Patriarcha, or, The natural power of Kings by the learned Sir Robert Filmer.
         Filmer, Robert, Sir, d. 1653.
      
       
         
           1680
        
      
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             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.
             Errata on p. [12].
             Reproduction of the original in the Bodleian Library.
          
        
      
    
     
       
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         eng
      
       
         
           Political science -- Early works to 1800.
           Monarchy.
        
      
    
     
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               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.