A general draught and prospect of government in Europe, and civil policy Shewing the antiquity, power, decay, of Parliaments. With other historical and political observations relating thereunto. In a letter.
         Rymer, Thomas, 1641-1713.
      
       
         
           1681
        
      
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             A general draught and prospect of government in Europe, and civil policy Shewing the antiquity, power, decay, of Parliaments. With other historical and political observations relating thereunto. In a letter.
             Rymer, Thomas, 1641-1713.
          
           [8], 88 p.
           
             printed for Tho. Benskin, in Greens-Rents near Fleetbridge,
             London :
             1681.
          
           
             With three initial contents leaves.
             Running title reads: A general draught or prospect of government in Europe, &c.
             Pages marked.
             Reproduction of the original in the Bodleian Library.
          
        
      
    
     
       
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           Comparative government -- Early works to 1800.
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           A
           General
           Draught
           and
           Prospect
           OF
           GOVERNMENT
           IN
           EUROPE
           ,
           And
           Civil
           Policy
           .
           SHEWING
           The
           Antiquity
           ,
           Power
           ,
           Decay
           ,
           OF
           PARLIAMENTS
           .
           WITH
           Other
           Historical
           and
           Political
           Observations
           relating
           thereunto
           .
           In
           a
           LETTER
           .
        
         
           
             
               Dimidium
               plus
               toto
               .
            
             
               —
               Medium
               non
               deserit
               unquam
            
             
               Coeli
               Phoebus
               iter
               ,
               radiis
               tamen
               omnia
               lustrat
               .
            
          
           
             Claud.
             
          
        
         
           London
           :
           Printed
           for
           
             Tho.
             Benskin
          
           ,
           in
           
           Greens-Rents
           near
           Fleetbridge
           .
           1681.
           
        
      
       
         
         
         
           THE
           CONTENTS
           .
        
         
           TOo
           narrow
           conceptions
           of
           Parliaments
           .
           Civilians
           ,
           Instruments
           of
           servitude
           .
           Common
           Lawyers
           how
           biassed
           .
           My
           Lord
           Cook
           's
           Etymologies
           .
           Holy
           Scripture
           teaches
           not
           Politicks
           .
           Caesar
           in
           the
           Gospel
           .
           Europeans
           particularly
           love
           Liberty
           .
           Arbitrary
           sway
           inconsistent
           with
           a
           civil
           people
           .
           The
           Gospel
           disposes
           not
           to
           slavery
           .
           Power
           ,
           not
           Titles
           ,
           makes
           a
           King.
           Declining
           power
           casts
           the
           greatest
           shadow
           .
           Modern
           French
           Parliament
           in
           Scarlet
           Robes
           .
           The
           English
           without
           
             Pontificalibus
             .
             jupiters
          
           Scepter
           what
           .
           Pastors
           of
           a
           m●re
           excellent
           species
           than
           the
           flock
           .
           King
           a
           Politick
           Creature
           .
           Mixt
           Government
           ordinary
           in
           Europe
           .
           In
           Asia
           and
           Africa
           ,
           Tyrannical
           .
           Og
           the
           King
           of
           Bashan
           .
           Land
           of
           Gyants
           .
           Excellency
           of
           Kingly
           Government
           .
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           Cyclopses
           
           rul'd
           without
           Parliaments
           .
           Tyrants
           ordinarily
           men
           of
           great
           Vertues
           .
           Tarquin
           the
           proud
           left
           off
           the
           use
           of
           the
           Senate
           .
           Authority
           of
           the
           Senate
           lost
           ,
           Emperors
           but
           tenants
           at
           will
           to
           the
           Army
           .
           The
           
             Common
             Council
          
           in
           Gaul
           and
           
             Britain
             The
             German
             people
             and
             Laws
             transplanted
             .
             The
             Government
             in
             
               Germany
               .
               Pharamond
            
             .
             What
             Names
             for
             the
             Common
             Council
             in
             
               England
               ,
               France
            
             ,
             and
             
               Germany
               .
               Curia
               ,
               Hoss
               .
               Reichs
               Versamblung
               .
               Conventus
               .
               Placitum
               .
               Synodus
               .
            
             Dyet
             .
             Parliament
             .
             
               Populus
               .
               &
               Principes
            
             ,
             often
             used
             for
             the
             same
             Assembly
             .
             Hundreds
             .
             Sheriffs
             .
             Iuries
             .
             Queen
             
               Edburga
               .
               Germany
            
             the
             source
             of
             our
             people
             and
             Laws
             .
             Charlemain
             governed
             by
             annual
             Parliaments
             .
             What
             power
             they
             had
             in
             his
             time
             .
             Succession
             referred
             to
             the
             Parliament
             .
             The
             Elector
             Princes
             .
             Fallacies
             of
             an
             Aristocracy
             .
             The
             
               Golden
               Bull.
            
             Aristocracy
             when
             begun
             in
             the
             Church
             .
             English
             Laws
             in
             danger
             .
             Pretences
             of
             Conquest
             .
             
               Magna
               Charta
            
             .
             In
             Germany
             Title
             by
             the
             Sword.
             Imperial
             Crown
             .
             
               Lex
               Regia
            
             .
             Civil
             Law.
             The
             French
             insensibly
             enslaved
             .
             The
             English
             
             Arms
             in
             France
             .
             The
             project
             of
             a
             new
             sort
             of
             Parliament
             .
             It
             some
             check
             upon
             the
             King.
             The
             Clauses
             
               Mandato
               Regis
               ,
               expresso
               Mandato
               ,
               expressissimo
               mandato
               Regis
               .
               Lewis
            
             the
             Eleventh
             his
             Character
             .
             
               La
               Royauté
               hors
               du
               page
            
             .
             Remonstrances
             for
             the
             Parliament
             .
             Abhorrers
             .
             The
             War
             called
             le
             bien
             
               publique
               .
               Alexander
               Sforza
            
             ,
             his
             advice
             .
             
               Finesse
               .
               Franc-archers
            
             laid
             aside
             .
             
               Adventuriers
               Soldiers
            
             .
             Guard
             of
             Switzers
             establisht
             .
             The
             Parliamentary
             changed
             into
             a
             Military
             Government
             .
             
               Improbe
               factum
            
             .
             Different
             times
             require
             different
             Laws
             .
             Radamanthus
             his
             way
             of
             judging
             .
             Kings
             most
             reserved
             when
             they
             had
             no
             bounds
             .
             The
             Venetians
             .
             How
             they
             dealt
             with
             their
             Princes
             .
             What
             the
             ordinary
             policy
             in
             Germany
             .
             The
             Emperor
             adorned
             with
             Titles
             .
             The
             
               Jura
               Majestatis
            
             where
             .
             Count
             Palatine
          
           Iudge
           ,
           when
           the
           Emperor
           is
           Impeacht
           .
           The
           Legislation
           where
           .
           Religion
           .
           War
           and
           Peace
           .
           Iurisdiction
           .
           The
           Princes
           .
           Furstenrecht
           .
           Chamber
           at
           Spires
           .
           Taxes
           .
           Chief
           Magistrates
           .
           Electors
           .
           What
           they
           assume
           .
           Flowers
           of
           the
           Imperial
           Crown
           .
           
             Tarquinius
             
             Priseus
          
           his
           Artifice
           .
           The
           Emperors
           of
           old
           time
           came
           to
           the
           States
           .
           Maximilian
           .
           The
           Regiment
           instituted
           .
           Their
           Platform
           .
           Charles
           the
           Fifth
           .
           His
           new
           Model
           .
           The
           Assembly
           of
           the
           Deputies
           .
           They
           managed
           by
           Ferdinand
           the
           Second
           .
           The
           
             Privy
             Council
          
           .
           Expedients
           .
           
             Reason
             of
             State.
          
           The
           Iesuits
           like
           not
           a
           mixt
           Government
           .
           Turken-stewer
           ,
           or
           Aid
           against
           the
           Turk
           .
           Caesar
           and
           the
           Electors
           combine
           against
           the
           Diet.
           The
           
             Roman
             Decemviri
          
           .
           The
           States
           wanting
           to
           themselves
           .
           Differences
           about
           Religion
           .
           The
           Protestants
           out-voted
           .
           The
           German
           Dyet
           encumbred
           .
           French
           in
           a
           manner
           defunct
           .
           The
           former
           from
           Charles
           the
           Fifth
           .
           This
           from
           Lewis
           the
           Eleventh
           .
           The
           English
           Parliament
           still
           vigorous
           .
           Legereté
           of
           the
           French.
           The
           English
           steady
           .
           Dance
           not
           after
           the
           French
           Politicks
           .
           
             Magna
             Charta
          
           .
           Petition
           of
           Right
           .
           Annual
           Parliaments
           .
           Uncertainty
           of
           Historians
           .
           Records
           not
           accurate
           .
           Forms
           fallacious
           .
           Civilians
           breath
           a
           Forreign
           ayr
           .
           Rules
           of
           common
           Law
           too
           short
           .
           Divines
           no
           Statesmen
           .
           Kingly
           Race
           may
           degenerate
           .
           Sons
           of
           
             Hercules
             .
             Tasso
          
           .
           The
           
           Emperor
           Aurelian
           .
           His
           account
           of
           Cabals
           .
           Parliaments
           necessary
           .
           Cyclopean
           presumption
           .
           Hesiod's
           proverbial
           paradox
           .
           Cyrus
           moderate
           .
           Cambyses
           .
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           Romulus
           torn
           in
           pieces
           .
           Roman
           Civil
           Empire
           fell
           to
           Barbarians
           .
           
             Charlemain
             .
             Austrians
          
           influenced
           by
           Iesuits
           .
           The
           French
           Court's
           Correspondence
           with
           
             Avignon
             .
             Potestate
             absolutâ
          
           Mortified
           by
           the
           English
           Arms.
           Lewis
           the
           Eleventh
           .
           Standing
           Army
           .
           English
           generosity
           .
           Conquest
           a
           compendious
           Title
           .
           Gunpowder-Treason
           .
           Pensioned
           Parliament
           .
           Not
           subject
           to
           the
           mischiefs
           in
           France
           ,
           or
           Germany
           .
           Division
           in
           Religion
           avoyded
           .
           Poets
           and
           Divines
           regard
           not
           second
           Causes
           .
           
             Jure
             Divino
          
           .
           Latin
           Service
           a
           mark
           of
           Roman
           slavery
           .
           Iudges
           
             durante
             beneplacito
          
           .
           The
           
             Three
             States
             .
             Stands
             ,
             Reich-stands
             .
          
           Why
           so
           called
           .
           Who
           they
           are
           .
           The
           Three
           governing
           parts
           of
           the
           Common-wealth
           in
           Polybius
           .
           The
           Three
           States
           of
           Sparta
           .
           Of
           the
           Romans
           .
           Of
           France
           .
           The
           Clergy
           a
           mixt
           State
           with
           the
           Laiety
           .
           The
           Three
           States
           of
           Germany
           according
           to
           Tacitus
           .
           According
           to
           Hincmar
           in
           
           Charlemain's
           time
           .
           
           Seniors
           who
           .
           When
           Hereditary
           .
           Proclamations
           to
           call
           the
           States
           .
           Particular
           Writs
           when
           first
           used
           .
           Imperial
           Cities
           .
           Electors
           ,
           when
           a
           several
           State.
           The
           Clergy
           never
           a
           distinct
           State
           in
           Germany
           .
           The
           Emperour
           one
           of
           the
           States
           .
           
             Charlemain
             a
             German
             .
             Sacri
             Imperii
             Minister
             .
          
           Tricks
           of
           State
           ,
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
        
      
    
     
       
         
         
           
             SIR
             ,
          
        
         
           SEE
           the
           effect
           of
           your
           commands
           .
           The
           want
           of
           time
           ,
           of
           Books
           ,
           and
           assistance
           in
           this
           my
           retirement
           ,
           make
           me
           very
           uncapable
           of
           the
           undertaking
           .
           But
           my
           obedience
           and
           performance
           with
           a
           Kid
           ,
           will
           I
           hope
           be
           accepted
           ,
           when
           I
           cannot
           sacrifice
           an
           hundred
           Bulls
           .
        
         
           Without
           farther
           Ceremony
           or
           Introduction
           ,
           according
           to
           my
           apprehension
           ,
           when
           we
           enquire
           into
           the
           Authority
           and
           Nature
           of
           Parliaments
           ,
           our
           thoughts
           should
           be
           raised
           above
           all
           prejudice
           and
           particularities
           ;
           we
           should
           not
           conceive
           of
           them
           ,
           as
           of
           some
           Creature
           form'd
           and
           nourisht
           under
           this
           or
           that
           Constitution
           ,
           but
           have
           a
           Notion
           as
           large
           and
           general
           ,
           as
           is
           that
           of
           Government
           of
           Civil
           Society
           .
        
         
         
           We
           must
           not
           be
           confin'd
           to
           the
           Writers
           of
           this
           or
           that
           Age
           ,
           or
           Countrey
           ;
           but
           consult
           the
           Universal
           reason
           and
           sense
           of
           humane
           kind
           ,
           where
           Civil
           Government
           has
           been
           exercised
           .
        
         
           Much
           less
           is
           any
           particular
           profession
           or
           Faction
           of
           Writers
           ,
           to
           be
           the
           only
           Authors
           of
           Credit
           with
           us
           ,
           in
           this
           enquiry
           .
        
         
           Our
           knowledge
           must
           be
           something
           digested
           ;
           and
           an
           impartial
           result
           from
           a
           consideration
           of
           all
           as
           well
           Times
           and
           Countries
           ,
           as
           Writers
           and
           Customs
           .
        
         
           The
           Civilians
           ,
           with
           their
           Bartolus
           and
           Baldus
           ,
           are
           not
           to
           dictate
           to
           us
           on
           this
           occasion
           .
           These
           were
           bred
           out
           of
           the
           corruption
           of
           the
           Roman
           liberty
           ;
           and
           were
           instruments
           of
           servitude
           from
           the
           beginning
           .
           Their
           work
           was
           by
           hook
           and
           crook
           ,
           to
           rap
           and
           bring
           all
           under
           the
           Emperours
           power
           ;
           that
           was
           their
           study
           ,
           that
           their
           Province
           .
           But
           they
           were
           always
           ignorant
           of
           the
           practises
           of
           better
           times
           ,
           and
           utter
           strangers
           to
           the
           just
           Rights
           of
           a
           Free-people
           ;
           their
           Rules
           and
           their
           Maxims
           were
           ,
           in
           effect
           ,
           no
           other
           ,
           than
           so
           many
           stripes
           ,
           so
           many
           
           marks
           and
           items
           of
           Slavery
           to
           the
           Subjects
           .
        
         
           Then
           ,
           for
           the
           Municipal
           Lawyers
           of
           every
           Nation
           ,
           they
           also
           are
           educated
           under
           too
           narrow
           a
           dispensation
           to
           think
           justly
           in
           these
           matters
           .
        
         
           The
           Letter
           is
           their
           sphere
           where
           they
           show
           their
           activity
           ,
           even
           ,
           sometimes
           ,
           to
           the
           perverting
           and
           turning
           it
           against
           the
           reason
           and
           intentions
           of
           the
           Legislator
           .
        
         
           Their
           small
           niceties
           ,
           and
           their
           subtleties
           ,
           and
           their
           inferences
           ,
           are
           too
           fine
           drawn
           to
           bear
           or
           support
           a
           matter
           of
           this
           weight
           and
           circumference
           .
        
         
           Their
           Deductions
           and
           Argumentations
           must
           ever
           be
           taken
           with
           some
           grains
           of
           allowance
           ;
           the
           cause
           here
           requires
           other
           forms
           and
           considerations
           .
           We
           are
           not
           to
           stick
           at
           the
           Letter
           ,
           but
           go
           to
           the
           foundation
           ,
           to
           the
           inside
           and
           essence
           of
           things
           .
        
         
           By
           their
           acquaintance
           with
           the
           Customs
           and
           Laws
           ,
           they
           may
           aid
           and
           direct
           ,
           but
           not
           over-rule
           ;
           they
           may
           apply
           their
           Observations
           to
           strengthen
           the
           Fundamental
           Reason
           ,
           but
           are
           not
           to
           perplex
           and
           subvert
           the
           Form
           of
           Government
           .
        
         
         
           My
           Lord
           Cook
           tells
           us
           ,
           Parliament
           is
           derived
           from
           
             Parler
             le
             ment
          
           ,
           i.
           e.
           from
           speaking
           the
           mind
           .
           He
           might
           as
           honestly
           have
           taught
           us
           that
           firmament
           is
           
             firma
             mentis
          
           ,
           a
           farm
           for
           the
           mind
           ;
           or
           fundament
           ,
           the
           bottom
           of
           the
           mind
           .
        
         
           My
           Lord
           Cook
           ,
           how
           sage
           soever
           otherwise
           ,
           in
           Parliament-house
           is
           no
           more
           Authority
           than
           
             Thomas
             Aquinas
          
           .
        
         
           And
           take
           him
           from
           his
           ordinary
           Element
           ,
           his
           Reasons
           are
           many
           times
           as
           ridiculous
           as
           his
           Etymologies
           .
        
         
           Then
           for
           the
           Holy
           Scripture
           ;
           the
           design
           of
           it
           is
           no
           more
           to
           teach
           us
           Politicks
           ,
           than
           to
           make
           us
           Philosophers
           .
        
         
           
           Ahaz's
           Dial
           is
           no
           President
           for
           our
           time
           or
           measures
           ;
           nor
           may
           the
           Theocracy
           of
           the
           Iews
           authorize
           us
           to
           set
           up
           for
           King
           Jesus
           .
        
         
           Our
           blessed
           Saviour
           did
           not
           distinguish
           whether
           Caesar
           demanded
           Tribute
           ,
           as
           Tribune
           and
           Servant
           of
           the
           people
           ;
           and
           whether
           the
           Roman
           Empire
           remained
           still
           Democratical
           ,
           (
           as
           Caesar
           pretended
           )
           or
           was
           Monarchical
           ,
           as
           ,
           in
           effect
           ,
           it
           prov'd
           .
        
         
           The
           Holy
           Ghost
           neither
           alter'd
           the
           
           complexion
           ,
           nor
           refin'd
           the
           education
           ;
           but
           a
           shepherd
           ,
           notwithstanding
           the
           Oracles
           he
           delivered
           ,
           continued
           the
           same
           in
           other
           circumstances
           ,
           as
           if
           he
           never
           had
           been
           inspir'd
           .
        
         
           In
           like
           manner
           ,
           where-ever
           Christ
           is
           Preached
           ,
           the
           Soul-saving
           Doctrine
           in
           no
           wise
           operates
           upon
           the
           policy
           or
           civil
           Constitutions
           ;
           but
           leaves
           those
           affairs
           to
           be
           influenc'd
           by
           the
           ordinary
           prudence
           and
           discretion
           .
        
         
           Whether
           it
           be
           some
           particular
           generosity
           in
           our
           Nature
           ,
           that
           renders
           us
           impatient
           of
           slavery
           :
           or
           whether
           the
           temperateness
           of
           the
           Climate
           inclines
           us
           to
           a
           moderation
           in
           our
           Government
           :
           Or
           whether
           it
           may
           be
           some
           favourable
           aspect
           of
           the
           Planets
           ,
           (
           as
           Ptolomy
           would
           perswade
           us
           )
           that
           disposes
           Europe
           to
           the
           love
           of
           Liberty
           .
        
         
           So
           far
           as
           any
           Record
           or
           History
           can
           inform
           us
           ,
           That
           Arbitrary
           and
           unlimited
           domination
           ,
           so
           familiar
           in
           the
           Eastern
           parts
           of
           the
           world
           ,
           amongst
           us
           did
           always
           shew
           uncouth
           ,
           and
           to
           be
           stared
           upon
           no
           less
           than
           their
           Elephants
           .
           And
           indeed
           to
           us
           seem
           altogether
           inconsistent
           
           with
           a
           civil
           people
           .
        
         
           And
           it
           can
           be
           no
           more
           the
           business
           of
           the
           Gospel
           to
           reconcile
           us
           to
           that
           yoak
           ,
           than
           it
           is
           to
           Emasculate
           our
           complexion
           and
           nature
           ,
           to
           change
           the
           temper
           of
           our
           Climate
           ,
           or
           to
           turn
           our
           Stars
           from
           their
           Course
           .
        
         
           All
           power
           is
           from
           God
           ,
           and
           we
           are
           to
           be
           subject
           to
           the
           higher
           powers
           ;
           this
           all
           consent
           to
           ;
           this
           is
           Doctrine
           alike
           true
           in
           Holland
           ,
           as
           in
           France
           ,
           at
           Venice
           ,
           as
           at
           Constantinople
           .
        
         
           But
           where
           this
           high
           power
           and
           Soveraignty
           rests
           ,
           in
           whom
           't
           is
           lodged
           ,
           this
           is
           a
           point
           not
           so
           obvious
           :
           Nor
           can
           the
           S.
           S.
           or
           holy
           Fathers
           any
           way
           help
           us
           in
           the
           discovery
           .
        
         
           The
           Customs
           and
           particular
           Laws
           of
           every
           Nation
           ,
           are
           only
           capable
           to
           direct
           us
           in
           that
           scrutiny
           .
        
         
           Obedience
           is
           as
           much
           a
           duty
           ,
           and
           Rebellion
           as
           black
           a
           sin
           where
           the
           people
           are
           King
           ,
           as
           where
           a
           single
           person
           has
           the
           Soveraign
           sway
           .
        
         
           The
           Title
           of
           King
           ,
           Monarch
           ,
           or
           Emperour
           ,
           the
           Scepter
           ,
           the
           Crown
           ,
           the
           Royal
           Throne
           ,
           with
           all
           the
           Robes
           and
           
           pomps
           and
           badges
           of
           Soveraignty
           ,
           and
           the
           precedence
           before
           other
           Christian
           Kings
           ,
           have
           the
           shadow
           of
           Majesty
           ,
           but
           have
           none
           of
           the
           substance
           ,
           as
           Bodin
           truly
           observes
           .
        
         
           The
           Caesars
           were
           never
           so
           absolute
           ,
           as
           when
           the
           Senate
           had
           the
           show
           ,
           and
           the
           name
           of
           all
           .
           But
           afterwards
           when
           their
           power
           declin'd
           ,
           then
           did
           their
           shadows
           lengthen
           ,
           and
           the
           Titles
           swell
           beyond
           all
           sobriety
           and
           proportion
           .
        
         
           The
           French
           Parliaments
           in
           their
           Scarlet
           Robes
           ,
           know
           none
           of
           that
           Soveraign
           power
           which
           their
           plain
           Ancestors
           so
           long
           had
           exercised
           in
           their
           grey
           jackets
           .
        
         
           The
           Pontificalibus
           and
           Formality
           ,
           derogates
           from
           the
           antiquity
           and
           independency
           .
           And
           our
           House
           of
           Commons
           may
           seem
           in
           a
           manner
           ,
           (
           if
           I
           may
           so
           say
           )
           to
           have
           committed
           some
           kind
           of
           Solecism
           ,
           in
           taking
           a
           Mace
           to
           be
           carryed
           before
           them
           ,
           but
           that
           their
           simplicity
           and
           plainness
           otherwise
           sufficiently
           demonstrates
           them
           the
           true
           ,
           sincere
           ,
           original
           ,
           fundamental
           ,
           common
           Councel
           ,
           constituted
           and
           form'd
           before
           Forms
           and
           
           Pageantries
           and
           Fopperies
           obtain'd
           in
           our
           English
           world
           .
        
         
           For
           badge
           and
           ornament
           they
           had
           
           Iupiter's
           Scepter
           ;
           which
           Pluto
           interprets
           to
           be
           ,
           not
           a
           tipt
           Batoon
           ,
           or
           glittering
           engraven
           thing
           ,
           but
           the
           Laws
           and
           Legislative
           power
           .
        
         
           Homer
           has
           taught
           the
           world
           to
           call
           Kings
           Pastors
           of
           the
           people
           .
           We
           commit
           not
           the
           charge
           of
           our
           Cattle
           to
           any
           one
           of
           the
           Herd
           ,
           nor
           for
           our
           sheep
           do
           we
           choose
           one
           out
           of
           the
           flock
           to
           be
           their
           shepherd
           ;
           but
           set
           over
           them
           a
           more
           excellent
           sort
           of
           Animal
           ,
           some
           Man
           is
           appointed
           for
           the
           Neatherd
           ,
           and
           for
           the
           Shepherd
           ,
           to
           govern
           and
           take
           the
           charge
           of
           them
           .
        
         
           Now
           since
           for
           the
           conduct
           and
           sway
           over
           men
           ,
           the
           world
           is
           not
           furnisht
           with
           any
           species
           more
           noble
           than
           Man
           ,
           Art
           supplies
           what
           wanted
           in
           Nature
           ;
           an
           artificial
           man
           is
           fram'd
           ,
           a
           politick
           creature
           ,
           a
           King
           that
           never
           dyes
           ,
           that
           can
           do
           no
           wrong
           ,
           that
           cannot
           be
           deceived
           ,
           whose
           Counsels
           and
           Determinations
           are
           the
           result
           of
           the
           joynt
           experience
           and
           wisdom
           of
           a
           whole
           Nation
           .
        
         
         
           Now
           whether
           this
           artificial
           ,
           may
           be
           call'd
           a
           mixt
           sort
           of
           Government
           ,
           as
           the
           antients
           imagin'd
           .
           Or
           that
           it
           be
           originally
           ,
           essentially
           ,
           and
           fundamentally
           a
           Democracy
           Monarchical
           in
           the
           administration
           ,
           as
           Bodin
           and
           our
           Modern
           Politicians
           seem
           to
           understand
           .
           This
           certainly
           is
           the
           Government
           that
           always
           has
           obtain'd
           in
           Europe
           ;
           and
           that
           which
           all
           ,
           amidst
           their
           Commotions
           ,
           Distractions
           ,
           and
           Convulsions
           ,
           in
           some
           manner
           or
           other
           ,
           with
           more
           or
           less
           success
           and
           perfection
           ,
           have
           tended
           to
           ,
           as
           the
           center
           ,
           and
           onely
           place
           of
           rest
           .
        
         
           If
           therefore
           the
           Jews
           had
           desired
           a
           King
           after
           the
           manner
           of
           the
           Europeans
           ,
           their
           importunity
           peradventure
           might
           not
           have
           been
           so
           provoking
           to
           the
           Almighty
           .
           And
           we
           should
           have
           found
           another
           kind
           of
           Catalogue
           of
           their
           fair
           qualities
           ,
           than
           that
           delivered
           us
           by
           the
           Prophet
           .
           For
           however
           their
           Asian
           or
           African
           Neighbours
           might
           have
           domineer'd
           it
           ,
           and
           bluster'd
           ;
           a
           calmer
           gale
           was
           always
           wont
           to
           breath
           amongst
           us
           in
           Europe
           ,
           And
           ,
           God
           be
           thankt
           ,
           we
           are
           many
           degrees
           Northern
           Latitude
           
           from
           Og
           the
           King
           of
           Bashan
           ,
           and
           the
           Lands
           of
           those
           other
           Gyants
           ,
           Amalekites
           ,
           and
           Philistines
           .
        
         
           The
           first
           Writers
           amongst
           us
           had
           their
           imaginations
           so
           over-born
           with
           the
           excellency
           of
           Kingly
           Government
           ,
           that
           they
           fancied
           in
           Heaven
           Iupiter
           to
           be
           the
           King
           of
           the
           Gods.
           And
           yet
           they
           thought
           the
           Common
           Councel
           so
           necessary
           and
           essential
           ,
           that
           Homer
           represents
           even
           Iupiter
           ,
           upon
           a
           great
           occasion
           ,
           calling
           his
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           ,
           his
           Parliament
           of
           the
           Gods.
           
        
         
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           .
        
         
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           .
        
         
           I
           have
           heard
           Divines
           observe
           something
           of
           this
           kind
           ,
           as
           figured
           of
           God
           Almighty
           from
           those
           words
           ,
           
             Let
             us
             make
             Man.
          
           Those
           words
           in
           the
           plural
           number
           to
           them
           seemed
           to
           import
           ,
           as
           if
           God
           summon'd
           a
           Parliament
           of
           the
           Trinity
           ,
           to
           consult
           upon
           that
           arduous
           affair
           .
        
         
           Our
           Christian
           Poets
           have
           taken
           the
           same
           liberty
           ,
           and
           fancied
           this
           ,
           as
           an
           Image
           of
           Greatness
           ,
           where
           could
           be
           no
           
           accession
           to
           the
           wisdom
           and
           omnipotence
           .
        
         
           But
           again
           ,
           Homer
           (
           whom
           Plato
           in
           his
           Book
           of
           Laws
           ,
           mentions
           as
           a
           Prophet
           ,
           and
           one
           who
           reveals
           those
           things
           concerning
           Government
           ,
           by
           inspiration
           ,
           which
           are
           not
           by
           humane
           knowledge
           to
           be
           attain'd
           )
           to
           shew
           the
           utmost
           inhumanity
           and
           barbarity
           of
           the
           Cyclopses
           and
           their
           Government
           ,
           tells
           us
           ,
           
             They
             neither
             held
             Parliaments
             for
             Counsel
             ,
             nor
             had
             right
             .
          
        
         
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           .
        
         
           He
           joyns
           Parliament
           and
           right
           ,
           as
           of
           late
           days
           Guicciardine
           does
           Parliament
           and
           Liberty
           ;
           as
           if
           Parliament
           ,
           Right
           ,
           and
           Liberty
           ,
           were
           to
           stand
           and
           fall
           together
           .
        
         
           And
           indeed
           amongst
           the
           Greeks
           ,
           how
           many
           persons
           ,
           excellent
           otherwise
           ,
           have
           been
           branded
           for
           Tyrants
           and
           Monsters
           ,
           and
           made
           odious
           to
           all
           posterity
           ,
           because
           they
           affected
           a
           more
           singular
           and
           unbounded
           power
           than
           was
           consistent
           with
           the
           Customs
           and
           Constitutions
           of
           their
           Country
           ?
        
         
         
           Nor
           was
           this
           Policy
           less
           known
           or
           practiz'd
           by
           the
           Latines
           .
           None
           of
           the
           antient
           Kings
           of
           Italy
           or
           Rome
           exercis'd
           other
           Government
           than
           by
           Parliament
           ,
           till
           Tarquin
           the
           Proud
           with
           much
           Stratagem
           and
           Artifice
           attempted
           a
           new
           way
           .
           But
           how
           fatal
           did
           he
           find
           that
           innovation
           ?
        
         
           Afterwards
           that
           the
           Caesars
           usurped
           the
           Empire
           ,
           when
           their
           power
           was
           the
           highest
           ,
           they
           affected
           to
           have
           all
           done
           in
           the
           name
           of
           the
           people
           and
           Senate
           .
           
             Neque
             tam
             parvum
             quicquam
             ,
             neque
             tam
             magnum
             publici
             privatique
             negotii
             ,
             de
             quo
             non
             ad
             Patres
             Conscriptos
             referrebatur
             .
          
        
         
           And
           notwithstanding
           the
           antient
           Liberty
           and
           Government
           was
           so
           run
           down
           ,
           yet
           on
           some
           occasions
           ,
           the
           authority
           of
           the
           Senate
           would
           be
           exerting
           itself
           .
        
         
           They
           declared
           Nero
           an
           Enemy
           of
           the
           State
           ,
           and
           their
           Sentence
           had
           its
           effect
           .
        
         
           Nor
           could
           (
           the
           delight
           of
           humane
           kind
           )
           Titus
           ,
           though
           so
           far
           engaged
           in
           love
           and
           honour
           ,
           stem
           the
           authority
           of
           the
           Senate
           ,
           in
           favour
           of
           his
           dear
           Berenice
           ;
           but
           was
           forced
           to
           dismiss
           her
           ,
           because
           they
           forbad
           the
           Banes.
           
        
         
         
           And
           in
           effect
           ,
           the
           power
           of
           the
           Senate
           once
           gone
           ,
           that
           of
           the
           Emperors
           signified
           little
           ;
           the
           giddy
           Souldiers
           broke
           all
           Rules
           and
           Measures
           .
           They
           mutinied
           ,
           and
           made
           and
           unmade
           Emperours
           ,
           where
           ,
           and
           when
           ,
           and
           whom
           they
           had
           a
           mind
           to
           .
           So
           that
           the
           Emperour
           was
           onely
           Tenant
           at
           will
           to
           the
           Army
           .
        
         
           Our
           Botchers
           of
           History
           ,
           shew
           a
           jolly
           Succession
           of
           Monarchs
           on
           their
           file
           for
           Britain
           in
           those
           days
           .
           But
           Caesars
           Commentaries
           are
           of
           much
           better
           Credit
           ,
           who
           represents
           the
           Government
           of
           Gaul
           and
           Britain
           ,
           as
           muchwhat
           the
           same
           in
           his
           time
           ;
           says
           he
           of
           
             Britain
             ,
             Summa
             Imperii
             bellique
             administrandi
             Communi
             Consilio
             permissa
             est
             Cassivellano
             ,
          
           &c.
           
           The
           chief
           Command
           and
           Conduct
           of
           the
           War
           ,
           was
           by
           the
           Common
           Councel
           committed
           to
           Cassivellaun
           .
           Compare
           these
           words
           with
           what
           he
           writes
           of
           the
           
             Gauls
             ,
             l.
             7.
             
             Re
             in
             Controversiam
             deductâ
             totius
             Galliae
             Consilium
             Bibracte
             indicitur
             ,
             eodem
             conveniunt
             undique
             frequentes
             multitudines
             ,
             suffragiis
             res
             permittitur
             ,
             ad
             unum
             omnes
             Vercengentorigem
             probant
             Imperatorem
             .
          
           
           Here
           the
           Counsel
           of
           all
           Gaul
           ,
           by
           reason
           of
           the
           War
           ,
           put
           it
           to
           the
           Vote
           who
           shall
           be
           their
           General
           ;
           and
           it
           was
           carried
           with
           a
           
             nemine
             contradicente
          
           for
           Vercengentorix
           .
        
         
           And
           't
           is
           beyond
           dispute
           ,
           that
           their
           Government
           continued
           the
           same
           in
           the
           times
           of
           which
           
             Dion
             Cassius
          
           and
           Tacitus
           write
           .
        
         
           Nor
           is
           their
           uniformity
           so
           strange
           ,
           considering
           the
           Authority
           of
           the
           Druyds
           ,
           and
           their
           correspondence
           in
           both
           Nations
           .
        
         
           When
           the
           English
           and
           French
           came
           from
           Germany
           to
           people
           Britain
           and
           Gaul
           ,
           the
           German
           Liberty
           and
           moderate
           sway
           were
           transplanted
           with
           them
           ;
           and
           still
           the
           Common
           Councel
           had
           the
           main
           stroke
           in
           all
           weighty
           affairs
           ;
           for
           to
           that
           Policy
           had
           they
           also
           been
           educated
           .
        
         
           The
           Scheme
           of
           the
           German
           Government
           appears
           in
           these
           passages
           of
           
             Tacitus
             .
             De
             minoribus
             rebus
             Principes
             consultant
             ,
             de
             majoribus
             Omnes
             .
          
           In
           lesser
           matters
           the
           principal
           men
           onely
           ,
           in
           the
           greatest
           affairs
           all
           consult
           .
        
         
           Elsewhere
           he
           says
           of
           them
           ,
           
             Vbi
             Rex
             
             vel
             Princeps
             audiuntur
             Authoritate
             suadendi
             magis
             quam
             jubendi
             potestate
             .
          
           Where
           the
           King
           or
           Prince
           are
           heard
           for
           the
           reasons
           they
           bring
           to
           perswade
           ,
           rather
           than
           for
           any
           Authority
           to
           command
           .
        
         
           Hereby
           't
           is
           manifest
           ,
           that
           in
           Germany
           also
           the
           people
           had
           their
           share
           in
           debating
           and
           directing
           all
           affairs
           of
           moment
           .
        
         
           When
           therefore
           the
           French
           under
           Waramond
           ,
           or
           Pharamond
           ,
           came
           to
           settle
           and
           mix
           with
           the
           Gauls
           ,
           whatever
           other
           differences
           might
           happen
           ,
           in
           point
           of
           Government
           they
           were
           agreed
           before
           hand
           ,
           both
           resting
           upon
           the
           same
           Basis
           ,
           the
           Common
           Councel
           .
        
         
           Accordingly
           in
           those
           first
           days
           ,
           we
           find
           them
           making
           their
           Kings
           ,
           and
           again
           upon
           occasion
           unmaking
           them
           by
           general
           consent
           .
           Hence
           come
           these
           Phrases
           so
           frequent
           in
           
             Aimoinus
             ,
             Sigebert
             ,
             Engenhardus
          
           ,
           and
           the
           other
           Writers
           of
           those
           times
           .
           
             Consensu
             Francorum
             ,
             Electione
             Francorum
             ,
             Secundum
             Morem
             Francorum
             ,
             in
             Regem
             electus
             ,
          
           &c.
           
           On
           the
           other
           hand
           ,
           
             Franci
             regno
             deturbant
             ,
             a
             Francis
             repudiatur
             ,
             depositus
             ac
             detonsus
             in
             monasterium
             detrusus
             est
             ,
             a
             Francis
             in
             Monachum
             
             tonsuratur
             ,
          
           &c.
           
           Where
           we
           may
           note
           ,
           that
           our
           Authors
           intend
           by
           their
           
             per
             Francos
          
           ,
           as
           much
           as
           
             per
             consensum
             Francorum
          
           ,
           or
           
             secundum
             morem
             Francorum
          
           ,
           which
           is
           ,
           by
           the
           Common
           Counsel
           ,
           and
           not
           in
           any
           unusual
           ,
           mutinous
           ,
           and
           tumultuous
           way
           ,
           as
           some
           might
           object
           .
        
         
           Nor
           are
           we
           to
           imagine
           the
           Government
           presently
           altered
           ,
           so
           often
           as
           we
           find
           the
           Historians
           varying
           their
           phrase
           .
           We
           must
           now
           and
           then
           be
           content
           with
           such
           words
           as
           the
           Monks
           of
           those
           times
           were
           pleased
           to
           coyn
           for
           us
           ,
           and
           have
           new
           barbarous
           Names
           for
           the
           same
           old
           Civil
           Constitution
           .
        
         
           Whether
           they
           speak
           of
           Germany
           ,
           of
           the
           French
           ,
           or
           of
           our
           Nation
           ,
           they
           indifferently
           diversifie
           ,
           and
           employ
           for
           the
           same
           common
           assembly
           amongst
           others
           ,
           the
           appellations
           and
           circumlocutions
           following
           .
        
         
           
             Sometimes
             they
             call
             it
          
           Curia
           ,
           and
           Curia
           Imperialis
           ,
           and
           Curia
           Regalis
           ,
           Curia
           solennis
           ,
           generalis
           Curia
           ,
           magna
           Curia
           .
           
             
               Concelebranda
               patrum
               solenni
               curia
               coctu
               ,
            
             
               Curia
               Roncaliis
               jampridem
               indicta
               coïret
               ,
            
          
           
           
             say
             their
             Poets
             .
             Which
             is
             expessed
             in
             the
          
           German
           
             Tongue
             ,
             by
          
           Hove
           ,
           Koniglicher
           Hove
           ,
           grossen
           Hoff.
           
        
         
           Elsewhere
           it
           is
           call'd
           Congregationes
           ,
           which
           the
           Germans
           render
           Reichsversamblung
           .
        
         
           Sometimes
           it
           is
           call'd
           
             Concilium
             Principum
             ,
             totius
             Germaniae
             Concilium
             ,
             Concilium
             generale
             .
             Gunther
             says
             ,
          
           
             Concilium
             Procerum
             toto
             de
             corpore
             regni
             Convocat
             .
          
        
         
           And
           the
           Monk
           of
           Paderborn
           ,
           who
           liv'd
           about
           eight
           hundred
           years
           ago
           ,
           in
           his
           Annals
           of
           Charles
           
             the
             Great
          
           ,
           
             
               Anno
               772.
               
            
             
               Et
               Rex
               Wormatiam
               Carolus
               collegit
               in
               urbem
               ,
            
             
               Francorum
               proceres
               ad
               Concilium
               generale
               .
            
          
        
         
           
             Imperialia
             .
             Concilia
             postquàm
             cessavere
             ,
             omnes
             pene
             deformitates
             introductae
             sunt
          
           ,
           says
           Cardinal
           Cusan
           .
        
         
           
             Elsewhere
             these
             were
             called
          
           Conventus
           ,
           Conventus
           generalis
           ,
           Conventus
           Imperatorem
           .
           
           Convenire
           generaliter
           populum
           suum
           praecepit
           .
           Habuit
           populi
           sui
           generalem
           Conventum
           .
           Habitoque
           juxta
           Morem
           Conventu
           generali
           .
           
             The
             Monk
             of
          
           Paderborn
           
             thus
             versifies
          
           .
           
             
               Anno
               775.
               
            
             
               Ad
               Duriam
               vicum
               properant
               ,
               nam
               rege
               jubente
               ,
            
             
               Illic
               Conventus
               populi
               generalis
               habetur
               .
            
          
        
         
           Elsewhere
           ,
           
             
               Venit
               ,
               &
               ad
               fontes
               fluvii
               cui
               Lippia
               nomen
               ,
            
             
               Conventum
               fieri
               Procerum
               jussit
               generalem
               .
            
             
               Anno
               775.
               
            
             
               Publicus
               in
               Paderbrunon
               Conventus
               habetur
               .
            
          
        
         
           Most
           commonly
           it
           was
           called
           
             Placitum
             .
             Compendii
             placitum
             generale
             habuit
             .
          
           Aimoinus
           .
           Rex
           Pipinus
           
             habuit
             placitum
             suum
             in
             Nivernis
          
           Regino
           ,
           An.
           773
           ,
           and
           An.
           777.
           
           
             Tenuit
             placitum
             in
             loco
             qui
             dicitur
          
           Paderbrunnon
           .
           Abbas
           Stadensis
           in
           Chr.
           An.
           811
           ▪
           
             Imperator
             habito
             
             placito
          
           ,
           &c.
           And
           the
           aforesaid
           Monk
           ,
           
             
               Anno
               770.
               
            
             
               Conventum
               placiti
               generalis
               habere
               ,
            
             
               Cum
               ducibus
               se
               velle
               suis
               denunciat
               illic
               .
            
          
        
         
           Regino
           
             calls
             it
          
           Synodus
           .
           An.
           770.
           
           Carolus
           habuit
           Synodum
           in
           Wormatiaâ
           .
           771.
           
           Habuit
           Synodum
           ad
           Valentinianos
           .
           772.
           
           Synodum
           habuit
           in
           Wormariâ
           .
           775.
           
           Habuit
           Synodum
           in
           villâ
           quae
           dicitur
           Duria
           .
           780.
           
           In
           Lippa
           Synodum
           tenuit
           .
           Convenerant
           multi
           Episcopi
           ,
           Abbates
           ,
           &
           ,
           Principes
           ad
           Imperialem
           Synodum
           .
           
             Trithem
             .
             Abb.
          
           
        
         
           Afterwards
           in
           
             Germany
             ,
             Diet
          
           was
           the
           name
           that
           generally
           prevailed
           ,
           as
           that
           of
           Parliament
           in
           France
           and
           England
           .
        
         
           Now
           these
           Quotations
           and
           Authorities
           shew
           ,
           not
           only
           that
           by
           all
           this
           variety
           of
           Names
           were
           understood
           the
           same
           
             Common
             Councel
          
           ,
           but
           that
           the
           
             Principes
             ,
             Proceres
             ,
             Primores
             ,
             Duces
             ,
             Patres
             ,
          
           &c.
           imported
           no
           more
           in
           truth
           ,
           nor
           signified
           other
           manner
           of
           Men
           ,
           than
           the
           very
           same
           with
           Populus
           .
        
         
           And
           the
           same
           Assembly
           by
           one
           Writer
           barely
           called
           Populus
           ,
           or
           
             Conventus
             
             populi
          
           ,
           is
           by
           another
           stiled
           .
           
             Conventus
             procerum
             ,
             Conventus
             principum
          
           ,
           &c.
           which
           those
           terms
           
             secundam
             morem
             ,
             juxta
             morem
             ,
             more
             solenni
             ,
             ut
             solebat
             ,
          
           more
           fully
           demonstrate
           ;
           which
           seem
           to
           refer
           and
           send
           us
           back
           to
           
             Tacitus
             ,
             Consultant
             de
             majoribus
             omnes
             .
          
        
         
           This
           I
           the
           rather
           note
           ,
           because
           I
           find
           Mr.
           Petty
           (
           amongst
           many
           other
           his
           excellent
           Memorials
           )
           observing
           the
           like
           in
           old
           Records
           of
           Parliament
           ,
           where
           those
           somewhere
           called
           Populus
           ,
           and
           Vulgus
           ,
           and
           the
           Commons
           ,
           are
           otherwhiles
           dignified
           with
           the
           gay
           additions
           of
           
             Noble
             ,
             Most
             Noble
             ,
             Most
             Illustrious
             ,
             Most
             Gracious
             ,
             Seigniors
             ,
             Monseigniours
             ,
          
           and
           Sires
           the
           Commons
        
         
           And
           likewise
           for
           that
           some
           unwary
           and
           superficial
           Readers
           from
           this
           root
           have
           propagated
           and
           improved
           many
           Errours
           of
           pernicious
           consequence
           to
           our
           ancient
           and
           Fundamental
           Policy
           and
           Government
           .
        
         
           The
           French
           incorporating
           and
           growing
           one
           people
           with
           the
           former
           Inhabitants
           ,
           had
           a
           much
           easier
           Province
           ;
           they
           setled
           ,
           and
           pursued
           their
           Native
           Customs
           
           and
           Forms
           of
           Government
           ,
           nor
           met
           with
           that
           difficulty
           and
           opposition
           which
           in
           this
           Nation
           attended
           the
           English
           and
           Saxons
           .
           These
           had
           a
           much
           harder
           game
           to
           play
           .
           These
           could
           in
           no
           wise
           fix
           ,
           or
           find
           any
           sure
           footing
           ,
           without
           first
           clearing
           their
           way
           ,
           and
           driving
           the
           Britains
           up
           by
           themselves
           ,
           into
           a
           corner
           of
           the
           Land.
           
        
         
           And
           after
           much
           tumbling
           and
           bustle
           ,
           we
           find
           them
           formed
           into
           a
           Heptarchy
           .
        
         
           How
           regularly
           they
           mov'd
           as
           to
           Civil
           Affairs
           ,
           how
           closely
           they
           followed
           their
           Country-Customs
           ,
           or
           where
           they
           innovated
           and
           varied
           from
           their
           German
           Forms
           and
           Policy
           ,
           in
           those
           dark
           times
           ,
           is
           hard
           to
           be
           traced
           .
        
         
           Some
           footsteps
           however
           appeared
           then
           ,
           which
           remained
           to
           posterity
           ,
           as
           the
           division
           of
           the
           Countrey
           into
           Hundreds
           ,
           after
           the
           German
           manner
           described
           by
           Tacitus
           .
           Besides
           the
           other
           Royalties
           in
           the
           people
           ,
           as
           that
           of
           appointing
           Sheriffs
           ,
           and
           choosing
           Annual
           Magistrates
           ,
           the
           jurisdiction
           and
           
             power
             of
             life
          
           and
           death
           by
           our
           Juries
           ,
           &c.
           
        
         
           And
           even
           before
           all
           came
           united
           under
           
           one
           Monarch
           ,
           we
           find
           the
           people
           interposing
           their
           Authority
           ,
           and
           (
           for
           the
           miscarriages
           of
           Queen
           Edburga
           )
           providing
           that
           thereafter
           ,
           
             No
             Queen
             shall
             sit
             by
             the
             King
             ,
             nor
             have
             the
             Title
             of
             Queen
             ,
             but
             be
             called
             only
             the
             Kings
             Wife
             .
             Gens
             itaque
             occidentalium
          
           Saxonum
           
             Reginam
             juxta
             Regem
             sedere
             non
             patitur
             ,
             nec
             etiam
             Reginam
             appellari
             ,
             sed
             Regis
             conjugem
             permittit
             ,
          
           &c.
           Asser.
           Menev.
           &
           Mals
           .
           But
           I
           shall
           not
           repeat
           what
           Cambden
           and
           Selden
           ,
           and
           our
           other
           Antiquaries
           have
           collected
           on
           this
           occasion
           ;
           but
           Germany
           being
           the
           source
           both
           of
           our
           people
           and
           Laws
           ,
           I
           choose
           rather
           
             petere
             fontes
          
           .
           And
           thence
           it
           may
           be
           concluded
           how
           far
           we
           do
           
             stare
             super
             vias
             antiquas
          
           ,
           and
           continue
           firm
           upon
           the
           old
           bottom
           .
        
         
           When
           the
           People
           and
           Senate
           of
           Rome
           had
           transferred
           all
           their
           right
           upon
           Charles
           the
           Great
           (
           or
           Charlemain
           ,
           as
           the
           French
           call
           him
           )
           and
           Germany
           was
           made
           the
           seat
           of
           the
           Western
           Empire
           ,
           one
           might
           think
           ,
           if
           there
           could
           be
           an
           opportunity
           of
           introducing
           a
           new
           form
           of
           Policy
           ,
           this
           was
           the
           time
           .
           Yet
           Charles
           ,
           
           so
           victorious
           ,
           so
           august
           ,
           so
           great
           ,
           the
           like
           in
           no
           age
           before
           him
           or
           since
           ever
           known
           on
           this
           side
           the
           Alps
           ,
           notwithstanding
           all
           that
           power
           and
           fortune
           ,
           and
           the
           Imperial
           Crown
           that
           adorn'd
           him
           ,
           his
           Language
           was
           still
           the
           high
           German
           ,
           and
           his
           Government
           did
           still
           in
           the
           old
           Parliamentary
           way
           go
           on
           and
           prosper
           .
        
         
           Therefore
           we
           find
           him
           every
           year
           with
           his
           Parliament
           .
           Eginhardus
           ,
           who
           was
           his
           Son-in-law
           ,
           and
           Chancellour
           ,
           says
           of
           him
           ,
           
             Rex
             sic
             ad
             publicum
             populi
             sui
             conventum
             qui
             annuatim
             ob
             regni
             utilitatem
             celebrabatur
             ,
             ire
             ,
             sic
             domum
             redire
             solebat
             .
          
           And
           
             Aimoynus
             ,
             l.
             4.
             c.
             74.
             
             Generalem
             Conventum
             quotannis
             habuit
             .
          
        
         
           
             And
             to
             these
             Parliaments
          
           ,
           under
           God
           ,
           so
           far
           as
           humane
           reason
           may
           judge
           ,
           does
           Hincmar
           
             (
             Archbishop
             of
          
           Rheims
           ,
           
             and
             Chancellour
             in
             those
             times
             )
             ascribe
             his
             happy
             Reign
             .
          
           Secunda
           divisio
           ,
           qua
           totius
           Regni
           status
           anteposito
           ,
           sicut
           semper
           ,
           omnipotentis
           Dei
           judicio
           ,
           quantum
           ad
           humanam
           rationem
           pertinebat
           ,
           conservari
           videbatur
           ,
           haec
           est
           ,
           consuetudo
           tunc
           temporis
           erat
           ,
           ut
           non
           saepius
           sed
           bis
           in
           Anno
           duo
           placita
           tenerentur
           ,
           unum
           quando
           ordinabatur
           
           status
           totius
           Regni
           ad
           anni
           vertentis
           spacium
           ,
           quod
           Ordinatum
           nullus
           eventus
           rerum
           ,
           nisi
           summa
           necessitas
           ,
           quae
           similiter
           toti
           Regno
           incumbebat
           ,
           mutabat
           ,
           in
           quo
           placito
           generalitas
           universorum
           majorum
           ●am
           Clericorum
           quam
           Laicorum
           conveniebat
           ,
           alterum
           cum
           Senioribus
           tantum
           &
           praecipuis
           Consiliariis
           .
        
         
           All
           this
           seems
           but
           a
           Paraphrase
           upon
           the
           passage
           afore-cited
           out
           of
           Tacitus
           ,
           as
           to
           the
           Form
           of
           Government
           .
           The
           Princes
           and
           Seniors
           are
           for
           the
           matters
           of
           less
           weight
           ;
           the
           former
           here
           mentioned
           ,
           was
           the
           
             generale
             placitum
          
           ,
           which
           the
           Germans
           more
           particularly
           call
           ,
           
             Die
             jahrlicke
             versamblung
          
           ,
           the
           yearly
           Assembly
           .
           Whose
           business
           (
           he
           tells
           us
           )
           was
           
             to
             order
             the
             state
             of
             the
             Kingdom
             .
          
        
         
           He
           shows
           us
           likewise
           how
           binding
           these
           their
           Ordinances
           were
           ,
           and
           not
           to
           be
           contraven'd
           unless
           upon
           the
           
             utmost
             necessity
          
           ,
           not
           a
           suggested
           ,
           invisible
           ,
           Courtnecessity
           ,
           but
           
             quae
             toti
             regno
             incumbebat
             ,
             a
             necessity
          
           that
           lay
           upon
           the
           whole
           Kingdom
           .
        
         
           In
           effect
           ,
           the
           Parliament
           Ordered
           ,
           and
           he
           Executed
           their
           Orders
           ;
           his
           Office
           was
           the
           Administration
           .
        
         
         
           Amongst
           other
           particulars
           ,
           we
           find
           him
           in
           Parliament
           adjusting
           the
           matter
           of
           Succession
           ,
           as
           Eginhard
           ,
           and
           the
           Abbot
           of
           
             Staden
             ,
             An.
          
           813.
           informs
           us
           ,
           of
           which
           the
           Monk
           of
           
             Paderborn
             ,
             An.
          
           813.
           
        
         
           Vnde
           Duces
           ,
           ac
           Primores
           solenniter
           omnes
        
         
           Atque
           Magistratus
           ,
           ad
           Concilium
           generale
        
         
           vndique
           collegit
           ,
           Natoque
           suo
           Ludovico
        
         
           Cunctorum
           cum
           consilio
           jus
           omne
           regendi
        
         
           Tradidit
           Imperii
           ,
           Successoremque
           paterni
        
         
           Imposito
           designavit
           Diademate
           Regni
           .
        
         
           And
           accordingly
           his
           Son
           Lodowic
           by
           
             general
             consent
          
           of
           Parliament
           did
           succeed
           him
           ;
           
             post
             mortem
             patris
          
           Aquisgrani
           
             summo
             omnium
          
           Francorum
           
             consensu
             administrationem
             accepit
          
           ,
           Anony
           .
           An.
           814.
           de
           reb
           .
           gest
           .
           Pip.
           Car.
           &
           Lud.
           
        
         
           
             The
             same
             Author
             tells
             us
             ,
             that
             this
          
           Ludowic
           ,
           Lotharium
           filium
           Primogenitum
           consortem
           Imperii
           constituere
           volens
           ,
           Aquisgrani
           in
           conventu
           ,
           more
           solito
           ,
           instituto
           ,
           eum
           coronavit
           .
        
         
           
             In
             like
             manner
             we
             have
             the
             Son
             of
          
           Arnulph
           
             chosen
             in
             Parliament
             to
             succeed
             his
             Father
             .
          
           Regino
           ,
           An.
           900.
           
           Proceres
           
           &
           optimates
           ad
           Forachem
           congregati
           Ludovicum
           silium
           praefati
           principis
           ,
           quem
           ex
           legitime
           Matrimonio
           susceperat
           ,
           Regem
           super
           .
           se
           ●reant
           ,
           &
           Coronatum
           ,
           regiisque
           ornamentis
           indutum
           in
           fastigio
           Regni
           sublimant
           .
        
         
           Nor
           was
           this
           done
           onely
           out
           of
           Formality
           ,
           and
           for
           the
           greater
           state
           and
           solemnity
           on
           those
           occasions
           ,
           for
           we
           sometimes
           find
           them
           refusing
           to
           grant
           what
           the
           Emperour
           labour'd
           to
           obtain
           .
           Amongst
           other
           instances
           ,
           we
           have
           this
           last
           named
           
             Arnolph
             ,
             An.
          
           894
           ,
           attempting
           to
           get
           the
           Parliament
           make
           his
           Son
           Zundelbolk
           King
           of
           Lorrain
           .
           But
           they
           would
           not
           gratifie
           him
           .
           Filium
           Zundelbolk
           ,
           An.
           894.
           
           
             Ordinibus
             Convocatis
             Regno
          
           Lothoraii
           
             praeficere
             voluit
             ,
             minime
             tamen
             optimates
             praedicti
             Regni
             eâ
             vice
             adsensum
             praebuere
             .
          
           Regino
           ,
           l.
           2.
           
           But
           the
           next
           year
           after
           he
           prevailed
           ,
           says
           the
           same
           Author
           :
           
             Anno
             vero
             sequenti
             in
             conventu
          
           Wormatiae
           
             instituto
             ,
             omnibus
             adsentientibus
             id
             demum
             obtinuit
             .
          
        
         
           
             Hitherto
             these
             appear
             to
             be
             the
             same
          
           Germans
           ,
           ubi
           Rex
           vel
           Princeps
           audiuntur
           Authoritate
           suadendi
           ,
           ●agis
           quam
           jubendi
           potestate
           .
        
         
         
           And
           seeing
           that
           this
           of
           Succession
           ,
           is
           one
           of
           those
           points
           that
           are
           of
           greatest
           importance
           ,
           't
           is
           strange
           how
           the
           right
           of
           Electing
           the
           Emperors
           came
           afterwards
           to
           be
           left
           in
           so
           few
           hands
           ,
           and
           to
           be
           setled
           in
           the
           Seven
           only
           ,
           who
           ,
           in
           course
           of
           time
           got
           the
           name
           of
           
             Princes
             Electors
          
           .
        
         
           Neither
           the
           occasion
           ,
           nor
           the
           time
           when
           this
           Custom
           began
           ,
           can
           be
           discovered
           .
           Some
           would
           deduce
           it
           from
           Charles
           the
           Great
           .
           Some
           from
           Otho
           the
           Third
           ,
           who
           Reigned
           about
           the
           year
           990.
           
           Others
           from
           Otho
           the
           Fourth
           ,
           An.
           1200.
           
           Others
           again
           from
           Henry
           the
           Second
           ,
           who
           was
           Emperour
           ,
           An
           ,
           1001.
           
        
         
           From
           which
           uncertainty
           we
           may
           only
           gather
           ,
           that
           the
           Custom
           was
           very
           Ancient
           .
           But
           it
           is
           not
           to
           be
           imagined
           that
           the
           other
           States
           by
           any
           publick
           Act
           transferred
           the
           right
           upon
           those
           Seven
           .
        
         
           Amongst
           the
           fallacies
           and
           cheats
           of
           State
           ,
           whereby
           the
           rich
           Men
           may
           impose
           upon
           the
           poorer
           sort
           ,
           and
           worm
           them
           out
           of
           all
           their
           share
           in
           the
           Government
           ,
           
           Aristotle
           reckons
           these
           :
           
             That
             it
             be
             penal
             for
             the
             rich
             to
             be
             absent
             from
             the
             Common
             Councils
             ,
             to
             refuse
             being
             in
             Office
             ,
             to
             want
             ,
             or
             omit
             the
             exercise
             of
             Arms
             ,
             not
             to
             serve
             upon
             Iuries
             ,
          
           &c.
           
           
             But
             the
             poorer
             sort
             may
             use
             their
             discretion
             ,
             it
             shall
             not
             be
             penal
             to
             them
             ;
             they
             may
             choose
             whether
             or
             no
             they
             will
             be
             present
             in
             Common
             Council
             ,
             bear
             Office
             ,
             be
             at
             the
             charge
             of
             Arms
             and
             Training
             ,
             be
             impannel'd
             upon
             Iuries
             ,
          
           &c.
           
           In
           these
           cases
           this
           specious
           liberty
           fools
           and
           bewitches
           them
           :
           for
           so
           long
           as
           no
           restraint
           is
           upon
           them
           ,
           and
           they
           are
           not
           excluded
           or
           slighted
           ,
           or
           disrespected
           any
           way
           in
           the
           matter
           ,
           they
           rather
           follow
           their
           private
           occasions
           at
           home
           ,
           and
           the
           business
           of
           their
           Family
           .
           And
           thus
           by
           degrees
           insensibly
           is
           the
           Commonwealth
           and
           Government
           changed
           .
           And
           that
           is
           effected
           by
           art
           and
           trick
           ,
           which
           openly
           and
           fairly
           could
           never
           have
           been
           brought
           to
           pass
           .
        
         
           We
           need
           not
           think
           that
           the
           Germans
           were
           over-reached
           by
           any
           the
           like
           Sophistry
           and
           deceitful
           Laws
           ;
           but
           't
           is
           likely
           ,
           that
           to
           many
           it
           was
           sufficient
           ,
           that
           it
           lay
           in
           their
           choice
           whether
           they
           
           would
           act
           or
           no
           ;
           and
           in
           that
           security
           many
           sate
           down
           :
           Some
           could
           not
           conveniently
           spare
           time
           from
           their
           Family
           ;
           some
           were
           indifferent
           which
           way
           the
           world
           went
           ;
           some
           could
           not
           part
           from
           their
           dear
           delights
           ,
           their
           Pots
           and
           their
           Hounds
           ;
           and
           some
           staid
           at
           home
           ,
           because
           they
           could
           not
           make
           that
           show
           ,
           and
           appear
           in
           a
           pomp
           and
           equipage
           like
           their
           Neighbours
           .
           By
           reason
           of
           these
           ,
           and
           a
           many
           the
           like
           weighty
           considerations
           ,
           together
           with
           a
           general
           degenerateness
           ,
           supineness
           ,
           and
           neglect
           of
           the
           publick
           ,
           the
           affairs
           of
           State
           became
           abandon'd
           ,
           and
           shuffl'd
           into
           a
           very
           few
           hands
           ;
           insomuch
           that
           few
           besides
           those
           now
           called
           the
           Seven
           Electors
           ,
           made
           any
           great
           figure
           ,
           or
           much
           labour'd
           in
           that
           sphere
           .
        
         
           But
           those
           seven
           were
           suffered
           from
           time
           to
           time
           by
           a
           silent
           usurpation
           to
           manage
           all
           ,
           till
           insensibly
           it
           grew
           into
           a
           Custom
           .
        
         
           So
           that
           (
           under
           Charles
           the
           Fourth
           ,
           when
           the
           Priviledges
           and
           Rights
           of
           every
           body
           came
           to
           be
           stated
           ,
           and
           reduced
           by
           general
           consent
           into
           a
           standing
           Law
           )
           
           in
           the
           beginning
           of
           the
           
             Golden
             Bull
          
           ,
           this
           Ministry
           of
           the
           Seven
           Electors
           is
           said
           to
           be
           
             an
             ancient
             and
             laudable
             custom
          
           .
        
         
           Some
           will
           have
           these
           Electors
           to
           be
           a
           Committee
           of
           the
           whole
           Empire
           ,
           and
           that
           (
           there
           being
           one
           King
           ,
           one
           Duke
           ,
           one
           Marquess
           ,
           one
           Count
           ,
           with
           the
           Churchmen
           )
           all
           the
           several
           orders
           in
           the
           Empire
           are
           represented
           by
           them
           ;
           and
           consequently
           that
           their
           Act
           is
           vertually
           the
           Act
           of
           the
           Empire
           .
        
         
           But
           it
           seems
           more
           reasonable
           ,
           that
           this
           sort
           of
           an
           Aristocracie
           sprung
           up
           to
           overtop
           the
           ancient
           more
           popular
           Government
           ,
           by
           the
           negligence
           or
           inadvertency
           of
           the
           other
           Orders
           ;
           who
           were
           satisfied
           in
           seeing
           the
           Emperour
           thereby
           effectually
           held
           within
           compass
           ,
           and
           had
           no
           care
           or
           consideration
           farther
           .
        
         
           For
           all
           their
           fears
           and
           apprehensions
           had
           risen
           from
           the
           Emperour
           ,
           and
           ,
           so
           be
           that
           they
           might
           be
           secured
           against
           his
           encroachments
           and
           oppression
           ,
           they
           were
           content
           to
           set
           up
           those
           Electors
           ;
           to
           oppose
           the
           Emperour
           ,
           and
           stand
           as
           a
           bulwark
           betwixt
           him
           and
           them
           .
        
         
           And
           therefore
           by
           their
           free
           Act
           in
           the
           
           Golden
           Bull
           ,
           they
           settle
           and
           confirm
           to
           the
           Electors
           that
           Prerogative
           ,
           which
           no
           prescription
           otherwise
           could
           have
           made
           just
           and
           authentick
           :
        
         
           Above
           an
           hundred
           years
           before
           ,
           in
           the
           Church
           had
           the
           Government
           changed
           face
           ;
           an
           Aristocracy
           obtain'd
           ,
           and
           the
           Election
           of
           the
           Pope
           ceased
           to
           be
           longer
           popular
           .
        
         
           About
           the
           same
           time
           ,
           in
           England
           also
           ,
           the
           old
           Laws
           and
           Policy
           ran
           a
           dangerous
           risque
           from
           an
           inundation
           of
           Arbitrary
           power
           ,
           that
           threatned
           to
           break
           down
           all
           the
           ancient
           banks
           and
           Barriers
           .
        
         
           For
           the
           Normans
           ,
           having
           come
           amongst
           us
           ,
           partly
           by
           consent
           ,
           partly
           perforce
           ,
           pust
           up
           and
           wanton
           with
           their
           new
           acquisitions
           and
           swing
           of
           fortune
           ,
           they
           could
           not
           well
           be
           kept
           within
           bounds
           .
           Now
           and
           then
           Speeches
           of
           Conquest
           and
           holding
           by
           the
           Sword
           ,
           and
           the
           like
           bugtitles
           ,
           were
           bandyed
           to
           and
           fro
           amongst
           the
           giddy
           Courtiers
           ,
           with
           now
           and
           then
           a
           Sally
           and
           Inroad
           upon
           the
           people
           ,
           trampling
           Property
           under
           foot
           .
        
         
           These
           Insolencies
           and
           Invasions
           kept
           the
           Nation
           awake
           ,
           and
           put
           them
           upon
           
           their
           guard
           ,
           to
           wait
           an
           opportunity
           whereby
           their
           ancient
           Rights
           and
           Customs
           might
           be
           reduced
           into
           Form
           ,
           and
           solemnly
           recognis'd
           by
           succeeding
           Kings
           in
           the
           
             Great
             Charter
          
           .
        
         
           Thus
           was
           the
           Cockatrice
           crushed
           in
           the
           Egg
           ;
           and
           an
           early
           stop
           put
           to
           Arbitrary
           sway
           in
           England
           ;
           and
           the
           Government
           returned
           to
           its
           old
           center
           of
           Parliaments
           again
           .
        
         
           Germany
           ,
           in
           this
           juncture
           ,
           lay
           most
           open
           and
           exposed
           .
           The
           Emperor
           ,
           
             Lord
             of
             the
             World
          
           ,
           and
           
             Head
             of
             the
             Nations
          
           ,
           Successour
           to
           those
           Caesars
           that
           had
           broken
           down
           all
           Forms
           and
           Fences
           ,
           so
           that
           Liberty
           and
           Property
           lay
           wast
           every
           where
           before
           them
           .
        
         
           These
           owed
           all
           their
           power
           to
           the
           Sword.
           The
           
             Imperial
             Crown
          
           ,
           the
           
             Lex
             regia
          
           ,
           the
           whole
           bulk
           and
           body
           of
           the
           
             Civil
             Law
          
           ,
           were
           wholly
           and
           entirely
           their
           own
           proper
           creature
           ;
           and
           what
           more
           might
           be
           devised
           to
           make
           a
           Prince
           unlimited
           ,
           uncontrolable
           ,
           great
           ,
           and
           barbarous
           ,
           and
           render
           him
           a
           Cyclops
           or
           a
           Leviathan
           ?
        
         
           But
           the
           result
           was
           ,
           the
           Customs
           and
           
           Liberties
           of
           the
           Germans
           were
           far
           more
           ancient
           and
           more
           Sacred
           to
           them
           ,
           than
           any
           
             New
             Song
          
           that
           the
           Civilians
           could
           teach
           them
           .
        
         
           Therefore
           all
           this
           long
           rattle
           of
           Imperial
           Prerogative
           onely
           alarm'd
           them
           ,
           and
           made
           them
           provide
           the
           better
           for
           their
           security
           .
        
         
           And
           as
           their
           danger
           was
           the
           most
           threatning
           ,
           and
           arm'd
           with
           stronger
           Titles
           and
           pretensious
           than
           in
           other
           Nations
           ;
           so
           have
           they
           with
           more
           care
           sought
           their
           preservation
           .
           And
           the
           
             Golden
             Bull
          
           with
           them
           was
           framed
           ,
           and
           had
           the
           same
           effect
           as
           
             Magna
             Charta
          
           with
           us
           ;
           which
           they
           strengthen
           and
           make
           supplements
           to
           ,
           by
           new
           Capitulations
           upon
           occasion
           ,
           according
           as
           the
           Emperors
           abuse
           their
           power
           ,
           or
           that
           tricks
           are
           devised
           ,
           by
           colour
           of
           the
           letter
           ,
           to
           elude
           the
           honest
           intention
           of
           that
           Fundamental
           Law
           and
           Constitution
           .
        
         
           Thus
           we
           see
           it
           true
           ,
           in
           respect
           of
           Soveraignes
           ,
           as
           well
           as
           of
           Subjects
           ,
           That
           
             evil
             manners
          
           are
           the
           cause
           of
           good
           and
           wholesome
           Laws
           .
        
         
           The
           French
           have
           no
           
             Golden
             Bull
          
           ,
           nor
           
           
             Magna
             Charta
          
           ;
           peradventure
           ,
           because
           no
           King
           of
           theirs
           had
           those
           pretentions
           of
           Conquest
           ,
           as
           the
           Normans
           here
           ;
           nor
           had
           that
           Imperial
           Title
           of
           the
           Sword
           ,
           and
           the
           Civil
           Laws
           ,
           as
           the
           Caesars
           ,
           to
           transport
           them
           beyond
           the
           bounds
           of
           Moderation
           and
           Reason
           .
        
         
           Which
           put
           them
           upon
           other
           Measures
           ,
           and
           gave
           them
           opportunity
           step
           by
           step
           ,
           slily
           ,
           insensibly
           ,
           and
           surely
           ,
           to
           effect
           what
           more
           openly
           could
           never
           have
           succeeded
           .
        
         
           `
           As
           in
           the
           Fable
           ,
           the
           storm
           and
           violence
           of
           the
           Wind
           could
           not
           force
           away
           the
           Travellers
           Cloak
           from
           him
           ;
           but
           the
           Sun
           coming
           silently
           upon
           him
           ,
           dissolves
           him
           presently
           ,
           makes
           him
           unbutton
           ,
           and
           strips
           him
           of
           all
           .
        
         
           Noise
           and
           bluster
           make
           the
           people
           the
           more
           obstinate
           and
           tenacious
           .
           But
           things
           remote
           affect
           them
           not
           .
           They
           never
           see
           consequences
           ,
           nor
           lay
           ought
           to
           heart
           that
           is
           not
           immediately
           present
           before
           their
           eyes
           .
        
         
           If
           any
           thing
           now
           and
           then
           in
           the
           course
           of
           their
           Kings
           Reign
           happen'd
           that
           was
           shocking
           ,
           all
           was
           lookt
           upon
           
           as
           some
           personal
           and
           accidental
           slip
           only
           ,
           without
           foundation
           for
           continuance
           ,
           or
           without
           giving
           jealousie
           of
           being
           repeated
           to
           posterity
           .
        
         
           About
           an
           hundred
           years
           after
           
             Magna
             Charta
          
           was
           establisht
           ,
           was
           that
           project
           of
           the
           Modern
           Parliament
           in
           France
           set
           on
           foot
           ,
           to
           render
           unnecessary
           the
           ancient
           Assembly
           of
           the
           States
           ,
           and
           consequently
           to
           alter
           the
           Government
           .
        
         
           But
           the
           English
           Arms
           gave
           check
           to
           their
           wanton
           career
           ,
           and
           for
           a
           long
           time
           diverted
           them
           from
           pursuing
           that
           design
           ,
           or
           bringing
           it
           to
           any
           head
           .
        
         
           However
           ,
           this
           new
           Assembly
           and
           Vice-Parliament
           was
           cultivated
           and
           improved
           daily
           .
           They
           assumed
           all
           the
           Power
           ,
           they
           consulted
           and
           determined
           the
           weighty
           Affairs
           ;
           and
           in
           case
           the
           King
           offered
           any
           violence
           to
           the
           Laws
           ,
           they
           encounter'd
           and
           oppos'd
           his
           exorbitant
           courses
           ;
           they
           lay
           before
           him
           his
           Coronation-Oath
           ,
           and
           plyed
           him
           with
           Remonstrance
           upon
           Remonstrance
           ,
           till
           they
           brought
           him
           to
           Reason
           .
        
         
           Neither
           War
           nor
           Alliance
           could
           be
           made
           ,
           nor
           could
           any
           his
           Edict
           or
           Command
           
           have
           effect
           ,
           till
           Ratified
           and
           Approved
           by
           them
           .
        
         
           So
           that
           to
           the
           unwary
           multitude
           these
           serv'd
           the
           turn
           as
           well
           ;
           these
           were
           as
           effectual
           and
           sufficient
           ,
           and
           more
           ready
           and
           expeditious
           than
           the
           great
           old
           Parliament
           .
        
         
           But
           afterwards
           came
           new-fashioned
           Kings
           to
           Reign
           ,
           who
           would
           not
           be
           overcome
           by
           Reasons
           or
           Remonstrances
           .
        
         
           And
           yet
           then
           also
           ,
           was
           a
           formal
           complyance
           of
           this
           Parliament
           thought
           necessary
           ;
           and
           ,
           as
           an
           expedient
           ,
           when
           not
           satisfyed
           in
           Conscience
           that
           an
           Edict
           ought
           to
           be
           Ratifyed
           ,
           was
           introduced
           that
           clause
           ,
           
             Mandato
             Regis
          
           ;
           which
           imported
           ,
           that
           they
           did
           not
           ratifie
           such
           an
           Edict
           upon
           their
           own
           judgment
           ,
           but
           that
           they
           were
           over-ruled
           by
           the
           Kings
           particular
           command
           .
        
         
           Afterwards
           again
           came
           the
           
             expresso
             Mandato
          
           ,
           and
           
             expressissimo
             Mandato
             Regis
          
           ,
           according
           as
           they
           passed
           it
           with
           a
           greater
           reluctancy
           ,
           and
           greater
           violence
           had
           been
           offered
           to
           their
           judgment
           .
        
         
           But
           Henry
           the
           Fourth
           ,
           who
           had
           fought
           
           through
           all
           opposition
           into
           his
           Kingdom
           ,
           and
           had
           subdued
           to
           his
           will
           all
           that
           had
           fac'd
           him
           in
           the
           field
           ,
           grew
           impatient
           ,
           after
           so
           great
           Contrasts
           ,
           to
           find
           his
           resolutions
           crost
           ,
           and
           contested
           by
           tame
           Gownmen
           ;
           therefore
           ,
           to
           rid
           himself
           at
           once
           of
           all
           those
           verbal
           frays
           and
           formalities
           ,
           made
           a
           Law
           ,
           that
           thereafter
           the
           Kings
           Edicts
           should
           be
           Ratified
           and
           Emologated
           upon
           sight
           ,
           without
           more
           formal
           trifling
           and
           dispute
           .
        
         
           Thus
           were
           those
           remains
           of
           Soveraign
           power
           ,
           that
           had
           surviv'd
           in
           this
           diminutive
           Parliament
           ,
           baffl'd
           and
           extinct
           ,
           without
           much
           labour
           .
        
         
           But
           as
           they
           never
           possessed
           the
           vigor
           and
           spirit
           of
           the
           Ancient
           Assembly
           ;
           the
           people
           were
           never
           so
           stupid
           to
           trust
           ,
           or
           lay
           much
           stress
           on
           their
           valour
           and
           performance
           .
        
         
           And
           therefore
           did
           more
           early
           show
           their
           resentment
           ;
           nor
           without
           a
           general
           convulsion
           and
           Civil
           War
           ,
           could
           bear
           the
           apprehension
           of
           a
           Court-design
           to
           lay
           aside
           the
           old
           Parliament
           .
        
         
           It
           was
           the
           boast
           of
           Lewis
           the
           Eleventh
           on
           this
           occasion
           ,
           that
           he
           had
           
             Mis
             la
             Royauté
             
             hors
             du
             page
             ,
          
           He
           had
           so
           ordered
           matters
           ,
           that
           the
           
             Royal
             State
          
           should
           be
           no
           more
           a
           Pupil
           ;
           in
           him
           it
           came
           of
           age
           to
           dispose
           things
           ,
           and
           act
           of
           its
           own
           head
           ,
           and
           should
           not
           need
           to
           be
           tutor'd
           or
           be
           under
           a
           Guardian
           any
           longer
           .
        
         
           This
           was
           a
           Prince
           of
           a
           particular
           humour
           ,
           and
           of
           singular
           endowments
           .
           It
           was
           no
           wonder
           if
           he
           did
           not
           like
           the
           check
           of
           a
           Parliament
           ;
           he
           had
           before
           attempted
           by
           two
           or
           three
           Rebellions
           to
           free
           himself
           from
           the
           Authority
           of
           his
           King
           and
           Father
           .
        
         
           The
           good
           old
           King
           Charles
           ,
           the
           Seventh
           ,
           weathered
           the
           open
           violence
           ,
           but
           fear
           of
           poyson
           overcame
           him
           ;
           insomuch
           ,
           ●hat
           he
           durst
           neither
           eat
           nor
           drink
           any
           thing
           ,
           but
           af●●r
           five
           days
           fasting
           dyed
           .
        
         
           And
           now
           Lewis
           being
           King
           ,
           his
           first
           work
           was
           to
           clear
           the
           Court
           from
           all
           who
           had
           serv'd
           his
           Father
           ,
           and
           pack
           off
           all
           the
           Princes
           of
           the
           Blood
           ,
           and
           ancient
           Nobility
           ,
           and
           to
           create
           a
           new
           set
           of
           Nobles
           and
           Courtiers
           for
           his
           purpose
           .
        
         
           The
           people
           took
           the
           Alarm
           ,
           and
           clamour'd
           for
           a
           Parliament
           to
           regulate
           disorders
           ,
           
           and
           prevent
           the
           evils
           that
           threatned
           and
           hung
           over
           them
           .
           A
           Parliament
           ,
           a
           Parliament
           ,
           was
           the
           cry
           and
           expectation
           throughout
           the
           Kingdom
           .
        
         
           The
           Bishop
           of
           Paris
           and
           Clergy
           ,
           the
           Courts
           of
           Justice
           ,
           and
           the
           City
           ,
           (
           the
           Three
           bodies
           of
           greatest
           consideration
           and
           gravity
           )
           presented
           to
           him
           their
           several
           Remonstrances
           .
        
         
           He
           (
           dissembling
           being
           his
           Talent
           )
           took
           all
           kindly
           ;
           and
           to
           break
           their
           discontents
           ,
           or
           divert
           them
           ,
           he
           took
           six
           persons
           out
           of
           each
           of
           their
           Companies
           ,
           to
           be
           of
           his
           ordinary
           Counsel
           ;
           in
           show
           onely
           ;
           for
           in
           effect
           he
           was
           still
           the
           same
           .
        
         
           And
           amongst
           the
           prosligate
           rabble
           about
           the
           Court
           ,
           there
           wanted
           not
           in
           the
           mean
           time
           a
           sort
           of
           wretches
           who
           made
           an
           Hubbub
           ,
           and
           as
           formally
           declared
           their
           detestation
           and
           abhorrence
           of
           their
           practises
           that
           had
           importun'd
           the
           King
           with
           their
           Remonstrances
           ,
           and
           call'd
           it
           an
           unparallell'd
           violation
           of
           their
           duty
           .
           Nay
           ,
           (
           
             Philip
             de
             Comines
          
           tells
           us
           ,
           )
           the
           Courtiers
           went
           so
           far
           ,
           they
           call'd
           it
           Rebellion
           to
           mention
           a
           Parliament
           .
           
           Nor
           was
           it
           strange
           such
           Cattle
           then
           should
           be
           sheltered
           about
           the
           Court
           ,
           when
           a
           
             Mounte
             bank
          
           was
           set
           up
           for
           Lord
           Chancellor
           ,
           Taylors
           and
           
             Barbars
             (
             Iohan
             de
             Doyac
          
           ,
           Olivier
           
             le
             diable
             dit
             le
             Dain
          
           ,
           &c.
           )
           the
           prime
           Ministers
           of
           State.
           
        
         
           This
           jarring
           and
           misunderstanding
           was
           followed
           by
           a
           Civil
           War
           ,
           which
           was
           call'd
           
             The
             publick
             good
          
           .
           This
           produc'd
           a
           Parliament
           .
           And
           this
           Parliament
           would
           no
           longer
           trust
           Lewis
           single
           with
           the
           Administration
           of
           Affairs
           ;
           but
           appointed
           him
           Thirty
           six
           Commissioners
           ,
           (
           Curateurs
           )
           to
           be
           his
           Assistants
           .
           However
           ,
           
           Lewis's
           excellency
           lay
           in
           playing
           an
           after-game
           .
        
         
           In
           the
           War
           ,
           he
           had
           sent
           to
           his
           Allie
           
             Alexander
             Sforza
          
           for
           aid
           ;
           who
           returned
           him
           answer
           ,
           that
           Men
           he
           had
           none
           to
           spare
           ,
           but
           would
           give
           advise
           which
           should
           be
           as
           effectual
           ;
           so
           the
           Italian
           advis'd
           him
           
             Always
             to
             agree
             with
             his
             Enemies
             upon
             any
             conditions
             ,
             then
             find
             the
             opportunity
             to
             cut
             their
             Throats
             .
          
           According
           to
           this
           ,
           Bodin
           speaks
           of
           him
           ,
           
             Pacem
             inire
             coactus
             est
             ,
             sed
             eos
             omnes
             clam
             
             aut
             apertè
             ,
             paucis
             admodum
             exceptis
             ,
             necandos
             curavit
             fratrem
             ,
             quoque
          
           Carolum
           veneno
           .
        
         
           This
           is
           the
           dexterity
           which
           Comines
           so
           much
           labours
           to
           gloss
           over
           ,
           and
           set
           a
           countenance
           upon
           ;
           these
           the
           
             belles
             Actions
          
           ,
           and
           the
           finesse
           ,
           which
           the
           Modern
           French
           so
           much
           celebrate
           at
           this
           day
           ;
           all
           is
           copyed
           from
           this
           Original
           .
        
         
           Perjuries
           and
           Poysons
           were
           his
           ordinary
           Arms
           ,
           yet
           none
           so
           devout
           ,
           none
           so
           superstitious
           ,
           none
           made
           the
           like
           largesses
           to
           the
           Church
           .
           But
           his
           Masses
           and
           Pilgrimages
           did
           always
           portend
           some
           strange
           horrid
           Murder
           about
           to
           be
           executed
           .
        
         
           These
           were
           but
           personal
           Vices
           ;
           his
           eajoling
           the
           Citizens
           ,
           and
           affected
           Gallantry
           to
           their
           Wives
           ,
           was
           politick
           enough
           .
           But
           what
           prov'd
           most
           effectual
           to
           his
           design
           of
           changing
           the
           Government
           ,
           and
           excluding
           Parliaments
           ,
           was
           his
           laying
           aside
           the
           Franc-Archers
           ;
           who
           hitherto
           had
           been
           the
           Train'd-bands
           ,
           and
           ordinary
           Militia
           of
           the
           Country
           .
        
         
           In
           the
           War
           (
           call'd
           
             the
             pulick
             good
          
           )
           he
           found
           that
           those
           Franc-Archers
           (
           being
           
           men
           of
           a
           setled
           Habitation
           ,
           and
           way
           of
           living
           )
           took
           part
           with
           their
           Landlords
           and
           Neighbours
           against
           him
           ;
           therefore
           from
           thence-forward
           he
           slighted
           them
           ,
           and
           by
           beat
           of
           drum
           from
           Town
           to
           Town
           ,
           gathered
           and
           listed
           such
           as
           voluntarily
           offer'd
           themselves
           to
           his
           service
           .
        
         
           These
           were
           then
           called
           Adventurers
           ,
           because
           they
           sought
           their
           adventure
           by
           the
           fortune
           of
           War
           ;
           as
           afterward
           when
           Charles
           the
           Eighth
           carryed
           them
           over
           the
           Alps
           ,
           they
           got
           the
           name
           of
           Souldiers
           ,
           from
           the
           Sold
           or
           pay
           they
           received
           upon
           that
           Expedition
           .
        
         
           But
           as
           this
           Lewis
           could
           not
           trust
           the
           Militia
           ,
           so
           within
           a
           little
           time
           he
           began
           to
           think
           himself
           not
           safe
           amongst
           his
           Adventurers
           .
           These
           yet
           were
           not
           remote
           enough
           from
           the
           interest
           of
           their
           Countrey
           ,
           and
           had
           some
           small
           sense
           of
           its
           oppression
           .
        
         
           Thereupon
           ,
           for
           the
           more
           immediate
           guards
           of
           his
           person
           ,
           he
           takes
           into
           pension
           Four
           thousand
           Switzers
           .
           And
           by
           that
           establishment
           ,
           seems
           to
           have
           compleated
           his
           design
           ,
           and
           alter'd
           the
           old
           
           Parliamentary
           ,
           into
           a
           Military
           Government
           .
        
         
           And
           now
           it
           was
           not
           so
           hard
           a
           matter
           to
           borrow
           Money
           of
           the
           Citizens
           ,
           and
           otherwise
           make
           those
           Levies
           which
           no
           King
           before
           him
           ever
           attempted
           .
        
         
           Thus
           it
           was
           that
           he
           brought
           the
           Royalty
           
             hors
             du
             page
          
           ;
           or
           ,
           rather
           (
           according
           to
           the
           Paraphrase
           of
           their
           Historian
           
             Mezeray
             )
             hors
             du
             sense
             &
             du
             raisonne
             .
          
        
         
           Though
           in
           Germany
           the
           condition
           of
           their
           Parliaments
           is
           not
           altogether
           so
           deplorable
           and
           desperate
           ;
           yet
           of
           later
           times
           there
           have
           not
           wanted
           lusty
           endeavours
           by
           force
           and
           by
           artifice
           to
           destroy
           them
           .
        
         
           Right
           and
           wrong
           are
           ever
           the
           same
           ,
           but
           Times
           and
           Manners
           vary
           faces
           very
           much
           .
           One
           while
           instead
           of
           all
           other
           penalty
           for
           a
           crime
           ,
           it
           was
           sufficient
           that
           the
           Law
           censur'd
           it
           with
           an
           
             improbè
             factum
          
           .
           To
           say
           he
           that
           does
           so
           ,
           or
           so
           ,
           is
           to
           blame
           ,
           was
           more
           effectual
           and
           coercive
           in
           those
           Saturnian
           days
           ,
           than
           are
           Racks
           and
           Gibbets
           with
           us
           .
        
         
           Radamanthus
           his
           way
           of
           administring
           Iustice
           in
           all
           causes
           between
           party
           and
           party
           ,
           
           was
           by
           putting
           them
           both
           to
           their
           Oaths
           ,
           and
           determining
           their
           right
           accordingly
           .
        
         
           This
           ,
           says
           Plato
           ,
           was
           a
           proper
           and
           ●eady
           way
           in
           that
           age
           ,
           when
           every
           body
           was
           possessed
           with
           the
           fear
           of
           God.
           
             But
             ,
             says
             he
          
           ,
           this
           would
           not
           do
           ,
           now
           in
           our
           times
           ,
           when
           some
           make
           it
           a
           question
           whether
           there
           be
           a
           God
           or
           no
           ;
           others
           make
           a
           doubt
           whether
           God
           regards
           what
           we
           do
           on
           earth
           ;
           most
           and
           the
           worst
           of
           men
           have
           a
           conceit
           ,
           that
           though
           there
           be
           a
           God
           ,
           yet
           they
           can
           pacifie
           him
           with
           their
           vile
           Adulations
           ,
           their
           Mummeries
           and
           their
           Masses
           ;
           so
           that
           they
           may
           still
           be
           as
           wicked
           as
           they
           please
           .
        
         
           Therefore
           ,
           
             says
             he
          
           ,
           when
           mens
           opinions
           are
           chang'd
           ,
           the
           Laws
           also
           must
           be
           chang'd
           ;
           for
           ,
           otherwise
           ,
           if
           our
           Iudges
           now
           were
           to
           make
           Radamanthus
           their
           President
           ,
           we
           should
           all
           be
           over
           head
           and
           ears
           in
           Perjuries
           .
        
         
           The
           like
           may
           be
           observ'd
           in
           relation
           to
           Sovereigns
           .
           In
           old
           times
           at
           first
           there
           was
           onely
           a
           simple
           confidence
           betwixt
           them
           and
           their
           people
           .
           And
           never
           were
           Kings
           so
           reserv'd
           ,
           as
           then
           when
           they
           had
           no
           bounds
           .
        
         
         
           Afterwards
           ,
           the
           Misbehaviour
           of
           some
           Princes
           introduced
           that
           check
           of
           a
           Coronation-Oath
           .
           And
           where
           that
           is
           the
           only
           check
           ,
           `t
           is
           an
           argument
           they
           had
           never
           yet
           been
           there
           tainted
           with
           the
           Atheism
           ,
           and
           infidelity
           ,
           which
           Plato
           mentions
           ;
           but
           had
           continually
           liv'd
           and
           rul'd
           with
           that
           simplicity
           and
           religious
           fear
           ,
           so
           memorable
           in
           those
           days
           when
           Minos
           and
           Radamanthus
           were
           King
           and
           Chief
           Justice
           of
           Crete
           .
        
         
           
             Claude
             Seisselle
          
           reckons
           several
           refrains
           ,
           bridles
           ,
           that
           curb
           the
           French
           Kings
           .
           But
           now
           when
           the
           old
           Parliament
           is
           obsolete
           ,
           this
           would
           be
           remarkt
           upon
           ,
           as
           a
           graceless
           unmannerly
           Metaphor
           ,
           in
           the
           refined
           language
           .
        
         
           In
           the
           State
           of
           Venice
           ,
           at
           first
           their
           Prince
           was
           as
           absolute
           as
           any
           Barbarian
           ;
           till
           having
           strayed
           ,
           and
           given
           some
           instances
           of
           humane
           frailty
           ,
           new
           curbs
           and
           new
           tyes
           were
           devised
           for
           him
           .
           But
           the
           Italian
           prov'd
           still
           too
           witty
           to
           be
           held
           by
           any
           .
        
         
           The
           Venetians
           however
           would
           not
           be
           dallyed
           withal
           ,
           they
           would
           not
           suffer
           the
           Transgressour
           to
           rejoyce
           long
           in
           his
           
           extravagance
           ,
           but
           pursued
           him
           with
           exemplary
           punishment
           :
           Sabellicus
           reckons
           to
           the
           number
           of
           Twelve
           that
           lost
           their
           Heads
           for
           slipping
           their
           bridles
           .
        
         
           At
           the
           length
           ,
           when
           the
           Venetians
           found
           that
           neither
           the
           simple
           trust
           was
           sacred
           ,
           nor
           the
           Coronation-Oath
           inviolable
           ,
           nor
           the
           exemplary
           punishment
           effectual
           to
           contain
           their
           Prince
           within
           the
           bounds
           that
           were
           consistent
           with
           a
           Free
           people
           ;
           They
           concluded
           that
           the
           publick
           safety
           could
           not
           be
           sufficiently
           provided
           for
           ,
           and
           secured
           against
           their
           Prince
           ,
           till
           they
           stript
           him
           of
           all
           the
           reality
           and
           substance
           ,
           leaving
           him
           barely
           the
           Formalities
           and
           Trappings
           ,
           and
           empty
           shadow
           of
           Soveraignty
           .
        
         
           Now
           to
           come
           to
           the
           Germans
           ;
           what
           ever
           shifts
           other
           people
           have
           been
           put
           to
           ,
           to
           maintain
           their
           Liberty
           ,
           they
           (
           it
           should
           seem
           )
           never
           trusted
           the
           Soveraignty
           out
           of
           their
           own
           hands
           .
           So
           that
           whether
           it
           be
           a
           mixt
           ,
           or
           what
           other
           sort
           of
           Government
           you
           call
           it
           ;
           the
           great
           Affairs
           were
           always
           reserv'd
           to
           be
           determin'd
           in
           Parliament
           ;
           there
           was
           the
           Supreme
           power
           ,
           there
           was
           the
           Majesty
           .
        
         
         
           Yet
           no
           people
           have
           been
           forwarder
           in
           adorning
           their
           Prince
           with
           all
           the
           Titles
           and
           expressions
           of
           greatness
           ,
           and
           an
           arbitrary
           ,
           uncontrolable
           power
           ,
           than
           they
           .
        
         
           All
           the
           Acts
           and
           Laws
           run
           in
           his
           name
           ;
           and
           are
           called
           Caesars
           Laws
           ,
           and
           Caesars
           Constitutions
           .
        
         
           Where
           the
           Emperor
           and
           the
           Empire
           are
           named
           ,
           he
           constantly
           has
           the
           precedence
           .
        
         
           In
           the
           publick
           Ordinances
           and
           Recesses
           ,
           every
           thing
           from
           him
           are
           stiled
           Precepts
           and
           Commands
           ;
           from
           the
           States
           merely
           obedience
           and
           prayers
           ,
           though
           he
           cannot
           wag
           a
           finger
           without
           their
           consent
           .
        
         
           They
           every
           where
           speak
           of
           ,
           and
           own
           in
           him
           a
           fulness
           of
           power
           vollncommenheit
           .
           And
           this
           they
           give
           also
           to
           the
           King
           of
           the
           Romans
           at
           the
           same
           time
           ;
           to
           show
           the
           emptiness
           and
           vanity
           of
           it
           .
           As
           both
           are
           call'd
           Heads
           of
           the
           Empire
           ,
           though
           the
           latter
           has
           no
           power
           at
           all
           ,
           during
           the
           Emperors
           life
           .
        
         
           They
           and
           all
           the
           world
           salute
           him
           by
           the
           Title
           of
           Imperial
           Majesty
           .
           And
           
           the
           German
           Style
           will
           not
           allow
           Majesty
           to
           any
           other
           Kings
           ;
           
             die
             Koniglicher
             Wurde
          
           ,
           not
           
             die
             Koniglicher
             Maht
          
           ,
           the
           Kings
           Worship
           ,
           not
           Majesty
           .
        
         
           
             Yet
             after
             all
          
           ,
           Aeneas
           Sylvius
           says
           ,
           in
           Germ.
           c.
           43.
           
           Imperatorem
           ,
           &
           Regem
           ,
           &
           Dominum
           vestrum
           esse
           fateamini
           ,
           precario
           tamen
           ille
           imperare
           videtur
           ,
           nulla
           ejus
           potestas
           est
           .
        
         
           The
           shadow
           and
           flourish
           onely
           were
           in
           the
           Emperor
           ;
           but
           the
           
             jura
             Majestatis
          
           ,
           the
           
             vis
             imperii
          
           ,
           the
           essentials
           of
           Majesty
           were
           always
           reserv'd
           and
           exercis'd
           by
           the
           common
           Assembly
           ,
           as
           by
           the
           particulars
           may
           more
           plainly
           appear
           .
        
         
           1.
           
           One
           of
           the
           Rights
           of
           Soveraignty
           is
           to
           be
           above
           the
           Law
           ,
           and
           to
           give
           Laws
           to
           the
           people
           .
        
         
           Neither
           of
           these
           Royalties
           belong
           to
           the
           Emperour
           ;
           he
           may
           be
           call'd
           to
           account
           for
           violating
           the
           Laws
           .
           In
           the
           
             Golden
             Bull
          
           ,
           the
           Forms
           and
           Proceedings
           against
           him
           are
           stated
           .
           `
           T
           is
           there
           said
           to
           be
           the
           Custom
           ,
           and
           accordingly
           setl'd
           and
           agreed
           for
           Law
           ,
           that
           the
           Electors
           may
           Impeach
           the
           Emperor
           ,
           in
           the
           Assembly
           of
           the
           States
           ;
           and
           the
           Count
           Palatine
           
           of
           the
           Rhine
           ,
           as
           Chief
           Elector
           ,
           is
           to
           be
           the
           President
           or
           Judge
           .
        
         
           For
           the
           Legislation
           ,
           or
           making
           Laws
           ,
           the
           Emperor
           proposes
           ,
           the
           States
           are
           free
           which
           Propositions
           they
           will
           proceed
           upon
           .
           When
           an
           Act
           is
           to
           be
           passed
           ,
           the
           Electors
           have
           six
           Votes
           ,
           the
           Princes
           six
           ,
           the
           Cities
           two
           ,
           the
           Emperor
           has
           but
           one
           (
           the
           last
           )
           Vote
           .
           Without
           a
           Majority
           he
           can
           do
           nothing
           :
           They
           can
           Decree
           without
           him
           if
           he
           is
           absent
           .
           The
           Ordinances
           are
           to
           be
           confirm'd
           by
           his
           Seal
           and
           Subscription
           ;
           but
           if
           the
           States
           persist
           ,
           he
           must
           of
           necessity
           comply
           .
           Even
           Charles
           the
           Fifth
           in
           vain
           contested
           that
           point
           ,
           as
           may
           be
           seen
           in
           
             Sleidan
             ,
             I.
          
           4.
           
        
         
           These
           Sanctions
           are
           regularly
           subscribed
           by
           Caesar
           ,
           and
           by
           some
           of
           the
           States
           for
           the
           Empire
           ;
           and
           are
           Enrolled
           (
           at
           Mentz
           )
           in
           the
           Chancery
           of
           the
           Empire
           .
           The
           several
           Members
           of
           the
           States
           are
           sworn
           to
           be
           true
           to
           the
           Emperor
           and
           to
           the
           Empire
           ;
           and
           are
           said
           to
           be
           Subjects
           of
           the
           Emperor
           ,
           and
           of
           the
           Sacred
           Empire
           .
        
         
         
           2.
           
           In
           matters
           of
           Religion
           ,
           in
           all
           times
           ,
           the
           head
           of
           the
           State
           had
           the
           Supreme
           direction
           ,
           as
           it
           was
           said
           of
           
             Tiberius
             ,
             Deûm
             munere
             summum
             Pontificem
             summum
             hominem
             esse
             .
          
           And
           the
           first
           Christian
           Princes
           ,
           before
           the
           Papal
           Tyranny
           usurpt
           upon
           them
           ,
           were
           always
           the
           chief
           Pontifs
           ,
           and
           receiv'd
           the
           Pontifical
           Habit
           from
           that
           Colledge
           .
        
         
           But
           upon
           the
           Reformation
           in
           
             Germany
             ,
             Anno
          
           1555.
           both
           the
           Emperor
           and
           Pope
           were
           excluded
           ,
           and
           their
           Pontifical
           Supremacy
           abrogated
           .
           In
           the
           point
           of
           Religion
           ,
           the
           Emperor
           was
           not
           consider'd
           as
           the
           Chief
           and
           Head
           of
           the
           Empire
           ,
           but
           as
           a
           party
           :
           for
           by
           joyning
           himself
           to
           the
           Roman
           Catholicks
           ,
           he
           made
           their
           cause
           and
           concern
           his
           own
           .
           It
           was
           therefore
           agreed
           and
           concluded
           ,
           that
           the
           States
           onely
           should
           determine
           in
           matters
           of
           Religion
           ;
           and
           that
           with
           a
           tender
           hand
           ,
           in
           an
           amicable
           way
           onely
           .
        
         
           3.
           
           War
           and
           Peace
           are
           transacted
           in
           the
           name
           of
           the
           Emperor
           ;
           but
           in
           effect
           ,
           all
           is
           reserv'd
           to
           the
           States
           .
           He
           must
           at
           the
           least
           have
           the
           consent
           of
           the
           Electors
           .
        
         
         
           Yet
           any
           Prince
           of
           the
           Empire
           may
           levy
           Souldiers
           ,
           may
           make
           Leagues
           and
           associations
           without
           any
           bodies
           leave
           .
        
         
           4.
           
           For
           Jurisdiction
           ,
           and
           the
           last
           Appeal
           ,
           the
           Civilians
           say
           the
           Emperor
           is
           
             fons
             omnis
             Iurisdictionis
          
           ;
           but
           here
           it
           is
           far
           otherwise
           .
        
         
           The
           Princes
           ,
           in
           causes
           touching
           their
           Life
           ,
           their
           Honour
           ,
           or
           their
           see
           ,
           always
           claim'd
           their
           Priviledge
           
             das
             fursten-recht
          
           (
           they
           call
           it
           )
           to
           be
           try'd
           by
           their
           Peers
           the
           Princes
           of
           the
           Empire
           .
        
         
           The
           common
           Pleas
           were
           tryed
           by
           the
           Emperor
           ,
           and
           attended
           his
           motion
           ,
           till
           by
           the
           increase
           of
           Suits
           ,
           that
           Judicature
           was
           no
           longer
           Sufficient
           ,
           the
           Judges
           grew
           corrupt
           ,
           and
           many
           other
           inconveniencies
           appearing
           ,
           the
           States
           in
           their
           Assembly
           at
           
             Franckford
             ,
             An.
          
           1489.
           ordered
           a
           place
           certain
           for
           the
           decision
           of
           those
           ordinary
           causes
           ;
           whereupon
           the
           Imperial
           Chamber
           at
           Spires
           was
           erected
           .
        
         
           All
           the
           Process
           and
           Decrees
           of
           the
           Court
           ran
           in
           the
           Emperors
           name
           ,
           and
           are
           under
           his
           Seal
           ;
           and
           it
           is
           call'd
           Caesars
           Court.
           But
           it
           is
           also
           call'd
           the
           Court
           of
           the
           Empire
           .
        
         
         
           The
           Emperor
           onely
           named
           the
           President
           ;
           by
           the
           States
           were
           the
           rest
           of
           the
           Judges
           appointed
           ;
           and
           the
           other
           Officers
           of
           the
           Court
           by
           the
           Elector
           of
           Mentz
           Arch-Chancellour
           of
           the
           Empire
           .
        
         
           The
           States
           likewise
           execute
           the
           sentence
           .
           They
           visit
           and
           reform
           the
           Court
           by
           their
           Commissioners
           ;
           and
           to
           these
           visitors
           are
           the
           Appeals
           ,
           not
           to
           the
           Emperor
           .
        
         
           Yet
           some
           voluntary
           referenccs
           that
           were
           made
           to
           the
           Emperor
           and
           his
           Privy-Council
           ,
           and
           to
           their
           Arbitration
           ,
           gave
           them
           opportunity
           of
           late
           to
           usurp
           a
           Jurisdiction
           .
        
         
           5.
           
           Taxes
           are
           all
           Levyed
           in
           the
           Emperors
           Name
           ;
           but
           in
           truth
           nothing
           of
           that
           nature
           can
           be
           done
           without
           the
           Assembly
           of
           the
           States
           .
           Nor
           is
           the
           Emperor
           trusted
           with
           the
           Money
           in
           his
           Exchequer
           ;
           the
           States
           keep
           it
           till
           it
           be
           employ'd
           ;
           they
           have
           their
           several
           Treasuries
           .
        
         
           Sometimes
           the
           several
           Circles
           keep
           their
           respective
           Money
           ;
           sometimes
           a
           publick
           Treasury
           is
           agreed
           upon
           ,
           and
           
           one
           or
           more
           Pfenning-Meisters
           (
           PennyMasters
           )
           appointed
           .
           Anno
           1495.
           
           They
           ordered
           seven
           Treasurers
           ,
           one
           to
           be
           named
           by
           the
           Emperour
           ,
           and
           six
           by
           the
           States
           .
           These
           swear
           to
           the
           States
           .
           And
           if
           any
           be
           by
           special
           Oath
           or
           obligation
           bound
           to
           the
           Emperor
           or
           other
           particular
           State
           ,
           he
           is
           uncapable
           of
           that
           trust
           .
           These
           are
           accountable
           to
           the
           States
           onely
           .
        
         
           If
           the
           occasion
           for
           which
           the
           Tax
           was
           rais'd
           be
           taken
           away
           ,
           the
           Money
           cannot
           be
           diverted
           to
           other
           uses
           ,
           but
           by
           the
           consent
           of
           the
           States
           .
        
         
           6.
           
           The
           chief
           Magistrates
           are
           ,
           none
           of
           them
           ,
           made
           by
           the
           Emperor
           .
           The
           Count
           Elector
           Palatine
           is
           Vicar
           or
           Protector
           of
           the
           Empire
           ,
           and
           has
           the
           charge
           of
           it
           in
           the
           Emperors
           absence
           .
           The
           Three
           Ecclesiastical
           Electors
           ,
           who
           are
           chosen
           by
           their
           Chapters
           ,
           are
           of
           course
           the
           Arch-Chancellours
           of
           the
           Empire
           .
           The
           States
           appoint
           the
           (
           Reichs-Skak-Meister
           ,
           or
           Reichs-Psenning-Meister
           )
           the
           Treasurer
           of
           the
           Empire
           .
           Sometimes
           they
           leave
           the
           general
           to
           be
           nam'd
           by
           the
           Emperor
           ,
           and
           the
           ten
           Circles
           appoint
           
           their
           several
           Directors
           or
           Counsel
           for
           him
           .
        
         
           For
           the
           other
           particulars
           ,
           as
           the
           inspection
           and
           care
           of
           Coyning
           Money
           ,
           the
           hearing
           and
           sending
           Ambassadours
           ,
           &c.
           the
           Emperour
           has
           no
           great
           matter
           of
           advantage
           above
           the
           other
           States
           .
        
         
           On
           a
           common
           account
           ,
           where
           the
           concern
           is
           general
           the
           States
           must
           be
           consulted
           ;
           and
           nothing
           can
           be
           done
           without
           their
           consent
           and
           approbation
           .
        
         
           The
           Electors
           are
           in
           possession
           ,
           and
           exercise
           a
           particular
           Soveraignty
           in
           some
           points
           of
           greatest
           moment
           .
           They
           are
           the
           Trustees
           and
           Representative
           of
           the
           whole
           Empire
           ,
           in
           their
           Election
           of
           the
           Emperor
           .
           And
           hereupon
           they
           undertake
           likewise
           to
           loosen
           his
           power
           ,
           or
           tye
           it
           up
           short
           ;
           and
           make
           what
           Capitulations
           they
           please
           with
           him
           .
           And
           thereby
           would
           assume
           to
           themselves
           more
           than
           the
           other
           States
           will
           ever
           be
           content
           to
           allow
           them
           .
        
         
           But
           the
           Emperour
           singly
           ,
           besides
           the
           name
           ,
           and
           pomps
           ,
           and
           empty
           Titles
           ,
           has
           very
           little
           of
           the
           substantial
           Soveraignty
           entrusted
           with
           him
           .
        
         
         
           The
           Investiture
           of
           the
           great
           fiefs
           belongs
           to
           him
           .
           This
           is
           a
           Prerogative
           goodly
           in
           show
           ,
           and
           were
           of
           moment
           ,
           could
           he
           lay
           any
           conditions
           or
           charge
           on
           the
           person
           invested
           ;
           but
           nothing
           is
           left
           to
           his
           will
           ;
           he
           cannot
           deny
           ,
           nor
           delay
           the
           lawful
           Heir
           .
           Nor
           does
           the
           Fee
           for
           want
           of
           Heirs
           Escheat
           to
           the
           Emperor
           ,
           but
           to
           the
           publick
           Patrimony
           .
        
         
           He
           grants
           Priviledges
           ,
           where
           a
           third
           person
           or
           the
           Publick
           is
           not
           injur'd
           .
           He
           founds
           Universities
           ,
           grants
           Fairs
           ,
           makes
           Denizens
           ,
           &c.
           
           He
           Creates
           Kings
           ,
           Princes
           ,
           Dukes
           ,
           Marquises
           ,
           Counts
           ,
           Poet-Laureats
           ,
           Doctors
           ,
           &c.
           
        
         
           He
           gives
           onely
           the
           bare
           Titulary
           honor
           of
           Prince
           ,
           but
           not
           the
           qualifications
           ;
           he
           cannot
           make
           him
           capable
           to
           sit
           and
           Vote
           amongst
           the
           other
           Princes
           of
           the
           Empire
           .
        
         
           So
           that
           here
           the
           States
           are
           not
           subject
           to
           that
           imposition
           which
           the
           Roman
           Senate
           once
           suffer'd
           under
           
             Tarquinius
             Priscus
          
           ,
           who
           created
           an
           hundred
           new
           Senators
           ,
           to
           the
           end
           he
           might
           be
           sure
           of
           a
           Court-party
           ,
           by
           his
           Creatures
           ,
           and
           
           have
           a
           majority
           of
           Votes
           in
           the
           House
           .
        
         
           In
           short
           ,
           the
           Germans
           seem
           to
           have
           observ'd
           the
           rule
           in
           Politicks
           ,
           That
           he
           who
           is
           the
           most
           high
           in
           name
           and
           dignity
           ,
           should
           in
           real
           power
           be
           the
           least
           considerable
           .
        
         
           Yet
           in
           the
           last
           age
           ,
           the
           States
           gave
           way
           to
           several
           innovations
           ,
           which
           prov'd
           of
           mischievous
           consequence
           afterwards
           .
        
         
           
             It
             had
             anciently
             been
             the
             Custom
             for
             the
             Assembly
             of
             the
             States
             ,
             to
             send
             for
             the
             Emperor
             to
             come
             to
             them
             upon
             occasion
             ;
             so
          
           Hincmar
           
             tells
             us
             of
          
           Charles
           
             the
             Great
          
           ,
           Rogatu
           ipsorum
           in
           Concilium
           veniebat
           ,
           quotiescunque
           voluntas
           esset
           ut
           ad
           eos
           veniret
           ;
           similiter
           quoque
           quanto
           spacio
           voluissent
           ,
           cum
           iis
           consisteret
           ,
           
             &c.
             
             Ep.
          
           3.
           c.
           35.
           
           Upon
           their
           Message
           to
           him
           ,
           he
           came
           to
           the
           Assembly
           ,
           as
           often
           as
           they
           had
           a
           mind
           he
           should
           come
           to
           them
           ;
           and
           in
           like
           manner
           he
           stayed
           so
           long
           with
           them
           as
           they
           desired
           .
           
             And
             this
             custom
             continued
             ,
             as
             may
             be
             seen
             in
          
           Lehem
           .
           l.
           7.
           c.
           80.
           
             and
             c.
             113.
             till
             under
          
           Maximilian
           .
           
             And
             then
             the
             States
             began
             to
             go
             to
             the
             Emperor
             .
          
        
         
         
           This
           Maximilian
           likewise
           ,
           upon
           pretence
           of
           sudden
           occasions
           that
           admitted
           not
           delays
           ,
           would
           now
           and
           then
           be
           acting
           single
           ,
           and
           usurping
           in
           several
           particulars
           the
           power
           that
           of
           right
           could
           only
           be
           exercised
           by
           the
           States
           .
        
         
           Therefore
           the
           States
           ,
           An.
           1500.
           to
           take
           off
           these
           pretences
           ,
           and
           prevent
           all
           attempts
           of
           this
           kind
           ,
           and
           partly
           ,
           peradventure
           ,
           for
           their
           own
           ease
           ,
           substituted
           in
           their
           absence
           a
           Committee
           ,
           which
           they
           call'd
           the
           Regiment
           ,
           and
           the
           Members
           Regents
           .
           This
           Regiment
           was
           an
           Epitome
           of
           the
           whole
           Empire
           ,
           and
           was
           endued
           with
           all
           the
           powers
           and
           Soveraignty
           accordingly
           .
        
         
           It
           consisted
           of
           Twenty
           persons
           ,
           who
           were
           chosen
           out
           of
           the
           several
           Orders
           of
           the
           States
           ;
           and
           took
           an
           Oath
           
             to
             be
             true
             to
             the
             Emperor
             ,
             and
             to
             the
             Sacred
             Empire
             .
          
        
         
           The
           Emperor
           or
           his
           Proxie
           was
           their
           President
           ;
           but
           lest
           this
           might
           give
           too
           great
           advantage
           to
           the
           Emperor
           ,
           an
           Elector
           was
           added
           ,
           as
           a
           joynt-president
           with
           the
           Emperor
           or
           his
           Proxie
           .
        
         
         
           No
           person
           of
           dependance
           on
           ,
           or
           particular
           obligation
           to
           the
           Emperor
           ,
           was
           capable
           of
           being
           a
           Member
           .
        
         
           The
           Emperor
           had
           no
           more
           Vote
           than
           any
           one
           of
           the
           Twenty
           Regents
           ;
           nor
           could
           determine
           ought
           ,
           unless
           the
           majority
           were
           for
           him
           .
        
         
           These
           were
           not
           simply
           to
           consult
           ,
           but
           had
           the
           execution
           also
           .
        
         
           This
           Constitution
           held
           for
           some
           years
           .
           And
           then
           the
           
             Annual
             Assembly
          
           returned
           ,
           and
           resumed
           their
           power
           ,
           and
           acted
           again
           .
           But
           in
           case
           of
           sudden
           necessity
           ,
           left
           another
           expedient
           for
           the
           Emperor
           .
           They
           constitute
           for
           him
           a
           Councel
           consisting
           of
           Eight
           persons
           ,
           Four
           chosen
           by
           the
           Electors
           ,
           and
           Four
           by
           the
           other
           States
           .
           These
           were
           sworn
           to
           be
           true
           to
           the
           Emperor
           and
           to
           the
           Empire
           ,
           
             Scweren
             der
             Keyserlichen
             Majestat
             und
             dem
             heiligen
             reichs
             getreu
             ,
          
           &c.
           
        
         
           But
           Charles
           the
           Fifth
           coming
           to
           Reign
           ,
           he
           was
           upon
           the
           new
           Model
           immediately
           .
           He
           restor'd
           the
           Regiment
           ,
           but
           the
           conditions
           altogether
           different
           .
        
         
           Now
           it
           consisted
           not
           of
           Twenty
           ,
           but
           Twenty
           two
           persons
           .
           He
           as
           Emperor
           
           would
           have
           Two
           Votes
           added
           ;
           thereby
           in
           effect
           to
           be
           Master
           of
           Five
           Votes
           ;
           Two
           as
           Emperor
           ,
           One
           as
           President
           ;
           One
           for
           Austria
           ,
           and
           One
           for
           Burgundy
           .
        
         
           The
           former
           Regiment
           might
           ,
           according
           to
           the
           old
           custom
           ,
           send
           for
           the
           Emperor
           to
           come
           to
           them
           .
           Now
           it
           was
           order'd
           that
           Caesar
           might
           call
           them
           to
           what
           place
           he
           had
           a
           mind
           .
        
         
           Formerly
           ,
           if
           the
           Emperor
           came
           not
           ,
           they
           might
           proceed
           without
           him
           ;
           now
           ,
           Charles
           the
           Fifth
           forbad
           them
           to
           make
           Leagues
           and
           Allyances
           ,
           or
           do
           ought
           in
           his
           absence
           .
           The
           Oath
           was
           alter'd
           ,
           and
           the
           Members
           were
           only
           sworn
           to
           the
           Emperor
           ,
           and
           said
           to
           be
           the
           Councel
           of
           the
           Emperor
           ;
           whereas
           the
           former
           was
           called
           the
           Councel
           of
           the
           Empire
           .
        
         
           In
           the
           former
           constitution
           ,
           the
           Elector
           in
           the
           name
           of
           the
           Empire
           subscribed
           their
           Ordinances
           ;
           here
           ,
           with
           the
           Electors
           subscription
           is
           joyned
           that
           of
           the
           President
           ,
           in
           the
           name
           of
           the
           Emperor
           .
        
         
           In
           short
           ,
           the
           former
           was
           constituted
           by
           the
           States
           ,
           and
           entrusted
           with
           their
           power
           ,
           to
           be
           a
           check
           upon
           the
           Emperor
           ;
           this
           was
           formed
           by
           Caesar
           ,
           to
           quiet
           
           the
           people
           ,
           and
           entertain
           them
           with
           a
           show
           ;
           whilst
           he
           the
           more
           insensibly
           made
           his
           advances
           to
           invade
           their
           ancient
           Rights
           ,
           and
           usurp
           all
           the
           power
           into
           his
           own
           hands
           .
        
         
           The
           next
           project
           in
           case
           of
           Emergencies
           ,
           was
           the
           Assembly
           of
           the
           Deputies
           .
           This
           consisted
           of
           the
           Six
           Electors
           ,
           Six
           other
           Princes
           ,
           and
           Two
           Cities
           ;
           to
           which
           were
           after
           added
           Four
           Princes
           more
           .
           This
           continued
           till
           An.
           1606.
           with
           some
           effect
           .
           Afterwards
           it
           prov'd
           of
           little
           consequence
           ,
           Court-artifice
           prevailing
           ,
           and
           the
           Ferdinands
           found
           a
           way
           to
           manage
           the
           Deputies
           ,
           and
           render
           them
           as
           unprofitable
           to
           the
           publick
           ,
           as
           Charles
           the
           fifth
           had
           made
           the
           Regiment
           .
        
         
           The
           second
           Ferdinand
           called
           what
           Deputies
           he
           knew
           would
           Vote
           for
           him
           ,
           the
           rest
           he
           excluded
           ,
           and
           supplyed
           their
           place
           with
           others
           ,
           who
           he
           understood
           were
           entirely
           at
           his
           devotion
           ,
           as
           he
           told
           my
           Lord
           Digby
           ,
           Ambassadour
           with
           him
           ,
           
             An.
             1621.
             
             Lundorp
             ,
             Tom.
          
           2.
           
        
         
           Amongst
           these
           projects
           ,
           may
           be
           mentioned
           the
           Councel
           of
           the
           Emperours
           
           Court
           ,
           and
           the
           Privy-Councel
           .
           These
           also
           ,
           that
           they
           might
           show
           as
           if
           the
           Empire
           had
           the
           interest
           in
           them
           ,
           were
           at
           the
           first
           sworn
           to
           the
           Elector
           of
           Mentz
           ,
           as
           Arch-Chancellour
           of
           the
           Empire
           .
           Which
           Oath
           came
           after
           some
           time
           to
           be
           omitted
           .
        
         
           Thus
           we
           have
           seen
           that
           the
           Custom
           of
           the
           Empire
           was
           to
           have
           a
           yearly
           Assembly
           ;
           these
           at
           the
           end
           of
           their
           Session
           always
           appointed
           the
           time
           and
           place
           for
           their
           next
           meeting
           .
           If
           necessity
           for
           them
           sooner
           ,
           then
           was
           the
           Emperor
           to
           call
           an
           Assembly
           extraordinary
           ;
           which
           happening
           frequently
           ,
           the
           States
           for
           their
           ease
           appointed
           the
           Regiment
           ,
           and
           other
           expedients
           .
        
         
           This
           gave
           a
           President
           for
           the
           Emperors
           to
           devise
           something
           of
           the
           like
           nature
           ,
           which
           they
           might
           more
           easily
           pervert
           to
           their
           own
           Arbitrary
           Interest
           and
           advantage
           .
           If
           it
           have
           but
           the
           name
           or
           resemblance
           ,
           the
           people
           look
           no
           farther
           ;
           they
           see
           not
           into
           the
           trick
           and
           secrets
           of
           it
           ;
           they
           are
           led
           by
           the
           appearance
           so
           long
           ,
           till
           they
           are
           past
           recovery
           ,
           and
           no
           way
           is
           left
           them
           for
           a
           retreat
           .
        
         
         
           And
           indeed
           the
           Emperors
           of
           the
           last
           Age
           ceased
           to
           deal
           
             bonâ
             fide
          
           ;
           the
           old
           German
           honesty
           wore
           out
           of
           fashion
           .
           And
           they
           no
           longer
           treated
           on
           the
           square
           with
           their
           people
           .
        
         
           Artifice
           and
           juggle
           came
           in
           place
           :
           and
           in
           the
           days
           of
           Charles
           the
           Fifth
           ,
           began
           to
           get
           a
           specious
           appellation
           ,
           and
           be
           named
           (
           forsooth
           )
           
             Reason
             of
             State.
          
           
        
         
           But
           more
           especially
           ,
           since
           the
           Jesuits
           there
           have
           refined
           upon
           the
           Court-sophistry
           ,
           and
           minc'd
           away
           all
           the
           old
           remains
           of
           Morality
           and
           Conscience
           ;
           for
           the
           Jesuits
           could
           the
           worst
           of
           all
           other
           ,
           endure
           these
           same
           
             mixt
             Governments
          
           .
        
         
           They
           would
           have
           the
           Pyramid
           inverted
           ,
           and
           the
           whole
           stress
           of
           things
           rest
           upon
           one
           single
           leg
           ,
           that
           their
           art
           might
           play
           the
           more
           freely
           ,
           and
           they
           the
           more
           cleverly
           trip
           it
           down
           .
           This
           broad-bottom'd
           Monarchy
           ,
           and
           Government
           founded
           on
           the
           people
           ,
           puts
           them
           to
           other
           measures
           ;
           a
           dose
           of
           poyson
           ,
           or
           consecrated
           dagger
           ,
           will
           not
           do
           the
           work
           .
           They
           must
           here
           go
           about
           and
           about
           ,
           make
           slow
           approaches
           ,
           ripen
           a
           Plot
           of
           many
           years
           ,
           and
           draw
           a
           long
           concatenation
           
           of
           Intrigue
           ,
           ere
           they
           can
           think
           to
           compass
           their
           design
           .
        
         
           When
           the
           Commonwealth
           has
           but
           one
           neck
           ,
           the
           Jesuit
           will
           have
           it
           under
           his
           girdle
           ;
           if
           not
           ,
           one
           blow
           does
           the
           feat
           ,
           and
           his
           dexterity
           is
           admirable
           .
        
         
           Therefore
           in
           Germany
           the
           Jesuits
           have
           left
           no
           stone
           unturned
           ,
           for
           their
           part
           ,
           to
           bring
           all
           the
           Soveraign
           power
           from
           the
           States
           to
           the
           Emperor
           .
           And
           to
           that
           end
           ,
           of
           late
           times
           the
           Emperor
           (
           whether
           by
           their
           influence
           upon
           his
           Councels
           or
           no
           ,
           is
           not
           our
           enquiry
           )
           has
           employed
           all
           the
           undue
           practises
           ,
           and
           set
           all
           engines
           a-work
           ,
           to
           render
           the
           publick
           Assembly
           useless
           ,
           burthensome
           ,
           and
           odious
           to
           the
           people
           .
        
         
           On
           this
           foot
           ,
           care
           has
           been
           taken
           that
           some
           vexatious
           Tax
           should
           be
           the
           only
           result
           and
           conclusion
           of
           every
           Session
           ;
           
             Aid
             against
             the
             Turk
          
           ,
           was
           a
           constant
           perpetual
           pretence
           ;
           Money
           the
           Head
           of
           all
           his
           Proposals
           ,
           Money
           the
           effect
           and
           substance
           of
           all
           his
           Speeches
           .
           This
           affair
           once
           adjusted
           ,
           other
           Debates
           were
           out
           of
           doors
           ,
           Grievances
           not
           then
           longer
           to
           be
           toucht
           upon
           ,
           but
           all
           adjourn'd
           
           to
           another
           Session
           .
           Besides
           the
           mischievous
           devises
           to
           embroyl
           the
           States
           amongst
           themselves
           ,
           and
           turn
           all
           their
           heat
           upon
           fruitless
           disputes
           and
           altercations
           .
        
         
           In
           the
           second
           place
           ,
           the
           Electoral
           Colledge
           have
           not
           been
           too
           fair
           in
           their
           respects
           to
           the
           Diet.
           These
           could
           be
           content
           that
           betwixt
           Caesar
           and
           themselves
           all
           the
           matters
           of
           State
           be
           transacted
           .
           And
           have
           sometimes
           accordingly
           strecht
           a
           Text
           of
           the
           
             Golden
             Bull
          
           to
           serve
           a
           turn
           ;
           and
           collogued
           with
           him
           ,
           that
           he
           again
           might
           be
           complacent
           to
           them
           ;
           till
           that
           amongst
           them
           the
           publick
           patrimony
           and
           common
           right
           and
           Prerogatives
           of
           the
           Empire
           become
           engrost
           in
           a
           few
           hands
           ,
           and
           made
           a
           spoyl
           to
           their
           unreasonable
           ambition
           .
        
         
           These
           Electors
           must
           every
           one
           ,
           under
           his
           Hand
           and
           Seal
           ,
           signifie
           their
           consent
           to
           the
           Emperor
           ,
           before
           he
           can
           summon
           an
           Assembly
           of
           the
           States
           .
        
         
           They
           got
           to
           themselves
           the
           making
           of
           the
           Emperor
           .
           And
           now
           in
           effect
           the
           States
           cannot
           meet
           without
           their
           order
           .
        
         
         
           They
           were
           wont
           to
           be
           reckoned
           six
           Electors
           ,
           to
           some
           purposes
           seven
           ,
           now
           they
           make
           eight
           ;
           but
           before
           they
           fill
           up
           the
           number
           of
           the
           
             Roman
             Decemviri
          
           ,
           they
           will
           remember
           their
           fate
           .
           These
           ten
           (
           as
           Livy
           tells
           us
           )
           having
           got
           all
           the
           Supreme
           Authority
           for
           a
           time
           into
           their
           hands
           ,
           that
           they
           might
           reign
           absolute
           ,
           
             took
             an
             Oath
             together
             never
             to
             call
             the
             Common
             Councel
             .
          
           Yet
           their
           Tyranny
           held
           not
           long
           .
           This
           cheat
           would
           not
           down
           with
           the
           old
           Romans
           ;
           but
           with
           a
           general
           indignation
           they
           break
           over
           the
           Forms
           and
           Captivity
           of
           the
           letter
           ,
           for
           that
           old
           Law
           in
           Homer
           ,
           
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           to
           free
           their
           Country
           from
           slavery
           ,
           they
           executed
           an
           unwarranted
           piece
           of
           Justice
           upon
           these
           ten
           Usurpers
           ,
           or
           
             Ten
             Tarquins
          
           ,
           as
           some
           body
           then
           call'd
           them
           .
        
         
           Lastly
           ,
           the
           States
           have
           not
           a
           little
           been
           wanting
           to
           themselves
           ,
           in
           the
           affair
           of
           this
           their
           so
           ancient
           and
           fundamental
           Prerogative
           .
           One
           principal
           cause
           (
           amongst
           many
           others
           )
           has
           been
           their
           differences
           about
           Religion
           .
        
         
         
           For
           the
           Protestants
           being
           sure
           to
           be
           out-voted
           in
           the
           Dyet
           ,
           think
           they
           can
           barter
           with
           Caesar
           for
           better
           conditions
           .
           And
           are
           therefore
           well
           enough
           content
           that
           the
           yearly
           Assembly
           be
           neglected
           .
        
         
           In
           a
           word
           ,
           the
           German
           Diet
           is
           still
           on
           foot
           ,
           rather
           incumberd
           ,
           and
           clogged
           ,
           and
           puzled
           ,
           than
           destroyed
           .
        
         
           The
           Parliament
           of
           France
           seems
           quite
           antiquated
           and
           subdued
           ;
           the
           Ghost
           and
           shadow
           of
           the
           defunct
           has
           appeared
           three
           or
           four
           times
           since
           Lewis
           the
           Eleventh
           .
           But
           to
           revive
           that
           Assembly
           in
           its
           full
           and
           perfect
           vigor
           ,
           requires
           a
           Miracle
           like
           the
           Resurrection
           .
        
         
           So
           that
           in
           effect
           ,
           we
           may
           date
           the
           demise
           of
           the
           Parliamentary
           Soveraignty
           in
           France
           ,
           from
           Lewis
           the
           Eleventh
           ;
           and
           the
           decay
           of
           that
           in
           Germany
           from
           Charles
           the
           Fifth
           .
        
         
           It
           is
           in
           England
           onely
           that
           the
           ancient
           ,
           generous
           ,
           manly
           Government
           of
           Europe
           survives
           ,
           and
           continues
           in
           its
           original
           lustre
           and
           perfection
           .
        
         
           Were
           there
           not
           something
           in
           that
           saying
           of
           the
           Emperor
           Maximilian
           ,
           that
           
           
             the
             French
             King
             is
             a
             King
             of
             Asses
          
           ;
           yet
           however
           that
           same
           legereté
           ,
           on
           which
           the
           French
           so
           value
           themselves
           ,
           is
           but
           ,
           in
           plain
           English
           ,
           a
           lightness
           of
           humour
           ,
           by
           the
           which
           they
           are
           easily
           piped
           into
           a
           new
           mode
           of
           Government
           .
        
         
           But
           our
           English
           Ancestors
           have
           always
           been
           of
           a
           more
           steady
           principle
           ▪
           more
           wise
           ,
           and
           more
           weigh'd
           ,
           than
           to
           dance
           after
           their
           Politicks
           .
        
         
           The
           Reformation
           of
           Religion
           leaves
           no
           room
           at
           our
           Court
           for
           Jesuitical
           infection
           ,
           so
           fatal
           to
           the
           Germans
           .
        
         
           Nor
           ,
           on
           the
           other
           hand
           ,
           have
           we
           yet
           had
           any
           Swisse
           Guards
           ,
           or
           Lewisses
           for
           our
           Kings
           .
           Ours
           have
           still
           been
           true
           English
           Original
           ,
           no
           Copies
           of
           the
           French.
           
        
         
           
             Magna
             Charta
          
           ,
           instead
           of
           being
           superannuated
           ,
           renews
           and
           recovers
           its
           pristine
           strength
           ,
           and
           athletick
           vigor
           ,
           by
           the
           
             Petition
             of
             Right
          
           ,
           with
           our
           many
           other
           explanatory
           or
           declaratory
           Statutes
           .
           And
           the
           
             annual
             Parliament
          
           is
           as
           well
           known
           to
           our
           Laws
           ,
           as
           ever
           it
           had
           been
           famous
           amongst
           the
           Customs
           of
           France
           and
           Germany
           .
        
         
         
           I
           have
           not
           formally
           answered
           many
           Objectons
           that
           might
           be
           started
           ;
           nor
           much
           regarded
           the
           single
           instances
           of
           some
           Historians
           ;
           and
           perhaps
           may
           be
           judged
           lame
           in
           several
           particulars
           that
           I
           have
           slighted
           .
        
         
           Take
           all
           together
           ,
           you
           may
           as
           easily
           find
           an
           answer
           ,
           as
           raise
           a
           scruple
           .
           But
           the
           short
           of
           what
           I
           would
           have
           said
           ,
           is
           ,
        
         
           You
           are
           not
           to
           expect
           truth
           from
           an
           
             Historiographer
             Royal
          
           :
           it
           may
           drop
           from
           their
           pen
           by
           chance
           ,
           but
           the
           general
           herd
           understand
           not
           their
           business
           ;
           they
           fill
           us
           with
           story
           accidental
           ,
           incoherent
           ,
           without
           end
           ,
           or
           side
           ,
           and
           never
           know
           the
           Government
           or
           policy
           where
           they
           write
           .
        
         
           Even
           the
           Records
           themselves
           are
           not
           always
           accurately
           worded
           .
        
         
           The
           style
           of
           the
           Court
           ,
           and
           a
           form
           of
           words
           ,
           imposes
           upon
           many
           .
           Names
           are
           taken
           for
           things
           ,
           Ceremonies
           for
           Essentials
           .
        
         
           The
           Civilians
           are
           Vassals
           to
           a
           
             For
             reign
          
           Jurisdiction
           .
           Caesar
           ,
           the
           Sword
           ,
           the
           Military
           ,
           Imperial
           (
           or
           rather
           Imperatorial
           )
           Discipline
           ,
           is
           to
           them
           for
           
           Scepter
           and
           Civil
           Policy
           .
           The
           
             Germans
             ,
             An.
          
           1441.
           were
           for
           excluding
           them
           from
           all
           Offices
           ,
           and
           places
           of
           trust
           .
           
             Limnaeus
             ,
             l.
             1.
             de
             jure
             publ
             .
          
        
         
           Our
           common
           Lawyers
           are
           for
           comparing
           and
           measuring
           by
           their
           rule
           ,
           what
           is
           antecedent
           and
           above
           their
           rules
           and
           comparisons
           .
        
         
           Christs
           Kingdom
           is
           not
           of
           this
           world
           ;
           nor
           ought
           the
           Divines
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           to
           meddle
           in
           this
           
             Political
             Province
          
           .
        
         
           
             In
             the
             general
             notion
             ,
             Monarchy
             or
             Kingly
             Government
             is
             the
             most
             easie
             ,
             and
             the
             most
             excellent
             .
             But
             corruption
             coming
             into
             the
             world
             ,
             neither
             the
             Sons
             of
          
           Iupiter
           ,
           
             nor
             the
             Sons
             of
          
           Hercules
           ,
           
             found
             perfection
             entayled
             upon
             them
             ;
             nor
             were
             exempt
             from
             their
             share
             of
             humane
             frailty
             .
          
           Many
           (
           says
           Tasso
           )
           are
           servants
           by
           fortune
           ,
           who
           are
           naturally
           Princes
           :
           some
           again
           ,
           though
           descended
           from
           an
           hundred
           Kings
           ,
           are
           yet
           born
           to
           be
           slaves
           ;
           and
           (
           maugre
           all
           their
           high
           race
           of
           Royal
           Progenitors
           )
           will
           be
           commanded
           ,
           and
           governed
           ,
           and
           managed
           by
           a
           Minion
           ,
           or
           a
           Mistress
           .
           These
           are
           ,
           really
           and
           indeed
           ,
           slaves
           ;
           but
           are
           not
           judged
           such
           ,
           because
           the
           
           people
           ,
           who
           onely
           look
           on
           the
           outside
           ,
           judge
           of
           mens
           conditions
           ,
           as
           in
           Plays
           ,
           where
           he
           is
           call'd
           a
           King
           ,
           who
           ,
           clad
           in
           purple
           ,
           and
           glistering
           with
           Gold
           and
           Gems
           ,
           does
           personate
           Agamemnon
           :
           if
           he
           does
           not
           represent
           him
           well
           ,
           he
           has
           the
           name
           of
           King
           nevertheless
           ;
           onely
           't
           is
           said
           ,
           The
           King
           was
           out
           in
           his
           part
           ,
           or
           ,
           The
           King
           acted
           his
           part
           scurvily
           .
        
         
           And
           Flavius
           Vopiscus
           ,
           in
           Aurel.
           Caes.
           
             tells
             us
             ,
             Aurelius
             Caesar
          
           dicebat
           ,
           Colligunt
           se
           quatuor
           aut
           quinque
           ,
           atque
           unum
           Concilium
           ad
           decipiendum
           Imperatorem
           capiunt
           ;
           dicunt
           quod
           probandum
           sit
           ;
           Imperator
           qui
           domi
           clausus
           est
           ,
           vera
           non
           novit
           ,
           cogitur
           hoc
           tantum
           scire
           ,
           quod
           illi
           loquuntur
           ;
           facit
           judices
           quos
           sieri
           non
           oportet
           ;
           amovet
           a
           republicâ
           ,
           quos
           debebat
           retinere
           ,
           quid
           multa
           ?
           ut
           Dioclesianus
           ipse
           dicebat
           ,
           Bonus
           ,
           cautus
           ,
           optimus
           venditur
           Imperator
           .
        
         
           
             Aurel●us
             Caesar
          
           was
           wont
           to
           say
           ,
           Four
           or
           five
           get
           together
           about
           the
           Emperor
           ;
           all
           their
           consult
           is
           ,
           how
           to
           cheat
           him
           ;
           what
           they
           say
           ,
           is
           to
           be
           Law
           ;
           the
           Emperor
           ,
           who
           is
           shut
           up
           from
           other
           Counsel
           ,
           never
           knows
           the
           true
           state
           of
           things
           ;
           but
           is
           forced
           to
           
           understand
           just
           so
           much
           onely
           ,
           as
           they
           tell
           him
           ;
           he
           makes
           Iudges
           ,
           who
           the
           least
           of
           all
           should
           be
           ;
           turns
           out
           of
           Commission
           those
           who
           ought
           to
           be
           the
           quorum
           ;
           in
           a
           word
           (
           according
           to
           Dioclesian's
           saying
           )
           the
           Emperor
           ,
           so
           good
           ,
           so
           wary
           ,
           and
           so
           too
           too
           good
           ,
           is
           bought
           and
           sold
           before
           his
           face
           .
        
         
           If
           then
           it
           be
           true
           ,
           that
           he
           who
           is
           of
           Royal
           Extraction
           ,
           clad
           in
           Purple
           ,
           and
           called
           a
           King
           ,
           is
           not
           always
           naturally
           such
           ;
           it
           was
           wisdom
           ,
           certainly
           most
           seasonable
           ,
           to
           find
           the
           means
           that
           might
           correct
           ,
           and
           (
           as
           it
           were
           )
           ensure
           Nature
           against
           the
           impotence
           and
           Tyranny
           of
           the
           Minion
           or
           Mistress
           which
           Tasso
           mentions
           .
        
         
           And
           if
           the
           observation
           of
           
             Aurelius
             Caesar
          
           be
           just
           ,
           that
           Cabals
           are
           so
           pernicious
           ;
           and
           that
           four
           or
           five
           persons
           who
           get
           the
           Prince
           into
           their
           hands
           and
           possession
           ,
           shall
           abuse
           ,
           and
           cheat
           ,
           and
           betray
           him
           to
           his
           face
           ,
           in
           spite
           of
           all
           his
           goodness
           ,
           his
           caution
           ,
           and
           Royal
           Vertues
           ;
           if
           ,
           I
           say
           ,
           these
           things
           be
           true
           ,
           the
           necessity
           of
           Parliaments
           cannot
           be
           disputed
           .
           Homer
           reckoned
           it
           barbarity
           in
           the
           degree
           remotest
           from
           all
           things
           of
           
           God
           and
           goodness
           ,
           and
           a
           
             Cyclopean
             presumption
          
           to
           rule
           without
           Parliaments
           .
        
         
           Old
           Hesiod
           in
           his
           homely
           way
           gives
           an
           Aenigmatical
           reproof
           to
           those
           Kings
           that
           would
           be
           grasping
           all
           ,
           and
           be
           so
           absolute
           ,
           
             
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               .
            
             
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               .
            
          
           as
           if
           he
           had
           said
           ,
           
             These
             fools
             know
             not
             ,
             how
             much
             more
             the
             half
             is
             than
             the
             whole
             ;
             and
             that
             a
             shoulder
             of
             Mutton
             ,
             with
             the
             love
             of
             the
             people
             ,
             is
             more
             worth
             than
             the
             ragoust
             ,
             and
             the
             hautgousts
             ,
             and
             all
             the
          
           French
           
             Kickshaws
             whatsoever
          
           .
        
         
           Plato
           tells
           us
           ,
           that
           even
           in
           Asia
           ,
           they
           who
           performed
           any
           great
           Atchievements
           ,
           or
           enlarged
           the
           Empire
           ,
           were
           those
           (
           as
           the
           
             grand
             Cyrus
          
           ,
           for
           example
           )
           who
           slackened
           the
           Prerogative
           ,
           and
           admitted
           the
           people
           to
           a
           share
           in
           the
           Government
           .
        
         
           But
           such
           as
           Cambyses
           ,
           who
           against
           all
           sense
           and
           reason
           stretcht
           and
           strutted
           upon
           the
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           ,
           the
           Lordly
           domination
           ,
           brought
           all
           again
           into
           confusion
           and
           ruine
           .
        
         
           Amongst
           the
           Latins
           ,
           even
           the
           founder
           
           of
           the
           Roman
           name
           ,
           Romulus
           ,
           because
           he
           took
           upon
           himself
           an
           Arbitrary
           power
           ,
           to
           rule
           without
           the
           Senate
           ,
           they
           (
           it
           is
           thought
           )
           tore
           him
           to
           pieces
           ,
           insomuch
           ,
           that
           they
           left
           nothing
           of
           his
           body
           for
           a
           spectacle
           to
           the
           rabble
           ;
           as
           afterwards
           their
           Successors
           unluckily
           did
           ,
           who
           kill'd
           Caesar.
           
        
         
           The
           Imperial
           power
           that
           began
           with
           the
           Caesars
           ,
           was
           onely
           
             Magnum
             Latrocinium
          
           ,
           one
           huge
           horrid
           oppression
           .
           Military
           Government
           ,
           Martial
           Law
           ,
           barbarous
           Nations
           ,
           Goths
           and
           Vandals
           ,
           over-ran
           ,
           and
           made
           havock
           of
           the
           old
           Civil
           Roman
           Empire
           .
        
         
           In
           
             Britain
             ,
             Gaul
          
           ,
           and
           Germany
           ,
           all
           this
           while
           ,
           liberty
           ,
           and
           a
           participation
           in
           the
           Government
           ,
           was
           the
           common
           right
           and
           inheritance
           unalienable
           ;
           the
           
             Common
             Councel
          
           was
           the
           basis
           and
           hinge
           ,
           however
           the
           administration
           roul'd
           .
        
         
           Afterwards
           ,
           when
           Germany
           gave
           us
           people
           ,
           it
           gave
           us
           a
           German
           and
           a
           free
           people
           .
        
         
           About
           
             An.
             Dom.
             800.
             
             Charlemain
          
           (
           or
           Charles
           the
           Great
           )
           united
           France
           and
           Germany
           under
           one
           Head
           ,
           and
           one
           Empire
           ;
           
           pire
           ;
           all
           Histories
           are
           full
           of
           his
           Reign
           and
           Actions
           :
           he
           rul'd
           
             more
             solenni
             ,
             secundum
             morem
          
           ,
           in
           the
           old
           customary
           Parliamentary
           way
           ,
           every
           where
           .
        
         
           The
           Nations
           round
           about
           submitted
           and
           took
           Laws
           from
           him
           ;
           and
           he
           submitted
           all
           again
           to
           the
           (
           ordinatum
           )
           the
           Ordinance
           of
           Parliament
           .
           An
           
             annual
             Parliament
          
           was
           then
           reckoned
           the
           Custom
           ,
           and
           inviolable
           right
           of
           the
           people
           .
        
         
           And
           thus
           the
           affairs
           of
           State
           proceeded
           ,
           and
           this
           Scheme
           of
           Government
           continued
           in
           Germany
           ,
           till
           the
           late
           unhappy
           divisions
           about
           Religion
           ,
           weakning
           and
           embroyling
           the
           States
           ,
           gave
           way
           to
           the
           Austrian
           ambition
           ,
           new
           projects
           ,
           and
           Jesuitical
           artifice
           ;
           so
           that
           the
           Assembly
           of
           the
           States
           ,
           at
           this
           day
           ,
           keeps
           on
           foot
           (
           indeed
           )
           but
           sick
           ,
           heavy
           ,
           and
           unweildy
           .
        
         
           The
           French
           Court
           had
           much
           sooner
           learnt
           the
           terms
           
             de
             proprio
             Motu
             ,
             &
             potestate
             absolutâ
             ,
          
           by
           their
           neighborhood
           and
           correspondence
           with
           the
           Pope
           at
           Avignon
           .
           But
           so
           long
           as
           the
           English
           Arms
           kept
           them
           in
           mind
           of
           their
           Mortality
           ,
           
           it
           was
           no
           time
           for
           them
           to
           think
           of
           ruling
           without
           a
           Parliament
           .
        
         
           But
           when
           Charles
           the
           Seventh
           had
           sent
           home
           the
           English
           ,
           Lewis
           the
           Eleventh
           ,
           with
           (
           
             Olivier
             le
             diable
          
           )
           his
           Barbars
           ,
           and
           his
           cut-throat
           devils
           ,
           thought
           no
           attempt
           too
           wicked
           for
           them
           .
           He
           (
           forsooth
           )
           was
           
             hors
             du
             page
          
           ;
           he
           wanted
           not
           to
           be
           led
           ,
           he
           was
           past
           an
           Infant
           ;
           and
           a
           lowd
           outcry
           he
           made
           against
           the
           unmannerly
           ,
           clump-fisted
           ,
           bumpkin
           Parliament
           .
           But
           when
           the
           
             bien
             publique
          
           ,
           or
           War
           for
           the
           publick
           good
           ,
           hindred
           him
           from
           bringing
           about
           his
           design
           openly
           and
           directly
           ,
           he
           compast
           it
           ,
           in
           effect
           ,
           by
           slighting
           the
           Militia
           ,
           and
           laying
           his
           project
           of
           a
           standing
           Army
           .
        
         
           In
           England
           we
           have
           also
           heard
           of
           Minions
           ,
           and
           Mistresses
           ,
           and
           Cabals
           ;
           and
           have
           had
           unhappy
           Princes
           .
           But
           the
           Laws
           and
           old
           Customs
           of
           the
           Land
           ,
           the
           generosity
           of
           the
           people
           ,
           and
           the
           Genius
           of
           the
           Nation
           ,
           have
           still
           prevailed
           ,
           and
           been
           too
           strong
           for
           all
           their
           practises
           and
           machinations
           .
        
         
           When
           the
           Normans
           came
           to
           the
           Crown
           ,
           after
           some
           years
           of
           ease
           and
           pr●sperity
           ,
           
           they
           began
           to
           forget
           on
           what
           conditions
           they
           had
           entered
           .
           Conquest
           was
           a
           short
           ,
           a
           compendious
           Title
           ,
           and
           without
           intricacy
           .
           And
           now
           likewise
           the
           Church-men
           were
           every
           where
           agog
           for
           changing
           the
           Government
           both
           of
           Church
           and
           State
           ,
           into
           absolute
           Monarchy
           .
           But
           the
           best
           on
           't
           was
           ,
           the
           pretences
           were
           visible
           and
           notorious
           .
           Besides
           that
           the
           Temporal
           and
           Spiritual
           ,
           the
           Prince
           and
           the
           Prelatical
           Lord
           could
           not
           agree
           who
           should
           be
           Supreme
           .
           Which
           differences
           gave
           breath
           to
           the
           people
           ,
           and
           put
           into
           their
           hands
           an
           opportunity
           to
           assert
           their
           ancient
           just
           Rights
           ,
           and
           bottom
           all
           upon
           the
           Parliament
           again
           .
        
         
           And
           now
           ,
           since
           the
           
             Great
             Charter
          
           ,
           and
           
             Petition
             of
             Right
          
           ,
           and
           the
           many
           other
           declarations
           ,
           what
           can
           threaten
           us
           ?
        
         
           Neither
           the
           Gunpowder
           Treason
           ,
           nor
           the
           late
           more
           sacred
           invention
           of
           a
           Pensioned
           Parliament
           ,
           could
           take
           effect
           .
        
         
           No
           room
           is
           left
           amongst
           us
           for
           a
           standing
           Army
           ,
           which
           enslaved
           the
           French.
           And
           (
           our
           Franc-Archers
           )
           our
           Militia
           continues
           after
           the
           old
           Model
           ,
        
         
           Nor
           ,
           with
           us
           ,
           as
           in
           
             Germany
             .
          
           ,
           is
           the
           
           Papist
           like
           to
           bear
           up
           against
           ,
           and
           balance
           our
           Protestant
           Votes
           in
           Parliament
           ;
           thereby
           to
           render
           the
           Constitution
           useless
           and
           unpracticable
           .
        
         
           And
           it
           may
           be
           hoped
           ,
           we
           shall
           never
           so
           far
           give
           way
           ,
           and
           be
           gull'd
           by
           Jesuitical
           artifice
           ,
           to
           find
           
             another
             division
          
           in
           Religion
           amongst
           us
           ;
           that
           may
           favour
           their
           designs
           ,
           and
           ,
           under
           
             other
             names
          
           ,
           do
           their
           work
           as
           compleatly
           .
        
         
           You
           need
           not
           be
           caution'd
           to
           distinguish
           Plato
           the
           Divine
           ,
           from
           Plato
           the
           Philosopher
           .
           Poets
           and
           Divines
           ,
           you
           know
           ,
           have
           a
           particular
           way
           of
           expression
           ,
           and
           give
           their
           thoughts
           a
           turn
           different
           from
           that
           of
           other
           people
           .
           They
           attribute
           every
           thing
           to
           God
           ;
           though
           the
           whole
           operation
           and
           train
           of
           causes
           and
           proceedings
           ●e
           never
           so
           natural
           and
           plain
           before
           their
           face
           ,
           the
           Images
           they
           make
           are
           often
           taken
           in
           the
           grossest
           sense
           ,
           and
           worshipped
           by
           the
           vulgar
           ;
           and
           many
           times
           the
           Statesman
           is
           willing
           to
           contribute
           to
           their
           Idolatry
           .
           Hence
           it
           comes
           ,
           that
           for
           the
           
             Persians
             ,
             Zoroaster
          
           was
           said
           to
           receive
           his
           Laws
           from
           
             Horomasis
             ;
             Trismegistus
          
           ,
           for
           the
           Aegyptians
           ,
           
           from
           
             Mercury
             ;
             Minos
          
           for
           the
           Cretans
           from
           
             Iupiter
             ;
             Charondas
          
           for
           the
           Carthaginians
           from
           
             Saturn
             ;
             Lycurgus
          
           for
           the
           Lacedemonians
           from
           
             Apollo
             ;
             Draco
          
           and
           Solon
           for
           the
           Athenians
           from
           
             Minerva
             ;
             Numa
             Pompilius
          
           for
           the
           Romans
           from
           
             Aegeria
             ;
             Xamolxis
          
           for
           the
           Scythians
           from
           Vesta
           ;
           and
           all
           these
           as
           truly
           ,
           as
           Mahomet
           had
           his
           Alcoran
           from
           the
           Angel
           Gabriel
           .
        
         
           This
           sort
           of
           Doctrine
           went
           currant
           enough
           whilst
           Monkery
           and
           Ignorance
           sat
           in
           the
           Chair
           ;
           but
           now
           in
           an
           Age
           of
           History
           and
           humane
           Reason
           ,
           the
           blind
           Traditions
           go
           hardly
           down
           with
           us
           .
           So
           that
           
             Iure
             Divino
          
           at
           this
           day
           makes
           but
           a
           very
           litigious
           Title
           .
        
         
           Nor
           was
           it
           consistent
           with
           the
           brevity
           of
           a
           Letter
           ,
           to
           observe
           minutely
           how
           long
           the
           remains
           of
           the
           Roman
           domination
           continued
           amongst
           us
           ;
           as
           ,
           namely
           ,
           That
           the
           Roman
           was
           the
           only
           authentick
           Language
           for
           judicial
           matters
           in
           Germany
           ,
           till
           the
           Reign
           of
           Rudolph
           the
           first
           ,
           about
           the
           year
           1287.
           in
           England
           till
           Edward
           the
           Third
           ,
           in
           France
           till
           Francis
           the
           First
           .
        
         
           But
           in
           Church
           affairs
           ,
           that
           old
           mark
           
           of
           slavery
           is
           not
           yet
           worn
           off
           :
           the
           spiritual
           Emperor
           will
           remit
           nothing
           ,
           he
           still
           holds
           his
           Vassals
           to
           the
           Roman
           Tongue
           even
           in
           Divine
           Service
           ;
           onely
           in
           England
           ,
           and
           where
           the
           Reformation
           has
           prevailed
           ,
           this
           ,
           with
           the
           other
           appurtenances
           of
           Roman
           bondage
           ,
           are
           no
           longer
           necessary
           .
        
         
           Nor
           is
           it
           proper
           in
           this
           general
           draught
           to
           reflect
           on
           all
           the
           several
           steps
           ,
           and
           little
           dispositions
           to
           change
           ,
           in
           each
           Nation
           .
           As
           how
           sometimes
           a
           practice
           has
           prevailed
           against
           the
           form
           and
           letter
           ;
           sometimes
           the
           form
           of
           words
           has
           been
           necessary
           ,
           but
           the
           practice
           obsolete
           .
           The
           use
           in
           Commissions
           of
           the
           phrase
           ,
           
             pour
             en
             jouyr
             tant
             qu'il
             nous
             plaira
             ,
          
           was
           not
           known
           in
           France
           till
           Lewis
           the
           Eleventh
           tryed
           its
           vertue
           ;
           which
           occasioned
           their
           Parliament
           ,
           An.
           1467.
           to
           ordain
           that
           notwithstanding
           the
           clause
           
             tant
             qu'il
             nous
             plaira
          
           ,
           Offices
           should
           not
           be
           voyd
           save
           only
           by
           death
           ,
           resignation
           ,
           or
           forfeiture
           ;
           as
           Pasquier
           in
           his
           Recherches
           informs
           us
           .
        
         
           But
           peradventure
           ,
           since
           it
           has
           been
           so
           much
           controverted
           of
           late
           amongst
           us
           
           who
           are
           the
           
             Three
             States
          
           ,
           and
           the
           word
           occurring
           so
           frequently
           in
           the
           German
           Tongue
           ,
           you
           may
           expect
           some
           account
           who
           they
           be
           that
           have
           the
           name
           of
           States
           in
           Germany
           .
        
         
           They
           express
           the
           word
           States
           in
           their
           own
           Language
           ,
           and
           call
           them
           Stands
           ,
           and
           Reich-stands
           ,
           because
           ,
           says
           Goldastus
           ,
           the
           Empire
           stands
           and
           rests
           upon
           them
           ,
           as
           upon
           its
           basis
           and
           pillars
           .
           
             Status
             Imperii
             dicantur
             ,
             quod
             in
             illis
             ,
             ceu
             membris
             ,
             id
             est
             ,
             basibus
             &
             columnis
             ,
             ipsum
             Imperium
             stet
             &
             subsistat
             .
          
        
         
           Those
           are
           said
           to
           be
           Stands
           ,
           who
           have
           the
           right
           to
           sit
           and
           Vote
           in
           the
           common
           Assembly
           of
           the
           Empire
           .
           
             Hi
             quidem
             status
          
           ,
           Reichs-stands
           
             appellantur
             ,
             ideo
             ,
             quod
             statum
             &
             locum
             votandi
             &
             sedendi
             in
             Comitiis
             Imperii
             habent
             ;
             hâc
             quippe
             unicâ
             &
             propriâ
             quasi
             notâ
             ,
             status
             ab
             aliis
             Imperii
             subject
             is
             secernuntur
             ,
          
           Arumaeus
           ,
           c.
           4.
           de
           Comitiis
           .
           So
           that
           all
           the
           question
           is
           ,
           how
           many
           several
           ranks
           ,
           or
           distinct
           orders
           ,
           there
           may
           be
           of
           these
           Stands
           .
        
         
           From
           Polybius
           we
           have
           had
           a
           particular
           account
           of
           mixt
           Governments
           ,
           where
           he
           calls
           those
           that
           represent
           the
           
           Monarchical
           ,
           the
           Aristocratical
           ,
           and
           the
           popular
           State
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           ,
           
             The
             three
             governing
             parts
             of
             the
             Common-wealth
             .
          
           So
           the
           King
           ,
           the
           Senate
           ,
           and
           the
           Ephori
           at
           Sparta
           ;
           the
           Consuls
           ,
           the
           Senate
           ,
           and
           the
           Tribunes
           at
           Rome
           ,
           were
           there
           the
           
             Three
             States
          
           ,
           and
           had
           each
           their
           particular
           shares
           in
           the
           Government
           .
        
         
           The
           like
           seems
           to
           have
           obtain'd
           in
           France
           ,
           under
           the
           names
           of
           the
           King
           ,
           the
           Peers
           ,
           and
           the
           
             Third
             State.
          
           Nor
           did
           the
           power
           of
           the
           Clergy
           ,
           how
           great
           soever
           otherwise
           ,
           make
           any
           new
           distinct
           Order
           ,
           but
           they
           were
           mixt
           and
           included
           with
           the
           other
           States
           ;
           as
           their
           Learned
           Archbishop
           
             Claude
             Seisselle
          
           in
           his
           Treatise
           of
           the
           French
           Monarchy
           ,
           shows
           us
           .
        
         
           In
           Germany
           how
           the
           Government
           has
           been
           shared
           ,
           and
           who
           have
           had
           a
           right
           of
           Voting
           in
           old
           times
           ,
           we
           may
           learn
           from
           what
           has
           before
           been
           cited
           out
           of
           Tacitus
           ;
           the
           Rex
           ,
           the
           Principes
           ,
           and
           the
           Omnes
           ,
           denote
           the
           
             Three
             States
          
           ,
           who
           had
           their
           several
           shares
           ,
           and
           right
           of
           Voting
           in
           the
           Government
           .
        
         
         
           The
           same
           distinction
           continued
           still
           under
           the
           Western
           Empire
           .
           Hincmar
           ,
           at
           the
           yearly
           Assembly
           ,
           or
           
             generale
             placitum
          
           under
           Charlemain
           ,
           does
           comprehend
           all
           under
           the
           terms
           of
           Seniores
           and
           Minores
           .
           So
           that
           the
           Emperor
           ,
           the
           Seniors
           ,
           and
           the
           Commons
           ,
           seem
           to
           have
           then
           been
           the
           
             Three
             States
          
           .
        
         
           Senior
           (
           which
           the
           Germans
           exprest
           in
           their
           Ealdermen
           )
           we
           may
           suppose
           ,
           was
           a
           word
           grew
           currant
           in
           the
           Provincial
           ,
           or
           vulgar
           Roman
           about
           that
           time
           ;
           and
           afterwards
           was
           diversifyed
           into
           Sieur
           ,
           and
           Sire
           ,
           and
           Sir
           ,
           and
           Monsignior
           ,
           and
           Monsieur
           ,
           and
           was
           ordinarily
           applyed
           to
           Men
           in
           great
           Office.
           Cum
           Seniori
           
             urbis
             nunciata
             fuissent
          
           ,
           &c.
           
           Seniores
           
             loci
             illius
          
           ,
           &c.
           
             Nihil
             per
             me
             feci
             ,
             nisi
             quae
             mihi
             ,
             a
             Dominis
             nostris
             &
          
           Senioribus
           
             Imperata
             sunt
          
           ,
           &c.
           
           Tempore
           Senioris
           nostri
           ,
           &c.
           
             ex
             parte
          
           Senioris
           mei
           Caroli
           ,
           &c.
           These
           and
           the
           like
           passages
           ,
           in
           
             Gregory
             Turonensis
          
           ,
           may
           show
           the
           extent
           of
           the
           word
           ,
           and
           that
           the
           Seniores
           in
           Hincmar
           ,
           were
           the
           same
           with
           the
           Principes
           in
           Tacitus
           .
           Nor
           did
           the
           Signiories
           become
           Hereditary
           till
           Otho
           the
           first
           his
           Reign
           .
        
         
         
           But
           what
           most
           affected
           the
           Government
           ,
           and
           proved
           of
           greatest
           consequence
           in
           this
           affair
           ,
           was
           the
           innovations
           that
           hapned
           in
           Frederic
           the
           Third
           his
           time
           :
           for
           whereas
           formerly
           a
           Proclamation
           was
           wont
           to
           be
           issued
           out
           ,
           for
           summoning
           the
           Assembly
           ,
           whereupon
           ,
           
             Delecti
             ex
             singulis
             Civitatibus
          
           ,
           says
           Aymoinus
           ,
           from
           every
           Town
           and
           City
           were
           chosen
           the
           Burgesses
           and
           Citizens
           to
           go
           their
           Representatives
           to
           the
           Assembly
           ;
           Now
           so
           many
           griev'd
           at
           the
           charge
           ,
           neglected
           the
           Proclamations
           ,
           that
           oftentimes
           the
           Assembly
           could
           not
           proceed
           for
           want
           of
           a
           competent
           number
           of
           Members
           .
           Wherefore
           Frederic
           let
           the
           Proclamations
           alone
           ,
           and
           instead
           thereof
           ,
           sent
           particular
           Letters
           to
           the
           several
           Towns
           ;
           and
           henceforward
           none
           took
           themselves
           obliged
           to
           attend
           ,
           who
           had
           not
           Letters
           directed
           to
           them
           .
           Many
           of
           the
           poorer
           Towns
           were
           glad
           to
           be
           excused
           ,
           and
           private
           Gentlemen
           left
           off
           going
           :
           so
           that
           within
           a
           little
           time
           the
           Government
           was
           brought
           into
           a
           few
           hands
           ,
           and
           every
           day
           rendered
           less
           and
           less
           popular
           .
           Those
           Cities
           that
           
           preserved
           their
           share
           in
           the
           Government
           ,
           and
           right
           of
           Voting
           ,
           by
           continuing
           to
           send
           their
           Representatives
           to
           the
           Assembly
           ,
           are
           now
           therefore
           called
           
             Imperial
             Cities
          
           .
        
         
           Although
           the
           Electoral
           Princes
           had
           a
           name
           much
           sooner
           ,
           yet
           were
           they
           still
           one
           and
           the
           same
           State
           with
           the
           other
           Princes
           ,
           till
           under
           this
           Frederic
           ,
           in
           the
           Dyet
           at
           
             Francford
             ,
             An.
          
           1489.
           they
           parted
           ,
           and
           became
           a
           particular
           Assembly
           ,
           and
           Voted
           severally
           ,
           and
           from
           that
           time
           got
           the
           name
           of
           a
           distinct
           State
           ,
           and
           form'd
           a
           new
           sort
           of
           an
           Aristocratie
           by
           themselves
           .
        
         
           Yet
           all
           this
           while
           the
           Clergy
           did
           never
           set
           up
           for
           a
           separate
           Order
           in
           the
           Common-wealth
           ,
           but
           always
           made
           a
           mixt
           State
           with
           the
           Layety
           ;
           mixt
           they
           are
           in
           the
           Electoral
           State
           ,
           and
           mixt
           in
           that
           of
           the
           Princes
           ,
           where
           the
           Geistlicher
           and
           Weltlicher
           ,
           Ghostly
           and
           worldly
           (
           as
           they
           call
           'um
           )
           together
           with
           the
           Counts
           ,
           Barons
           ,
           and
           other
           Gentlemen
           ,
           make
           but
           one
           State.
           They
           have
           indeed
           a
           particular
           Bench
           (
           
             die
             geistliche
             Bank
          
           )
           to
           sit
           upon
           by
           themselves
           ,
           save
           
           that
           the
           Arch-Duke
           of
           Austria
           ,
           and
           Duke
           of
           Burgundy
           ,
           onely
           sit
           upon
           it
           above
           them
           .
        
         
           Now
           whether
           we
           fix
           our
           Notion
           of
           the
           
             Three
             States
          
           upon
           the
           Doctrine
           of
           the
           Ancients
           ,
           as
           delivered
           by
           Polybius
           ;
           or
           call
           them
           
             the
             States
          
           ,
           who
           have
           a
           
             right
             of
             Voting
          
           ;
           The
           Emperour
           is
           clearly
           one
           of
           the
           States
           .
           Nor
           is
           it
           material
           that
           the
           ordinary
           stile
           and
           form
           of
           words
           seem
           to
           imply
           the
           contrary
           :
           for
           if
           the
           saying
           ,
           
             Emperor
             and
             the
             States
          
           ,
           argues
           the
           Emperor
           himself
           to
           be
           none
           of
           the
           States
           ,
           by
           the
           same
           reason
           the
           form
           so
           frequent
           in
           their
           Recesses
           or
           publick
           Ordinances
           ,
           
             chur
             fursten
             ,
             fursten
             ,
             und
             Standen
             ,
          
           that
           is
           ,
           Elector-Princes
           ,
           Princes
           ,
           and
           States
           ,
           will
           exclude
           the
           Electors
           ,
           and
           the
           other
           Princes
           also
           ,
           from
           being
           either
           of
           them
           States
           .
        
         
           The
           Form
           Emperor
           and
           States
           ,
           does
           no
           more
           prove
           him
           to
           be
           none
           of
           the
           States
           ,
           than
           with
           us
           the
           saying
           King
           and
           Parliament
           ,
           does
           imply
           ,
           that
           the
           King
           is
           no
           part
           of
           the
           Parliament
           .
        
         
           I
           shall
           not
           trouble
           you
           with
           the
           disputes
           ,
           what
           were
           the
           bounders
           of
           Anstrasia
           
           and
           Newstria
           ,
           or
           whether
           by
           the
           devolution
           of
           this
           Western
           Empire
           ,
           Germany
           was
           added
           to
           France
           ,
           or
           France
           to
           Germany
           .
           Or
           whether
           more
           properly
           Charlemain
           be
           to
           be
           reckoned
           amongst
           the
           French
           or
           the
           Germans
           .
           His
           having
           been
           born
           at
           Ingelsheim
           ,
           as
           most
           affirm
           ;
           or
           at
           Carolsburg
           in
           the
           upper
           Bavaria
           ,
           as
           many
           believe
           ;
           and
           his
           speaking
           the
           German
           Tongue
           ,
           with
           this
           testimony
           of
           
             Eginhardus
             ,
             viz.
             Mensibus
             juxta
             patriam
             linguam
             nomina
             imposuit
             ;
             cum
             ante
             id
             tempus
             apud
             Francos
             partim
             Latinis
             ,
             partim
             Barbaris
             nominibns
             appellarentur
             ,
             Ianuarium
             appellavit
          
           Wintermonat
           ,
           Februarium
           Horning
           ,
           Martium
           Lenkmonat
           ,
           &c.
           
           These
           ,
           I
           say
           ,
           are
           urged
           by
           the
           Germans
           ,
           as
           no
           mean
           Arguments
           .
           But
           these
           matters
           concern
           not
           our
           enquiry
           .
        
         
           If
           you
           cannot
           reconcile
           the
           Emperor
           his
           being
           somewhere
           said
           to
           be
           
             Sacri
             Imperii
             Minister
          
           ,
           and
           elsewhere
           declared
           to
           have
           no
           Superiour
           ,
           
             Nisi
             Deum
             &
             Ensem
          
           ,
           but
           God
           and
           the
           Sword
           ;
           Bartolus
           tells
           you
           ,
           
             De
             verbis
             non
             curat
             jureconsultus
          
           .
           The
           intention
           is
           to
           be
           regarded
           before
           
           the
           words
           .
           The
           intention
           of
           the
           States
           in
           that
           Declaration
           ,
           An.
           1338.
           was
           none
           other
           than
           to
           exclude
           the
           wild
           pretensions
           of
           the
           Pope
           ;
           to
           deny
           a
           Forreign
           Jurisdiction
           ,
           not
           to
           confess
           or
           introduce
           any
           new
           subjection
           in
           themselves
           :
           
             Limitata
             ex
             certâ
             causâ
             confessio
             non
             nisi
             limitatum
             producat
             effecium
             .
          
        
         
           But
           I
           cannot
           conclude
           without
           some
           reflection
           on
           these
           frauds
           
             a
             la
             mode
          
           ,
           the
           ruse
           and
           finesse
           ,
           which
           the
           French
           so
           loudly
           boast
           at
           this
           day
           .
           Lewis
           the
           Eleventh
           would
           not
           have
           his
           Son
           learn
           more
           Latin
           than
           
             qui
             nescit
             dissimulare
             ,
             nescit
             Regnare
             .
          
           The
           old
           Romans
           had
           another
           sort
           of
           Spirit
           ;
           we
           are
           told
           in
           
             Livy
             ,
             Haec
             Romana
             esse
             .
             Non
             versutiarum
             Punicarum
             ,
             neque
             calliditatis
             Graecae-apud
             quos
             fallere
             hostem
             gloriosius
             —
             dolo
             quam
             virtute
             :
          
           't
           is
           like
           a
           Roman
           ,
           to
           deal
           openly
           and
           roundly
           ;
           not
           to
           practice
           the
           Carthaginian
           Leger-de-main
           tricks
           ,
           or
           Graecian
           cunning
           ,
           whose
           glory
           is
           to
           circumvent
           and
           by
           fraud
           not
           vertue
           overcome
           an
           Enemy
           .
        
         
           The
           Venetians
           at
           this
           day
           are
           commended
           for
           the
           same
           style
           .
           
             Il
             procedere
             veramente
             Regio
             regli
             affari
             publici
             ,
             il
             negotiare
             saldo
             ,
             e
             libero
             ,
             e
             senza
             artisicio
             ,
             O
             duplicita
             ;
             non
             masquerato
             ,
             non
             finto
             ,
             ma
             sincero
             ,
             e
             del
             tutto
             alieno
             da
             ogni
             dissimulatione
             e
             fallacia
             .
          
           Their
           proceedings
           in
           publick
           Affairs
           ,
           (
           says
           our
           Author
           )
           is
           truly
           Royal
           ;
           they
           negotiate
           upon
           the
           square
           ,
           frankly
           ,
           and
           without
           artifice
           ,
           or
           double
           dealing
           ,
           not
           disguised
           ,
           or
           upon
           the
           sham
           ;
           but
           sincere
           ,
           and
           
           every
           way
           far
           from
           all
           dissembling
           and
           tricks
           .
        
         
           And
           indeed
           the
           bugie
           and
           inganni
           ,
           and
           little
           Italian
           shifts
           ,
           would
           better
           become
           Duke
           Valentine
           and
           the
           petty
           Princes
           ,
           than
           any
           Kingdom
           or
           Commonwealth
           of
           true
           strength
           and
           solid
           reputation
           .
        
         
           The
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           and
           the
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           the
           Sophistries
           and
           State-pretences
           of
           this
           kind
           .
           However
           furbisht
           up
           ,
           and
           gloss'd
           over
           of
           late
           by
           our
           politick
           Brokers
           ,
           were
           all
           stale
           cheats
           ,
           and
           worn
           out
           even
           in
           Aristotle's
           time
           .
        
         
           Thus
           have
           I
           hinted
           matters
           to
           you
           ,
           and
           onely
           toucht
           upon
           Heads
           ,
           without
           anticipating
           your
           reflections
           and
           applications
           .
           I
           have
           not
           treated
           you
           like
           a
           stranger
           ,
           but
           as
           one
           thorowly
           informed
           before-hand
           ,
           and
           to
           whom
           all
           those
           difficulties
           are
           familiar
           ,
           which
           I
           can
           onely
           discover
           at
           a
           distance
           .
           And
           after
           all
           ,
           I
           must
           fly
           from
           your
           judgment
           ,
           to
           your
           good
           nature
           .
        
         
           FINIS
           .