebellious Barons in England , And the later Rebellion of the late Leaguers in France , and the clear conformity of the Proposals of our Parliament , and the polticks of this Plato to both : I 'll place them in their turn as they succeeded in their time , and let them that would prescribe to Treason , be proud of the Precedency . For the First , the Barons being greedy of Rule , the Commons of Liberty ; ( as a learned Author and * Antiquary le ts us know , ) some of the popular Lords began with the plausible pretext of the Peoples Liberty , when to suppress these Troubles , and supply the Kings Extremities , a Parliament is call'd ; but such an one , as prov'd much to the liking of the Lords , and as little meant to relieve their King , much less to redress the People : The Clamor was of Encroachment upon their Liberty : To silence that , the Charter is several times confirmed : But they finding what a power the Kings Necessities put in their Hands , were resolved to supply him with so little , that it might well keep their King from being Great ; they * force him to the very sale of his Lands and Jewels for Bread , and to turn out of his Palace , because not able to sustain himself in it ; they seised upon Dover his Castle , and the Kingdoms Key , which was Treason for that account , to deliver to a Foreigner , and than a Fortiori for a Subject to take , made Head against their Soveraign , called in French to subdue him : Which when they had done , ( in which Actions none more Zealous than the Loyal Londoners for his Destruction ) what was the Event ? Why our Historians tell us , ( and what are still the unfortunate Effects of a prosperous Rebellion ) Murder , and Sacrilege , and Sword. And the Victorious Barons Lorded it like so many † Tyrants too , till Providence in a more signal Victory restored their Lawful King , and the Subject's Liberty . As the Baron's Wars began in King John's Time , but broke out in a more perfect Rebellion in his Son Henry's , so were the seeds of this Civil Dissention sown in the Reign of Charles the Ninth , and were fully ripened in the Reign of his Son , and that a 3d. Henry too : The Nobles here were disgusted , and soon made the Commons so too : A Parliament there too was thought to remedy those Discontents ; and that as our Henry's encreas'd the Distemper , they told the French too of their Taxes and Impositions , and accus'd their King of Misgovernment for imposing them ; as our Lords combin'd , so these Leagued for the redressing of Grievances , and were first Aggressors in seising Verdun and Tull , two Towns in France , as those did Dover and Hull in England ; * their Henry was forc'd to flie from Paris , his Principal City , His Metropolitan , also of Sedition , and that by Tumult too : And what did it terminate in , but in the Murder of their King too ? The calling in of the Spaniard , that was like to inslave the People to a Foreign Yoke ; and at last weary of the Usurpt Dominion of the Duke of Mayne , that had imposed on them a Council of State too , the Tyrannous Assembly conven'd by Conspiraors , was confusedly Dissolv'd in as much Distraction and Disorder : And the recovered Nation return'd to their Lawful Lord. And did not our own late lamentable Distraction Commence in the Reign of King James , and put all in Combustion in Charles the First ; did not they first practise upon his Necessities , to which themselves had reduced him ; and then remonstrated against such Acts as were the very effect of his Necessity , encumber'd with a War , or rather betrayed into a breach ; they would not suffer the * Father to make Peace , and then denyed the Son the supplies of War : A Parliament is summoned too here , and that serves him just as the two preceding Ones did their Soveraign with Remonstrances of Oppressions : For this the petition of Right was granted them , as Gracious an Act as that of the great Charter ; but nothing could serve unless like that too , 't was sealed in Blood ; and for that they began by Degrees to be so Tumultuous , till this Prince was forc'd to fly his Capital City , and that also , as in the others , prov'd the Head to the Rebellion that succeeded ; upon their ‖ Petition the War was first began ; And Hotham sent to surprize Hull , as in the two former were Verdun , and Dover ; and now was all in Arms , and Blood , which ended at last too in that of their King : The Scots called in here , as in the former the French and Spaniard ; the People enslaved by those that set up for their Protectors : The Council of State , set up here as well as in France , and the ruin'd Realms never at rest , till they had returned to that Soveraignty from which they revolted . It is sad even to see the least thing * now that looks like a prelude , to such a sort of Tragedy : The clamors of Sedition still the same ; Parliaments that are Assembled to redress them ; ‖ Remonstrating against Grievances they never yet felt ; Subjects † Associating against their Prince , for his Preservation ; the draught , the Scheam and abstract of the Baron's Combination , The French League ; the Scotch Covenant : so far from an Abhorrence of either , as to pitch upon a Compound of all three . Designs discovered and detected , for the seising of strong Holds ; the * Tower instead of an Hull ; and the ‖ Scot invited once more to pass the Tweed for a better booty : The Treason of such Practices is never the less , because the Providence was so great , as to prevent its Execution : Had that not interposed the Parallel Lines I am sure would have led us on further ; but all their draught beyond it must have been Blood. A Comparison between the Demands of our English Barons , and the Desires of the French Leaguers , from whence they have copyed as Counterparts . The Propositions of our Parliament , and the Proposals of Plato . English Barons . French Leaguers . 1. That the King hath wronged the publick State by taking into his private 1. That the Disposals of Places , of Office , and Trust in the Kingdom , Election , the Justice , Chancellor , and Treasurer ; and require that they be chosen by the common Council of the Realm ; Parl. Tent. 22. H. 3. be in the Leaguers , vid. Henry the 3d. of France's Answer to their Manifesto , who told them 't was against the Prerogative of all his Predecessors . 2. That it be ordained that 24 of the most grave and discreet Peers be chosen by the Parliament as Conservators of the Kingdom , Baker pag. 8. Ann. D. 1238. Regn. H. 3.22 . 2. That the number of their Kings Council should be limited to 24. D'avila pag. 341. our Propositions were not to exceed 25. or under 15. 3. That those Conservators be sworn of his Majesties Council , and all Strangers removed from it . 3. The City of Paris set up a Council of 16. of themselves , 〈◊〉 their Kings , was to admit Persons whom they should chuse . 4. That two Justices of the Kings-Bench , two Barons of the Exchequer , and one Justice for the Jews , be likewise chosen by the Parliament , ibid. 4. These sixteen so managed the Judges of their King upon a Presumption of their favoring their Soveraign ; that they got three of them strangl'd without process . 5. They brought with them Consciences sull of Error and Schism , against the Laws , and the Canons , 5. That there should be a Reformation in the Church , and no Hugonots , false Prophets fomenting Heresies against the Vicars of Christ. Mat. West . pag. 332. favored . 6. They would not have this Henry the 3d's Daughter marryed to Alexander King of the Scots , and for a long time would give him no aid , which at last with much ado they did . 6. That his Allyance and Truce with the Kingof Navar was against the Interest of his Subjects . 7. At Lewes they took upon them so much of the Militia , that they made their Prince a Prisoner . 7. That the strength of Provence , be put in the hands of the Duke D'Aumarle , or such others as they should nominate . 8. The 24. to dispose of the King's Castles , and no Peace , till all the Forts and Castles be delivered to the keeping of the Barons . 8. Leaguers seiz'd upon the King's City , Castles , and strong Holds D'avila pag. 328. 9. His Councellors elected by the Parliament , allowed him such a pitance for his Houshold ; that they starv'd him out of his Palace . M. Par. 807. 9. That the Kingdom could not be safe so long as the King was environed with Non-confiding Persons . 10. They chose their own Peers called the Peeres Douze . 10. That they might have the Disposal of all Honor , vid. their King's Answer to their Manifesto . This Parliament of those Rebellious Barons , my Lord Cook , that had as much Veneration as any Man for that Honorable Assembly , called the * mad Parliament , the reverse of that of Edward the 3d. which he calls the ‖ good one . And I am sure the Propositions of that in 41 , would have made the Learned Lawyer , ( had he lived to see them proposed , ) pronounced that Senate as distracted too , as that Oxford one of Henry the 3d's ; but it may suffice that special † Act since supposed them in their Witts , in declaring them what was worse ; TRAITORS . CHAP. III. Remarks upon Mr. Hunt's Postscript . THIS Disingenuous Author , with his Hypocritical Apology , for the Church of England , has just done her as much Mischief , as that of Bishop Jewels sincere one , did her Good. That pious Prelate with his unanswerable Arguments , had defended her against all the powers of the Pope ; and this with his Argument , which he Answers himself , has made her all Popish . Never did an Hypocrite pretend to so much Candor , and Sincerity , that had so little Shadow for such a Pretention : His Falshoods look'd as if he designed , and thought , he could have imposed upon the Government and his God ; and , in spight of Providence , to have secured himself from the Justice of that which was established ; and at the same time made sure of the favor of those that were for undermining it . The one was to be blinded with his being Author of the Bishop's Right : The other imposed upon with his Penning the Postscript . But however he deceives himself , the Almighty will still make good his own Word , That he won't be mock'd . He has denounced express Judgment against a double Heart , and the Nation now deserv'd Justice , To such a Sycophant . With what Face can such a Rumper tell us in the tayl of his Postscript , that no Passion or prejudice perverts him against the State of the Kingdom ; when all know that it 's being thus established , not only lost him a place in the Law ; but disappointed him of being an Irish Judge ; and thus the virulency of his Pen , betrays the truth of His Passion , which he would Apologize against with a lye , and that it can rise as high as any Furies , for as deep a resentment of an esteemed Injury ; when the Government all the while was far from doing him any wrong : But if it should meet with him now , I dare swear would do him Right : And this is altogether Reasonable the World should know , that the best of our Rebellious Male-contents , tho' they strive to palliate their Passions and Prejudices against their Governors , with a show of being impartial and indifferent ; that 't is but a meer shadow to cloud the Fire that Glows within , while truly still implacable , impatient , and impossible to be govern'd , and that those that pretend but with Moderation to discommend many things in our Monarchy , have nothing in them , but the meer Malice and Spirit of Republicans . And this will appear from his very first Paragraph that provokes my Pen , He lets us know that the Church of England is like to fall into that of Rome , * by the unpresidented folly of some of her Sons ; Fall , by a Divine Fate , ( as he makes his Holyness to say ) for her folly . That is , ( as he must mean by Consequence ) for maintaining a Divine Right . For to this purpose ( says he , ( Sir Robert Filmer's Books were reprinted , and others for the same . And truly , I am so far of this Gentleman's Opinion , that the good man the Pope may very likely call it a very foolish thing , and laugh at the Doctrine of any Kings Divinity , that endeavors to set himself above all Kings , so that unkind even to himself , and his Friends , the Dissenters ; he unawares ties them up together with the Tenents of the rankest Jesuits of the Romish Religion , and endeavors with the self same Arguments and Objections , to set up the popular Supremacy , that those Impostures do the Papal . But first only let me beg a postulate or two from him that pretends to be a Christian , which an Infidel or Heathen won't deny , much less then one that has the Bible , for an asserting it's belief , viz. 1. That power in general without appropriating it to any particular Government , is somewhat that is Divine , not barely ( as it is exercised by some Humane Beings below ; ) but as it is communicated to such from their God above , that is all so , and hath it as one of his Attributes , any of which is Infinite , and adequate to the Divinity it self . 2. That this power is actually communicated to some Being here below for their better Government and Subsistence , No Humane Beings , but such as desire to live like Beasts , can well deny , 3. That this part of God's Attribute , so communicated to Man from his * own Mouth Dominion imparted cannot cease to be Divine , notwithstanding such a Communication , though to a Creature Humane , all that understand the least part of Divinity will assert ; and without any supernatural Illumination , even from this natural simile of the Sun 's Light , can easily comprehend , which tho' it dart its rays through almost an Infinite Darkness ; yet wheresoever they are extended still remain Light , neither is his own by the Kindness of such a Communication the less . So that taking it for granted which must be , that a power of Government is communicated to us here below by the God that Governs this and all above , and this so communicated , remains still Divine whereever it is lodged , the Question is reduced to this , Whether it appertains to a Multitude as many , or a Soveraign Sole , whether with their St. † Peter , 't is seated in the Ordinance of Man , or the Powers with ‖ St. Paul are ordained of God. That this Divine Power and Right is in Kings , he has superseded my Labor to prove , by letting us know 't is the Opinion of most of our Orthodox Divines , and their Sentiments are sufficient to determine the point , especially in Matters to be proved from the Bible , whose best Explanation one would think must be found amongst those whose Profession it is to expound , unless you would imagine the Bishops the better Readers upon the Statute . Hunt and his Casuists the most Conversant among the Critiques . That this power Divine is placed in the People , I 'll shew it is the Opinion both of viiolent Jesuits , and the most virulent Phanaticks , and their Seditious conspiring in the same sense , the most powerful persuasive with me that their Sentiments are Erroneous , their Position a Lye. Bellarmine * tells us , God has made all Men by Nature equal , and therefore the Power is given to the People . † Buchanan tells us , That they have the Power , and from them their Kings derive their Right . ‖ Parsons proves , Kings have been Lawfully chastised by their Subjects . * Knox says , Princes for just Causes may lawfully be deposed , or bridled by the Nobility * Suarez shows , the Power of Deposing a King , to be in the Pope , or the Common-wealth . ‖ And Calvin seems for suppressing the rage of unruly Kings , as well as the Ephori did those of Lacedaemon . † Mariana a Jesuit of Spain , says . The Common-wealth , from whence the Kings have their power , can call their King to an account . * Beza , Calvin's Successor at Geneva , tells us , The States-men of the Kingdom must restrain the fury of their Tyrants , or they are Traitors to their Country . These few Instances may serve of four or five rank Romish Priests , that have been transcrib'd almost to a word in the Writings of some of the false Reformers of our late Times , and those that truly reformed our Religion so long agon , who so far agreed with the Romanist , from whom they dissented . But whose Errors in such pernicious Principles in themselves might be imputed to the multiplicity of Matters , then to be reformed , which might make them want time for all Amendments , and that Rome , from which they did well , for the more purity of Worship , to withdraw , was ( as an old Aphorism tells us ) never built in one day . But to see now , those that have had all the Advantages of time , Instruction of the former Ages , experience of this , and of what Positions still were the promoters of Rebellion in both : those whose fury against the Romish Faith , sometimes has exceeded the Moderation of the Christian , and whose Zealous Rage has made them preposterously judge , the best reformed Church in the World , our own , Antichrist , 't is matter of Astonishment to see such espousing her Doctrines , wedded to her Principles , whom in their canting Tropologies , they still represent as a Whore : Yet still love for her Lewdness . The Restauration of the King was brought about , he tells * us , without the Assistance of any of the Cavalier party , and the recovered Nation obliged a wary General . The Suggestion is somewhat Impudent so boldly to deny truth , when the memory of man can give him the Lye : prethee did the recovered Nation oblige the Wary General , or the Wary General compel the Nation not yet recovered : 't was well he had an Army at his Heels , and that at his Devotion too , or else his long Parliament would hardly have Dissolved so soon , and then it would have been long before we should have had a free one . The Parliament upon the returning of the secluded Members , was made up of meerly Presbyterian , and how likely they would have brought in the King , had their Session continued to Sit , may be guest from their expiring Votes , ( and sure you may believe the Words of dying Men. ) ORDERED that the General give no Commission to any Officer , who will not declare , that the War undertaken by the Parliament against the Forces of the King , was just and Lawful . ORDERED that they further declare , that they believe the Magistracy , and Ministry to be the Ordinances of God. ORDERED that they and their Sons , who have assisted the King against this Parliament , be made incapable to serve in the next . And had not some of the Honest Cavaliers , in spight of this Exclusion-Bill crept into the next Senate : Had not that Honourable Person , that eminent Instrument of the Restauration , the present Earl of Bath , ( whose bold and Loyal Undertakings , may they last beyond our Annals , and be as they merit eternal ) been ready to sollicite His Majesties Cause , whose Goodness could not but incline so good a General ; 't is shrewdly to be suspected , these his Presbyterians , that cursed then His Majesty with their expiring breath ; in that blessed Vote that sanctified all their Rebellion against his Father , that those that cryed Crucifie him to the last , would hardly have brought him into the City , with their Hosannah's : But when the Net was spread for them , 't is no wonder they did their Garments , and when the Birds that had lived so long wild within their Wood , were once Caged , they might well be for cutting down their Branches in the way , and their greatest glory is ; they cryed out then , their O King Live for ever ! when 't was too late to Vote * again , the Sons of Charles Steward should dye without Mercy . A † Leaf or two , this Gentleman spends upon the Reflections that have been made , upon the Censures that have been past upon the Procedings of some of our late Parliaments , and upon the Forgeries that have been contrived for the creating a belief of a Protestant Plot ; but I hope as much possest as he was , the Devil of Sedition has left him now , as he does Witches and Wizzards , when he has got them in the hold , and brought them to the Stake , sure his Eyes are illuminated now by the discovering so many Deeds of Darkness , and he was only blinded then with too much Light , that of Phrensy , or he that was co-eval almost with the Transactions of the last Rebellious Parliaments , would have observed somewhat to make him suspect the Loyalty of some of the late . Did not that begin with an Impeachment against the Duke of Bucks , and these with the Banishment of a nearer Duke ? Was not the late King by that accused of Arbitrary Power , and Popery ? and were not both these Accusations level'd at our present in several * Votes ? Was there not an actual Plot of Papists discovered only from finding some Letters of a poor Priest in Clerkenwell ? and have we not had a notable one now , as deep as Hell , that none but Heaven can sound the bottom ? Was not the good old Queen brought into the Conspiracy ? and was not Her present Majesty sworn into this ? Did they not declare the King seduced by Evil Councellors , and impeached several of the Seducers ? Were not several of the Council now impeached , and declared Seducers of the King ? Were not the Judges then impeacht , and Jenkins clapt in the Tower ? Were not Articles drawn against Scroggs , and some of the rest declared Arbitrary ? Were not the Spiritual Lords excluded from their Right in Temporals ? and did they not now again dispute the Bishop's Right ? Were not the Ecclesiastical Courts then to be Corrected , and that now taken into Examination ? Was not Manwaring and Montague censured in the House ? Thompson and several of our Clergy , now brought on their Knees ? Was there not a Councill of Six , whom the good old King impeached for bringing in the Scots ? and have we not had Six of the Senators that have suffered or fled Justice for the same Conspiracy ? Was not the Militia aimed at now , and taken away then ? Was not the House of Peers Voted useless , and now Betrayers of the Liberty of the Subject ? Lastly , did not the whole House take the Covenant at St. Margarets , and the Major part to have subscribed an Association now ? and last of all , Did not the Junto at Westminster pass an Act for the King's Tryal , and sign a Warrant for his Execution ? and now a remnant of a disbanded House , propose horrid Things , that made even some of the Conspirators * fly out , upon which ensued a discovered Assassination of their Soveraign ; and was there no danger of a Parliament ? no sign of a Protestant Plot ? Only , because the King did not leave Whitehall , and go down to Hampton Court , because there was no Essex in the Field , as well as the Plot , no King secured at Oxford , as well as in the Isle of Wight , that there was no High-Court , erected at Westminster , but only a better expedient found out at the Rye . If these are Arguments to render an House of Commons unsuspected , and a Plot of the Protestants unimaginable ; if because here are perfect Parallels of Proceedings as even as if drawn with a Compass , Mathematical , and which according to their proper Definition , I could draw to infinity ; yet still there must be presumed a great Disparity between the Subversion of the Government , that was actually compast , and the Destruction of it ; now that was so lately intended . If there be the least Difference between what led to the last setting up an Usurper , an Arch-Rebel , in the Throne , and these late Machinations of Hell to retrieve the same Usurpation ( bating but the Providence that interposed against its Accomplishment ) Then will I own what this Villainous Author will have taken for granted : That those that have the least Suspicion of Parliaments are the greatest Villains ; that a Plot of Protestants proved by Confession is still a Paradox , and that my self deserve , what he has merited , a PILLORY . The Pages that he spends in declaiming against trifling Wit , supersedes all answer and Animadversion , which himself has prevented in being Impertinently Witty , upon the very thing he condemns : The stress of his Ingenuity is even strained in the very declaiming against it : And Settle has not so much answered Himself , as Hunt here his own Harangue . That Gentleman sate down a while for his second Thoughts ; but this preposterous Prigg sets himself in his own glass at the same time a Contradiction to his own Writings . His * Observations upon the perjuries of the Popish Priests is so severe , that the absolute Argument of their Guilt is drawn from their very denyal , their Superstition I abhor as much as the Treasons they dyed for ; but I pity their Obstinacy , which till I am better satisfied I shall not condemn ; his inhumanity is hard , which unless he had good Assurance , by Christians must be blamed ; there is not a Criminal of our latter Conspiracy I will declare Guilty beyond his own Confession , and then there is not one that dyed but whom I can well think Guilty . His next ‖ Observation that is worth Ours , Is that upon the Legislative Power ; and there he makes each of the two Houses to have as much of it as the King , and that I deny with better Reason than he can assert ; that the two Houses are concurrent to make a Law , I 'll willingly grant , 't is my Interest , 't is my Birth-Right : But that which I look upon to be truly Legislative , is the Sanction of the Law , and that still lies in the breast of our Soveraign . If Mr. Hunt that in many places is truly Pedantick , will rub up his Priscian , the Grammatical Etymology will make it but Legem ferre , and then I believe his House of Commons , will be most Legislative , 't is their Duty , their Privilege rather to bring and offer up all Bills , fit for Laws ; and the King still I hope will have his Negative in passing them , the Commons pray , petition to have them past , and that implies a consent Superiour to be required that can absolutely refuse . ‖ the King can with out Parliament charge the Subject where 't is thought for their Benefit , and allowed to dispence with a Statute that concerns his own ; resolv'd by all the Justices , the King by himself might make Orders and Laws for the regulating Church Government in the Clergy , and deprive them if they did not obey , 22. Ed. 3. says , the King makes the Laws by the Assent of the Lords and Commons , and so in truth does every Act that is made , and every clause in it . * Bracton says the Laws of England , by the Kings Authority , enjoyn a thing to be done , or forbid the doing . These are Arguments that our King sure has somewhat more than a bare Concurrence in the Legislative : If not , he must be co-ordinate , and then we have three Kings ( which is what they would have ) and then as well may three hundred . I love my Liberty better than our Author , who has forfeited his ; yet I remember when too much freedom , made us all Slaves . The Extent of the Legislative Power is great ; but then I hope 't is no greater , than the King shall be graciously pleased to grant it shall extend : And then I hope it must be allowed that Equity and Justice must always determine the Royal Sanction too , which cannot of it self make all things Equal and Just , should it stamp a Le Roy vult , at the same time upon Acts inconsistent and contradictory , upon such as were against the Law of Nature , and all Reason ; such would be de facto void : 'T is hard to be imagined such Error and Ignorance in so wise an Assembly ; but what has but bare possibility in Argument must still be supposed : but that it has actually been done , will I prove possitively , and not with some of their illogical Inferrences suggest that a thing must be so only from a bare possibility of Being . Be it therefore enacted by the Kings most excellent Majesty , and by the Lords and Commons in this present Parliament Assembled , ( 't was then first those , that were by special Act since declared Traytors made their King * co-ordinate , assumed to themselves so much of the Legislative , that they left out the Fundamental form , by and with the consent of the Lords Spiritual and Temporal and Commons , ) that the said Earl of ‖ Strafford be adjudged and attainted of high Treason ; provided that no Judge or Judges shall adjudge or interpret any Act or thing to be Treason ; then as he or they should or ought to have done , before the making of this Act , as if this Act had never been made . This piece of Paradox , the Contradiction to Common Law , Common Sense , and Reason , had all the Consents , all the Concurrences that could if possible have made it truly Law , and even his unhappy Majesties forc'd , extorted Complyance . But will any Creature that is barely distinguish'd from a Brute , that can only offer at the mere privilege of his being Rational , debase his very Nature so much as to call it Justice ? Would they ascribe an Omnipotency to this their power of Parliaments , beyond that of the Almighty , and blasphemously allow to this their Created God , what the Schools would not the Divinity it self , to reconcile Contradiction ? but still these Statute Mongers , that can make any Miscellanies of Parliameut for their turn , this they will defend to be Legal , only because it was past into a Law : Let it be so , but still there must be much difference between this their Legality , ( which now in their Sense can be nothing , but the power of making Laws , ) and common Justice , which must be the Reason , for which they are made , and what is contrary to that , and all Reason , by the Laws of God , and all Nations must be null and void , otherways the most Barbarous Immoralities that an Heathen would blush at ; by such an indefinite Legislative would be truly Legal , only because they are past into a Law ; Murder it self made Statutable as soon as ever those that have the power have Sign'd it for an Act. These Suggestions of Consequences are far from being extravagant , because at , present , the Principles that lead to them , are what but very lately have been Printed and Publish'd ; and the very Practices themselves , not long since put in Execution . This * Author I am handling has made his Legislative not to be confined ; and that Plato , we have pretty well examined , allows his People can pass any thing for the good of the Common-wealth ; and then it may Polygamy too , because it was practis'd in his Republick , and is now tolerated amongst the Turks ; and what some Waggs tell us , an indiscreet Member was once moving for here : But that we can have Parliament Murders too , for I cannot call it less , since the Law has declared the Contrivers of them ‖ Traitors , the Case of Strafford , the Martyrdom of their King , are too terrible Testimonies , that our Legislative has been strein'd to make the greatest Injury Law , and Treason it self the Statute of the Land , for they past an Act for the Tryal of their Soveraign , and then declared it Legal , because it was past . Their God Almighty of the Law , † Cook himself , ( whose Words with them , is all Gospel too ) tho he in his Pedantick Phraseology , puts no period to this Power of Parliament , yet in the very * next Page condemns the self same sort of Proceeding ; and that was in the Case , that hard Fate too , of an other Earl as Innocent perhaps also , and as unfortunate : ‖ Cromwell was attainted in Henry the Eighth's time , much after the same manner my Lord Strafford was in Charles the First ; but only if so great Injustice can be extenuated , the latter was more Inhumane : For tho the First was Sentenc'd and suffer'd by Parliament without being admitted to Answer , ( A Proceeding against our * own Laws , those of all ‖ Nations , and of † Heaven it self , against all that was Humane or Divine ; yet Wentworth's Measure was more hard , whom they made to suffer with an Attainder after he had argued for his Life , confounded his Accusers , and convicted some of his own * Judges : The same sort of Severity Sir John Mortimer met with from this Parliamentary Po upon whom they past a Judgment without so much as permitting him to be arraigned ; but these Barbarities of Mr. Hunt's unlimited Legislative , were condemn'd even by this their learn'd Lawyer : ( tho' he would not , did not , or dared not question their Authority ; ) yet damned them ( in his own Words ) * if it were possible to dark Oblivion , if not to be buried in Silence ; but this more Dogmatical Judge with his Postscript , has rather Encouraged such Injustice and Severity , and represented to his Parliament a power they have of Proceeding more unwarrantably , when he tells them , tho the Succession of our Crown be Hereditary , they can alter the whole Line , and Monarchy it self , by their unlimited power of their Legislative Authority . But I shall also shew him that his Legislative power , as it cannot justly extend to such great and impious Extravagancies ( yet , but what we see it has been actually stretch'd to , ) so neither can it to some other things that are less so . In King Edward the Third's Time , there were several Acts past , that took away the power of Pardons from the Prince ; yet all these made void by the Common ‖ Law , because against the Prerogative of their King : And it was resolved by the Judges in King James † his Reign , that Himself could not grant away the power of Dispensation with the Forfeitures upon the Penal Laws , because annext to his Royal Person , and the Right of his Soveraignty : And if what is only Derogatory from the Crown 's Right , and King's Prerogative , shall be actually voided by the Common Law , as we see it did to the nulling three several Statutes ; I cannot see how this Bill of Exclusion , had it past into an Act , would not have been as much null and void ; unless it can be proved that our Hereditary Descent of the Crown , is not so much the King's Prerogative that wears it , as the Pardoning of a Felon , or the remitting a Fine : And that I believe will be difficult to be cleared by those that have spent so much Pains and Paper for its Justification , and our Author himself so much Labors for ; so that even the Common Law it self will anticipate the Work of the Statute : and perhaps his Highness need not have stayed till that of Henry the ‖ Seventh , had taken away his Exclusion , as well as Attainder , and purged away all his Defects , and framed in capacities by his coming to the Crown . I have but two Cases more with which I 'll conclude Mr. Hunts great point of Legislative . In † Edward the Third's Time , an Act was purposely declared void that was past , and the King had declared to give his consent to it . But it seems upon some oversight , or error , it was not actually done : And in the First of * King James , when they recogniz'd his Right , they petition him to put his own Acknowledgement too , without which it would not be compleat and perfect , from which I shall infer , upon the First ; here was an Act past , upon the King 's declaring , he would give his consent ; had there been nothing else but his bare Assent required , that declaring that he would , might have been taken for granted ; and his not opposing it afterward sufficient , not to have rendered it all null and void , and the great Imprimaturs the other two Houses had given it , with their Legislative have might in some Sense made it somewhat Obligatory : But here 't is absolutely declared void as wanting the very Sanction , that makes it a Law , or any thing besides waste Paper . Mr. ‖ Hunt tells us , we would not say an House of Commons can make a Prince of Wales , because the Prince of Wales was once confirmed by an House of Commons : And I 'll tell Mr. Hunt , just such another Tale ; The King cannot make his Coin without Metal and Allay , but does therefore the Metal and Allay make the Kings Coin , 't is his Royal Stamp , 't is his own Impression that makes the Money Currant as well as the Laws . From that of King James we may justly conclude , That if here , as they say , there were nothing required , but barely the Kings consent to the making it Law ; that might well in such an extraordinary Case as this be thought unnecessary to be demanded , since the King , that came so far for asserting his Right , could not but in Reason be supposed very willingly to consent to any Recognition of it . But they knew it might be an Acknowledgement of his Subjects without his Assent : But never an Act of Parliament , without such a Soveraign Sanction . In short , 't is the Privilege of all our three States , Lords Spiritual , Temporal , and Commons ; 't is their Birth-right , and that of every Subject to have a Concurrence in the making all Laws ; ( and why should I , be thought to Love my Native Right less than Mr. Hunt ? ) yet still this Peoples concurrence need not to be Co-ordinate with their Kings , or their Kings , but a bare Concurrence with the People : 'T is a Solecism to sober Sence , to say Subjects can be Co-ordinate with him , to whom they are Subjected ; and as absurd when they would salve it with saying , As such a Senate , they are not Subordinate , when even for that their politick Existence , they depend upon the breath of their Soveraign . 'T is Remarkable to see , and observe , how Providence has defeated , not only all their Attempts upon the Government , but even their most Malicious Suggestions , What pains did he take to turn over his Annals of Scotland , and pick perhaps out of his Hector Boethius , an Author that lived at his University , when he writ , far from the place where the Records were kept ( as a Learned and Ingenuous Author of that Nation observes ) which were the only things that could inform an Historian well in the Descent of the Crown ? or from the prejudic'd Writings of Buchanan , whom none but one so partial as himself ; such an Enemy to our own Government , as that was to the Scots , would have consulted in any thing that related to the Crown , and that only to make his Soveraign descended from a Bastard : He might from that * Author have told us too ; The Scotish Kings have all their Power from the People , and therefore the People's above the King : that the Multitude have the same power over Kings , that they have over the Multitude , who can depose him , and if he won't submit to their Charge , they can raise War against him , or any private Person kill him . But how has Time and Truth convinced the World that his Assertion is plain lye ? and I am sure without it , his Inferrence had been false ; the King 's Learn'd Advocate there has shewn from Records : That Robert the First King of the Stewarts there , was married to this Elizabeth Mure , that she was his first Wife , that from a copy of an Act of Parliament held at Scoon : the Succession was recognised to the Sons he had in his first Marriage , which were the same , Hunt has made first Spurious , and then would not allow them Legitimized by the second Marriage , because the first intervened , contrary to the Canon of the Church , that then obtained , and the Opinion of † all Civilians at present , and as he might have found it in the very Codes of Justinian ; With what Face can he now behold his own Impostures , or turn over a Leaf of his Seditious falshood without trembling ? The most adequate punishment I believe would be to confine him to read his own Works : Blushes and Shame , If he be not proof against both , must torment him more in the review , than he rack'd his tortured thought in the Penning it ; the sham of the Black-Box may as well be credited by the next Age , as this has done that of the Black-Plaister , when such Hunts shall Write their History of King Charles his Court , after the same rate that Welden has that of King James ; when they shall not 〈◊〉 contend at the same time to make Bastards of those that are Legitimate , but Legitimate those that are truly Bastards ; and the one all against Record , Charter , Statutes Ancient ; the other against the many Modern and Express Declarations of their present King : This piece of this Seditious and Discontented Lawyer ; these now unquestionable Falshoods , will be rever'd by the next age as a Revelation , if not sufficiently exploded in this ; and I know that Welden is hugg'd at present by the Faction as an Oracle of Truth , only for giving of his God the Lye , and reputed as an Author sacred only for Libelling of his Soveraign , that was truly so , and representing that Providence as a * Plague to his Royal Progeny , that has signaliz'd it self in nothing more than in Miracles for its Preservation . Most of the rest of his sublimated Sedition is spent in exposing the Divine Right of Kings , the Right of their Succession , and in truth of the Bible , and its Author , the Almighty ; he begins to confute ‖ St. Paul with that bandied Argumentation out of St. Peter that Kings are the Ordinance of Man , and with that very Text on the Front does that Devilish piece de jure Magistratuum , in one of its Editions begin : So Mr. Hunt enters upon the Stage of his Argumentation with a perverted Text , as well as one a reputed Papist , that was supposed to be set a Work by the Pope for raising a Rebellion against our most Protestant Queen Elizabeth , of whom I have two or three Editions by me , such Encouragement does Treason and Sedition still meet with amongst our Puritans , and the Popish part of the World for Re-impression and Improvement ; and from this damnable Libel upon Christi anity it self , and the Badge of its Profession , the Gospel , a piece so lewdly Seditious , that both the Catholicks and Phanaticks that hugg its Doctrine , yet had not the Confidence to entitle them selves to the work ; from this and Brutus his vindicioe has Mr. Hunt and his Apostate , absolutely borrowed all their Principles , at least unfortunately transcribed them by Inspiration , which I may demonstrate with as plain a Parallel as any Corollary can be drawn from a Mathematical Proposition ; when I come in the next Chapter to handle that Reproach to Christianity , that Opprobrium of our Church . In the mean while give me leave to close this with these few Animadversions upon some of this Lawyers Sentences , before we come to the Lewd Maxims of the Divine . * He tells us with Passion and transport , that this Opinion of a Divine Authority in Kings , renders us all Traytors , and this Doctrine of their Divinity is dangerous to the Peace of the Kingdom , and pregnant with Wars . Nothing but a Zeal that had overcome his Senses , could precipitate him upon such Paradoxes , the only thing that prevails most with me ( and I believe with all that are not open Enemies to the State , or fled from its Justice ) for an entertaining of this Religious Principle of our Loyalty , is that nothing can possible with Christians be a better Argument for their living peaceable under so good a Government ; or were it not so good , than to believe that those that are their Rulers have Authority from their God , and sure his Anointed is preserved the sooner from being toucht , from the regard an Heathen would have to any thing that has a power Sacred and Divine : what can be a stronger Conviction to a Reasonable Soul of the good , the peaceable Consequences of such a pious Doctrine , than that those that contend so much against it , are still found to be Disturbers of our Peace ? Can he prove that the Consecration of a Church , and the very presence of God in the Tabernacle shall be an Encouragement for Sacrilege , and an Invitation for a Villain to rob it of its Candlestick , Chalices , Offerings and Oblations : Only that he may break the Tables before the Face of his God , that gave the Law. But whenever our Peace is interrupted by this Doctrine , It is only by such Sacrilegious Desperado's , as dare attempt Majesty , and that upon the same account , for Plunder and Prey . At the last * he is mighty tender of his Fanaticks , and their Throats from the Papists ; but sure he may be now less concerned , when we can match them with an intended Massacre of their own , as clearly proved as the noon-day , but may well be disbelieved by such who can not only side with the Turks in their Arms , but almost most in their Infidelity : But I can tell them a more Ingenuous , a better way of denying their Plot , by confessing it , by owning what indeed it was , a bare-fac'd Conspiracy , a Resolute Rebellion . Hitherto Mr. Hunt has been animadverted on , as his Lewd Expressions , and the more abominable Principles in a Person pretending to so much sincerity lay scattered promiscuously ; so that our Remarks must have made a Miscellany , as well as his Book ; but its whole substance of Sedition , I shall reduce now to three several Heads . First , * That Assertion of the Legisative which he would not allow in the King. Secondly , That Divine Right which he would rather place in the People . Thirdly , That Succession of the Crown to depend upon a Parliament , or the power of both . The first Reason that he gives for the first , is from his Rule , and Inferrence in Arithmetick ; where a Unite added to two makes a Third . And the Conclusion is , because none can say therefore , those two do not go to the making that number , and what then ? Therefore the King hath not the Legislative , and this is the Logick of this Body of Law , when it sets up for the Mathematicks , and would demonstrate the King's Co-ordinacy as plain as a Probleme , and he might have told us too , without turning pedant in his Latinisms of Vnites and Triads , that one and two makes three , which no body can deny ( as the burden of the Ballad has it , ) and here upon the strength of his Performance , he has found out this wonderful discovery : I know not what kind of Figure he would make of the King here ; but I am sure such kind of Seditious Souls could with all their Hearts make him pass for a Cypher , I could find in my Heart to cap the pretty fimile with another as silly ; A three legg'd Stool , take away one and all tumbles to the Ground ; they being all Equal and Co-ordinate powers , for the supporting of this Supremacy in Cathedra , which sounds as well as their Curia or Camera , their old musty Metaphysicks that distinguisht once the King from his Crown . And this obliging Metaphor , will serve Mr. Hunt's turn much better ; For here every foot of this Magisterial Stool , is commonly made of the same Matter and Mold , joint Supporters of the tripple Dignity , whereas his Unite even amongst Mathematicians is allowed somewhat of Precedency , and to be the First , the Foundation of all number . But to be serious ( if possible ) in an Inference so silly , must he not suppose in such a simile of two Figures , which by the Accession of an Unite is made a Triad , and the two concurring as much to the making that number , as well as that one , must he not suppose ( I say ) this to result from the equality of every single Unite , so that one can not confer more to the Composition of this Triad than another : If they be not equally concerned or impowered ; then one would concur more to the making up that 〈◊〉 than the rest ; so that this Law Philosopher , this Cook upon Hereboord will be reduced to this Dilemma , either they do not equally go to the making up that number , or they do : If they do not , he denies his own Supposition , and gives himself the Lye : if he grant they do , then his simile is Nonsense in the Application , and a very begging of the Question : For we say that our Monarch , who , if he please , shall be the Vnite for once , is more than either of the other Two ; and if the peevish Malecontent won't be angry , I 'll tell him more than Both ? his Assent is such an One , as is attended with a power to deny , and neither of them will pretend to the Negative ; and that is the true Reason we find all our Republicans so furiously contending , for the taking away the Kings . It was for this , * Pryn Printed and Pestered the Press : For this he trump'd up his Treatise , That his Majesty 's had not an absolute Negative Voice to deny Bills of Common Right : For this ‖ Plato tells us , That His Majesty having it , evacuated the very ends of Government : For this Hunt Harangues , and says , He is so bold to say , That never any Bill in Parliament wanted the Royal Assent , that was presented by the Desires of the People . ( And I think 't is bold enough said with a Witness : ) For is not this King left at last by the Laws of all the Land , Sole Soveraign Judge , what is really fit for his Peoples good to be past ? whereas he presumes that their bare presenting , signifies the Desires of the People , and that must absolutely determine the Jurisdiction of the Prince . * He tells us , when a matter is moved in Parliament by the King , the Commons consent last , and are therefore the Commons Co-ordinate with their King ? Or does that only signifie , the Candid Custom of the Proceedings in Parliament ? The King is presumed upon his own Proposal of any matter ; the Party ; and they being consulted is only for their ‖ Advice , as the very Words of the Writ expresly have it , by which they are called , and the very Etymology of their very Name , the great Council expresses . Controversies in such Cases will be Eternal , until the Disputants agree in the same Notion of the Thing , they so much dispute : For otherways it is but making of Words , instead of Arguments ; if they mean by the Legislative of the two Houses , a power of Concurrence with their King in the making Laws , and that their Consent is to be required , they labor to prove just nothing , or what they may have without so much pains , and to so little purpose : If they will insist upon the Natural Etymology of the very Word , they will find the Derivative Legislative to be deduced as above , from the Latinism , Legem ferre ; and then in God's Name , let the two Houses enjoy even of that an Arbitrary power , and bring in what Bills they please , so long as they will not again force upon us , an Ordinance or Vote for Law , and the Statute of the Land ; but if their Sense of this Legislative power must signifie , That their Commons , have as much of it as their King , and That 't is that which makes their King Co-ordinate with his Commons , as is sufficiently clear from their Writings , that it is ; then I affirm 't is against Law , against Reason , and a Lye : For the King by the very Law it self hath power to dispence with Statutes ; his Proclamation is a Law , and an Edict , and as much as any of the Decrees of the Roman Emperor's ; with the Advice of his Judges , he will dispence with the rigor of the Laws , if too severe , and resolve their meaning if Ambiguous . Have their two Houses , whom they would have these mighty Law makers , the power of repealing , or so much as altering those very Laws they make , without their Kings consent ? And tho this Laborious Lawyer observes , That neither their King can pass any thing he proposes without theirs ; yet this his power , and that when they have not so much as a Being , Evinces the Prince , at least supream in the Legislative . The Learned in other Laws besides our own , tell us , a Legislative power may partly be delegated to other Persons , tho Subjects , and yet remain in the Prince even entirely , notwithstanding such a Communication ; I confess the Opinion of Canonists and Civilians may not be so Authentick with some , that abhor their very Names ; yet Grotius himself is of that Opinion , and he a Person that our ‖ Republicans can cite even on their own Side ; but our own * Laws allow it , or else I think our Judges too might make themselves Co-ordinate ; because their King's Commission communicates to them all the power of destributive Justice , that is in the King : We are told the King has committed all his power Judicial , some in one Court , some in another , and therefore the Judgements run , Consideratum est per Curiam , &c. and ‖ 'T is resolved , That if one should render himself to the King 's own Judgement , it would be of none effect ; yet for all this it would be false to affirm , That he does not do justice , because he has delegated it to others to be done . The King does not put in Members of Parliament as he does Judges ; yet Peers he makes , and calls them to Sit ; and Commons cannot come without his Writs for Election ; but certain it is that our Kings once had a more absolute Legislative ; for they all know their Lower House commenced but so late ; and heretofore their Nobles and Bishops , but such as the King should be pleased to call : And I cannot imagine that when our Princes admitted the Commonalty to be concerned in the making Laws , they then designed he should lay aside his own Legislative , or put it in Common as they do their Land in Coparcenary ; or in their great * Coke's , the learned Lawyers Language , make an Hotchpotch , a Pudding of his Prerogative . If every Politick Body , that has but a share in this Legislative , must also be presum'd to participate as much of it as the King , I can prove to them every petty Corporation , Co-ordinate with their great Convention of States ; and even a poor Parish , as great Legislators as an House of Parliament ; for by the Laws of the Land , even those can make their By-Laws without Custom or Prescription , if they be but for the good of the * Publick , and if they can but prescribe to it , may pass any private Acts for their own : The Civilians make their Law to be the Will , and pleasure of their Prince : But tho our ‖ Antient Lawyers would not expound that absolutely for our † own , yet they seem to make it but little less ; only say it must not be meant with us of his unadvised Will , but such an one as is determined upon the Deliberation and Advice of His Council . Pryn , that preposterous Assertor of this their Legislative , has furnished them sufficiently with as contradictory Arguments , as absurd as irrational Inferrences for its defence . He tells us in his Treatise * that Kingdoms were before Kings , and then the People must needs make Laws ; ( that I confess setting aside the very Contradiction that there is in Terms : For certainly the Word Kingdom was never heard of , till there were Kings to Govern ; He might as well have told us of a Derivative , that was a long time before the Primitive ) but bating this Solecism in Sense and Speech ; well meaning Will , designed it perhaps for the Word Country that was ; ( I believe as well as he ) antecedent to the King , but must it be inferred , because the Land was once without Kings ; therefore now no Kings must govern the Land ? For the Conclusion is as absurd to say , That therefore the People have the Legislative , and their Prince no Negative ; they do not consider the result of such rash Inferences , which return upon themselves more stronger in the rebound , and that even upon their tenderest places , which they can hardly suffer to be touched . Kings and Lords did a long time meet in Parliament before Commons in that Convention were so much as thought of , and therefore must none now be convened ? The Papists proudly tell us , their Religion was long before Luther , and must we not now profess our Protestant Religion ? Another of the same Nature , and as much Nonsense , is * this , They infer from the possibility of the King 's dying without Heir , and the Government returning to the People who then would be the Sole Legislators ? That therefore they must have much now of the present Legislative , and be at least Co-ordinate that have a possibility of being Supream . The Supposition sounds somewhat like the Song of the Children , When all the Land is Paper , &c. Tho it spoils another good Proverb , That no Man dyes without an Heir ; but the silly Souls do not consider , that by the same Solecism and Supposititious Reason , not a Subject has a Right to a Foot of His Land : For the Law says , All that is in England belongs to the King as ‖ Lord , which if the owners dye without Heirs must escheat to the Crown , and sure 't is as possible for any Subject to dye without Heirs as his Soveraign , when the † Law has taken special Care for them ; and then 't is but turning their possibility of a Right into an actual one , and they will be the most obliging Subjects to the Crown , that bring such Arguments against it . Another of * Pryn's pretty Paradoxes , is the very same with ‖ Hunt's impudent Assertion . I may with Modesty call it so ; since himself says , he dares to be so bold to assert it . It is that our Kings anciently always consented to Bills offered for the publick good , and the Postscript that never any Bill was lost , or wanted the Royal Assent promoted by the GENERAL DESIRES of the People : That Bills have been rejected they 'll find upon Record , and in the Journals of almost every Session ; and whatever is presented in Parliament must be supposed the Desires of the People , who Sit themselves there in Representative ; but the mistaken Gentleman , meant it of the Bill of Exclusion to be the Peoples General Desire : but that at last he finds a Lye too , and that the Generality have for the most part protested against it in Addresses declaring more the Sense of a People , than a prevailing Party in an House of Commons , when the best part of the Nation too , the Lords did not concur . But did not in * Queen Elizabeth's Time ; and that even so lately , the Parliament , and even every Individual in the Nation , desire her to declare her Successor , I am sure with greater Sollicitation , and a more general Unanimity , than they could be said to desire that Exclusion of the present King's ; did not the two Houses offer her four subsidy Bills upon that very Consideration , and she as resolutely reject both ? And could the refusing to shew even a Kindness to her next Successor , upon the importunity of all her People , with Money in their Hands , be less resented ? And shall the King , for declaring only against a Bill that was never tendered him , for declining to concur in this deepest Injury to his own BROTHER and Heir , and to pleasure those only that denyed to part with a Penny , be reproached and condemned so much more ? Did not the Parliament tender to King James three several subsidies to break of the Match with Spain , and the Treaty of the Palatinate , and he refuse tho tempted with what is seldom the Subjects Bait , Money ? How many Bills of Rebellion did the Mutinous Members , and that in the Name of all the People prefer in their Propositions to our Martyred Soveraign , to which the poor Prince prefer'd the most Ignominious Death , rather than condescend with his Veult or Avisera . * Base Caitiff ! ( forgive but your own Billings-Gate ) should these neither have wanted the Royal Assent , because offered in the name of all the People of England , and as the general Desire of the Subject ; if that Suggestion must have extorted his Assent ; then , mighty Miscreant ! he must have past an Act for his own Tryal , Sign'd a Warrant for his Murder , for in that name he was Arraign'd , * in that name he was Sentenced , and in that he dyed . Poor prejudic'd Soul ! whose discontent and Transport makes his own Maxims undermine the very Cause he would defend : Is then this general desire of the People , such an absolute infallible Determination of Matters of Religion , and Descent of the Crown , ( the very only points he labors for , ) that if their Desires be but promoted , put up in a Parliamentary way , by Bill or Petition , it must presently oblige the Royal Assent ? Be it so , base Creatures ! your own Arguments as basely betray your own Religion ; your own Arguments will help truly to subvert , that which you seek to Establish with such a furious , but false Zeal , for ought I know the Protestant Religion had been so setled in its Infancy , in its first Reformation in the Reign of him , that was the first Defender of our Faith , that it could never have been so soon interrupted with a succeeding Persecution , had but Henry the Eighth refused the Bill of the * Six Articles , prest upon him by both Houses , this was Judged a just and necessary Bill from Hunt's General desire of the People ; but had it not been better ? had it not saved the Blood , perhaps of all the mighty Book of Martyrs ? had the sturdy Prince rejected this as he did many other general Desires ? It was this Royal Assent alone , which would to God it had been wanting : And this Sycophant would have wish'd so too , did he really love the Religion , he so salsely labors for . It was the Le Roy vult , the Result of the Peoples importunity that then establish'd Popery by a Law , which had it been but then neglected , that new moulded Mass of Idolatry , standing upon its last Legs , had quite languish'd , dropt into the Grave , and been buryed in the Ruins and Rubbish of its own Idol Houses they demolish'd : For in the latter end of his Reign , so enraged did he seem against some Persons of that Perswasion , that he acted , as if he would have executed their very Religion ; * hanging up some iCarthusians even in their Habits , and mmured nine Monks in their own Monastery , where they dyed . This was it that so settled what they call Superstitious Worship , that it survived the short liv'd Reign of the pious Edward , and in Spight of all his providential care for it's exterpation , run only like the Guaronne that Miracle of a River in one of their Climates of Popery , ( if their Histories of their Country be not Legends too , ) only through a little Province in silent darkness underground , but rose again , and that with greater rage in the next Region : This good Kings Laws about Religion would never have been so soon repealed , the Commons House never have been so forward , as the * Divine Doctor , whom themselves have thankt for it , does make them , for the sending up a Bill for the punishing all such as would not return to the Sacraments after the old Service . Had the Six Articles been but past by in stead of being past into an Act ; they would have had no such Service to return to ; they would have been Strangers to Rome and it's Religion , and tho they were repealed in Edward the Sixth's time , his Fathers ratifying them made them take such root , that his short Reign could never Eradicate ; that left so many Catholicks in the Kingdom , that Commendone the Popes Legate , might well come over to reconcile her Highness's Crown to his Holyness's See. And here had not the Queen ( if such a thing could have been expected from a Sister of that Church so Zealous ) done much better , had she refused the Bills of both Houses , brought her for introducing the Pope's power and Supremacy ? your selves , Seditious Souls ! reproach this Royal Assent with Reflections , so scurrilous upon her Memory that the worst of Monarchs could never Merit , and then only give but Loyal Ones , leave to think that your Excluding Bill , tho never so much the General Desires might have been as much cursed by posterity , when it had entailed upon it Misery and Blood , the common Consequences of a debar'd Right . To come now , after this Ecclesiastical point of the Church , to that Civil one of the State , that other thing this Lawyer Labors for , the Descent of the Crown ; Shall the Peoples general Desires in this too terminate the Will of the Prince ? why then that Monster of Mankind as well as Monarchs did mighty well too , to pass that Murdering * Bill presented by both Houses of Parliament , to make good his own Title to the Crown , by the Butchering of those Babes in the Tower ; for no less could be expected , when it was once taken up by the Tyrant , than their Destruction for the Maintaining it ; so that this Peoples Desires dispatch'd them in the Senate before ever they were strangled by Tyrril in the Tower : Had it not been a much greater Honor to the Prince to have refused such a Barbarous Bill , than turned Usurper and a Butcher for it's acceptance ? Had it not left a less Blot in our English Chronicle as well as upon the Nation less Blood ? ‖ Did not both Houses exhibite a Bill even for the making Elizabeth the best of their Queens a Bastard . And does Mr. Hunt say this desire of the People too , did mighty well to prevail ( as it always ought ) upon the King ? Did not that Royal Assent so blacken his Person , and brought the Nations repute so low , that the very Protestant Princes left him out of their League , whom they had designed for its Head , and look'd upon our England as a lump of Inconsistancy , whom such Vnanimous Leaguers could not Trust ? And was it not in his Reign , That a Zealous * Papist said , It was the Parliaments Power to make a King or deprive him ? a fortiori then , a Popish Principle to destroy , or exclude his Successor . But as bold as this Gentleman thinks himself , when he dares to say , Never any † King denyed to pass those Bills which the People pitcht upon to present : 'T is none of his own Politick asseveration , tho it be but a piece of Sedition : It is no more than what a Seditious Senate ‖ told their King long agon ; A Senate that sate brooding on the pure Elements of Treason , and of which Pryn himself was a principal Member ; A Senate that sowed so much Sedition in one age , that all the Succeeding will hardly eradicate . A Senate that sate drawing out the Scheams and Platforms of a Common-wealth . A Senate that assumed to themselves indeed the Legislative the Nomothetical Disposition of the Law , but they proved such a Confounded sort of Architects in the State , that they drew a perfect plan , a confus'd Ichonography for Rebels to build upon their Babel . Those told us in plain Terms what * these more cautious Coxcombs insinuate with a silly Circumlocution , That the King is bound by His Coronation Oath to grant them all those Bills their Parliament shall prefer . And that they gather from their contradictory conclusion , that bandy'd Banter they have Box'd about in both Reigns for almost these two Ages , the ‖ VULGUS ELEGERIT . I am sorry to find these Seditious Souls not only to want Sense , but Grammar Lilly would have told them more of the Law , and his Constrctuion and Concord , made a better Resolution than their Coke upon the Case . But as the People when they have got the Power , will soon decide on their side the Supremacy ; so these Times did here assoon turn the Tenses , and transfer the past Laws into the Future : and 't is no wonder that those that did the Statutes of their Prince , could dare to break the Head of a Priscian . Is not the perfect Tense much more agreeable to Sense and Reason , here than the Future : The question is , Whether it shall be meant of those Laws , the People shall Chuse , or have Chosen ? I won't object here Our Kings being absolute and compleat Monarchs without so much as taking such an Oath , without so much as being * Crowned , which is the Time it is to be taken ; tho of that the Law has in several Cases satisfied the most Seditious and so resolved their silly Suggestion , The resolution I shall give is the Strength of Reason , and that must at least be as Strong as the Law. Let it be but once allow'd , That their King by this Clause is obliged to pass all Bills that shall be brought , why truly then he Swears with an implicite Faith , to Repeal all the Laws if the People please ; for the bare possibility in such a sort of Argumentation may be supposed , and we as well imagine ( for my Lord Coke tells us we have had ‖ Mad Parliaments ) such a Senate may prefer Bills for the Repealing all the Old Laws , as well as for the passing any single New ; and I am sure 't is no more than what has actually been done in * one , since that Learned Lawyer lived , even to the Subversion of ‖ all the Statutes of the Land ; so that this positive Oath in their sense , may Labour under an implicite contradiction , for while he swears in the latter Clause , to confirm all the Bills they shall bring , It may be extended to cancel all Custom and Common-Law , he is in the former sworn to defend ; Mr. Hunt's General Desire of the People may be for the Repealing the 35th of Edward , as well as that of Elizabeth ; and leave no Law in the Land to punish Treason , as well as Recusants , only that they may commit it with impunity ; for one of those Bills has † twice been brought into the House , and both may be to save their Bacon . And should the King with their Elegerit be obliged ( especially so mild an one ) with an anticipated Mercy to Pardon Villains 〈◊〉 the cutting of his Throat ; and leave no Law to punish perhaps a Rumbold , or the Ruffians at the Rye ; certainly were his Right not in the least Divine this would contradict all Sense and Reason : Suppose Richard the Second took this Oath as well as the rest of his Successors since , and afterwards the general desire of his Parliament , we all know , was that he would depose himself . Senseless Sots ! was , that King sworn too even in his Coronation to confirm his own Deposition . In short , must not this senseless Suggestion put upon the Royal Authority the greatest absurdity against all Sense and Reason , must it not make him swear to confirm those Laws that have not so much as BEING ; and that before he knows whether they will be , good or bad ; Is it not Resolved and that upon Record in the King's Exchequer , where the Words run with some Signification , That the King keep the Laws and Customes , which the Lords and Commons HAVE chosen , &c , But grant them their own Sense ( that is ) Silliness , That Oath , these Malignants of our Monarchy object was made first for an * absolute Usurper that came to the Crown by the Suffrages of such a Seditious Senate , not much Inferior in Villainy to the late long Parliament , that labored so much in this business of the Legislative , or rather less Villains only in deposing a King , whom the latter Murdered , and why a Lawful King should be bound by that Oath , ( did the Laws oblige him to take it , ) which was first offered to an Vsurper , I cannot apprehend ? That aspiring Prince swore too in his Coronation , that he held his Crown by the Sole Consent of the People , shall our present Soveraign do the same , whom the * Statutes acknowledge to hold from none but God ? But do not in that very Oath , the Words they so much labor in , confute them also ( in my poor Reason ) beyond reply ; is not Leges , the Word Laws expresly used ; that it is Laws that the King swears to Confirm , Corroborate , Maintain and Protect : And were the Commons ever allowed , or presumed without a Rebellion to Elect LAWS ? There is not the least of a Bill mentioned in that Oath , and sure they 'll offer to elect no more , and in Gods Name let them chuse to send up as many of those as they please . And sure then these Leges here must relate to those that are really so , and have had the Royal Sanction already , so that they must be reduced to this Dilemna , If they 'll apply their Vulgus elegerit to the Lower House , 't is certain they can make no Laws ; if to that of the Lords , 't is as certain they can't be called Vulgus . Lastly , Laborious Drudges of Sedition ! let but these Laws ye long to subvert while you 'd seem to defend decide betwixt you and your King ; Is it not established by * Statute it self , that the King hath absolute power to Dissent to any Bill though agreed upon by both Houses . But yet in spight of all this Reason and Law , they tell us that the King cannot deny to pass any Bills for the publick good , and which perhaps never can a good King ; for his Refusal of his Royal Sanction determines their Goodness , and they cease to be necessary when the King thinks there is no need of them ; for if upon this their presumptive Goodness , and the Prince as it is his undoubted Prerogative to do , denying his Assent , the People should presume they could with their Legislative , because their King is refractory , as they would call it , pass some Bills into Law from their Assurance of their being good ; that power wou'd enable them to make bad ones too , and allow their two Houses to Judge when to make but one Law , they are as good Judges to make one thousand , or as many as they please , and no end of such a distracted Usurpation ; and that we saw when they began with that Ordinance for the Militia , which was the first thing they presumed to make Law from their Kings ( as their Seditious absurd Phraseology would word it ) Refractory , refusing ( i. e. ) that courageously maintaining his just Right ; when they had thus once broke the Damm , no wonder if the deluge of an absolute Rebellion overwhelmed ; for upon the same ground the Lords might have Excluded both King and Commons for not concurring with them in what Bills and Acts they thought good , and the Commons ( as * indeed they did ) both King and Lords , for being obstinate to such BILLS as themselves had offered . But yet notwithstanding the Kings Refractoriness ( as our Republican Phrases it ) is now trumpt up again for the warranting the Peoples assuming ( as they would have it ) a sort of necessitated Power , and that of calling themselves to Parliament ; for this the * Lawyer in his Postscript Labors with his Innuendo's : For this , ‖ Plato tells us , the Barons did well to put on their Armour , that it is an Omission that ruins the very Foundations of Government ; and Hunt will not have them so much as discontinued , for it renders such Conventions illusory . Seditious Sycophants ! Your selves know this power of their Discontinuance and Dissolution , is the best security the Crown has for its support : Was it not miserably rent and torn from the Head , but of our own Soveraign's Father , and that only because he could not Dissolve them , but had in effect signed his Destiny with their Bill of Sitting during the Pleasure of the two Houses ? Base Hypocrites ! 't is not a Parliaments Sitting you contend for , but the Sitting of such a Parliament , that good honest Parliament , the late long and 〈◊〉 one , which their virulent Villains Libelled for Popish Pensionary , perhaps because it would not take the Peoples pay , long enough might , that have been discontinued or Prorogued , wen ever heard then of the Statutes of Edwards , and the Triennial Acts , but their Pens were employed then to prove even that 〈◊〉 that discontents them now so much . 'T is not above Eight years since their * Pamphlets would demonstrate a Parliament dissolved for being but for Fiveteen Months Prorogued ; and were we but assured of having such another , the Press had never been pestered for the calling one , with their impertinnent prints , nor any Petitions prefer'd for their Frequency . Would you perswade the World your purses are so 〈◊〉 , so free too , that you long for a Subsidy to fill up the Kings ? Dissembling Souls ! the Parliament they clamour for , can proceed from nothing else , but a presumption of one to be their Patrons , to patronize all their Irregularities and Refractoryness to the State , to countenance all those gross abuses they put upon the Government ; they told us this to our faces and Menaced men to make them fear them . Is this the way to have them Convencd to make them formidable ? For Gods sake can you credit that honorable Assembly with making them the pretended Abettors of all your Scandalous Actions : The only felicity we have in such a Senate's sitting , is , That the King must summon them to sit , they are Rebels by a ‖ Law if they convene without ; they must meet and Associate , and the Kings happiness consists in his being able to Dissolve and Discontinue . And this furious , and indefatigable Scribler might have omitted the mentioning of those † Statutes they have beaten so bare , been baffled in so much , and may now blush to bring upon the Stage ; but he shall have his answer here to this too , That nothing of Mr. Hunt's like his managed Mungrel , * Julian , may be call'd Vnanswerable . For the First ; it is the 4th of this ‖ Edward . And I confess in as few words : That a Parliament be holden once every year , and more often if NEED BE. It is all the Letter of the Law and every Line of it : But they might as well tell us too ; that before the Conquest , and for some time after Parliaments were held three times in one year . They had then their Easter Parliaments , their Whitsunday Parliaments , their Christmas Parliaments ; but they know then that they were but so many Conventions of that Nobility and Clergy their King should please to call ; And which they did Arbitrary at their Will more frequently or less , as they thought convenient , and the † Books tell us , they many times were held but twice a year : now if these Gentlemen will tell us so much of old Statute Laws , why should not Custom which is Resolved by the very Books to be the * Common , decide the case too for the King as well as the other , which is their own , must for the People ; and then we find Our Kings had the sole power of Convening Parliaments by a long prescription , of whom , where , and as often as they pleased . Are not all our Judicial Records , Acts of Parliament , Resolved to be but so many Declarations of the Common Law , and that by all our Lawyers ; even concerning the Royal Government , which they make the very Fundamental Law of the Land ; and tell us ‖ That by Common Law is understood such things as were Law before any Statute by general and particular Customs and Maxims of the Realm : Now if Statute must be but Declaratory of these Customs of the Kingdom how can it be concluded , but that such Acts as directly contradict any of them must be absolutely void ; for by the same Reason , that they can with a Be it enacted void any part of it , they may the whole : With the same Reason that they can invade any part of the Prerogative of their Prince , ( which the * Book tells us is the principal part of the Common Law ) they may abolish the whole ; make Killing no Murder , and except Persons from the Punishment of Treason : Does not this Common Law it self void any Statutes , that are made against the Prerogative of their King ? Was it not in this very ‖ Edward the 3ds . time , that it was so Resolved , even to the nulling three several Acts , that put Pardons out of the Princes power ? The boldest of these Anti-monarchical Zealots cannot deny but that by the Common Customs of the Realm , it always was Our Kings undoubted Prerogative , to call and dissolve their Parliament when they pleased : Chronicle confirms it , * Law Resolves it , & may practice for ever maintain it . Now I cannot see why these Statutes that contradict the Customs of the Realm in determining their King to call Parliaments , which the Common Law hath left at his Liberty , should not be as much void as † others that upon the like Reasons have been Resolved so . And if the Common Law can avoid any particular Act of Parliament against the Prerogative of the Prince , as we see it did more than one ( If Stanfords Authoty be Law ) then the Conclusion is unavoidable , That for the same Reason it can any or all . And in my poor apprehension , that Act it self of the late Kings , which reasonably repeals that of his * Martyred Fathers , that Act with which these reproachful fellows upbraided in their prints their deceased King , is so far from countenanceing their clamorous Cause , that it corroborates and confirms our own Case , for it tells us the very Reason of repealing those Statutes : To prevent intermission of Parliaments . And what is that ? but what we say the Common Law would of it self void ‖ an Act ( as they say ) in derogation of his Majestys just Rights and Prerogative inherent in the Imperial Crown of this Realm , for the Calling and Assembling of Parliaments : Nay they tell us besides of Mischiefs and Inconveniences ( the two main matters the Law labours to avoid ) might be the Result of such an Act , and endanger the safety even of King and Subject . And what pray now was this Statute of Charles the First , but what some even of these ‖ Factious Fellows themselves confess , only a Reinforcement of the two Edwards : If it were no more , by the same Reason they are gone too , as being against the King's Prerogative , and in Derogation of his Right . But Factious Fools ! that baffle themselves before they can be confuted by others , the Statute they repealed , did reinforce indeed those of Edward ; but it was with a Witness even as they * resolved it , with an invading the Rights of the King , and endangering the Ruin of the People ; but still 't is true in that latter clause of their repealing Act they prevail upon their King to grant them a Triennial one ; how far obliging I leave their Oracles of the Law to Judge : For if our Kings have had it by their prerogative indefinitely to call Parliaments by Custom or Common Law ; 't is as much against both for him to be obliged to convene them in three year , as two , one , or without Intermission : And I cannot see , how the last enacting Clause is consonant to the Repealing Preamble which is so mighty for the Preservation of the Prerogative ; and we well know under what Circumstances of State , Affairs then stood : the People could not have more than so good , so gracious a King , was even in Policy ready to grant ; it was within a year or two of his being placed upon the Throne of his Father ; And a Turbulent Faction as furious again to pull him out ; A Seditious * Sect had but just then alarm'd him , that were setting up their Christ's Kingdom before his own was hardly settled ; Sots , that thought their Saviour ( the great pattern of a Passive Obedience ) could be pleased with the Sacrifice of Fools and Rebels , and an active Resistance unto Blood , that has commanded us even to suffer unto it , and even in the same Season and Session as damnable a * Conspiracy detected as this Hellish one , so lately discovered , Arms seiz'd , the Tower to be taken , and an Insurrection contrived , the parting at such a juncture with his Prerogative might be the product of his desire to please the People ; 't is too much to take the forfeiture in his own wrong , when in this very particular the same Law provides so much for the Prince's Right . But they 'll tell us , the King by his passing such a Bill , has parted with his Power and Prerogative ; But then do not the Laws tell us , it cannot be past away ? Was it not resolved by all the Judges , but * in his Grandfathers time , That himself could not grant away the Power of Dispensing with the Forfeitures upon Penal Statutes , and why ? because annext to his Royal Person , and the Right of his Soveraignty . And shall it not be so much our Soveraign's Right , which common Custom ; the Fundamental Law of all the Land has invested him with , ( the convening of Parliaments at his pleasure ? ) But for my part , for my Life I cannot apprehend , ( did there lie such a great Obligation upon * his Majesty , from this his own very voidable if not void Act ) how 't is possible to bring him at the same time within the Letter of the Laws of Edward , and by them lay a necessity upon him to make all their latter Act an entire Impertinence : For if by those Laws he be obliged to Call a Parliament at least every Year ; What signifies the latter that allows him three Years for their Calling ? And if he has three years for their Calling , where can lye the necessity for his Calling them in one , for a * Subsequent Stat. that gives such a larger extent of Time , tho it do not actually repeal those Preceding that allow less , yet it must at least render them Illusory , and Vain : And to tell us that the latter is but declaratory of the former Act , when it contradicts the very Letter of that Law , is as absurd as maintaining an Affirmative may be confirmed with an absolute Negative . By all the Rules of Reason , I have met with yet ( and Logick is allowed sure to hold good even in Law , unless the Legislators set up for Brutes and Irrationals ) A Proposition of a larger extent must include that of a less ; which if it does is in this Case Exclusive : For should this Authority , suppose ( to bring the Argument home to their Doors , and then they can't say it is far fetcht ) of the House of Commons , command me to dance Attendance at their Bar de Die in Diem for abhorring or so , and then with a subsequent Order only demand it every third : For my part I cannot apprehend the Obligation there lyes upon me for the performing both , but that the former stands still a Cypher in their Journal , and by the latter is suspended , I could assoon resolve in the Crazyness of the Natural Body , when 't is batter'd with an Ague , that a Quotidian and a Tertian can at the same time assault it together . But Mr. Hunt's Illustrations lying in another Science , Number , and the Mathematicks ; he may demonstrate this too , * with his Vnite and Triad , and tell us One and Two make Three . But to be serious , and that in a matter that so much concerns the Soveraign , ( tho there be no better way of baffling Buffoons ; and Arguments of Fools must be answered , but with Folly ; tho some may think there may be somewhat of sound Reason in such pleasant Similes , for Sense and Nonsense , are become Terms now but merely Relative ; and every Author an Ass , or an Animal of Reason , as his Reader stands affected , we being become parties in that too , as well as in Principles , ) if we would truly know the Sense of a Law ; it must be collected from an Historical Account of that time wherein it was enacted , and I think my Lord Cook ‖ tell 's us as much too , And then turn but to the story of the Times , and see there the Reasons of such Provisions , and when those fail , then must sure the force of such Proviso's too ; for certainly the fourth of this Edward , was made more for this King's Satisfaction , than the desires of the People , and that from the sequel you 'll see , they were not then clamoring for frequency of Parliaments , when they were to pay for it too , and have their Treasure exhausted with their Blood in frequent Wars . He had drawn the Scots upon his back , who in the War like their Old Parents the Picts , were always ready to invade us at home , when ever we attempted any thing abroad . He had before him France in the Front , to whom he was ready to give Battle : And he perhaps presuming his Subjects might be loth to be convened for subsidies so often , as such Exigencies must require , might prudently get them to oblige him for such an Annual Convention , which they must the better bear with , when the result of their own Act , and none of the stretch of his Prerogative : 'T is true the 36. of his Reign is more expressive of the Reasons , for which they should be called ( i.e. ) for the redressing of Mischiefs and Grievances ; but 't is evident that piece of popularity was more for the tickling their Hearts and then they might be soon brought to turn out their Purses ; and those he wanted then too , tho in peace , having begun to beautifie and enlarge his Castle of Windsor , his best Delight , as well as the place of his Birth . And his soothed Subjects seconded it with such singular kindness , that about that time such a three years subsidy was granted as they resolved should be no president for the * time to come ; and these Suggestions I submit to the light of any others Reason , for the Politicks of that Old State can't be expected to be clear in History , since even in Matters of Fact , in many things 't is dark . And such sort of Suggestions seem to sound and salve the Case much better than that forced Solution upon the very Letter of the Law , their if need be , or if there be Occasion : For I am satisfied the Design of those Statutes was to determine their King , tho I doubt of their Force , and that those Conditional Expressions must be Relative to their Antecedent Words , more or oftner ; and so must be meant only of their being called inclusively more frequently within the Term. To leave now this learned Lunatick , this distemper'd Body of Law , and consider him under another Denomination that of a Divine , and zealously discussing with a Rage unbecoming the calmness he professes as well as the Character of such a Profession , the Damnable Doctrine ( as he would plainly prove it , ) of the King 's Divine Right : for he makes it the most * Mischievous Opinion , the most Schismatical , the Destroyer of every Man 's Right , the Betrayer of the Government , Monstrous , Extravagant , Papal Opinion , Treacherous , Impious , Sacrilegious , Destructive of Peace , Pregnant with Wars , produced our own Civil one , and what is worse Plague and Famine , and a Crucifying of Christ afresh . A Black charge indeed for a poor Criminal , that at first sight seems so Innocent . He should have made it a Trojan Horse too for once , for he has made the Belly of it big enough to hold an Army of Men , or a Legion of Devils . If this be the Judges manner of Trying his King 's Right , he would have made a worse Chief Justice for deciding the Subjects . I have heard of some such Sycophants that have prov'd Wolves in Sheeps cloathing ; but here the Cautionary Text is turned insideout , too ; and somewhat of the Lamb drest all in the grisly Garment of the Wolf : And 't is like they had their Dogs ready to worry it too , before they would discover the cheat . I am sure if they won't allow this Doctrine to be Religious 't is so far from being Romish , that those raging Zealots are at present in a Conspiracy with the rankest Papist for the extirpation of that opinion ; as well as the Church , and that is pretty well prov'd from their unanimous pens in the beginning of this piece , and sure they must think those Bigots are as much concerned for the Popes Supremacy as Mr. Hunt for the Peoples ; for His Holiness has the help of Saint Peter to prove his Divine Right from his Person , tho he can't from His * Text. When whatever they would gather from that Apostle , the Lawyers Popelings have nothing left to shew for theirs , unless the very Charter and grant of their King : yet tho this Doctrine be as far from Rome , as they think the Romanist from Heaven , tho their Writers with Hunts own Brutish Rage have run it down , tho it be so directly destructive of the Papal power , still has this preposterous piece of paradox , made it Popish ; and treated it almost in the same Language , the † Piousprelate did their Idol Church , and ‖ all the dangerous Dissenters do our own ; Wolves , Thieves Enemies of Christ , Brood of Antichrist , Babylonish Beast , Devilish Drab , sink of Sodom , Seat of Satan . It is a pretty way of Confutation indeed in the very beginning of an Argument to beg the Question . He takes it for granted from the Text of Saint Peter , that Kings are but an Ordinance of man , and then stoutly concludes that it is impossible , that any that is of Man's appointment can ever be of God's Ordination ; to be presumptively bassled recommand me to such a disputant : And with that supposititious Triumph does ( as some think ) a Jesuit's Book , de Jure Magistratuum enter the List , full of Victory even before the Battle ; and this perverted Text in one of his Editions is turned into the Laurel and Lemma , to Crown the Forehead of that Impudent piece . This is made the Goliah of those Philistines who not with their bulk alone , but with the very Letter of the Bible and the Book of Life , can defie the Living God , for such a Construction upon Saint Peter by common sense can never be put ; for place this power of Ordaining Kings once in the Power of SVBJECTS , and all the World can never hinder them from being too the SVPREAM 〈◊〉 . Was not this very Text , actually turn'd up for the Supream Authority of the Parliament of England ? And was that too , meant by St. Peter , when in the very next Line , he calls the King Supream ? Seditious Dolts ! do not make the Bible contradict it self , tho your Books do , does not this very Text take almost an expressive care to prevent even with providence such a silly construction , and give a Signal Signification where this Supremacy resides , viz. in the King. But to give these well read Rebels rope enough , and let them stretch their Treasonable Positions as they ought their Necks , I 'll plead for them , and in that which can be their only Reply , viz. That this Supremacy must be understood , only to be in these Kings after they are so chosen by the People : But no , their own Text won't allow that neither ; for in the very next Verse it tells us also of such persons as are Commission'd , sent under him , ( as ours has it ) Governors , and some other Versions , Captains , Judges , and sure had theirs been the Apostles sense too , He would have more expresly let us known , That Kings were first Commissionated and sent by the People , before that they could send out the Peoples Governors , and if we can Credit some of these Gentlemens own Writings , Their KINGS and this Apostles are not all of a piece , and so their Principles and the Text wont hang well together , for their Kings , which they 'll have to be of Man's Ordination , cannot send Governors under them , but as * Pryn positively tells us , that People that Elect their King , must chuse also the Judges and Officers , if the Kings have had such a choice 't is but by the Peoples permission , that such Officers , are the Peoples . And that his Brother Bodin ( you must know a great politician ) says ; That the sending them is not the Right of the Sovereign , but in the Subject : So that those Kings , whose Divine Right they deny , must needs be of another kind , than those mentioned in Saint Peter , for he makes his Kings so Supream , that they send Governors themselves , and that for the punishment of such Evil doers . But to come homer to Mr. Hunt , that I know values himself upon his much Law and his mighty Learning , his Remarks upon his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will tell us he understood as much Greek as that came to , when he was at School . Yet betrays his little understanding of the Greek Fathers , his very Schrevelius would have shown that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 might be taken for Creature as well as Creation , but his Scapula ; that more especially it is to be taken so in the * Epistles . And this has been the Resolution of one of the first Reformers of our Religion , ( And I hope sure they 'll favour him ) That the general signification of this word in Scriptural Expression is taken for all Mankind , and I have another , the principal Reformer by me ; the Bible in Columns with one Greek , two Latin Versions and one Dutch , which I take to be the Labours of the Learned Luther , where one of the Latin Translations of this very Text of Peter is expresly Omni Creaturae , And that other Humanae Ordinationi , is mark't with a reference to the Marginal Annotation which is Omnibus filiis Hominis . And yet all this while we shan't make Nonsense of the Text as well as they put upon it contradiction and the greater absurdity ; for such Scriptural Figuratives are frequent , where Vniversal expressions are only applicable to some particular things they would express ; so that when he tells us , Be Subject to all mankind or to all the Sons of Men , is easily understood all those of them to whom we owe Subjection , and , as if the good Apostle , whom these miscreants would so much abuse , did design to prevent such an imputation , and even dissipate the Difficulty and doubt together ; even he explicates that General Expression of that one Text , by telling us particularly to whom our Submission is to be paid both in that and the * other viz. Kings as Supream and their Governors as sent . And Lastly can any Soul that has but Common Sense , fancy from the complicated consideration of that part of the Apostle's that thus pressingly inculcates Obedience to Governors , that it did design the least room for such a Latitude , that not only would leave them Indifferent to obey , but such an one as they have made of it since ; even an encouragement to Rebel , sure that submissive Preacher of the Cross , so much his Saviours Disciple that he suffer'd on one too , and that without resistance to a persecuting power ; that great Assertor of his Soveraign's Supremacy , that in the very next Lines , next to fearing his God , commands Honoring his King , ( as if he would express somewhat of that Divinity they deny , with the closeness of the Connexion ) sure that most Primitive Pattern of Obedience , did not pen his Epistles to teach a Julian the Doctrine of Resistance , or an Hunt his Associate to debase the Divine Right , the Throne of his King to the very dunghill of the People . And were this Doctrine not to be countenanced by the Word of GOD , ( we have only Mr. Hunt's Word for it , that it is so dangerous ) the only danger such Seditious Souls can see in it , is , That it would oblige them to be truly Loyal , and dread Rebellion , like the Sin of Witchcraft . And is it dangerous now to be kept from being damn'd or running to the Devil ? Where is this mighty * Mischief that will ensue upon this Opinion ? But a Veneration for our Governors next to God , by whom they Rule , will not his having his Right from above , the sooner preserve him from sustaining any wrong below ? are things the sooner to be violated , only because they are the more sacred ? and will the Light of this illuminated Lawyer , resolve us Sacrilege to be a lesser Sin than single Felony ? Had those Sects of Seditious Rebels that ruined the best of Kings , and that only by debasing this his Right , and setting up their own for Divine ? Had they , or could they have been so sacrilegiously wicked under a Presumption , That his Person was sacred , or even a belief of their Bibles , that their Lord 's Anointed , was not to be Touch'd ? yes , they could , ( and if we believe this Impudent * Imposture ) it was that only , which made them so , And if such Opinions had never been broacht , the War had never ensued . Mighty Madman ! whom discontent distracts , I can Fathom his Foolish Innuendo's to be as false , Divines did , and as I think was then their Duty , preach up this Doctrine ; but did not the two Houses threaten Destruction long before a Manwaring , or a Sibthorp was so much as censured ? Had not Leighton Libell'd both King and Bishops long before ? And did the telling the People , they were Jure Divino , exasperate them the more against the Prelates , and the pious Prince that governed , whom these Devils must needs deal withal the worse , only from their being told their Governors were sent them from their God ? Mr. Hunt certainly himself can't imagine it , he has too great a Veneration for the Religious Dust , the pious Memory of those Rebels and Regicid's , to think they were arrived to that Acme of Transcendent Atheism , to * spit in the very Face of the Almighty's Image , only because it represented a thing so Sacred : No , it was of that they could never be satisfied , they were Religiously taught the Jus Divinum of the People , ( that is ) to Rebel most Religiously . Tell me Mighty Murmerer ! why must this Bugbear of Arbitrary , this Monster of Absoluteness , and * Bloody War , be the Consequences of this Doctrine of Peace ? Is your King bound to turn Cruel , only because he Rules by a Right from the very God of Mercy , and a King too , de facto , not long since almost merciful to a Crime : If you talk only in Theory of what another may be , then perhaps your Fears are as Panick as the Objection is nothing to the purpose : For Usurpers commonly of the People's Choice , ( as appears even in our ‖ own History ) have always been the greatest Tyrants too , who were so far from having the Jus Divinum , that they had no Right at all : And tho * Sidney suggests this Doctrine , would attribute to any sort of Usurper the same Right , I shall consider him in his proper place , and this may suffice for Mr. Hunt , whose larger Comment upon this Text , I shall enlarge upon too , when I come to that Gentleman's Papers , with whom they so much agree , and 't is pity but his Fate should do so too : It may suffice I have here attempted his Bulwark , and upon which they would build their Babel , tho in the Burlesque of the best of Books , ( as if neither the Bible had its Jus Divinum ) and will close with him since he is so pleased with St. Peter , with a * Neighbouring Text , not so much turned , and misapplyed . Mr. Hunt has done his worst , and I hope we with well doing , may put to silence the Ignorance of such Foolish Men. The third Doctrinal Case of this Divine Lawyer , or what is drawn from the other two , is the Parliament's Power upon the Succession ; and that he has proved he presumes beyond Answer and Reply , when the two Preliminary points , The Parliaments Legislative , and The Peoples Divinity by his mighty Performances are made unquestionable : But when he has begged the other two he may expect to have this third for asking ; and the first Presumption , that must so proposterously warrant even that most Vnwarrantable Proceeding , is the Gorgon of the Party , that for this forty year has frightned the Nation , The fear of Popery : And like that Monstrous Head of Medusa been represented gastly , full of Venom and Viper ( only not to charm us into Stones and Stupidity ) but the setting all in Combustion and a Flame . Therefore he tells us if this can be but kept out , ( which the Lord knows has been I don't know how long coming in . ) We ought to admit of any Law for the purpose . And have we not Laws sufficient in force , and that for the keeping out allthe powers of the Pope , tho His Pilgrims landed here with a Legion ? Have we not Oaths , Tests , two several Acts of Parliaments against Priest , proselytes and Recusants ? Have we not the best Bulwark the Bishops and the greatest assurance , the word of a King ? But in short ; the danger was then a Successor , and nothing could serve less than a new Law : And what was that ? why , for Excluding an Heir to a Crown for Fifteen Hundred years Hereditary . That Parliaments have presumed to alter the discent of the Crown , is as true as that the same Convention of States have Rebel'd against the Crown it self : And scarce one Instant of the Presidents he has giv'n us , but serve to prove my purpose as well as his own , that they either actually Rebel'd when they medled with the Succession , or else that it was for settling it on the Right Heirs after such a Rebellion . It was * Richard the Second's ; that was a Parliament indeed , that did more than meddle with the Succession when they actually deposed their Sovereign . That of ‖ Henry the Fourth , so far from a Parliament that they had no King. And that was told them to their faces by the Loyal Prelate of † Carlisle . Henry the Sixth , the Successor of one that had no Right , and to whose Heir then they could never do any wrong . Edward the * Fourth was for securing the Descent in the Right Line , and declaring all that of the Lancasters Rebels ; and that in spight of all those Entails this Lawyer lies his mighty stress upon , and which even in his Fathers claim , ( tho he never lived to enjoy the benefit of his Right , ) The ‖ Parliament of the Usurper himself did with blushes and shame acknowledge , That his Title could not be defeated ; that those Entails were only made for want of a better Title , and very fairly made their Vsurper a enant for Life , and that to an Excluded Duke of York , and further did they force their Loyalty when his Son , their Lawful Soveraign came to the Crown , they tell him in the first of his Reign as appears in the * Roll : That this Henry the Fourth upon whom Mr. Hunt triumphs that an Entail was made , was an Vsurper Traytor and Murderer of his Soveraign . And for his next Instance of Richard the Third , would any one besides a Butcher and as Barbarous a Beast as the Precedent he brings ; tell us of an Entail they made upon his Heirs , which was only a Settlement of Blood so much and Treason upon them and their posterity Bless me ! that men of Sense should be so inconsiderately besotted ; so Foolishly wicked : sure Mr. Hunt knows that that Bloody Senate could never have boggled to settle a Crown upon the posterity of a Tyrant that they themselves had advanced to the Throne in the Blood of his Nephews . They might well settle the Crown on Henry the Seventh , that came to it by three several pleas , Blood , Arms , and the Law , and is the Settling it upon a Lawful Soveraign a President for Excluding another against All Law , and those Entailments were but so many Recognitions , Officious , affirmatory Kindnesses to the Crown whereas their Exclusion must have been an Invading it . His Acts of Henry the Eighth , were such as all the World blusht at , and any English man may be ashamed to own , Inconsistent , contradictory , Fruitless , and illusory , that made Protestants desert us , that designed us for their Leaders in a League ; the shame of Europe and the Opprobrium of our Nation . Did not his 25th on default of Male ? Entail the Crown on the Lady Elizabeth , and made Mary Spurious ? Did not his 28th make the same Lady , the Protestant Princess Illegitimate , on whom it was Entailed before , and with his 35th . reinstated them both again , and that both in Birth and Tail ? And lastly , that of Queen Mary's Entail , was by a biggoted House of Commons , that brought in that very Popery they now so much , and so vainly fear ; and were like to have Entailed their Religion and Laws to the Vassalage of Rome , as well as the Crown to the Heirs of Spain . And is this thy Loyalty , ( Seditious Sycophant ! ) this thy Religion ? to bring us presidents for Rebellion from Acts of Parliament , and the Statutes of Apostates , for the Establishing Popery . The ‖ 13. of Elizabeth is such an one too , as none but a † Defier of Sense could have design'd for Application . It is apparent that it was a Design to Secure the Crown to Her the Right Heir ; and that tho by an Indirect means . An Act which she doubted her self whether with all her Parliament she could pass , but was assured all her Subjects would like it when it was ; done upon a double Design to Secure her Title against the Pope and the Pretensions of the Queen of Scots , * Cambden the best Account of her Life , makes it a Trick of Leicester's , ‖ but let them Lye for it for once , and raze the Sacred Truth of History , and Record , ( which the Law makes Felony ; ) even in their own sense , it was enacted for securing a Lineal Descent to those that they thought the Right Heir . But theirs would have been a Difinheriting of one they knew to be so . It is Prodigiously strange to me that those that contend so much for this Parliamentary Power over the Succession of the Crown , that this Judge Advocate for the Parliament , * Hunt himself , that tells us plainly 't is not establisht by any Divine Right , but is governed according to the presumed Will of the People , that these Sycophants do not consider they do the greatest Disservice to that Honorable Assembly , put the greatest abuse upon that Ancient and truly venerable Constitution , they give the Lye to several Acts of Parliament made in the best of times , and make those Legislators the morst of Villains , or the greatest Fools ; or in his own phraseology Wicked , Impious , Sacrilegious , for have not they in several Reigns by Special Act recognized even a Divine Right as well as an Hereditary ? In the first of ‖ Edward did they not declare that their Soveraigns Title to the Crown was by Gods Law , and the Law of Nature ? Did they not even to a Tyrant , a Murderer , one fit only to be the Peoples Creature , whom no Nature or God did design for the Throne ? Did they not resolve his Right to be both by God and Nature ? ‖ Tell me was it thought so Divine so natural so Sacred , THEN , even in the worst of Men , and must it be impious , Sacriligious in the best of Princes ? Did not their best of * Queens , receive her Crown with a Recognition of it's Descent to be by the Laws of God ? And lastly look upon that of King † James , where with unspeakable Joy they acknowledge he Reign'd by the Laws of God. And as * new as he calls the Doctrine , for five hundred year agon both by Divines and Lawyers it was allowed of and maintained . ‖ Gervase the Monk tells us , it is manifest the Kings of England , are obliged to none but GOD , and † Bracton that lived and wrote in the same Reign of Henry tells us , their King was then only under God ; and will neither Law nor Gospel , History Ancient and Modern , Rolls , Acts and Acknowledgements of Parliaments themselves satisfy them , that they have nothing to do with the * SUCCESSION ? Never could any Person that had not Proclaimed open War with Reason and broke all Truce with Sense suggest as he does that the difference between the Descent of the Crown and that of a Private Estate , are Reasons for altering the Succession , which is one of the best Arguments for it's being Vnalterable . Does not the Law provide that but one Daughter shall succeed to the Crown , and that for the Preservation of the Monarchy ; which must be but of one and no Co-partners of a Kingdom ? And so also the Son of a Second Venter to prevent the want of Succession shall be admitted to the Throne ; when he shall be Excluded an Estate : His fancy of the Royal Families being Extinct , and that then the Majesty of the People commences , was long since the pretty conceit of Will. Pryn too . In which they tell us as I 've told them before , just as much as an old Aphorism , When the Sky falls , and spoil another good Proverb , that No man dyes without an Heir : But suppose what can be , may be : Would not all this mighty Constitution of Parliament be gone too , when there was no Successor of a King to Summon it . His * Majesty of the People might set up another Policy of Government they think if it pleased : But would not their Majesty of the People , find it more agreeable to Divine Institution to agree upon the same Government in another person in an Extremity ? for would it not be more agreable even to their own Interest , to prefer that under which they had enjoyed so long , such an Experienced Happiness , since the Almighty does not Reveal himself as he did of old to Moses and the Prophets , and bid them arise and Anoint him a King over his Israel ? But as Mr. Hunt's private Estates ( tho I know not with what equity a mere Fiction in Law , robs a man of so much Realty ) are frequently recovered with fine at Common Law against the Right Heirs , he won't pretend therefore sure a Parliament shall , a Kingdom and a Crown against a Royal Successor . His own Reason for it is the best Refutation , for I say too , the Crown is ‖ Governed by other Rules than a private Estate , and the Romans who were Governed by those Civil Sanctions , that have since the whole World , tho by those they had a Dominion over their Issues , Heirs , and Estates , yet those will not grant even to Kings , the power of Disenheriting their own Successors : Nay such Favorers were they then of the Right Heirs , that they would not permit their Common Citizens , to be disinherited at the Arbitrary Will of the Parent , but obliged them to observe such certain express Rules in their Exhaeredation . And heretofore , some of the Writers of our own Law could affirm , that the Inheritance that descended from their Ancestors was scarce ever suffer'd to be disposed by Will , but to the next Heir , for my part I look upon the word Heir not to have the same Relation in case of the Royal end , that it has in that of a Subject , who always claims his Estate from his Ancestor , Common whereas the other Heir is call'd more properly the Kings SUCCESSOR , but the Crown 's HEIR . And it will be hard then to make him pass for the Parliaments . I won't tell Mr. Hunt here , of the Blood and Miseries , the common Calamities , the dismal Attendants of a Royal Heir being bar'd of his Right : How many Millions of Lives ? how much Blood it has cost us already ? ( And if any thing , of 〈◊〉 would have frightned us , ) for Excluding a Duke of York too ; but it seems Blood did not terrifie Mr. Hunts Members of Parliament , to whom their * Oracle gives all the properties of an Elephant , and then they must be only provok'd at Red , 't is the Justice of it ; and every Moral Action that must direct Communities as well as Common Persons , and a Mighty Parliament as well as a single Peasant If Expediency shall come to warrant Injustice in Aggregate Bodies ; every Individual may as well commence Villain for Convenience . ‖ Away with that Paradox of Folly and Faction ; that a Parliament can do no wrong , since we have seen such a numerous Senate transported like one Man with rage and Folly even to the Ruin of Three Kingdoms . And with what Justice an Exclusion which wou'd here have been the greatest Punishment next to Capital that a Crowns Heir could suffer , could well be past , and that for punishing an Offence Antecedent to the Law , I leave , such Legislators to Judge . It looks so much like their Bills of * Attainder , that I am loth to tell them such an one even in this ‖ Kings time was reversed with Ignominy and Reproach , and for a Repealing of the Infamy , the very Records of it raz'd from the File , and should the Crowns Heir too have suffer'd by a subsequent Law he cou'd never Transgress ? Would they have given their God the Lye , and made Transgression where there was no Law ? Did the Seminary Priest suffer here , for Officiating , before that Statute was in being ? Should the Profession of the Catholick Faith , and that but suppos'd , have had the force of a Salique Law , even against him that cannot well be said to sin against it ? Set the Mark upon the door where there is Death and the Plague ; and then let those that will enter dye . CHAP. IV. Remarks upon Julian . THat this Author was a better States-man than a Christian that he consulted more the Security of his Person , than the Purity of his Religion ; that he had much rather burn his Bible that suffer but a * Tomkin's Finger into the Flame , are such undenyable Truths , that you must suspend your own reason and give your own Writings the Lye but to suspect them ; but how far this Doctrine of self preservation is always consistent with the Gospel ; and whether a man may never deny himself to Confess his Christ , requires . I believe , not an absolute determination of School Divines , but may be Collected from the Practical Inferences that may be drawn from many a Text in the New Testament . How far our Saviour's Suffering on the Cross , should influence those that profess themselves his Disciples to Suffer : How much the precepts of their great Master was Imitated , by those Christians that were truly Primitive , is a Disquisition proper for a Divine . And has been as industriously enquired unto by several hands engaged in that Holy Function , the tide is turned at last with the Time , and Jovian remains as 〈◊〉 , as his Julian was thought to be 〈◊〉 Answer , that Learned and Loyal Author has fixt the Pillars to the Controversie , and if this adventurer , with the Second part of his * Julians-ship will force beyond it , he may discover to us a new faith , a new Bible , but can never confute him from either of the old , most of my Remarks shall be upon his Political . Observations , for what he would Reform , in the Doctrine of the Church is only as it relates to Matters and Affairs in the State. The Loyal Addressers feel the first Effort of his fury , and the 〈◊〉 of Mahomet's Hobgoblins are placed even within their Brows , for expressing ( he thinks ) their contradictory Protestations ; but such Bugbears will hardly frighten them from following the Precepts of their Saviour , that still inculcate on sufferance and Subjection , but only may deter such as prefer the Crescent of that Imposture , to the Cross in Baptism , that can baffie their Bibles , where it restrains their Liberty , or admit an Alcoran of the Turks to tolerate Licentiousness , it might well be a Grievance to such disaffected Creatures to see the good Effects of his Majesty's Declaration , and that all his good Subjects , had gotten an opportunity of shewing that Affection and hearty Loyalty which was over-awed by the Tumultuousness of a Faction from discovering it self , they knew their own Party's power had been prevalent a long time in putting up Petitions , and in those Numbers augmented too with Artifice , as well as Sedition , had placed a Confidence which they saw failed them , and themselves foiled with a Weapon not much unlike their own in its make , tho the Mettal and Matter of Another and better temper : Here in truth lay the contrariety , the Contradiction that confounded them , more than in the Nature , and tendency of such Addresses , which if this prejudic'd Divine had examined he would have found no more Zeal in them , than what was consistent with their Loyalty and Religion , Their Allegiance which they had sworn ( and of which some of our Protestants make as little account as if a Jesuits Equivocation would absolve them from a positive Oath ) that obliged them to declare for the Kings Heirs and Successors , and the Protestant Religion might still be maintained under any perswasion of their Prince , unless the Nation was obliged to believe their Politick presumptions in a piece * of Treason , for Gospel , and as infallible as a Creed ; and that because their Associated Excluders in a Scheam of Rebellion , tell us , Queen Mary proved the Wisest Laws insignificant to keep out Popery ; therefore it must be concluded it connot now be kept out . This Gentleman knows , ( that I believe chopt up so much Logick with his Commons at the University , if Educated there , where commonly better principles use to be Instill'd , ) that it is a most false Inference from a Particular to conclude absolutely and Vniversal , and when besides Henry the 8th's Reforming , Edwards the 6th short Reign , had hardly settled the Reformation , there being more Romanists then in the Kingdom , than such as had truly Reformed , it was never truly begun or throughly perfected till Queen Elizabeth's Reign ; which might be easily observed from the Parliaments so soon declaring for Popery in Queen Mary's first entrance upon the Throne : yet however he might observe , tho the Suffolk Men set her up as undoubted Heir to the Crown , which as the Bishop of * Hereford in the History of her Reign says , was then so prevalent with our Englishmen , that no pretence of Religion was a sufficient Suggestion for opposing such a Right , Yet they soon deserted her when they saw her bent for introducing a new one , and such a defection might have endangered her establishment , had not the generality of the Nation been then of her perswasion . But what Maxims of State should now move another Prince of that Religion to endeavour it's establishment , when All the Kingdom 's so bent against it , when the Protestant has been rooted here for above this hundred year , & we have a King , whom God preserve , that has promis'd , and may live yet many to defend it . They must imaginesuch a Successor seduced against his Interest , his Councils besotted to set him upon such Measures now as must certainly disturb the Quiet of his Government , tho the Faction cannot Overturn it ; so that this great point will come to this ; Whether having more contingencies than one of having such a Religion introduced , as first the great Casualty there was of his not coming to the Crown , which might have been prevented by a Natural death , without their Expedients at the Rye , their unhuman , and unnatural Barbarities : and then imagining such an Actual Succession , that Improbability of making such a sudden Alteration , in Religion , only for his own Disquiet , and without any Probability of Establishment in his Reign which according to the Course of Nature must betoo short , ( tho I shall still pray for any of the Lines longest Life , ) and the little continuance it can expect should it be introduced when all that are to succeed him are profest Protestants . These being such Casualties as upon good Conjecture and Probability may interpose , the question is ; Whether in prudence or Policy we ought to have Involv'd our State in certain danger , only to prevent a contingent one . I could never get any one yet to prove that to be matter of Expediency for the good of the Publick : That such an Exclusion would have been certainly dangerous our Annals too sadly Testifie , and any one need but to turn back to my Remarks upon our History and he 'll find it Chronicled in Blood. And that any danger of our Religion is but merely Contingent must be allow'd by all that think it not Predestinated to be changed : And what now have these good Subjects done to be thus reviled by the bad ? Why ! they have declared in their Addresses to Assert that Right , which in their Oaths they have Sworn to defend . And a Pious Divine that has dispensed with them , Libels them for not being Perjur'd for company . His * distinction of the Religion being Establisht by Law is far from creating any difference , for the question is here , what is the Doctine of the Gospel , and it can't be imagin'd any sort of Christians upon the Privilege of any Political Establishment , are enabled to dispense with the precepts oftheir Religion ; and confute their Bibles with the Statute Book . Saint Paul's sufferings are so far from discountenancing such a Doctrine , that they are alone the best , the clearest Confirmation of it : he was beaten , suffer'd Imprisonment , and all for the sake of his Saviour : he told them after his durance to whom they had done it , and the greatest Sticklers for Passive Obedience , will allow Mr. I. to plead his Magna Charta ; if he won't with the Barons beat it into the Head of his Soveraign with Club Law , or knock out the Brains of an Imprisoned * King for it with a ‖ Battle-axe , his Breath can plead his defence without Resisting unto Blood , Paul could have pleaded his privilege of being a Roman and uncondemned , sure as available before his Sufferings , had he not thought it is duty to suffer , and he may read in the same Book of those that went away Rejoycing that they were counted Worthy of it for his Name . A man may be born to a great deal of Right when 't is none of his Birth-right to Rebel ; and that against the very Monarchy it self . His case of the * Pursivant , is as much to the Purpose as if he had pitch't upon the First in the Report , there was an Arrest of a Body by such an Officer , to bring him to appear before them , that constituted them , an ‖ High Commission Court. And as often it happens , in Execution of the Law many times there is Opposition made , sometimes Maiming is the Result , many times Murder ; here it hap'ned that the † Officer's Assistant was kill'd , and the Law that makes it but Manslaughter in a Common Fray , in an Execution of an Office makes it Murder , and that must depend upon the Authority of that Court from whence such Officer receives his Writ , Warrant or Commission ; 't is * adjudg'd in the Case that they might have cited to Appearance , and upon Contumacy to have proceeded to Excommunication , and then have arrested upon their Writ of Capias ; but that they could not Arrest him outright upon a Surmise . That a Man may resist an Authority , that is not Lawful any man will allow , for it is the same as if he resisted none at all , however if Murder be the Consequence of such a Resistance ; all his Expositors upon the sixth Commandment will hardly help him to distinguish it into Man-slaughter . And tho my Lord * Hales , whose Memory will still be pious for his equal destributions of Justice was a great Latitudinarian in allowing too much scope for premeditated Malice ; yet the Decalogue will make that Murder , for which the Law will allow him the Benefit of his Clergy , and did in Harry the Eight's time without distinction to all sort of shedding of Blood , and then the Book that he talks of was dedicated to Cromwel , would have been Authoriz'd by the Law , which in some sort it self then , made all Killing no Murder : neither in an equitable sense was this Homicide excused from being a Murderer , because he resisted unto blood before the jurisdiction of the * Court was Resolved , and to him in a Moral sense 't was as much Guilt as if that Authority had been Absolutely Legal , and tho he tells us he does not descend to salse Arrests , yet I thank him for his Condescension , 't is to such a matter as is no way distinguishable from it , for an Arrest without Authority is equivalent to a false , and is as much Tortius and Force as what is done upon a Forged Warrant . The Cases reported by those two Lawyers he cites , one of them but a Protonothary , that other our great Oracle , in my Conscience were never designed for proofs against Passive Obedience . By their Resistance here of the Law was never understood that which was forbidden in the Gospel , besides it was but the Resolution of the Judges against the * Power of that Court , which to be sure they did not care to favour , and those two Authorities he has cited , none of the best , in Matters of Allegiance and Loyalty , that part of Coke is looked upon not very favourable to the Government , and Brownlow first Printed when there was none . But his Triumphant Distinction between his Religion Established by Law , and that which has no Law for it's Establishment , is not only far from creating a Difference here as I have shown before , because the precepts of the Gospel ( which must be more immutable sure than a Persian decree ) are still the same , and are now the Question ; but the Offering here of such a distinction is in Truth as impertinently applyed , as it is really none at all , for whenever he can imagin here , which God will avert , any Sufferance for the sake of his Religion ; it must be according to the Law of the Land , or else he 'll never be brought to suffer , I 'll secure his Carkass for a Farthing and be bound to supply it with my own for the stake ; if ever his be tyed to it , without reviving of the 〈◊〉 de Comburendo . All the Martyrdoms in * Queen Mary's Reign , were but so many Executions of the Law , and that Writ de 〈◊〉 he 'll find in Fitz Herbert as well as a Common Capias : so that himself must first without Charity ( which won't sure , then begin at home ) Give his Body to be burnt with his Imply'd suffrage in an House of Commons , ( 〈◊〉 I believe He is not likely to be a Bishop ) before fire and faggot can come upon him to singe his Hair or touch his Garment for the sake of his Religion , and how likely we are ever to meet with such a Parliament , to Sacrifice themselves again to the Flames ; himself best knows who I believe does not fear it : so that here his Foundation of Law Establishment , has nothing to support it , and then all his Privileges of Saint Paul , his own Magna Charta , his Case of Commissions all fall to the Ground ; and his very supposition of his Religion being Establisht by Law , and at the same time against all Law to suffer for it , is more contradictory than his Horns or Addresses , for it can't be supposed , but that the Power that punishes him for an Heretick will have Repealed all those old Laws that would have protected him for being such , and enacted new ones to make him suffer for his Perseverance : and 't is always remarkable and a great Truth , that the laying down one single false Position , can never be defended but with as many Lyes . And this forces him to maintain , the Christians suffer'd contrary to Law , in the time of Julian : Certainly , he knows but little of Justinian , and the Codes ; however his Hunt help't him to so much of our Cases out of Cook. The Constitutions of the Jmperial Law were but the Decrees of their Emperors , as well as the Corpus the Collection of one of them , all the civil Law that governed then is called * Caesaria , Imperatoria , because their Caesars , their Emperors where the Authors of it ; and how can he plead for them their Charters , that had nothing else to trust to but the Will and Edict of their Prince ? The Testamentary Donation of Edward the Sixth he brings for an Argument for Excluding the Right Heir ; which makes but very little for his own , and as much for the cause he contends against , not so Insignificant neither as he suggests , only because they could not well avoid an Act of Succession in Harry the Eight's time , for whether that Act had been made or not ; Queen Mary must have Succeeded by Proximity of Blood , as next Heir after her Brother . And 't was that inherent and unalterable Right , that made the Nation the more Zealous in her Cause , tho there were enough too as Warm for her Religion ; he very well knows , how that Will was extorted from a weak and dying Prince , by the Powerful Importunities of Northumberland , for the sake of Jane the Eldest of the House of Suffolk , whom one of his younger Sons had Marry'd , he knows nothing but self Interest and Ambition promoted it , he may Read that both the Learned in the * Law , and as emiment of the ‖ Divines were against it , Bishop Goodwin tells us of Cranmer himself present that he opposed it , and that for the same Reasons all good Subjects do now , because he thought no pretence of Religion could warrant an excluding the Right Heir . This was the Sense of a Protestant so Zealous , that he afterward suffer'd for it , but the power of the great Northumberland prevailed with him at last for his Consent , of which himself afterwards heartily repented to the Queen , tells her he never liked it , that nothing griev'd him more , and that he wish't he could have hinder'd it . And the ill success that Attempt had is alone sufficient one would think to discourage such another : 'T is strange that the very thing that has once brought a Calamitous War upon the Kingdom , that in this very Instance terminated in the Confusion of all the Attempters , brought Northumberland to be Executed and to Penitence too , for having offended , and poor Lady Jane ( as her self said ) to suffer justly only for accepting of a Crown so unjustly offer'd . 'T is Prodigious that such contradictory Mediums should be urged for countenanceing a thing to which they are so much repugnant ? Did not a Parliament here of Protestants declare for a Popish Successor , and as Bishop Goodwin says the Suffolk men set her up tho they knew her a Papist ? Did not a Popish Parliament after her death declare for Queen Elizabeth , tho they knew her a Protestant , and were not in all these sudden Revolutions the Right Heirsstill preferr'd , notwithstanding their Religion was not the same that was profess'd ? how then can men that offer at such a piece of Injustice , touch upon those times for the Justifying so much wrong , where they see that under the same Circumstances they still asserted their Princes Right ? The next pretty Notion of this Ecclesiastical novice in the Law , that we shall now pass our Notes upon , is a quaint conceit relating to our Oath of Allegiance : what it's form was of old ; and what he would have implyed in the word HEIR therein mentioned to whom we swear ; and here at the same time that he would deliver the poor people as he pretends from the sad delusions of Error and Sophistry , does he put upon them the greatest Falsehood and fallacy and the quaintest Sophism , a Quirk in Law , viz. That the King's Heir in possibility cannot be meant in our Oath of Allegiance , because 't is a Maxim forsooth in our Law , * that no Man can have an Heir while he is living . And with this silly Solaecism , a sort of Sense merely Sophisticated this Elaborate Gospeller in the Law lays himself out in the pains of two or three Pages , to prove the prettiest Postulate , which we would have granted , but for an asking , that in this our Oath we did not swear Actually Allegiance to the D. of Y. And truly I am much of his opinion too in that point , and that he was not then our Soveraign , tho he had a possibility to Succeed . But can ever a more Senseless Inference be made , by a pretender to Sense , or a more Jesuitical Evasion by the most dexterous Manager of an Oath ? First I would ask him what he thinks was the Design of its first Imposition ? what was the Reason of Inserting , including the Kings Heirs and Successors in those Oaths of SVPREMACY and ALLEGIANCE ? Was it to perpetuate or acknowledge an Hereditary Succession , or to warrant an Exclusion of the Right Heirs ? Did the Parliament design in the framing them , the Lineal Discent of the Crown when they Swear to defend the Authority of the Kings Lawful Successor , as well as his own ? or did they then reserve to themselves a power of declaring who should be his Successors by Law ? But if the Divine Gentleman would have reason'd pertinently and to the purpose ( tho it would have been but an absurd sort of Reasoning ) this he must have inferr'd , that because we there swear only to be faithful to the Kings Heirs when they come to Succeed ; therefore this Oath non Obstante , we are left at Liberty to prevent any Heir from his Succession , and then I would have this Political Casuist tell me , What would be the Difference between this Evasion and a direct Perjury , for we swear to be faithful to the King's Heir that shall Succeed him , and truly in the mean while we make them our own , suffer only whom we please , or just noneat all to Succeed ; for by the same Law , Equity and Reason , that we interrupt the Succession of one , we may that of one thousand too , and still be true to our Oath ; * if we abolisht the whole Line of Succession , for then those Juglers with a turn of hand and a Presto will tell us very readily , why truly we swore to obey his Majesties Heirs and Successors ; but must needs be absolved now , since there are none that do succeed . And such were the Casuistical Expositions of some of our Late Divine Assemblies , even in this very point , when they had Murdered their Prince , and denounced Death to His Heirs , and were urged with their Allegiance : But is not this first Perjuring themselves to Commit a Crime , and then justifieing its Commission by their being Perjur'd ? May we not as well Murder one that would be the Successor , and then plead our Innocence , we did not suffer him to Succeed ? or truly did they not design such an Impious and Execrable countenancing of the Villany , when they Associated for his Destruction and swore to destroy him ? would not they then too have Absolved themselves thus in Johnson's Sense and the Jesuits ; from any obligation to this his Majesties Heir , because the Law Maxim did not yet allow him to be so , and they had helpt him now from being so for ever ? Will a Nice point of this his Law resolve does he think as tender a Case of Conscience ? This his Law makes it but Manslaughter where a person is kill'd without Malice Propense ; but will this be no shedding of Blood to be required at his hands by the Judge of Heaven , because he had his Clergy allowed here upon Earth ? can he Prescribe with the Laws of the Land to impunity from the Decalogue ; and tell the Almighty some Killing is no Murder ? Here his God , his Saviour is invoked in a Solemn and Sacred Oath upon the Gospel , and one that should be a Divine Expositor of both , consults upon it the Readings of Mr. Hunt , and a Resolution of the Common Law ; here he Swears to the plain meaning of the Words without any Mental Reservation whatsoever , and yet this Mungrel in Divinity , means now to take it in his mind , according to a ereiv'd Maxim in the Law. And this Libeller of the Primitive Christians , looks like an Apostate that was as Primitive ; who kept pointing to the papers he put upon his Breast , while he was Swearing to others that he held in his hand . But yet I dare Appeal even to his own Breast who without doubt had often taken these Oaths being graduated in an University , and Ordain'd a Divine , ( tho unworthy of both ) whether the Words Heirs and Successors , were not understood by himself of such as were to Succeed by an Hereditary Right by Birth and Blood to the Crown ; and whether that he did then Reserve to himself only such as did Actually succeed by Consent of Parliament , and whether he did not think , that by them he was not only obliged to obey those Heirs when they came to the Crown , but also to do all that in him lay to promote in the due time their coming to wear it ; certainly to confine their Sense only to those that shall de facto succeed , is but Swearing an Implyed Allegiance to any Rebel or Vsurper , and the word Lawful , that still accompanys Successors , will not mend the Matter with such men , for all is presently Legal and just with them , that has but the shadow of a Parliamentary power for it's pretence : And I am well assured , That those that would have thought such an Exclusion just and equal , with their King 's passing it , would have thought it as Legal could they havesate , till they had made it pass without . The good old King at first disputed his Militia as hard with them , and who could have believed any sort of men could have thought it the Parliament's without his Consent ? But assoon as the Rebel House , had made their Ordinance for the Seizing it , which of those Miscreants did not think it as much Law ? And the more than probable project at Oxford shrewdly Insinuates they would have warranted an EXCLVSION , without their Kings leave , Legal , had they been allo'w but a further progress in their ‖ Vnwarrantable Proceedings . But as much as Mr. Johnson Triumph's with this his Maxim of the Law , * as if he were the first Divine that had discover'd this deceitful Evasion ; this Jesuitical interpretation of his Protestant Oath . Tho he and his Hunt , and all his Lawyers in the Hall should tell us Ten Thousand times of this Seditious sort of 〈◊〉 , this Senseless Sophistry upon the plain word Heir , as well as he says they do an Hundred ; still all their Noise and Nonsense about Presumptive , Apparent , Actual , possible , will be nothing more than what the late Rebels that had Actually Murder'd the best of Monarchs made their defence ; to Justifie Treason and Sacrilege it self ; so that all this Divine's Sophistry savours not only of Nonsense and Sedition , but of an old , odious , rank Rebellion ; and for to satisfie him , that the Suggestion is serious , and founded upon Matter of Fact , ( if he can find among all his Seditious Papers he has habituated himself to peruse ; and what if he pleases I can lend him for his perusal ) such an old obsolete piece , as was publisht after they had Butcher'd the best of Kings , * wherein they endeavour'd to persuade the people to be subject to their Tyrannous Usurpation ; there will he find the very two Pages that he spends to promote the Quaint Conceptions of his Noddle about nothing , or what is worse , Faction and Folly ; for tho he tells us these tales Fifteen Hundred times over , they told us so much for Forty years agon ; and that to satisfie Tender and Malignant Consciences that there lay no Obligation from their Oath of Allegiance upon them to adhere to the right Heirs of Charles Stewart ; because that those Branches of the Oath which the Providence of God , had made Impossible to be observed , must be lay'd aside ; and then they go on to shew , that Heirs and Successors must be taken Copulatively , and so the word Heirs must be meant only of those that do Actually succeed : But the Providence of God , * ( as they call'd it ) having kept the Heir of Charles Stewart from succeeding his Father , had made , say they , that part of the Oath Impossible to be Observ'd , and so the power must now be Obey'd Actively in what hands soever it be . Seditious Soul ! 'T is too much to be Senseless too ; Consider but upon this Occasion ; a Case your self have * Cited , 't is that of the Lady Jane ? Did not the Laws adjudge it Treason in that poor imposed Princess for endeavouring to hinder the True Heir from being the Actual Successor ; and to say Queen Mary was then already Succeeded will not salve the Matter , for it was resolv'd Treason too in her Father Northumberland his Contrivance of the Will for the Queens Exclusion ; which confirm'd as it was by the Privy-Council was as much an Act of State as the Bill by which our present Heir was to be Excluded : and then what they did was but in pursuance of that Will after Edward's Death , and as the Duke told Arundel that Arrested him , that he had Acted only by the Council and Commission of King Edward : Yet all was adjudg'd a defence Insufficient ; and I cannot see why the same Law would not have made those Traytors ( had the Bill past , ) that rebell'd upon pretence of such an Act of Parliament ; as well as it did others , that resisted upon the pretext of a Will Confirm'd in Council ; and which * themselves would have a sort of Exclusion ; and is almost as much an Act of state . 'T is strange that men that would be thought so mighty Rational . should not only argue against the known Rules in all Logick but against the very Inferences of Common Reason , a man of Ordinary Sense without the help of his Hereboord will allow that any Vniversal and General Assertion , in includes all Particulars . And shall vve vvhen vve svvear Faith and Obedience to the Kings Heirs and Successors , Generally Reserve an Exception of such whom the Parliament shall Exclude . It would prove but a senseless Solaecism in Common Speech , and must sure be of more dangerous consequence in a Sacred Oath : But I remember these same sort of Disputants in another * Case managed the Reverse of the Rule after the same manner : They tell us Popery cannot be kept out under a Successor Popish , because not long since Queen Mary prov'd it so : Their first Irrational Argumentation from a proposition ( and that even in a Solemn Vow ) clearly Vniversal , would except our Obligation to some Particulars , and the latter absur'd Inference from a Particular Instance draws a conclusion Vniversal , sure men of unprejudiced Reason would not infer against all the Rules of it ; it must be nothing but Passion and prejudice that can prevail upon their Sense and Soul when they dispute against the very dictates of both . And as Irrational are his Inferences upon our Old Oath of Allegiance , when by the Statute we have had since establisht a new , he cites us for a refutation of Passive Obedience , but a part of the poor ‖ younglings Oath to be taken in a Court Leet , and because 't is there said by the Minor , and Sworn only , I 'll be Obedient to the King's Laws , Precepts and proceedings from the same : And what then , Therefore that Doctrine alters our faith of Allegiance , and gives it new Measures of Obedience . So that the Consequence must be this , That if we do but perform that Obedience to the Kings precepts , and to processes out of a Court Leet , we are all very good Subjects , and that 's sufficient ; and truly a Little of Loyalty , and less Sense , with such Gentlemen may suffice ; for certainly for any Consequence that can be drawn from this clause of the Minors Oath against his Doctrine of the Bowstring and the Doctors Obedience ; he might as well have told us too , that the * Tithing-man is there sworn to be Attendant on the Constable ; and the Ale-Taster make Oath , He will serve the King's Majesty , and the Lord of the Leet in the Tasting of Good Ale and Beer : But he might have been so fair here too , as to have let us known what follows , even in this Oath too of the Youngling ; and I Swear that I 'll be a true Liegeman and true Faith and Truth bear to Our Soveraign that now is ; and his Highness Heirs and Lawful Successors , Kings or Queens of this Realm , &c. Assoon as any Treason shall come to my knowledge , I shall make the same to be known to the King's Highness his Heirs and Successors . And even the first part of this very Clause , he is pleased at last to recite in another * page , where he thinks it makes for his Sophisticated Sense , because ( as I suppose ) after the Word Successors , follows Kings and Queens ofthis Realm : But because God only knows ( as he says ) who shall come to be so , is it therefore no breach of our Oath to his Majesties Heirs to barr any one for ever from being King , God knows too who will live to Succeed him , and may we therefore without Perjury Associate to secure his Destruction , Swear to expel and destroy him , because he is but a possible Successor . All these things may be done , and justified , but so has too the Deepest Treason , and a Damn'd Rebellion , let but any Impartial Soul consider the Sense of that Supremacy , that Allegiance he Swears to his present Soveraign , and he 'll find all along he makes at the same time an Actual Promise , an 〈◊〉 Faith to those too , that are Possible Heirs , and even PROBABLE ones according to the Ordinary descent of the Crown by Birth and Blood , without any of the least Relation or Reference to any Extraordinary Settlement of Parliament , Interruption or Exclusion : and tho in strict propriety of Speech , a man cannot be said to be an Heir to him that is Living and in possession , of that to which he is to be an Heir after his Death , yet I humbly conceive a man may be an Actual Heir to a Right , tho he be but a possible one to the Possession ; and 't is that unalterable Right to the Crown we Swear to defend , Inherent in the Blood ofthose that as yet have but a Possibility to the wearing it . The Common Recoveries now too Commonly suffer'd to be really just ; sure supposes some Actual Heir , and one to have some Right , tho he is living to whom he is to make himself so ; for if there be no such Heir , then also this feigned Recovery must be just against no Body ; if they will allow such an Heir to be , then there must be also of one that 's living : And I look upon the Crowns Customary descent stronger than any Tail. His case of Excise is just such another Tale of a Tub , and only tells us that tho 't is granted to the King and his Heirs , the possible Successor can't put in at present for a Penny , a pretty piece of Impertinence and well apply'd , and were this all they would have Excluded his Highness from , I believe they might have got his Vote to the Bill ; and so we say too , that he could not have put in then for the Crown , but if he would have consulted the Sense and meaning of those Legislators that past that very Act , it would soon appear to him that what they designed for the Revenue of the Royal Heirs in General must as well be design'd for 's R. H. in Particular , if ever he came to be an Actual Heir , and so he might as well have told us , that had his Parliament excluded the D. from being Heir to the Crown , they had shut him out too from the Hopes of the Revenues that belong'd to it , and in my Conscience those that had pay'd him off with such a Bill ; would never have pay'd him a Penny Excise . The last Remark I shall make upon this their * Maxim in the Law , and this that our Florishing Divine celebrates so much for making those Heirs mentioned in our Oath , to be meant only of such as Actually succeed at our Soveraigns death , because they will have it according to their Exposition , that he can have none while he Lives , is only by way of Civil interrogatory , what they think is meant by the word Heir in that * Act that Declares it High-Treason to compass the Death of the Kings Eldest Son and HEIR , for if their formidable thundering Aphorism , must be play'd so furiously upon us , we 'l for once force their own Engine upon our Foes . If the King has no Heir while he is Living , why is it made here Treason to destroy him ; if Heir must be here meant of him only that will be so Hereafter , then that whole word Heir is impertinent , for it would be Treason without it , for he would be then de Facto King ; if Heir Relates to Eldest Son , then even the Statute too , understands it so as an Heir Possible , for an Eldest Son is no more at the most , and then we see that even in an Act of Parliament , the word Heir shall refer to one , that only may probably or Possibly be so in Futuro , as well as to those that are de Facto such , and so agrees with the very common acceptation , Afortiori then we may ( even , with the Consent of our Reverend Reader , the Divine Lawyer ) admit of the Vulgar acceptation of the word when administred to us in an Oath so Solemn and Sacred , if it does not relate to the Eldest , but only to an Heir in general that may Actually Succeed , then they must bring ( which to be sure they won't allow ) a Collateral as well as a Lineal Heir , within the very Letter of the Law. And whether they will allow him so or no , for any thing they can say to the contrary , a Collateral Heir may be within the Statute , tho not exprest in the very Letter of the Law. I don't doubt , but that the same Intention they had of preserving the King's Eldest Son and Heir , the same had those Legislators for the preservation of the next Heir of the Crown , whether Lineal or Collateral ; and where their Intention may be presumed the same , there the Remedy without doubt wasdesign'd the same too ; and that Intention of all Law-makers must beonly gathered from the parity of Reason for the making such a Law : Now if there be the same Reason for the securing the Person of any Collateral Heir as well as the Kings Eldest Son and Heir , as doubtless there is , for the perpetuating the Succession of the Monarchy , then we have Reason to believe too , that such an Heir was also intended , especially if we consider that but just before this Statute of the 25th , * it was held , That Killing anyof the Kings Children was Treason ; all of them having a possibility of being Heirs Apparent and supplying the Crown with a Succession : 'T is true ther 's nothing expressive of a Collateral Heir in the Letter of the Law ; so neither is there anything exprest of a Second Son , or a Third , when they should be come Eldest , yet allthese are allowed to be intended too ; and if Eldest shall extend to any that shall afterward become so , I don't see why the word Heir , which I am sure is there more extensive might not without much stretching refer to any that may become the first Heir , ( Admitting it otherways ) they must admit ; that this Law in this point is mighty Superfluous , the very thing which it always endeavours to avoi'd , for if the Prince must be only understood , why then that word would have exprest it better ; or else Eldest Son alone as well , and since Heir is superadded , and a Rule in Law that Letter of it must have it's full Emphasis in Explication : I cannot apprehend but the word Heir , there must signifie somewhat more than Eldest Son : There is no Provision made for the Queen Regent in that Statute , Consort being only named ; yet the resolution has been , That she is within that Statute , as well as the King , and that for the Parity of Reason . And for my Life I could never apprehend the little Lords Sophistry of a Brother or Collateral Heir , being but a Presumptive one ; it look't like a piece of State Metaphysicks , to distinguish his Highness out of his Title with a Diminution ; and that in order for Excluding him from the Crown : Time always best resolves the Sense of such States-men , whose Politicks are best understood from the Measures they take , and who seem many times Fools in the dark , till they disclose themselves to be the greatest Villains . When I saw him settled for Excluding the Crown 's Heir ; we soon saw the meaning of Presumptive , which before seem'd in so great a Man a little nonsense : But I can tell them of one-sense more it might have had . That is , the Duke was but his Presumptive Heir , because he presumed he should Destroy him : Some men of the Law would laugh at such Sophisters of the Faction . And truly they even at themselves , should they maintain the Youngest Son in Burrough English , was no Heir Apparent , who can be dispossest by latter Birth , as well as a Brother or Collateral ; but it was the want of his Lordships Law that made him abound with so much Sophistry , and so little Sense : For my Lord ‖ Coke lets us know that a Collateral Heir is as much an Apparent one , as the Eldest Son ; but only this says he is not within the Statute . Tho as * great a Judge and as good , was not so Dogmatical in this point , who as he had Reason , so he left room too for doubt , tho the Quaere in his first Edition has been very industriously omitted in the second . I have been the longer upon this , to let the Divine see that he may be much out in his Law , and that tho he would have Excluded the late Collateral Heir from his Oath of Allegiance , his preservation might have been brought in within the † Statute of Treason , and the Doctor if he pleas'd might be Hanged for him as well as Perjur'd . 'T is pretty pleasant to me to Observe how men of these sort of principlescan prevaricate for the Promoting of their own Cause , and the Divinest of them all run to the Devil with a Lye in their Mouth at the same time they in their Conscience believe the contrary to be true . No Soul Living but will believe this Libeller when so near Ally'd to the Gentleman of the Law we so lately left , would entertain assoon the Damnable Doctrin of a Muggletonian , as dispense with the belief of a Divine Right ( since his Associate in their Hotch-potch , of Scrible , Hunt has rendered it altogether as Devilish ) yet what that Lawyer won't allow , this * Body of Divinity is forced at last to prove , viz. That even the Roman Emperors Reigned with a Right Divine , and that all their Empire was Hereditary , and this he is seriously bound to maintain too , as the only Basis , and foundation for his Rebellious Book , so that these prevaricating Jugglers , with a turn of an hand can make the two several Extreams serve for the same purpose , when it will make for their Cause they shall make those Crowns Hereditary whom all Authors and all the World acknowledge Elective ; let it but cross the Interest of the Faction , the same pens shall prove you a most Elective Monarchy , from one absolutely Hereditary . The Roman Empire was certainly from Caesar their first , to this Julian himself , and even the very last of their Emperors uncertain in it's Succession ; sometimes a Right Heir would interpose , or an adopted , one but still , either set up by the Souldiers , or depended upon their permission . And how it could otherwise well , be no man can well imagin , when their standing Armies were continually in the Field , and a new Monarch commonly created with a Shout and Salutation of a Legion ; so uncertain was their Succession ; that they seldom had so much as Certainty for their Lives : Look upon the List which I have leisurably examined ; and you 'll find from Caesar that was stab'd in the Senate , to their Apostate Julian , whom they would have a Christian assassinate in Persia , I am sure half , if not more were Murdered or destroy'd by some prevalent Faction , or a mutinous Army , and most of the Purples they wore were dy'd in their own Blood , Julian's * Caesars are just as well apply'd here to the Succession of our Prince of Wales ; as the Postscript has the Confirmation of the Prince of Wales , to prove the Legislative of the House of Commons . On the other side our own Monarchy for fifteen hundred years . Hereditary , and that to be proved from all Chronicle and History , have the same sort of Pens ( and whom this Author vindicates too with his * own ) endeavoured to make merely Elective . I can't resolve this Spirit of Contradiction into any thing less than an absolute Conspiracy among themselves for the Vindicating rather Pagans and Infidels , the Government of Rome or Constantinople , before the Constitution of our Church , or the Establisht Monarchy . Upon the Publishing this pernicious piece and its falling into my hands , I remember ( tho not much read in the History of the Church , or the works of a Socrates , or a Sozomen ) that I had casually lighted in one of them heretofore upon the passage of Jovian's ( this Apostat's immediate Successor ) being saluted Emperor ; where the pious Prince told them , he would never Reign over Pagans ; upon which they Reply'd they were all Christians , and as such , had submitted and not opposed the Government of a Julian , because their Lawful Emperor ; a President so directly contradictory to those he brings , that it was a sufficient Prepossession to me against the profest Sincerity of the piece . Paganism is as much obliged to this Apostate Church-man , as the Christian Religion has receiv'd from him the greatest disservice ; he represents to us in several places his Pagan Emperor even with the Meekness of a Moses ; and with such a command of Spirit and Temperament of mind , as if he would have him rather Worshipt as a Saint , than Curst for a Persecutor ; he makes him to take Reviling patiently , as if he 'd let us know , he also could imitatehis Christ , who reviled not again ; with such mollifying expressions in several places , to the very reproaches of the meanest ; as if he would recommend the admiring of him for an Hero ; which makes me remember his dying Words , I met with once in Ammianus Marcellinus , so full of Magnanimity and all the highest Expressions of a Moral Vertue , that of an Expiring Pagan , he seem'd to me the most like a dying Christian : But on the other side , those Pious Souls , those Glorious Martyrs , fam'd for their Primitive Meekness and Moderation , that in the midst of Tortures have accounted it worthy to suffer for the sake of their Saviour , blest their Persecutors , in Groans , in imperfect sounds , and unarticulated accents of Agony and Anguish , that tir'd the Invention of their Tormentors , as well as baffl'd their Tortures , and with exalted Affection of Spirit , Triumph'd in the midst of Flames : These has he 〈◊〉 represented for the most Malicious , Seditious and Rebellious Brood of Christians , that ever breath'd under any Government altogether Pagan . What good the Protestant Religion can receive from such a Representation of the Primitive Christians , must be in pleading prescription to a warrantable Rebellion ; and what Obligation Christianity it self has to such a Protestant , is the making her much worse than the Wildest Paganism . Had he consider'd how unreasonable it was only from the selected Instances of some Turbulent Spirits ; how Irreligious and Vncharitable it is from a few furious provok'd Persons to have cast such an industrious blemish and blot upon the Practices of all the Primitive Christians of those Times ; certainly he would have found it much unbecoming his Profession , more his Religion ? Why does he not conclude from thence too that in those days we never had any Martyrs ; or that all Fox's mighty Martyrology is nothing but a mere Romance , for he 'll find Her Majesty the persecuting Mary ; in many places as severely handled ? Why does he not tell us in her time Wyat , Crofts , and Rudston REBELL'D : And then conclude we had no Cranmer , † Latimer , and Ridly that suffer'd : Why does he not tell us of the Protestant Tumults of her time , that there were those then could throw Stones and Daggers at a Bonner , or a Bourn , and not a word of the more Meeker men ; a Bradford ‖ or a Rogers that bid them be Patient and appeased them , for his Maiden Virgin that Reviled Julian , he could tell us too that of one Crofts , a Maid , that Mutter'd out as much Sedition against Queen * Mary from the Wall ; and let him but deal as disingenuously in Conclusions here too , the Reform'd Protestant will be as little Obliged to him as the Primitive Christian. In short , if Julian abounded with such a Spirit of Meekness ; ( as he in many places makes him to demonstrate ) where then was this Terrible Persecution , with which he makes such a dismal din ? If they were really Persecuted and Opprest , how came they to be so powerful , as to make such a signal resistance ? If his Old man in * Berea , was only rebuk'd by him , for raging so hotly against his King and his Religion ; and only bid by his Prince , in so much mildness as , Friend forbear railing ; if at the Reproaches of the Antiochians , he only declared against seeing them any more , if as in his ridiculous Instance of old Father Gregory's kicking of his King , he was so terfify'd and awd ; what is become of the Tyrant , and all the Bloody Persecution that attended him to the Throne ? And if as in another place he has prov'd , there was much the greater part that remain'd Christian ; where was this General Apostacy to the Pagan ? In my poor Apprehension , the several Examples he has cited , did in some sense , tho beyond his design , as much oblige his Adversaries cause , and the late Case of Succession ; as some of the Loyal hearts that labour'd so much in its defence , for they most of them prove that notwithstanding the perswasion of their Pagan Prince , the Christian Religion flourisht as much as ever ; and he never Punisht any Person ; but for reviling him for his Apostacy to his Face ; and that they might have enjoy'd their own opinions quietly had they not so much molested , and opposed his : And must the Christian Religion then be made so Rebellious , only because there were those that could revile their Prince and his perswasion ? that could call their Julian , Goats beard , Bull-burner , Impious ; Apostate , and Atheist ? Why then this Gentleman himself may infer , that the Protestant we 〈◊〉 is as Rebelliously inclin'd ; and that because some Seduced Souls were not long since so much possest with Sedition , as to Rebel against the Succession , because a poor Perjur'd wretch could call his Soveraign , † Dog , Devil , and Traytor ; because M. 〈◊〉 . himself suffers now a deserv'd Imprisonment , for representing now his own most Christian King for * ten times as great a Persecutor as the worst of the Pagan Emperors ; or because Protestant Subjects actual Rebels and in Arms against their Soveraign ; with an Arch-Traytor Attainted long since legally , have publisht in his 〈◊〉 of a Declar'd Rebellion , that their Liege Lord by the Laws of God and Man ; that is Seated in the Throne of his Ancestors , by the Protection and Providence of God ; tho so much endeavour'd to be Destroy'd and Excluded by the Plots and Practices of these Devils , and that because such Rebel Subjects have declared this their undoubted and Merciful Soveraign , an Vsurper , and a Tyrant : Our Protestant Religion , I say , by the same reason may suffer for the sake of those Seditious Souls themselves ; from several of their own examples of a Rebellious resistance , as well as in their Arguments , that traduce the Principles and Practices of the Primitive Christian. The very Rebel Books that are so much Consulted by our Asserters of a Common-wealth ; and the Favourers of a Republick , because they make a Monarch so Mean , and Contemptible , even those have largely treated of the same Subject ; that Mr. Johnson thinks he himself has only so 〈◊〉 handl'd . The Author of the Rights of Magistrates makes it most of the matter of his pernicious piece in the last Question which he proposes which is in these words , Whether those that are to suffer for their Religion , can resist that Prince , that opposes the true Religion ? I confess he with abundance of Foreign Impertinence tells us of Princes being bound to maintain the true Religion ; a thing that no one ever doubted : but then I doubt , whether every Prince would not believe his Religion to be most true ; but when he comes to the Question , whether the 〈◊〉 can resist , if the Soveraign design for them a false ; then he comes to our Mr. Johns : Resolution of the Case , of a Religion Establisht by Law ; the point in which he deluded unhappily his Patron the late Lord Russel ; then he tells us the same Triumphant notion and discovery , in which this Divine was so much exalted ; that the Roman Emperors had never allow'd the Christian Religion any publick exercise : But yet this very work which some would have a Catholiques ( but which I can hardly believe from his Brutish rage that he shows in his railing against that Church , whom in several places he is pleas'd to call * beast , whore and Bloody Harlot , that it sounds too much like the Language of the Disciplinarians of those times ; which were nothing else but what we now call the Fanaticks of our own , ) yet this very piece sufficiently pernitious ; by both parties disown'd and discommended ; wont allow them to resist the Soveraign when he alters the Religion , only by the same Authority by which it was Establisht , but then alone calls him a Tyrant when he would abrogate it by his own Arbitrary Power , whereas our Julian is a Bar beyond the best of their Advocates ; and would have had us resisted , before we had known whe ther our Religion was to be alter'd by Law , or without it ; whether it was to receive any Alteration at all ; or whether the Prince they so much Libel'd , would have come to be capable as a King , to Subvert , or defend it ; for the Bill which this Libeller ( whom the very Law has made since so ; and a Court of Justice ) would have so necessary to be past , by the same Reason that we use Remedies against the Plague , that was only a Resistance of the present Authority ; in an Altering the Discent of the Crown , which their own Laws Declare unalterable ; and that only by providing against Contingencies , that might never have happen'd , which is a sign that they aim'd only at the Succession it self , more than any danger that they fear'd from it , because the Successor might be supposed , at the worst possible , and perhaps willing to preserve to them their Religion , which they so vainly fear to lose ; as well as he has since ratified it with his Royal word , and at the present is the Defender of our Faith too as a King , as well as he had often promis'd , before he was so ; and Mr. Julian might have spared his Plaguy Metaphor of his Pitch and Tarbox ; till he felt more fumes of an infected Air ; and some better symptons of the Plague : for while their is nothing but Cypher to that Disease in the Weekly-Bill , the people would take this Doctor for a Mad-man , should he run about the Streets with his Antipestilentials , his * Fires and his Fumes : But yet in this his own Case , had our Author oblig'd himself but upon a great penalty ; not to use his preparation of Pitch and Tar to prevent the distemper , I fancy he would run the risk of an Infection rather then have than forfeited the Condition : And I should think an Oath taken to be true to the Crowns Heir should oblige as much , prevail upon his Soul as well , not to use such means and methods as would make him forsworn , tho it were for the prevention of an ascertain'd danger . And I cannot see how such a Bill that dissolv'd the very band of our Allegiance ; could be call'd any thing less , then an Act of Parliament for a Statutable Perjury ; for none but a Johnson or a Jesuit will allow that the same Lawful Authority that impos'd an Oath to be taken , can command its violation after it is took , and that sticks so much at present with some of our moderate Covenanters ; that they cannot think themselves by special Act of their Lawful King , absolved from an Oath of Rebellion administer'd by none but Rebels and Usurpers . And tho this Gentlemans Oracle of the Law , was pleas'd to call them but Protestant Oaths , I might as well tell them they are Christian ones too , if they believe the Testament to which they swear . And as this Gentleman agrees with , and perhaps has borrow'd from this old Disciplinarian , several of his Doctrines ; so has also Brutus's Vindiciae handled the same Question , which he has propos'd in this form , whether it be Lawful to resist a Prince that Violates the Laws of God , and lays waste his Holy Church . But from that Excellent Author our Julian might not only have prov'd the Doctrine of Resistance to be the practice of the Primitive Christians ; but that it was much Older , and Commanded by God himself to the Jews ; and as the former ‖ Author his Predecessor , can only from the Text tell us of the Kings of Israel being oblig'd to propagate the true Religion , such as David , Solomon , Asa , Johosaph , Hezekiah , Josiah , &c. All Foreign to the Question , so does this Brutus tell us an idle tale : and the Fancy of his own Brain ; that therefore the People of Israel fell with * Saul because they would not oppose him when he violated the Laws of God ; that the People suffer'd Famine for their not opposing his persidiousness to the † Gibeonites , that they were punish'd with the Plague because they did not resist ‖ David's numbring of the People ; and that the People suffer'd for † Manasses poluting of the Temple because they did not oppose it ; But where stilldo any of these prove , that the People did resist their Kings , or were commanded so to do ? 't is but an Irreligious Presumption to think the Almighty should punish his chosen , only because they did not Rebel against his Anointed ; when that Rebellion even by the same sacred Text is declared worse than Witchcraft ; and that primitive one of Corah and his Accomplices was so remarkably punish'd : But I know these Authors will tell us , That Eliah destroyed the Priests of Baal , notwithstanding that Ahab their King countenanced their Idolatry ; That Jehoida the Priest set Joas on the Throne , and not only rebelled against his Mother Athalia , but destroyed her to restore the Worship she had abolish'd : But in both these Instances they may do well to consider : 1. That what was done here was by the express Direction of the true Spirit of God in his Prophets ; to which when our inspired Enthusiasts , our Oracles only of Rebellion , can prove their right , as well as they but pretend it ; they shall be better qualified to Judge their King when he offends against the Laws of his God. And does not the Text tell us upon these very Occasions always , That the Word of God came to his Servants : 2. Athalia here , whom the People resisted , deposed , and slew , had no Title to the Crown , but what she waded through in the Blood of all the seed Royal : Religion was not there the rise of the Rebellion , but the right of the Crown 's Heir , which was in the young King Joas , whom they set on the Throne of his Father Ahaziah , and for which Heavens had preserved him ; notwithstanding the 〈◊〉 , and Design there was to destroy him : 3. If Religion were the Occasion of such Insurrection , as it really was not ; yet the Worship then introduced was altogether Pagan , which by the express Command of God , they were bound to extirpate . And whatever our Apostate fansies in his Comparison of Paganism and Popery , my Charity will oblige me , as a Christian , not to look upon the Professors of the same God and Saviour like to so many Turks and Mahometans , unless they can prove to me from the Text , that by the Worshipping of Baal is only meant the Catholick Faith , and to believe in Christ is to be an Infidel . In the fourth place they do not consider , that even their own Arguments make all such Applications to all ourpresent Kings altogether impertinent : For these * Republicans that maintain these Doctrins ; tell us too that the Kings of Israel were always to be regulated by the seventy Elders , as those of Lacedaemon by their Ephori ; that to these seventy the high Priest did always preside as Judg of the most difficult Affairs ; so that Arguments and Presidents brought from such Topicks , where they make the Kings to be govern'd by their Subjects , can't be applyed to Monarchs that are Modern and more absolute , tho this their very Assertion that makes against their own Application is no less than a great Lye : For we find both the Kings of Israel and Judah from the Chronicles , the very Records of those times to be Princes altogether absolute , and to have executed too that unlimited Jurisdiction . I have related these few passages , out of the fore mentioned Authors to let this unanswerable Julian see , as I promised in the preceding Section , that this his Case , had been Controverted long before he could Read or Write , and defended only by such Pens , as have Publish'd themselves and their Principles both infamous to posterity ; such as have endeavoured to prove and promote Rebellion , not only from the practice of the Primitive Christians ; but the Privileges of the * Jews , the words of the Book of Life , and the very precepts of the Living God. His Comparison of Popery and PAGANISM , might be as well returned with a Parallel of Johnson and the Jesuit , for in many principles of Sedition they agree : and he takes ( in some Sense ) a little pains to prove his Kindness to the Pagan ; that has thus traduced the Religion of the Christian. And we see that some sort of Modern Protestants could not only side with the Turk in his Arms , but almost in his Insidelity : The Religion of the Romanists I shall for ever dislike ; yet still I would retain more Charity , for the 〈◊〉 of the same God and Saviour , than for an Heathen that is ignorant of both . It was falsely inferr'd from a Person at Fishers Conference ; That the Church of Rome was the more Secum and Eligible for allowing no Salvation out of theirs ; whereas ours did out of our own , a choice both Irrational and Vnbecoming a Christian , who from the Charitableness only of our own might have thought it more eligible and safe : But our avenging Priest here has pay'd them off with their own Spirit of POPERY ; and for their Damning of HERETICKS , has sent them all to the DEVIL . CHAP. V. Remarks upon Mr. Sidney's Papers . COULD the Principles and Positions of such implacable Republicans be Buried with their Authors , or cut off with the venemous heads , in which the Vipers are both hatcht and harbour'd , our subsequent Observations would be superseded with an Execution of the Law ; Treason and Sedition it self best silenc'd with the Tongues of the Traytors , and the Stroke of Justice : But Since we have seen a Most mighty Flourishing Monarchy , with these Undermining Maxims , of our dangerous Democraticks , Usurpt upon by the very , dregs of the People ; tho these Principles of Anarchy , and Confusion , were Damn'd even by some of those Misguided Miscreants , that were of late deceived into an Actual Rebellion ; a Calamitous War , led into a Labyrinth of almost an endless Misery : Tho the God of Heaven restor'd us that Government with a Miracle , which these Instruments of Hell had undermin'd with Treacherie and Plot ; tho the promoters of these Principles that procur'd that dismal and utter dissolution of the State , for the most part long since expir'd either with a dry Death which the Authors of so much Blood and Misery did hardly deserve , or fell Victims to the Justice of the restor'd Monarchy , which they might be better said to merit ; yet still we see their Positions to survive their persons , and their Monumental mischiefs more than any Marble must adorn their Tombs . The Doctrines of these Devils of Sedition , are transmitted to their posterity , with as much Veneration and Deference as of old the deliver'd Oracles of the Deities of Rome ; or the murmering Israelites their Prototypes of Primitive Rebellion and Plot , or even themselves do the Decalogue it self . And this Asseveration is so far from the Product of Passion , that I can prove it in it's several particulars ; * Brutus his Vindiciae was only the great Copy , and as exactly transcrib'd , from his immediate Predecessor in Sedition ; that Daemocratical Dogmatist de jure † Magistratuum , Pryn ; and ‖ Harrington here in our own soil , had his † Needham to succeed him ; or rather as nearly Cotemporaie's to support him in his Political Treason : In our next age we are pester'd with a Nevil , a ‖ Plato ( i. e. ) A Plague to any Government that requires a Subjection ; and the very Subject of our present animadversion a † Sidney his Associate , all agreeing in every Syllable , in the same unanimous Absurdity , the same Seditious Nonsense , the same Confus'd Notions of an Anarchy . I shall show the Congruity of these Conspirators , ( for I cannot call themless , and there cannot be greater Villains ( than what set up for Common-Wealth's men , under an Establisht Monarchy . ) I will shew their agreableness from their own several Citations in a perfect Parallel of each Politician's particular positions ; and this work will be most apposite and proper for this place , and such a Section ; where Mr. Sidney must make the Subject a Person that valued himself for his Antimonarchical principles ; at a time when he was to be * Try'd for Treason ; at ‖ a time when he was to suffer for it too , or in his own Phraseology ; singl'd out as a Witness of the Truth ; tho some 〈◊〉 Subjects might believe it , persisting in a great Lye : A Person that seem'd to suggest his Salvation , his Soul's safety to consist in asserting the Seditious positions of a rank Re-publican ; ( as if Heaven it self had been Concern'd for his answering Filmer . ) In short a Person the most Eminent Anti-Monarchist of our present Age , and as he says from his Youth ; fam'd and engag'd for it in the past , of a designing Head , and a discontented Heart , that would have been dangerous even to that Democracy he did adore . But as I don't design to write the Life of a person , that was the Daedalus of his own Destruction , that drew down upon himself an Ignominious as well an unfortunate death , and Sacrific'd himself to the Bigotted Sentiments of his own Brain , which might have been less dangerous too to its Natural Head , had it not been busied so much about the Nations Politick Body , and might have left behind it a more lasting Monument of its Wit and Parts ; so happy to be as Loyal as it desir'd to be thought had it been Learn'd , and the disgrace will ever supersede the Glory of the greatest parts ; when it can be said they were exercised only in being so Seditiously Witty : I design no personal Reflection on his Name , or Family ; wherein the Exemplary Loyalty of some of his best , his Noblest Blood ; can almost restore and attone for his own 's being tainted ; and their stedfastness to support the Throne ; can make amends for his Faction to subvert it ; and as I should be very loath to give the least offence to the Living , so I delight as little to disturb the Ashes of the Dead : I am satisfied 't is the most uneharitable as well as it will prove but a rude draught to design upon the dust , to disquiet their Peaceful Urnes , who are said to rest from their Labours ; but the same Text tells us too their Works will follow them ; and 't is those his principles , his positions I profess to censure and refute , tho I am sure this Gentleman , and his Hunt , have hardly been so Charitably Fair to the Fame and Memory of their Filmer . And the first that fall in our way , are his first lines that were produc'd upon his Tryal , wherein he Labours to Vindicate the * Paradox of the Peoples right of being their own Judges , and deciding the Controversie between themselves and their King ; but tho they are told ten thousand times , that this would make the very ‖ party to be the Judge , and produce the most preposterous and unequitable destribution of Justice , such as a Barbarous Nation would blush at ; tho both our Common Law , and Common Equity ; tho both the Canon and Civil , provide even against all * Prejudic'd Evidence , and must then a Fortiori , against a Judge that is so , and tho this Equitable process is provided even in Favour of this People , yet cannot these perverse implacable Republicans , think the same Common Justice necessary in the Case of their very King. And then I hope they will allow 〈◊〉 Soveraigns Cause to be 〈◊〉 by Witnesses as well as their own ; and then who shall give in Evidence the matter of Fact in which he has 〈◊〉 his trust ? why they must tell us again , the People ; so that the People 〈◊〉 is Party , Judge , Evidence , and all ; and no wonder then if among the People too , we find a pack of Perjur'd Oates's , that can impeach their Prince . But it is not really the Reason of the thing they so much rely on ; for that I shall refute anon beyond Answer and Reply ; unless it be from such as are resolv'd to Rebel against Sense , as well as their Soveraign ; but that which truly determines these dangerous Democraticks , is the tradition of their positions ; which ( as I observ'd ) are deliver'd down to their posterity , and rever'd for Revelation : The Principles of a Republick like the root of Rebellion it self run in a Blood , or are receiv'd like the Plague , from the Company they keep by way of Contagion : They are loth to dissent from their Friends and Relations , or Condemn the resolution of their pious Predecessors . But sometimes the Seditious Souls are Seduc'd and Prejudic'd with the Approbation of an Author ; whom they shall as much perhaps pervert , as they little Comprehend , sometimes impos'd upon with a pretended Antiquity of their opinion and policy , with which too they would delude others , so for the first we saw not long since a Plato Redivivus dealt with the Devil he would have raised in the Ghost of his Philosopher , and endeavored to obtrude upon the World the lewdest Sedition , for the Dogma Platonis ; so did also the Leviathan of the Usurper , that took his pastime in his unfathomable Oceana ; ( i. e. ) a political piece of Paradox , deep and un-intelligible ; besides the quaintness of its pretty Style , that renders it a Composition of Pedantry , and Romance , That Illuminato was perswaded , ( among the wonders in his deep , ) that he had discovered what had been so long buryed in the Floods ; the old Model of the very Primitive Common-wealth , ( as if his Idaea of Government , had determin'd the Deity , or at least had been concurrent with the Design of the Creator , when he fram'd a World to be govern'd ) for the bold Gentlemen being very Opiniative ( and I think one might say a little impious too , ) * Appeals to God , whither the Sentiments of this Oliver's Architeck , do not suit exactly , with the very Protoplasts , the Almighty's Mind ; and whither his Model ( which all must acknowledge the result of a most unnatural Rebellion ) was uot the very Common-wealth of Nature ? And this his Prototype of the Primitive Republick , the Pragmatical Dogmatist is pleas'd to call , the † Doctrine of the Antients , or Antient Prudence , but if such ( as he says ) were the Government before the Flood , I shall only conclude it so ; because its Lewdness and Sedition , might occasion the deluge ; and might have been preserv'd for them in the Ark too , since there was Beast in it of every kind ; and their admir'd Aristotle will allow his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to be Communicable to an Ant , an Ape , or an Ass as well as a Man. This opinion of the Peoples deciding between themselves and their King , you shall see is not only Mr. Sidney's , but the Doctrine of all the Democraticks , all the rank Republicans that ever writ ; * Brutus in his Vindiciae makes the Magistrates whom the People shall Authorize ( by whom he understands their Representatives , their Dyets , or Parliament ; or else such as was the Ephori of the Lacedaemonians , the Seventy Elders among the Israelites , the Praefecti , with the Centurians among the Romans , these makes not onlythe Judges , but the Avengers of the Perfidiousness , ( as they call it ) of their Princes ; upon their presumption that they have Violated the Laws . About a year before the Publishing of that Pernicious piece , some say a Romish Priest , a Catholick , others a Reform'd one , A Calvinist ; maintain'd the same Doctrine , in a Treatise concerning the Soveraigns right over the Subject , and the Subjects Duty towards his Soveraign ; for there he tells us ( tho it be a Common Objection that the King has no other Judge but God himself , and the Example of David as commonly objected , whose Murder and Adultery no less Laws could punish than the Almighty's , ) he ‖ Answers to it very positively , that the States of the Kingdom always retain'd a power of Judging and Bridling their King ; which if they do not do they are Traytors to God , and their Country ; he would resolve the Case of King David , ( whom the People could not Judge for his more than Ordinary Crimes ) to result from his sins and offences but being Personal ones ; and ( as he must mean I suppose ) not perpetrated against the Welfare of the Common-wealth it self ; tho I cannot see why the breach of any Law establisht in a Community , may not be Constru'd to be a Transgression , also against the Publick ; tho the Injury sustein'd more immediately relates to some private Person : 'T is for that Reason all our Indictments run in the Kings Name , and the Criminal Process , in all other Nations ; at the suit of the Power that is Supream ; so that properly there is no Personal Crimes , especially of this Nature , but what can be consider'd too ; ( as they Commonly are ) against the National Interest ; and the very well being of the Civil Society : So that if they 'l Punish , or sit as Judges upon the Soveraign , for designs against the Publick State it self , they can as soon for any injury done to an private Member of the same : But that we see the Israelites didnot pretend to do even in their David's Case ; and so his solution of the Nature of the Crime signify's just nothing . Mr. Harrington whom his advocate , and his Plagiary too , in his * Plato Redivivus is pleas'd to recommend for his Learning , least the Notion of the Balance that he borrow'd from him should be taken for a Fool 's , as well himself 〈◊〉 for it there , and play'd the Knave ; why truly that Learned Gentleman Chimeson in the same Din of the Peoples Judicial power , ( and these drudges of Sedition like the Common Pack-horses pursue all the same Track , and the leading Bell ; for he tells us too , ‖ the People , or Praerogative ( all one with them , ) are also the Supream Judicatory of this Nation , having Power to determine all appeals from the Magistrate ; and to question him for his Administration . In the next place , that * Independant Brute , that Assertor of his Free State , as he calls it , ( i. e. ) to be unconfin'd , and live like Savages : In Mr. Hobbs his Language , The State of Nature ; or if you please , in Mr. Harringtons , The Balance of Beasts . This inveterate Villain , that vilifi'd our Monarchy , ( tho that Heaven instituted it self , after its own Theocracy , ) that debused this Divine Institution , even below their Human Invention , and † calls its Principles Brutish ; That Panegyrist of the Usurpation , some of whose most Villanous Expressions , I may hereafter revive , for the Reproach of the last Age , that suffer'd such a Miscreant to Murder Monarchy it self from the Press , when they had Butcher'd it before on the Block ; and for the Information of this , that think themselves so hardly dealt with , when only their own Treason , and Sedition , is less severely handled : That Opprobrium of Man , as well as Subject , That pursued the Sons of the Martyr'd Soveraign , in such scandalous Satyr , and bitter Invective ; such Satyr , as themselves would think but rudeness , if offer'd , only to the very mark of Infamy ; their Perjur'd Evidence , or their Pillor'd Oates ; such Invective , as themselves would think Inhuman , were it past upon Beasts , or their own more Barbarous Regicides : This most unnatural lump of Anarchy , whom but to name , is to digress into necessitated Horror , and Detestation ; he publish'd too , this very same position , only in plainer Words , and more expressive Treason , viz. That the People were not only Judge , of his Majesty , but That it be made an unpardonable Crime , to incur the guilt of TREASON , against the MAJESTY of the PEOPLE , * and notwithstanding those gaudy things call'd MONARCHS , the PEOPLE always made a shift to bring them to an Accountable Condition , For this the Plato Redivivus , or the Politick Plagiary ‖ founds all his Empire , and Dominion , in Property , according to the Doctrine of the Ancients , or Oliver's old Oceana , only a new Babel built upon Rebellion : For by this their own Maxim of Balance , or Property , the People must be the supream Judges of their King , and so the only deciders of their own Case ; for tho the King may be said to have , and surely has more of this Property , than any single Subject ; yet they are satisfi'd , he can never come to have more than all , unless we could imagin he had in actual Demesne , the Major part of every foot of the Land in his whole Dominions ; tho I think I have shown in some foregoing Section , in what Sense even the Law will allow the Soveraign to have some sort of propriety over all : So that this their Ancient Prudence , or Empire in property will allow the Collective Body of Subjects , to be the best Judges of their own Case ; nay necessitate them to be so , tho not some certain Subjects . But then tell me , Seditious Dolts , the disparity between these Maxims you so much admire for their Antiquity , as if founded upon Eternal Truths , and the Doctrine of a Brutus , or a Pryn , the very Words of our Modern Common-wealths-Men , which almost all the World will allow to be great Lyes ? and what does Hunt's Harangue tend to , but to maintain all the very same Position of this Peoples judicial Power ? Does he not for this tell us , That no * Civil Establishment , but is controlable to the publick Weal : ‖ That the Crown is the Peoples Right ? and in a word , in the very words of that Monster ; in his Mercury I mention'd above : A Miscreant that did not dare to see the Light , till the Monarchy it self was involv'd in its darkest Cloud ; and in his lewd Language , does this illuminated Lawyer open too , even in this very Case , ( viz. ) That Treason , ( may very well be committed against the Majesty of the People ; and the same says , The Counterpart of this excellent Lawyer ‖ Wil. Pryn in one of his Treasonable Treatises , Pamphlets or wast Papers . Here you see the Harmony , and agreeableness between the several sorts of these Seditious Demagogues , that is , the Seducers of the People , according to the very Literal Etymology of that very word they so much delight in ; and Mr. Sidney , when he says , there being no Judge between King and People , that therefore the Case admitting no other , they must needs be Judges of things happening between them and him , is just no more than what you see , all those I have cited before , have all , all to a syllable said . Could I distort my Soul , and my little Sense so much , as to wrest it for a while , to play the Republican , ( i. e. ) to be Senseless , and Seditious ; sure common Prudence would prevail with me not to labor so much in such a Subject , where the most sublimated Wits , with their most exalted Sense , can never say any thing that is really new , any thing besides what has been as much baffl'd of old , especially where the pains must be as unprofitable , as the argument dangerous , and well it may , that sets up for a Common-Wealth , under a Monarchy so well establish'd . But since we have here seen all what such a series of time , and such a number of Sedulous and indefatigable Authors have said upon this point , they surely cannot but forgive us , only for asserting this point of the Government , which they with less Reason are so ready to oppose ; when our attempt , if it merit nothing , cannot be condemned from any Law , only for desending its own Establishments ; and theirs for disturbing the publick Peace , must be liable to be punish'd by the Laws of any Civil , or Human Society : But to take no advantage from our having the better end of the Argument ; consider the Case only in the absolute Abstract of pure and unprejudic'd Reason and Equity ; Mr. Sidney says , ‖ 'T is a most absurd solly , to say a Man might not in some places kill an Adulterous Wife , or a disobedient Son or Servant , because he would there be both party and Judge , ( tho the Romans for that Reason would have kill'd him , that ston'd his Son to Death ) I don't know what Civil Society allows of such a sort of Severity , or what Barbarous one he had been bred in , but I am satisfi'd , that for that very Reason , they being the Parties most offended , have therefore sure the less Reason to animadvert on the Offence , unless we could imagine them God Almighties too , as well as Governors , that had Injustice for their all , their Attribute ; and nothing of Human Passion , or Frailty , from their suffering injury to transport , or deceive them in their executive power , beyond the Measures of its Administration : The Sons of Brutus had sav'd once their ungrateful Rome from a Foreign Foe , as well as the Father had delivered it from the Domestick Slavery , ( as the Democraticks of those times termed too , their Rebelling against their perpetual Tyrant , their Caesar or their Prince ; ) yet so transported were the People , with the unsuccessful Attempts of those unhappy Youths , only for the thought of restoring that much better piece of Polity , the Monarchy , they had help'd but so lately to subvert , that without the least Consideration of their past Services they soon sentenc'd them to suffer : But were it granted them , That in some places , the Parties are permitted to be the Judges ; Does that argue for the Reason , and the equity of the thing that they must be so in all others ? 't is sure a very sorry sort of an Argument , that will conclude from a particular wrong , to an universal Right . 'T is such an one , as themselves would not allow of in the like Case , when it makes for the Monarchy : For when 't is objected to them , that God in the Sin of his Servant David , did somewhat signifie he reserv'd the judging of KINGS to himself the King of Kings , and Judge of all the Earth ; and that therefore the Elders of the Israelites , or their Seventy , which Brutus says , were then to constitute their supream judicatory , we see did not , or could not call him to Account ; why truly to this it is answered by his Predecessor in his Principles , that Plato to this Aristotle , That Author de jure Magistratuum , That it is a false Conclusion to say , Kings ought not to be punished by the People , because David , or any particular King was not . I shall grant this renown'd Republican , more than he 'll be willing to accept of , especially in one of his Instances of the Father , tho party to have heretofore been judge even in Capital of his Sons Offence , tho against himself ; but that was when the Government of almost all the World was purely Patriarchal , and then he had the same Despotical power over his Wife and Servant , his whole Tribe and Family ; and even as their Aristotle , a Common-wealth man insinuates to us in his Politicks , those ruling Fathers , afford us the Foundation for all Monarchy ; but says Sidney , There being no mean Judg between King and People , therefore they are his Judges , and their own ; and why may it not be as well said , therefore he is both his own Judge , and theirs ? there is no one to mediate even in his own Instances , between the Father and Son , Husband and Wife , Master and Servant ; and does therefore the Son Judge the Father , the Wife the Husband , and the Servant the Master ? or are either of them therefore the Judges in their own Case ? Certainly with Men of Common Sense , the Supream power must conclude the Judicial too , and that even themselves seem to suggest ; tho it be bottom'd upon a false Principle , when they place it in the People : For they tell us themselves in their old Antiquated Aphorism , when they consider them Collectively , they are satisfied they have the supremacy , and then they would be not only Judges in their own Case ; but would for ever Exclude their King from being Judge ; but the very Foundation of this piece of folly under any Monarchy , must needs be false , and so the very Babel they would build upon it must needs fall into Confusion . But to give a farther Confutation to this first Maxim of this Antimonarchist , tho it be really no more than what was Printed in the Rebellion , in another pernicious piece , besides what we have mention'd above ; It went under the Name of a Treatise of Monarchy , and its Author Anonymous , who very fairly puts it in the very power of every Man to Judge the Illegal Acts of his Monarch ; * But yet will not admit it to argue a superiority of the Persons Judging , over him that is Judged ; and indeed 't is such an Inference , as seems to be just as full of Folly as Faction , only they that would make the People supream for it , are the more lying Knaves ; and this that would make them decide the matter without , the more Factious Fool : for when you ask these Sophisters in policy , if a Soveraign transcends his Bounds , who shall be Judge . of that excess of Soveraignty ? why themselves tell us there is no Judge , and yet will have the People and the Party to be so ; but what if I should for once force them upon some shadow of Argument , and tell them the Fundamental Laws of the Land , to be the best Judge ? Yet still they be at a loss for this THEIR Judicatory ; for the King who is the Fountain of all the Laws , is the best Judge too of their being violated . But besides the very Supposition of such a Violation of the Laws , by our own 〈◊〉 , is as false in Fact , as 't is expresly against those very Laws to suppose it ; for by * those he is declar'd to be never able to do any wrong , and so his Subjects cannot be injur'd by him , or the Statutes violated , when by those very municipal Sanctions , he is still presumed to do right ; but besides , Regal Authority cannot in Reason be subject to the Penalty of any positive Laws ; tho it may perhaps be oblig'd to the Observances : And this made as ‖ Learn'd a Person , as any our Land bred , to distinguish this Royal Obligation into the directive and coercive part ; to the first , he thinks them somewhat subject , tho never to be compell'd with the latter : Consult but your Bibles , and the most curious of our Common-wealth's-Men , will hardly discover , what these illuminated Virtuoso's of the State , have of late brought to light , that any of the Kings among the Israelites , or the Men of Judah were tied to the Laws of their Land : That very Description that Samuel gives them of their Soveraign Saul , which our Democraticks delight to represent so very grievous and intolerable , and which the late Mercury-maker calls the giving them a King in his Wrath ; yet that serves sufficiently to satisfie these mighty Murmerers , that the Nature , the Constitution of Monarchy was look'd upon then to be much more Arbitrary , than themselves , the most Seditious Subjects , would well allow , or our present Soveraign aim at or offer : For he tells them , The manner of a King must be to take their Sons for his Service , set his Souldiers to devour the product of their Ground , seize their Daughters for Cooks , and Confectioners ; their Vineyards , and their Seeds , their Cattle , and their Servants , all must be his , such an absoluteness , and even an Opprestion , that they shall , as Samuel says , cry out because of their King ; yet even this , after he was by the same Prophet anointed , and endowed with all that formidable Power , he so fearfully represented , we don't find even him reproach'd for a Tyrant , or upbraided for violating the Laws , or any breach of Trust ; whereas their Brutus , in his Description of a Tyrant , calls it Tyranny only for a Prince to bring in Foreigners for his Gaurd ; and then our Haringtons , Hunts , Nevels , and Needhams , might have made it Treason too against the Majesty of the People ; for our Kings that have suffered several French Souldiers in their Troops : I say seriously they might have made use of such a Ridiculous Argument of this Authors , for accusing our Princes of their Arbitrary Power , as well as they have borrowed from the same Senseless Soul , as silly and Seditious stuff . But least our Republicans , as they really do , should rely too much upon Samuel's frightful Description of an Arbitrary Prince , ( which they now-a-days too much make the Bugbear of the People , as if their Dogs can worry the best Government , when drest in a Bear-Skin ; ) 't is the Sense of some Learned Men , that the Prophet gave them only this draught of a Monarch , to let them know the extent of his power , and as Sir Walter says , to teach the Subject to suffer with patience any thing from the Hands of his Soveraign ; and I think that unfortunate Gentleman when he Pen'd most of that Excellent piece as a Prisoner , had no Reason to be suspected for a Dissembling Flatterer of Kings , as Brutus representsany one that defends his Soveraign's Right , for a Traytor Betrayer of the People , as Hunt has it , or as Needham ; Debauch'd with the Brutish , Principles of MONARCHY ; but I am sure may be allowed to have had more than them all . In the next place , the Laws of Nature , of all Nations , and particularly our own ; all absolutely exclude the People from being Judges in the Case of their King : For the first , It is the most Preposterous and Unnatural Inversion in the World , that inferior Subjects should be invested with such a Power , as common Sense will not admit to be lodg'd tny where but in the Supream ; they may as well invert the common Course , the constant Order of unalterable Nature it self , expect the Sun and Lamp of Heaven should no longer move in an Orb so high ; but Stars of the meanest Magnitude set up for the sole Dispensers of the day ; and the simile for ought I see is not so Foreign neither ; for we find there is more than a mere ordinary Analogy between that Harmonious Symmetry of the World , and such a System of Government , as if that Eternal Protoplast , had found it most agreeable for the frame of the Universe , which he the very God of Unity had form'd ; as if the Institution of the one , were nothing less Divine , than the Creation of the other . And for this , I dare appeal even to the Almighty , and that with better Authority , than Mr. Harrington with his Antient Prudence : The God of Heaven , who by all , unless they be Barbarous ‖ Heathens , is allowed to be but one , and he himself is pleased to call Kings his very Vice-gerents here on Earth ; and the very Polytheists of Old Rome , that had their Gods for almost every day , as numerous as they say , the Modern Romanist , in his Calendar of Saints ; yet they among the many Deities they ador'd , still lodg'd the Supremacy in one , and ascrib'd all the Government , all the sole Supream Power , to their Mighty Jove : For this he framed one Sun to Rule by Day , and a Moon by Night : For this he Justified that paternal Right , in one Man , which even their Aristotle , a Heathen Born , bred under a Republick , reckons for a sort of Monarchy ; But I confess such a sort of Argument , can not be concluding with Men that will oppose Heaven it self , and all the Harmony of its Creation , rather than be convinced , That their own Models end commonly in Consusion , and are best represented in the Primitive Chaos . For the Second ; Consult but the Imperial Laws , and the Codes of Justinian ; Laws that were Collected from other Nations , as well as made by their own , Laws that their Solon and Lycurgus , with all their Attick Legislators ; all the great Republicks of Greece , which these Seditious Souls so much extol , could never have reform'd ; and you 'll find what provisions those make for the Supream Magistrates being the sole Judge : The resolutions of some of those Heathens of the Royal Authority , their Humble Submission to the Supream Jurisdiction ; in all Causes , and over all Persons , ( as our Protestant Oaths have it ; ) one would think should make the boldest of our Christians blush , that can run up resistance , at the same time they are Sworn to submit and obey ; these their Laws , which for their equity have obtain'd even thro the universe , these tell us , That the * King is both the Maker , and sole Interpreter of the Laws ; that what ever ‖ pleases the Prince has the Power , and efficacy of a Law ; and that 't is a Crime equivalent to * Sacrilege it self , to resist a Proclamation , or Edict of their Soveraign , that he himself is bound by no Law ; and then I am sure can't be judg'd by any ; and that he is † exempted from them , here on Earth ; because Subject to none but the Judge of Heaven . And for fear least Arguments drawn from the Laws of Nature , and all Nations should be insufficient , to convince men of such Seditious Sentiments ; we 'll for Confirmation of the Third , Subjoin the Resolution of the very Lawyers of our Land ; and they tell us too , what the God of Heaven ; and almost the Universal Concurrence of all the Nations upon Earth have agreed in before ; our Britton as I 've shown before , has in effect with the very digest of the Imperial Law ; made our Statutes to consist in the Will and * Pleasure of the Prince ; only qualifies it with this Insignificant Restriction . That it must not be understood of an Absolute Will and Ungovernable , but such as is guided and regulated by good advice ; and the Rules of Equity , and Reason ; and if this be a Warrantable Resolution , ( and I warrant you the rankest Republican will take his Authority to be good ; should it in any place favour their Anarchy ; then it must be unavoidably concluded , that where the Law is the Princes ‖ Will ; none of his People neither as aggregate , or Jndividuals , can be Judges of its Violation ; neither can it according to common Sense , without the greatest Solecism , and Absurdity ; be said , by him to be violated at all ; for where the Custom of the Kingdom ( as it must be in all absolute Monarchies ) has plac'd the sole Legislative Power in that which is Supream : There the same Will , or Moral Action of the Sovereign , that breaks an old Edict ; is nothing else but an Enacting of a new ; and the Common Objection , that our Republicans Flourish withal against this , is , That then Murder and Sacrilege might be the Laws of the Land , because perhaps it has been heretofore the pleasure of our own * Prince . But as such Observations are full of Venom , and Spight , so they are as much impertinent , and nothing to the purpose ; for whether our own old English Lawyers had restrain'd the meaning of the Word WILL , to a WILL guided by right Reason and Judgment , no Person of sober Sense , but must Imagine , that the very Principi placuit of the Romans , was as much restrain'd to the Rules of Reason and Equity ; and therefore their Tiberius , Caligula , Nero , and Domitian , were as much Tyrants , and by their own Authors so are term'd , as if they had been bound by the strictest municipal Laws of a mixt Monarchy , and as the People themselves to the very Penal Statutes of the Land ; and therefore for that Reason the very same Civil Sanctions of their Imperial Law , that allow such a Latitude to their boundless Prince , abound too with this Restriction , that still it becomes him to observe those very Laws to which he is not oblig'd : And for the spilling of Blood , or Robbing of Churches , and the like unnatural enormities , which they say by the Soveraigns being thus absolv'd might become Lawful : did not the very Directive part of some of their Municipal Laws forbid them in it , the precepts of God and Nature , the Unresistable Impulse of Eternal Equity , and Reason ; to which the Mightiest Monarch must ever submit , and themselves did ever own a Subjection ; those will always tye the hands of the most Absolute , from Committing such Crimes ; as well as the Common Lictors do the meanests people for being by them perpetrated and Committed ; and 't is a great Moral Truth , grounded upon as much Reason and Experience , That those dissolute Princes that did Indulge themselves in the Violating the Divine Laws of God and Nature , could never have been constrain'd to the Observance of our Human Inventions , the Municipal Acts of any Kingdom , or Country . And therefore I cannot but smile to see the Ridiculous Insinuations of some of our Republicans , endeavouring to maintain that by such silly suggestions , which they can't defend with Sense and Reason ; for rather than want an Objection they 'll put us too suppose some Kings endeavouring to destroy their Subjects , and alienating of their Kingdoms ; and then put their Question , Whether the People shall not Judge , and Punish them for it ? but in this they deal in their Argumentation against their King , as some Seditious Senates of late indeavoured to Impose upon him to pass Bills , by tacking two together : A popular encroachment , with an Asserting the Prerogative : Just such another business was bandied about , by that baffler of himself ; that pretious piece of Contradiction , Will. Prin. Who tells us out of Bracton ; That GOD , the Law , and the Kings Courts , are above the King ; where if you take all the Connexion Copulatively ; 't is not to be contradicted , because no King but will allow his God to be above him , under whom he Rules ; yet even there it may be observ'd , that the Lower House , he so much Labour'd for , is not so much as mention'd . So do these Sophisters in the Politick's here , proceed just like those Jugglers in the House ; they couple a supposititious piece of Premis'd Nonsense ; and then draw with it , a pretty plausible Conclusion ; for what man can Imagin , if he be but in his Wits , that his Monarch , unless he be quite out of them , and Mad , would destroy those over whom he is to Reign , none but the Bosan in the Tempest , with his Bottle of Brandy , was so besotted as to think of Ruling alone ; and setting up for a Soveraign without so much as a single Subject ; so that should these peevish Ideots , have their silly Supposition granted , still they would be prevented from obtaining their end at which they aim , for first if we must suppose all the Subjects to be destroy'd ; where would there be any left to judge this Author of their Destruction ? if they 'll suffer us only to suppose the Major part , or some few certain Persons to besacrific'd to his Fury , then still that Soveraign , that would destroy the most part , or some certain number of his Subjects without Sense , or Reason , must at the same time be suppos'd to be out of his Senses , and then no Law of any Land will allow the People to punish a Lunatick : But if a King must be call'd a Destroyer of his People only for letting the Laws pass upon such Seditious Subjects , that would destroy him ; which is all the Ground they can have here , for branding with it their present Princes ; and for which these exasperated rebels really suggest it ; then , in Gods name , let the Latin * Aphorism take place too : Then let such Justice for ever be done upon Earth ; and trust the Judgments of Heaven for their falling : Then let them deprecate , as a late ‖ Lady did , the Vengance of the Almighty , upon the Head of the Chief Minister of the Kings ; but let there be more such Hearts to administer as much Justice , and the hands will hardly receive much harm for holding of the Scales . And for that others silly supposition of these Seditious Simpletons , of a Kings Alienating of his Kingdom ; * they must suppose him at the same time , as simple as themselves that suggest it ; and could they give us but a single Instance , or force upon us any President ; all they would get by it , is this , That as their supposition was without sense ; so their Application would be nothing to the purpose ; for such a matter of Fact of their Kings would make him de Facto none at all : I know they can tell us of one of our ‖ own that lies under that Imputation , of making over his to the Moor : And of others , that in the time of the Popes Supremacy , resign'd themselves with submission to the Holy See ; for the first , the most Authentick Historians not so much as mention it ; and were it truly matter of Fact , that King had really nothing to resign ; for the Republicans of those times , were the good Barons that Rebel'd ; and had seated themselves in a sort of 〈◊〉 before ; in short if it were solemnly done , it would look like the Act of a Lunatick ; if not at all , as is much more likely , their Historians Labour in a lye ; and for the other , we never had a Soveraign that Submitted the Power of his Temporal Government of the state to the Pope's See : but only as it related to the Spiritual Administration of the Affairs of the Church , and the Religion of the Times . These sort of Suppositions have so much Nonsense in them , especially when apply'd to Human Creatures , and more then when to Monarchs , that have commonly from Birth and Education , more Sense than common Mortals ; that there is not so much as a Natural Brute , but will use what he can manage as his own , with all imaginable Care and Discretion . How tender and fond are the most stupid Animals ? how do they most affectionately express that paternal Love for the Preservation of their little Young ? how abundantly do they Evidence that Natural * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , with which Mr. Hunt gives us such a deal of impertinent disturbance ? and why cannot the King of a Country , whom the Civil and Imperial Sanctions represent as the ‖ Father of it too , be supposed to retain as much a paternal Care for its Conservation ? we do not find even in that their Free-State of Nature , or that Common-wealth of Wars , the Republick of unruly Beasts , where there is the least Relation , or resemblance ; tho perhaps they have power and opportunity , that they delight to devour and destroy , and much less do they covet the ruin of that , from which they can reap somewhat of Advantage by its Preservation , why then should we fancy Human beings , and the best of Mankind Monarchs themselves , whom th' Almighty has made * Gods too , to be guilty of so much Madness and Inhumanity ? Where do we find the worst of Fools , designedly to destroy their Patrimony , though many times through Ignorance , they may waste them ? and that tho there were no Laws to terrifie them from turning Bankrupts , or punishing them for Beggers , when they have embezell'd their Substance : Away then , Malicious Miscreants ! with such sordid Insinuation , such silly Suggestions against your own Soveraigns , which your selves no more believe them likely to be guilty of , than that they would set Fire to all their Palaces , and Sacrifice themselves and Successors in the Flames . But to Return to our Argument , they 'll tell us perhaps , What signify the Sanctions of the Imperial Laws , and the Constitutions of an Absolute Empire to a Common-wealth , or a Council of three States that are Co-ordinate , or at most but a Monarchy Limded and mixt , and where whatever power the Supream Magistrate has , must have been first Confer'd upon him by the People ; where the Parliaments have a great part of the Legislative , and their Soveraign in some sense but a Precarious Prerogative ? what signifies the Authority of a Britton , or a Bracton , whose very works by this time are superannuated , who wrote perhaps when we had no Parliaments at all ; at least ‖ none such as now Constituted ? I won't insist upon in answer to all this to show the Excellency of the Civil Institutions that obtain o're all Nations that are but Civiliz'd : I wont prove to them because already done , That we don't Consist of three States Co-ordinate in the Legislative ; or that our Monarchy is Absolute , and not mixt , as I shortly may : But yet I 'll observe to them here , † That the Romans themselves , tho by what they call'd their Royal Law they look't upon the power of the Prince to be conferr'd upon them by the people ; yet after it was once so transferr'd they apprehended all their right of Judging and Punishing was past too . And for their vilifying these Antient Authors , and Sages of Law , who , did they Favour these Demagoges , would be with them of great Authority , and as mightyly searcht into , and sifted : Should I grant them they were utterly obsolete , and fit only for Hat-cases , and Close-stools , that they both writ before the Commons came in play , for their further satisfaction I 'll cite the same from latter Laws , not two hundred years old , and that our selves will say was since their Burgesses began . And therefore to please , ( if possible ) these Implacable Republicans , I 'll demonstrate what I 've undertaken to defend ; from the several Modern Declarations of our Law : For in * Edward the Third's it was resolv'd that the King could not be Judged : And why ? because he has no Peer in his Land ; and 't is provided by the very first Sanctions of our Establisht Laws , by the great ‖ Charter it self , their Act of Liberty , they so much Labour in : that not the meanest Subject can be Try'd or Judg'd unless it be by his Peers & Equals ; much less so mighty a 〈◊〉 that has none : and a Fortiori then with lesser Reason by those that are his own Subjects , so far from being his Peers , or Equals , that they are together his Inferiors , which has made me think many times , these preposterous Asserters of so much Nonsense , these Seditious Defenders of those Liberties they never understood , did apprehend by the word Pares in the Law , not the common Acceptation of it in the Latin ; but only the abused Application of it , of our own English , only to our House of Lords : And conclude the King might be Judg'd by those we commonly call PEERS , because they sit in that Honorable House , and at the same to be Judg'd according to Magna Charta , that all Judgements be per pares : But does not each Dunce and every Dolt understand that the very Letter of the Law looks after this only , that every Person be tryed at the least by those that are of his own Condition ; and that in the Legal Acceptation of the Word , every Commoner of the Lower House , nay every one of their Electors , is as much a Peer , as the greatest Person of the House of Lords : In short , they must put some such silly Seditious Exposition upon the plainest Letter , when they pretend to Judge their King , or else from the very Law of their own Liberty they labor in , allow that their King has no Judges . In that Act against Appeals that was enacted in the time of Henry the 8th . the very Parliament upon whom the People , and even these Republicans so much depend , tells us even in the very Letter of that Law , That it is Manifest from Authentick History and Chronicle , That the Realm of England is an Empire , That its Crown is an Imperial one , That therefore their King is furnish'd by the goodness of Almighty God , with an intire Power and Prerogative , to render and yield Justice to all manner of Folk , in all Causes , and Contentions : This by solemn Act is declared of their King , this Excludes the People from Judging of themselves , much more their Soveraigns : This the Resolution of a popular Parliament they would make even the Supream ; and this by them resolved , even in Opposition to that Popery , these Panick Fools so much , and so vainly fear . Do not the Books , the best Declarations of the Law , let us understand , that which they against the Resolutions of all the Law it self , would so foolishly maintain , that it was resolved in Edward the 4th's time , That the King cannot be said to do any wrong , and then surely can't be Judg'd , by his very People for doing it , when impossible to be done ? and was not this the Sense of † all the Judges and Serjeants of the time , to whose Opinion it was submitted ? was it not upon the same Reason , a Resolution of the Law in Edward the 4th's time , that because the Soveraign could not be said to injure any Subject ; therefore the Law never looks upon him as a disseisor , a disposesser of any Man 's Right ? and all the remedy it will allow you , is only Plaint and Petition . Does not my Lord Coke himself , that in several places is none of the greatest Assertor of the Right of the Soveraign , fairly tell us , * least it should be vainly fear'd they should reflect upon the King 's own Misgovernment , all the fault should rest upon the Officers and Ministers of his Justice . Does it not appear from the ‖ Statutes of Edward the third , that notwithstanding the strict Provision of the Charter , for the Tryal by Peers , that the King was still look'd upon as a Judge with his Council and Officers to receive Plaints , and decide Suggestions ; and tho , that , and the subsequent of the next year provide against false ones ; yet it confirms still the power of the King , to hear and determine them whether false or true ? Have they not heretofore answered , touching Freehold , even before their King and Council ; and a Parliament only Petition'd their Soveraign with all Submission , that the Subject might not be summon'd for the future , by a Chancery Writ , or Privy Seal to such an Appearance ; but this they 'll say , was the result of the Soveraigns Usurpations upon the Laws of the Land , of a King Richard the 2d . That did deserve to be deposed , as well as the Articles of his Depositions to be read : † a King that forfeited the executive Power of his Militia , for prefering worthless People , and was himself of little worth ; or as the most Licentious , and Lewdest Libel of a longer date has it : † a King that found Fuel for his Lust in all Lewd and uncivil Courses : Now tho we have the Authority of the best of our Historians , for the good Qualities of this Excellent , tho but an unhappy Prince ; and who could never have fell so unfortunately , had his Subjects served him more faithfully ; tho Mr. Hollinshed tells us , never any Prince was more unthankfully used , never Commons in greater wealth , never Nobles more cherish'd , or the Church less wrong'd ; and as Mr. How has it , in Beauty , Bounty , and Liberality , he surpassed all his Predecessors ; and Baker , the best among our Moderns says , there were aparent in him a great many good Inclinations that he was only abused in his Youth : but if he had been Guilty afterward in his riper Age of some proceedings these Republicans had reason to reproach , I am sure he was Innocent of those foolish Innuendo's those false and frivolous Accusations , for which they rejected him , viz. for unworthiness , and insufficiency , when he never appear'd in all his Reign more worthy of the Government , than at the very time they deposed him , for being unworthy to Govern. But whatever were the vices of that Prince , with which our virulent Antimonarchists , would blast and blemish his Memory ; yet we see from the President that is cited , the Sense of his Subjects did not then savor so much of Sedition , as insolently to demand it , for their Privilege and Birth-right , which without doubt , they might have pretended to call so , as much as any of those , the Commons have since several times so clamored for with Tumult and Insurrection ; and was indeed more to be condemn'd , than any of those Miscarriages , the Seditious and Trayterous Assembly , that deposed the same Prince , did ever Object ; for if their Free-hold can't be call'd their Birth-Right , then there 's hardly any thing of Right , to which they can be born : And yet we see , that the King and his Council , had heretofore Cognizance even of that , as it appears from the Commons Petitioning him against it , and his Answer , which was , That tho he would remand them to the Tryal of their Right by the Law , and not require them there to answer peremptorily ; yet he did reserve the power , at the suit of the Party to Judge it , where by Reason of Maintenance , or the like , the Common Law , could not have its Course ; then we may conclude , that the judicial power was absolutely in the King ; and this was also at a time , when this Richard the 2d . was but a Minor , no more than thirteen years old , and so this his Answer , without doubt by the Advice of the wisest of his Council , and the most learned of the Land. And for this reason ; ( notwithstanding it is provided by that Chapter of the Great * Charter , none shall be Diseised of his Fre hold but by Lawful Judgment of his Peers ; tho the Right was tryed before that sort of Statute , by common Law as my Lord ‖ Coke observ's upon it ; by the verdict of 12 Peers , or equal men , ) yet still I look upon the King to remain sole Judge in every Case whether Civil or Criminal ; for these Peers are never allow'd to try any more than bare matter of Fact , and the Soveraign always presides in his Justices to decide matter of Equity and Law : And those † very Laws to which he gives Life too ; and whose Ambiguities he resolves , themselves also sufficiently terrifie the Jurors from pretending to give their own Resolutions , by making them liable to the severe Judgment of an Attaint , if their Verdict be found false , ( i.e. ) to have their Goods , Chattels , Lands , and Tenements forfeited , their Wives and Children turn'd from their home , and their Houses Levell'd ; and their Trees pluckt up by the Roots ; and their Pastures turn'd up with the Plough , and their Bodies Imprison'd : A sort of severity sufficient one would think to frighten the Subject from assuming to himself to decide the judicial part of the Laws ; and for this Reason , in all dubious Cases , for fear of their bringing in a verdict False ; they only find the Fact specially , and leave the determination of it to the King in the Judges that represent him . And as this was resolved for Legal , even from the Common Usage and Custom of the Land ; confirm'd as you see by several Acts of Parliament ; so was it maintain'd also by those very Villains that had subverted the Government it self , and violated all the Fundamental Laws of all the Land ; for when Lilburn , a Levelling , and discontented Officer , a Lieutenant of Oliver's Army , was put upon his * Tryal for Treason , only for Scribling against the Usurpation for which he had fought ; and as he boasted to the Bench , to the very butt end of his Musket ; against his Majesty at the Battel of Brainford ; and the mutinous wretch only Troubled and Disgusted because he had not a greater share in that Usurp'd Power ; for which he had hazarded his Life , and Fortune , when he came to be pinch'd too , with that Commission of High Court of Justice , himself had help'd up for the Murdering of his Soveraign , and his best of Subjects ; no Plea would serve him , but this popular one , which the Lieutenant laboured in most mightily ; that his Jury were by the Law , the Judges of that Law , as well as Fact ; and those that sate on the Bench , only Pronouncers of the Sentence , ( and truly considering they were as much Traytors by Law , as the Prisoner at the Bar ; he was so far in the Right , that his Jury were as much Judges as those Commissioners that sate at the Bench : ) yet even that Court only of Commission'd Traytors , and Authoriz'd Rebels , thought good to over-rule him in that point , and Iermin one of the Justices , just as Senseless in his Expression of it , as Unjust and Seditious in the Usurpation of such a Seat in Judicature , when no King to Commission him ; In an uncouth , and clumsie Phrase , calls his Opinion of the Juries , being Judges of Law , A Damnable Blasphemous Heresie , never heard in the Nation before ; and says , 'T is enough to destroy all the Law of the Land ; and that the Judges have interpreted it , ever since there was Laws in England ; and Keeble , another of the Common-wealth-Commissioners , told him , 'T was as gross an error , as possible any Man could be guilty off ; and so all the Judges even of a power absolutely Usurp'd , and wherein they profest so much the Peoples Privilege , over-rul'd the Prisoner in his popular Plea. 'T is true , Littleton , as Lilburn observ'd to them , in one of his Sections , says , That an inquest as they may give their Verdict at large , and special , so if they 'll take upon them the knowledge of the Law , they may also give it general : But the Comment of Coke , their own Oracle , upon the place , confirms the Suggestion I have made of Resolving it into the King's Judges : For he says , 't is dangerous to pretend to it , because if they mistake it , they run in danger of this Attaint ; and tho the fam'd Attorney General of those times , with his little Law , was so senseless as to allow it to Lilburn in the beginning of his Tryal ; tho at another at Reading , in that time of Rebellion , they made the Jury to be covered in the Court upon that account ; yet you see those even then the Justices of the Land , tho but mere Ministers of a most unjust Usurpation , would not let it pass for Law : And the Refutation of this false Position , is so far pertinent to our present purpose , as it relates to prove the Peoples being so far from being qualified to be their Kings Judges , that they can not absolutely Judge of the mere Right of a meum and tuum among themselves . Several other Instances , both the Books & Rolls abound with , that Evidence our Kings the only Judges of the Law in all Causes and over all Persons , for in the 13th . year of the same † Richard the Second , the Commons Petition'd again the King , that his Council might not make any Ordinance against the Common Law ; and the King Graciously granted them ; but with a salvo to the Regalities of the Crown and the right of his Ancestors . The Court of Star Chamber , which the worst of times Abolish'd , and my Lord Coke makes almost the † best of Courts , had heretofore Cognizance of property , and determin'd a Controversie , touching Lands contain'd in the Covenants of a Joynture , as appears in the Case of the Audleys , Rot. Claus. 41. Edward the 3d. There the King heard too a Cause against one Sir Hugh Hastings , for with-holding part of the Living of the poor of St. Leonard in York , as is Evident from the Roll. 8. Edward 4. p. 3. And tho the Proceedings of this Court , were so much decryed by those that clamor'd so long for its Suppression , till they left no Court of Justice in the Land , unless it were that of Blood and Rebellion , their High one ; tho the King in his giving year was so gracious , that he made the very Standard , and rule of his Concessions , to be the very request of his People , and gratified them in an Abolition of this Court , establish'd by the Common-law ‖ and confirm'd afterward , per † Act of Parliament ; yet ‖ Cambden , our Historian , as well as our Coke , our Lawyer , could commend it for the most Honorable , as well as the most Ancient of all our Judicatories ; and if they 'll have the Reason , Why it treated of Matters so high , as the Resolution even of Common-Law , and the Statute , it may be told them in the weighty Words of their own Oracle ; Because the King in Judgement of Law , as in the rest , also was always in that Court , and that therefore it did not meddle with Matters of ordinary Moment , least the dignity of it should be debased , and made contemptible ; and tho by the gracious consent , or rather an extorted Act of Grace , the late King was forc'd to forego it ; yet the Proceedings of some Cases there , may serve to show what a power our Kings had , and ought to have in all manner of distributive Justice . Several other Citations I could here set down , to prove the Subjection of the very Common-Law , to the Soveraign Power ; as Henry the Sixth superseding a Criminal Process , and staying an Arraignment for Felony : Henry the Seventh's that debar'd the Beckets by decree , from pursuing their suit for Lands , because the merits of the Cause had been heard by the King his Predecessor , and also by himself before ; but these will abundantly suffice to satisfy any sober Person that does not set himself against all assertors of his Soveraigns Supremacy . And then if Custom , and Common Usage , which Plowden in his Commentaries , is pleased to call the Common-Law ; lies in many Cases Subject to the Resolution of the Supream Soveraign ; no doubt but the Statute , the result of his own ‖ Sanction , must of necessity submit , and acknowledge a subjection to the same Power , and that I think we have sufficiently prov'd already upon several occasions , both from the Letter of the Laws themselves , and our little light of Reason ; both from Arguments , and † Laws that have evidenc'd their own Resolutions to be reserv'd to the King ; and that we had Kings long before fore the Commons Commenc'd , Conven'd ' or Concur'd in their assent to such Laws . 'T is prodigiously strange to me , that these mighty Maintainers of the Peoples Legislative , and their Judicial Power , eeven over their own Soveraigns , cannot be guided by those very Laws they would have to govern their Kings , thus you shall see a Needham , a Nevil , or a Sidney amongst our selves , in all their Laborious Libels , that the drudges of Sedition ( who seem to verify the Sacred Text , in drawing Sin it self with a Cart-Rope , ) in all that they tugg , toil and labour in ; you 〈◊〉 see that they cite you so much as a single Statute on their side ; or if they do , only such an one as is either Impertinently apply'd , or as Industriously perverted : And in the same sort does the Seditious Scot , Buchanan , and the rest of the Books of their discontented Demagogues ) ; that ‖ Northern Mischief , that threaten'd us always with a Proverbial Omen , till averted of late by the Loyalty of their latter Parliaments , that have aton'd even for the last age and the persidiousness , and Faction of the former ) those all in their Libels , hardly Name you so much as one single Law of their Nation , to countenance the Popular Paradox , the pleasing Principle of the Peoples Supremacy ; which the poor Souls , when prescrib'd by those Mountebanks of the State , must take too like a Common Pill ; only because 't is gilded with the pleasant Insinuations of Natural Freedom , Free-State , Subjection of the Soveraign , Power of the People , and all the dangerous Delusions that lead them directly to the designs of these devilish Republicans ( i.e. ) a damnable Rebelion ; whereas would they but submit their Senses to the Sanctions of the Laws of their several Lands , their Libels they would find to be best baffl'd by the Statute Books , as well as their Authors to be punisht by them , for their Publication . 'T is strange , that should not obtain in this Controversy , which prevails in all polemical disputes , that is , some certain Maxims and Aphorisms , Postulates and Theorems not to be disputed ; these determin our Reason even in Philosophy and the Mathematicks ; and why should not the Laws then in Politicks too , and where they are positive ? sure 't is Impudence , as well as Capital perhaps to oppose . And yet we see these Gentlemen , of so little Law , to Labour so much in a dispute that is only to be decided by it ; what Authority is the singular assertion of a Republican , or a * Plato Redivivus , that the House of Commons is the only part of the old Constitution of Parliament that is left us ; or the single sense of ‖ Mr. Sidney , that the Senate of England is above its Soveraign ; against the form of the very first Act of State that remains upon Record , the very † Charter these Democraticks adore ; against the form of the following one of the Forest , and Consult but the Style of the Statute Book , and all the Antient Acts , down to Richard the Second , and you 'll find not so much as one , but what expressly points out in its Enacting part , the sole power of the Soveraign by which it was Enacted ; all in these repeated Expressions of Absolute Majesty . We the Kings of England of our free will have given and granted ; it is our Royal Will and Pleasure , the King Commands , the Kings Wills ; our Lord the King has establisht , the Lord the King hath ordain'd . And most of them made in the manner of Edicts , or Proclamations , as in the Margin will appear , and tho 't is thought now such a piece of Illegality to be concluded by an Order of Council ; and even his Majesties late command for the Continuance of the Tunnage , and the Resolution of the Judges about that part of the Excise which expir'd ; has by some of our murmurers been repin'd at , tho by all Loyal ones it was as chearfully assented to ; and as punctually paid ; yet they shall see that the People heretofore paid , such a deference even to an Edict of the Prince that they nearly rely'd as much upon it as the Romans did upon their Imperial Institutions ; who as I before shew'd , lookt upon it as a crime like to Sacrilege but to disobey . And this will appear from an † Act of Parliament in Henry the Eighth's time ; which provided ; that the Princes Proclamations should not be contemned by such obstinate Persons , and oppos'd by the willfullness of froward Subjects that don't consider what a King by his Royal Power may do ; and all that disobey'd were to be punisht according to the Penalty exprest in the Proclamation ; and if any should depart the Realm , to decline answering for his Contumacy and Contempt , he was to be adjudg'd a Traytor ; and tho the Statute limited it to such as did not extend to the Prejudice of Inheritance , Liberties or Life ; yet the King was left , the Judge , Whether they were Prejudicial or not ; and these Kings Edicts by this very Act were by particular Clause made as binding , as if they had been all Acts of Parliaments ; and that it may not be said to be an Inconsiderate and Vnadvised deed of the Parliament , to give the King such a Power ; ( tho 't is hard to say so of a Senate , whom the * writ that convokes them says , they are call'd to deliberate . ) To avoid that imputation , I must tell them it was very Solemnly a Second time Confirm'd again , within three † years after ; and by that Power given to nine of the Kings Council , to give Judgment against 〈◊〉 Offenders of the former , and 〈◊〉 this was repeal'd in the following 〈◊〉 of King ‖ Edward a Minor , and almost a Child , A time ( wherein not withstanding there is such a woe denounc'd against a People that have such a King ; ) the Subjects seldom fail of Invading something of the Prerogative ; yet still we see tho the Law be not now in 〈◊〉 , plain matter of Fact , that there was 〈◊〉 such a Law ; that our Kings 〈◊〉 were once by express words of the Statute made as valid as the very Act of State it self that made them so ; that the Judicial Power of the Prince was 〈◊〉 less limited , and that 〈◊〉 Libels lye , as well as their 〈◊〉 Tongues when they tell us , and would have us believe , That 〈◊〉 but our late King as well as the present 〈◊〉 pretended to so much of Prerogative , or had more allow'd them by the Laws . And let any one but leisurably examine , as I have particularly , the several Acts of each King's Reign ; and he 'll find that from this Richard the Second , to whose time , the Stile of the Statutes as you see was in a manner absolutely Majestick down to King Charles the Martyr , even all those are 〈◊〉 in such Words ; as will 〈◊〉 the Commons 〈◊〉 being 〈◊〉 , and so much concerned in the Legislative , as these popular 〈◊〉 have 〈◊〉 to persuade us their People are ; for even they all run either in 〈◊〉 〈◊〉 , The * King with the 〈◊〉 〈◊〉 〈◊〉 of his Lords Spiritual , and 〈◊〉 , at the special Instance , and 〈◊〉 of the Commons ; or The 〈◊〉 by and with the Assent of his Lords Spiritual , 〈◊〉 , and Commons ; and as if the past Parliaments , 〈◊〉 would have provided against the 〈◊〉 〈◊〉 of a 〈◊〉 Age , which they could hardly be thought to 〈◊〉 , since it savors so much of almost 〈◊〉 〈◊〉 and Sedition , as if 〈◊〉 Anoestors , had feared least some of their prostigate posterity , seduced with the Corruptions of a Rebellious Age , should impose upon the Prerogative of the Crown , with any such Subtil 〈◊〉 of their King 's making but one of the three States , and by Consequence conclude , as they actually did , that the two being greater than him 〈◊〉 , could be his Judges , and their own Soveraign's Superiors ; why to prevent these very Rebels and Republicans , in such Factious Inferences , did they , for two hundred years agon , in the first of Richard the Third , Resolve what was signified by the three Estates of the Realm : For say they , That is to say , the Lords Spiritual , Temporal , and Commons ; and even long fince that , much more lately , but in the Reign of Queen Elizabeth , in that Act of Recognition of her Right , where they endeavor to advance her Royalty as much as possible they can , and to make the Crown of this Realm as much Imperial , there they tell her , 'T is WEE , your Majesties most faithful , and Obedient Subjects , that represent the THREE ESTATES of your Realm of England ; and therefore in King James , and Charles the First 's time , when the Commons began to be mutinous , and encroach upon the Crown ; then they having with the help of their numerous Lawyers , which were once by particular Act , excluded the House ; and if less had Sate in it , perhaps it might have been once less Rebellious too ; ) those Gentlemen knowing too well the weight of Words ; and what Construction and Sense , Sedition and Sophistry can deduct from a single Syllable , I am confident it was they contriv'd the Matter and Mcthod so , as to foist in the Factious form of this ; Be it enacted by the King , Lords and Commons ; for that is the General Stile of the Enactive part of most of the Statutes of those Times ; and this was most agreeable with their mighty Notion , of his Majesties making but up one of the THREE ; that so they might the better conclude , from the very Letter of their own Laws , That the TWO States which the Law it self implyed now to be Co-ordinate , must be mightier , and have a Power over their King whom the same Laws confest to be but ONE ; and the Reason why the forms of their Bill . and the draught of the Lawyers , and the Lower-House , might be past into Act , without any Alteration or Amendments of this Clause , was , I believe , from a want of Apprehension that there ever could be such designing Knaves , as to put it in to that Intention , or such Factious Fools , as to have inferred from it , the Commons Co-ordinacy : For the Nobility , and Loyal Gentry , that 〈◊〉 commonly the more Honesty for having the less Law , cannot be presumed so soon to comprehend what Construction can be drawn from the Letter of it by the laborious cavil of a Litigious Lawyer , or a cunning Knave ; and therefore we find , that those Acts are the least controverted , that have the fewest Words , and that among all the multiplicity of Expressions , that at present is provided by themselves , that have commonly the drawing of our Statutes ; themselves also still discover as many Objections against it , to furnish them with an Argument for the Merits of any Cause , and the Defence of the Right of their Clyent , at the same time they are satisfied he is in the wrong : And for those Enacting forms of our Statutes , whatsoever Sense some may think these Suggestions of mine may want ; That some Seditious Persons got most of them to run in so low , so popular a Stile in the latter end of King James , and Charles the first 's time ; such as Enacted only by the Authority of the Parliament , by the Kings Majesty , Lords and Commons ; yet upon the Restauration of Charles the Second , the Words , With the consent of the Lords and Commons , were again reviv'd ; and afterward they bring it into this old agen , With the Advice and Assent of Lords Spiritual , Temporal , and Commons , according to the form of Richard the 3d. and Queen Elizabeth , that resolv'd them to be the THREE STATES , and this runs on through all the Acts of his Reign , and even in several of them the Commons humbly beseech the King , that it may be so enacted . I thought it necessary to bring home to our present , tho most profligate time , as much Acknowledgement as possible I could of my Kings Prerogative , from the Laws of our Land , and the very Statutes themselves , because that some great Advocates for the power of the People , some times pretend to plead for them too from Acts of Parliaments , tho I think in this last , lewd and Libellous Contest against the Crown , that lasted for about five year , in that Lustrum of Treason ; there was but one that was so laboriously Seditious , so eminently popular , as to endeavour to prove the Peoples Supremacy from Rolls , and Records , and Acts of State , and for that recommend me to the good Author of the Right of the Commons Asserted , tho I should rather approve of such an undertaking , when endeavored to be done from the tracing the dark and obscure tracts of Antiquity , and the Authority of a Selden , than the single Assertion of a Sidney , and the mere Maxims of some Modern Democraticks , that have no other Foundation for their Establishments , than the new Notions of their Rebellious Authors , and that ipse dixit of such Seditious Dogmatists : But I am satisfied too , that this Gentleman who has laboured so much in vindicating the Commons Antiquity , and their constituting an essential part of our Saxon Parliaments , did design in it much more an Opposition of our Antient Monarchy , and the Prerogative of the Crown , than a mere clearing the dark foot-steps of our Old Chronicle , and a real defence of Matter of Fact , and the Truth : And this is too clearly to be prov'd from the pestilent Pen-man's , P-tyts own Papers , that were publish'd at such a time , when there was no great need of such an Asserting the Commons Right , when themselves were more likely to have Usurp'd upon the Crown , and ( as Mr. Sidney and his Associates would have it , ) made themselves and the People Judges of their own wrong : For to see such a task undertaken at a time , when we are since satisfied such dangerous designs were a-foot , looks only like a particular part of that general Plot and Conspiracy that has been since discovered , and that all sorts of Pens were imployed , as well as all Heads , Hearts , and Hands at work , for the carrying on Mr. Sidney's OLD CAVSE , ( as indeed all this Gentlemans Works tended to , ) for which the Almighty was supposed so often to have declared and signaliz'd himself : and illustrates only this , That there was not any Person qualified for undermining of our Monarchy , either from his Wit or Parts , Boldness or Courage , from his Virulency in Satyr , or his Knowledge in History , from his skill in any Science , or Profession , but what some or other of the most eminent was made Serviceable to this Faction , and contributed his Talent to the carrying on the Design , according to the gift and graces that they had in their several Abilities to promote it ; neither can this Gentleman think himself libell'd in this Accusation , unless he would give his own works the Lye ; for who but him that had such a Design for the subverting our Monarchy , would , at a season when the Succession of our Crown was struck at in the Commons Vote ; a Succession that several Laws of our Land have declared to be Hereditary even by that of God ? who but one so Seditious , would not only have encouraged such unwarrantable Proceedings ( which was the late Kings own Words for 't ) in such an Assertion of the Commons Right ? but in that too brought upon the Stage several Arguments from our History , several Presidents of our Soveraign's being here Elected by their Subjects , when they might as well too tell us , That our present Soveraign was so chosen , because the Question was put to the People upon his Coronation ; but yet this elective Kingdom of ours , did this Laborious drudg of Sedition drive at too . Does he not tell us William Rufus , and several others were Elected , that is , Henry the First , King Stephen , King John ; tho I am satisfied , that consent of the Clergy and People , they so much rely upon , was nothing more than the Convention of those Persons that appeared upon the solemn Coronation , or at least , the Proclaiming of the King. Themselves are satisfied all our old Statutes clearly confirm'd the sole Legislative Power of the Prince , and therefore they won't , when they are objected to them , allow them to be Statutes at all , because made I suppose only by their King ; but so my Lord Coke says , they said of the Statute of Edward the First , which notwithstanding he calls an Act of Parliament ; but yet however we see that the Style of all other Acts of Parliament , put all the enacting part in the power of the King , so that Mr. Sidney's making his People and Parliament the Supream Judges of their Kings violating the Laws , is only a Position that opposes every Act in the Statute Book , from the Great CHARTER , to the last grant of our late King CHARLES . But our Author Triumph'd , as he thought , over his Adversaries in forcing back their own Argument upon his Foes ; for says Mr. Sidney , if no man must be Judge because he is party , then neither the King , and then no man can be try'd for an Offence against him , or the Law ; I confess with such a sort of disputants as are resolv'd to beg the Question ; and take their Premisses for principles of eternal truth , you cannot avoid the Conclusion , tho it be the greatest Paradox , and an absolute Lye ; for he presumes the Parity of Reason , and then concludes they are both alike Reasonable ; he takes it for granted , the People may judge the King tho party , as well as the King the People , who must be suppos'd as much partial ; and that is truly just as if he had said , when we believe as they do , and what then ? Why then we shall be of their mind , ( i.e. ) that it would follow the King or his Judges , could not hang a Fellow for Fellony , or this Author himself for a Traytor to the State : Nay more , as the Gentleman has manag'd the matter , it is made an Argument à Fortiori ; for he supposes the Absurdity to be such ; that if the King in his own Case must Judge the People , and not the People the King in theirs , that this Contradictory Consequence would be as much conclusive ; That the Servant entertain'd by the Master must Judge him ; but the Master by no means must the Servant ; or in the Metaphor of his own more Blasphemous Sedition , The Creature is no way bound to its Creator , but the Creator it self to the thing it has Created : and now all is out , and all the large Volume , all his mighty Treatise , not to be finisht in many years , is founded upon that first Principle of all Republicans ; The Peoples Supremacy , or as Mr. * Sidney says , the Soveraign being but a Servant to his Subjects ; a Creature to these God Almightys of the People the Creators of their King ; truly this they are resolv'd we shall grant ; or as resolutely suppose we cannot Contradict , and so put upon us their presumptive absurdities for our own ; and make them the Consequence of those Concessions that were never yeilded ; who taught this Gentleman , who granted him that the Magistrate was the Peoples Creature , but a Brutus in his Vindiciae , or that as a bominable a Book De ‖ jure Magistratuum ? and for this must it follow that Filmer is so absurd , only because he does not suppose the very pernicious principles of those very Rebels and Republicans he endeavours to refute ? It is an easy sort of a Conquest , and you may soon prove your Foes to be Fools too ; if you 'll oblige them to maintain their own positions , from the Contradictory Maxims of their Enemies they oppose ; and this Collonel that once was a Souldier , and in Arms for his Common-wealth ; as well as a Polemical pen man against the Monarchy , would soon have remain'd sole Master of the Field ; had the Measures of his Foe been forc't to be taken from the Rules and Maxims of the Enemy which he fought ; and many would think the Man a little mad , that could imagine two Armies that faced in their Fronts , to meet so as to stand upon the same ground . It can't be well effected without a penetration of body , neither can Mr. Sidney conclude us in that absurdity , unless he would make us mingle Principles ; a thing perhaps as repugnant to our Nature , as that praeternatural Coition of Matter ; for have we not all the Laws of our Land on our side ? and that besides Sense and Reason , to whose determin'd sanctions even those themselves must submit ; for I look upon our Argumentative reasoning in such matters to be somewhat like Belief ; which all our Learned in the Metaphysicks will allow to determine it self upon demonstration , and Commences knowledg'd ; and a science ; and so must our Positions at last in the Politicks , no longer pass for indifferent Notions or disputable Opinions , when they come once to be ratified by some supream Establishment , or unquestionable Authority ; for as the result of demonstration is some Theorem or Postulate , that requires our assent , so are the Sanctions of the Supream power some Statutes , or Laws that Command our Obedience ; as the one is prov'd , so the other Enacted , and let any one Judge from the several we have cited , or any single Act themselves can cite , whether all and every one do not expressly assert , or absolutely imply , the Soveraign so far from being the Servant of the Subject , or the Peoples Creature , that they many times maintain him to be ‖ under none but God ; and in all places acknowledge him above all the People ; and is not the absurdity on their side , and a Contradiction even in Terms , when they contend for the contrary ? And as that Author , of the Right of the Magistrate , and the like writings of the most Eminent Republicans led on and seduc'd Mr. S. in some Points ; so has also so his predecessor , or Co-eval ( for I think they liv'd in an Age ) W. Pryn , imposed upon him in others ; and I am sorry to see Mr. S. that valu'd himself upon his parts to rely upon that which that pest of the press plac'd so much confidence in , and that are the words of * Bracton , where he says , as Mr. S. would have it , God the Law and the Parliament are the Kings three Superiors : But even Pryn himself , the perverter of all that was not for his purpose , does not deal so disingeniously as this Gentleman in the Case ; for he recites it more Exactly as it is in Bracton , which is , the Kings Court instead of the Parliament , which in the time that Antient Author writ , very probably consisted only of his prelates and Lords ; so that if granted them , Pryn's Commons , and Mr. S. his People of England , are not comprehended in the words of that old writer , and then besides it is the opinion of some , that those words the Laws , and the Kings Courts ; were not originally in the writings of that Loyal Lawyer , who in several other places of his works , carries up the Divine Right of his King , and that absolute Power of his Prince , as high as any of the most Modern whom ‖ Mr. Hunt has represented and libell'd , as first introducers of this new Notion , this dangerous , and damnable Doctrine ; for that grave Judge for above 4 or 5 hundred years agon ; told us our † King was under none but God ; that he had none above him but God , and that he had God alone for his Avenger ; and it seems somewhat Improbable a person of his Loyalty and Judgment should not only detract from the Supremacy of his Soveraign , which he seems so much to maintain , but also in direct opposition to what himself had asserted , and besides were they the sense as well as the words of that Author , they are only true ( as I have before shown ) when they are taken collectively & in a complicated Sentence , and so seems a sort of Sophistry which the Logical heads call a fallacy in Composition : But yet from that does Mr. S. conclude , That the power is Originally in the People , and so by Consequence in the Parliament , only as they are their Representatives . For my part , I cannot Imagine this Gentleman's large Treatise to be any thing else but a Voluminous Collection , of all the Rebellious Arguments that were publisht in our late War ; for as in this little fiftieth part of it , ( as he professes it to be ) there is not one new Notion but what is to a Syllable the same with the Papers of Pryn , and the Merc. Politicus : out of the Author of the Treatise of Monarchy , has he made a shift to borrow , or else by chance very harmoniously to agree 〈◊〉 the pernicious Position , That our Monarchy is not only Limited and Mixt ; ( for that wont content them alone ) but that this Limitation has oblig'd the Soveraign to be Subject to the Judgment and Determination of Parliament , for says that more Antient Antimonarchist , this Limitation being from some body else , and the power confer'd by the publick Society , in the Original Constitution of the Government , ( and then he bethinks himself that Kings too may Limit themselves afterward by their own Grants and Concessions ; which he is pleased to call a Secondary Original Constitution ( i. e. ) ( if my little Sense will let me Comprehend the saying of a Politician that has none at all ) somewhat like a Figure in Speech ; the Country-man calls his Bull ; us'd when the Speaker can't express himself Intelligibly : A Secondary Original , sounds not much unlike the Nonsense of an Original Copy ; or a second first , ) yet from this senseless Sophistry it must be concluded ; that the Soveraign being limited by this Original Constitution ; or as they call it ; After Condiscent , and Secondary Original ; what then ? therefore every Mans Conscience must acquit or Condemn the Acts of his Governour , and every man has a Power of Judging the Illegal deeds of his Monarch . And so Mr. S. in almost the same Language ; As a man he is Subject to the People that made him a King ; That he receiv'd the Crown upon condition , and That performance is to be exacted , and the Parliament Judges of the Particular Cases arising thereupon . I cannot but observe to this Gentleman upon this , ( who was always such a great admirer of the ‖ Romans Common-wealth ) what I hinted before was the Sense of the very Romans , when according to their own Notion of Original Monarchy ; the People of that Common-wealth , first conferr'd their Power of Government upon a single Soveraign ; why , their very Laws tell us , That notwithstanding those Contracts and Limitations , ( of which there were very likely some exprest even in that their very Celebrated , and Glorious * Law , that first made that Government Imperial , ) yet when once it 〈◊〉 so Conferr'd , by that very Act , all Magistracy ; ( i.e. ) all power of Judging that the Subject had before was past over too : And were our own Monarch by the Compact , and condiscent of his first Ancestors , such a precarious Prince as they would make him ; have not our own Statutes I have cited , long since resolv'd his Crown to be Independant , and himself accountable to none but God ? And then abstracting from that Advantage we have of the Resolution of the Law ; Reason it self , against which our Republicans rebell too , that also will refute the absurdity of such a Position ; For first , where for God's sake would they fix this their preposterous power of Judicial Process ? if in some single Persons , then the Concession of their own renowned Aphorism will fly in their Face ; for that allows the Soveraign to be much superior to any Selected number of his Subjects ; and they won't be such Senseless Sots sure , as to say , That those whom themselves acknowledge to be altogether inferior , should be invested with that Judicial Power , which is the highest token , and 〈◊〉 of Supremacy , if they 'll place it as Mr. Sidney forsooth does in the Original power of the People , delegated unto Parliament , then should that be granted them , when ever this Parliament is dissolv'd , if their King be never so great a Delinquent , ( for I think they may assoon make their King so , as they did foolishly those that followed him in the late Wars , when the word implies a Deserting , and the Law only calls them so that adhere to the King's Enemies , ) then I say , if their Soveraign be never so much a Criminal to the State , upon such a Dissolution , they devest themselves by their own Maxims of this power of Judicature , and so put it in the power of the Monarch , or the Prince at any time to blast all his Judges in a moment , and dissipate them all with the Breath of his Mouth ; and therefore Mr. Sidney was so wittily Seditious , as to foresee such a Consequence , and for that Reason very resolutely does deny what some of our more moderate Republicans will allow , That the King has a power of Assembling , and Dissolving a Parliament : But this piece of pernicious Paradox , a Position so false , that some of them themselves are asham'd to own , has been already refuted , and prov'd from the very Laws of the Land , to be an absolute Lye , but our Author having plac'd himself , and his People above the Law , tho ( it was his hard fate to fall under it ; and made the Subject Superior to those Sanctions , to which themselves acknowledge none to be so , but the Soveraign from whom they proceed , all the Satisfaction such a Person can receive from the Statutes , must be from something of Reason , that is , the result of them ; and 't is such an one as relates to their own Positions : For they say , therefore the Soveraign is obliged to submit to the Laws of the Land , because he accepted the Crown upon such an Obligation ; and shall it not , Seditious Souls ! be as good a Conclusion , To say the People have passed away the power of Assembling themselves , when they have passed their own Act for being by their King Assembled ? Then in the next place , if this Original power of this People be delegated to this Parliament , it would have been much to the purpose for some of them , to have shown us from whence this People had this Original Power : Certainly , if any , it must be deriv'd from God , Nature , or somewhat that 's Soveraign : But for the Almighty ; In all the sacred Texts , there 's not a syllable of such a Legacy left them , but abundance of the bequest of it that is made to Kings : For Nature , there is nothing from it more evident , than a whole series of Subordination , and that to single Soveraignty , ( setting aside even the paternal among Human Creatures , ) almost to be made out among Insects and Animals , Bees and Beasts . And if some King indulged this their People to appropriate to themselves all the Supream Power , ( which we never heard of any of ours that did ; or to participate part of their Prerogative , which we know many Indulgent ones of ours to their Parliaments have done , ) then still this their power can't be Original , because 't is derivative ; and I dare swear no Prince ever granted them a power of being Superiors , as they must be if they would Judge him , or ever accepted a Crown upon that Condition , supposing it were as they would have it , conferr'd : For the very Act of being such a Conditional King , would absolutely make him none at all ; and therefore those whom the Lacedaemonians compounded withal to be regulated by their Ephori , were in effect not so much as the Dictators of Rome , and so not to be reckon'd to Reign as Crown'd Heads , or mentioned among those that we call our Monarchs . In the third place , if by this Original power of the People , delegated to the Parliament , the two Houses are constituted the Judges of their King , I cannot see how Mr. Sidney could avoid , or any of his Associates can , this Grand Absurdity , and as great a Lye ; that the Parliament have a Natural Liberty , not only to Judge , but to lop off the Sacred Head of their Liege-Lord , and Soveraign : For 't is certain they can have no more Authority than the People they represent ; and 't is as certain they must have as much : Now this Original Power must be a Natural one , because not deriv'd from any grant ; and then this Parliament of theirs must have an Original Power by Nature , tho it be but to commit the most unnatural Barbarities : I confess we had such an one , that upon the same Principles proceeded to the perpetrating that most Execrable Treason , and the very Villany , that any time may be the Consequence of such Positions : A Parliament which this good Author presided in , or very well understood ; the Scandal of our own Nation , and the shame , and reproach of our Neighbors : now I say , If this his Original power of the People be delegated to this Parliament , as Mr. Sidney says it is , then this Parliament hath a Natural and Original Power of being their King's Judges , because their People has it whom they represent ; I confess this is a Bar beyond the Seditious Doctrine of their Author in his Right of Magistrates : For he is mighty sollicitous , least he should be misapprehended as if he design'd the common People should judge their Soveraign ; therefore tells us very carefully none but the subordinate Magistrates themselves can Judge the Supream ; and their Brutus , that succeeded that Assertor of Rebellion , says , such only as the Spartan Ephori , and the seventy of the Israelites , the Centurions , or Equestres among the Romans ; and if the People had any Right to this Judicial power , those Miscreants more modestly place it among the most eminent , whereas our brisker Assertor of this Anarchy makes it out , That therefore our more eminent Memberships have this Original Power , only because Communicated them from the meanest People ; so that now we have a Parliament , that has an Original , Natural , Liberty of the People , tho their very Constitution it self , commenc'd from the very Grant , Grace , and Favor of the King. I could never meet with any Record yet ; that rehearsed these Privileges of Parliament ; But we have many extant , and Presidents even of the House of Commons themselves , that their Privileges , and much of their Power proceeds from the Liberalities of their Prince , more than this Natural Liberty of the People ; not to mention , that their very being was first the result of such an Act of his Grace ; for from whom , pray , had they that freedom of Speech , they upon every Session desire by their Speaker , but from that King before whom they are to Speak ? who is it that fills their Chair , those that present him ; or the King , that accepts or disapproves whom they have presented ? who is it that gives them access to his Person ; the Commons that desire it , or he from whom 't is desir'd ? 2. Lastly , who impowers them to consent to a Bill ; those that supplicate his Majesty would be pleased to enact , or his Majesty that says , Be it enacted ? could this Natural Original power of the People be communicated to their Representatives , the dispute about the Commons Right would be carried for ever on their side ; and we need not date their Original from Henry the Third , or the Barons Wars , or from the Saxon Heptarchy it self ; to be sure they then had their Representatives ; assoon as they had this Power , and this Power it seems was assoon as they were a People : And by this Original Power , which they delegate , for ought I see they may by the same rule , as well retain it , suffer no Representatives at all , but assemble themselves , and exercise the Soveraignty . If the People delegate an Original power , and a Natural Liberty to this Parliament ; it cannot certainly be comprehended how these Parliaments as now constituted , could commence by the Grants and Concessions of the Prince ; and yet all will allow , tho they disagree in the time , that they did begin at first to be so Assembled by the Bounteous Permission of the King , and that all the Privileges they claim , were the result of an entire Favour of the Soveraign , and not the Original freedom of the Subject ; if they 'll call that an Original Power to send Representatives , it must be somewhat like that Author 's Secondary Original we so lately consider'd ; and that tho they prescribe to it for this seven hundred year , as well as they cannot for above four or five 100 , still it will recurr to this , That this first power was the Grant of the Crown . And these prescriptions as themselves allow , being whenever they begun , the result of the Soveraigns Bounteous Permission ; I cannot see why those Immunities may not be resign'd to the same Crown , from which they were once receiv'd , or those Franchises ( for prescription it self in this case is properly no more ) may not be Absolutely forfeited , by those that at best can but be said to hold them on Condition . I know the Common Law Favours a Prescription so far , as in Inheritances , to let it have the force of a Right , when their cannot be made out any other Title ; but this I look upon to be of another Nature , when the Original of what they prescribe too , by their own Concessions was the Grant of their King , and even this Common Law ; commonly in all its Customary Rules , excepts the Prerogative of the King ; nay this very Prerogative of his , by that very Law is allowed to be the Principal * part of it . I urge this because it is both apposite here , and a Case upon our late Elections much 〈◊〉 , and to say as some 〈◊〉 , That such a Prescription cannot be forfeited , proceeds from a confounding of the word in this Case , with that Prescription ; by which some of them have a Title to their Estate : for their Common Objection about this their Elective power is , That the King may as well deprive them of their Birth-right : when this their Birth right might commence by an Original Right , but the Power of this Electing must Necessarily , and Originally first come from the Crown : But yet they know too , that this their very Birth-right , is in many Cases forfeitable by their own Act to the Crown ; and for their Burgage it self , should we abstract from that Elective power that attends it , nothing else but an 〈◊〉 tenure of their very King. And if in the Saxons time ( as the popular advocates would persuade us , ) the Commons were call'd to sit in Parliament , 't is certain they could not come as Burgesses too , for all that Borhoe in their Toungue signified , ( if we can believe my Lord ‖ Coke ) and from which the word Burgh was since deriv'd : its signification was only this . Those ten Companies , or Families , that were one anothers pledge ; and so should they prove it to us as clear as the Sun , as well as they have left it much in the 〈◊〉 ; still those their Commons could never be of those that had any Right to come ; but only such as the Grace of the King should call : and even in Edward the first 's time , those very Barons , ( some say ) that were only most wise , were summon'd by the King , and their Sons , if they were not thought so prudent as their Fathers were not call'd to Parliament after their Fathers death . Therefore since Prescription , since Parliament it self depended all heretofore upon the pleasure of the Prince , I cannot see how the Subject shall ever be able to make it his Original Right , and tho some are so bold as to say , such a prescription cannot be forfeited or resign'd by the Subject , resum'd or restor'd to the Crown ; ( for they must maintain those propositions , or else they have no reason for their Murmering , since there has been none alter'd , or destroy'd ; but what has been by Inquiry of the Kings Quo Warranto , or their own Act of Resignation ) yet sure if the Common Law did not favour the King in this Case , Common Equity would , since those Priveleges were but the very Grant of his own Ancestors : But if we must consider nothing but Mr. Sidney's Original Power and Right , and all that lodg'd in his good People of England , it may be their Birth-right too to Rebel , they may and must Murder their Monarch , and that by their own Maxims , when they think him not fit to Govern , or Live. I have heard it often said , that the Members in Parliament represent the people , and for that Reason are call'd their Representatives , but if this Original Power which is delegated to them upon such a Representation ; must Subject their Soveraign , ( as Mr. S. will have it ; to these his Judges of the particular Cases arising upon such a Subjection ; ) then they must e'en represent their King too , and every Session of Parliament that he Summons ; is but an unhappy Solemnity , whom himself Assemblies for his own deposition : if such positions should obtain , 't is those that indeed would make the Monarch fearful of Parliaments , and not those idle Suggestions of Mr. ‖ Hunt ; that the Weekly Pamphlets were endeavouring to make him forego them , and it was this very opinion that promoted the last War , which he would not have so much as mention'd . Lastly , if this Original Power of the People be delegated to their Representatives ; this People that did so Communicate it , can at their pleasure * recall it , and exercise it themselves , for that is essential to the Nature of a Communicated Power ; for upon supposition of the peoples having such a Power , it would be of the same Nature that their Kings is ; ( for Power of Supremacy wherever it be lodg'd is still the same ; ) and you see that the Power which the King has is often Commission'd to the Judges in his several Courts of Justice ; and yet I cannot see , how his Majesty by Virtue of such a ‖ Commissionating of his Servants , does Exclude himself from the Administration of those Laws , that he has only allow'd others to Administer , or from a recalling of that power to himself which he has only delegated to another , for 't is a certain Maxim in reason ; that whatsoever Supream does empower others with his Authority , does still retain more than he does impart , tho I know 't is a Resolution in our * Law Books , that if any one would render himself to the Judgment of the King it would be ofnone effect ; because say they , all his power Judicial is Committed to others ; and yet even they , themselves will allow in many Cases their lies an Appeal to the King. But what ever was the Sense of my Lord 〈◊〉 in this point , who has none of the fewest Faults and failings , tho his Voluminous Tracts are the greatest ease and Ornament of the Law , his resolution here is not so agreeable to Common Equity and Reason ; therefore I say in reason it must follow , That Mr. Sid. people having but delegated their Power to the Parliament , still retain a power of concurring with , preventing , or revoking of that power they have given but in charge to their Representatives ; and if so , then they can call them to an Account for the ill exercise of that power they have intrusted them with ; set up some High Court of Justice again , ( for upon this very principle the last was erected ) not only for the Tryal of their King , but for hanging up every Representative that has abus'd them ( as they are always ready to think ) in the exercise of that Original power , with which he was by his Electors intrusted ; these sad Consequences which necessarily flow from this lewd Maxim , would make their house of Commons very thin ; and they would find but few Candidates so ready to spend their Fortunes in Borough Beer , only for the Representing of those that might hang them when they came home upon the least misrepresentation of their proceedings : and these sad suggestions of the sorrowful Case of such precarious representatives , are 〈◊〉 Consequences , from the very 〈◊〉 of our Republican , even in those very Arguments that he uses for the subjection of his King ; for if his King , 〈◊〉 man must be Subject to the Judgment 〈◊〉 his People that make him a King , 〈◊〉 he cannot be so Impudently 〈◊〉 but he must allow his Members of Parliament , that are much more made by them , by Continual Election , and 〈◊〉 very breath of their Mouth , 〈◊〉 be as 〈◊〉 accountable to their Makers ; for if 〈◊〉 should recur in this Case , as he has 〈◊〉 other refuge , to the Peoples having excluded themselves from this 〈◊〉 Power once in themselves , by conferring it on their Representatives ; 〈◊〉 farewel to the very Foundation of 〈◊〉 Babel they would Build and Establish then they fall even in the fate 〈◊〉 their aspiring Fore-fathers , fall by the confusion of their own Tongues , and like the rearers of that proud Pile ; 〈◊〉 would have reacht at Heaven and 〈◊〉 Almighty ; as these at his Anointed , and the Crown . For certainly by the same Reason that they cannot Judge and Punish 〈◊〉 whom they have Commission'd to represent them , because they have delegated and transferr'd to them their 〈◊〉 power ; by the same Argument , and that a fortiori , have they excluded themselves from their natural Power of being Judges of their King , because they have conferr'd upon him the SVPREAM . Neither can they help themselves here with their Imaginary and imply'd Conditions upon which Mr. Sidney says , our Soveraign must be supposed to have first accepted his Crown : For there never was any Representatives yet elected ; but as many Conditions and Obligations are implyed and supposed , and by the same Reason must be required and exacted ; such as the serving their Electors faithfully , the representing of their just grievances , the promoting the Interest , and profit of the place they serve for ; and if Mr. Sidneys good People must be Judges of the Violation of any of these Trusts , ( as they must by the Maxims of their own making ) then the Representatives , and the poor Parliament fare as bad , and fall in the common fate of their King , into the fearful Sentence of Mr. Sidney's own Words , That Performance will be exacted , and revenge taken by those they have betrayed . And for to show them that my Conclusions are grounded upon matter of Fact , as well as Sense , and Reason , and not like their lewd Arguments , upon nothing but some Factious Notions , and Seditious Opinions , I desire them to consider , whether they did not themselves find it so , in several Instances . In the year fourty seven Mr. Sidney's Original Power of the People ; in his own Sense , was in the Senate and Representatives of that which we since call the long Parliament ; but they having as Rebelliously , as well as impudently , put the Sword into the Peoples Hand , that had put their Original Power into the Parliaments , they found all that but a Complement , they soon saw what an insignificant sort of Representers they had made of themselves ; and that their stout Electors , for all their buying of their Burgesships with so much Bees , and Beer , would allow them to be no longer such , than they relish'd their Proceedings : For to these their Representatives , they send a more significant sort of a Representation , that of an Army , to tell them their good House must be purged of such Members , as for Delinquency , Corruption and abuse of the State ought not to sit in it : and to let them see that for all Mr. Sidneys delegated Power , they retain'd enough not only to revoke their Commissionated Authority , but to chastise those whom they had Authoriz'd ; They prefer an Impeachment of High-Treason against no less than eleven of their most eminent Legislators ; one of which , ( for such is the remarkable Visitation of Providence upon the Heads of Traytors , ) happen'd to be a Person , whom 〈◊〉 very King had impeach'd before ; and which nothing but their harder usage of their Hothams ; tho but the just Judgement upon such Perjur'd Heads , could so happily Parallel : For these Villains , when once dipt in a Treason against their King , never left it seems ; till they committed another of as deep a dye against the People ; they thought perhaps the forswearing their Allegiance might be expiated with a breach of Covenant , ( 〈◊〉 ) A single persidiousness , atton'd by being doubly Perjur'd , as if the breach of two Negative Oaths , like a brace of Negatives among the Latins , had affirm'd their Fidelity ; but this which is so remarkable , I could not but observe , because it will attone for the Digression , in shewing that the just God of Heaven ; as a more satisfactory Justice to their injur'd Soveraign , and a severer Judgment on such Seditious Subjects , had destin'd those Heads that were forfeited to their King to be sever'd from their Bodies by that People they had serv'd : But to return to those Rebels that made such pretty returns upon one another ; they were not only satisfied with threatning their Representatives with a re-assuming their Original Power ; but they actually did it in a Remonstrance of Rebellion against their Representers , as well as not long before in another against their King. For so closely did they pursue their Suffragans in the Senate , not only upbraiding them with ordinary 〈◊〉 , but fairly laying to their charge , Treason , Treachery , and breach of Trust ; neither would the bare charging them suffice , but they set up a Committee for Examinations ; which sent fairly one of the learn'd in our Law yet Living , to the Tower , whose Confinement was the less to be pitty'd , since the result of his serving them so much ; and several other Lords upon the same Charge of High-Treason were committed to the Black-Rod , who had they adhered more Loyally to their King , perhaps had never labored under this Tyranny of their Fellow Subjects : But Mr. Sidney's Original Power of the People carried them further yet : They draw up an Agreement as they call'd it , of the People , or rather an Union of Devils ; wherein it was resolved , they being weary of such 〈◊〉 : That the Sitting Parliament should be Dissolv'd : That there should be another manner of Distribution os Burrough's for better Elections ; and that the People from thenceforth were to be declared the Supream Power ; whereunto ; that , and all the future Representatives should be subordinate and accountable . And here I hope , I have proved it home with a Witness , from matter of Fact , as well as the force of Reason ; that Mr. Sidney's placing his Original Power in the People , made it impossible to be delegated to the Parliament any longer than just as the People pleas'd , that this Position made every Member of it dayly run the danger of his Head , and that upon his Foundation 't is impracticable for any State of Government to be establish'd : for to be sure , the People will seldom be any longer pleased with those Delegates themselves have empowred ; then while they want a Power to re-assume the same that they delegated , it would puzzle almost Arithmetick , and a good Accountant , to tell us how many Revolutions of Government , this confused Principle , of perfect Anarchy , coufounded us with all : This Original power was delegated as Mr. Sidney says , to the Parliament , and so it was indeed to the Long one in 49 : But there you see they pull it out of their Hands , and plac'd it in the Rump ; but that prov'd at last so unsavory , they could relish it no longer ; and so the Original Power forsooth is resolv'd into a Council of State , from that it runs into the confiding Men of Cromwells , and then at last Centers in the Usurper himself , so that in less than three quarters of a year , this Original Power of the People was delegated to three several sort of Representatives : I need not tell them how the People reassum'd it from his Son , and left it just no where , how the People retriev'd it again , and lost it they could not tell how , how they recovered it from the Committee , to whom it was lost , and then forc'd to leave it at last to him , from whom 't was first taken , their King : But this I hope is sufficient to satisfie any Soul , that this Supream Power when plac'd in the People , will be always resolv'd into that part of it , that has the Supream Strength : That this Maxim of Republicans , Rebels against the very Parliaments they so much admire : That it always ruins the very Collective Body of People , in which these Democraticks themselves would place it , and resolves it self into some single Persons , that by force or fraud can maintain it ; and this made Mr. Sidney tell us he call'd Oliver a Tyrant , and acted against him too ; well might he look upon him as a Usurper , that Usurpt upon their design'd Common-Wealth , as well as the Crown : I am much of his Mind , but it was far from the result of any Kindness to his King : He saw his Common-wealth could never be founded upon so false a bottom , no , not tho she had been his Darling , and Dutch built ; his beloved Low-Countries , laboring under a Magistracy , that Lords it with as much Power as that from which they were delivered ; For this his Original Power of the People must be as much delegated to those that govern there , as well as it is inherent in any sole Soveraign , that is the Governor ; neither are any besides the best of their Burghers admitted to Administration , so that even that State that comes nearest to a Common-wealth , is at last but a sort of Aristocracy , which their Harrington condems for worse than Monarchy it self : And I believe their Commons find the Impositions of their Burgo Masters as great and as grievous , as ever were the Gabels of Spain . So from what has been premis'd , this must be concluded , that since we see they can't punish , or Judge even their own Representatives , only their Suffragans in an house of Commons ; when they have delegated to them their Original power , ( which for once we 'l suppose them able to delegate ) much less shall they their Soveraign , tho they did , as they will have it , confer upon him the power that he has , for the Members of the lower House represent only the Commons of the Kingdom ; whereas the Soveraign is in some Sense the whole Kingdoms Representative . Since we have seen this Original Power of the People wheresoever it has been delegated to have created nothing but Usurpation and wrong ; where can this Power be better plac'd , but in the King that can alone pretend to a Right , and tho we are so unhappy , as to have presidents wherein they can prove to us that their Representatives were once call'd to an Account by the People that sent them ; that is so far from proving that they have a natural , or Original right so to do ; that it shows the danger of such a position that they may do it , and that when in the late Rebellion , they presum'd upon this their Right in Equity , they made it appear to be nothing else but the power of the Sword ; for in respect of a Right ; they are really so far from being able to censure their Representatives whom they send , that themselves are punishable for medling in those Parliamentary concerns with which they have enrusted others ; What force this has in the Case of their Commons ; holds a Fortiori in that of their King ? In the last place , give me leave to close this their Rebellious Argument of their Monarch being accountable to the Majesty of the people , with some few more Reasons against this Damnable Doctrine ; that has within the Memory of man , desolated and destroy'd three Kingdoms : A Doctrine that confounded us in the last , confus'd us in this ; and will be Condemn'd by all Ages : A Doctrine that places the Divine right in the People , and then indeed such an one as Mr. Hunt makes it , Impious , Sacrilegious * Treasonable , Destructive of Peace , Pregnant with Wars ; and what absolutely produc'd the Civil one of England , and Sacrific'd its Soveraign Head , to the Fury of an ‖ Headless Multitude . This Principle is the very Basis upon which all their Babel of Confusion , of a Common-wealth , of Anarchy ; is all Built and Establisht : And I shall never look upon it as loss , to have Labour'd in it so long , if we can at last but undermine its very Foundation : And that is laid even by the Libel of Mr. Sid. upon the Contract and Condition , upon which they 'll suppose he receiv'd the Crown , which he must be made to renounce , if he does not Perform when Accepted . And in answer to this we 'll suppose for once what the most Seditious Souls themselves can suggest , and that this part of the Rebellious position , abounds both with Sense , Truth , and Reason ; that our Kings have but a Conditional bargain of it , which indeed would be but a bad one too ; and such I dare Swear as the Greatness of our present Soveraigns Soul would hardly submit to , and if we 'll but believe his own word , as firm as fate , that never fail'd his Friends , and surely will not then be first violated for a debasing of himself , and a gratifying of his Foes , that has told us , or decreed , that he will not suffer his Government , and his Crown to be Precarious : And I am apt to think that he that stemn'd the Tide , the fierce influx of Blood and Rebellion , as well as without a Metaphor withstood the noise of many Waters ; and baffl'd the Billows of the main , will hardly , when Seated at last in a Peaceful Throne ; be regardless of it's ‖ Right and Prerogative , which even his meritorious sufferings have deserv'd , should we bate his Virtue , and Birth were not in the Ballance . And 't is much unlikely that he that kept his Grandeur when a Duke of York , should dwindle into that of Venice ; and that too , when a King of Great Britain : 'T is their Doeg I confess that accepts upon Condition , 't is their Duke with whom they do Contract , our Crown as I have shown has been resolv'd an Imperialone , from the Letter of its own Laws , and the very Statutes of the Land ; Theirs from the very Constitution it self Subject to the Senate , Ours from its Foundation RESOLVD not to be Precarious , as well as now too , from the Resolution of its Prince . But in answer to this position of our Republicans ; I shall depone this as a principle , that notwithstanding such a Contract upon Conferring the Supremacy , the same cannot be Dissolv'd even by the Consent of all those that Constituted it : I wont repeat to them , the Reason I have already urg'd from the * Royal Law of the Romans ; which one of their very Republicans says , was not without ‖ Condition , or Limitation ; which if so , then we see that both Augustus , for whose Establishment in the first true Imperial Throne of their Rebellious Rome that very Law was first founded , as also the Emperor Vespasian for whom it was again Confirm'd ; both these from all the Famous Historians of their Times , unless we 'll believe them , like the late Writers of the new Rome to be all Legends too ) both appear'd absolute in their power , unlimited in their Jurisdiction ; notwithstanding those Conditions they will have Exprest in that Law , neither did the People pretend to their deposition upon their Non performance : Julius himself that was not absolutely prefer'd to be the Royal Emperor , for he liv'd before that Law was made , yet was allowed such a perpetual Dictatorship ; as may be well resolv'd into what our Republicans reproach with their present Soveraign , an Arbitrary Power , And he too whom the Miscreant we before mention'd , says was ‖ justly Murdered ; and why ? only because he dignify'd himself too much ( as if it were a Crime for a King to be Great ) even he was not depos'd and dispatcht by the suffrages of the people ; but by a Perjur'd band of Conspirators and Assassinates in the Senate ; and whom the very people * too pursu'd for the Fact , and even ador'd their deceas'd Emperor tho Heathens , and their Empire was not Hereditary , to the shame of some of our good Christian Subjects that live under a Monarchy that is so , acquies'd more quietly under their oppressions of their Lawless Emperors , then some of ours under the good Government of their Gracious Kings , who as they have often promis'd , so have still Govern'd according to Law : The depositions and Barbarous Butcherys of some of the Roman Emperors , was never an Act of State , of the Citizens , or the people ; but the Force , and Fury of a Faction in the Army ; ( and 't is with that excuse I am sure our Presbyter with his good Excluded Members , would wipe his mouth of the Blood of his Soveraign ) for those were several times ‖ set up by the Souldiers ; and assoon pull'd to pieces by those that had plac'd them on the Throne , which effusion of Royal Blood was the clear effect of their not claiming it by an Absolute Inheritance of that Blood Royal , for those Adoptions they many times made , ware of little force against the salutations of a Legion , and the powers of the Field , and therefore * that Author when he says even those Caesars were Legally , and justly Condemn'd ) as if the Romans too , had once their High Court of Justice ) abuses the world both with a Factious infinuation , and in the very matter of Fact. In the next place , they must consider , that if there was such a Contract and Agreement among the People to accept of such an one for their King upon his performance of such Conditions ; ( 〈◊〉 I am sure his Deposition or Censure in our Kingdom were never formally annext to the Penalty of the Bond for his Non-performance ; neither can they show us in all their Charter of Liberties , such a Conditional License to Rebel ) yet yet still it must be supposed the consent of every individual Subject , ( which was somewhat difficult to be 〈◊〉 ) was required to such an Agreement , for upon the first Constitution of our Government , 't is certain we had no such Parliaments , wherein they could delegate their Suffrages to some few Representatives : and then by the same Reason we must have the Concurrence of all the particular Persons in the Land when we would Judg of the breach of that Covenant , upon which all their Ancestors were supposed to have accepted their King : And then I think from the Result of their own Seditious Reasoning our Soveraign may sit pretty safely , and he rule as Arbitrary as he pleases , when it must be carried against him with a true 〈◊〉 〈◊〉 , and not a single Subject left in the Land to befriend him with his Vote . For upon such a conferring off the Supream Power , it must be supposed that the several Subjects have bound themselves to one another , to suffer such an one to be their Soveraign , and made a contract too with one another in some such implied Sense , that A. confers his Right to Power and Government , upon B. as Supream Governor , upon Condition that C. does so too upon the same Person ( now to put it in the terms of our own Law ) the Subjects A. and C. here are both mutual Obligors , and Obligees to one another , and both Obligors to B. the Soveraign Obligee : Now 't is certain that A. cannot recal this power he has confer'd , on B. without the consent of C. his joint Obligor , but it must be with a breach of Covenant to his Fellow Subject , as well as of Faith , and contract to B. his Soveraign , and this mutual Obligation between two to a third , will extend as well to two Millions : And I hope we may make at length the terms of our Law plead Loyally , tho I 've heard an eminent Council at the Bar , ( but commonly for none of the best Clyents , ) Assert Loyalty to be nothing else but an adhering to the Letter of the Law , with this good 〈◊〉 , as if that would contradict the common Acceptation of the word among the Royalists , who make it to signifie an Asserting the King's Prerogative , whereas in their Law French , they would confine the word Loyalty to express nothing else but bare Legality : And be it so , I believe they 'll be but little the better for the quaintness of the Criticism ; for I dare avow that he that will be truly legal in their Sense , must be as heartily Loyal in ours , for nothing we see runs higher the Royal Prerogative , then that very Law by which they would run it down . But to come to the Nature of this political Contract , this Stipulation of Monarchy as they would make it , which will be better exprest in the Language of a Civilian , when the Subject it self is about Civil Government , and an Imperial Crown : In this Case rhere is also a Convention ( as they call it ) of : two Parties ; the Subject , and he that is to be the Soveraign ; one upon such a contract , stipulates to Govern , the other to 〈◊〉 Now in such Stipulations it is a receiv'd Rule , that no man stipulates but for himself ; and that there is no Obligation arises from any one 's promising another Mans Deed , so that every single Subject must in Person here ( as I've said ) have made such a Subjection to that Authority to which he submitted ; if this their Convention and Contract with their King can be supposed ; and then by the same Rule every man must in his proper Person come and retract his Obedience before this Right to Govern can be absolutely Dissolv'd , tho 't is the Opinion too of these sort of Lawyers , that what is promised by Subjects to the publick ( which in a Monarchy is always represented in the King , ) can't be revok'd by them , no not tho they have reason to repent of their promise ; and if this shall hold him , tho without any Consideration , or Cause , and tho it be but of a Gift to the publick use , much more then will it oblige him in his promised Faith , and Allegiance . But here in this Case , there is not only a Stipulation between the Soveraign and every Subject , but also between the several Subjects to one another ; for 't is a consent upon Condition among themselves , that this Man transfers his Power to some single Soveraign , because the rest have , does or design to do it , so that the Person upon whom the Supremacy is confer'd , is secured upon a double Obligation , both of that which is made among them all to themselves , and that which to him is made by them all ; and therefore that Opinion of Mr. Sidney , of the Power of the People , being delegated to some particular Persons , the Major part of which , can act for the whole Kingdom , is even unreasonable according to the Notion of their own Hypothesis ; For while he supposes it a Natural Liberty , and Original Power that the People have ; at the same time he lays down a Position that destroys it : For 't is Unnatural and against Nature , ( if they consider it , ) that the major part , should determine it against the Minor , and be taken for the consent and Approbation of the whole , when it is to be turned by a single suffrage and one casting voice . And this carrying it by a Majority is against the Nature of their Original Liberty ; for we see that even in all Seditious Assemblies , and tumultuary Meetings ; every Man would have every thing carried his own way , but the being concluded by the Major part ; has always been the result of some civil Institution in the Government , that thought it reasonable things should be so carried for an avoiding of Confusion and Disorder , so our Representatives in Parliament are chosen by the Majority of their Electors ; and they pass their Bills when elected by pluralities of Voices ; but this proceeds from President ; Regulation , Institution , Custom , and Law , and yet we see that many times , notwithstanding these receiv'd Rules , and tacit Agreements , to which all have submitted , they are loth in their Elections to stand to their own accord in such Cases , and that those that have lost the day , or the Cause by some few voices , are restless , tumultuary ; and their natural Liberty that is in herent in every individual , so prevalent , that what they have lost by Law , they endeavour to compass by force or fraud , and from that has proceeded those Riotous forcible Decisions of some of our Elections , those clan destine and fraudulent ones of others , from that proceeded in our late Confusions even in Parliamentary Affairs ; The Remonstrances of the Army , Excluded Members ; the Impeachment and Imprisonment of the Eleven Members , Prides Purge ; The Peoples Agreement , Abolishing of Lords House , and at last Olivers Dissolution ; for the Independant Faction prevailing in force , would by no means be concluded by Law , the Presbyterian suffrages were all along the most numerous in the Senate , and by all their Presidents in Parliament , must have carried every Vote by the Majority : This the Independant that fill'd not above the third part of the House found to their grievance , saw themselves still out-voted by Law , and so be took themselves to their armed Suffrages , and their Legislative Swords . Now tho the plurality of Voices ( tho against their Natural Power of the People for they don't like it even in Parliaments now , since things are not carried all to their liking , ) may be allowed to determine the Debates in a great Senate , conven'd by the Soveraign Power ; yet it cannot be imagined that the Majority here too shall carry it for an abolishing that very power that called them ; unless we can imagin the Supream Power had summoned them on purpose to be deposed ; and that this politick BODY was Assembled , ( as once they were too sadly in the natural Sence ) to cut off its own HEAD ; the Writ that summons them in our Parliament , is in order to deliberate about the difficult Affairs of the Kingdom , and it would be a difficult Business indeed , should it be by a casting voice , extended to a debate whither they had a King. And from these Reasonings and Suggestions ( which I submit to Men of more Sense and Reason ; ) I dare to draw this Conclusion , that even from their own Principles ; Their Contract with their King , or as Sidney says , The Condition upon which he receives the Crown , he can not possibly be punish'd or depos'd , because 't is almost impossible that every one of his Subjects should concur in such an Act ; and the Major part must by no means determine it , by their own Maxims of Natural Liberty , even in affairs of lesser Moment . 2. Because 't is no Consequence , that because they have confer'd the Supremacy upon some single Person , that therefore they may reassume it too , tho it were forfeitable even on Condition , which l 've shown the Romans themselves , never pretended to , tho their own † Democraticks tell us , their very Lex Regia was Conditional ; and ‖ their Laws which by all Nations are allowed the most equal resolve it ; that tho with them bare promises if made to private Persons were were not Obligatory ; yet when offer'd to the publick they oblige , and that in a Monarchy is always the King ; and what then must it be when there 's Oath made , Faith pawn'd , and fealty sworn : And those Laws resolve it too , as reason must , that when the Supream Power was confer'd on the Prince , all Magistracy was past over too , and in that lies all Judicial Power , and who then shall Judge of those Conditions that forfeit a Crown but him that wares it ? and thenthey'll be but little the better for the Controversie , when a King cannot be deposed , unless like a Richard the Second by his own consent . I have taken this Course , as the best way for the Confutation of such Principles ; not that I can really grant them the Concessions I have made , for I could assoon believe Mr. S. dy'd a Loyal Subject , as be satisfy'd with the positions he has lain down ; but I therefore grant them their own Hypothesis , that they may confute themselves , that they may see their own Babel of Anarchy will not be built upon the very Basis and Foundation of those Foolish positions they maintain ; that the work never was , or will be carried on far , without terminating as that of their Fore-fathers , in Confusion ; ( and by that they mean perhaps a Common-wealth , ) and have I hope in some Measure manifested , that even by their own wicked assertion of the Peoples Divine , Natural and Original power they cannot really pretend toany Right of Judging ; Punishing , or deposing their King , what force can do ; we have both felt , and fearfully , to our Terror seen , but in all Arguments of this Nature , the Question is of the Reason , and Right , and not of any Fact that may be justify'd by wrong ; and the refuting them from their own Maxims , must be more effectually convincing , then the maintaining of ours ; for one opinion in Politicks , is not absolutely destroyed , because some Persons can maintain another ; no more than the Systeme of Plolomy was presently False , only because Copernicus had invented his for True ; for the bare contradiction , and Clashing of positions , convinces no more than the giving the Lye , but when it is prov'd upon them in one , that even from their own Principles and Premisses , they cannot draw the very Conclusion they design ; as it was since in the other , that from their own Hypothesis they could not solve all the Phrases , and Phaenomenons themselves would make to appear , then certainly they must allow that themselves are in the wrong tho they will not Confess their Foes in the Right . And now having at lenght examin'd their Original Power of People ; let us a little consider how long , and from whence our Kings have had their Original . If we must make words only instead of an Argument ; and cavil about an Idiom in Speech , ( as some of their critical Contenders about this Origen of Kings have very vainly , and as Foolishly quarrel'd at ; then we must consult our Dictionaries , and the Dutch Tongue ; for without doubt till the Saxons settled here they had some other appellation ; and were only from them call'd Konyngs and since Kings , but if we consider the Nature of the Government , it is that which from the Greeks we call Monarchy , which from its own Etymology best signifies and expresses the Sense that it bears , which is the Governing part , and the Supream power plac'd in the sole hands of some single Person , and then the Queston will be only this , how long that has obtain'd in the World ; by whom first instituted , and in whom it first commenc'd ? For the first ; 't is undeniable that its Original was with that of the World , and God himself gave it by the Name of * Dominion to his Adam he had Created , which in express Terms was given him first over all the Living Creatures , and then over the product of his own Loins , his Wife ; and after that , ( as if Providence did design to prevent the dispute about the Precedency of Primogeniture ; ) it gave in express words , a Superiority to Cain ; that the younger should be in some sense his Subject , that to him should be his desire , and that he should Rule over him ; from whence it was assoon Communicated to the Several Heads of the Families that were the product of their Loins , and so succeeded in a sort of subordinate Government according to the Antiquity of the Tribe , or Family . That this was then such Authority , as we now call Kingly , is both nonsense to assert ; and as great a Folly for any to require that we should maintain , for they may as well quarrel with us , when we say there were Kings of Israel , and Judah , and yet cannot prove that there Courts and Revenues , were as Stately and Great , as now they are in England and France ; 't is enough if the Government of those Primitive times , was but Analogous to what we call Kingly now : And now that we have brought it both to a right of Primogeniture and a Paternal Right from whence will result the Divine ; we 'll consider what it is , Mr. Sidney and his Advocates can say against it ; and see if there be any such absurdities in it , as they more Seditiously ; then with any Sense and Reason suggest ; first for the right of Primogeniture , that themselves will allow ; but 't is only because not able to contradict , and besides as they imagin , it makes for them , and their Cause ; for by that course of descent , they think our Asserters of a Divine right , are oblig'd to deduce their Pedigree of their Kings form the Creation of the World in a right Line ; and therefore Mr. ‖ Sidney says that such a supposition makes no King to have a Title to his Crown ; but what can deduce his Pedigree from the Eldest Son of Noah . But for that absurdity which is truly their own , by supposing it ours , when it can't be truly deduced from the Doctrine and defence of a Divine Right ; we shall answer anon when we come to treat of the Paternal . That Primogeniture had the Preheminence in the very Worlds Infancy ; ( if we do but believe the word of God , which tells us , that himself told Cain , he should Rule over his younger Brother ; we cannot doubt of the truth of it , besides Abraham's being a Prince , and having a Precedence to his Brother Lot , is also there recorded ; and Esau ‖ selling of his Birth-right , Condemn'd as a Contempt of that preheminence , to which God , and Nature had prefer'd him ; and which himself only disposed of when he presum'd he was upon the point to dye ; and for his disregard of this Priviledge , was he punisht too in the prevention of the * Blessing , and which is perhaps the only Instance in Sacred writ where a Lineal Discent , and the Succession was interrupted ; and this too only occasion'd by his own Act. ‖ And that God himself did appropiate this precedency to the first-born , may be gathered out ofall the History of the Old Testament , the only account that is extant , and from which Authors gather all the Authentick Relation of the two first Epooches and most Memorable Periods , or Interals of time , viz. That from the † Creation to the Flood ; and from the Flood to the first Olympiad ( i.e. ) to Ann. Mund. 3174. for the profane History of those times is accounted Fabulous ; and by Historians call'd so , and from those Sacred Oracles it will appear that all their Kings of * Israel and Judah succeeded according to this Right of Primogeniture , or where that fail'd by ‖ Proximity of Blood ; And as the Almighty Countenanc'd such a Succession ; So does Nature it self , which among Heathens was distinguisht from the Deity ; and may be so amongst Christians too , if they consider it asthe Work and Order of the Divine will , for if she shall decide it , she presumes the Eldest in years , to be always the wisest too ; and 't is not Nature , but a chance preternatural when it happens to be otherwise , for if we should conceive no disparity between Brothers and Sons , then all Right and Superiority must be decided by Lot ; but Nature giving a precedency by Birth , makes Naturalist to call Primogeniture the Sors naturalis : In the next place the Laws confirm it , and the Practise of most Nations as well our own ; so that when Mr. H , tells us the Succession to the Crown , is of a Civil Nature , not establisht by any Divine right , he will find ; and must needs know that such a Succession by Primogeniture , or Proxiof Blood ; even by almost all Civil Institutions is allowed the precedency , and that even in the Discent of Common Inheritance , and Private Estates , and as I have said before I look upon the Crown to have a stronger Entail and more oblig'd to discend in a direct Line , if it were not from any Divine Institution of God ; but from a bare Human Policy , to prevent the Blood and Confufion that attends always a Competition of disputable Titles , which will needs be the result of any alter'd Succession ; and what now do these Laws affirm , to which Mr. H. must affix his discent of the Crown by his own words , when he says 't is of a Civil Nature ; why the Civil and Imperial 't is true differ from our own in this , that with them he is lookt upon an Heir , † that is left so by the Testator in his Will , and by them a Testamentary Succession was more esteem'd then a Legitimate and Lawful one ; yet even that imply'd there was one that was Legitimate or born so , and the Reason why they rely'd so much upon Testamentary Inheritances was I * believe because those were confirm`d by the very Laws of their 12. Tab. which was their first and Fundimental ; and therefore as long as the Testamentary was valid they would by no means admit the Legitimate one : But still even in those Testamentary donations , I believe they for the most part 〈◊〉 most of their Patrimony to the Eldest ; as well as we see among our selves , our Tenants in fee simple , that have as absolute a disposition of it by Will ; or those that have recover'd against the tail , by fine or the like ; still leave their Eldest their Heir , tho Impower'd to give it to whom they please : And then for our own Law , the very Custom of the Realm ; by which we must be more immediately Govern'd ; that makes the ‖ Eldest Son the only Heir to his Ancestor , or else the next of Kin to the Predecessor deceas'd ; and that is the Reason an old Aphorism obtain'd even with our own Antient Lawyers , that expressly insinuates such an Hereditary Succession , to be by Divine Institution , when they tell us that 't is not mankind but the Almighty makes them Heirs : I know that the saying more properly refers to the Order or appointment of the Divine Will , that such an one shall be the First-Born , because it makes him to come into the World first ; but if it can be prov'd from the Text , as in many places it may , and in some we have shown , that God himself in express Terms made the younger Subject , we may be so bold to say that he instituted too such a Subjection , to be paid to the Eldest . And now let us consider the paternal Right , which our Republicans so much deride , which Mr. Sidney in ridicule would force us to derive from the Eldest Son of Noah ; which Plato Redivivus would expose in the Empire of Reuben , the Brief History calls a new Notion of the present Age , and Mr. Hunt laughs at in the merry conceit of calling it the Court of King Adam , and King Father , 't is true the most Sacred and Divinest truth , may be made Ridiculous , only by laughing at it , and the World has not wanted even such a Blasphemous Buffoon , to burlesque the whole Bible ; but I shall shew them here as in the most proper place , in what Sense those Fathers might be said to be Kings , and that the Absurdities they suggest , are sar from any Consequences of such a Supposition : And why for Gods sake must we be put to prove , ( only for Asserting that the first Man had a Monarchichal Dominion , tho it were at first over Beasts ? ) why must we therefore make out too , that he kept up his Majesty after the manner of our Kings ? And that Adam in his Garden of Eden , in the first Year of the World , had built him an House like a Solomon , that was hardly finish'd in Fifteen : That he that had but Fig-Leaves to cover him , had laid the Foundations of his Court in costly Stone , and erected a Pile whose Porches and Pillars were of pure Caedar , and all the Building built up out of Caedar Beams , they may as well expect we should make out this too , 〈◊〉 bring all the Forrest of Lebanon to be laid out in a Palace of Paradice : Is it not enough for us to maintain that the first Government in the World was Monarchial , ( when we can prove all the Dominion and Power was imparted to a single Person , and when God himself seem'd to make but that one Man , to prevent even a possibility of a Competitor , and a Division of the Soveraignty , ) without being obliged to make the very Origen of Monarchy adaequate to the Improvement of it , and that a Soveraign for almost seven thousand year agon had the same Pompous and Imperial sway , that a series of time , and a Revolution of Ages has settled in the King of Great-Britain . Many things are clear from Analogy of Reason , tho they cannot be demonstrated to Sense ; the naturalist and Chymical Operators may well conclude , that the mineral Vermilion is made by some 〈◊〉 , Subterraneous heat , that 〈◊〉 the sumes of Mercury and Sulphur ; in which Mines 't is found , from their being able to make the Cinnabar its Resemblance , by an Artificial 〈◊〉 out of the Butter of Antimony , in which is both Sulphur and Mercury , tho themselves were never working under ground , and in the Mines . If we must be put upon such a piece of Impertinence , as the Postscript would have it , to find out this King Adam's Court too ; I 'll just take the Liberty to put them to just such another task , They will have their instituted Common-wealth to Commence from the World's insancy , even before that of Israel , before that Moses as they say had divided their Land unto them by Lot , and turned the several Tribes into so many Republicks : And then let them tell me what sort of a Republick it was , that the Patriarchs liv'd under , and were ruled by , where it was that Abraham , and his Fellow Citizens consulted to make Laws for the Benefit of the Common-wealth of his Family , so great that his train'd Servants , 318 sought 4 Kings , where it was that Lot and his Herds-men , when they pitch'd their Tents in the Plain , set up their Stadthouse , and commenced Burgomasters ? if in those days there was any Government purely Democratical , that is , 〈◊〉 Licentious , it must have been seen in the Cities and Towns , of those times , some Sodom or Gomorrah , yet even there the Text tells us , Bera was King of the one , and Birsha of the other ; let them tell us where Isaac when he settled in the Valley of Gerar , set up his Servants for Senators , tho he was grown so great ( since they will have it so , in the Common-wealth of his Houseshold , ) that a mighty King of those times , whom the Text expresly calls so ; Abimilech told him , that he was much mightier than he , and the Philistines envyed and 〈◊〉 him too for it : Let them tell us how Jacob liv'd in the Republick of his Sons and Servants in Succoth , tho such a numerous train , that they could venture to invade the City of the Shechemites , inhabited by the Subjects of Hamor the Hivite , whom the Scripture calls the Prince of the Country , and sure these Patriarchs were somewhat more than the ordinary Fathers of Families , as Plato would make them , when their Forces were so great , and their strength so formidable , that they sought Kings , and were 〈◊〉 by Princes : And now let them prove that this paternal Power of these ‖ Patriarchal Kings was no more than that of a Burgher in the Town of Amsterdam , or that the Cities that were several of them then erected , and where the sacred writ expresly says , Kings and Princes Reign'd , that those were nothing else , but as perfect Republicks , as Venice , Geneva , or the united Provinces in the Netherlands . And cannot our Seditious Souls be convinc'd that this their Patriarchal Power was Monarchical , unless we can prove every patriarch a Crown'd King ; should we oblige them to make out their Common-wealths of those days after the same manner their Modern ones are now Establish'd , they would be put to find out in those primitive times some general revolt of a Rebellious people from their Lawful prince : For that was the first Foundation of their 〈◊〉 Republick in the Low-Countries , as Mr. Sidney himself will allow , tho against common Sense and Reason he cannot let it be called a Rebellion : And also is it not one thing to say a paternal Right was once Monarchical ; but must it make all Monarchs to Rule by a paternal Right ? conquest of the Sword grounded upon a good pretence of Right is what a great many Kings claim , by a long series of Successive Monarchs , makes the Title of a great many more as much unquestionable ; and yet I cannot see , why Monarchy may not still be said to have been first founded in a paternal Right , tho the claims to Soveraign power since , in such several Kingdoms , and Nations where it is now Establish'd , are 〈◊〉 as several sorts too , as there are Subjects that have submitted to be govern'd by it . It is a pleasant sort of Diversion to see Mr. Hunt Harangue out half of his Treatise in an impertinent pains to prove the Father of every Family at present , not to be the King of it , we would have granted it him quietly , and the postulate should have been his own in peace , without raising upon his War of Words , and the thundering charge that he gives this Opinion , of puzzl'd , senseless , vain , unlearned paradox : For once every parent shall not be a Crown'd Head , and every City but a Common-wealth of Kings : for that is all they must contend against , and then what 's the Contention , but just about nothing : but that parents have nothing in them that is Analogous to a Monarchical power , that they have no Right to govern those very Children they have begot , ( as this Gentleman with his mighty performances thinks he has perfectly prov'd ; ) that I think will be found at last to be the greater paradox , if not a perfect Lye : For first the very Decalogue declares the contrary ; And the command we have to Honour our Father and Mother , implies an Authority that they have that requires Obedience , by the Levitical , the Laws of the Jews , the Rebellious Son was to be ston'd to Death , and if the very Bible can call it Rebellion ; Certainly it must suppose some power , against which he could Rebel : And what does Mr. Hunt , who himself admits of this , say to the refuting the very Objection that he raises , why he says this was an unnatural severity permitted the offended parent , that is an unnatural severity commanded by the very God of Nature : For all those their Laws were so many Divine precepts for the regulating his own Theocracy , and the very Text tells us this exemplary punishment of Dissobedience to parents , was shown that Israel might fear , ( i.e. ) fear those parents in whom the Almighty's Law had lodged such a power : and then if we consider it in the Abstract from any positive Law of God , or Divine precept , if we look upon it in a pure natural State , as the result of Generation ; for all whatever the postscript impertinently suggests with his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and all the distracted noise that he makes with the procreation work being such an Act of Affection , and mere impetus of Love , I cannot see , why by that darling work that delights Mr. Hunt so much , the power of governing those very Children he has begot should be superseded : The Gentleman among his many Melancholy moods , had it seems some pleasant Fancies : For in effect he tells us no more than this , that Coition being an Act of Love to the Mother , the Government over the Child that she bears him , must by no means be call'd a power ; and if this be not indeed a puzzl'd , senseless Opinion , I submit to persons that abound with more sense , and if it have the least shadow of a consequence , I will forfeit all my Right to Reason , might it not be as well infer'd too , that every Father that chastises his froward Child , is an absolute Tyrant , because that sort of severity savors of Anger , and fury , but the Generation work obliged him never to exercise it , because that was an Act of extream Love. But besides that precept in the Decalogue , Honouring our Parents , is an Eternal Law of Nature engraven in our Hearts , as well as it was in the two Tables of Stone , and whereever there is a Natural Veneration ; there is at the same time an imply'd subjection , for those we always reverence most , to whom we are most Subjected ; I know there are inferior Objects upon which many times we place our affection , and may in some sense be said to have for them an Esteem ; but that cannot be properly call'd Honour , but is better exprest by the Name of Love ; and this is that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that Friends have for one another tho they are Equals , or Parents to their Children tho Subject to their power ; but if we consider the word Honouring it self , ( which in all the Versions of the Decalouge is still render'd so , as if it would remember us of the subjection we owe to those we are commanded to Honour , ) that very word it self implys Power in the Person that is to be Honoured , for if we abstract our selves from any prepossessions and Engagements of Love , we still find we still Honor those most , that are also most in power , thus our Nobility are respected by us as Honourable , because they are in great places of Power and Trust : And our King more Honoured by us agen , because the very Fountain of Power it self . And lastly what strikes us more into a Venerable Horror of the Majesty of Heaven , but that awful attribute of his being Almighty ; so that uncorrupted Nature it self from the Rules of Common gratitude obliges us to Honour our Parents , as well as the express precept of the Divine will ; and then by Consequence subjects us to those whom we are requir'd to respect so much and esteem ; for Nature as it never ( according to the Maxim of the Naturalists in Philosophy ) is said to do any thing foolishly , or in vain ; so neither will it require any thing that is so , from others to be done ; and therefore there is no Natural Law that obliges us to Honour our Servants , and those that are subjected to our Power ; but the very Act it self would seem preposterous , awkward , and unnatural . And this agrees even with the very notion of as Learned a Republican perhaps as ever publisht any thing in Politicks , for Aristotle that liv'd under a Common-wealth ( tho he had less I believe of its principles than our Seditious Souls that are Born Subjects to a King , and sworn to be true to an Establisht Monarchy ) he to Confirm his opinion of the paternal Right , which in several parts of his Politicks that Antient Heathen , that vast Body of the Primitive Philosophy is pleas'd to maintain when he tells us that Families and Houses were at first Govern'd after the manner of Kingdoms by the Eldest head in it , that Cities were heretofore ; as most Nations now are , under the Government of Kings , and then in another place in his Ethicks more Expresly to this purpose , plainly says , directly contrary to the Sense of Mr. H. and some of our Democraticks that have ador'd some part of his Political Observations , † That an Empire or Monarchy , ( or according to the Literal Greek ) a Kingdom will be a Paternal Government ; and one would think the Authority of such Antiquity , should at least have prevail'd upon Mr. Hunt and his Historian , not to have Libell'd the Hypothesis for Novel or new ; but agreeable to this his position , does that wise Heathen define Honour , in the same Sense as I have Suggested aboue , ( i. e. ) that it does imply wherever it is paid a Power , and Subjection in him that pays it ; for he makes all his Honour , peculiarly , properly , in his ‖ Politicks to signify nothing else but Empire and Magistracy , and in other places by those that are in HONOR ; he understands the same persons , whom at other times he dignifies with the Title and appellation of those that are in POWER , which has made me many times think , that as the Romans receiv'd the first rudiments of their Learning from the Greeks , so they might retain some roots of their Language and mixt them among their own , as we see among our selves those Modern Nations do at present that Correspond ; and then we may imagin ( since their Sense and Etymology is not so wide and irreconcilable , ) that the Latinisms Timor and Timeo , were but borrow'd from the Greeks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for whom we fear we must Honour , and whom we Honourwe fear ; I know that it is but a sorry sort of reverence that is the result of our being afraid ; but yet we oblige our selves to pay it , tho it be but with reluctancy ; so that I can confirm the position I lay'd down , and return to the very words of what was first asserted , and that with none of the worst Syllogism in Logick , a sort of Sorites , or Gradual Climax . i.e. Where ever there is any Natural Honor , there always will be an awful fear , and wherever there is any thing of awful fear , it is of somewhat what that has an absolute Power . And then in my poor Apprehension , it is almost as natural an inference in the Rules of Logick , from the proposition of A , being the Father of B , that therefore he is his Lord and Master too , as it is in the Common Conclusion that is made among Logicians , of B's being an Animal , from the Proposition , that he is a man ; for tho Dominion be not absolutely exprest in the definition of a Father , yet it is so apparently Imply'd , that it makes an essential part of him from the Closeness of the Connexion ; neither can Mr. H. overthrow the notion with his Fruitless Labours about the sublim'd Love that exerts it self in the work of Generation , for it is not the bare procreation that Entitles the Father to this Dominion ; for then the Mother too would at least have as great a Power over the Production , being as much contributory to its being produc'd , and for some reason more Right and Jurisdiction over her Infant , as being the Fruit of her own Womb ; as being she , that ‖ determines it to such a Father , as she that has commonly the sole care and concern of its Education ; till it is grown more Adult and fit for to be form'd into manners by the Management of the Father ; and therefore not only according to the Maxim and Sanction of the Imperial Law , not only in a Civil and Political Sense , the Birth is said to follow the 〈◊〉 but it holds good even in the State of 〈◊〉 , and even in the literal 〈◊〉 visible among Beasts : But that which gives the Father a double Title to the 〈◊〉 over the Child , is not only his being as a Natural Agent , the first Spring that gives it Life and Motion , but also because the Civil Sanctions of all Kingdoms and Countries , still 〈◊〉 the Fathers Heads of their Families ; and from the Conjugal Compact that is made in Matrimony , subjected the Wife to the Jurisdiction of the Husband ; so that whatever Power and Right belongs to her over her Infant , is like the acquest that accrews to a Servant , or 〈◊〉 ; which the Civil Law and our own ‖ Common too resolve , into the Power and Possession of the Master and Parent : And then with what an Impertinent sury ; with what an insignificant Folly does the renowned Lawyer Labour and lay out his Lungs against Sir Rohert 〈◊〉 ? ‖ In making him a Monster , and persuading Mankind to Sacrifice their Sons unto Moloch , in depraving Human Nature worse than the Leviathan ; I confess the Furious fellow might as well fasten this upon that Loyal Persons position of a Paternal Right , as they have several other propositions full of absurdity upon the Doctrine of the Divine ; which still have been nothing else but the durt and dust of their own raising ; but is it a Crime at last with some of our Rebellious Christians to become Loyal , because the Leviathan whom themselves will make but an Infidel has lent them so many Lessons to learn them Obedience ; or is not a reproacht rather anough to make the boldest republican to blush , that believes but a Deity , to see a Monarchy so well maintain'd even by a Reputed Atheist ? if the Asserters of a paternal Right concur with him in such positions as render them good Subjects ; I am sure these opposers of it , agree with him in every point from whence they can draw but the least countenance for Rebels . These Venemous heads the Spiders of the publick , that spin their Notions into Cobwebs , into such fine nonsense that they cannot hang together ; have here also that other good Quality of that virulent Creature , to suck up all the Venom and Poyson of Mr. Hobs , and prey upon the very principles of his Corrupted Air , and the Infectious depravations even of Human Nature : his Origination of Society out of Fear , his definition of Right to Consist in Power , his Community in Nature , his Equality in persons ; all the very Contradictions of himself ; reproaches of his Reason , the Opprobriums of his Sense , the Pest and Plague of the People , are priz'd with our Republicans as the Philosophers and the Schools do their propositions of Eternal truths ; they imbibe the Poyson , and exalt , improve it too , they sublimate the very Mercury of Mr. Hobs ; and whereas he equals us only in a state of Nature , our Levellers will lay us all Common , under the Inclosures of a Society , and the several restrictions of so many Civil Laws . But to what tends this their turning all the Power of a Parent into Tyranny ; as if a Father could not have an Authority over his Child , unless he be bound to make it his Slave , as if the Chastisement of a Father could not Evidence his Supremacy over his Son , unless like the Saturn of the Easterlings , he Sacrifice him to the Fire , and torment it in the Flame . But this paternal Right of the Father , must suffer by these Factious Fools , from the same sort of Inferrences they bring against the Divine Right of their King , which may only serve with some Loyal Hearts to confirm the great sympathy there is between them ; for as by the Law of Nature , a Father can't be said to injure his Son , so neither by those of the Land , can our Soveraign wrong his Subjects : For , say these Seditious ones , your Divinest Monarchs by that Doctrine , can Hang , Burn , Drown all their Subjects , ( they should put in Damn too for once , since they may as well infer from it , his sending them to the Devil : ( but cannot common Sense obtain amidst these transports of Passion ? can they not apprehend a Father to have any paternal Authority over his Family , unless he be able to Murder every Man of it ? The Civil Laws , the municipal ones of his Land , ( if a Member of a Society supersede such a feverity , and if a Patriarchal Prince must be supposed , ( as were several of old after the 〈◊〉 , then the Affection of a Father : And the Laws of Nature were sufficient to fecure the Son , or 〈◊〉 the Servant from any 〈◊〉 , but what some proportionable 〈…〉 so also , did this Divine Right 〈◊〉 〈◊〉 Soveraign as entirely 〈◊〉 〈◊〉 the great Turk ; yet the 〈◊〉 part of those Civil Sanctions , to which the Divinest of them all would be 〈◊〉 , or at least the precepts of the Divinity , their God under 〈◊〉 they 〈◊〉 , that will oblig'd them both 〈◊〉 Justice , and Mercy , the two great Attributes of him whom they represent . But since they would make this Empire of a paternal Power so 〈◊〉 in Reason , let us see how it has all along 〈◊〉 in the Letter of the Law ; and if it has there 〈◊〉 been 〈◊〉 upon as a Notion so 〈◊〉 and 〈◊〉 . The most illuminated Reason of our eminent 〈◊〉 , must submit to be much in the dark : The ‖ Romans from the result of their Imperial Sanctions , look'd upon themselves to have such an absolute Power and Authority over their Sons and Daughters , that they tell us expressly , it was a peculiar Prerogative , and privileg'd of the Citizens of Rome , and that there was no other Nation that could Exercise such a Jurisdiction , they could 〈◊〉 for ever , by this Power of the Parent , any thing that was acquired by the Son , and give it to any whom they pleas'd , whereas it might have been an Argument enough of a paternal Power , had they been but only usufructuaries , and the Dominion remained in the Child ; and such a Sense of Soveraignty do the Civilians express to reside in the Father of a Family , that they gave him the same Appellation with that of a King , and tell us by the name of a Family , the Prince of it is also understood ; and tho Mr. Hunt tells us a Story , out of the Cabala of the Jews Laws , and the Tract of Maimonides , that they lookt upon their Children 〈◊〉 of Course , when they came to Thirteen ; and that then they could claim it as their right to be free . I must tell him from the Constitutions of the Imperial , ( that must be of more force among us , unless we resolve still that even Christians shall Judaize , ) that no Sons were ever emancipated or emitted out of the power of the Parent , unless they could prevail upon him for his own consent , that by no meanshe could be compell'd to it , and they had no freedom de Jure till their Fathers were de facto dead : And tho 〈◊〉 in his Comment on that part of the Institution , says , They became sui Juris at 25 from their Manner and Custome ; yet concludes the Law of Nature oblig'd them still to their Parent , which no civil one could disanull : The Duty that their ‖ Digests say , was due to this Paternal power , which they 〈◊〉 almost as Sacred , was exprest by the word piety , and a * learn'd Civilian of our own laments , that there is no more provisions 〈◊〉 in our English Laws , for the Duty of the Child , and the protection of the Parent , and with them so great was the crime of parricide , that they could not a long time invent an adequate punishment , for such an unproportionable Guilt , tho they had one for Treason against the Prince . And tho our own Laws do not make the Paternal power savour so much of Soveraignty , yet we shall see they sufficiently evince that the Parent has a power very Analogous too it ; whereas Mr. Hunt will not allow it to have the least Relation , which remisness of our Civil Institutions might well proceed from a presumption of our knowledge of the express command in the Decalogue , of which the Romans were ignorant ; tho we have no formal ‖ Emancipation now in use , which does imply a power of Government , yet our old Lawyer tells us still , that Children are in the power of their Parents , till they have extrafamiliated them by giving them some portion or Inheritances ; and the Custody of them , while minors which 〈◊〉 went to the King , upon the presumption I suppose of his only ability to be a second Father , that was settled in the Parent , both by Common-Law and Statute : for there lay a good action against any one for seducing a Mans Son as well as Servant out of his power , which does imply that there is a power out of which he may be seduced , and thus I have endeavor'd to shew ; the first Foundation of power to have been in the Fathers of Families : And it signifies nothing , whither every Father of it Reigns in it as a King now ; and therefore Mr. Hunt his impertinence is inconclusive , and part of his Assertion a plainly , when he would infer , from the continuance of the Parents Authority over their Children , together with the Soveraign power distinct , that therefore there was never any Foundation of a Patriarchal power ; for he might as well tell us , That because we have no Parents now , but what are Subject to the Municipal Laws of the Land , therefore there was never any Patriarch in the Bible , never an Abraham , an Isaac , or a Jacob , that had an absolute Dominion over their own Families ; or none now amongst some Barbarous Nations , that have no other jurisdiction but what is Paternal , the question is not what jurisdiction those Parents have , that are Subjected to the Laws of a Civil Society , but what they have by those of nature ; and 't is as absolute a lye ; when he says , 't is not abated by the Soveraign power ; for were it not ; the Parent had a power over the life of his off-spring , as the Patriarchs had of old , and some Barbarous Nations that are at present unciviliz'd . And for the Statute of the 25 , which Mr. Hunt brings as an Argument against it , because 〈◊〉 is not made by that petit Treason , is as pertinent perhaps , as ifhe had told us , that every Father of a Family , was not included in that of Edward the first , that settles the Militia in the King : for sure 't is not possible to suspect how they can be considered asso many Soveraigns in the very Civil Sanctions that establish a much more 〈◊〉 Soveraignity , whose Supremacy in their several Families is founded on the Law of Nature ; tho we have seen that they are confirm'd too by the general Laws of Nations , and the Hypothesis favour'd from our own : But as it is impertinently applyd to this purpose , so is it as falfely infer'd from that Statute ; for tho Parricide be omitted , and the Judges by that act restrained to interpret its extent from the paty of reason , or à Fortiori , yet no Man in hissenses can imagin that it was therefore omitted , because there was no Relation of Subjection or Soveraignty between the Father and the Son , when a Master , and a Servant are exprest in the very Letter of the Law , when a Prelate and a Priest , a Husband and a Wife : And is it not against Sense to imagin a Man has not as much Soveraignty over his Son , as over his Wife , that sits always with him as his Equal , and to whom our Courtesie of England gives the Precedence , and the Laws of the Land make but one , as well as those of God ; and if the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Impetus of Love and Affection will supersede the Servitude and Subjection : I think that by Mr. Hunt's leave is more abundantly exprest to the Wife , especially in that point upon which he himself puts it , the work of Generation : And can it be imagin'd that even a regular , or secular Priest , whose Subjection to his Primate , or Rector ; is only the result of the Statutes of the Society , or the resolution of the Common Law , can denote more Soveraignty , then the Filial Obedience ; required by the Laws of God , Nature , and Nations ; the citing this Statute of Edward , for having omitted the making Parricide Petty-Treason ; because it argues they had no opinion of the Soveraignty of the Father , is the greatest Argument that they had ; for since they have suppos'd a Soveraign Power , ( which from the suggestiing of such an Argument here themselves do seem to allow , and tacitly to Confess ) in those Authorities , the Destroying of which is made Treason by this Act ; they 〈◊〉 conclude a greater So , veraignty to reside in him that has really a GREATER POWER , then those that in that Act are exprest ; for were it 〈◊〉 any impartial Person living . Whether a Man has not a greater Power over his Son , then his Wife , or Servant , it would soon be resolv'd that he has ; he being impower'd only from some civil Constitutions to govern the latter , but the former from the Laws of Nature , and Nations both ; so that in Common Reason , and Common Equity , Parricide must be concluded in the Chapter of Treason , according to the receiv'd Rule of Natural as well as Artificial Logick ; that every greater Crime must be Punishable by that Law ; that punishes a less of the like Nature ; and the true Reason why in this very Case the Judges do not make the like Conclusion from the Similitude or Aggravation of the sin , is as my Lord Coke * Insinuates because the words of the Act it self declare , that nothing but what is their 〈◊〉 and exprest shall be 〈◊〉 〈◊〉 but even that very Act , foreseeing they might have 〈◊〉 several things that by the same parity of Reason might be included , does provide with a sort of reserve , that at any time the Parliament might make it more Inclusive ; and I dare Swear had it it been propos'd to any Session that has sat since the Statute was first Enacted ; whether by Parity , 〈◊〉 was not fit to be made Petty-Treason , not a man of Sense in the Senate , but would have consented : And this Construction of a Parliament is what Mr. Sidney himself forsooth so much rely'd upon ; who if they will but put upon this branch of the Statute according to his ‖ own words , a construction agreeable to Reason , or Common Sense must conclude that he certainly is as much a Traytor that Murders his own Father ; as the Servant that kills his Soveraign Master , or a Priest that makes away with his Lord the Prelate . But besides if this Letter of our Law does not include the 〈◊〉 of the Parent in Petty-Treason ; yet the 〈◊〉 of my Lord † Coke upon this Case will go near to conclude it , for he says 't is out of the Statute 〈◊〉 , the Son serve the Father for Wages , Meat , or Drink , or Apparel , and I cannot see how any Son , till he is Emancipated by 〈◊〉 , or Marriage , or the like , can be said to be any other then his Fathers Servant and that for all four ; for as the Father requires of him filial Obedience , so he can , and they Commonly do Command their Sons in the Offices of Servants , and that Arbitrarily in whatsoever he pleases , and find him accordingly the fore-mention'd necessarys to the performance of his duty ; and above all this , it is the opinion of a good Historian , recorded by my Lord Coke ; that before this Statute Parricide was Petty-Treason by the Common Law , and then what will become of Mr. H. Triumphant Appeal to the Laws , as well as his impertinent applycation to Reason ; and before this Statute too , such a signal sign of Soveraignty was supposed to reside in the Father of a Family : That it was Petty . Treason too ‖ to 〈◊〉 , or 〈◊〉 the 〈◊〉 or Signet of the Lord of the Family wherein he liv'd ; a Signature of Royalty indeed , and almosta mark of Majesty it self , and the Reason my * Lord Coke resolves it into ; their own omission of this Reasonable part of the Statute , is so far from the Postscript impertinency , of the Parliaments opinion against the paternal Power ; that he says those Law makers could never imagin that any Child could be guilty of such a sort of Barbarity , and seems to insinuate the pretermission to have been the result of such a probable piece of presumption ; and that I remember was the very reason among the Romans , that there was no punishment for such a sin as superseded a Sentence . They had a ‖ Law supposed to be made in 〈◊〉 . Caesar the Dictators time against those that attempted Majesty , and a severe one too besides its being Capital , * to have his Goods confiscated , his Children 〈◊〉 , and his very Memory damn'd ; and one would think it might have serv'd for Parricide too , but they 〈◊〉 upon that Treason so gross , such a Traytor so great , that for a 〈◊〉 time he superseded even the Invention of a Torment from his Insuperable quiet . Mr. Hunt would do well , and like himself ; that , is to 〈◊〉 very Foolishly , even from this too , that the Romans had once no Regard , no respect , for this paternal Right , because the Punishment of Parracide was once left out of their Laws ; and yet at last that it might be no longer unpunishable only upon the same presumption that there could not be found such Criminals ; one Cnej. Pompeius is said to have been the Author and Inventor of a Natural Punishment , if possible , for a Crime , so unnatural ; that is , as he had Rebell'd against the Laws of Nature in this his Crime ; so he should be depriv'd while living of the benefit of all her Elements , and neither her Heaven or Earth receive him after Death , but to be Buried alive with wild Beast in a Bag , and set a floating in the midst of the Sea ; whereas if they kill'd any other Kindred or Relation , like Common Felons they were only punisht by the Cornelian Law : And now by this time I hope I may with modesty maintain , whatever our mighty 〈◊〉 do say to disprove 〈◊〉 that I 've shown the Paternal Power , in the begining of the World to have been patriarchal , and Absolute : And in all succeeding Ages to have been sub ordinately Soveraign , in the respective Families , and several Households in which the Parent does preside , and that asserted from the very Civil 〈…〉 that establish a Supream 〈◊〉 Paramount ; and some Measure demonstrated this from the very Word of God ; the course of Nature , Light of Reason , Laws of Nations , and the Statutes of the Land. And as I 've done with this paternal Right in Fathers , so I shall consider now in the next place the Divine of my King ; a Right that none but Republicans dispute , none but Rebels will really oppose , and they deal with this Divine Doctrine not so kindly as some Indians are said to do with the Devil , who paint him most ugly and 〈◊〉 only that he 〈◊〉 be the more ador'd ; whereas these dress up somewhat of Divinity it self in the most frightful form , to make it 〈◊〉 and Contemn'd , they tell us 't is Monstrous , Trayterous , Papal , Divelish ; and this is the 〈◊〉 Varnish these Villains 〈◊〉 over it , when all the while the Colours are only of their own 〈◊〉 : This is their Trojan Horse that must 〈◊〉 Popery and Arbitrary Power , and carries Fire and Sword in its Belly ; but in these their aspersions as they 〈◊〉 the Bible and 〈◊〉 the very Book of Life ; that in several places 〈◊〉 to us the very Divinity of Kings , so they Libel the works of that Learned Person they so much oppose ; in a misrepresentation of his very principles and positions about it ; and then 't is no difficult matter to render an Hypothesis puzzel'd , senseless , and absur'd , when with their own Pens they put upon it the Nonsense and absurdity ; for thus they deal injuriously even with the dead , and disingenuously detract from the Learned dust of that Loyal Subject Sir Robert Filmer . Thus Sidney says , and endeavours to deduce from his Doctrine what was never lain down ; that all mankind was born by the Laws of God , and the 〈◊〉 of Nature to submit to an absolute Kingly Government , not restrainable by Law , or Oath : Thus the Postscript will draw from it that it 〈◊〉 such a Government to be Establisht by God and Nature for all mankind ; that it proves a Charter to Kings Granted by God Almighty ; But such 〈◊〉 were barr'd from being so much as Evidence by the ‖ Civil Law ; they were forc't to subscribe their accusations and be 〈◊〉 if their Falsehoods were detected , with a retaliation , and our own † Statutes of King Edward provided once against such false suggesters with an incurring the like Punishment , they would have brought others to suffer ; and 〈◊〉 pity but those 〈◊〉 ones , or the like should be revived for the prevention of Perjury ; it would be no discouragement to good Evidence , tho deterring to the bad ; and these detractors and false Accusers of a person in his principles , deserve in a Moral Sense as much Animadversion , as those Perjur'd ones in the Civil ? why did not Mr. 〈◊〉 or the 〈◊〉 their subscription too ? Why were they not so fair as to cite the 〈◊〉 out of Filmer ; wherein these puzzel'd Senseless positions were asserted ? The Substance , the whole design of that Loyal and 〈◊〉 piece , is only to expose the Natural Liberty of the People , or as they would make 〈◊〉 the Subjects Divine 〈◊〉 to 〈◊〉 us the Royal Authority of the 〈◊〉 before the Flood , that Fathers were first , Kings of Families , that the People were not concern'd as far as can be learnt from the Scriptures in the chusing of Kings : That Monarchy has been always found more excellent 〈◊〉 Democracy , and popular Government more Bloody 〈◊〉 〈◊〉 : That People cannot ‖ 〈◊〉 〈◊〉 or punish their Kings ; That neither those of Israel or Judah were bound by their Law , but were always 〈◊〉 〈◊〉 , and that our own have always been so too : This is the Substance that by all the acquaintance I have had with his works , I could ever collect out of them , and as I remember from some particular passages , he tells us , That he does not quarrel at the Privileges and Immunities of the People , but only question whither they have them from a Natural Liberty , or the Bounty of the Prince ; He tells us tho Kings be not bound by the Laws , yet will they rule by them ; and that they degenerate into Tyrants when they do otherwise ; where then is this Bugbear Arbitrary , Slavery , Misery , the result of a Doctrine full of an easie Government , Freedom , and Felicity ? the most that can be gathered from him is , That Monarchys as well as other Estates , do and ought to descend from some supream Father , and common Ancestor , and that there is some paternal Right , by which the several Kingdoms of the Earth are Govern'd , although by the Secret Will of God , the long series of time , the several Successions are altered and Usurp'd . And then what must be meant by this Divine Right ? but what is consistent with the safety of the Subject , and the Will , and Intimation of the Almighty : That God has made it part of the Decalogue , That Moses had it delivered to him in his Tables on the Mount , that it is a positive Divine Precept , that all the wide World should be govern'd by nothing else but a Succession of absolute Kings , ( and as they would make every Monarch , ) by a Divine Entailment of perpetual Tyrants : these are only the Conclusions of rage , and transports of those that are 〈◊〉 and prejudic'd against such a Notion or opinion , the rants of our implacable Republicans , that are pleas'd with nothing that recommends a Monarchy , no tho it be the very Bible , and the Book of the Almighty : Cannot those silly Souls that are transported out of Sense conceive that there is a difference in Assertion to say , That Monarchy is by Divine Right ; and that every Monarch Rules by the same Right Divine ; then indeed we should run into Sidney's Absurdities of making every Rebel that could but reach at a Crown , a Cromwell , or a Monmouth , as much a Divinity Monarch , as our best and Lawful Soveraign ; tho it must be granted that those Successions even of Lines , that have for a long time descended lineally , do intimate to us somewhat of the Divine Will that it shall so succeed , and even the paternal Successions in this sort of Royal Government , was given us for our Instruction that God approv'd of it from the time he gave the Children of Israel and Judah their first Kings , who throughout all the History of the Bible , succeeded from Father to Son : but that which garbles , and really grieves our Republicans , is that even the Divine Right of Monarchy it self can be Asserted , that we have so much as the Intimation of the Will of God , any Reason to conclude from his Word , that he has given the Approbation to the Kingly Government , any preference to Monarchy it self , they quarrel at the very Bible for mentioning so much as a King or Prince ; and they would make the version Libel the Original , when it makes a Melchisideck the King of Salem , or Hamor the Hivite ; Prince of the Country , they would have their INDEX too , and expunge a whole Chapter of Genesis for talking of ten Kings besides Abraham , and make all the Old Testament an entire Apocripha that does but mention a Monarch : And for this , ‖ Plato tells us plainly , that Moses made them all Commonwealths , and that afterward over those they call'd Kings the Sanhedrim , and Congregation of the People did preside , tho the Text tells us , Moses was King in Jesurun ; and so the King it seems made it a Common-wealth . These Rebels to the Majesty of their King , are as refractory to what the Divine Majesty has approved , they damn the very History of the Creation , and the Original composure , and Constitution of Nature , because it once made a Monarch in a single Man , and has puzl'd them to find out any more of Adams Common wealth but among his Beasts , they Curse the Dispensations of Providence , for preserving a Monarchical Government throughout the Universe , and has left them nothing but two or three Rebellious States , they condemn the deluge for not destroying Noah too ; but left so much of Regal Authority to remain in the Ark , this makes them when they are perplext with the pesterings of some Loyal Positions , to put us upon deducing our Kings Pedigree from Adam , or as Mr. Sidney says from the Eldest Son of Noah , the Foolishness and unreasonabless of their Postulates , the ridiculousness of those demands , I cannot better answer to my Satisfaction , or theirs , then by sending them to St. John's Coll. in Oxford : I 'll promise them there , if they 'll be but pleafed , there they shall see even the most everlasting Line drawn down from the Garden of Eden to White-Hall , from the first Adam to their present Soveraign K. James , and if they don't like the Heraldry , let them dispute it with the Painter ; I cannot tell how to gratify the Impertinence of their demands , but with as pleasant a message . But if a Man can be serious among such Buffoons ; I must tell them 't is one thing to say that Noah and Adam Rul'd by a Right Paternal , and another that every Monarch must have the same Paternal Right from Adam and Noah : 'T is one thing to say that God approv'd of Princes to Govern , and another that he appointed to every Prince the same Right of Government , the form of Regal Government I hope from the Royal Authority of the Patriarchs may be Justified to be of Divine Institution ; tho the Succession of the whole series of Succeeding Soveraigns , be not resolv'd all into the same Title ; I can tell them of not only an absurdity , but a plainlye would be the Consequence of such a position ; for then there must have been no Battels Fought after the Flood , no Ten Kings in one Chapter of the Testament , none of that long Catalogue of Egyptian Princes , and in truth at present but one Vniversal Monarch in the World ; tho that some Learned , and Laborious Heads do too industriously sometimes attempt to deduce from Scripture by the Almighty to have been once design'd , and Babel for the seat of such an Empire ; For it would be a great piece of Paradox indeed , and a greater of Impertinence to persuade such Seditious Authors , there was ever any thing of an Vniversal Empire design'd , that won't allow there was ever a particular one Establish'd ; That tell us no general revolts of a Nation can be call'd Rebellion , and then I am sure they must maintain , that there is no particular Supremacy , from which the generality of the Subjects can be said to Reble ; but Mr. Sidney borrow'd this pretty Position too from that pernicious piece that was publish'd about the Rights of Magistrates , for that tells us too , * That the Danes imprisoning their King Christien , to his dying day ; the Swedes rejecting their Sigismund , for his persisting in the Romish Religion , were no Rebels ; I confess their Monarchys admitting so much mixture of Democracy , may make the people there to have a greater power in publick Administrations ; but certainly cannot well extend to impower them to subvert the very publick Weal it self , which must be said to consist in the supream head of it , the King ; and tho they will seperate his Person , from that publick political Consideration , and say they may maintain the Monarchy , tho they depose such a particular King , this will not mend the matter , for those that have a power to reject ONE Prince , are as much empowr'd to refuse to Elect another ; and then the result of it must be this , that our Republicans will admit no more of a particular Empire then a Vniversal . In short , those that had but the least Inclinations to be Loyal , and did but Love , and like , an Establisht Monarchy ; that were not resolutely resolv'd to Rebel against the Light of Nature as well as the Resolution of the Laws , would soon see , and be satisfy'd of the Solid Reasonableness , the Innocent Truth of these three several Propositions I have so lately Labour'd in . First , that Primogeniture obtain'd by the Institution of the Almighty and his continued Approbation in the Bible ; both in Paternal discent and Regal ones ; and that the Laws and Practise of Nations have confirm'd it in both since ; and that home to our Doors . Secondly , that Paternal Right and Power , by the same Authority of the Almighty has been prefer'd , by the Laws of Nature Maintain'd , and by the Civil Sanctions of all Nations Confirm'd . Thirdly , that Monarchy or Kingly Government isso far of a Divine Institution , as it has receiv'd from God himself an ‖ Express approbation ; as it has been Intimated to us from the Worlds Creation ; and its first Regulated Establishment , as it is Constantly Visible from all the Phaenomenons of Vnalterable Nature ; and as it has been Continually transmitted to posterity by the special Appearances of providence for its preservation . And Last of all , let me but only subjoyn the Excellency of this truly ancient , venerable , and divine Form of Government , a Monarchy ; and then the many Mischiefs that attend the popular one , a Democracy ; and then let the most prejudic'd and partial person judge , not only which of the two has been always reputed most Eligible ; but which of them he himself would most affect to Chuse : Sir Walter Raleigh , as Learned an Head-piece perhaps of the last Age , as any that he hath left behind him in this , a Person rather prejudic'd against Monarchy ; than bigotted for it , no such Court-Favourite as the * Mercury makes of Salmasius , A Dirty Dissolute Parasite of Kings , and Pander of Tyranny ; this Learned ‖ Historian lets us know , That the first , the most ancient , the most general and most approved Government is that of one Ruling by just Laws call'd Monarchy ; and whatever wits our more modern Commonwealths-men pretend to be ; this Gentleman ; that was more sage than the wisest of them , does not make paternal Right such a ridiculous thing as they would represent it ; but tells us , that in the beginning the Fathers of Nations were then the Kings , and the Eldest of Families the Princes , and of such an Excellency is its Form , that it is the clear result of unprejudic'd Reason , and most agreeable to the sense and security of Mankind : For as the natural Intellect it self ( by which I mean bare humane understanding ) when , in the infancy of the World , people were guided more by their own Fancies , and the Paternal Power , which then was all the Regal , from the tenderness it might be suppos'd to have towards those that were their natural issues as well as their civil subjects , had indulg'd vice , and been less rigorous in Executing impartial Justice on Offenders ; whereby people were left more at Liberty , I say Nature then , and Necessity it self , made them find the Inconvenience even of too much Toleration ; and made even the most foolish fellows apprehend as well as the wise , that the Condition of reasonable men would be more miserable than that of brute beasts ; that an Inundation of Anarchy and Confusion , would overwhelm them more than the first Flood , Did they not , by a general Consent , submit to Government , and obey those that were set over them to Govern ? For they found that when they were most mighty to oppress , others might in time grow more so , and do them as much mischief : And those that were equal in their strength , found themselves equally dangerous and mischievous one to another ; and that the most unbounded Licenciousness prov'd always , to some or other , the most miserable Bondage and Slavery . And this natural Reason inclin'd them too to acquiesce under those Monarchical Forms , that were then the Government of the Times , and which the Israelites themselves desired in a more special manner , tho' they were forwarn'd of its Absoluteness , and told by Samuel , that it would be Tyranny it self : for the same necessity , convenience , reason , and natural instinct that persuaded them , to submit to Government in General , did also suggest to them the Excellency of Monarchy in Particular : For as by want of all Government , their reason told them they could not long possess any right , and that Liberty being only a License to do what they list , and so left nothing to be wrong : So the same reason suggested , that these their Rights were best defended , and soonest decided by some single Person , that was Supreme , than when a Multitude had the Supremacy ; for in that there being so many suffrages as there are men , accordingly there might be so many several interests and factions ; which must both hinder any sudden determination , as well as make the sentence liable to more partiality and injustice , when it is determin'd . This made the Senate of Rome so tedious always in its determinations , and the people as uneasie and unsatisfied in their Decrees : Their Praetores , Quaesitores , Judices Quaestionum & selecti , some of them having under them no * less than an hundred Commissioners , might be said to confound Causes instead of determining them . Their Agrarian Laws that were made for the Division of their Fields , most of them having been given by Romulus , and the rest of their Kings , resolv'd their rights to them with Justice and satisfaction to the people , while their Kings Reign'd that gave them , and were the sole Judges of their own Laws . But when they were confounded into a Commonwealth , and the Senate set themselves to decide the divisions of their Commons , and their Fields ; what Seditions , Confusions , and Unsettlement did they create ? So that the Reasonable presumption there is , of a more Equitable and speedy distribution of Justice from a single Sovereign , because suppos'd to be less prejudic'd , and less unable to be prevail'd upon by favour or affection , may very well be thought to have recommended at first , a Monarchical Form , & afford us now asmuch reason for the retaining it . In the next place , A King being a perpetual Heir to the Crown , insomuch that the Politick Laws suppose him never to dye , and when in a natural sense he does , the Crown still descends to his immediate Successor : This will make him 〈◊〉 to preserve the Rights of it inviolate , and perpetuate the same Prerogative to his Posterity : Whereas the people , in all their popular 〈◊〉 , administer only for years , or at most for Life ; and what should hinder them then from defrauding that Publick , whose Administration they must either soon quit , or at last leave to those to whom they no way relate . I allow in most such Communities , there is commonly special provisions made by their Laws , that an abusing that power , with which they are intrusted , or a robbing the Common-wealth of part of its Revenue , shall be punish'd with some grievous Fine , or perhaps made Capital ; for which the Romans had their several rules and regulations for their Magistrates and men in Office : But there being so many ways to be injurious to the Publick , that can so easily , by those that administer its affairs , be kept private and conceal'd ; it must certainly be concluded , that those that have an Hereditary Power of Publick Administration , as all Kings , and they alone have , that their Interest obliges them to preserve its rights inviolate , from an unwillingness , that nature it self will implant in them , to injure their own Sons , Successors and Posterity . Whereas the same Interest , which certainly is the most powerful Promoter either of good or evil , will incite Senators in a Commonwealth more industriously , more seriously to endeavour to serve them selves . It is the most prodigious piece of Paradox , to see some of our Seditious Republicans to rail at Ministers of State , and Mr. Sidney of all Men had the least reason to have reflected for his Sufferings upon those that sate on the Bench , with the rest of the Rabble of his Democraticks , who of late in these tumultuous times have talkt of nothing less than the punishing of those that held the Sword of Justice , threatned them with the Fates of Tresilians , Fulthorps , Belknaps , with the Gallows , Fines and Imprisonments ; whereas these two were only punisht in the Reign of a King , wherein they actually rebell'd and deposed their Prince ; but were they the worst of Men that officiated in Publick Administration under their King , such Republicans have the least reason to find fault , when always in their Usurpations the greatest Fools aswel as Knaves have been commonly preferr'd : What more Illiterate Blockheads did ever blemish a Bench than some of those that sate upon it in our Rebellion ? and for that consult the Tryal of Lilburn they Arraigned , where you 'l find a clamorous Souldier silence , and baffle them with his Books , and invert the Latin Aphorism in a litteral sense , by making the Gown yield to the Sword. And for their Villany , let Bradshaw alone : And for that only be the best of Presidents . The very Beggars and Bankrupts of the Times , that bawl'd most for Property , when they had hardly any to a penny or a pin , were set up to dispose of the peoples Fortunes and Estates . Princes , as they are above all Men , so generally make those their Ministers that excel others in Desert or Vertue , because their persons are to be represented by them : And they may aswel imagine a King would croud his Courts with Clowns , to shew his Magnificence , as fill his Judicatories with Fools or Knaves to distribute his Justice . 'T is enough for an Oceana , an Oliver , or a Common-wealth to set up such ridiculous Officers ; Brutes beneath the Ass in the Apologue , that will not so much as be reverenced for the Image they bear : but even the best of Common Men , whenthey are rais'd to some supreme Government , prove like Beggars on Horse-back , unable to hold the Reins , or riding off their necks ; the wisest , in their own ordinary administrations , prove but foolish Phaetons when they are got into the Chariot , set all in combustion and confusion : The not being born to Govern , or educated under the Administrations of a state , makes them either meanly submissive in the midst of their Grandeur , or insolently proud of their Office , which renders them as ridiculously Great ; whereas Princes from an Hereditary VERTUE , ( that consists alway in a MEAN ) or their nobler Education that instructs them in the Mode , preserves them too from running into the sordid absurdities of such Extremes . Many of such like preferable Conveniences might be reckoned up , that make a Commonwealth less Eligible ; but for Confirmation of it , it is better to have recourse to matter of Fact : When did their Rome ever flourish more than under the Government of their Kings ? by that it was * Founded , by that it was most Victorious , and with that it alway fell . Romulus himself first gave them their Religion and their † God , as well as the Government ; and , with the assistance of his Numa , brought them to observe some Ceremonies which the Trojans had taught them ; under whom did their City Triumph more , both in fame , riches , tranquility and ease , than under the Empire of Augustus ? And one would think that when the Controversie upon his coming to the Crown was then in Debate , it should have been decided by the two famous Wits of their time , in their Dialogue , Maecenas and Agrippa : It was submitted to their determinations , and we see what was the result , A MONARCHY . And that preferency of this most excellent Institution themselves most evidenced , when upon all Exigencies and Difficulties they were forc'd to have recourse to a Dictator , whom all Writers agree to have differ'd only from a King in the sound of his Name , and the duration of his Office , the very Definition ‖ of his Name implying , that all were bound to obey his Edicts : he had his Magister Equitum , an Officer , in effect the same with the Praefectus Vrbis , which under their King was his Mayor . And after that rash Rebellion of theirs against Royal Government , after so many Revolutions of Tribunes , Triumvirs , Quaestors , AEdils , Praefects , Praetors and Consuls , were never at rest or quiet , 'till they were setled again in their Caesars . Themselves know best , what the Sedition of Sylla and Marius cost them , how many lives of Consuls and Senators , besides the blood of the Commons : Let them consult Plutarch , and see the bloody Scene of Butchery and Murder . Pray tell me , mighty Murmurers ! in which was your Rome most bless'd , or suffer'd least , with the bloody War between Caesar and Pompey , or the settlement of it in Julius himself ? Did it not bleed and languish as much with the Civil Wars of Augustus , Antony and Lepidus , as it flourish'd when reduc'd to the only Government of Octavius ? And would it not have been much better , had those succeeding Emperors been all Hereditary , when we find , that for the most , the Multitude and Soldiers were the makers and setters up of the bad , and the destroyers and murderers of the best ? 'T is too much to tell you the story of our own Chronicles , as well as their Annals , how happy our Land was for a long time in a Lineal Descent of Hereditary Kings , how miserably curst in the Commonwealth of England , what blood it cost to establish it , what Misery and Confusion it brought us , when unhappily establish'd ? And as an Argument that the Romans flourish'd most under those Emperors , see with what Veneration their Imperial Sanctions speak of their power ; they make it * Sacriledg to disobey it ; they made the very memory of those that committed Treason against them to be rooted out , the very ‖ Thought of it they punish'd with as much severity as the Commission ; all his Children , Servants , and whole Family were punish'd , though unknowing of the Crime . They punish'd those with the same severity that Conspired against any Minister of State , because relating to the Imperial Body , and that if they did but think of destroying them ; and even those that were found but the movers of † Sedition were Gibbeted or Condemned to their Beasts . And as those Laws made all the Sanctions of all Princes Sacred and Divine , so do our * own declare the King capable of all Spiritual Jurisdiction , in being Anointed with Sacred Oyl ; by which they give him all power in Ecclesiasticals too , to render his Person the more Venerable , and call the † Lands of the King like the Patrimony of the Church , Sacred : Prince and Priest were of old terms Synonimous , and signified the same thing . The Jews and Egyptians had no Kings but what exercised the Offices for a long time , of the Priesthood too , with which they then alone made the Monarchy mixt ; and of this even * Justin can tell us in one of his Books : And for making their Monarchy more Divine , did Romulus and Numa , the Founder of their Religion as well as of Rome , Officiate in it sometimes too . So much did the Fathers of old prefer Monarchy to a Popular Government , that Sir Walter Rawleigh tells us of the saying of St. Chrysostom , that recommended even a Tyrant before no King at all ; and that is 〈◊〉 with a Sentence of Tacitus , who tells us , If the Prince be never so wicked , yet still better than none : And for that of a Commonwealth , it was as bravely said by Agesilaus to a Citizen of Sparta , discoursing about Government , That such a one , as a common Cobler would disdain in his House and Family , was very unfit to Govern a Kingdom . In short , all the Presidents that Mr. Sidney has given us , of the Romans driving out their Tarquins , of the French rejecting the Race of Pharamond , of the Revolt of the Low-Countries from Spain , of the Scots killing James the Third , and Deposing Queen Mary , are all absolute Rebellions , were ever Recorded so in History , and will be Condemned for such by all Ages . He should have mention'd for once too , the murder of our Martyr'd Sovereign , for to be sure he had the same sense of that upon which he was to have sate . But if any thing can recommend their Commonwealth , it must be only this , That it cannot be so soon dispatch'd , it being a Monster with many Heads ; to which Nero's Wish would not be so cruel , That it had but one neck , to be cut off at a blow . The clamour this Republican made against Monarchs in general , was , whatever he suggests , appli'd to our own in particular , when he tells in the very same Page , of the Power of the People of England ; and though he exclaims , and all others do , against this Arbitrary Power of Kings , 't is certain themselves would make the People as Arbitrary : The Question is not , whether there shall be an Arbitrary Power , but the Dispute is who shall have it , there never was , nor ever can be a People govern'd without a Power of making Laws , and that Power ( so long as consonant to reason ) must be Arbitrary , for to make Laws , by Laws ; is Nonsense . These Republicans , by confession , would fix it in many , and the Multitude ; in Aristocracy 't is fix'd in a few , and therefore in a Monarchy must be setl'd in ONE . CHAP. VI. Remarks upon their Plots and Conspiracies . AND now that they may not think I have foully Libell'd them in a Mis-representation of the dangerous Principles of their Republicans , I 'll be so fair as to prove upon them too , the natural product of their own Notions ; and that is , the Plots of the same Villains assoon as they have been pleas'd to set up for Rebels . And these will appear from Chronicle and History , the Records of Time , and the best Tryers of Truth ; these will not be falsified with Reflection , but be founded upon matter of Fact : And of these , this will fall in our way as the first . About the Year 1559 , there was promoted in France , a Plot and Conspiracy against their King , and that founded upon the same pretext ; so many of ours have been of late in England , that is , Religion , but truly fomented by what has been always the spring , the very fountain of Blood and Rebellion , discontent and disgust toward the Government : For upon the death of Henry the Second , and the Succession of Francis his eldest Son to the Throne , the Princes of the House of Bourbon , thinking themselves neglected and despised , thrust out of Office and Employment at Court , and finding the Family of the Guises still prefer'd , whom they always as mortally hated , resolved to revenge themselves upon the Crown , ( that is ) to turn Rebels . Of these Vendosme and Conde were the principal Engagers , and drew in the two Castillions , the * Admiral and his Brother , who for the removal of the Duke De Montmorency , their relation from that Court , to which he had prefer'd them , were as full also of resentment against the Crown , as those that came to engage them with an invitation to invade it ; and after all their several seditious Assemblies , after all the many Meetings they had made , after all the Treasonable Consultations they had held , no design was look'd upon by them more likely to prove effectual , than the making themselves Head of the Hugenots . And so hot were they upon this Project , the pursuit of another kind of Holy War , ( that among our modern Crusadoes has been nothing else but a Religious Rebellion ) that notwithstanding the coldness of the King of Navarr , they drew in most of the Protesting part of France to be truly Rebels , for the sake of their Seducers , while they made them believe they had only engag'd themselves to fight for the Religion of those they had so wickedly seduc'd : And so conducing then were the principles of a Republick to a Rebellions Plot , that one † 〈◊〉 that was forc'd to turn Renegado to his Country , for Misdemeanors committed in it , and fled to Geneva , as a Sanctuary for Sedition , after he had lurk'd there like a concealed Criminal abroad ; upon his Return sets up for an open Rebellion at Home , after he had layn so long in the lake , the sink of Democracy ; you may be sure was well instructed how to resist a Monarch . He soon blows the coals that could easily keep up the Blood of the warm Princes that was already set so well a boyling : Him they pitch upon as the fittest tool to work out their design ; and in my conscience , coming from that Common-wealth , the Statsemen judged not amiss , when they took him for an able Artist . With his help , and their own , it went so far , that Moneys , Men and Amunition was provided ; and a Petition drawn for a Toleration of Religion , though indeed but a Treacherous vell to cover their Intended Treason , which was to seize upon the Young King , upon his denyal of what they knew he would not grant ; surprize the Queen that still opposed them ; and put the Guises to the Sword , whom she favoured . But the Court being advised of the Conspiracy , had retired to the Castle of Amboise ; and so far did they prosecute their Plot , that their Petitioners were admitted into it , though their Arm'd Accomplices that were without , were compelled to fight for their Lives ; which Renaudie , with the rest of the Ring-leaders of them lost ; and the Rabble to save theirs , was forc'd to fly . * This was the praeliminary Plot , and an unhappy prelude to a long and bloody Civil War , fomented first by the fury of a Faction that set up for Rebels ; only because not favoured ( as they thought ) sufficiently by the Court , and then seconded even to an Assaulting of the Crown in the Siege of Paris , and almost the Subversion of the Monarchy , as some Learned Historians surmise , from the secret Emissaries of the Republick of Geneva . I need not touch on the particulars in which the fatal War at last was forc'd to terminate ; 't is too much to tell you 't was in a torrent of Blood : And what was worse , that of most of the Protestants , whom a transported Faction First engag'd to fight for Religion , when their own real Quarrel was only a revengeful resentment against the Court , and the Crown ; and whom a Holy Common-wealth , the Republick of Geneva , still animated against the Kingdom of France . It was upon the Preaching up of these principles by their * Professors at Hydelberg , and their Inculcating that old Aphorism of Trajan , when he bid his Centurion draw his Sword in his Defence , * if he Governed well ; but if ill , then Against him : A saying that is Registred in every Piece that I have yet seen publisht by a Republican ; as if in it were founded their very Bottom and Basis of all Rebellion . Building upon these Positions , and the dangerous Doctrines of Democraticks , the Divines of Germany Invited the Palatine Princes , and others of the Empire , to promote the Rebellion in France ; and Casimir , second Son of the Elector , was sent to accompany Conde into that Country . Instigated by these principles , in Suevia and Franconia , † forty thousand Peasants took Arms , under Muncer their Leader ; Rebell'd against the Princes of the Empire , who were forc'd to raise all the Force they could to suppress them , they were so bigotted , as to refuse Pardon when offered ; but in the Battel were Beaten ; five thousand six hundred Slain ; their Captain fled , but being found out , was Beheaded . In the Year 1535 , John of Leyden , a pitiful Taylor , possest with such Seditious positions , had got together such a party of People , that at last they possest them of part of the strong City of Munster , set up Senators of his Sect , taught the People to put down the Magistrates , and establish New Common-wealths ; they burnt Churches , spoil'd the Suburbs , till the Bishop they Banisht , Besieged them , forc'd an entrance by Assault , took the Leaders , and hung them in Iron Cages on the City Towers . From these Doctrines were the flames of Civil War kindled in Flanders , and Tumults and Disorders their daily practice ; for at Valenciennes they would commonly rescue the Prisoners of the State , when condemned to dye by Legal process ; force the Officers to fly for their preservation ; and with a number of two thousand break open the Doors of their Common Goal , knock off the Shackles of those that were in it , and so send them to their several Dwellings . The like happen'd at Antwerp , upon the Execution of one Fabricius a Priest. From these principles it was , that about the Year 1565 , that these Hollanders , 9 of their protesting Lords , not at all Officers of State , conven'd at Breda , drew up a form of an Association , which they call'd too , their Covenant ( and what has been since so well copy'd by our English Rebells ) which they all Subscrib'd , and sent about by their Emissaries , through all the several Provinces for Subscription . And as from these Principles , these Tumults and Disorders ; Leagues and Covenants were created in the Low Countries : So followed also from them , an entire Defection from the Crown of Spain , and a Rebellious Revolt of the United Netherlands . For though Mr. † Sidney would impute it only to the Tyranny of the Duke of Alva ; yet by his leave they were in Rebellion before ever he was sent , and perhaps was therefore design'd for the reducing them to Obedience , because of his austerity and cruel disposition ; for Rebells that resolve commonly to shew no Mercy , are not reducible to their Allegiance , but with as much severity , I will grant them , that by this Rebellion they laid the foundation for the flourishing of the Protestant Religion in their new erected Common-wealth : Nay , and will pray that it may long there flourish , as well as under our own Monarchy at Home . But yet I cannot find from all the Divinity of the Bible , or the Schools , that Blood and Treason , Murder and Sacrilege ( all which were the result of that Defection ) could be sanctified into the doing God good Service , or for the sake of his Gospel ; nay , though it were for an Apostatizing from Paganism it self , which my Charity will not permit me ( though some Peoples fury may transport them ) to bring it in competition with Popery , and the Professors of the same God and Saviour . That the Protestant Religion is a promoter of such Seditious practises , none but besotted Pagans , or bigotted Papists will assert . But why in France , and these Parts of the Netherlands , by such Sedition it was promoted , my little reason will resolve into nothing less , but that in those Parts it was chiefly propagated by the Emissaries of Geneva , a pure and perfect Republick ; who , at the same time they infused the principles of a sound Religion , insinuated too the positions of their Seditious Politicks , and mingl'd Poyson , not with common Meat , but their very spiritual Food : For Luther sure will be allowed the Name of a Reformer , as wel as , and before Mr. Calvin ; and yet we see the Protestant Religigion flourisht under his way of propagating it , without any Rebelling for it , unless from that See of Rome , from which it wisely Reformed . It was that very thing endear'd it to the Princes of the Empire ; and I believe reconcil'd them to receive it the sooner , when they found nothing in it of the positions of a * Mariana , and the principles of a Society of Seditious Jesuites , that could subject the Civil Government so much to the Ecclesiastical , as to make an Excommunicated Prince , like a Branded Cain , to be killed by every one he met ; or the Doctrine of our too severe Calvinists , that can make every Town a Lacedaemon ; set up their Ephori , even in every Monarchy , and make all Kings accountable to their People . And this will appear somewhat probable from the next Historical Account we have of the effects of the principles of these Democraticks , which is in that of Knox of Scotland , a Fellow as Factious and Seditious , as Humane thought can Imagine , or his own heart could have wisht ; a Fellow that had the Misfortune ( which he call'd Happiness ) to carry War and Confusion wherever he went. We had several Protestants of our own Nation , fled from a real Persecution of our bigotted Queen , to * Frankfort , a Town in Germany , and there lived quietly , with submission toward the Supream Magistrate , till this Geneva Gentleman no sooner arrived , but he sets all in Combustion ; is accused of High Treason toward the Emperor , for comparing him in Print ( in some of Mr. Sidney's Similitudes ) to a Tarquin , Nero , Caligula ; for which he was forc'd to fly the Town , and Post away ; to what could only bear with as well as breed such Vermin , the Lake or their Commonwealth of Italy . Aboutthe Year 1558 , the Queen Regent of Scotland , when the Reformation was but in the beginning , as a special Act of Favour , for so it must be call'd , because then , not only contrary to her own Religion , but the Law of the Land , allow'd the Congregators ( which were Conventiclers then too , as well as now , because the general Worship establisht , was not theirs ) the Bible in their own Language . But they no way contented with an Act of Grace from the Crown , and Instigated by this Incendiary ; this Scandal of the Reformation , Knox , that had taught them , they might Demand with their Swords , what was deny'd them by Law ; fell a reviling her , even for such a signal favour ; and when she sent for some of the more furious of the Faction , they came all , attended with a multitude of Favourites and Force , that for her Preservation she was compell'd to Command them to depart : And the best of Governors might well fear the worst from such an audacious Assembly : but this was so much the more offensive to them , only because they were Commanded to offend her less , that they throng'd into her Privy Chamber , threatned her with their Arms , till she was constrained to pleasure them against Law. And as they then menac'd a Force , so they afterward made it good with as much violence ; for away they went , pulling down Monasteries , and * Churches ; and seconding their Sedition with what could only succeed it , Sacrilege , that is , from Traytors to their Soveraign , to be Rebels to their God. And this by that Sanctified Beast , that invited them to debase themselves to Brutes , to be divested of Humanity , was call'd , a Purging of the Temple ; as if our Saviour Christ had countenanced an Extirpation of the Religion of some Christians : But though the Queen at last granted them the free and publick exercise of their Religion ; though at last she only begg'd the private use of her own , that was by such Seditious Subjects , thought a boon too great to be begg'd , by their Soveraign ; they Protest against it , Preach against it , Print against it , and Assault her House of Worship ; break the Wax Candles , with the Windows of her Chappel ; force their Queen Regent to fly to Dunbar , and then as fairly Depos'd her for being fled ; though at the same time they profest against her Deposition . And if we 'll believe a Loyal , and Learned * Author , they proceeded so far in their petulant piece of Reformation , that they Religiously Reform'd the very Petticoats of the Queen , and the Ladies of the Court , which they look'd upon as too fine for the plainness or simplicity of the Kirk : How near our present Pretenders , that have taken Arms for the Protestant Religion , will tread in the steps of their Reforming Predecessors , must be Collected from the Precedents they give us of their being but Implacable Republicans ; especially when we have nothing now to be Reform'd 〈◊〉 what they deny'd to the Grandmother of our present Soveraign , that their King himself shall not be 〈◊〉 to exercise by himself the Religion he professes , at the same time he Protests to defend all his Subjects in the establish'd Profession of theirs . The Actions of the late Rebel Scot , of the last Age , they say , squinted like their Argyle that headed them , working one way , when they profest to design another ; and they might have had as much reason to distrust the Promises of his late Declaration , the Sincerity of his Son , that succeeded him , even in a Rebellion . In the Year 1565 , when the Queen of Scots was married to Henry Stewart Lord Darnly , The Rebel-Lords instigated from the Preachings and Principles of this Knox , the Ferguson of his Age , who rail'd at the Government , and reflected upon the King ; betook themselves to Arms , and brake into open Rebellion : Lord Darnly , upon this Match being proclaim'd King , marcht against the Rebels , who fled into England ; and though through Intercession this Rebellious Business was Reconcil'd , yet within two Years after , the King was barbarously Butcher'd and Dispatcht ; but by whom , because their Historians do not agree in it , can be only best determined by Conjecture ; and must probably lye at their Doors that could Rebel against their Sovereign in an open War , and then ( sure ) as likely to set upon Him in a secret Affassination ; especially when their Principles instructed them in both ; and their Preachers had made the Murder of their King , an Oblation to their God : And besides , when they rebell'd also against Bothwell , the Queens second Husband too , as well as the first ; whom they forc'd to fly into Denmark ; seiz'd on the forsaken Queen ; secur'd her in an * Island ; compell'd her to resign her Crown ; and if we 'll credit an Authentick * Historian , were not so well satisfied with her Resignation of her Sovereignty , but that they consulted too to deprive her of her Life ; and very likely to have prevented her loving Cousin Elizabeth in England . Upon the same Principles the same Seditious Daemocraticks proceeded against her Son and Successor , that was after ward our own Sovereign , K. James , then a young Prince about 12 Years old , whom they † seiz'd at Ruthen , carried in Triumph and Constraint to Edenburgh ; from which he was forc'd to contrive an Escape , which he made by the Means of Collonel Stewart a Captain of his Guards ; but shortly afterward * ( incited by the Seditious Insinuations of their Geneva Principles brought them home fresh , hot , and reeking with Blood and Rebellion ; by one Melvill that had come from thence but a few years before , to supply not only Knox's stock of treasonable Positions , but to succeed him in his Place of an implacable Incendiary , his Predecessor expiring a Year or two before he came over ) by this Factious Fellow 's and his Associates Seducements ; did I say , shortly after the Earl of Gowry , conspire against the King and break out into an open Rebellion , which he deservedly suffered for , with the loss of his Head. Then is this succeeded by Bothwells Rebellion ; who had contriv'd to seize the King at Halyrood-House , but unsuccessful forc'd to fly , and returning better assisted , the second time effected , what only he design'd at first : But the King escaping to Sterling , Bothwell is pronounced a Rebel by the States , but yet is so well befriended by these Disturbers of all Kingly Government , that they gave him the very Moneys they had collected for their beloved Brethren in the Republick of Geneva ; by which , with other Assistances , they enabled him to fight his King in the Field . Then is that succeeded with a second of the Gowry's , the Son of him that rebell'd before , where they contriv'd to get the King to dine in their House at Perth , seduc'd him up into some higher Chamber , and there left him to the mercy of an Executioner , from which his Cry , and the timely Assistance of his Servants only rescued Him. These were the Confusions , Distractions , and even Subversions of some States that were occasion'd by the restlesness of Implacable Republicans , Emissaries of Geneva , throughout France , Flanders , Scotland , and Germany : You shall see now in the next place what disturbances they have created us here in our own Isle , what Plots and Conspiracies their Principles have promoted in England , as if in that expostulatory † Verse of Virgil , there was no Region upon Earth but what must be fill'd with their diffusive and elaborate Sedition . Queen Elizabeth was no sooner setl'd in her Throne , but they as seditiously endeavour'd to subvert it ; They libell'd her Person , set their Zealots tumultuously to meet in the Night , invading Churches , defacing Monuments , and so full at last of the Rebellious Insolencies of that Italian Republick , to which they commonly repair'd to receive Instruction , that her Majesty thought fit to hang up Hacket , with a half dozen more of them , as dangerous Subjects to her Sovereign Crown and Dignity . † When King James , who succeeded her , came to our Crown , did these Malecontents that had molested him so much in Scotland , disturb his Government here too , as much . Melvil , that Northern Incendiary , was as busie with his Accomplices here too , to set Fire to Church and State , and for that purpose publish'd several Libels against both ; for which ( being then at London ) he was sent to the Tower : And so far had those darling Daemagogues insinuated themselves , that the Hydra of a Popular Faction began to shew its fearful Faces , in the very first Parliament of his Reign , though * in that they had so fully formerly recogniz'd his Right : For in some of those several Sessions of which that consisted , one of the Seditious Senators had the Confidence to affirm in the open Assembly , † That the giving the King Moneys might empower him to the cutting the Members Throats ; an Insolency that some of our Modern Mutineers upon the same Occasions have * as seditiously express'd . King James Dissolv'd that Parliament , call'd another , and that as Refractory as the former , which instead of answering the Kings Request , draw up their own in a Remonstrance , † second it with a Protestation for Priviledges ; representation of Religion and Popery , intermedling with his Match of Spain , and several Affairs of State ; so that he was forc'd to dissolve that Politick Body too , and soon after suffer'd a Dissolution of his own Natural one , dying under the Infirmities of Old Age , and leaving behind him an old Monarchy rather weakned with Innovations of Republicans , with the worst of Legacies to his Son and Successor ; A discontented People , an Empty Purse , with a Costly War , into which he was not so much engag'd , as betray'd . And now we are arriv'd to what all the Stirs and Tumults of our Seditious Souls , our discontented Daemocraticks in the Reign of King James , did aim at and design , the Destruction of the Monarchy , which they could not accomplish till this of King Charles , in that they never left till they laid such a Plot , that at last laid all the Land in Blood , and made an whole Kingdom an Akeldama : For that they first quarrell'd at the Formality of his Coronation , because in the Sacred Part of it , the Prayer for giving him Peter's Key , was first added : This some silly Sots suggested to savour of Popery tho' , it struck purposely at the very Popes Supremacy it self . For that they begun to Tax their King for taking his Tonnage without an Act , and yet refus'd to pass one , that he might take it by Law , unless he would accept of it in Derogation of his Royal Prerogative , for Years , or precariously , during the Pleasure of the Two Houses , when most of his Ancestors enjoy'd it for life . Turner and Coke led up the dance to Sedition , and reflect upon their King in their Speeches : The Commons command his Secretary Office and Signet to be searcht , and might as well have rifled his Cabinets too : They clamour against his favouring of Seminary Priests , tho' he had sent home the very Domesticks of the Queen , and that even to a disgust to France , and a rupture with that Crown : They upbraid him for dissolving Parliaments , tho' grown so insolent , as to keep out the Black-Rod , when he came to call them to be Dissolv'd , tho' their King ( notwithstanding the provocations ) assembled another assoon , and that tho' he had the fresh President of the then King of France , That had laid aside his for a less presumption : Thus they call'd all his Miseries and Misfortunes , Misgovernments and Faults , when themselves had made him both faulty and unfortunate . They accuse him for favouring the Irish Rebellion , tho' the first disorders in Dublin were , by his diligence , so vigorously supprest ; their Goods confiscated , their Lands seiz'd , their Persons imprisoned , and such severities shew'd them by his Commissioners there , that two Priests hang'dthemselves , to prevent what they call'd a Persecution . The Scot Mutinies , upon the King 's restoring the Lands to the Church , of which , but in the minority of his Father , it had been robb'd ; assail the Ministers in the Church , in the very administration of the Sacrament , because according to the Service-Book : Protest against their King's Proclamations ; set up their four Tables at Edenburgh ( that is ) their own Councils in opposition to their King 's : Hamilton had promised them as Commissioner to convene an Assembly ; they come and call a Parliament by themselves ; which , tho' dissolv'd , they protest shall sit still , then desperate in a Sedition , break out into open War , Invite Commanders from abroad , seize Castles at home , agree to Articles of Pacification ; and then break all with as much Perjury . Lowden their Commissioner sent to propose Peace : At the same time treats with the French Ambassadour for War ; bring their Army into Northumberland and Durham , and prey upon those Counties they had promised to protect ; while the Parliament at London will not give their King leave , or the Citizens lend a penny for opposing those that came to pull him out of his Throne . At the Treaty of Rippon , they quarrel with their King for calling them Rebels , that had invaded his Realm ; the Commissioners of the Scots conspire with the English , who then fall upon Impeaching his Privy Counsellers ; and the unfortunate Strafford suffers first , because so ready to Impeach some of them ; and they make that Treason in a Subject , against the King , which was heard , known and commanded by the Soveraign . Then follows Lawd , a Loyal , Learned Prelate , and that only for defending his Church from Faction and Folly : As they posted the Straffordians , and repair'd in Tumults to their King , for the Head of that Minister of State ; so Pennington with his pack of Aprentices , petition'd against the Bishops and the Pillars of the Church : Then Starchamber must down , High Commission be abolisht : Forest bounds limited , yet all too little to please , when the Irish Rebellion followed , to which the Scots had led the Dance ; no Moneys to be levied in England for suppressing it , till the King had disclaim'd his power of Pressing Soulders , and so disarm'd himself ; that is , he was not to fight for his defence , till they had disabl'd him for Victory : They quarrel with him , because he would not divide among them the Lands of the Irish before they were quell'd and subdued , at the same time they had quite incapacitated him to Conquer and Subdue them . Then Acts must be past for Annual , Triennial , and at last , perpetual Parliaments : And whereas the Law says , The King never Dies , they made themselves all Dictators more Immortal : They were summon'd in November , and by the time that they had sate , to May , they had made of a Mighty Monarch , a meer precarious Prince : And in August following , supposing he had sufficiently oblig'd the most Seditious Subjects ( which I think he might Imagine , when he had made himself no King ) he sets out for Scotland , to satisfie them as much there , while the Senate of Sedition , that he left to sit behind him , resolv'd it self into a sort of Committee of Conspiracy , and that of almost the whole House ; made a Cabal among themselves , to to cast off the Monarchy , which the Knaves foresaw could not be done but by the Sword , and therefore cunningly agreed to second one another , for the putting the Kingdom into a posture of Defence against those dangers abroad , , which they themseves should think fit to feign and fancy at home . To carry on their Plot against the Bishops , they put in all probability that lewd Leighton , upon writing of his Plea , which was , Bring out those Enemies and slay them before him ; to smite those Hazaels under the fifth Rib : For which in the Starchamber he was Fin'd and Imprison'd ; but for his Sufferings , and the Dedication of his Book to the Commons , they Vote him Ten thousand pound . Upon the Kings return from his Northern Expedition , which was to procure Peace only with a shew of War , they having had a competent time for Combination and Plot , were arriv'd to that exalted Impudence ; that notwithstanding he was received with Acclamations from all the common People of the Kingdom , the People whom they were bound to represent , the welcome from his Parliament was to present him with Remonstrances ; and Petitions ( which against his very express order they Printed and Publisht ) of such sort of Grievances ; that sufficiently declared they were griev'd at nothing more than his being their King. They put upon his Account the thirty thousand pounds they had pay'd the Scots , for Invading England ; that is , they gave them the Moneys for Fighting of their King ; and then would have had the King paid his own Subjects for having against him so bravely Fought : They should for once too have made him responsible , and his Majesty their Debtor for the two hundred thousand pounds they paid the same Fellows at Newark to be gone , whom with their thirty thousand pounds they had invited in before : They should have made the King pay for his own purchase , and answerable for the Price the Parliament had set upon his Head. This seem'd such an unconscionable fort of Impudence , that their hearts must needs have been Brass , and seer'd as well as their Foreheads in offering it : An Impudence that none but such an Assembly were capable of : Impudence , the Diana of these Beasts of Ephesus , the Goddess of all such designing Democraticks * that to be somewhat , in the true sense of the Satyrist , must defie a Dungeon . These their Petitions they seconded with Tumult and Insurection ; sent the Justices of Peace to the Tower , only for endeavouring to suppress these Forerunners of a Civil War , when they had taken the Liberty to Impeach some of the King 's best Subjects for Traytors , yet deny'd their Soveraign to demand their Members that had committed High Treason . About the twenty eighth of January , 1641 , they humbly desire the Soveraignty ; and their Petition that BEGUN , Most Gracious Soveraign ; ENDED only in this , Make us your Lords ; for they 1st . demand the Tower of London . 2ly . All other Forts . 3ly . The Militia ; and they should have put in the Crown too . The stupid Sots had not the sense to consider , or else the resolv'd blindness , that they would not see , that those that have the power of the Army must be no longer Subjects , but the Supream power : The King , you may be sure , was not very willing to make himself none , and might well deny the deposing of himself , tho' he after consented , even to this for a time ; but what he would not grant with an Act , they seiz'd with an Ordinance ; and though they took the Militia , which was none of theirs , by Force and Arms , yet Voted against their King's Commission of Array that was settled upon him by Law ; they force him to fly to the Field , and then Vote it a Deserting the Parliament ; they necessitate him to set up his Standard at Nottingham , and then call it a Levying War ; they Impeach nine Lords for following their King , and yet had so much nonsense , as to call them Delinquents , which the * Law says none are but what adhere to his Enemies : they send out their General , fight their King , and after various events of War , force him to fly to the perjur'd Scot , to whom they had paid an hundred thousand pounds to come in , and were glad to give two to get out ; and for that they got the King into the bargain : An Act of the Scot that was compounded of all the sublimated Vices that the Register of Sins , or Catalogue of Villanies can afford ; feigned Religion , forc'd Hypocrisie , Falshood , Folly , Covetousness , Cowardize , Perjury and Treason ; for upon his refusal to Sign their Proposals , they tell him the defence of his Person in the Covenant , must be understood only as it relates to the safety of the Kingdom ; and upon the English profering them the Moneys , they wou'd prettily perswade him , that the promise their Army made him for his preservation , could not be kept ; because the Souldiers and the Army were different things , and the Army might promise what the Souldiers might refuse , and were unwilling to perform . But this purchase of their double Perjury was punisht with as much perfidiousness ; their Army got into their hands for nothing ; the poor Prince , the Parliament thought they paid for too dear : And as that Seditious Senate sought their Soveraign in the Name of King and Parliament , so now the Souldiers of Fairsax set themselves to fight the Senate , for the sake ( forsooth ) of the Parliament and Army : Good God! Just Heavens ! that could visit such Vipers , such Villains , in the same villany they committed ; and make such Seditious Hypocrites suffer by as much Treason and Hypocrisie . Their Agitators menace the King with Death and Deposition ; they make him their Prisoner ; move in the House their non-addresses ; make it Treason to confer with their King ; set up an Ordinance for his Tryal , and there Sentence , that against which Treason could only be committed as a Traytor to the State. And here then , With what face can the Faction justify such a Barbarous Rebellion , or accuse their King for the beginning of the War ? Yet such a sort of Seditious Democraticks does our Land afford : * Sidney says , Such a general revolt of the Subjects can not be call'd a Rebellion : And † Plato , Our Parliament never did as they pretended make War upon the King. Till such persuasions are rooted up out of their Rebellious hearts as well as they are in them , no Prince under the Heavens can protect himself from such resolute Rebels as will destroy all Subjection in the World , and make the blackest Treason our own Civil War but a prudential act of State , and even of Loyalty it self ; the * rescuing the King only out of those Mens hands that led him from his Parliament : But do not they tell us even by his own concession in one of their Votes , That it was the King that was seduc'd ; and must it not be the King too that they would reduce ; and by what means , why therefore they say they take up Arms ; and did they design to command their Bullets and Ball not to meddle with the King that was only seduc'd , but only to take off the evill Counsellors that were his Seducers ? I confess , could they have promis'd his Majesty so much , he might have took them for good Gunners , but must still have believ'd them bad Subjects that would have put it to the venture : But with this Gentleman it seems it was a sort of proclaimed War of the King 's , to take that * unfortunate resolution of seizing the five Members : Most Factious Fool ! did the King rebell against his Subjects , only when he came to seize actual Rebels , whom himself desired only to be Try'd for Treason , and that of the deepest dye ; for inviting in a Forreign Foe , the Scots , must not the Parliament without the King be the Supream power , if the King can be said to Rebel against the Parliament ? but this Republican that expresly makes them * Co-ordinate , may as well call them Supream ; for these Gentlemen paid off the King for his unfortunate resolution , and declare that his coming to their House was High Treason : And well might the King shift for himself , when they had made his Majesty reside in the House of Commons . Prethee for thy senses sake , who levy'd War first ? those that seiz'd upon the King's Forts , Magazines , Towns , Ships and Revenues , levy'd Soldiers ; or the King that had nothing of Military left him but the power , and not a single Company of Horse or Foot that he had rais'd : It was the twentieth of October , 1641. they brought the Trainbands into the Palace Yard , to protect themselves ; that is , to terrify their King : It was the eighth of January , 1641. that forty thousand of the Inhabitants of London put themselves in Arms , to fight fifteen hundred of the King's Horse , that were to come and surprize the City ; the one were actually Arm'd , the other never came or design'd to come : They riggout the Navy on March the 2d . the King's Militia is seiz'd , and new Lieutenants set by their Ordinance , the 〈◊〉 of March , 1641. and on the twenty third of April they deny'd him entrance into his own Garrison at Hull ; the tenth of May the Citizens are Mustering twelve thousand Men in Finsbury Fields ; the King does not summon his Yorkshire Gentlemen till the twelfth of May ; did not grant out his Commission of Array till the twentieth of June , when they had sent out their Orders and Proposals for Men and Horse , Money and Arms , the tenth ; did not set up his Standard at Nottingham till after the twelfth of August , when their Parliament had rais'd their Army the seventh of July : And this Vote of their King 's being seduc'd by wicked Counsel , from which this Sediious Daemagogue would infer the King declared to them War before , was made on the twentieth of May , which was after they had seiz'd his Forts and Militia , his Shipping and Navy , and Muster'd their Citizens in the Field . And a Month before the King sent out his Commissions of Array , and above two Months before his Standard was set up . That this is exactly truth , Consult even the Exact Collection : And whether this Seditious assertion be not a Devilish lye ; but your own Breast : And as they begun this War of Weapons in their House , so they did that of Words too ; and invading the Prerogative before the least breach of Priviledge . One * Turner a Physician , under a pretence of reflecting on Buckingham , abuses the best of Kings : Cook , amongst other Invectives , says openly , It was better to dye by a Forreign Foe , than be destroyed at home . These were but preludes to the Liberty the licentious Villains took afterward , when Martin declared to the House , * That the King's Office was forfitable ; when † Sir Henry Ludlow said to the same effect , That his Majesty was not worthy to be King of England : And Prideaux was at last come to make his Speech there , for Abandoning Monarchy ; it was so early too that they were so forward to Usurp upon the Crown , that even in this Year , 1625. they offer'd to search the King's Signet Office , and examin'd the Letters of his Secretary of State ; all this was offer'd at in the very first Parliament that he summon'd , all of which the King complain'd to them of by * Finch then the Lord Keeper , as things unwarrantable and unusual ; they prosecuted too Buckingham with the more violence , only because the King had told them , That he acted nothing of publick Employ without his special Warrant ; That he had discharged his trust with fidelity ; That he had merited it by desert , and that it was his express Command for them to desist from such an unparliamentary disquisition : And for my part I cannot apprehend , how according to common sense and reason both in this case and Strafford's that succeeded ; they could make those Traytors to their King , of whom their King declar'd they had never betray'd their trust : It was such a sort of Treason against their King , which their King knowing and approving did not think High Treason , and the person against whom it could only be committed , apprehending no Commission of it at all . But those Statesmen were so unhappy as to live in an age that made Treason as unlimited as ever it was before Edward the Third , and which for all his * twenty fifth , and the first of Mary , restrained Treason to conspiring against the King , and the Laws of all the World makes it a Crime only of † Laesae Majestatis , they could bring it now to a levying War against the Majesty of the * People . A hard fate for many Ministers of State , that are sacrific'd sometimes , only for serving too well . But these proceedings against the King were long I hope , before the King proceeded only to take Traytors out of an House of Commons ; this was seditiously done in twenty five , the other not lawfully attempted till forty one . And judg now malitious Miscreants ! where , when , and by whom were the first provocations given to discontent , and who were the first Agressors in a barbarous and a bloody Civil War ? Why don't they tell us too our present Soveraign invaded first the Rebels in Scotland , and those that 〈◊〉 at Lime ? The next age may as well be brought to believe this , as the present that . All that their best Advocates ( unless absolute Rebellious ) can urge in their defence , is , the Parliament seiz'd only upon the King's Forts , for fear he should fortify them against the Parliament : very good , that is , they first made War upon him , for fear he should make War upon them ; that 's the English trick of it : And I can tell it them in a Spanish one too ; so Gondamor got Raleigh's Head he told them , not for the mischief he had done them , but for that which he might do . But had not the Laws provided so particularly for the King , this would be madness and cruel injustice even among common Subjects ; reduce us both into Hobs's his state of nature and his fear , to kill every one we meet , for fear of being kill'd ; or set our Neighbours House a fire , for fear it should catch of it self and consume our own . And now be witness even the worst and the most warm Assertor of a Common-wealth ; in this case be for once what you so much affect , Judge between you and your King. The King had his Court of Starchamber constituted by a Common Law , and confirmed by special b Act of Parliament : The Commons they send up a c Vote and Bill for suppressing it : The High Commission was establisht by the d Statute of the Queen , the Commons come and would put it down with a e Vote : The Court of Wards and Livery , the tenures of which were even f before the Conquest , and drew Ward and Marriage after it ; was establisht by particular g Act ; the Commons clamour to have it supprest , which to please them is done . The King had several priviledges that belong to the Clerk of his Market , confirm'd by ancient h Custom , and i several Statutes , abolisht by the Parliament in the Year 1641. The k King had the Courts of his Forests , his Judge in it constituted of old by Writ , then by l Letters Pattents : This was a grievance which was never before , and therefore must , and was supprest with the rest : The m Law required no person was to be Imprisoned , or put out of his Lands but by due course and custom : None to be adjudged to Death but by the Law establisht : they n confined several of the Kings Subjects , send the Bishops by order of the House to the Tower ; and by special Bill attaint Strafford ; and Behead Laud o with an Ordinance . Resolved by all the Judges in Queen Elizabeths time , that to levy War to remove evil Counsellors is High Treason against the King ; they past a Vote ; p that the King was seduc'd by evil Counsellors against whom they levied War to remove . There is a q special Statute that says expresly that the Subjects that aid the King shall not be molested or questioned : They publisht their Declaration , r That it was against the Laws and Liberty of the Kingdom to assist the King , that the Sherriff of the County ought to suppress them : The s Law makes those Delinquents that adhere to the King's Enemies : they t Vote those that serve him in such Wars Traitors by a Fundamental Law : The u Statute provides that the Parliaments should assemble peaceably ; they by particular order bring Horse and Foot into the Palace Yard . In short , The Parliament first seizes the Militia , against an express x Act that setl'd it solely on the King : The King sent out after his Comission of Array , for which he was impower'd by y Act of Parliament : The Parliament order the raising an Army against the K. declared Treason by special z Act : The King then Summons his Subjects to his assistance at a York , and comes and sets up his Standard at Nottingham , & for that was warranted by the Laws of the Land , and b several Statutes of the Realm . I have taken this pains both to prove that bloody War , that general Revolt , to be a plain Rebellion ; and that the War it self was begun by those that were the only Rebels , the Parliament ; because you see that both those positions have been laid down among our * Republicans ; either of which should it gain credit , is enough to run us again all into Blood : And both together as false as Hell , and can be the Doctrine of none but what 's the Author of all Sedition ; the Devil . These were the Plots which they practis'd upon that poor Prince , whose Sincerity was always such , that he could not suspect in Nature such a sort of designing Villains ; nor humane Wit , well imagine such ingrateful Monsters , that for their King 's continual Concessions to better the Conditions of his Subjects , should still Plot upon him to render his own the worse . Here we saw what all these Positions , Principles , Practises ; all their Preaching , Praying , Printing did tend to , and terminate in ; the People enslav'd , the Monarch murder'd , the Government undermin'd : But as these Maxims of our Democratick's were destructive to our Monarchy , and produc'd ( as you have seen ) those Plots and conspiracies that subverted it , so shall we see by subsequent Events , and be inform'd from as much Matter of Fact , what I have heretofore insinuated , only from the force of Reason , that the same Principles after they had set up their Commonwealth , made them Plot too upon one another . When the Parliament had imprison'd their King , whom they bought for a Slave , confin'd him with a merciless Cruelty at Holdenby-house , then a Castle and Garrison ; and by that Act made him no more a Monarch , but a Prisoner of War ; themselves no more his Subjects , but his Masters and Sovereigns ; the Parliament having had so far the End of their Plot upon the King , now the Army take their Turn to Plot upon the Parliament , who when they had made their Monarch accountable to their Memberships , might as well sure expect by their Servants to be call'd to account . The Parliament when they had wrested the Sword out of the King's Hand , knew themselves the Supream Power , and were as certain they could as soon send him packing with his Supream Right : The Soldiers now are sensible that the Members of the Army have that Sword in their Hand , which the Parliament took out of the King 's , and see no reason why they may not make themselves the Supream Parliament ; ( for this their Original Right of the People over the Magistrate , will always I warrant you , be appropriated to that part of it that has an Actual Power ) and that they found , for Cromwel conspires with his Adjutators , who ( like provok'd Beasts ) begin to be warm'd into a perception of their own Strength ; which even when a Horse comes to know , to be sure , he 'll throw his Rider : For this he fools his Fellow-Senators with a Suggestion of his readiness to suppress any Soldiers Insurrection , at the same time that he set them on to rise . The Parliament had plotted by Subscription and Petitioning , to advance their Power upon the King ; their humble Servants the Soldiers now subscribe , petition that the Parliament would be pleas'd to submit to their Power , send to the Good Houses at Westminster the * Representation of their Army , that they ( forsooth ) were the Delinquents now , and that they be speedily purg'd of such Members as for Delinquency were not to sit there : They make eleven of them Traytors , † impeach them of High-Treason to the Army , when both Impeachers , and Impeach'd , had forfeited their Heads to the King : They had Counterplotted this with an * Ordinance of the House for the Disbanding the Army ; but the Army found they had a more fearful Ordnance for them in the Field ; they had under their Command the Militia of the Camp , and so resolve to command that too of the City : The Contrivance for this is first Fairfax his Remonstrance , to which the Commons † submit ; but for that the Apprentices that had served them before against their King , come now in as * tumultuous a manner , and frightn'd them into a Flight to the Army , that so their City might retain its Militia . The Westminster-men that stay'd , plot against the Men at Windsor that were fled , call in the Members that their Army had impeach'd ; for this the † Soldiers sign an Engagement , send a Remonstrance , and themselves as soon conspire to follow ; march toward the City , draw up at Hownslow-heath ; send their General with a Party to make a new Parliament , or patch up the old . To prevent the Personal Treaty with the King , they drew up their Agreement of the PEOPLE , resolv'd on their Votes of Non-addressing , which recall'd , they again re-extorted , rejected the Lords for refusing to Judge their King , whom having dispatcht , there remain'd the Rump , that is , the remnant of the Commons ; the Creatures , or rather Created Council of an Army , and all the late flourishing Democracy of the long Parliament and the two Houses , turn'd into a perfect Oligarchy of Officers : And all what those Devils had possest themselves of by Treason before , torn from their hands by a Legion of worse , with as much Treachery and Plot. And one would think that all Plotting , that all conspiring should have been over now ; but you shall see that the same principles that prevail'd upon the Rebels to ruin the Monarchy , and run it into a Republick ; that promoted the Army to destroy the then Democracy , and so set up their own Oligarchy ; did also incite a single Usurper among those few to set up for himself , and turn it into true Tyranny : Their own positions first plac'd the Supremacy in the Parliament ; because the two States were greater than the King that made but one : The Army places the supremacy in their Sword , because it was greater in the Field than the two States in the House ; and then comes Cromwel and setl'd the supremacy on himself ; because the sole Commander of all the Army : his success at Dunbar , and the routing of the Scot , did so much his business , that there could remain but little opposition of a Rump ; and a Man that is made by a weaker power but once a General , can soon make himself by his own strength the Generalissimo ; he had formerly been so prevalent as to procure Petitions , Addresses , Remonstrances , for the establishment of that patch'd piece of Parliament ( and all our Metaphysicks will allow , that what can create , can as soon annihilate ) he found his Omnipotency in this point , he knew he had set them up against all Right , and therefore had the more to run them down without Wrong , and that as he did design , so he effected too . It was indeed a Parliament of Soldiers , and he serv'd them like a General , only by signifying to them to Disband , and they not daring to deny , determin their sitting to be on the fifth of November following : But he not willing to tarry so long a Servant to those he could command to obey ; those that would not so soon Disband ; he comes and Cashiers by April , 1653. and with his Lambert and Harrison sends packing that everlasting Parliament . And now here is the result of their principles in a second Plot upon themselves , and a new model of Government ; for the former they had abolisht was but the Government of a few , an absolute Oligarchy , tho' they were pleas'd to call it the Common-wealth of England , as if it had been but Democratical , when not the tenth part of the People were represented by those Administrators ; but so they had the confidence to call them a Parliament too ; but their words had commonly as much sense in them as their actions had Loyalty . But Oliver having Plotted them out of all , had now no great need of any Politick Plot for himself : It would puzzle now our Politicians to tell me where at this time was their * Supream original power of the People , their natural Liberty , and that Delegatory right they are to communicate to Representatives : There was no King , no Parliament , no Rump , and as yet no Protector : The Disciples of Mr. Sidney's Doctrine must say , forsooth , The Supream Power was then in the People ; ( but as the Devil would have it ) Cromwel had got the supream strength : Strength and power I confess , are mighty different , and just distinguisht by the same Metaphysicks the Scots put upon the King at Newark , when they would persuade him , The Army was one thing , and the Soldiers of it another ; but if this People had then the supream power , why did they not assemble themselves into a Parliament , since there was no Writ from above to call them to the Assembly ? But our History tells us , Oliver call'd it , and what for ? why say our Republicans , That the People might confer upon him their supream original Power , which he could not assume without their consent ; very good : So Cromwel was willing this supream power should be settl'd upon him by Parliament ; therefore he calls the Parliament ; i.e. gives it the supream power , & they in common Civility could not avoid to give it him again : But where but a grain of sense settle this Supremacy , in him that call'd them to assemble , or in those that were assembl'd at his call ; I confess , if the cunning Canary Birds could but contrive , as once they did design , such a rare Parliament , that like the Bird of Asia , should rise from the ashes of it's Ancestors , we might have one then , not only long , but everlasting . But even this , tho' then , attempted to have been enacted , would have been but Nonsense and absurd , and sit only to have past in that Parliament which he call'd ; who made many * Laws just as ridiculous , for thosethat have a power to dissolve themselves , by the same reason would have a power to summon another , and then must is sue out their Writs either before their dissolution , or after ; if after , then it is without authority , and by no part of the Government ; and if before , then a new one must be summoning before the old is dissolv'd ; and if the Writs should be but of force from the time of dissolution , the Country Electors must be said to be conven'd by the supream Authority that is dissolv'd . Cromwel and his Conspirators foresaw they would be confounded with such absurdities , and they found themselves plung'd into as much confusion ; and then , pray , what did they do with this Sidney's supream original power that they did not know what to make of , or how to use , tho' it lay upon their hands ? why , they surrender it to a single person , from whom they thought they had it , and so the Usurper had his design The next Plot was , how they could play the Knaves to get that Power again , which they thought they had parted with like Fools : Cromwel was cunning enough to hold what he had gotten , and never parted with it but with his Breath ; tho' the Levellers , the Anabaptists and Fifth-Monarchy Men conspir'd for Insurrections , and Lambert himself left little undone to supplant him . But when his Son succeeded , whose silliness only made him not sit so long a Usurper , they soon found opportunity to set him aside : As they had pleas'd Oliver with making him a * Mock King , so he to pleasure them had mock't them with an † House of Lords : And Richard's first Parliament , being made up of most Commonwealthsmen , fall foul upon that new Constitution which was indeed as filthy , they take themselves , without the Protector and that other House , to be the Supream Power : Lambert and Fleetwood that first upon the Principles of these Rebels and Republicans had promoted the Affairs of the Father , fall now to Plotting upon the same grounds of LIBERTY ( which with Daemocraticks is to do what they list ) to depose his Son ; and 't is no wonder that those should fail in their Faith to a Rebel , that had revolted from their Prince : For this therefore they have freequent Meetings at Wallingford House , and the Parliament seeming as uneasie under him as they , and they as uneasie under the Parliament , they send Desborough to get its dissolution to be signed by the Protector ; at the same time they make their Messenger to dissolve it by themselves . Richard signs it , and presently after is forc'd to his own Resignation , and that to just no Body ; and all is brought to what all such Principles and Practises always tend to , perfect Anarchy and Confusion : The Protector here quarrels with the Parliament and the Army , the Parliament with the Army and Protector , the Army with the Protector and Parliament ; till at last they leave us neither Parliament , Protector , or Army . When they had brought the Government to be just no where , Richard having been Plotted upon to resign to just no Body , some of the rebel Rump , with Lenthal their Speaker , Lambert their Officer take it up as Scavengers do a piece of Silver they find in the kennel , or dropt in the street ; these by the Army are declared a Parliament , because they resolv'd themselves to be so first , and the People at present could not tell where to find out another ; the secluded Members offer'd to run in too , but were Fools for their pains , and repuls'd with as much violence ; for they might well have foreseen and imagin'd , that those that threw them out before , had their Swords in their hands still , and to be sure were much rather for their room than their company ; and that they found , when they set their Souldiers with their Swords drawn to keep them out , and their most Legislative Arms soon suspended them from the medling in the making of Laws . Thus re-instated and establisht into that Oligarchical Tyranny that first turn'd off all Monarchy , and took off the King's Head , and this re-establishment of the most desperate Rebels confirmed with the approbation of the Army ; one would have thought their very Master , the Devil , could never have undermin'd or made them again to miscarry . But yet so it happen'd ; for these Principles of our Republicans , having made all obedience meerly precarious , and utterly defac'd the Doctrine of the Gospel , to be subject for Conscience sake , as well as repeal'd the Oaths of Allegiance that required them to be so by Law : Why now , they were left at liberty , and truly did as licentiously practise ; the 〈◊〉 any frame themselves had establisht , and that too , before they had consider'd what to set up . I won't insist for it here , upon the Insurrection of the Cheshire men , and the business of Booth , which by my little light of reason , and the not unlikely Remarks to be made from the least History I have read , was really a design to supplant this restored Rump : Headed by one of the most eminent of the secluded Members , that probably in meer revenge resolved upon a Free Parliament ; that is , because they had not the Freedom to sit with them that secluded them : But that Plot which gave them the lift again now , was that of Lambert himself that had lifted them into the Saddle ; where himself design'd they were not to sit long : For Oliver , having taught him the way to a Protectorate , as well as ( 't is thought ) promised him in it a Succession , was resolv'd to leave nothing unessay'd to settle himself in that power , to which he once thought he should otherwise succeed : and being Commission'd by these Masters he had made , and sent to suppress this Presbyterian Insurrection , which he did with success ; he found it too the most seasonable time to carry on his design , and so carresses his Soldiers into a Seditious Tumultuous Petition for a General to be set over the Army out of the Soldiers themselves , for these Swords-Men could not relish that the Gown , the Speaker , a Lenthal ( that then lookt like the Generalissimo ) should Lord it over Arms , that is in English , be above their Lambert . The Men of Westminster made a shift to keep up so much Courage as to make this Remonstrance dangerous to the Commonwealth , and Vote the Commissions of the Wallingford Men to be void : But Lambert , that had shuffl'd so well , and pact his Cards with Oliver , knew how to play them now as well for himself ; and therefore as * Cromwel had turn'd them out of the House before , he comes and keeps them from getting in , insomuch that when Lenthal came to the Palace Yard , he could see nothing but Lambert and his Soldiers set to keep them out ; and so the Rumpers retreat again , are put out of possession of all , Lambert left an absolute Generalissimo , sets up his † Committee of safety , in which to be sure himself must sit as President . In the next place they fell a Ploting to get themselves in , that had been so often at in and out ; and for this they put up Petitions for a free Parliament from all Parts : 〈◊〉 runs down to Portsmouth , which Revolts , and those that were sent to reduce it turn Renegadoes ; Lawson and his Fellows in the Navy declare against the Committee ; Fairfax favours the Rump , and raises Forces , and they fell secretly to the Listing of Soldiers in Cornwal and the Western Counties ; and 't was time then for this Council of Safety to look to save themselves : but nothing frighted them more into the re-admission of the Rump , but the unresistible march of the mighty Monk ; that Fabius of our Isle , that like the Roman Cunctator , restor'd us our King by his prudential delays , for these Rumpers 〈◊〉 return'd again into the House , were far enough from declaring for a free Parliament , which they still cla mour'd for so much when they were shut out : Nay , they would not so much as suffer the secluded to sit among them now neither , till the good General came and settl'd them himself ; and now , tho' all the Villains were in again that had begun the War , unless such as dy'd in the Rebellion ; tho' they saw all the sad effects and confusions they had brought upon the Kingdom ; yet so far were the Rebels from remorse , that they justify by * Vote the War with his Majesty , and past two more out of a perfect Plot and Design to keep the Royalist from being returned in the Parliament , that was to ensue their Dissolution ; but Dissolv'd they were , and that in effect by the good General ; and their Plotting Votes against the Royalist and the Restauration prov'd as illusory and vain . Thus the Principles and Positions of these discontented Democraticks , and implacable Republicans , made them still uneasie under those very Establishments they set up , confounded them so , that they did not know how to please themselves , but still kept Plotting one anothers Ruin and Destruction . The King was by miracle restored , whom Heavens by its repeated Providence had preserv'd ; and one would have thought such a signal signification of the concern God himself had for so good a Government , should have made even the Devil himself despair to undermine it , when founded even by a divine fate ; and to destroy the Monarchy , look'd like a Design to circumvent the Almighty . But no sooner was our Sovereign Seated in his Throne , but they Plot again to pull him out . And the first was that of Venner and his Fift-Monarchy Men ; their Leader a silly Cooper that had liv'd sometime in New-England , but come home , set up a Conventicle in Coleman street , and made their consult of Conspiracy in the very place they came to pay their Devotions , endeavouring to reconcile as near as they could their very Religion to be Rebellion . On Sunday the sixth of January , the day before they design'd their excursion ( as if the Sabbath were to sanctifie Sacriledge , and atone for Blood ) they linger'd it out a little too late in their Assembly ; so that their Landlord , a little Jealous , listning at the door , perceives through the chink that this Godly Convention were doing the very work of the Devil ; and instead of their Sighs , Groans and Tears , and such harmless spiritual warfare ; their Sword of the spirit was turn'd all into steel , and all Arming themselves with Back , Breast and Head-piece , of which he gives notice to some Officers ; but they in a little while after issuing out , march through several parts of the City , kill'd some of the Watch , repell'd a Party of the Train-bands , and so march't through Aldersgate to a place nere the City , call'd Cane Wood. But on the Wednesday morning after they return to renew their Rebellious design ; they divided themselves into Parties , and about Leaden-Hall fought it out obstinately , and too stoutly with the Trainbands : But some of the Guards , Commanded then by the Duke of York ( and now our present Sovereign , whom Heaven protect to defeat all Rebellions ) with the General and his more disciplin'd Soldiers soon made them give ground and retreat , and at last run away in as much confusion . Colonel Corbet routs another Party of them about Wood-street ; and such inveterate Villains had the Preaching these Principles render'd them ; that when they were broken and dispers'd , they would refuse Quarter ; sixteen or seventeen being taken , were at the Old 〈◊〉 Try'd , Convicted , Sentenc'd , five or six Pardon'd , andthe rest Executed . In December was detected another Plot and Conspiracy carrying on : One William Hill , one of the Accomplices , or a pretender to be so , discovers it . A Plot they had of confounding the Rogues ( as they call'd it ) at Whitehall , imparted to him by one Baker , one of Oliver's Yeomen of the Guard , upon presumption that he would side with them , who brings him acquainted with the rest of the Conspirators ; their Design was with four or sive hundred Men to surprize the Castle of Windsor : Riggs , one of the Conspirators told him of the Arms lodg'd in Crutchet Friers , that five hundred had been dispers'd , that they design'd a desperate assault on Whitehall to deliver them from the Tyranny of that Outlandish Dog , for so they call'd the King : That 〈◊〉 was to be their General ; that all other Officers were agreed on ; that the Tower was to be betrayed to them ; Letters dispersed to amuse the People with a Massacre from the Papists , one of which , on the Tryal of the Conspirators , was produced in the Court ; they told him they determin'd to rid themselves of King , Queen , Dukes , Bishops , all should go one way ( as they call'd it ) and the Insurrection was to be on the Lord Mayor's Night : Upon this Discovery one Tongue and five more were Arraigned , of which one Phillips , and Hind confest the Fact on their knees at the Bar , were pardoned , the other four Convicted , Condemned and Executed . In March , 1663. a Plot was Discovered in the North of England ; the principal Contrivers of it being imparted to the King , were secured from proceeding further . And in 1666. when the King returned from Windsor to Oxford ( the Pestilence being abated , tho' the Plague & product of their Pestilential principles remained as raging . ) Another Conspiracy of discontented Officers is detected , for Conspiring the Death of the King , Plotting the surprisal of the Tower , Firing the City : They had two Councils sitting , one in London , to issue out all Orders upon the place ; and another in Holland , that assisted them with Instructions ; the third of September was sworn to be the day of Design , for which eight several Persons were Sentenc'd , and suffer'd Death . In the same Year the Rebellion broke out in Scotland at Pentland Hills , where the Covenanters fought the King's Forces , and were defeated . In 1675. the late Lord Shaftsbury , a Person eminent even in the late Combustions , and the Civil War ; a person that was but just before preferr'd by his Prince , notwithstanding the many Services he did to the Rebels , and an actual being in Arms for the Parliament : But he thinking himself too little obliged by the Crown , that had never deserv'd the least obligation , Plots for the Dissolution of that Parliament , that as it had settl'd , so preserv'd the very frame of the Government from being dissolv'd ; and because he could not compass it from the King , contrives that it should pass currant , that it was Dissolv'd of course , because Prorogu'd for fifteen Monhs , contrary to the Acts of King Ed. the Third , that required one to assemble , once at least in twelve : The Duke of Bucks is made to move it in the House , seconded by Shaftsbury , Salesbury and Wharton , and for that all four sent to the Tower ; but however had dispers'd the Design so far , that the Stalls were all cover'd with Papers and Pamphlets to prove them Dissolv'd , which had it been then effected , had only reduc'd us to those Confusions that the unhappy Dissolution in four years after did unfortunately bring about . In March , 1679. the same Incendiary , the Beautefeu of both Kingdoms , contrives a most silly , canting , ridiculous Speech , and said to be spoken by Shaftsbury in the House of Lords ; the * substance of it being a declaiming against the Sufferings of Scotland ; many Copies of which were as Seditiously sent thither , & so animated and incensed the zealous Scots , that they soon after set upon the Bishop of St. Andrews , barbarously Murder'd him ; and our Seditious Senate , the Lower House , seconding that Lord's Speech with a Remonstrance against Lauderdale , they soon resolv'd for open Rebellion ; and that they begin at Ragland in Scotland , where they come and Proclaim the Covenant , burn Acts of Parliament , attack'd Glascow ; but the result of that was , that by Bothwel Bridg the Rebels were defeated , all running away upon the playing of the King's Cannon in a perfect Rout and Confusion . At the Sitting of the late Parliament at Oxford , there was some intimation given the King of a Plot and Design to have seiz'd his late Majesty , and kept him confin'd , till by that he had been made complyant to pass the Bill of Exclusion ; his Majesty was so far satisfied of it , that he Dissolv'd them as suddenly , and so frustrated the Design . This was proved afterward upon Oath , at a special Commission of Oyer and Terminer at the Tryal of * Stephen Colledg the Joyner , at Oxford , who was sworn to have imparted it to the Evidence , and that he rid down for that purpose thither Arm'd ; for which and several other Treasonable contrivances he was Arraign'd , upon full Evidence Convicted , Condemned , and accordingly there suffer'd . That Plot being prevented at Oxford by the Providence of God and the Kings ; the Faction still pursu'd the Conspiracy , for which many Consults were held at the late Lord Shaftsbury's House ; which upon suspicion was searcht , and himself , upon Information and Evidence to the King and Council , was seiz'd ; the result of which was , they found a Paper in his own 〈◊〉 , Intituled , An † Association , the Plot and Design of which was , that since they could not Exclude the next Heir of the Crown by Bill and an Act of Parliament , they would get Subscriptions , to do it among themselves ; that is , set their Hands and Seals to a Rebellion ; for the concluding Clause was absolute Treason , and oblig'd them to Swear Obedience to their Fellow-Subjects , and that they would Obey the Major part of Members after the dissolution of the Parliament ; for this he was Indicted , as also for designing to compel the King to pass the Bill at Oxford ; for conferring with Booth , Hains , Smith , and other of the Evidences , in Treasonable Consults ; for saying , The King ought to be Deposed , and , that he would never desist , till he had brought England to a Common-wealth : All agreeable to the very Principles he profest , to the Practises and Designs he had before Engag'd in , and the Discoveries of his Treasons that have follow'd since ; but the Grand Inquest being pact by Papilion a Partial Sheriff , and compos'd of Jurors as much prejudic'd , the Bill of Indictment was brought in Ignoramus ; an apparent Rebel acquitted , and carried off in Triumph with the Shouts and Shoulders of the Rabble . In July , 1683. was Discover'd the bottom of all these Preliminary Plots and Conspiracies , in the Design of the most barbarous Butchery of the best of Kings , our late Sovereign , Charles the Second , with the Assassination of his Royal Brother , our present Sovereign : For this they had engag'd in the Consults , Men of all sorts of Conditions , Lords , Knights , Gentlemen , Lawyers , Malsters , Olymen , Clergy and Lay ; the first Contrivance was , for Assassinating the Royal Brothers as they past by the Rye , the House of one Rumbald , coming from New-Market : but Heaven turn'd a Judgment even into an act of Mercy for their Deliverance ; and the Fire hapning there , made them prevent the Rebels in their return . Then the Play-House was propos'd to be the Shambles for this Butchery , and several other places , but the Conspirators disagreeing in their Approbation , hinder'd its execution so soon ; upon the Discovery of one Keeling , an Accomplice , touch'd with remorse , or apprehension of danger : All the Conspirators fly , from whom Shaftsbury , that Arch-Rebel , was before fled ; some were afterward found out , came in for Evidence , upon which several were afterward Convicted and Executed . At the Tryal of my Lord Russel , the very Morning he was Arraigned , the Earl of Essex , Committed for the same Conspiracy , whether out of sense of Ingratitude to his Royal Sovereign , by whom he had been preferr'd to the highest station of a Subject , even that of being his Vice-Roy , or whether out of fear of his fate , and fearful of an Ax , dispatcht himself with a Razor : For Defaming of the Government the next Plot is to make this a Murther of State , and one Braddon , out of Seditious industry , deals with one Edwards a School-Boy to Testify , he saw a Hand throw a Razor out of the Window ; with this matter well manag'd , King , and Council , Sir Henry Capel , and then the whole Kingdom must be canvast for ; and he having an Indefatigable Desire to fasten a Scandal on the Government , as well as an Impudence not to be baffl'd or defeated , to solicite the business farther , one gets Speke , a known Favourer of any thing that is Factious , a warm spark that would be soon hot in any such pursuit , to lend him a Letter of Recommendation to a Country Knight , but with both their bold fronts , they could put no such bad face upon the business : for it was Discover'd to be the basest Design the most malicious Miscreants could undertake , and they both Try'd upon an Information of High Misdemenor , and Subornation , ( that is ) the Pimps to Perjury , for which one was Fin'd one thousand pounds , and the other two . To second this Unsuccesful Plot , about Christmas last they disperse the most Divilish and Malitious Libel that Falshood and Folly could Invent , leave it at the doors of the Loyalists ; and its Design the same with those Suborners , to fasten a Murder upon the late King , our present one , and some Ministers of State , with such silly Insinuations , as of themselves do defend them from that Villany they would affix ; first , from their being then walking in the Tower ; and can the most Factious Fool Imagine ? Can but bare Humane Sense be so silly , as to think the Contrivers of such a suppos'd 〈◊〉 would be present at its Execution , and look upon it as the likeliest way to keep it private , was to appear in it publickly ? Preposterous Sots ! Do not contradict the best Evidence , that of Common sense , tho' you would the Coroners : Another is , from the Discovery of one Haly , that was found Murther'd , to be the Warder , in whose House the late Lord of Essex lay , upon which the Libeller in a long , tedious , impertinent Discourse , Iasinuates the probability of that Fellow 's being dispatch'd , for fear of telling Tales ; but how does Heaven infatuate those Fools that it would destroy ? The 〈◊〉 perjur'd Wretch is forc'd to beg the World Pardon , in his own Postscript , and to tell us the truth , in spight of his design to lye ; that this Unfortunate Fellow that was found Dead , was none of this Warder that he meant , and that only the similitude of the Name made the mistake , then from the disagreeableness of Bomeny's Testimony with the other Informant , because not verbatim he says the same , therefore they must be both 〈◊〉 : Seditious Sot ! Why so senseless too ? Will not Common reason for that very thing , confirm them both to be the more truth , for when there is a Conspiracy , to make Affidavit of a lye ; there they can soon confer , and commonly do too agree in words as well as substance , and sense might well suggest , they had learn'd their Lessons pretty perfect , upon such a verbal Agreement : But this Masterpiece of most Malicious Plot , was with more sublimated Malice , contracted into a Compendium , only that it might be propagated the sooner , spread the farther when in short , of which Condensed or Abstracted Treason , the Spirit and Essence of Sedition , one Danvers was Discovered to be the Author ; a Villain , whom the Devil in Design , could not render more vile , an Anabaptist for Profession , an Officer of Olivers , for Rebellion , and now a Fugitive , for fear of Apprehension ; for whom a Warrant was issued out , Posted , publisht in the Gazette , and an Hundred pounds proffer'd for any to take him . As these late Plots and Conspiracies were contriving all along in England , so did the Scots carry on the same Treason : Argyle , an Hereditary Rebel , that seem'd to have his Soul and Treason from Ex traduce , being attainted by the Law of their Land , for a Factious Explanation of the Test , and tho' Justly Sentenc'd to Suffer , yet the Government that had given him his Estate , had no design upon his Life ; makes his Escape out of Prison , in which in effect he enjoy'd his Liberty before , gets over into Holland , confers with our English Fugitives , then sends Letters from . thence to the Scots , to incite them to Rebel , some of which were Intercepted upon Major Holms , and known to be his own Hand , Spence and Castares , his own Emissaries Confessing the Correspondence they had with their Rebel Friends in England ; and the Cochrans , Melvil , Baily , are found to have been here in England , and Agitating the Conspiracy , for which , upon full Evidence , the said Robert Baily was * Convicted , had his Arms Expung'd , himself Hang'd , and his Body Quarterd . But notwithstanding all this Evidence , as clear as the Sun , and all their deeds of Hellish darkness brought into as much light , as the Lamp of Heaven it self affords : Their infatuated Fools were still so much blinded and besotted , as to represent it all for a Plot of the State , only for involving some of them in a Conspiracy ; and the King must be presum'd to design upon himself , only to trepan them into Treasonable Designs : For this , several Letters are dispers'd into the Country , some of which being Intercepted , were found to be one Sir Samuel Bernadiston's , a wealthy Citizen , whose Estate , with a great deal of Money , and as little Wit , serv'd only to make him more wickedly , and less wisely Seditious ; for nothing but the pride of a Purse , or the not valuing of a Fine , could have made a Man guilty of so much Folly , at a Season when they were in an hot pursuit of an Hellish Conspiracy , and the Blood of those that had suffer'd for it , hardly cold : For he lets them know that the Protestant Plot is confounded , quite lost , that the Evidence of it , the Lord Howard was to be sent to the Tower , and that all the Prisoners that lay there for the same , were discharged ; that Sidney that Suffer'd for it , was Pardon'd ; that Braddon that was Fin'd for it , was no farther Prosecuted ; all rank Lyes , as well as lewdly Seditious : And though his kind Council was pleas'd to mitigate the Information , as if the Malice was not so apparent ; that will not mince the matter ; for tho' the circumstances , and the plain matter of Fact , make it the most malitious piece of Faction 〈◊〉 , yet moreover , the very mass of his Blood was tainted with as much malice , and his very Relations actual Rebels , and in Arms against their Sovereign ; our Sir Thomas Bernadiston being a Colonel of a Foot Regiment of Rebels , at the Siege of Colchester , which I can make appear from an old Map of the Siege , where he may see his Father or his Brother , Firing upon his Majesties Subjects . But these Factious Papers being prov'd upon him from his own Hand , and the Testimony of his Servant that Superscrib'd them ; they found him Guilty without going from the Bar , for which , in the King's Bench , he was afterward Fin'd Ten thousand Pounds to the King , Bound to be of the Good Behaviour during Life , and to be Committed till 't was paid . But after all , as if they did endeavour to silence their own Advocates in their Defence , and that Impudence it self might not endeavour to smother their secret Conspiracies , they break out into that open Rebellion , for which they had Conspired , and Invade the Kingdom , as if they design'd only to prove the Plot : For in April , 1685. Argyle lands , with Men and Amunition brought from Holland ; in one of the South-West Isles of Scotland , call'd Yyle , or Ila , and their seizes all the Arms , Horses , Men , and other Necessaries to make up an Army , some of his Heretors come in for Assistance , with some few of his Dependants and Relations , of which of the most note , were his Sons , and one Achinbreck , of which Name there is a Castle or Town near those Isles : For a Month or two they kept Sailing about Boot , Cantire , and the rest of the Islands thereabouts , sometime landing , then setting out again : But about the nineteenth of June , the Lord Dunbarton having notice that the Rebels had past the River Levin , above Dumbarton Town , and taking their way towards Sterling , overtook them in the Parish of Killerne , but being late in the Evening , did not Attack them ; but by the Morning , the Rebels were march'd off toward the River Clyde , which on the seventeenth they past , but pursu'd by the King's Forces , and Cochran carrying them by mistake into a Bogg , they soon disorder'd and dispers'd : The late Argyle was set upon in his flight towards the Clyde , by two of Greynock's Servants , receiving a Wound on his Head , dismounted his Horse , and ran into the Water , where a Countryman fell'd him , so the Soldiers carried him to their Commander , from thence to Glascow , and then to Edenburgh : Among these Rebels , were several of the blackest Conspirators of England , that were fled for the same , Rumbold himself , the Malster at the Rye , by whose House his late Majesty was to be Murder'd ; as also one Captain Ayloff , mention'd in the King's Declaration , were both there taken ; Rumbold fought desperately , and Ayloff so despair'd , that he ript up his Belly . Rumbold was afterward Arraigned for Invading the Kingdom with the rest of the Rebels , had Sentence as in Cases of High Treason , and was accordingly a Hang'd and Quarter'd ; and the next day the late Lord Argyle , their Arch-Traytor , b Beheaded . And now that their Plot might be prov'd as plain in England too : About the beginning of June , Monmouth landed at Lime in Dorsetshire , of which he possest himself , having with him three Ships , brought into Town about two hundred Men ; some of the Seditious Souls , and as silly , of the Country , ran in to his Assistance ; upon falling of the Tide ( as t is thought ) they made an Excursion upon the Sands , to the Town of Bridport , which they enter'd by the Back-side , and surprised in it , Mr. Wadham Strangways , one Mr. Coker , and Mr Harvey , Officers for the King , the two former they kill'd , wounded the latter , seiz'd some Horses , and went back to their Quarters at Lime , where while they lay there , a Party of the King 's met some of the Rebels , had a Ran counter , kill'd about twenty three , aud made them retire : From thence they march toward Taunton , seizing all the Horses they could meet with ; no Gentleman of Note came in to their Assistance ; Trenchard , being clapt in the Tower for a Traytor in the Conspiracy , but escap't Hanging for want of an Evidence more , which the Law required , is said to have run into the Rebels , having ran from the King's Messenger before , & if so , proves his Treasonable part in the Plot , which none of his Party would believe , by turning an absolute Arm'd Rebel . About the twentieth of June , Captain Trevanion , Commander of some of his Majesties Ships , found a Dogger and a Pink os the Rebels Ships lying at the Cob of Lime , forty Barrels of Powder , Back , Breast and Head-Pieces for ten thousand Men in the Town , which were all secur'd , and his Grace the Duke of Albemarle sent into it three Companies : The Rebels rambl'd about Glassenbury , in Somerset , and some part of Wiltshire , Plundering , and taking all the Horse they could , and calling in as many Foot : And both these Invaders , to publish themselves Rebels in Print , as well as Arms , put out their Declarations , of their King 's being an Vsurper , and a Tyrant ; that had Succeeded to the Crown , by all the Laws of God as well as Man : One William Disney , Esq was taken with his Wench in his Bed , and Monmouth's Declarations Printing in his House ; Try'd for the Treason in Southwork , upon full Evidence found Guilty , Sentenc'd , and accordingly * Executed . And the † Parliament it self , by special Act , Attaint James Scot for a Rebel , and a Traitor , set Five thousand Pounds upon his Head , and by another Bill , make the Asserting the Plot of his Legitimacy , High Treason : The Rebels for some time continued forraging and rambling about the Western Counties , Wilts , and Somerset : At Wells they say they Plunderd and defac't the Church , that had escap'd the Fury , even of the last Rebellion ; out of the Sacred Chalice they Drank the prophanest Healths , and upon its very Altar sacrific'd Women to their Lust ; but This being but Report , I don't rely on . From Wells they went to Bridgwater , there Fortifying themselves a little ; but finding the L. Feversham come up to them , & more Forces of the King 's following , they resolv'd to surprise him in his Camp ; march'd accordingly in the Night , and by two or three in the a Morning set upon him , whom yet they found ready to receive them , the late L. Grey , Commanding their ill manag'd Horse , was soon disorder'd , and ran away ; the Foot fought it desperately , but at last defeated by the King's Cannon and Horse , were slain about two thousand . The late Lord Grey was b taken in Disguise at Ringwood about the Borders of Dorsetshire , and secured by my Lord Lumley ; and the late Duke of Monmouth , the next Morning met with in some Covert thereabouts , and put into the same Hands : Manmouth on the a Munday after , with his Associate Grey , was brought to the Tower , and the former the following b Wednesday , on the Hill Beheaded . By this you have seen the very Basis , the Foundations upon which they build their Principles , somewhat shaken , and I wish I could with modesty say , utterly undermin'd : I have set my Shoulders to the work , and had I the strength of some Sampson , would pull down their Pillars , confound the Babel these Rebels have built , tho' I were sure to fall and be buried in its Ruines . By this you have seen the Multiplicity of their Plots , so Hellish , and so many , that like the Devil ( that Seduces our Democraticks into such Damnable Designs ) their Name is Legion ; but of those Devices the Almighty , who always was , will ever be the Detector and Confounder : And here I profess by that Heaven ( which I only beg to Bless my poor Endeavour against the Designs of Hell ) that nothing but a sincere hatred of their pernicious Principles , and a certain Assurance of the truth of all these Conspiracies they have promoted , has put me upon this undertaking , to refute the Folly and Falshood of the one , as well as represent that Bloody work & Wickedness of the other . If they 'll condemn the warmness of my style , which a one has already Libell'd as hot , let them but give me leave to be as zealous for the promoting of good Principles , as the vilest of their Villains , the most venomous of their Vipers have been , for infecting us with the poyson of bad : Let me be allow'd to write as affectionately for my Sovereign , while he is Seated in his Throne , as their Faction did most furiously against him , when by Rebellion they had pull'd him out ; and for this , be pleas'd but to remark a little matter of Fact : For the first , Has not Hunt ( whom even they would make a moderate Man ) Libell'd his Antagonists with the Name of b Base Caitiffs , Traytors , Knaves , Betrayers of the Peoples Right , Wicked , Impious , Sacrilegious , Monsters , and Mad ? Does not an Inconsiderate Coxcomb , that sets himself up for a Considerer , call his Opposers , a Arrogant Fools , silly Knaves , Ruffians , Trislers ; besides his Non-sense and Pedantick terms of Insensatus Galata , and Effrontery , with all the Controversie manag'd in the style of a Carman , or the blessed Language of the Bawds at Billingsgate : And yet these ( I 'll assure you ) with the Party , all applauded 〈◊〉 . For the second , consult but the Papers of that prosligate Villain , the Penner of the Political Mercury , and see how the meanest Traytor treats his Exil'd Sovereign , and Majesty it self ; Young Scot , 〈◊〉 Interest of Young Stewart , accursed Family , Little Queen , their curst foul and bloody House , its Name odious in Chronicle , Young Tarquin , Perkin Warbeck , pretended King , King of Beggars , Royal Puppet , the Grand Tyrant , the Great Pyrate ; And so barbarous were these Beasts in their Reflections , that he represented his Banish'd Prince ( whom themselves had put to those unhappy necessities ) for a Clipper and a Coiner in the French King's Court : Is not this Virulency now ? this Venome ? and that of such a Villanous Viper , to whom the Old Serpent , the Devil himself would be an Antidote ? and all this even against God's Vicegerent ? Is not the dust of such a Damnable Democratick , enough to pollute the Land wherein it lies ? and of which the Grave will be asham'd when she comes to give up her Dead : These are the Barbarities , Hunt would not have so much a remember'd , that is , not abhor'd , and which I cannot forbear to mention and remin'd , to let the present Age see , to what an Acme of Villany the preceding was arriv'd , to let the Faction be forc'd to remember , what they so labour to forget ; for what they can so hardly be brought to detest , is also as difficult by repetition , to be render'd too detestable : These Printed Treasons , that have been so long out of the Press , may well want a New Imprimatur , when they are brought to believe they were never in it : To this pass of the Politicus's would our Protestants , Domesticks , Packets , Advices , Courantiers , Janeway's , Care 's , Vile's and Curtise's , all have come , and a Nevil now , that abhors the thoughts of a COMMON-WEALTH , as a Circumstances are now , would be their Needham ( I warrant you ) when a Civil War had Banisht again the best of Kings , and one that writ his Brief History of Succession , not long since , only to make our Monarchs Elective , would then have told us , that b All from the Conquest were perfect Tyrants , that Richard the Second's Blood ought rather to have been spilt on a Publick Scaffold , than by a Private Assassination in Pomsret Castle , and that Charles the First was Executed as a Traytor ; and so given us in just such another Catalogue . How can our Seditious Souls think themselves hardly dealt with , in those late Loyal Animadversions that have been made upon their lewd Libels ? or , What severity now has the Observator ( that Learned piece of Loyalty ) exprest in his Pages , which their own Papers have not deserv'd , & heretofore , in a barbarous manner , even to the best of Kings and Subjects shown : and as they cannot condemn him , or any other honest Heart , for exposing ( in the most severest manner ) the Principles and Practises of these dangerous Democraticks , since they dealt so severely themselves with their Sovereign , and all Assertors of his Monarchy ; so neither can such discommend him , or any other , for such seasonable Remarks on their Pretensions to CONSCIENCE , and as rigorous Reflections on their Men of MODERATION : the two tender points ( they say ) must not be medl'd with , or , at most , but gently touch'd on . The very Suggestion flies in their Faces , and upbraids the Faction with the same proceedings against one another ; for this famous Political Mercurial Scribler lets us understand , that a The Presbyterians pretended Principle of Conscience , is no competent Plea in his behalf , for then this Plea and Pretence might serve to Justifie the late Tyrant , and all his Cavalry ; it might Justifie Ravillac , for Murthering Henry the Fourth , Faux , Catesby , and the rest , for the Powder-Plot ; not a Pritst or Jesuite but hath the same Pretension , nor shall there be any Traytors in all Ages hereafter : Away with this Clergy Pretence , not to be named once among Christians , but exploded as the very Pest of Civil Society . And I pray mark only the Godly Preacher to the Parliament a I have desir'd in my Prayers to GOD , for the opening of Mens Eyes to see , that the same Spirit of CONSCIENCE , which lay in the polluted Bed of PAPACY , meets them in the prophaned Bed of PRESBYTERY ; that The highest Godlinesses , and the highest Wickednesses , are those that are most Spiritual ; that The Fornications and Sorceries of this Whore are then greatest , when most Mysterious ; that She is able to bewitch those that have attained to a great degree of Spirituality : To this purpose , I have represented the same Spirit which dwells in PAPACY , when it enters into the purer Forms of PRESBYTERY , as fuller of Mystery , so fuller of Despight and Danger ; so far the good Man , for Conscience Plea : And now , if you please , to tell you their sense of the TRIMMER and MODERATE Men of their Times . a No sort of Men can be more dangerous , than those Phlegmatick Souls , of the MODERATE MIDDLE Temper , who , whilst they pretend to be of a Party , are not able to concoct those reasons of State , that are absolutely necessary for its Preservation : Men of this Humour may do well in a Civil War , where the differing Interest may be reduc'd to agree in one third ; but when they are stated in as vast a contrariety as God and Belial , Light and Darkness , Liberty and Slavery , then those Men are like Sand without Lime , neither good in the Foundation , nor fit for the building of a Republick ; such Interests are best preserv'd when like Mathematical Points , in the Extremity of Latitude , they are placed at the remotest distance , admitting no intermedial mixture of Affections with any things , Persons or Pretences , that may have but the least Collateral Relation to the opposite Party : And then for their MERCY to the Dissenters of those Times , and the matter of VNION . b But perhaps , the sparing of the Traytor , may he a means , to reconcile those of his own Opinion , and bring them to an UNION with the Common-wealth ; Why ? Let them , in the first place , take shame to themselves , by an Acknowledgment of their Offences : Let their Repentance be as loudly , and openly profes'd in the Pulpit , as their former Follies ; and then afterwards , 't is possible , there may be an UNION , but an UNION , carried on upon any other terms , speaks only some Clerical Design , under a specious outside . And a Case , Discoursing about MERCY , to those that had Fought for their King , whom he makes all Unpardonable Murtherers , nay , tho' they had not kill'd a Man ; for says he , Though God forgive Sin against himself , yet he commands his Deputies , not to pardon Trespass against the Publick State , as in the case of Murther , for even PREPAR'D and PROJECTED Murther , God makes uncapable of Civil Mercy ; for here the Delinquent has kill'd as much as in his power to kill ; it was his purpose , he 〈◊〉 killed , though the Patient be not kill'd , and the Design and Intention should Hang him . God deliver us from the Mercy of such Casuists , the Government and Rule of such unreasonable Men , that whilst they exclaim against Idols , commit Sacriledg ; while they condemn others for want of Moderation in their Censures and Animadversions , Satyrize and Libel even one another most Immoderately : These are the hardships in which they think they are most griev'd , and yet those the very points in which they have shewn themselves the most rigorous , and opprest better Subjects than themselves , with a greater grievance . This is my sense of their Writings , and for the opinion of others , about my own , am as little solicitous ; I am satisfy'd of my own Integrity , and wish I could be as well assur'd of theirs ; the † Defending of the Right of the Crown , I am sure , is no more than to what I am Sworn , and their laborious Drudgery , to detract from the Prerogative is perhaps , but a Learned Expedient of being more Elalaborately PERJUR'D . As I ever 〈◊〉 that Royal Line , which I always look'd upon to be unalterable , and which none now but Rebels or Republicans will endeavour to Interrupt , so I shall ever as much Revere this NAME and FAMILY of STEWART , in which the truly Lineal Descent of our Crown was as intirely united and preserv'd : A Name that will be Sacred to Posterity , as well for the short Succession it is too sadly like to leave us in England , as well as the long Series of Successors , that are to be number'd in the Catalogue of the Scots ; and 't is with regret that we are like to reckon of it but two Royal Pairs , of JAMES , and CHARLES : A Name , that none but a Monster of Mankind would have made a odious and accurs'd , which maugre their own Rebellions has made our Islands Blest : And lastly , a Name which even Rebels might Revere , for so long and lasting a Succession in Scotland , and that in both Kingdoms , now there is but one left . And for that Impostor , which some poor Souls , as silly , as seditious , would feign have put upon us , and set up : Consider but the sad success two such Presidents and just as pretty Projects , met with in the Reign of Henry the Seventh : Consider how unsuccesful this present Attempt prov'd , which terminated in the ruin of all its Undertakers : Consider but the Folly , as well as the Wickedness of such an undertaking , which could it have met with success , must have been but by the Blood of the present Age , and an entailment of it to Posterity ; too dear a purchase , only to make us the Scorn and Derision of the Word , Traytors to our King , and Rebels to our God. What I 've done , has been in satisfaction to my self , without design of Applause ; my Duty to my Sovereign , without insisting on desert , my Resentment against Rebels , without fearing of their force , for then I desire to fall , when so good a Government cannot stand ; my Misfortune from them would have been the best of Fate , and my very Foes the most Friendly and Obliging . I have scarce Breath'd under a Vsurpt Government yet , and should hardly have been brought to begin now , to be subject to an Vsurpation : If in these Essays , I have done the least Service to my Sovereign Lord , or his Liege Subjects , I shall look upon it as having answer'd the Ends of my little Studies , both towards God , as well as Man ; for there is seldom a good Subject that makes a bad Christian , and I have always observ'd the greatest Atheists among the Rebellious . If ( whatever sincerity I pretend ) they 'll upbraid me still for that itch of Writing , I 'll as sincerely protest to them , they have cur'd me of the scab , and thank them too for being my Physicians without a Fee : They themselves have superseded all future Animadversions of my Pen , by being able to make no farther progress in their VILLANY , I truly profess , never more to refute their bad PRINCIPLES , till they can find out worse , and as heartily promise , never again to be their Plague , till they can Invent a more Hellish PLOT . FINIS . Notes, typically marginal, from the original text Notes for div A58510-e390 Vid. Hunts Postscript . Vid. Mischief of Imposition . Vid. Proceedings at the Old-Bayly . Vid. Postscript to the History of the Association . Vid. Settles Recantation . Postscript . Vid. Proceedings at the Old-Bayly . p. 14 , 15. 4 Vid. vernon in the Life of Dr. Heylin . Notes for div A58510-e2530 beyond Hypocrates . Vid. also History of English and Scotch Presbytery by a French Divine . Alciatus a forreign Civilian too , write against the Deposition of Edward the 2d . and Richard the 2d . Vid. Tryal Regicid . p. 30. Notes for div A58510-e3980 The Worthy Dr. Bradys . And the Learned Author of the Great Point of Succession . Strabo , Tacitus , Caes. Com. So also Caesar , Bell. Gall. Lib. 6. How in his Historical reface to Stow's Annals , contends mightily for such a story citing all our antient Authors , for its Authority , and Cambden amongst the Modern . Vid. Heylin's , Geograph . Britain . Vid. Daniel . Stow mentions not one word of this Athelstan's Illegitimacy ; and his own Author whom he cites for the falsehood relates it but as a Fable , by which Daniel too was deceived . Even in the Heptarchy it self , if you consult How you 'll find the next of Blood still succeeded . Parsons , Inglefield , Allen. Vid. The great point of 〈◊〉 , and Dr. B. cites the same out of Sim. Dunielm and 〈◊〉 . Flor , 〈◊〉 . Westm. Houden . 〈◊〉 . and Stow , 〈◊〉 〈◊〉 he was 〈◊〉 on But as a 〈◊〉 . But because he came to the Kingdom , by ill means arose 〈◊〉 Wars p. 86. Vid. 〈◊〉 . p. 〈◊〉 . Vid. Baker Vid. Stow says they did him wrong , and always it occasion'd civil War. Vid. Postscript . p. 53. 55. Westminster and Malembsbury . Stow. p. 124. Daniel , says , he obtained it according to his Fathers will. pag. 44. Mat. Paris An. 1088. last Edition London . Veruntamen postea Nobiles fere omnes , &c. Florence of Worst . Magnates Angliae ignorabant quid actum esset de Roberto duce Normannorum , An. 1100. Ibid. p. 46. Fidele Consilium pariter & Auxilium promiserunt . Mat. Paris 1106. sentiens Conscientiam Cauteriatam , Judicium Dei formidare , &c. Ultimus fuit ex illis quos Rex Henricus occidit An. 1136. Vid H. de Knyght C , 8. 2374. Vid Paris 1107. Pag. 4. Stow says he was repulsed by them of Dover , shut out by them of Canterbury , and unjustly took upon him the Crown of England . Malembs . Baker . Mat. Paris in ultionem Imperatricis cui idem Rex Fidelitatem juraverat . An. 1138. Exarserat namque rabies tanta contra eum , ut pene ab omnibus quateretur . ibid. Paris . Mat. Paris Justitia de Caelo prospiciente . Henrici jus Haereditarium recognovit , Paris his own Words 1153. Vid. 〈◊〉 p. 48. Stow p. 146 Ad Mandatum Regis & Patre jubente . Paris . 1170. Stow says the King expreslycaused him to be Crowned by the Bishop of York , without mentioning any other . p. 132. And Baker says the same . p. 55. Nec Regna socium ferre possunt nec tedae sciunt . Incongruum Regem quemlibet esse , & Dominationem 〈◊〉 in Regno non habere Mat. pvit . H. 2. R. de Daeto he quotes tho it should be de Diceto , who oficiated at his Coronation , Haereditario jure promovendus , are his words 〈◊〉 fore . Watson and Clarks Casse 1 Jacobi . Vid. Daniel . exigit castella & Thesauros patrissuiquos habebat , Says Paris , and has not one word of his Election , but only Coronation . Constituit Arthurum Haeredem suam legitimum si sine haerede moreretur . Paris in vit . R. Vid. Dan. p. 108. Baker & Stow , say Arthur , actually did homage to France as King of England . Vid. Paris Edit . 〈◊〉 . vita John. Vid. Baker & Trussel . vita Rich. II. Bishop Carlisle's Speech . M. Paris vit . Joha . ad finem : primogenitum suum regni constituens 〈◊〉 . Regnumque Angliae illi jurare fecit , Literas cum sigillo suo munitas ad vice-comites & castellanos direxit ut smguli essent intendentes , & idem M. P. princip . vit . Men. 3. 〈◊〉 Defuncto Johanne convenerunt ut Henricum exaltarent . Stow says only he was 〈◊〉 by Common consent , p. 175. Vid Matt. Paris , who-told him that if his Master was dead he had left Sons and Daughters alive . Paris 1241. In clausurâ Diuturna Carceris sub arcta Custodia reservata . M. Paris Edward natus . An. 1239. Ed. mund An. 1246. Stow , says Edw. born 24 year of his Reign . Edm. in 29. So Daniel says & Baker : Fecit Iurare Fidelitatem & Ligeantiam Edwardo primogenito , suo , Paris An. 1240. Vid. Bisp . Carlisle speech , Rich. 2d . in Baker or Trussel , who says he was neither Elder or deform'd . Vid. Their own Journal Book Fol. 116. ibid. March. 1648 Vid. pag. 6 : of the brief History of Succession . Vid. Proceedings at the Old-Bayly . Vid. Dr. B. History , Fol. 20. 4 El. 246. Bracton Lib. 1. Chap. 〈◊〉 . Daniel p. 184. Stow p. 225. Vid. Rot. Parliament 50. cited p. Dr. B. Vid. Stow 224. Vid. Eikon Basil : Brief History p. 6. Principes Regni habito Concilio apud Westm. Pol. Virg. Lib. 5. In 's Epistle to Queen Eliz. Instit. Lib. 1. Tit. 26. de suspectis Tutoribus . Cokes 1 Insti . sect . 108. Daniel p. 217. Stow p. 320. Brief 〈◊〉 page . 7. It is a Maxim in Law Rexest Principium Caput , & Finis Parliamenti . Vid. Bracton Lib. 1. C. 2. Leges Anglicanae Regum Authoritate jubent . 22. E. 3.6 . Resolved the King makes Laws by the Assent of Lords and Commons . Vide Baker and Trussel agree in the same of the Bishops Speech . 3d. Vol. Chron. f. 508. 1. H. 4. 12. 52. Vid. Dr. B. p. 25. Haward p. 98. Baker p. 15 is . Vid. Baker 161. Notwithstanding all these claims Speed says he at his Death owned he had no Right to the Crown , Speed Lib. 9. Chap. 14. Philip De. Comines which wrote then , says to his Remembrance 80. of Blood Royal dy'd . If they long for the draught of Slaughter and Blood that followed this their Election of the Line of Lancaster , then look upon the lamentable List at the end of Trussel . Vide Daniel . Daniel . Vid 4 part In Stit. 46. and Jenkins Lex Terrae . p. 7. 1 Jacobi Watson & Clark. Vid , also Calvins Case , Cokes Rept . part 7. Vid. Baker 166. and Trussel . In fine vit . Hen. 4. Hen. 6th . Vid. Rot. Par. 39. H. 6. no. 10. Stow P. 49. Vid. the Par. Roll. recited at length by Dr. B. in 's History p. 30. Brief History fol. 8. 39. H. 6. Stow p. 409. To which they after diligent deliberation had and approved . Rot. Parl. 39. H. 6. vid. Stow 38. H. 6. p. 406. Stow 39. H. 6. p. 406. Buck whom he cites in R. 3d reign no good Authority , who contradicts his Murdering of his Nephews ' and makes him no way deform'd , against the sense of all Historians . But that prejudic'd Author might well flatter the Tyrantwhen one of his own name and family was the Monsiers minion and favorite by his own Confession . Vid Stow Baker . L. Bacon calls him a King in fact . only , but Tyrant in Title 1. p. Vid. 1. R. 3. the whole Record in the Exact Abridgment fol. 712. Stow p. 460. Bacon Hist. H. 7. p. 3. Ibid. page 12. Vid Bacon Hist. Brief Hist. p. 17. Vid Dyer H. 7. f. 59. The King is the head of the Parliament , Lords and Commons but Members . So no more Parliament without a King , than a body without a head . It is no Stat. if a King assent not to it . 12. H. 7.20 . 1. H. 7. f. 4. B. Town dit que le Roy , H. 6. en son readeptiondel reign tant son Parlia . & il fuit atteint & ne fuit Reverse . Al auter Justice dise que il ne fuit atteint , mes disable de son Crown &c. & dise que eo facto que ill prist 〈◊〉 luy le Royal dignity que tout il suit Void . Brief 〈◊〉 page 7. History H. 7. Brief History p. 17. It was resolv'd so by all the Judges in the Cheques Chamber , 1. H. 7. and so not extrajudicial , but that which troubles them is , that these the Kings Judges shou'd have the re-resolution of what is law which when we come 〈◊〉 Mr. Sidney's paper that complains of it too we shall prove to be 〈◊〉 〈◊〉 . Vid. Stows Ann. page 409. 406. Brief History fol. 18. 17. Edw. 4. 1. Rich. 3. Seneca in Traged . Vid Baker p. 215. An. 1477. Bishp . Godwins Histo. H. 8. p. 37. Vid. Pulton , Stat. n's 31 as incontinency was made impediment in the first Anns Case , they declared the fuant of concupiscence an Impediment in the 2ds . and only upon his sending some of his Lords to the lower house the Lady Cleves was unlawful too . Vid Stow p. 581. Baker 288. Stat : 35. H. 8. In the 33 the Parliament petition'd to him whom they knew it would please for the Attainder of Kat. Howard his 5th Queen . Malmsbury Lib. 2. c. 6. fol. 27. Jussu patris in Testamento Athelstonus in Regen acclamatus est Vid. Dr and Student p. 49 to 58. 6. Feb. 48. carried in the Neg. p. 15. voices . In the very first of her Reign there was an Act made declaring her Succession and Inheritance to be by right of Blood. Quod fieri non debet factum valet . Leg. qui in provincià Sect. divs H. de Rit . Nup. l. 4. 20. H. 3d. 35. H. 8. Stow. 609 Vid. Bishop of Hereford's last year of E. 6. Ibid. page 157. Stow , 635. 1. Eliz. c. 3. 13. Eliz. 1. Jacob. See all the 3 Votes in their Journal Book . Coke , Ch-Treason 2d . Inst. resolved by all the Judges of the Land the deposers were all Traytors . 1. Ed. 3d. 1. Hen. 4. 1. Rich. 3. Prynn's power of Parliament fol. 107. 1. Edw. 4. 1. Jacob. Pryn's . That the Parliament and Kingdom are the Sovereign power , a piece Printed by Order of the house of Commons . Notes for div A58510-e29860 Vid. Argument to the Book . Quae conveniunt uno Tertio conveniunt inter se. Page 129. Page 81. Plat. Red. Page 16. Ibid p. 20 About 80. or 81. Page 284. Papists were then Martyr'd for opposing their Kings Supremacy , Protestants the Mass , a sort of Parliament persecution destroying both . Witness the 6 Articles set forth in 31 of his Reign . Burnets Abridgment , pag. 157. Viz. The Protestant Queen . Page 20. Vid. p. 20 , 21. Plato Red. Page 21. Plutarch , Florus , Paterculus &c. He allows Moses to have had no help of any Preceeding administration , but only the aid of God himself . Pag. 29. Page 29. Genesis 1. Ibid. only Mr. Hobbs says , Fear , this Fellow , calls it Necessity made the first Government , Hobbs de cive ch . 〈◊〉 Plato , p : 31. Page 33. Page 52. On the morrow Moses sate to Judg the people Ex. 18.13 . Numb . 16. Plutarch . In Theseo . Remp. absque Regia dominatione sore si Regem se constituerent . Lucius Flor. Hist. prima aetas sub regibus fuit prope 250 per Annos . Tacit. An. Lib. 1. Urbem Romam à principio Reges habuere . Sext. Aur. de vir . Illustr . Romulus ordein'd an 100 Senators , which grew to 300 , in Fortescues time there were just so many in our House of Commons , Fortescue . C. 18. fol. 40. Coke . 4 Inst. C. 1. And had we therefore then no King , their number is greater now , and must therefore our Monarch be less . Page 37. All Lands are mediately , or immediately held of the King as Soveraign Lord. Eliz. 498. Ass. 1 13. Major singulis , minor Universis . Vid. Eliz. 498. Ass. 1. 18. Duck. de Authoritate , Lib. 1. c. 6 Vid. Cook. 1. Inst. C. 1. Predium Domini Regis est dominium directum cujus nullus Author est nisi Deus . Page 98. 99 , 100. Page 98. He call's ours a mungrel Church , from it's Innovation he means of Ceremonies . The King calls them , Adjourns , Dissolves them at his pleasure , and this long Practices prov'd from the Chronicles of our Land and its Fundamental Law. Speed , 645. 4. Inst. 27. 2. Medon . Sidney , whose very Motto , 〈◊〉 haec inimica Tyrannis . Page 114. Page 105. It is no Stat. if the King assent not , 12. H. 7. 20. H. 8. An Act. March 1657. Vid. Act of Oblivion , 51 15. Ed. 2. Great Stat. Roll. 26. H. 3. to Ed. 3. 1. Ric. 3. Exact Abridg . fol. 112. 1. R. 3. 24. H. 8. Page 103. Coke first Institutes Lib. 2d . C. 10. T. Burgage . Page 111. 4. Insti . 27. 2. 1. Inst. Sect. 164. Plato Red. page 105. Page 107. Ibid. page 108. 109. 25. Ed. 3. Plat. pag. 109. History of the Association Printed by Janeway . Page 3. Hunt in post . pag. 92 , 93. 〈…〉 Ibid. page 3. 〈…〉 Page 105. Page 107. Page 116. Ibid. Stanley's Case H. 7. 1 Edward 3. 1 C. 3. 2 Hen. 7. 4. 5. Mary . This Commission was in force , Rot par . 5. H. 4. n. 24. repealed by this 4. and 5. of P. M. but this repealing Stat. is again repealed Jacob. 1. and so of force in this King , now , as well as when they deny'd it to his Father . 2. Ed. 6. 2. C. 2d . Cook 2. Inst. 30. Car. 2. C. 6. 7. Ed. 1. Plat. pag. 124. Daniel 53. H. 3d. K. John. Henry 3. Vld. Stow page 183. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 . 〈◊〉 . 5. 〈◊〉 . 1648. Plat. pag. 130. Which has been done too as one of 〈◊〉 own Authors tells us . 〈◊〉 , in 's Centurie , Hist. 〈◊〉 , the Grand Court of Equity & 〈◊〉 moderating the common 〈◊〉 . 〈◊〉 . Crompton Jurisdiction . For more of this Courts power & practise , see 〈◊〉 & 〈◊〉 Reports . The Chancellor 〈◊〉 two Powers one absolute , the other ordinary , by the first he is not 〈◊〉 as 〈◊〉 Judges or limited 〈◊〉 the Letter of the Law. Vid. 〈◊〉 . 〈◊〉 . Cap. 20. fol. 〈◊〉 . Polldore Virg. makes the Chancellor only Coaeual with the Conqueror , but 〈◊〉 in that too as well as others . Mr. 〈◊〉 shews us they were long before in 's Orig. And so my Lord Coke also in his 4 〈◊〉 . Certain it is that both British and Saxon Kings had their Courts of Chancery . Coke 4. Inst. C. 8. Vid , Mirror C. 1. §. 3. Glanvll , lib. 12. C. 1. 〈◊〉 Lib. 2. C. 12. Vld. Reliq . Wotton p. 307. Pages 167 , 168 , 169 , &c. 〈◊〉 . Journal . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . No priviledge of Parliament holds for Treason , Felony or even Breach of the Peace 4. part Inst. 25. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Vid. Baker p. 516. An. 1641. Vid. Kings Declar. 1683. Hunt , Pla. to p. 169. Coventry Parl. 38. H. 6. declar'd Develish by 39. H. 6. 1. Edw. 4. that of Rich. 2 Treasonable . Par. Car. 1. 1641. 〈◊〉 . in Princip . C. 8. qui itaqae hujus viri rerum gestarum , rationes animo reputaret nihil aut parum in 〈◊〉 animadverteret aut fortunae asseribendum . Plato page 221. p. 234. p. 236. Making Leagues absolutely in the King , 19. Ed. 4. 239. 249. 252. Plat. 239. Plat. p. 249. Plat. 252. 〈◊〉 . Vi 〈◊〉 . 〈◊〉 . Plato p. 〈◊〉 . Cook. 4. Inst. Cap. 2. p. 53. Vid. 〈◊〉 several Rolls of Par. cited by him for it's 〈◊〉 , Rot. Par. 50. Ed. 3. n. 10. 1. 〈◊〉 . 2. 〈◊〉 . 4. &c. Rot. Claus. 12. Ed. 3. Par. 2. m. 19.39 . Ed. 3. fol. 14. Ad moderandum Regum 〈◊〉 . Calvin's 2. edit . Strasburg , 1539. Plat. page 241. 16. Car. 1. 16. Car. 2. * 4. 〈◊〉 . p. 54. ‖ Parl. 25. Car. 1. just so took upon them to search the Signet Office , and that of the Secretary , whereof the King as justly complain'd . Vid. 〈◊〉 Coventry speach to the Commons . Ibid. p. 57. Plat. page 〈◊〉 . Cook 4. c. 2 Inst. Stanford 72. F Senators sunt partes corporls Regls . Holl. fol. 169. Matt. Paris , 205. 〈◊〉 . Par. 3. H. 6. 〈◊〉 . 3. Coke . 4. Inst. p. 53. Inas c. 46. Anno 1638. Vid. Sir Will. Dugdale's short view . 45. & p. 48 , 49 , 50. Baker 406. 10. Jac. 6. Act 12. & Parl. 9. Regn. Marlae . Act 75. Plato p. 240. Plato 242. 1642. Vid. Rings Answer to the 19. propositions . Rex est principlum , caput & Finis Parl. Vld. Modus renend . Parl. & 4. Inst. fol. 3. Vid. Reliquiae Wotton . ●oscarino's case , Kingly Government has been the usage of the Land beyon'd History it self ; & the Common Law is but Common usage . Plowd . Comment p. 195 , Le Commen Ley n'est que Commen use . 2. part of the Inst. fol. 496. Kings Praerogative is part of the Law of England . Merc. Pol. Num. 107. Merc. Pol. Jun. 17. 52. Plato . Gildas B. who was born Anno 493. These were Nennius a Monk of Bangor who liv'd An. 620. Bede a Saxon , who wrot in their Heptarchy , dy'd in the 733. Asserius Menev. who writ the Acts of King Alfred . Colemannus Ang. who liv'd in the time of the Danes and Harold the first . Vortiger the British King on his own Head , call'd in the Sax , on without his Subjects consent . Egbert an absolute Monarch of the Saxons over all the Isle . Canutus as absolute among the Danes , call'd only his Convention of Nobles at Oxford about 1017. 1. Inst. §. 164. p. 110. Magn. Chart. Chart. Forrest . Stat. of Ireland made H. 3. the 1. Laws we had from their very words seem all made by the sole power of the King. No Commons mentioned in Stat. Merton , 20. H. 3. only discreet men mention'd in Stat. of Marlbrigd . 52. H. 3. But all the Commonalty is said summon'd in the praeamb . to Stat. West . 1.3 . E. 1. In Stat. Bigamy 4. Ed. 1. Stat. Mortemain 7. E. 1. Art. sup . Chart. 28. E. 1. Stat Escheat . 29. E. 3. not summon'd , 34. E. no Law to be made without Kt. and Burg. Vid. also Dr. B. Answer to P. 〈◊〉 10. But still left to the King how many of those he wou'd call . And per Stat. 7. H. 4. the 〈◊〉 was first fram'd directing 2 to be chosen for each County & Burrough . Of Antient time both Houses sate together first sever'd . a. H. 4.4 . Inst p. 2. 〈◊〉 〈◊〉 . p. 95. Jani 〈◊〉 , &c. Argument . Anti Norman . Miscel. Parl. Postscript . 〈◊〉 sup . A Priest of 〈◊〉 . Vid. Baker , Vid. Eadmerus a Monk who writ the Life of William 2d . lived in his Time. Vid. Baker p. 34. 〈◊〉 . William 2d . So also Florence of Worst . Baker p. 49. The words of a Priest lately tryed and convicted of High Treason . 3 Car. 1. 1648. 49. 51. Mercur . Pollt . n. 64. 65. Vid. Lex Terrae . An. Reg. 17 John. Vid Dr. B. Introduct . p. 72. 105. &c. p. 149. The King calls Parl. per advisam entum Concilii . Vid. Bract. Parl. 4. Inst. p. 4. and shall they suppress those by whose advice they are call'd . Bracton , l. 4. Cap. 24. §. 5. ibid. Plat. prop. 〈◊〉 . Edw. 1. 〈◊〉 Ed. 2. 〈◊〉 Ed. 2. Vid. dugd . Baker . 5. H. 4. 1. Jac. Edw. 3d. Exilium Hugon . Edw. 2. 1 Edward 3d. C. 2. * Vide Jenkins's Lix Terrae first Edit . p. 5. † Vid. Parl. Declarations . 41. p. 4. ‖ And Proceeding of L. 〈◊〉 in the Old-Bayly . In three several Places in Plowden they are made inseparable , p. 234. 242. 213. Corps politick include le Corps natural . Son Corps politick & natural sont indivisible Ceux Deux Corps Sont as encorporate une Person . * Ed. 2. in whose time 't was first started . Vid Lex Terrae , Rich. 2. because by misdemeanours he had made himself uncapable Vide Trussel . * Charles the 1st . the Parliament declares because the King had not granted the Propositions ; ( i. e. ) deposed himself , he could not Exercise the Duties of his place . Answer of the Com. to the Scots Com. p. 20. and the Scots expound their preserving the Kings Person in the Covenant ; but as it related to the Kingdom ( i. e. ) in English , if they please they may destroy him . * Vid. Cook 4. Inst. C. 2. † 25. Ed. 3. * Vid. Tryal of the Regicides . page 50. * Vid. Ibid pag. 52. † This was pleaded too by Carew p. 76. Treasonable words sworn against Scot. spoken in Parliament , he pleads Priviledges of the House for speaking Treason , tho 't is expressly declared not pleadable , no not so much as for the breach of the Peace . 17. Ed. 4. Rot. Parliament . N. 39. Tryal of the Regicides . pag. 52 * Answer of the Commons to the Scots Com. that the King had 〈◊〉 the executing the Duties of his Place , and therefore could not be left to go where he pleased . Anno. 1646. Imprint . Lond. p. 20. * Parliam . Roll. Num. 〈◊〉 . Lex & Consuetudo Parl. 25. Ed. 3. El. 1 Jac. ‖ H. post . sc. p. 89. † Ibid p. 〈◊〉 * Salmasius has the same sort of simile . page 353. defensio 〈◊〉 . * Hunt. page 94. † 21. Ed. 4. 13 , 14. and noted . Cat●●●'s Case . ‖ Act for Regulating Corporations , where they particularly swear , they abhor the Trayterous Proposition of raising Arms by His Majesties Authority against His Person . * 1. H. 4. ‖ 2 H. 5. Cap. 6. † 32. H. 6. 13. 〈◊〉 . 334. * 22. Ed. 4. ‖ 1 Edw. 5. fol. 2. * So also in Syracuse . ‖ Vid Mercur . polit . June 17. 1652. * Rosin . Ant. Rom. L. 7. C. 9. † Consulum immoderata 〈◊〉 omnes metus Legum 〈◊〉 . Liv. Lib. 2. * He can't so much as be a disscisor 4. El. 2. 4.6 . The King has no Pcer in the Land , and so cannot be Judged , 3. Ed. 3. 19. * Vid. Exact Abridgment fol. 713. † Vid. 〈◊〉 717. * 1. R. C. 15. * H. 7. H. 8. ‖ 12. H. 7. 20. 7. H. 7. 14. * Vld. 4. Inst. Baker page 248. † H. 8. * 1 Car 3. ‖ 25. H. 8. C. 21. † Plato . ‖ 5 〈◊〉 . 〈◊〉 . c. 11. † 〈◊〉 . 〈◊〉 117. * pag. 237. * 1. Mar. c. 2. ‖ 1 El. c. 1. † Jac. c. 1. ‖ K. 〈◊〉 his Collect. 〈◊〉 . 1. part 〈◊〉 . 728. † Vid. wil. Prynns 〈◊〉 . right to elect . privy 〈◊〉 〈◊〉 . ‖ Vid. his Memento to Juncto , for the † 2d . his Parliaments Soveraigns Power . For the * 3d. his Lords , Bishops , none of the Lords , Bishops or the Buckle of the Canonical Girdle turned behind . * Vid. Answer of our English 〈◊〉 〈◊〉 to the Scots Commissioners . The Scots reply from their Camp at Newark . The Members to the Army . The Armies Answer to the Members . The Scots Remonst . to the Army . The Armies reply . An. From 41. to 48. Pamphlets or waste Papers . 125. * Act for Regulating Corporations . † Vid. Plat. Parl. of Commons begun with H. 3. within 400 y. Kings in Caesars time 1000 y. since . ‖ Deliberaturi de arduis . 4 Inst. 2. p. * Plato . ‖ Cook 5. fol. 62. 9. Ed. 4. Cook 8. f. 145. ‖ 3 El. Dyer 187. Cook 4 Inst. c. 7. p. 73. * Ibid. p. 74. † 32. H. 6. 13. ‖ Plowden 334. * Pollid . Virg. † 4 Inst. 6. 8. ibid. * Mirror c. 1. §. 12. Fleta . l. 12. c. 1. Glanvil . l. 12. c. 1. and all the most ancient Lawyers speak of it . Plato . ‖ Prvn's Parl. right to elect great Officers and Judges . * An. Reg. H. 3. 22. Dom. 1230. Vid. Baker p. 84 , 85 , 86. Vid. Stow. ‖ Vid. Davila . pag. 482. ‖ 5 Aug. 1653. Vid. Scob. Coll. * Plat. Red. † Vid. Exact Relation of the Parl. Dissolved . Decemb . 53. Plat. p. 130. * Vid. Exact Relation of the Proceedings of the Parl. 〈◊〉 , Vid. Decemb. 12. 53. ‖ Et pur ceo que nous ne 〈◊〉 in nostre propre Person Oyer & Terminer , &c. Vide 〈◊〉 . f. 〈◊〉 . Vid. 〈◊〉 . 〈◊〉 . 〈◊〉 . * Vid. Bishops Right , and Discousre of Peerage 81. ‖ Vid. 〈◊〉 Libel on the 〈◊〉 . and 〈◊〉 in England . * Vid. Leighton's Sions Plea. 〈◊〉 , ed 1636. * Beda tells us Augustine the Monk called one of the Britain Bishops . An. Dom. 686. King 〈◊〉 , a Convocation of Cletgy An. Dom. 727. of the Saxons . ‖ The very Words of their Vote against the Cannons Vid. Journal . † Register F. N. B. 4. Inst. p. 322. c. 71. * Vid. 25. H. 8. for their Antiquity . see Bractonl . 3. f. 123. Hol. 303. 6. H. 3. Rot p. 18. Ed. 3. ‖ 26. H. 8. c. 1. † Hls Discourse of Peerage . London 1679. whom Hunt himself could oppose . 1641. ‖ Mildmay's Oath taken 15. of Junt 43. Scob. Col. page 42. * L. 〈◊〉 , Letter . ‖ 〈◊〉 of Peerage 16. 89. p. 〈◊〉 . 〈◊〉 . Hollis . † Plat. pag. 237. the 5. Proposition . * 35. of 〈◊〉 . petition'd to be 〈◊〉 too in the late Rebellion , and actually was 〈◊〉 . Act for relief of peaceable 〈◊〉 , against the Rigor of former Stat. 27. sept . 16 57. ‖ Lord F. Speech to the Com. 1641. upon Commitment of the London Petition . † L. Digby's Speech to the Com. upon the same . Vid. Lord Newark's Speech . yet Assembly of Divines declared it against the Acts of all reformed Churches . ‖ Vid. Eusch. Lib. 4. c. 5. 6. who tells us Constant 〈◊〉 In his Expedition , against the 〈◊〉 had his Bishops about him to consult in a Council of War. and is their judging now in Capitals a Crime ? I am sure that other was a more Bloody Business . ‖ An. Dom. 686. Cook 4. Inst. C. 74. pag. 322. * Leg. A. thelst . C. 11. Episcopo jure pertiner . omnem 〈◊〉 promovere Del & seculi , omne Legis scitum & Burgi mensuram Spelm. p. 402. ‖ Plat. p. 101. Kings Writ of Summons runs cum Prelatis , colloquium habere . * Vid. 1. Inst. p. 110 ‖ Modus tenend . Parl. † Vid. Magna . Charta the 1st . thing in the first Chap. Articuli cleri-Vid . Cook Com. on both 2. Inst. * Stratford Arch-bishop . Ed. 3. 19. Jacob. 1621. ‖ Dudgdale's short View . 21. * Rusworth Col. p. 40. † Burnet's Abridgm . 236. ‖ 2. H. 5. c. 6. ‖ 22. Edw. 4. Fitz. Jurisd . * 〈◊〉 Charta . * Pryn's Parliam . Interest in the Militia . ‖ 12. Car. 〈◊〉 . c. 12. * 7. Ed. 1. c. 1. ‖ 1. Ed. 2. † 1. Ed. 3. * 4. H. 4. ‖ 2. Ed. 6. c. 11. * 4. 5. Mar. c. 3. † 1. Jacob. * Lord Cook 4. Inst. ‖ Die Mer. 12. maji . 41. Vid. Journal and last p. Cook 2. Inst. † 20. Jun. exact Col. p. 372. 1 July exact Col. p. 386. Vid. also Dugd. p. 97. ‖ This Declaration expressly against the very Words , of 11. H. 7. Cap. 1. * 17. May exact Col. 193. ‖ Si nos ab duxerlmus vel Miserimus eum in exercitum , sit quletus de Custodia Castri . char . c. 20. Statute 〈◊〉 , & 2. Inst. 34. * Castle-gaurd an old Service alway due to the King , 〈◊〉 . Inst. 70. 111. 121. till such Services were taken away 12. Car 2d . ‖ Brook Treason 24. * Parl. 1641. Vid. Exact Coll. p. 123. 21. Mart. 22. Martii . † Cooke . 1. Inst. pag 5. A. * 2d . Inst. Comment . Chart. Chap. 15. ‖ 13. Car. 2d . Chap 6. Vid. the same repeated 14. Car 2. c. 3. † Plato p. 239. 240. 277. ‖ 3. Ed. 3. 19. † 11. Rich. 〈◊〉 . * 4 Feb. 1651. Scob. Col. pag. 178. † Vid. vote Journal 6. Feb. 1648. Vid. Histindepend pag. 15. & perfect Diurnal p. 1250. † See the List of their Lordships in Dugd. view pag. 454. * Vid. Engagement and Protectors Oath . † Their 19th . Proposition to the King at York . * The First Feb. 6. 1648. ‖ The Second 4. Feb. 51. † 17. Ed. 4. an Act for 〈◊〉 Nevil Marquess Montague , Because not sufficient for the maintaining the Dignity ( adding ) that Men of mean Birth preferred to Honor , promote all manner of Injustice . ‖ 2. Car. 1. † Postquam ad Curam Principis Magistratuum creatio pertinere cepit , &c. D. 48. 141. Ordinis vero cujusque arbitrium primo Penes Imperatorem . Zouch . de jure milit . nobilitat . pars 2. Sect. 2. † Sacrllegli instar sit dubitare An is Dignus sit quem Princeps elegit C. 19.20.3 . † Vid. Coke Calv. Case . fol. 15. Coke 7. fol. 33. None but Peers of the Realm to sit In House of Peers , 〈◊〉 Peer to be made but by the King. * Rich. 2d . Plat. pag. 116. Barons Cotton's view of Henry 3d. * M. Paris pag. 807. † Baker p. 86. Leaguers . * See their History written in Italian , by D'avila , in Lat. by Touanus ; in French by D' Aubigm ; in English a Translation by Mr. 〈◊〉 . Rebellion In Car. 1. * Vid. even Rushw. Coll. p. 40. ‖ Exact Coll. p. 123. 21. Mart. * Plot in Carol 2d . ‖ Vid. com . Remonstrances . 79. 80. † Proceeding Old-Bayly . * Rouse's Tryal . ‖ Sydney's Tryal . * Parl. 〈◊〉 Cook 's Insti . part . 3. p. 2. ‖ 50. Ed. 3.4 . Inst. p. 2. † 12. Car. 2. Cap. 12. Notes for div A58510-e75890 * pag. 8. 9. * 1. Gen. verse 18. † 1. Pet. 2. 13. ‖ Rom. C. 13. 2. * Bellarmine de Laicis l. 3. c. 6. † Buch. de Jure Regni p. 11. ‖ Doleman l. 1. C. 3. * Knox Hist. 372. 343. * Suarez defen . Fid. Cath. l. 3. C. 3. ‖ Calvin's preface to instit . 2d . Edit . † Mariana de Reg. & Reg. Inst. l. 1. C. 6. 59. * Bez. 60. 216. Confessions : * Postscr . p. 10 , 11. * Vid. Journal Mar. 1648. † From p. 13. to 28. * Vide Printed Votes of the House of Comm. * Vid. Russel's Speech . * pag. 39. ‖ pag. 49. ‖ Vid. quel Impositions le Roy poit grant sans Parlm . Roll. Abr. 171. Le Roy poit Charge le sujet lou per benefit del Sujet sans Parl. 1. H. 4. 14. Roll. 2d . Abr. 171. Les Commons Priont was wont to be a Form Croke . 2d . part . 37. * Bract. Lib. 1. C. 2. * Lords Spiritual , Lords Temporal , and Com. the three Estates . Cook. 4. Inst. of Par. the very first Leaf and Line , and won't they believe their own Oracle ? ‖ Strafford's Bill of Attainder . * Postser . p. 55. ‖ Parl. 12. Ch. 2d . C. 12. † Cook 4. Inst. C. 1. p. 36. huic nec metas rerum , nec tempora 〈◊〉 * pag. 37. ‖ Earl of Essex 35. H. 8. * Magna Charta C. 29. 5. Edw. 3. C. 9. 28. Edw. 3 C. 5. ‖ The Manner of the Romans , was to see Accusers Face to Face , and Answer , ( if you believe the Bible ) Acts 25. v. 16. Matt. Paris vita R. Johan . 275. incivile videtur & contra Canones in absentem ferre Sententiam . † Deutrinomy Chapter xjx . Verse jv . The Almighty provides for the Prisoner's Defence . * My Lord Digby , with several others . Vid. Rot. Parl. 2d . H. 6. num . 18. * But of these says he , Auferat Oblivio ( si potest ) si non , ut cunque silentium tegat 4 Inst. p. 37. Postscript p. 74. ‖ Stanford 2. 101. † 2. Jacob. Term. Hill. Cook. Lib. 7. ‖ 1. Henry the Seventh Fol. 4. Que Le Roy est Person dis charge D'ascun Attainder . quil prist sur luy le Reign & estre Roy. † 5. Ed. 3. * 1. Jacob. ‖ Posticr . pag. 〈◊〉 . 1. Jacob. Postscript pag. 55. * Buch. 〈◊〉 Reg. p. 〈◊〉 . 62. † Hottom . de 〈◊〉 . L. cum quis C. 16. de natur . Lib. * Vid Welden's Court ad finem . ‖ Postscr . l. p. 63. Ficleney a supposed Romish Priest , tho he railed against Pope and Mass , which might be pretended and affected Puritanism . * P. 68.88 . * Pag. 148 , 149. p. 46. 61. * Pryn's power of Parliam . ‖ Plato Red. Hunt p. 50. * pag. 47. ‖ Consilium impensuri . the Words of the Barons Writ . 4. Inst. p. 4. ‖ Plato Redivivus . * Vid. Brit. Fol. 1.4 . Inst. 70. ‖ 8. H. 4. 19. * Coke 1st . Inst. Corp. * Pour Reparation del ' Eglise d'an haut voy , &c. 44. Edw. 3. 19. ‖ Bracton l. 1. c. 9. † Fleta l. 1 c. 17. * Pryn's Treatise for the Peoples Legislative . * Ibid. ‖ 12. H. 7. 20. Ceke 1. Inst. p. 1. † 25. Ed. 3. Treason to destroy the Heir of the Crown . * Pryn his Treatise ibid. ‖ 〈◊〉 pag. 51. * Vid. Camb. vit . Eliz. 106. Edocta suit quantum emineat a successore designato periculum . * Hunt's Phraseology , pag. 94. * Vide Bradsh . K. Tryal . * 31. H. 8. * Vid. Burnet's Abr. * Barnet's 〈◊〉 . C ! 3. 229. * 1 Rich. 3. ‖ 28. H. c. 7. Rast. 4. * This was the Opinion of Sir Thomas Moor too , and the Brief History might have cited this too , as he does another Opinion of this prevaricating Papist for his purpose . † Vid. Brief History p. 18. Burnets Abrig . p. 313. ‖ Page 50. Vid. Declaration of Lords and Commons about the Kings Coronation Oath Parl. 41. * Hunt and Pryn. ‖ 〈◊〉 justas legis esse tenendas , &c. Quas Vulgus elegerit . Rot. Parl. H. 4. * Coke 7. 106. 11. Calvin's Case . Watson & Clarks 1. Jae . Coke 7. fol. 30. ‖ Vid. 3. Inst. his Parliamentum insanum . * Car. 1. An. Parl. 41. ‖ Vid. their 19. propositions . † Regn. Car. 1. Car. 2. * 1. H. 4. * 1. Jacob. * 2. H. 5. 1. Jacob. 1. 1. Car. 1. c. 7. * Vid. Hist. Independeny . pag. 115. 17. March 48. Scob. Coll. ptg. 7 , 8. * Postscr . page 8. ‖ Plat. page 109 * Vide Considerations upon the Question London 1677. The dissolver . The Letter of my Lord Shaftsbury . ‖ 35. Ed. 3. † 4. Ed. 3. c. 14. * Vid. Courantier 4. Volum . Numb . 30. ‖ 4. Ed. 3. c. 3. 14. † Mirror C. 1. Lib. 3. * Le common Ley est common Usage Plowdens Com. 195. ‖ Dr. and Stud. 2. c. 2. lib. * 2d part . Inst. 496. tells us so in terminis . By the Common Law it is the Kings Prerogative , quod nullum Tempus occurret L. Coke Lit. p. 344. ‖ Stanfor . l. 2. 101. * Speed 645. Inst. 27. 2. † 2. Ed. 3. c. 2. of King's not pardoning Felons so Also 4. Ed. 3. c. 13. The 〈◊〉 of that other . * 16. Cap. 2. c. 1. that repeals 16. Car. 1. c. 1. ‖ Vid. Preamble to 16. Car. 2. c. 1. ‖ Vid. Seasonable Question and an useful Answer , Printed about 77. by a Bencher of the Temple . * 16. Car. 2. * Venner and his Fifth Monarchy Men. * Vid. Brief Narrative of the Tryal of Tongue , Stubs , &c. Lon. 1661. * 1. Jacob. Term. Hill. Coke l. 7. * 16. Car. 2. * Cook himself says , it is a Maxim in the Law of Parliament that later Laws Abrogate the former that are contrary to them . 4. Inst C. 1. pag. 43. * Hunt postscript pag. 46. 48 , 49. ‖ Cardinal of Winchesters Case , who came from Flanders to purge himself before Parliament , of Treason , as only the Roll of Henry the Sixth says , but Consult the History , it appears he had some of the King 's Jewe's gaged to him , which the King stopt from going after him , &c. 4. Inst. 7. p. 42. * 36. Ed. 3. cap. 11. * Page 60. 69.70 . 86. 87 , 88 , 89. * His 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Pet. 2. 13. † Fox Vol. 3. p. 515. ‖ Vid. Dissenters sayings . Pryn's Parliament Right to elect Officers . 〈◊〉 p. 239. * Galat. 6. vers . 15. Pro humano genere . Beza upon that very place . * Verse 14. V. 17. * Posts . p. 60. * Hunt p. 85. * Actually done too in Westminster-Hall by the instigation of Hugh Peters . Vid. Dugdales view p. 370. * Posts . p. 88. ‖ H. 4. 〈◊〉 . 3. * Vid. Paper at his Execution . * Verse 15. Page 50. * Postscript p. 52. all the following Casesmost absurdly apply'd , and all make against his own Cause . ‖ 7. H. 4. c. 2. Hen. 4th entails declar'd void viz. upon the Claim of Richard Duke of York . † Vid. B. Carlisles Speech , H. 4. in Baker and Trussel , H. 4ths Deposers , Traytors within 25 Coke Treason . * Vid. 1. Ed. 4. Rot. par . 9. 10 , 11 , 12. ‖ Vid. Rot. par . 39. H. 6. n. 11. * 1. Ed. 4. Rot. ut supra . Rich. the 3d and deposers of Ed. 5. Traitors by Law within Stat. 25. Ed 3d Inst. c. 1. Treason . ‖ 13. Eliz. † Hunt's Postscript page 51. * Cambd. vit . Eliz. ‖ Besides had he Consulted other Books before he writ his own , by what appears by Keeble Stat. that very Act is expir'd , ofno Force ; and so he has made himself a Knave in Fact , as well as Fool in Application . * Postscript p. 71 , 72. ‖ 1. Ed. 4. 〈◊〉 . p. n. 9 , 10 , &c. ‖ Exact Abridg. fol. 713. Rot. R. 3. * 1. Elz. c. 3. † 1. Jac. c. 1. * Posts . p. 87. ‖ Gervasius Doroberbensis Coll. 133. 30. † Bracton l. 4. c. 24. Sect. 5. * Dr. Burnet tells us H. 8. declared upon a dispute about Ecclesiastical 〈◊〉 very warmly , that by the Ordinance of God , he was King , Hist. Reform . l. 1. pt . 1. fol. 17. Either the Dr. lyes , or Harry the 8th , or this Doctrine is not so new , but 200. year old . Pryn's Par ' . right , &c. * Postscr . pag. 〈◊〉 . ‖ Postscr . l. p. 72. Cowel Instit . l. 2. Tit. 3. De Exhaeredatione . * Coke 4. Inst. p. 19. 3. ‖ Consult these Daemagogue ; Darling , Coke himself on the Case . 4. Inst. c. 1. page 3. are his own words . The more high and absolute the Jurisdiction of this Court is ; the more just and Honourable it ought to be in it's proceeding , and give Example of Justice to the Inferior Court. * Mortimers 2. Harry the 6. Cromwells 32. Hen. 8. ‖ Strafford 5. Car. 1. reverst 14. Car. 2. c. 29. Kerby and Algore's Case , was of this nature but very hard upon the 25. of Ed. in 〈◊〉 . 2. time . Notes for div A58510-e98180 * Vid. Foxe's Martyrology . pag. 1534. * An Esq in Divinity , or the Divine Squire , one Ramsey ( that writ himself so , and B , D. beside I remember ) Printed the first , a pretty piece of popular Nonsense . * Their Association . * Godwin in vita Mariae . * p. 7. * So they murder'd at Pomfret Rich 2d . ‖ Vid. Baker p. 155. Stow says , it was with a kind of death never heard of here p. 325. tho Walsingham would have it with Pining . * p. 9. ‖ Erected 1. Eliz. p. Letters , Pattents . † One Johnson Simpson's Case at the Assizes of North. ampton . * Coke R. 12. pt . p. 49. Vid. also the same Case , 4. Inst. Cap. 74. p. 333. But as quick as Mr. Johnson jumbles up the the business , the 〈◊〉 defer'd their Judgment till the next Assize , and then perhaps the emulation there is , and always was between the two Courts ; made their Lordships at last a little Partial . Brownlows 2d pt . p. 15. 〈◊〉 Case 42. Eliz. * Vid. Pleas of the Crown Hales . * Besides 't is observable the Judges at that time had a particular pique to the power of that Court which they thought invaded theirs , and might be very ready to give Judgment against them in Criminal Matters ; as well as Plague y'm with their Prohibitions in Civil and as they were then great Foes ; so my Lord Coke in his discourse upon the Court is but little their Friend . * So much were the people postest against the Power of that Court , in King Charles the First 's time , that 2000. Brownists broke into St. Pauls where it was sitting , beat down all the Benches , and Bawling No Bishops , No Commission . Vid. Dugd. view . * In Q. Mary's Reign first the Parliament supplicated the Pope for pardon and promise a Return to Popery . Vid , both Baker and Burnet . * Pacius In Instit. Prolegom . p. 1. * Sir James Hales Judge Court Com. Pleas Sir John Baker . Chancel . Excheq . Vid. 〈◊〉 pag. 311. ‖ Goodwin in Vitâ Mariae . Julian p. 19 , 20. & 11. * Non est Haeres Viventis . * And even that is allow'd by Hunt in his Postscript , pag. 74. Vid. Vote of the house in the Journal , 1648. Vid. Form of Oath of Allegiance and Supremacy . ‖ Vid. King's Speech to the Parliament there . * Julian pag. 19 , 20. Page 19. * A Treatise perswading Obedience in Lawful things ; to Authority tho , unlawful . Printed London about 1649 Ibid. Page 10. Ibid. Page 12. * Vid. Also a Religious Demurrer about submission to the present Power Printed London . 1649. * Julian , pag. 12. Anno Mariae . 1. Julian , p. 12. * Vid. 〈◊〉 . ‖ Julian p. 11. * Wilkinsou of Court 〈◊〉 4th Edit p. 298. * Jul. p. 20 , 21. Jul. p. 20. * Non est Haeres Viventis . * 25. Ed. 3. cap. 2. Jul. pag. 20. * Vid. Britton , & Coke cap. Treason . ‖ 3. Ins. l. 1. p. 9. * My Lord Hales Pleas of the Crown Ist. Edit . † 25. Ed. 3. * Vid Jul. pag. 19. * Vid. Jrlian the Apostate . Post. p. 47. * Brief History of Succession . Page 〈◊〉 † 22. Aug. 1554. ‖ Vid Burnets Abridgment 2d . pt . 3. l. * Baker , p. 329. * Jul. p. 39. pag. 35. pag. 33. 38. Exclusion . † Vid 〈◊〉 Inquiry B. R. * Jul. Vid. Argile's Declaration , his Majesties first Speech . De jure magist . p. 94. Quaest. 10. Jul. p. 7. Edictis Legitimis & Rogatis . p. 101. Publicum Religionis Christanae exercitum quispiam eorum nunquam concesserat . p. 101. * 〈◊〉 meretrico Sanguinariā . p. 98 , 99. Ut illi non fas sit cam pro arbitrio suo , & sine causae Cognitione abrogare , sed eadem Authoritate tantum inter cedecente ; quā abinitio sancita suit pag. 100. page 18. That Author laughs too , as well as Julian at the Martyrdom of the Thebaean Legion . * Jul. p. 5. An Liceat resistere Prinicipegem Dei violanti & Ecclesiam vastanti . 〈◊〉 Juni . Brut. quaest 2d . ‖ De jure Magis trattuum . * 1. Sam. 31. † 2. Sam. c. 2. ‖ Sam. c. ult . † 2. Chro. c. 21. 2. Chron. c. 33. * Junius . Brutus quest . 2. p. 37. * Haec scriptura nobis definiet , & quod populo Judaico licuit ; imo quod in 〈◊〉 fuit nemo negabit quin idem populo Christiano , &c. Junius Brutus quaest 2. Notes for div A58510-e109650 * Junius Brutus , Vindiciae contra Tyrannos , 1577. † Ficleny de Mag. 1576. ‖ Harringtons Oceana . † Needham's , Merc. Pol. ‖ Plato Redivivus . † Sidney's Systeme . * Vid. his Tryal p. 23. ‖ Vid. Paper at his Execution . * Vid. Tryal . pag. 23. ‖ Generali Lege decernitur nemidem sibi esse Judicem 6. 3. 5. 1. * Nemo Idoneus testis in re 〈◊〉 Intelligitur D. 22. 5. 10. * Ocaeana p. 15. † Ibid p. 20. * Junius 〈◊〉 vind . cont . Tyran . Intelligimus Magistratus , quasi Regum Ephoros , &c. 〈◊〉 in Regno Israelitico , denique Praefectos , Centuriones & Caeteros . Vid. 6. 37. Quaest. 2. Rex Qui pactum perfide violat , hujus faederis seu pacti Regni officicurii Vindices & Custodes sunt . Quaest. 4. pag. 169. ‖ Populi ordines jus sibi retinuisse fraenandorum Principum , &c. Quod ni secerint perfidi in Deum & patriam habeantur . De Jure Magistratuum . Quaest. 6. pag. 73. Edit . Francfurt . Neque supremum Magistratum pro privatis delictis Coercere , quae proprie Personalia sunt . ibid. * Publisher to the Reader . ‖ Harrington in his Epitome of the whole Common-wealth . Oceana pag. 278. * Marchion . Needham , the supposed Author of Merc. Pol. † The Brutish Principles of Monarchy . Merc. Pol. Numb . 92. March 11. 1652. * Ibid. ‖ Plat. Red. page 39. Brutus's Vindiclae quest . 4. p. 169. ut singuli Principe 〈◊〉 sunt , 〈◊〉 universi superiore ; or Rex major singulis minor universis , 〈◊〉 〈◊〉 〈◊〉 . * Postscr . page 71. ‖ Page 73. ‖ Ibid pag. 73. Will. 〈◊〉 against the King's 〈◊〉 voice . Tryal page 23. ‖ Ibid. p. 23. The words of a late learn'd & Loyal Lawyer of our own , are expresly , the same ; Persons must not be Judg'd and 〈◊〉 . Jenkins Lex . 〈◊〉 Ed. 〈◊〉 48. Page 16. Vindiciae Quest. 2. Falsa est conclusio non debuisse poenas de 〈◊〉 , aliquo sumi , quia semel sumpte non sunt , de jure . Magist. Franckfort page 72. Quest. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ethic. Lib. 8. c. 12. * Treatise of Monarchy , p. 28. * Vid 4. Eliz. 2. 46. Ne poet estre diseisor ne faire ascun tort . also 4. Ed. 4. 25. B. ‖ Sir Walt. Raleigh . History of the World. So the Civilians ( as Baulus says ) the Prince does do well to observe those Laws to which he is not 〈◊〉 . Decet tamen Principē servare Leges , quibus ipse solutus est , ut inquit Paulus d. 32.1.23 . Merc. pol. Num. 65. 1. Samuel C. 8. verse 11 , 12 , &c. Verse 18. Tyrannus est qui exteros in praesidiis collo cat Vindiciae quest . 3. Page 139 , 140. Raleigh Hist. Chap. 16. §. 1. Postscript pag. 68 , 69. Merc. Pol. 〈◊〉 . 92. Pedes elevabuntur supra Caput . part of the Oxford Oracle . Vid. Baker . ‖ And even Homer a Heathen was of that Opinion . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Hom. Il. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Hos. Theog . v. 96. Gen. 1. verse 16. * Imperator solus & Conditor , & interpres Legis , Zouch . Element . part 4. §. 4. p. 103. and c. 1. 14. 12. ‖ Quod princi . placuit Legis vigorem habet , D. 1. 4. 1. * Sacrilegii instar est principis rescripto obviare C. 1. 23. 5. † In 〈◊〉 Imperatoris excipitur fortuna , cui ipsas Leges Deus Subjecit , Nov. 105. 2. † Si summo dare urgetur , ad Regem provocato . Lambert in his Laws Edgar . 1. 23. 5. * Quod principi 〈◊〉 Dig. 1. 4. 1. The words of Bracton Chief Justice in Henry the 3d's time . Rex & non alius debet Judicare , and in another place . Illius est Interpretari cujus est Condere . ‖ Britton that Bishop of Hereford ; by order of Ed. 1. pen'd a Book of Laws , tells us 't is the Kings will that his jurisdiction and Judgment be above all in the Realm . * Hen. 8. Britton , & Bract. Vid. Sucron . In. vitas . Decet tamen Principem inquit Paulus Leges servare quibus ipse solutus . D. 32. 1. 23. * Fiat Justitia ruat Coelum . ‖ Vid. Paper of the Proceedings upon Armstrong his Outlawry . * 'T is a receiv'd rule among civil Lawyers , and may be well among our own : That a King can't in Law alienate his Crown ; and that if it were Actually done it were de Facto void ; besides if the Subject was freed in that Case , it would be the result of the Soveraigns Act. ‖ That alienation of King John was suppos'dto have been an Act of State , and it has been adjudg'd particularly by particular Parliaments , That even a Statute for that purpose made would be of no 〈◊〉 : It was resolv'd 〈◊〉 Scotland too . * Posts . C. p. 113. ‖ Princeps . Pater patriae est , D. 1. 4. 1. Atrocius est Patriae parentem quam 〈◊〉 occi dere , Cicero . in Philip . 2d . * I 've said yee are Gods. Psalms . ‖ Hunt allows that himself posts . p. 95. † Postquam populus Romanus Lege Regiâ in principem omne suum Imperium & potestatem solum Contulit , ex illâ non , sub diti sed etiam Magistratus ipsi subiiciuntur . Zouch . Elem. p. 101. * Edward the 3d. ‖ Magn. Chart. cap. 29. No Freeman will we Imprison , or Condemn , but by Lawful Judgment of his Peers . Per parium juorum Legale Judicium : And my Lord Coke tells us they are to be understood of Peers of the Realm only when a Peer is to be try'd . Comment upon the very words . 2. Inst. which he more fully explains in 's Comment , on the 14. Chap. of Char. where he says pares is by his Peers or Equals , for as the Nobles are understood by that word to be all equal ; so are all the Commons too , ib. p. 29. Where note the form of this very Charter runs all in the sole 〈◊〉 of the King. 24. H. 8. c. 12. † Vid. 1. Ed. 5. fol. 2. Si Le Roy moy dissei sit pur ceo que Le Roy en le ley ne poit moy disseisir il né serrá appell . disseisor , mes jeo sue mis a petition à Roy. 4. Ed. 4. 25. 13. * Coke Comon . West . 1. 2. Inst. p. 158. ‖ Stat. to pursue suggestious , 37. E. 3. c. 18. 38. Ed. 3. c. 9. Parl. Glocester 2. Ric. 2. Brief History of Succession p. 7. † Plato Rediviv . p. 116. 234. † Plato Rediviv . p. 116. 234. March. Needham , Merc. Polit . n. 65. Sept 4. 1651. Hollinshed 3d. Vol. Chron. F. 508. N. 50. How 's Annals p. 277. Vid. Trussel in vit . R. 2. Parl. Glocest . His deposers within the 25 of Ed. Coke . Treason . * Mag. Chart. 9. H. 3. c. 29. & Cap. 14. ‖ 2 Inst. pag. 49. † The writ of Conviction was the same with an Attaint , and that was by Common Law too . Coke 2. Inst. p. 130. Vid. 3. Inst. p. 222. & 1. Inst. pag. 294. 13. and tho this Judgment is given by no stat . yet there are several Stat. that 〈◊〉 penalty and that even in trespass where damages but 40. sh. 5. E. 3. Chap. 7. Vid. also 〈◊〉 . E. 3. c. 8. 〈◊〉 . E. 3. c. 4. 13. R. 2. and several other Stat. in H. 4 , 5 , 6 , 7 , 8th . times about it . * Vid. Lilburn's Tryal . 24. Oct. 1649. Printed the 28. of November 1649. Page 3. Ib. p. 121. Ibid. pag. 122 , 113. That contradicts directly out of their own Mouth the Doctrine of William Pryn , of his Parliaments Right to it Littleton Sect. 368. Coke Com. ibid. Prideaux . Liburn's Tryal . page 17. Ibid. page 123 † 13. R. 2. † It is the most Honorable Court , the Parliam . excepted that is in the Christian World , of Honorable Proceeding , just Jurisdiction ; A Court that kept all England in quiet , Coke 4 Inst. p. 65. and so it did till abolish'd by the Tumults of a Parliam . An. 1641. page . ‖ Coke 4. Inst. C. 5. † 3. H. 7. c. 1. ‖ Cambden Britt . 130. Coke 4. Inst. p. 65. 63. ne dignitas hujus Curiae vilesceret . Verney's Case . 34. H. 6. Rot. 37. ‖ 'T is that which gives them Life as I have shown before , and makes them any thing besides waste Paper , And the Judicious Hooker in his politicks , seems to be of the same opinion , when he says , Laws take their force not from those that devise them ; but from the power that gives them the strength of Laws . † The seven Kingdoms of the Saxons , had all their Laws made by their 7. several Soveraigns , of which confuss'd number the Confessor cull'd out the best , and call'd them after his own name , St. Edward ; so did also the other Saxon and Danes Kings their own ; after theirs , as you see in Lambert's Book of Laws . ‖ Omne malum ab aquilone . * pag. 21. ‖ Tryal . p. 23. §. 2. † Magn. Chart. 9. H. 3. know ye that we of our mere will have given &c. Chart. Forest. 9. H. 3. begins also with a we will. Stat. Hiber . 14. H. 3. only a mere Order of the King to the Son of Maurice his Judge there ; the words we command you , Witness my self . Note that was even concerning Free-hold ; and a Case of Co-parcenary . The Stat. Bisex . 21. H. 3. tho concerning pleading , and Common Law , but an Order of the King to his Judges ; for the words are we ordain and Command you . Stat. Assiza . 51. H. 3. The King to whom all these shall come greeting . de scacc . the King Commandeth . † 31. Hen. 8. c. 8. Stat. Mert. 6. The King our Lord providing , hath made these Acts , 2d . Inst. p. 101. Westm. 1. 3. Ed. 1. 1. The King willeth and commandeth . Stat. Gavelet even of altering the writ , which they say can't be done but in Parliament , Enacted by the King and his Justices . 10. E. 2. Stat. E. 3. several say ; we will , we ordain so also several , R. 2. H. 8 * Coke 4. Inst. c. 1. Parl. † 34. H. 8. c. 25. ‖ 1. Ed. 4. c. 12. Plato Rediv . That the form . 1. H. 4. H. 5. H. 6. Ed. 4. 〈◊〉 . 3. Then begins the other . 1. H. 7. H. 8. Ed. 6. Q. Mar. Q. El. Jac. 1. Wil. 〈◊〉 Power of Parliam . Exact Abridgem . Fol. 117. p. 1. H. 3. Keeble Stat. 1. El. C. 3. and does not their own Oracle tell them so L. Coke 4 Inst. C. 1. Parliam . H. 6. 4. Inst. Stat. de Bigamis , concordatum per Justiciarios . 2. Inst ibid. Stat. West . 2. 13. Ed. 1. Dominus Rex in Parlia . mento suo Statuta edidit 2. Inst. 331. Stat. 〈◊〉 agatis . 13. Ed. 1. begius . Rex talibus Judicibus Salutem and tho some would not have it an Act of Parliament , my Lord Coke says , 't is prov'd so by the Books , and 〈◊〉 Acts 2. Iust. page 487. 〈◊〉 Jac. 1. C. 〈◊〉 . 6. Car. p. 1. C. 19. 12. Car. 2. C. 25. 〈◊〉 . 2. 13. Car. 〈◊〉 . 13 , 14. Car. 2. C. 10. 19. Car. 2. 8. 25. Car. 2. C. 1. 25. Car. C. 9. Buchanan and his Disciples in Scotland , maintain'd the same Doctrine of the King 's Co-ordinacy ; and therefore their Acts in the Rebellion too , ran in the Name of the three States ; But when the King was returned to his 〈◊〉 , and they to their Obedience , the old form was retrieved , The King with advice and consent of . Car. 2d . Speech to the late Oxford Parliam . Petyt's , Right of the Commons , asserted from his Cleri & populi 〈◊〉 4. Inst. Tryal pag. 24. A Sophism Logician , call the Petitio principi . Page * Vid. Paper at his Execution . He has too that Old Seditious Aphorism us'd by Junius Brutus , & all the rest of the Republicans , Singulis 〈◊〉 . Tryal . p. 23. tho in the next paragraph , he is no more than any of his Subjects . ‖ This Gentleman seems only to have translated that Authors own words , non populus 〈◊〉 Magistratus sed Magistratus prop 〈◊〉 po ulum fuisse creatos . De Jure Magist. Quaest. 5. p. 10. Edit . Francf . ‖ 16. R. 2. c. 5. * Deum Legem & Parliamentum . ‖ Postscript . † Hen. the 3d's time Bracton . lib. 4. cap. 24. § 5. Rex sub nullo nisi tantum Deo. and l. 5. tract . 3. non habet superiorem nisi Deum ; satis habet ad paenam quod Deū expectat ultorem . Paper at his Execution . Treatise of Monarchy , p. 12. p. 17 , 18. Imperium etsilatissime ex lege Regia propter August . latum , pateret , certis tamen limitibus desinitum de jure magist . p. 29. ‖ So the Roman Senate when Augustus was not so much as present freed him from all obligations . * The Lex Regia princeps legibus solutus est l. princ . de legibus . Major singulis Junius Brutus , Vindic. de Jur. Mag. Will. Pryn Parliam . Right . Buchanan . Sidney Tryal p. 23. Coke Littleton 291. Tryal page 26. Tryal pag. 22. De jure Magistrat . Brutus . * Case of 〈◊〉 . Coke , 〈◊〉 . 344. B. The Prerogative of the King is given by the Common Law , and is part of the Laws of the Realm . 3. Instit. p. 〈◊〉 . Stamf. pl. Cr. 62. a Prerog . 5. 〈◊〉 an 〈◊〉 Town 〈◊〉 of the King. Coke 〈◊〉 . 164. 〈◊〉 . ‖ Ibid. Our 〈◊〉 〈◊〉 of Scotland had Parliaments not above 700. years agon , and even their Republicans will allow they had Kings long before , that call'd only the Preceres ; as a worthy . Author of theirs observes , Sir G. M. Jus. Reg. That their old Laws run just like ours here ; the Kings only Acts , and that their . 〈◊〉 did not begin , till about 300. year agon . Which makes it more likely that our own was not summon'd much long before ; for tho they were different Kingdoms , yet Neighbouring Nations , and might nearly follow our Innovations , when 〈◊〉 〈◊〉 〈◊〉 that must be lik'd by all Subjects . ‖ posts . p. 92. * Quia qui mandatam Jurisdictionem suscepit , proprium nil habet , sed ejus qui mandavit Jurisdictione utitur ; Zouch . Elem. pars . 5. § 4. ‖ Quamvis more majorum Jurisdictio transfertur , merū Imperium quod Lege datur , non transit . D. 1. 21. 1. 〈◊〉 〈◊〉 * Coke 4. Inst. c. 7. p. 71. Tryal p. 23. It began Novem. 3d. 40. 21. June 1647. Perf. Diurn page 16. 12. Hollis . Hollis , Hothants , Loves , and Carys 〈◊〉 . Hist. Indep . page 49 , 50.53 . Sir John Maynard . 〈◊〉 , os the People . Pers. Journal , 1699. Dugdale , 260. Barebones Parliam . Tryal page 33. 〈◊〉 . * H. posts . p. 68. ‖ Sidney's Tryal p. 〈◊〉 . His Majesties Speech 22. May , 85. p. 5. ‖ Ibid p. 4. * Rex Legia . ‖ Certis 〈◊〉 Limitibus , nec sine Exceptione probata , jure Magist . Quest. 6. ‖ Jure 〈◊〉 , qd . nimis Multas dignitates 〈◊〉 ibid. p. 38. * Plebs statim a funere ad domum Bruti , & Cassii tetendit , Cinnam Per 〈◊〉 nominis occidet , caputque prefixum hastae circumtulit , columnā parenti patriae statuit , in scripsit ; 〈◊〉 care per 〈◊〉 jurare perseveravit in deonumerum relatum , percussorū nullus ficca morte obiit . 〈◊〉 . p. 51 , 52. ‖ As 〈◊〉 , Claudius , Galba , Vitelsius , Otho . Vid. Sueton. * Unde Apparet ipsos etiam Caesares Juridice damnari , & coerceri potuisse ; de jure Magistrat . p. 38. The King's Prerogative part of the com . Law. D. 45. 1. 38. Alteri stipulari nemo potest , nemo promitendo alienum factum obligatur . Zouch . Element . pars 3. §. 8. Vid. Inst. lib. 3. c. 19. D. 50. 12. 3. D. 50. 12. 1. Vide perfect Diurnal . Hist. of Independency . Deliberaturi de arduis Regni , 4. Inst. C. 1. Parl. † De jure Magistrat . Quest. 6. ‖ Dig. 50. 12. 2. D. 50. 12. 1. Zouch . El. p. 101. * 1. Gen. v. 28. 4. Gen. v. 7. ‖ Vid. Paper at Execut . ‖ 25. Gen. v. 34. * C. 27. ‖ And we are expressly told the first born must not be disinherited , no not for Private Affection . 〈◊〉 . 21. v. 15. If a man have two Wives , the one hated the other lov'd ; and the first born be of her that was hated , he may not make the Son of the belov'd , first born , before the Son of the hated that is indeed the first born ; but must give him a double Portion , because the beginning of his strenght , and the Right of the first-born is his , vers . 15 , 16 , 17. † First Period contain'd An. 1656. 2d . 1518. Secundū Intervallum a Varrone Mythicum appellatur . * So Jehoram succeeded his Father Jehoshaphat , tho he had several younger brothers , Chro. 21. v. 2. And after him Ahaziab his young Son , because says the text all the Elder were slain . Ibid. Chap. 22. v. 1. Which implies that they had succeeded if alive by Birth and Primogeniture . ‖ Numb . 27. v. 9. Posts . p. 71. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist. de Rep. l. 1. c. 2. For every house says he was Govern'd , ( & as the Greek imply's ) after the manner of a King by the Eldest in it . † Heredis institutio nihil aliud est quam ultima voluntas testatoris , Pacius Anal . Inst. p. 26. de hered . Inst. Tit. 14. * Tit. Digest de . verb. signif . l. 130. Quandiu possitvalere testamentum tamdiu legitimus non admittitur , Tit. Dig. de divers . Regis jur . l. 89. Yet even those their 12 tables and the Pretors Laws allow'd a Lineal and Legitimate Succession . ‖ Doct. & Stud. l. 1. c. 7. he E'dest as badg of his birth-right shall bear his Fathers arms without differrence , because more worthy of blood , Cok. Litt. p. 140. Non hominem , sed Deum heredes facere asserunt . Cowels Instit. de Hered . Tit. 14. p. 120. Brct. l. 2. c. 33. Britt . 118. 119. Paper at Execut. page 32. Brief p. 15. Postsc . pag. 118. 1 Kings C. 7. 〈…〉 〈◊〉 . p. 32. Gen. c. 14. verse 2. Gen. C. 26. Page 32. ‖ One of their Republicans much countenances the Notion of Kings being but Fathers , or Fathers Kings . Prisci Reges vocabantur Abimilech , quod Hibraice sonat Pater meus Rex . Jun. Brut-Vindiciae Quest. 3. pag. 25 , 26. Postscr . p. 100. He that but curseth his Father shall dye . Levit. C. 20. V. 9. Deut. 2. verse 18. Plato himself , not the 〈◊〉 , allows those that 〈◊〉 to Rule over what they have 〈◊〉 . Vis & lex naturae semper in ditione parentum esse liberos 〈◊〉 . Plin. Paneg . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. ‖ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , de Rep. l. 1. c. 2. † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Ethic. lib. 8. c. 12. ‖ Aristot. Polit. lib. 3. cap. 7. and then agen lib. 5. cap. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are the same that he expresses in other places by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ‖ Pater is est quem nuptiae demonstrant , D. 2. 4 , 5. Partus sequitur 〈◊〉 . ‖ Quicquid acquirit filius , acquirit pa. tri suo , & servus domino . Inst. 2. 9. 1. Coke Littl. §. 172. Dr. & Stud. l. 1. c. 8. ‖ Posts . p. 113. Potestas patris debet in 〈◊〉 〈◊〉 non atrocitate consistere D. 〈◊〉 . 9. 〈◊〉 . Decet princi pem leges servare quibus ipse solutus . D. 32. 1. 24. ‖ 〈…〉 est civilum Romanorum nulli 〈◊〉 homines talem potestatem habent . Inst. 1. & 9. Inst. lib. 21.9 . Vid. Pacii Anaiibid . Appellatione Familiae etiam princeps familiae Continetur Zouch . pars . 3. §. 4. Dig. 50. 19. 196. Neque naturale liberi neque adoptivae ullo modo possunt 〈◊〉 parentes de potestate suā eos dimittere Iust. 1. 12. 12. Vid. Jul. Pac. ibid. ‖ D. 22. 3. 8. * Ridley's part . 4. C. 2. ‖ Yet Servants were heretofore with us formally Emancipated , Qui servum Liberat inmercato vel hil lumdredo Lanceam & gladium quae liberorum sunt arma in manibus ponat , Lex H. 1. 78. Lamb. p. 206. Vid. Bract. l. 1. c. 10. Flet. l. 1. c. 7. Lex AEthelst . 70. Lamb. p. 54. Post. p. 98. Si aliquis filiolum occideret , ergalum & parentes mortui , conjunctī re us est . Lex Hen. 1. 79. Lamb. p. 207. And with this agrees the reviv'd practise among our moderns to bring Appeals . 25. Ed. 〈◊〉 . Ed. 1. Coke 3. Ins. p. 20. * Chap. Treas . p. 20. Et pur ceo plus semblable Treason , &c. 25. E. 3. c. 2. 〈◊〉 p 1. Mar. Cap. 1. 〈…〉 ‖ Paper at his Exec. † 3. Inst. p. 20. 22. Ed. 1. Matt. Paris 874. ‖ Si quis falsaverit sigillum domini sui de cujus familia fuit . Flet. l. 1. c. 22. Britton . fol. 16. * Coke 3. Ins. fol. 20. ‖ 〈…〉 . * Dig. ad . leg . Jul. maj . l. ult . Vid. 〈◊〉 . & 〈◊〉 . l. 6. ff . d. pub . Vid. Lex Pompeia . de Parricidiis Inst. Lib. 4. Tit. 18. Par. 6. Lex Cornelia . de sicar . made by Cornelius Sylla . the 〈◊〉 . ibid §. 510. 〈◊〉 . Vld. Rom. c. 13. Paper at Execut. Posts . p. 959. ‖ Dig. 22. 4. 2. D. 48. 2. 7. † 37. Ed. 3. 18. 38. Ed. 3. 9. ‖ Nemo Dominum suum judicet , vel judicium proseret super eum cujus ligius sit , Lex Hen. 1. Lamb. 187. Patriarch : p. 6 , ibid. p. 93. Gen. 14. ‖ Plato Redivivus page 23. Numb . 16. Hunt post . Paper at Exec. Berosus the Priest of Belus talks of ten Kings of Caldea before the Flood . Tryal page 26. * De Jure Magistratuum : sic Dani Christiernum , &c. sic Sueci Sigismundum ; But this Author extends it too to absolute , Hereditary Kingdoms , as well as Mr. Sidney . Sic Scoti 〈◊〉 〈◊〉 , & perpetuo carcere damnarunt , rectius , audeo dicere , 〈◊〉 〈◊〉 fuisse , si meritas paenas 〈◊〉 eam exercuissent . D. Jure Mag. p. 47. By me Kings Rule . * Merc. polit . ‖ History of the World , cap. 9. §. 2. Sigon . de Jud. l. 2. c. 4. & de Jure Rom. lib. 2. c. 18. Vid. Baker . pag. 146. Rich. 11. * Qui aliquod munus gerere debent , virtutis habita ratione eliguntur . 〈◊〉 . Orat. pro Monarch . * Vid. Tacit . l. 1. p. 1. Lucius Florus , p. 1. † Lact. de fals . rel . l. 1. c. 22. Vid. Orat. Maecenat . pro Monarch . ‖ Dictator quoniam dictis ejus totus parebat populus , Rom. Antiq. p. 170. Otho , Vitellius , Heliogab . they set up . Alexand . Aurelianus , Probus they murder d. * Sacrilegii instar est , &c. C. 1. 23. 5. ‖ Quisque vel cogitavit . C. 9. 8. 5. † Ibid. Dig. 48. 19 , 38. * 33. Ed. 3 10. H. 7. 16. † Coke Litt. Sect. 1. fol. 1. B. The Possessions of the King are call'd Sacra Par trimonia . 1 Inst. * Justin. l. 16. 36. Praestat regem Tyrannum habere quam nullum , p. 182. Tacit. Lib. 1. Praestat sub malo principe esse quam nullo . Page 23. Notes for div A58510-e130090 * Gasper de Collign , & Mr. D' Andelot . † Alias Godfry de la. Bar. * To renew another about the end of this unhappy War , were publisht those Treasonable Tracts , De jure Magist. & Brutus his Vindiciae : With another as pernicious a piece , a Dialogue composed ( as pretended ) by one Eusebius Philadelphus : Libels that expos'd Majesty to the Publick , like a piece of Pageantry , only to be look'd upon , and shouted at . Vid. Heylin's Hist. 〈◊〉 . pag. 68. * Ursinus . Pareus . * Si bene prome si male con tra , me stringito . † Sleid. Com. fol. 57. An. 1575. † Tryal p. 25. * His Book burnt , even by the Sorbonist , at Paris , A. D. 1610. * Vid. Troubles at Frankfort , Edit . Ann. Dom. 1642. ‖ Sanderson's History of King James , p. 15. * St. Andrew's Scone . Sterling . Edeuburg , &c. 〈◊〉 pag. 123 , 124. * 〈◊〉 , p. 31. * Isle of Lochlevin . * Sanders . History of K. James pag. 52. † Vid. Spotwoods Hist. p. 323 , 324. * An. 1503. † Que regio in terris , &c. Virg. AEneid . † In a Speech to her Parliament dissolv'd , An. 1585 , and of her Reign 27 , She declared them dangerous to Kingly Rule , vid. Holingshed & Stow. * 1 Jacob 1. † Fowlis Hist. pag. 65. * Vid. Printed Votes H. Com. That the giving the King Money , &c. † Vid. even Rustworth . C 〈◊〉 p. 40. c. 16. E. * Aude aliquid brevibus 〈◊〉 & carcere dignum si vis esse aliquid , Juvenal . Satyr . * Vid. Com. Lit. 1 Jnst. p. 26. B. For adherencv to the Kings Enemy without the Realm , the Delinquent to be attained of High Treason . * Vid. Tryal , p. 26. † Plato Redivivus , p. 167. * Ibid. * Ibid. * Ibid. 168. * Vid. Baker , p. 435. A. D. 1625. * So Plat. Red. p. 117. † Vid. The Royal , and the Royalist's Plea , printed , A. D. 1647. * Vid. Lord Keeper's Speech to the Parliament , A. D. 1625. 25. Ed. 3d. * 1. Mar. † Lex Julia Inst. 4. 18. 3d. * Merc. Polit. a 4 Institutes , c. 5. b Reg. Hen. 7. c The 9th of June , 1641. d 1 El. c. 1. e The ninth of June , 1641. f 4 Inst. p. 192. g 32. H. 8. c. 46. h 4 Inst. c. 61 i Ed. 1. Hen. 8. R. 2. H. 5. k Chart. Forest. l 27. H. 8. c. 24. m Magn. char . c 29. and their Petiton of Right . n Dug . view . p. 68. 19. April o 10. Jan. 1644. p May. 20. Exact Coll. p. 259. q 12. H. 7. c. 1. r 17. May. Ex. 〈◊〉 . p. 〈◊〉 . s Coke Lit. p. 164. t 20. May. u Ed. 2. x 7. Ed. 1. y 5. H. 4. z 25. E. 3. a 5 July , 42. Exact . Coll. b 1. Ed. 2. de . mi. litibus , 7. Ed. 1. * Sidney's Tryal , p. 26. Plato Redivivus , p. 167. * Histor. Independ . p. 27. † Ibid. * Ibid. † Ibid. p. 40. * Ibid. † Ibid. p. 44 , 45 , 46 , 47 , 48. * Sidney's Tryal , p 23. * Oliver's first Parliament made the silly Acts about Marriages . * Protector . † The other House . * Hist. Indep . Pt. 4. p. 66 , 67. Ann. Dom. 1653. † An. Dom. 1659. Oct. 26. Hist. Indep . Pt. 4. p 68. * Baker's Chron. p. 694. 1660. 1662. 〈◊〉 . Wil. 〈◊〉 . 〈◊〉 prefixt to their Tryal . * Vid. The whole , in an 〈◊〉 Account 〈◊〉 the Proceedings in the Parliament at London , 1679. March , 1681. * Vid. Coll. Tryal , p 1. 9. † 〈◊〉 . Proceedings at the Old-Baily . 24. Novem . 1681. Vid. Lord 〈◊〉 Tryal , Sidneys , &c. Feb. 7. 1683. Decemb. 1684. * Decemb. 24 , 1684. 〈◊〉 . Discoveries in Scotland , Printed by 〈◊〉 late Majesties Command ; as also , the Account come out in this King's Reign , by Order of the late , Printed by Authority . Vid. His Tryal for High Misdemcanor , at Guild-Hall , London , Feb. 14. 1683 / 4. April 14 , 1684. a Jun. 29. b Jun. 30. * June , 29. 1685. † June . 25. 1685. a July 6. b July 7. a July 13. b July 15. a Postcript to the History of the Association , Printed for Janeway , London . b Post. p. 94 , 69 , 70 , 83 , 93. a Considerations Consider'd , p. 1 , 5 , 14. Merc. Politicus , Num. 62. Num. 64. Num. 67. Num. 79. Num. 115. a Post. p. 89. a Plato Redivivus , p. 209. b Vid. History of the Succession , writ by Merc. Politicus , Number 64 , 65. a Merc. Politicus , Num. 59. July 24. 1651. a Sermon Preach'd to the Parliament , November 5. 1651. a Merc. Politicus , Num. 63. August 21. 1651. b Merc. Politicus , Num , 59. a Case's Sermon before the Court-Martial , London , 1644. † Statuimus quod omnes 〈◊〉 Regni nostri , sint Fratres conjurati ad Monarchiam nostram pro viribus suis pefendendam , Lex . Gal. Conq. 59. Lamb , p. 171. a Mere. Politicus , Number 62 , 79.