a collection of speeches made by sir edward dering knight and baronet, in matter of religion. some formerly printed, and divers more now added: all of them revised, for the vindication of his name, from weake and wilfull calumnie: and by the same sir edward dering now subjected to publike view and censure, upon the urgent importunity of many, both gentlemen and divines. dering, edward, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a collection of speeches made by sir edward dering knight and baronet, in matter of religion. some formerly printed, and divers more now added: all of them revised, for the vindication of his name, from weake and wilfull calumnie: and by the same sir edward dering now subjected to publike view and censure, upon the urgent importunity of many, both gentlemen and divines. dering, edward, sir, - . [ ], p. : port. printed by e.g. for f. eglesfield, and jo. stafford, london : . reproduction of the original in the british library. eng church of england -- government -- early works to . speeches, addresses, etc., english -- early works to . great britain -- church history -- th century -- early works to . a r (thomason e _ ). civilwar no a collection of speeches made by sir edward dering knight and baronet, in matter of religion.: some formerly printed, and divers more now a dering, edward, sir f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion portrait of edward dering a collection of speeches made by sir edward dering knight and baronet , in matter of religion . some formerly printed , and divers more now added : all of them revised , for the vindication of his name , from weake and wilfull calumnie : and by the same sir edward dering now subjected to publike view and censure , upon the urgent importunity of many , both gentlemen and divines . ovid . dat veniam corvis , vexat censura columbas . aristoph. in avib . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . london , printed by e. g. for f. eglesfield , and jo. stafford . . to the reader . let them who are in a fault ransom themselves with excusatory defences . i have no such worke in hand . a short narration will be my just vindication . apologies are ever read with jealousie : and they are indeed but after-games at reputation . these sheets doe not weare that livery : i have no need to apologize . nothing in my selfe hath moved me to open these papers abroad ; and what need i regard the empty opinion of such as doe either weakely or wilfully traduce ? but they doe traduce ! it is said that i doe {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} yet none can justly say , where , when , to whom , or what , i ever said that i doe since recede from . reader , if thou either be a scholler or a gentleman read and censure freely , i feare no blot from thy hand : if thou be neither , cast what dirt thou wilt , none will sticke on me . and indeed i had rather ( if thou be such ) beare the scourge of thy tongue , then have the kisses of thy lips : the latter would make me suspect my selfe ; the former would beget a hope of some merit in me . a well-fare to my reader if , hee be , either of birth or breeding : a farewell to the rest . edward dering . section i. why am i thus unhappily , and thus publickly engaged ? if my head and my heart have alway gone even pace together , if my conscience and my tongue have ever kept one tune , how is it that i heare my selfe changed ? if any thing i have said or done be contrariant , nay if dissonant or retardant to a most severe reformation , ( the utmost of my constant wish and profession ) nay if upon any occasion i have therein been remisse and tepid , if upon all occasions i have not given my active and my hearty endeavours thereunto , some good friend be a true glasse unto me , and reflect that by-past errour to my sight againe . i will owne the fault ( if it be mine ) and thanke him . but if some passengers ( in i know not what ship ) saile by , untill their owne heads be giddy , they may as well say , that the hils and trees upon the shoare , as that i am moved . whilst they are floating , i stand steady , wondring to what coast they are bound . the question is , whether ever i professed my selfe for root and branch : that is the shibboleth whereby some try whether you are for ruine or for reforming . every one is not catechized in plain tearmes as i was , art thou for us , or for our adversaries ? so said one of the usuall blacke walkers in westminster hall . another of our parliament-pressing ministers , after i had delivered my sence upon episcopacy in the house , came to me and told me plainely , that my conscience was not so good as in the beginning of the parliament . yet i may ( and doe ) challenge him , or any man , to instance where , when , and what i have said to deserve this opinion of change . i presse not this , as fondly glorying in a pertinacy . no , i professe my selfe ready and willing , at any time to imbrace a corrected understanding , let any of them ( who hath temper , discretion and charity ) come and try me . i have no end , no ayme to lead me , but faire truth , i have no byas but a conscience warmed with zeale , and therefore when i change , ( if i change ) it shall be the conquest and victory of truth upon me . and i then shall never be ashamed of being wonne , but will glory in the change . but i delivered in the bill for abolition of episcopacy . true , my friend ( then next me ) urged me with importunacy that i would receive it , and plainly said it should goe in how ever : and so ( i am assured ) it had , but not with so faint commendations as i bestowed on it , which ( i dare say ) gave no weight unto the worke . the bill was then lesse then two sheets of paper , and by subjoyning two more might have given us the old originall episcopacy , even with the same hand that abrogated the present . beside , the chiefe end then was to expedite the progresse of another bill against the secular jurisdiction of the bishops ( at that very time ) labouring in the house of lords . so that this bill did in my sence iniquum petere , ut aequum ferret . little did i ( or any man there ) imagine , that those two sheetes should be multiplied with addition of above forty more , and yet unfinished . the onely colour , or rather shadow whereupon some thought me as fierce for ruine as themselves , was my fortune or misfortune , to strike first , ( and shortly after , secondly ) at the tallest cedar on the churches lebanon . t is true i did so , and am nothing sorry for the blow . his crimes were many : the complaints were fresh with me , and my selfe ( entrusted by that county where his diocese is seated ) as fit as any to strike that stroke . this was at that time received and applauded as an act of justice , but by the same men of late traduced , as relishing of personall malignity . non sic didici christum . i thanke god , my heart hath never yet knowne the swelling of a personall malice . and for the bishop , i professe , i did ( and doe ) beare a good degree of personall love unto him , a love unto some parts and qualities , which i thinke him master of . his intent of publike uniformity was a good purpose , though in the way of his pursuit there of he was extreamely faulty . his booke lately set forth ( especially for the latter halfe thereof ) hath muzled the jesuite , and shall strike the papists under the fifth ribbe when he is dead and gone . and being dead , wheresoever his grave shall be , paul's will be his perpetuall monument , and his owne booke his lasting epitaph . it is true , the roughnesse of his uncourtly nature sent most men discontented from him : yet would he often ( of himselfe ) finde waies and meanes to sweeten many of them againe , when they least looked for it . lastly , he was alway one and the same man , begin with him at oxford , and so goe on to canterbury , he is un-mov'd , unchanged : he never complied with the times , but kept his own stand , untill the times came up to him . hee is not now in a condition to be flattered , nor was i ever so low , to use it . i did not accuse him for these . i strucke another string , and that of so right a tune to them that are stung with the tarantula , that i was instantly voyced , more as they would have me , then i was . for ( the truth is ) i did not dreame , at that time of extirpation and abolition of any more then his archiepiscopacy : our professed rooters themselves ( many of them ) at that houre had i perswade my selfe , more moderate hopes then since are entertained . a severe reformation was a sweet song then . i am and ever was for that , and for no more . it is objected that i goe counter to what i have publikly asserted in the house : have patience , and take a copy of what i have spoken in matter of religion . section ii. novemb. . . mr. speaker , yesterday the great affaires of this house did borrow all the time allotted to the great committee for religion . i am sorry that having but halfe a day in a whole week , we have lost that . mr. speaker , it hath pleased god to put into the heart of his majesty ( for the kings heart is in the hand of the lord ) once more to asseble us into a senate , to consult upon the unhappy distractions , the sad dangers , and the much feared ruins of this late flourishing church and kingdome . god be praised both for his goodnesse , and for his severity whereby he hath impelled this meeting ; and humble thanks unto his majesty , whose parentall care of us his subjects , is willing to relieve us . the sufferances that we have undergone are reducible to two heads . the first concerning the church : the second belonging to the common-wealth . the first of these must have the first fruits of this parliament , as being the first in weight and worth , and more immediate to the honour of god and his glory , every dramme whereof is worth the whole weight of a kingdome . the common-wealth ( it is true ) is full of apparent dangers . the sword is come home unto us , and the two twin-nations united together under one royall head , brethren together in the bowels and the bosome of the same island , and which is above all , imbanded together with the same religion ( i say the same religion ) by a devillish machination , like to be fatally imbrued in each others blood , ready to dig each others grave , quantillum ab●uit ! for other grievances also , the poore disheartned subject , sadly groanes , not able to distinguish betwixt power and law . and with a weeping heart ( no question ) hath prayed for this hower , in hope to be relieved , and to know hereafter , whether any thing he hath , besides his poore part and portion of the common ayre he breathes , may be truly called his own . these ( mr. speaker ) and many other doe deserve and must shortly have our deep regard , but suo gradu , not in the first place : there is a unum necessarium above all our worldly sufferances and dangers , religion , the immediate service due unto the honour of almighty god . and herein let us all be confident , that all our consultations will prove unprosperous , if we put any determination before that of religion . for my part , let the sword reach from the north to the south , and a generall perdition of all our remaining right and safety , threaten us in open view , it shall be so farre from making me to decline the first setling of religion , that i shall ever argue , and rather conclude it thus . the more great , the more imminent our perils of this world are , the stronger and quicker ought our care to be for the glory of god and the pure law of our soules . if then ( m. speaker ) it may passe with full allowance , that all our cares may give way unto the treaty of religion , i will reduce that also to be considered under two heads : first of ecclesiasticke persons , then of ecclesiasticke causes . let no man start or be affrighted at the imagined length of this consultation , it will not , it cannot take up so much time as it is worth . — this , it is god and the king ; this , is god and the kingdom , nay , this , is god and the two kingdomes cause . and therefore ( m. speaker ) my humble motion is , that we may all of us seriously , speedily , and heartily enter upon this , the best , the greatest , the most important cause we can treat of . now ( m. speaker ) in pursuit of my own motion , and to make a little enterance into this great affaire , i will present unto you the petition of a poore oppressed minister in the county of kent : a man orthodox in his doctrine , conformable in his life , laborious in the ministery as any we have , or i doe know . he is now a sufferer ( as all good men are ) under the generall obloquy of a puritan ; ( as with other things was excellently delivered by that silver trumpet at the barre . ) the pursivant watches his doore , and divides him and his cure asunder , to both their griefes : for it is not with him as ( perhaps ) with some that set the pursivant at worke , gladded of an excuse to be out of their pulpit , it is his delight to preach . about a week since i went over to lambeth , to move that great bishop ( too great indeed ) to take this danger off from this minister , and to recall the pursivant . and withall i did undertake for master wilson ( for so your petitioner is called ) that he should answer his accusers in any of the kings courts at westminster . the bishop made me answer ( as neere as i can remember ) in haec verba , i am sure that he wil not be absent from his cure a twelve-moneth together , and then ( i doubt not ) but once in a yeere we shall have him . this was all i could obtaine , but i hope , ( by the help of this house ) before this yeere of threats run round , his grace will either have more grace , or no grace at all . for our manifold griefes doe fill a mighty and a vast circumference , yet so that from every part our lines of sorrow , doe lead unto him , and point at him the center , from whence our miseries in this church , and many of them in the common-wealth do flow . let the petition be read , and let us enter upon the worke . what is here for root and branch ? i can not find a line that i can wish unsaid : nor do i read a letter , that i would go lesse in . it is replied , that the petitioner m. wilson , is a man for root and branch ; if he be , that was no part of his petition ; nor indeed any part of my knowledge then : i am no more obliged to answer herein , then i am bound to own and defend m. wilson , if he should hereafter cast aside the cōmon prayer , what were that to me , or to what i then did say ? sure i am , that i was well assured , that he did not allow of separation then : and that he had been a powerfull perswader of others , not to withdraw from our publike service . and i thinke so well of his goodnesse , temper and conscience , that he will not easily be led away to these mistaking excesses . section iii. the next is that which i spake in the grand committee of the whole house for religion , m. white holding that chaire : whereof this is a copy . . novem. . m. white , you have many private petitions , give me leave ( by word of mouth ) to interpose one more generall , which thus you may receive . gods true religion is violently invaded by two seeming enemies : but indeed they are ( like herod and pilate ) fast friends for the destruction of truth . i meane the papists for one party , and our prelating faction for the other . betweene these two in their severall progresse , i observe the concurrence of some few parallels , fit ( as i conceive ) to be represented to this honourable house . first with the papists , there is a severe inquisition : and with us ( as it is used ) there is a bitter high commission ; both these ( contra fas & jus ) are judges in their own cause : yet herein their inquisitors are better then our high commissioners — they ( for ought i ever heard ) do not saevire in suos ) punish for delinquents and offenders , such as professe and practice , according to the religion established by the lawes of the land where they live . but with us how many poore distressed ministers ? nay how many scores of them , in a few yeeres past , have been suspended , degraded , deprived , excommunicated , not guilty of the breach of any our established lawes . the petitions of many are here with us , more are comming : all their prayers are in heaven for redresse . secondly , with the papists , there is a mysterious artifice , i mean their index expurgatorius whereby they clip the tongues of such witnesses , whose evidence they do not like . — to this i parallell our late imprimatur's : licences for the presse : so handled that truth is supprest , and popish pamphlets fly abroad cum privilegio : witnesse the audacious and libelling pamphlets against true religion , written by pocklington , heylin , dow , cosins , shelford , swan , reeves , yates , hausted , studley , sparow , brown , roberts . — many more : i name no bishops , but i adde , &c. nay they are already grown so bold in this new trade , that the most learned labours of our ancient and best divines , must be now corrected and defaced with a deleatur by the supercilious pen of my lords yong chaplain ; ( fit perhaps ) for the technicall arts , but unfit to hold the chaire for divinity . but herein the roman index is better then are our english licences : they thereby do preserve the current of their own established doctrine : a point of wisdome . but with us our innovators by this artifice do alter our setled doctrines ; nay they do subinduce points repugnant and contrariant . and this i dare assume upon my selfe to prove . one parallel more i have , and that is this . among the papists , there is one acknowledged supreme pope , supreme in honour , in order , and in power : from whose judgement there is no appeale . — i confesse ( m. speaker ) i cannot altogether match a pope with a pope : ( yet one of the ancient titles of our english primate was alterius orbis papa . ) but thus far i can go , ex ore suo . it is in print , — he pleads faire for a patriarchate : and for such an one , whose judgement , he ( before-hand ) professeth ought to be finall : and then ( i am sure ) it ought to be un-erring . put these together , and you shall find that the finall determination of a patriarch will want very little of a pope , — and then we may say — mutato nomine de te fabula narratur — he pleads popeship under the name of a patriarch . and i much feare least the end and top of his patriarchall plea may be as that of cardinall pole ( his predecessor ) who would have two heads , one caput regale , another caput sacerdotale : a proud parallell , to set up the miter as high as the crown . but herein i shall be free and cleare , if one there must be ( be it a pope , be it a patriarch ; this i resolve upon for my owne choyce ( procul a iove procul a fulnime . ) i had rather serve one as far off as tyber , then to have him come so neere me as the thames . a pope at rome will do me lesse hurt then a patriarch may do at lambeth . i have done , and for this third parallel i submit it to the wisdome and consideration of this grand committee for religion , in the mean time i do ground my motion , upon the former two , and it is this in brief . that you would please to select a subcommittee of a few , and to impower them for the discovery of the numbers of oppresse ministers under the bishops tyranny for these ten yeers last past . we have the complaint of some , but more are silent : some are patient and will not complaine , others are fearefull and dare not , many are beyond sea and cannot complaine . and in the second place , that the sub-committee may examine the printers what books by bad licences have been corruptly issued forth : and what good books have been ( like good ministers ) silenced , clipped or cropped . the worke i conceive will not be difficult , but will quickly returne into your hand full of weight . and this is my motion . what is here for root and branch ? but i must search farther , although for that , which ( i am sure ) cannot be found . section iv. i come now the likeliest tryall wherein to find my self guilty . a petition was brought unto me out of kent in terminis terminantibus , as that from many citizens of london ) which is in print . this indeed if it were not the spawne of the london petition , yet finding it a parrat taught to speake the syllables of that , and by roate calling for root and branch , i dealt with the presenters thereof , and with other parties thereunto , untill ( with their consents ) i reduced it to lesse then a quarter of it former length , and taught it a new and more modest language . upon delivery of this petition thus i prefaced . january . . m. speaker , yesterday we did regulate the most important businesse before us , and gave them motion , so that our weighty affaires , are now on their feet in their progresse , journying on towards their severall periods , where some i hope will shortly find their latest home . yet among all these i observe one , a very main one , to sleep sine die : give me leave to awaken it ; it is a businesse of an immense weight , and worth ; such as deserves our best care , and most severe circumspection . i mean the grand petition long since given in by many thousand citizens against the domineering of the cleargy . wherein ( for my part ) although i cannot approve of all that is presented unto you , yet i do clearely professe , that a great part of it , nay the greatest part thereof , is so well grounded , that my heart goes cheerfully along therewith . it seems that my country ( for which i have the honour to serve ) is of the same mind , and least that you should think that all faults are included within the walls of troy , they will shew you iliacos intra muros peccatur & extra . the same grievances which the city groans under , are provincial unto us , and i much feare they are nationall among us all . the pride , the avarice , the ambition and oppression , by our ill ruling clergy is epidemicall , it hath infected them all . there is not any , or scarce any of them , who is not practicall in their own great cause in hand , which they impiously doe mis-call , the piety of the times , but in truth , so wrong a piety that i am bold to say , in facinus jurasse putes . — here in this petition is the disease represented , here is the cure intreated . the number of your petitioners is considerable , being above five and twenty hundred names , and would have been foure times as many , if that were thought materiall . the matter in the petition is of high import : but your petitioners themselves are all of them quiet and silent at their own houses , humbly expecting and praying the resolution of this great senate , upon these their earnest and their hearty desires . here is no noyse , no numbers at your door : they will be neither your trouble nor your jealousie ; for i do not know of any one of them this day in the town : so much they do affie in the goodnesse of their petition , and in the justice of this house . if now you want any of them here , to make avowance of their petition , i am their servant . i do appeare for them and for my selfe , and am ready to avow this petition , in their names , and in my own . nothing doubting , but fully confident , that i may justly say of the present usage of the hierarchy in the church of england , as once the pope ( pope adrian as i remember ) said of the clergy in his time : a vertice capitis ad plantam pedis , nihil est sanum in toto ordine ecclesiastico . i beseech you read the petition , regard us , and relieve us . the petition it selfe speaks thus : to the honourable the commons house of parliament . the humble petition of many the inhabitants within his majesties county of kent , most humbly shewing , that by sad experience we doe daily finde the government in the church of england , by archbishops , lord-bishops , deanes , & archdeacons , with their courts , jurisdictions , and administrations , by them and their inferiour officers , to be very dangerous , both to church and common-wealth , and to be the occasion of manifold grievances unto his majesties subjects , in their consciences , liberties , and estates , and likely to be fatall unto us in the continuance thereof . the dangerous effects of which lordly power in them , have appeared in these particulars following . they doe with a hard hand over-rule all other ministers , subjecting them to their cruell authority . . they do suspend , punish , and deprive many godly , religious , and painfull ministers , upon slight and upon no grounds : whilst in the mean time , few of them doe preach the word of god themselves , and that but seldome . but they doe restraine the painfull preaching of others , both for lectures , and for afternoon sermons on the sabbath day . . they do countenance and have of late encouraged papists , priests , and arminian both bookes and persons . . they hinder good and godly books to be printed : yet they do licence to be published , many popish , arminian , and other dangerous tenents . . they have deformed our churches , with popish pictures , and suited them with romish altars . . they have of late extolled and commended much the church of rome , denying the pope to be antichrist : affirming the church of rome to be a true church in fundamentals . . they have practised and inforced antiquated and obsolete ceremonies , as standing at the hymnes at gloria patri , and turning to the east at severall parts of the divine service , bowing to the altar , which they tearm the place of gods residence upon earth : the reading of a second service at the altar , and denying the holy sacrament of the eucharist to such as have not come up to a new set rayle before the altar . . they have made and contrived illegall canons and constitutions , and framed a most pernitious and desperate oath : an oath of covenant and confederacy for their owne hierarchicall greatnesse beside many other dangerous and pernicious passages in the said canons . . they doe dispence with plurality of benefices : they do both prohibite and grant marriages , neither of them by the rule of law or conscience , but do prohibite that they may grant , and grant that they may have money . . they have procured a licencious liberty for the lords day , but have pressed the strict observation of saints holidaies , and do punish , suspend , degrade , deprive godly ministers for not publishing a book for liberty of sports on the sabbath day . . they doe generally abuse the great ordinance of excommunication , making sometimes a gaine of it , to the great discomfort of many poore soules , who for want of money can get no absolution . . they claime their office and jurisdiction to be jure divino , and do exercise the same ( contrary to law ) in their own names , and under their own seales . . they receive and take upon them temporall honours , dignities , places , and offices in the comonwealth , as if it were lawfull for them to use both swords . . they take cognisance in their courts and elsewhere of matters determinable at the common law . . they put ministers upon parishes , without the patron , and without the peoples consent . . they do yeerly impose oaths upon churchwardens , to the most apparent danger of filling the land with perjury . . they do exercise oathes ex officio in the nature of an inquisition even into the thoughts of men . . they have apprehended men by pursivants , without citation or missives first sent : they break up mens houses and studies taking away what they please . . they do awe the iudges of the land with their greatnesse , to the inhibiting of prohibitions , and hindring of habeas corpus when it is due . . they are strongly suspected to be confederate with the roman party in this land , and with them to be authors , contrivers or consenters to the present commotions in the north , & the rather because of a contribution by the clergy , and by the papists in the last yeer , . and because of an ill named benevolence of six subsidies granted or intended to be granted this present yeare . thereby and with these moneys to engage ( as much as in them lay ) the two nations into blood . it is therefore humbly and earnestly prayed , that this hierarchicall power may be totally abrogated , if the wisdome of this honourable house , shall find that it cannot be maintained by gods word , and to his glory . and we your petitioners shall ever pray , &c. section v. upon occasion of what i said of the late canons , i might easily have pressed the abolition of the founders , and of the whole order of prelacy : and surely , if it had been my wish , i would ( as others ) have so exprest my selfe . here followes my argument against these canons , and that chiefly aymed against the founders of them : yet nothing of root and branch therein . . decemb. . m. speaker , that the late canons are invalidous , it will easily appeare , and that they are so originally in the foundation , or rather in the founders of them , i will assume upon my selfe to demonstrate , having first intimated my sense by way of preparative . the pope ( as they say ) hath a triple crown , answerable thereunto , and to support that , he pretends to have a threefold law . the first is , jus divinum , episcopacy by divine right ; and this he would have you thinke to be the coronet next his head , that which doth circle and secure his power . our bishops have ( in an unlucky time ) entred their plea and pretended title to this crown , episcopacy by divine right . the second is jus huntanum , constantins donation , the gift of indulgent princes ; temporall power . this law belongs to his second , or his middle crown ; already also pleaded for by our prelates in print . these two crowns being obtained , he ( the pope ) doth frame and make his third crowne himselfe , and sets that upmost , upon the top — this crown also hath its law , and that is jus canonicum , the canon law , of more use unto his popeship then both the other — just so our prelates from the pretended divinity of their episcopacy , and from the temporall power granted by our princes they would now obtrude a new canon law upon us . they have charged their canons at us to the full , and never fearing that ever they would recoyle back into a parliament they have rammed a prodigious ungodly oath into them . the illegality and invalidity of these canons ( as i conceive ) is easily discoverable by one short question , viz. what do you call the meeting wherein they were made ? give it a name to know it by : who can frame his argument aright , unlesse he can first tell against what he is to argue ? would you confute the convocation ? they were a holy synod : would you argue against the synod ? why they were commissioners : would you dispute the commission ? they will mingle all powers together , and answer that they were some fourth thing , that we neither know nor imagine . quo teneam nodo mutantem protea ? unlesse they will unriddle themselves , and owne what they were , we may prosecute , but hardly with concludent arguments . yet i venture . i have conferred with some of the founders of these new canons , but i professe clearly , that i could never yet meet with any one of that assembly , who could ( in behalfe of their meeting ) well answer me the first question in the catechisme , what is your name ? alas , they are parted before they know what they were when they were together . the sum of the severall answers , that i have received , doth amount to this . they were a convocationall — synodicall — assembly of commissioners , indeed a threefold chimaera , a monster to our lawes , a cerberus to our religion . a strange commission wherein no one commissioners name is to be found . a strange convocation that lived when the parliament was dead : a strange holy synod where one part never saw , never conferred with the other . — but indeed what use or need of conference , if that be true of these canons , which i read of the former ones , notum est canones formari lambethae , priusquàm in synodo ventilentur . thus far preparatory ; i proceed to my argument , whereby to manifest the invalidity of these canons , not borrowing but avoyding what hath formerly been instanded by others . i will neither inveigh upon them as unnamed commissioners , nor infirme them as the work of a dead convocation ; but will take them in the capacity of their own affected title of a synod . such they bragged themselves to be whilest they sate : such they stile themselves in the title-page of these ( never to be canonized ) canons — the words are — canons treated upon in convocation — agreed upon in synod . this treating in one capacity and agreeing in another ; is a new mould to cast canons in , never used before . canons bred in a convocation , born in a synod . thus although we find not one good father , here are yet two mothers to one illfavoured child ; never known before , nor imagined but of bacchus , whom the poets cals among other attributes — solúmque bimatrem . i proceed : if their meeting be a synod , either it is so by donation , by election , or only by vsurpation . donation from the king : is this title and authority , indulged to them by his majesty ? look through all his highnesse letters patent , and they are not once saluted with the ambitious title of a synod . yet in the canons they have assumed it seventeen times , it is their own pride , their own presumption . the king hath not done it , ( pardon me ) no prince ever did it or can do it ; no power regall , imperiall , or papall did ever attempt it , to ordaine that william , and richard , matthew and iohn , &c. and i know not who more , being met and assembled upon other summons shall by a commission be on a sudden translated from what they were , into an unthought-of nationall synod , without voyce or choise of any man to be concerned : this never was done , this never can be well done . as for due election for such meetings , this indeed is or ought to be of the true esse to a legitimate synod . but due election made up by voyces is so much a stranger to this synod , that their fatherhoods will confesse that they were never trusted to this synod , as a synod by any , either of the clergie or of the laity . concerning the choise of a few of them , and but a few ( about . as i guesse ) chosen to the convocation house , that choice wil never render them a lawfull synod , untill they can prove metamorphosis and transubstantiation . — for the votes of all their choosers upon expiration of the convocation house returned backe home to every mans bosome from whence they breathed . so that if you will en-live the same men to be now synodall , who were before but convocationall , you must renew the old pythagorean transmigration , for they want the breath and life of an election . a new one you have not , and the old one is not to be had but by {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . besides i do affirm and shall approve , that the electors to a convocation and to a synod are not all one . the clergy only do , and of right onely ought to choose unto the convocation house . the reason ; we of the laity ( so they will call us ) have our house of commons where our trustees by vertue of our voyces do sit at the same time . but in the choice unto a synod ; we who must be bound by the determinations of the synod , ought also to be interested in the parties determining . this is clear enough in reason , and will be better oleared presently . of synods i find five severall sorts , first a generall or universall synod ; secondly , patriarchicall ; thirdly , nationall ; fourthly , provinciall ; fiftly , a diocesan synod . i passe by the two first and last , as not pertinent to this time and affaire . concerning provinciall and nationall synods a word or two ; if i know which to call their late meeting . they run on riddles : and i want an oedipus at every turn . these canons , were they forged in one synod nationall , or in two provinciall ? were they two provinciall synods ? how then come their acts and canons to be imbodyed together ? how comes it to passe that all the canons speak in the singular number ? the synod ; the holy synod ; the sacred synod . sacred will now be hardly granted , unlesse as the poet doth , — auri sacra fames . was it then but one ? was it a nationall synod ? why the provinces ( we all know ) never did convene , they never met together . look on the representative body of the commons of this whole land : every one within the same walls hearing every ones argument , and thereupon mending , altering , and ( as occasion is ) correcting his own judgment , and afterwards ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) joyning in unanimous consent . and if the able members of the north beyond trent were divided from the rest , there would be quickly found a want of their worth and weight , nor could their sitting at the same time at yorke , make the rest a house of commons here , for the whole kingdome must be represented entire . but as we have done the title synod , so let us give them the attribute nationall , a nationall synod , and yet see how inconsistent and invalidous they are ! the very esse of every synod doth subsist in a double foundation . fundamentum materiale and fundamentum formale . — the due materials of a synod are the interiour qualities and indowments of the persons whereof the synod consisteth , not their externall dignities and promotions . and therefore every man thus qualified is as capable to be of the synod , as any deane or archdeacon of them all . the fundamentum formale , is delegatio ab ecclesia & debita electio . a due choice to be made by all that are or shall be concerned in the determinations of the synod : and this trust of choyce may fall upon another man , as well and as soon as upon dean or archdeacon . i will not quarell the want of able parts in any members of that late doubtfull dangerous meeting : i grant them the materials of a true synod , but will insist only upon the second , want of form , want of due election : which if they want , the most virtuall and most obliging tie , and the most binding part is wanting . that they had no such election , we need not go forth to prove ; no one man in the kingdom can say that he gave a voice to the election of any one dean or archdeacon to sit for him in that synod , nor were the clarks chosen by all who were to be bound . so then there remaineth only to be proved this : that such election of persons , by all persons to be concerned in the decrees , and canons , is necessary to the constituting of a lawfull synod ; which is all one as to say , that the elections to a synod ought to be , both by the clergy and the laity . m. speaker , i will trouble you but with one reason , and a very few instances , all briefly . the acts and canons of every lawfull nationall councell or synod , ought to bind the whole nation , both laity and clergy : but this cannot be reasonable and just , if the laity be excluded both from consultation and from choice of consulters . the reason is plain . it is a ground in nature , and so confessed upon this very case by d. feild , who hath it out of occam — quod omnes tangit , ab omnibus tractari debet . and this is so cleare a maxim , that in this very sence also ; for the laity to be present at councels , this very aphorisme is used by the pope in his own glosse upon the canonist gratian . quod omnes tangit , ab omnibus tractari debet . surely our clergy are much too high , if herein they would outgo the very canons of the papall synods , and conclude that which shall bind all , where all are not admitted to treat , neither by themselves nor by proxy . now the benefit of this law of nature and of reason ( as dr. feild calleth it ) we claim . the present canons do concerne us . i may be a church-warden , my sonne may be a master of art ; then must i present upon their yet unborn articles , and he must sweare their oath of covenant — well , they were never trusted by us unto a synod ; & therefore ought not to tie us up un-heard , it is against nature and reason . to second this argument by instance in proofe of practice , i shall produce a few , and but a few of many examples and authorities : the originals i cannot now command , but must be content to name a few extracts , which by way of transcript do walke along with my vade mecum . the point that i would establish is this , that in synods and councels where lay men are concerned in the decrees , there the laity may be present to consult , if not also to decide the conclusions . i will but point , i will not enlarge to the vouching every place verbatim ; dr. feild , dr. fulke , goulartius , are cleare and positive in this point . our statutes for correcting and gathering together the former canons into a new body , do clearely evidence this unto us ; in all which there is an equall proportion mixed , sixteen of the cleargy , and as many of the laity . the authour of the history of trent is frequent in this point , adding this for a reason , that in a generall councell , the universall church cannot be represented , if the laity be excluded . so by the rule a paribus , the reason holdeth the same , a nationall councell cannot represent a nation , if but one degree of men , men of one quality and capacity be only present , and the rest altogether excluded . gratian , the canonist , doth allow the laity to be present , especially in such councels as do treat of faith , and for proofe doth vouch pope nicholas . i will omit many proofs of many emperors being personally present and president in many councels , by themselves and sometimes by their vicegerents , as marcellinus , candidianus , martianus , &c. yet even this is argumentative for us , and a preservative of our right , for the laity to be present . the greek historians are so plentifull , that i will onely name them . theodoret. — l. . c. . eusebius de vita constantin . — l. . c. . & . sozomen . — l. . c. . & . niceph. callistus . — l. . c. . socrates . — l. . c. . & l. . c. . euagrius scholast. . — l. . c. . c. . among the latine fathers cyprian is very plentifull . as for councels , looke , nice . . vouched by eusebius de vita constantini — . conc. carthag . cited by gratian . — the councell of eliberis in spaine . councell of constantinople in theodoret. — councell of constance ; and the second of nice . — where it is said of the imperiall lady the famous pulcheria augusta , that ipsa per semetipsam in sancta quarta synodo sedit : which fourth synod was with martianus the emperour . to these i adde the very ordo celebrandi concilia written by isidor , and like unto the modus tenendi parliamentum . thus much for humane testimony . i have done with my hasty notes , only i adde this , and i beseech you to intend it . whilest we of the laity had our power and voices to choose our own ministers , and our own bishops , ( which was our ancient right , constantly allowed and practised in the best primitive times , whereof the proofs are yet evident enough ) so long ( i say ) we might trust them in a synod , whom we first had trusted to direct and guide our soules in all the ministeriall function . — but to conclude us up now , and shut us our contrary to the law of nature and reason , contrary to ancient usages : not to admit us to determination , nay to exclude us from consultation , and after all to take from us all assent both in choyce and in refusall of pastors to be set over us , and yet to bind us by decrees so made , may prove ( i feare ) no lesse then soule-tyranny . i do not presse the deserved right of our choyce of pastors : but one thing more , lend me patience to adde as a supreme coronis to all that i have said for right of laity in synods . looke i beseech you in the first synod that ever was held in the christian church , and that for so great and singular a cause , as never was occasion for the like in the world before or since : you have it in the first of the acts of the holy apostles , and it is for the choice of a new apostle . there were in this synod and of this synod , the eleven apostles , act. . . with the brethren of the lord , vers. . there were the disciples , there was turba {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} a multitude , of about a names , vers. . saint peter tels them that out of that number one must be ordained to be a witnesse of the resurrection of our saviour ; thereupon what doth the multitude of disciples there present ? {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} vers. . they place or set two before the apostles : and the same men viz. all the disciples vers. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} they give forth their lots , and thereupon , the lot falling upon matthias , he was numbred ( saith our translation ) with the eleven apostles ; but the originall is more , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} communibus calculis annumeratus est , he was by common assent or by common voyces reckoned with the eleven . now who were these common voyces ? who were these . men ? evangelists , bishops , deacons , and presbyters or elders , as yet there was not one in all the world , the apostles were but eleven , perhaps not numbred in this . the disciples if you will say , that they were there , yet they were but . so that here is no evasion : the laity were present , and not passive only , they were active in this originall , so weighty a synod . my second instance in this kind , is out of the second councell that ever we read was held , and this is acts . where the apostles call a councell for the choyce of seven deacons . then the twelve called the multitude of the disciples to them , vers . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . they being assembled do not say , we have decreed , we have ordered and ordained , and injoyned , but their language is vers . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , brethren looke ye out , the word is the same as {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , both from {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} to oversee , do you oversee among you , seven men of honest report . and the saying ( as it is verse . ) pleased {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the whole multitude , there is a consent of theirs ; more plain in {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} they the multitude chose seven , steven and philip , &c. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , whom they ( still the multitude {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) vers. . did set or place before the apostles . the third and the last shall be the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the great and generall councell held by the apostles upon the dissention of the church in point of circumcision ( and that is acts . ) there you shall again finde present , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , verse . all the multitude : but you will say and object that the next word is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the multitude kept silence . true , ergo what ? therefore they speak not at all in this councell ? nothing lesse . but ergo they had spoken before : for it is plain by the word , then , then all the multitude kept silence . if they had nothing there to do but to be alwaies silent , this particle of time , then , might well have been spared . this may perhaps be objected , and therefore ought to be prevented , for the further clearing whereof , observe ( i pray ) the next vers . . where in like manner , it is said of paul and barnabas {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . and after they held their peace , ergo they had spoken . and therefore the fryer who collected together a body of councels ( peter crabbe the german ) doth even from this place infer a consent of the people saying , tacuit omnis multitudo consentiens petro . but if you would have this more clearely evidenced beyond all exceptions , i pray take notice of the resolution of this synod , vers. . then pleased it the apostles and elders with the whole church . with the whole church , what is that ? the blessed apostles and their fellow-labourers did not engrosse , and ( as our church-men affect to do ) usurp and monopolize the word church , as proper only to church-men . — no you shall finde it even in the epigraphe of the canons and decrees of this true , holy , and facted synod , that the despised laity are in these canons conjoyned with the blessed apostles , although pope and patriarch , primate and metropolitan , archbishop and bishops , yea even down to dean and archdeacon , ( i have heard it ) do despise the thought of admitting the laity : i do not say to decision , but even to consultation , nay to the very choyce of consulters in religion : nay lower even so much as to have a negative power , when a man of inability , and of ill life is obtruded upon them ; i proceed , for i would not orare , but probare , looke vers . . they that were present had voyce , they who voyced the canons , joyned in the decree , and sending the decree unto antioch . the words are thus , the apostles , and elders , and brethren send greeting to the brethren which are in antioch , &c. here the brethren at hierusalem are ( with the apostles and the elders ) actors in , and authors of the canons in this councell agreed . there is no evasion , no elusion to be had , unlesse you can prove that all the brethren in antioch to whom these brethren in hierusalem did write , were only clergymen . which if you should affirm , our clergy will hardly be pleased with you , for they must then be of the multitude ( not a speciall lot ) for barnabas and paul did deliver this epistle ( being the decree of this synod ) to the multitude {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} as it is found in the verse . and when they had gathered the multitude together , they delivered the epistle . thus much in way of pursuit for this one argument , that no canons can bind the laity where we have no voyce of our own , nor choyce of the clergy persons who do found them , nor assent in the susception of them after they are framed . quod omnes tangit , ab omnibus tractari debet . m. speaker , it remaines as a wish , that every member of that meeting , who voted these exorbitant canons , should come severally to the bar of the parliament house , with a canon book in his hand , and there unlesse he can answer his catechisme ( as i called it ) & shew what is the name of their meeting , and ( unlesse he can manifest that the laity are no part of the church ) conceptis verbis in such expresse terms as that house should think fit , to abjure his own ill-begotten issue , or else be commanded to give fire to his own canons . section vi . upon my motion november . it pleased the grand committee for religion , to appoint a subcommittee , to receive complaints from oppressed ministers , which subcommittee was shortly after made a committee by order of the house . it pleased the gentlemen of this committee to put the honour and the burden of the chaire upon me : from hence severall reports have been delivered in , i shall only trouble the reader with the first of them . decemb. . mr. white , this grand committee for religion did authorize a sub-committee ( among other things ) to take into consideration , the unjust sufferings of good ministers oppressed by the cruell-used authority of hierarchicall rulers . in this ( and in other points ) we have entred upon many particulars , we have matured and perfected but one . if we had lesse worke , you should ( before this time ) have had more : but complaints crowd in so fast upon us , that the very plenty of them retards their issue . the present report which i am to make unto you is concerning m. wilkinson , a batchellor in divinity , and a man in whose character do concur , learning , piety , industry , modesty . two hardships have been put upon him : one at the time when he presented himselfe to receive orders : and that was thus . the bishop of oxfords chaplen ( m fulham ) being the examiner ( for bishops now do scorne to do bishops work : it belongs to himselfe ) he propoundeth foure questions to m. wilkinson , not taken out of the depth of divinity , but fitly chosen to discover how affections do stand to be novellized by the mutability of the present times . the questions were these . . whether hath the church authority in matters of faith ? . may the kings booke of sports , ( so some impious bishops have abused our pious king , to call their contrivance his majesties book ) may this be read in the church without offence ? . is bowing to or before the altar lawfull ? . is bowing at the name of jesus lawfull ? the doctrine of the first affirmed , will bring a dangerous influence upon our beliefe by subjecting our faith to humane resolutions . the other three are disciplinarian in the present way of novellisme . as soon as m. wilkinson heard these questions , lupum auribus , he had a wolfe by the eares . and because unto these captious interrogatories , he could not make a peremptory answer , m. fulham would not present your petitioner to the bishop for ordination . thus you see ( mr. white ) a new way of simony : imposition of hands is to be sold , if not for money , yet to make a side , a party , a faction . they will not confer orders , but upon such as will come in and make party with them in their new practices , as is evident by these questions . take this , in this kind , as a leading case , a first complaint , more are comming : and m. wilkinson shall have the poore common comfort solamen miseris socios habuisse . — i proceed to his second sufferance , which was by the vice-chancellor of oxford , for a sermon preached in his course at s. marys in oxford . short to make , he preached better , then they were willing to heare : the sermon fell into the eares of a captious auditour . for this sermon , he stands now suspended by the vice-chancellor from all the spirituall promotion that he had , which was only the reading of a divinity lecture in magdalen-hall . the committee required the vice-chancellor to send unto us the sermon with his exceptions in writing . they were brought , and being received , they are three in number : great , and weighty in the accusation : none at all in proof . nay ( m. white ) there is nothing presented unto us , wherein to finde a colour or a shadow , whereby to make the accusation semblable , and consequently the suspension just . ecquis innocens erit , si accusare suffecerit ? the particulars insisted upon , pickt and chosen out of that sermon by the vice-chancellor are three : every one a hainous charge , and the first sounding little lesse then treason . give me leave to read them , as mr. vicechancellor hath sent them in writing . . our religious soveraigne , and his pious government , is seditiously defamed , as if his majesty were little better then the old pagan persecutors or then queen mary . . the government of the church and vniversity is unjustly traduced . . men of learning and piety , conformable to the publicke government , are uncharitably slandered . the least of these being duly proved , will make him worthy of suspension : but if m. wilkinson be guilty of the first , he is not worthy to live . the truth is , the vice-chancellor hath learned audacter criminare : and fayling in proofe ; hath only fowled himselfe . your subcommittee , upon due consideration of the cause and circumstance , have hereupon unanimously voted , that m. wilkinson is free from all and every of these exceptions , made against his sermon by the vice-chancellor . we are all of opinion that there is nothing therein , that deserves notam censoris , nedum lituram judicis . if ( m. white ) there be in a sermon ( as there ought to be ) aliquid mordacis veritatis , shall the preacher be for this suspended ? his mouth shut up for preaching truth boldly ? it is contrary to their commission , for ( sir ) they have a great charter to speak freely : it is warranted unto them jure divino . saint paul doth own it , in his instruction of timothy . the words are , i charge thee before god , and the lord jesus christ , preach the word , be instant in season , out of season ; reprove , rebuke , exhort — for the time will come when they will not endure sound doctrine . here is our case exactly . here was reproofe ; here was exhortation : here was preaching out of season , to unwilling or to unprepared hearers : and yet in season , the theame was necessary and fitted to their want of zeale : but the only fault was , that the time is come when sound doctrine will not be endured . thus the committee found it : thus have i faithfully , but imperfectly , reported it , and do now subjoyn the opinion and request of your trustees , to this grand committee . mr. wilkinson is innocent and free from this accusation . he had just cause to petition . the vice-chancellor hath been without cause , nay against cause rigid and oppressive . the sermon deserved thanks . the preacher received injuries . his suspension to be taken of : the retracting and dissolving whereof ought to be as publike as was the inflicting thereof . one word more i ask leave to adde , and i hope i shall not therein erre from the sence of the committee , though indeed i received it not in command to be joyned to the report . this businesse ( m. white ) is spread into a wide and ample notice . two great primats have appeared in it , and that with different , perhaps contrariant sences , sences as distant as lambeth and armagh . the vice-chancellor saith , that the preacher was censured by the most reverend lord primate of ireland , who heard him , to be a bold or rash fellow for it . hereupon i attended that learned , pious , and painefull primate , and did read these words of the vice-chancellour unto him . his answer was , that he takes it as an aspersion upon him . he remembers the sermon , and commends it . this is an additionall to the report , and with this i leave m. vice-chancellor , and the bishops chaplen ( fulham ) to the wisdome and consideration of this grand committee . section vii . my next walk was in a hazardous way : and although it was not so lodged in my memory , as that in due season i could make use of it ( as i intended ) publikely in the house ; yet being since gone forth without my appointment into print , i do now own it for my sence , untill i be better instructed , as i was promised long since , by a cathedrall friend of mine , but do now despaire to see performed . the theam is , that secular jurisdiction ought not to be held by such as are of the clergy function . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , &c. they raigned to themselves ( saith the lord ) and not by me : they have beene princes , and i knew it not . the words of that short passage were these : our lord and saviour ( blessed for ever being indeed a king , pilate ( his judge ) seemeth to start , and be in feare at that great title : although our saviour had told him saying , a my kingdome is not of this world : pilate ( still in feare ) b sought to release him , but more in feare of caesar ( the king at that time of this world ) he adjudged the lord of life to death , yet honourably writeth his title , c this is jesus the king of the jewes . this title he then was crowned withall , when life and death divided his soule and body asunder ; that in a manner it may be said , he never was king indeed , untill he was out of this world . if he who was our a lord and master , had not this worlds royalty , whence commeth that the pope is crowned ? and his cardinals in purple ? whence have our bishops their lordships ? and as themselves call it b jura regalia , their royalty and rites of baronage ? it may prove a disquisition deep and dangerous , yet i desire ( without envy to their pomp or persons ) to wade so farre as may satisfie a mind that loves truth , and desires to be led by it : and this with all possible brevity . there hath been a happy and blessed reformation of our church , god send a better , and a more severe reformation of our church-men , or else our church is now in danger to be deformed again . the state of this inquiry may be this , viz. whether the ministers of christs kingdome may receive worldly titles , and execute worldly offices and powers ? or more generally thus : whether a clergy-man may semel & simul , be both a clergy-man and a lay-man , in power , office and authority over other men in both kinds ? goe we to the fountain head , c there was a strife among them ( the apostles ) which of them should be accounted the greatest ; which of the twelve soever began this emulation of power . certaine it is , that the two sonnes of zebedee , a james and john with their mother , first presumed to come and aske the highest places of honour ( next to the very throne ) in the kingdome of christ ; which kingdome was conceited by them shortly after to be raised in the splendour of this world : this is genuinely gathered from this very story , generally confessed , and clearly confirmed in the history of the acts , where the apostles do aske our saviour , even after his resurrection , saying , b lord wilt thou at this time restore again the kingdome to israel ? therefore to these two brethren and their mother , so much mistaken in the nature of his kingdome he maketh answer , c ye know not what you aske . he presently sheweth the entertainment of his kingdome , a cup to drinke of , that many were like to pray might passe from them ; but they answer they are able to drinke thereof . this their answer as it proved true in all the twelve apostles , so by the providence of god , one of these two brothers , d james was the first of the rest ( as some do gather ) who drank the cup of martyrdome , and as some think , john was the last of the apostles . equals look awry on the ambition of their fellows . these two were vaine in their high request , and the other ten murmured at their presumption , a they were moved with indignation , saith saint matthew . b they began to be much displeased , saith saint marke . but by this happy error of these two apostles , our saviour takes occasion to instruct them , and the other ten , and in them all other ministers belonging unto him , how far different the pastorall care of his church , is from the power which governeth in common-wealths . hereupon the sonne of god calleth unto him all the twelve apostles , saying , c ye know that the princes of the gentiles exercise dominion , &c. d yet know that they which are accounted to rule over the gentiles , exercise lordships , &c. e the kings of the gentiles exercise lordships , &c. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . but it shall not be so among you . this is a statute not to be repealed . this is spoken authoritative & definitivè , it is the determinate law of a just authority . a canon ordained and irrevocably fixed by the wisdome of god . confirmed by an example above all argument . f for the sonne of man came not to be ministred unto , but to minister . g i am among you as he that serveth . and before this he had taught them , that the h disciple is not above his master . i i have given you an example , that you shall do as i have done to you , verily , verily , the servant is not greater then the lord . this ministery being thus performed in humility , and without worldly titles , the ministers shall be then exalted . our blessed saviour in expresse words following , saith unto them , a i appoint unto you a kingdome ( but addeth ) as my father hath appointed me . now his owne kingdome is spirituall , or as himselfe said unto pilate , not of this world . let them then renounce temporall , and they shall have spirituall honour . but some of the clergy would ( it seems ) confound both kingdomes , being ambitious to inherit glory in the kingdome of grace . i feare that there are some bishops do not know how sublime a vertue christian humility is ; how full of honour . every {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} must be {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , b let the greatest be as the youngest , that is the way to be a right elder , he must be {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , c as he that serveth , that is the way to be ministred unto . he must be {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} d a servant , that he may be {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} a prime or chiefe . he must be {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} e a minister , that he may be {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} a great one . these antitheses our saviour hath placed in the text upon the former occasion . from hence , may well be argued as a corollary , to these undoubted premisses , that no minister of the gospell can lawfully assume , hold , or exercise that power which by the lord of the gospell is inhibited to his ministers . but our saviour jesus christ ( lord and onely head of his church ) hath inhibited all temporall lordship , magistracy and dominion unto his servants , in the lot of his clergy . therefore no minister of this gospell may hold or exercise temporall lordship or dominion . these words {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , &c. it shall not be so among you , doe so streighten the bishops miters , that they sit uneasie on their heads : to soften and as it were to line them for their ease ; the bishops that are and would be all the papall , and some of the protestant doe quilt a gentler sence into these words then can beare analogy with the text . they search the originall and pretend to finde another sence in our saviours sentence . the text saies that the lords of the gentiles are called gracious lords and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ( not tyrants but ) benefactors , a title fit for the best princes . and yet this text ( say they ) forbids not unto clergy men , the use and exercise of worldly titles , power , offices , dignities , cōmands , dominion lordships , &c. but the abuse of them : domineering & tyrannizing with them , not exercising and holding . this they pretend to make firme out of the greeke word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; which they would have taken in the worst sence of exorbitant power , even for tyrannizing . so then , they would teach us , that , lord it they may , and lord it they may not : lord it they may with all pompe , state , power ; lord it they may not , with pride , vanity , and oppression . but i shall easily prove this interpretation to be inconstant with the scope and analogy of the context . will they frame their argument from the verbe {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} to be a lord , or to rule ? or from the preposition {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , added and united thereunto ? neither will serve . and if the pompe of our prelates cannot avoyd the power of this text , they are downe for ever . let me therefore scan it to the full . first , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} to be a lord , or to have rule or lordship , is never properly taken in that ill sence which they would here create , as having unjust , and oppressive power . it is derived from the usuall and most frequent title of our lord and saviour , whom the holy scripture so often saluteth {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} lord . here is no shadow for tyranny . the true sence of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} is authoritatem habens one that hath authority : being derived from {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} authority which is known to be approved and ordained by god himselfe from whom all lawfull authority is derived . marke how well this word is sensed through all authours : demosthenes calleth the heads and chiefe of the city {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . a law in force and principall authority is called by aeschines {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . galen calleth the chiefe and principall members of a mans body {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} yet one member doth not tyrannize over another . aristotle hath a {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} propria virtus , ( that is ) a vertue properly or principally so called . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} is one that is lord or master of himselfe , not one that domineers over himselfe . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} b the lords day . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the lords supper . c saint paul saith that d the law hath dominion over a man so long as he liveth , he doth not meane that the law is a tyrant , yet the word is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} e christ both died , and rose , and revived , that he might e be lord both of the living and the dead : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . from {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} lord , commeth {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} lordship , foure times mentioned by the holy apostles , but never taxed as a power tending to tyranny , but to be obeyed in them who duly are therewith invested , as may be seen . ( eph. . . coloss. . . pet. . . and jude . ) clearely then in {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} there is no print of usurpation or of oppressive and tyrannicall power . if there be , we are then well warned to beware of our bishops , who not onely owne the title {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , but expressely plead for it , as the f bishop of exeter in his late episcopacy . secondly , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the very word ( used by saint matthew and saint marke , in these before alledged texts ) whereby our saviour forbiddeth his apostles , to exercise dominion or lordship is a compounded word of two , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . that is , to rule as one that hath authority . i may render it to be , or to behave ones selfe ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} juxta , secundum ) according as one that hath authority . this preposition in words compounded hath sometimes a signification of his owne , sometimes none at all , as in {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , &c. clearely it hath no speciall signification in this {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , much lesse a force so exegeticall as to draw the lawfull power of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} into the exorbitancy of a tyranny . that it hath no force here , is by this apparent , for that the speech of our saviour recorded by the holy ghost in s. matthew and s. marke by {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and by {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} are rendered by the same spirit in saint luke , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} so that plainely you must not pretend tyrannizing to be meant in the sence of one place , except you can finde it also in both , unlesse you will come to this , that he forbiddeth tyranny in one place , and worldly power in the other , which if you do , you grant the question . this is enough alone : yet for a further interpretation of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , looke in genesis . . where god giveth unto man in the time of mans innocency , the rule and dominion over all his creatures , even whilest they all were a very good . the name and word of power in that great charter granted is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . now the time of this power granted , the person to whom it is granted , the creatures all good on whom it was to be exercised , and above all the goodnesse of amighty god who granted it , do exclude all imagination of a tyrannicall power , and admit onely of a fatherly mastership over the new creatures of god . the same word is used againe ( psalm . . . ) and there applyed to our blessed saviour {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . rule thou in the middest of thine enemies . aquila hath {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} invalesce , prevaile over thine enemies . symmachus , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , do thou correct or instruct thine enemies . if then the frequent and constant sence of both {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , be onely to have power and authority , civill , temporall , and ordinary dominion , and that all such authority is forbidden them , how poore and weake is that evasion for our bishops , who would have this speech of our saviour taken in a forced sence different from all these other places ? and would forge a new meaning , as if our saviour did not here forbid {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} but onely {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , not a commanding lordlinesse , but a tyrannous use of it ; when as it is hereby evident , that christ having ordained the aristocracy of twelve , did therein and in his reprehension here take away those severall benches of honour , and that proud imparity of temporall power which our bishops doe swell withall . that the former speeches of our saviour , do destroy the lordlinesse of our prelates , let us confirme it with a farther consideration , which is thus . our saviour christ being a the wisdome of god , must be thought to fit and suit his answer to the question and request made unto him by the two apostles . but what bishop in defence of his usurped power , dares affirme that two such admirable a pillars , as james and john , should aske of such a master iniquam dominationem , a cruell dominion over their fellowes , as if the meaning of their request were thus . master , give us two leave to tyrannize over the other ten ! he had taught them before , b blessed are the meeke , and c learne of me , for i am meeke and lowly in heart : can it then be thought that the beloved disciple and his brother , shall aske of the master of all humility , a tyrannicall power to oppresse their partners ? no man hath such a heart of lead to thinke , yet there have not wanted foreheads of brasse to affirme so : certainly , in that kingdome of christ , by them as then supposed to be temporall , they desired the honour to shine in civill dignity , and eminency of power and authority , which ( no question ) they intended to have exercised with all brotherly moderation , yet are they ( and i wish our bishops also were ) answered with his reprehension , first d ye know not what ye aske , next with his absolute denyall and forbiddance , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , &c. it shall not be so among you . will the practice of saint paul , and the counsell of s. peter serve for comment to this text ? saint paul saith {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a we lord it not . s. peter himselfe an elder to other elders , exhorteth them to feed the flocke , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} overseeing it : and that not by constraint , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , b nor as being lords . therefore my resolution stands cleare upon this vote ; that it may be declared that true and right episcopacy is incompatible and inconstant with the authority of a secular jurisdiction . they who give in their names to be labourers in gods vineyard must not goe out of the doore , and thinke to returne at pleasure : their whole time they have vowed to the great master of the vineyard , and i finde no wages promised but to them who enter and continue there to the last houre . c no man putting his hand to the plough and looking backe , is fit for the kingdome of god . let therefore this inhibitory statute against bishops holding the secular jurisdiction of temporall lordships , stand ( as it must stand , irrepealeable {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . it shall not be so among you . thus by vouching a divine statute that bishops should not be lords , i do plainely involve my selfe in this conclusion , that bishops are and ought to be . such is , such ever was my sense , so far am i from the rooters . god forbid that we should destroy the function of episcopacy , but god grant we may ( with his majesties leave ) un-lord them from a domineering power : for to my sence , synesius doth very well deliver himselfe , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . to conjoyne the principality with the priesthood , is to close together things inconsistent . and againe , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . why doe you endeavour to joyne those things that are separated by god ? in this opinion i may receive as little thanks from the prelates , as i find full satisfaction in my own bosome . section viii . upon thursday may . i subjected my selfe to the obloquy i suffer . the bill for abolition of our present episcopacy was pressed into my hand by s. a. h. ( being then brought unto him by s. h. v. and o. c. ) he told me he was resolved that it should goe in , but was earnestly urgent that i would present it . the bill did hardly stay in my hand so long as to make a hasty perusall . whilst i was overviewing it , sir edward aiscough delivered in a petition out of lincolnshire , which was seconded by m. strode in such a sort as that i had a faire invitement to issue forth the bill then in my hand . hereupon i stood up and said this , which immediately after i reduced into writing . mr. speaker , the gentleman that spake last taking notice of the multitude of complaints and complaynants against the present government of the church , doth somewhat seeme to wonder that we have no more pursuit ready against the persons offending . sir , the time is present , and the work is ready , perhaps beyond his expectation . sir , i am now the instrument , to present unto you , a very short ( but a very sharpe ) bill : such as these times and their sad necessities have brought forth . it speakes a free language , and makes a bold request . it is a purging bill . i give it you , as i take physick , not for delight , but for a cure . a cure now , the last and onely cure , if ( as i hope ) all other remedies have first been tried . then — immedicabile vulnus , &c. but cuncta prius tentanda — i never was for ruine , so long as i could hold any hope of reforming . my hopes that way , are even almost withered . this bill is entituled : an act for the utter abolishing and taking away of all archbishops , bishops , their chancellors , and commissaries , deanes , deans and chapters , arch-deacons , prebendaries , chanters , and chanons , and all other their under-officers . sir , you see , their demerits have exposed them publici odii piaculares victimas . i am sorry they are so ill , i am more sorry that they will not be content to be bettered , which i did hope would have beene effected by our last bill . when this bill is perfected , i shall give a sad i unto it . and at the delivery in thereof , i doe now professe before hand , that if my former hopes of a full reformation may yet revive and prosper ; i will againe divide my sence upon this bill , and yeeld my shoulders to underprop the primitive , lawfull , and just episcopacy : yet so , as that i will never be wanting with my utmost paines and prayers to roote out all the undue adjuncts to it , and superstructures on it . i beseech you read the bill , and weigh well the worke . this is the neerest act that ever i have done for abolition : and if i suffer for this , it is 〈◊〉 altogether undeservedly : 〈◊〉 my profession here is to root out all undue adjuncts and superstructures , but to underprop the primitive episcopacy . and ( as before i said ) a little addition to this bill might have given us a good reformation : take away the present dioceses , but state forth the future , in the same bill . the heads of which forme shall anon be presented to you . section ix . the next passage of this nature was upon the same bill , whilest it stood ( as yet it stands ) in commitment to the whole house , mr. hide excellent well discharging that chaire . and this was the first which was distasted abroad . many have importuned me for copies , but i have yet issued none out of my hand , though it were spoken above seven moneths since . . jun. . m. hide , you have here a bill , but such a one as is likely to be short-liv'd and not to grow into a perfect act , unlesse you please to adde therunto some very important , very significant proviso's , such wherein we may have , or whereby we may be assured in another bill to have , a future government , in roome of this that goes out . i am confident the lords will otherwise debate and dispute your bil quite out of doors . sir , we are all bound unto the goodnesse of his sacred majesty ( god preserve him and his for it ) none of all our bils , none of our petitions ( this parliament ) have miscarried in his royall hand , but have beene all compleated with the royall assent . but the ambition of some of our prelates , will not let them see how incompatible two severall contradistinguished functions are in one & the same person : and therefore there is left you neither root nor branch of that so good , so necessary a bill , which lately we did send up ; and consequently no hope of such a reformation , as we all do aime at . what sparke of hope can we then have , that this bill , which strikes at root and branch , both of their seats of justice there , and of their episcopall chaires in the church will passe ( as it is , and without tender of some other government in lieu of this ) since the voyces are still the same , which outed your former bill . truly ( i professe ) my hopes are sad in this : never had one parliament so many great affaires , never had any parliament any affaire so great as this which we call the bill of episcopacy . certaine ( sir , ) it is the great hope , or the exceeding feare of every man here , and of all men abroad . many a time this parliament i have heard ( and not unjustly ) that the businesse then in hand was of as great consequence as any had been agitated within these walls . but in truth , ( sir , ) to my apprehension , neither star-chamber , nor high commission , nor shipmoney , nor straffords death , nor canterburies life , are ( with me ) equivalent , to the setling or unsetling of the whole nationall church of this kingdome . we cannot answer to god or man , if we doe not use our best and most vigorous endeavours for the peace of the church we live in . i should thinke this a happy day , if we could so temper this bill , that it might walke fairely on through the house of lords unto the king . to this end , ( and that we may not lose all , by asking more then all , ) i will be bold to offer to your consideration , a provisionall addition or two . such as ( i hope ) may both satisfie us and secure our bill , by fit amendments . here was a little interception , and then a long additionall to the bill presented in writing , for putting all church-government into the hands of commissioners in every diocesse . i proceeded . sir , there is now offered unto you , a large addition to your bill , longer ( indeed ) by far , then the bill it selfe . it seemes to desire , that a proportionall number of clergy and laity , may be commissionated together , for all ecclesiasticke jurisdiction , untill a future government be resolved on . i must confesse , i am not satisfied with this way of commissioners ; it would joy me much , and satisfie me more , if as one government goes out , i could see another come in , and that without an inter-regnum of commissioners . we are resolved that the present way of government is unsufferable , let it goe , but let us have another . this i conceive to be feisible , and that in fewer lines , fewer words , then this additionall increment now offered to your bill ; which in truth will make me like your bill worse then i did before . to this purpose , i doe lay this ground : a church government we must have . this is ( within these walls for ought i heare ) on all hands agreed upon : and then ( by unavoydable necessity ) this government must be distributed into parts , into certaine limits , circuits and divisions of places , wherein it is to be exercised . unto this being granted , i do subjoyn three propositions , and they are these : first , our present dioceses are ( for the most part ) much too large , too vast ; i desire therefore , that the circuit for future church government , may be reduced to the common boundaries and limits of our severall shires . the disproportion from thence objected shall be easily answered . . next , in every of these divisions , i desire that some choice , able , grave divines ( twelve or more in a shire ) may be by the parliament appointed , to be in the nature of an old primitive constant presbytery among us . thirdly , and lastly , because all meetings of many must be disorderly , and the rule of many cannot be without confusion , unlesse there be one to guid and to direct the rest . i shall desire that in every shire , over every presbytery , we may establish one president . a president ( i say ) more to satisfie others then my selfe . the name of bishop disturbs not me ; let him be a bishop , or an over-seer , or a president , or a moderator , or a super-intendent , or a ruling-elder ; call him what you will , so as you provide me one in every shire , over every presbytery , to guid and to direct the rest . the different sence ( to be easily observed ) and i hope not past our strength to be reconciled , in this house , concerning our present church-government is two-fold . one is for ruine thereof , the other for reforming : both are neerer together in heart ( i perswade my selfe ) then we are yet aware of . the neerer the better , and more easie composure both of our owne selves here , and of the churches peace throughout the land abroad . god send that we may find the way to peace . if the right forme of primitive episcopacy were truly stated forth unto us , it would ( questionlesse ) take and lead our judgements along therewith . this bishop was not so much a lord as a father over his charge , ruling with love and tender bowels : whosoever did institute this episcopacy , sure i am this bishop hath and ever had , a precedency before , and a presidency over others of his owne order . he was one man chosen out among the rest , and by the rest put into a severall degree ( not into a distinct superiour order ) above the rest : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ad episcopandum to oversee the rest : and this onely in matters spirituall , nothing at all in affaires temporall , or secular imployments . if this bishop were not of apostolicall institution yet it is undeniable that he was of apostolicall permission . for , of and in the apostolicall times all stories , all fathers , all ages have a greed , that such bishops there were . his rule indeed was with consent of his senate , his presbytery : direction was his , coercion was still their owne . he had {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , yea and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , both the first place of sitting , and the chiefest part of power : i say the chiefest part , i doe not say , the greatest part of power . the power , it was more eminent in him , but it was virtually residing and domesticant in the plurality of his assessors . these assessors were the presbyters , the elders of the church , of whom holy ignatius ( a father so primitive , that he was disciple to saint john the apostle , and by some thought to be that very child ( whilst he was a child ) whom our blessed saviour tooke and set before his disciples , whereof you read in three of the evangelists . this ignatius ( i say ) in his epistle to the trallians doth call these elders , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the counsellors and coassessors of the bishop . here was in this age ( and yet this father died a bishop and a martyr before the last apostle went to heaven ) here was a fellowship , yet such a fellowship as destroyed not presidency : and in another epistle ( that to the magnesians ) you have such a presidency as doth admit also of a fellowship . the words are , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . the bishop being president ( the very name and office there ) as in the place of god , and the presbyters as a senate of apostles . i forbeare to dilate upon this episcopacy . but i will be bold ponere ab oculos to set him before your eyes . i will give him you , even by way of demonstration . m. hide , your selfe are now in this great committee , m. speaker is in the house , the bishop of our congregation . you are in your selves but fellow-members of the same house with us , returned hither ( as we also are ) to sit on these benches with us : untill by our election and by common suffrage you are incathedrated : then you have ( and it is fit and necessary that you should have ) a precedency before us , and a presidency over us . notwithstanding this , you are not diversified into a severall distinct order from us ( you must not swell with that conceit ) you are still the same member of the same house you were , though raised to a painfull and a carefull degree among us , and above us . this bishop had ( as your selfe have here ) potestatem directivam , but not correctivam . correction in our house doth dwell in the generall vote . you know the power you have is limitted , and circumscribed by them who gave it ; you are no dictator to prescribe us our lawes ; but must gather our votes : and then your pronouncing doth fixe our ( not your own single ) orders . neither you here , ( nor mr. speaker in the house ) can degrade any one of us from these seates , nor can you silence us in the due libertie of our speech . truly ( sir ) as yet advised , i do heartily wish we had in every shire of england , a bishop such and so regulated for church-government within that spheare , as mr. speaker is bounded in and limitted , by the rules and cancels of this house . that were ( indeed ) a well tempered and a blessed reformation , whereby our times might be approximant , and conformant to the apostolicall and pure primitive church . but this ( i feare ) is magis optandum quàm sperandum : yet it being the cause of god , who can then despaire ? this happinesse ( i meane living under episcopall presidency , not under a domineering prelacy ) this is too high above our reach , yet strong prayers , and hearty endeavours may pull the blessing down upon us : in the mean time wo is our churches portion , for our bishop president is lost , and grown a stranger to us , and in his roome is crept in and stept up a lordly prelate made proud with pomp and ease , who neglecting the best part of his office in gods vineyard , instead of supporting the weake , and binding up the broken , forrageth the vines , and drives away other labourers . the vines indeed have both grapes and leaves , and religious acts both substance and circumstance , but the gardener is much too blame , who gives more charge to the workmen of the leaves then of the fruit . this rough enforcement ( of late ) to that which is not the better part : is an episcopacy that turnes all our melody into a threnody : this makes many poore , pious , christian soules to sing the songs of sion in a strange land . this bishop will have no assessors ( or if any , so formally admitted , and so awed , as good have none ) no senate , no consultation , no presbytery or common suffrage : but elates himselfe up into usurped titles , and incompatible power , and sublimes ti selfe by assuming a soleship both in orders and in censures . religion and reason , and primitive example are all loud against this episcopacy . this too elate subliming of one can not stand without a too meane demission ( i may say debasing ) of many other of the same order . nay this bishop not content with ecclesiastick pride alone , will swell also , with ambition and offices secular . truly ( sir ) you have done exceeding well to vote away this bishop ; for of this bishop ( and of this alone ) i must understand the vote you have passed , untill i be better instructed : for your vote is against the present episcopacy , and for the present : you can hardly finde any other episcopacy but this : an authority how ever by some of them better exercised , yet too solely entrusted to them all . away then with this lordly domineerer who plays the monarch ( perhaps the tyrant ) in a diocesse : of him it is of whom i read , episcopalis dignitas papalem fastum redolet . this kind of episcopacy it smels ranke of the papacy : nor shall you ever be able , utterly and absolutely to extirpate popery , unlesse you root out this soleship of episcopacy . to conclude in short and plaine english , i am for abolishing of our present episcopacy . both diocesses and diocesan as now they are . but i am withall ( at the same time ) for restauration of the pure primitive episcopall presidency . cut off the usurped adjuncts of our present episcopacy , reduce the ancient episcopacy , such as it was , in puris spiritualibus . both may be done with the same hand , and i thinke in a shorter bill then is offered now by way of addition . downe then with our prelaticall hierarchy , or hierarchicall prelacy ( such as now we have ) most of it consisting in temporall adjuncts onely ; the diana and the idoll of proud and lazy church-men . this doe , but eâ lege , on this condition , that with the same hand , in the same bill , we doe gently raise againe ( even from under the ruines of that babel ) such an episcopacy , such a presidency , as is venerable in its antiquity and purity , and most behoovefull for the peace of our christendome . this is the way of reforming : and thus by yeelding to the present storme , and throwing that over-board which is adventitious , borrowed , and undue ; peace may be brought home unto our church againe , the best of that building and the truth of ancient episcopacy may be preserved : otherwise we hazard all . this would be glorious for us and for our religion : and the glory thereof will be the greater , because it redounds unto the god of glory . my motion is , that those sheets last presented to you , may be laid by , and that we may proceed to reduce againe the old originall episcopacy . this being thus delivered , and upon report being mis-resented abroad , a stranger came to me the next day , and with much shew of love and sorrow , told me , that i had lost ( by this speech ) the prayers of thousands in the city . very many others have since beene with me to try my temper , but i have found in them all ( all that are absolutely anti-episcopall ) so much more of entreaty then of argument , that indeed they have proved themselves as bishops unto me , for i have received confirmation from them . section x. since the late recesse , some endeavours of mine have beene reported more distastive then before : insomuch as that , a lying generation gave it forth , some that i was expelled the house , others that i was in the tower , for what i had spoken . the first passage was next morning after our meeting , upon occasion then offered by way of complaint , for not obeying the late order of the of september . the complaint came from some parishioners of criplegate . and thus i did on the sudden then deliver my selfe , which presently i reduced into writing . octob. . m. speaker , it is very true ( as is instanced unto you ) that your late order and declaration of the and of september , are much debated and disputed abroad : perhaps it may be a good occasion for us to re-dispute them here . the intent of your order , to me , seemes doubtfull , and therfore i am bold , for my owne instruction , humbly to propound two quaeres . . how farre an order of this house is binding ? . whether this particular order be continuant or expired ? your orders ( i am out of doubt ) are powerfull , if they be grounded upon the lawes of the land . upon that warranty , we may by an order , enforce any thing that is undoubtedly so grounded : and by the same rule we may abrogate whatsoever is introduced contrary to the undoubted foundation of our lawes . but sir , this order is of another nature , another temper : especially in one part of it . of which ( in particular ) at some other time . sir , there want not some abroad , men of birth , quality , and fortunes ; such as know the strength of our votes here as well as some of us ( i speake my owne infirmities ) men of the best worth , and of good affyance in us , and no way obnoxious to us : they know they sent us hither as their trustees , to make and unmake lawes . they know they did not send us hither to rule and governe them by arbitrary , revocable and disputable orders : especially in religion : no time is fit for that : and this time as unfit as any . i desire to be instructed herein . m. speaker , in the second place , there is a question whether this order ( whereupon your present complaint is grounded ) be permanent and binding , or else expired , and by our selves deserted . i observe , that your order being made . september , in hope then of concurrence therein by the lords ; that fayling , you did issue forth your last resolution by way of declaration . september , wherein thus you expresse your selfe . — that it may well be hoped , when both houses shall meet againe , that the good propositions and preparations in the house of commons , for preventing the like grievances , and reforming the disorders and abuses in matter of religion , may be brought to perfection : wherefore you doe expect that the commons of this realme doe in the meane time — ( what ? obey and performe your order made the day before ? no such thing : but in the meane time ) — quietly attend the reformation intended . these are your words , and this my doubt upon them : whether by these words you have not superseded your owne order . sure i am , the words doe beare this sence , and good men may thinke and hope it was your meaning . my humble motion therfore is this : i beseech you to declare , that upon this our re-convention , your order of the eighth of september is out of date : and that the cōmons of england must ( as you say ) quietly attend the reformation intended , which certainly is intended to be perfected up into acts of parliament . and in the meane time that they must patiently endure the present lawes , untill you can make new , or mend the old . section xi . the promise made ( in my last ) hath not beene performed in the house , nor is now like to be . the reason is , there is now no probability that we shall debate the validity of our order of the eighth of september . a day indeed ( saterday the sixth of november ) was by order fixed for that theame , but other affaires diverted it . to discharge my promise aforesaid , i was then ready with freedome to have unbosomed my selfe , as in this following discourse : but that order being expired and not revived , though moved for ; i aske pardon if i do interpose here that which was prepared for that day . excuse me reader if i be willing fully to expose my selfe to the utmost : the truth of my heart desires some friendly helpe to set me right , if i be in any error . i am sorry that i am prevented of publishing this in the house . master speaker . me thinks i am now going to walke upon the ridge of a house , a dangerous praecipice on either hand . on the one side i must take heed that i speak neither more nor lesse then the inward dictate of my owne conscience : on the other hand i shall be afraid to presume above your better judgements . my path is narrow : i must looke to my footing : dixi custodiam vias meas , &c. i said i will looke to my wayes that i offend not in my tongue . thus i preface , because i foreknow that i shall speak to the dislike of some worthy members of this honourable house . sir : two questions are before us : first in generall , how farre an order of this house is binding deforis , not upon our owne members here , but upon the people , the kings subject abroad . secondly , the validity and invalidity of your particular order of the eighth , and declaration of the ninth of september last . for the first i am clear in this opinion , that we may enforce any thing that is undoubtedly grounded upon the law of the land : shew me that foundation , and i will concurre with you in any resolution . we may also declare against any thing that is introduced contrary to our lawes . farther then this i know no way , unlesse it be by bill : and then i know no limitation , no bound . thus in briefe for the generall , i come now to your particular order . master speaker , i shall be afraid to arraigne your orders : i have already beene controlled , ( not for doing so , but as if i had done so ) yet ( sir ) i have often heard it in this house , that we are masters of our owne orders : and then ( i thinke ) we may in this place arraigne them , that is , question them , try them , approve , alter , reject , or condemne them . was not our protestation more sacred then an order ? yet that was revised , and ( to stop some objections ) new senced by us . and i take it lawfull in this place to arraigne ( if that be the word ) even an act of parliament , and then ( a fortiori ) an order of this house . surely ( sir ) i shall speake reverently of all your orders when i am abroad : i have done so of this . i am resolved that my obedience shall therein be found good , although my particular reason be rebellant to your conclusions . this is my duty abroad : but here in this house , within these walles , freedome is my inheritance , and give me leave ( i pray ) at this time to use a part of my birth-right . the seasonablenesse , and the equity of your order , both are controverted . you all know this is a dangerous time to make any determinations in matter of religion : whether it be in the doctrinall , or in the practicall part of gods worship . men are ( now a dayes ) many of them more wise , and some of them more wilfull then in former times . the use and caution is this : let us take care that what we do , we do with due and full authority , i would have nothing new ( in this kinde ) but by authority of the three estates : and even then let us be wary that we suit the times with applications proper and seasonable . hear me with patience , and refute me with reason . your command is , that all corporall bowing at the name iesus — be henceforth forborne . i have often wished that we might decline these dogmaticall resolutions in divinity : i say it againe and againe , that we are not idonei & competentes judices in doctrinall determinations : the theame we are now upon is a sad point , i pray consider severely on it . you know there is a no other name under heaven given among men whereby we must be saved . you know that this is b a name above every name . c oleum effusum nomen ejus , it is the carroll of his own spouse . this name is by a father stiled mel in ore , melos in aure , jubilum in corde . this , it is the sweetest and the fullest of comfort of all the names and attributes of god , god my saviour . if christ were not our jesus , heaven were then our envy , which is now our blessed hope . and must i sir , hereafter doe no exterior reverence , none at all , to god my saviour , at the mention of his saving name jesus ? why sir , not to do it , to omit it , and to leave it undone , it is questionable ; it is controvertible : it is at least a moote point in divinity . but to deny it , to forbid it to be done : take heed ( sir ) god will never owne you , if you forbid his honour . truly ( sir ) it horrors me to thinke of this . for my part , i do humbly aske pardon of this house , and thereupon i take leave and liberty to give you my resolute resolution . i may , i must , i will doe bodily reverence unto my saviour , and that upon occasion taken at the mention of his saving name jesvs . and if i should doe it also as oft as the name of god , or jehovah , or christ is named in our solemne devotions , i doe not know any argument in divinity to controll me . m. speaker , i shall never be frighted from this , with that fond , shallow argument : oh you make an idoll of a name . i beseech you sir , paint me a voyce , make a sound visible if you can : when you have taught mine eares to see , and mine eyes to heare , i may then perhaps understand this subtile argument . in the mean time reduce this dainty species of new idolatry , under its proper head , ( the second commandement ) if you can . and if i find it there , i will fly from it ultra sauromatas any whither with you . the words are there , thou shalt not make to thy selfe any graven image , or any likenesse of any thing ( ullius rei ) that is in heaven — or in earth — can you here find the name of god in this description of idolizing ? surely sir , my saviour is neither {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} nor {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} of any thing there forbidden , nor {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} neither sculptile , nor simulachrum , nor idolum . all these are here , and none but these , and every of these doth signify spectrum aliquod some visible object . and must do so , for to speake properly , an idoll invisible , is but imaginary non sence . when you can bring the object of one sence , to fall under the notion and dishinguishment of another sence ; so that the eye may as well see a name , or sound , as the eare can heare it : then a name may be the object of idolatry : till then this argument will be too sublime for my understanding . god was neither in the strong and mighty wind , nor in the earthquake : yet these hardly ( if possibly ) can be figured , but a still small voyce , this certainly is beyond the curious art of man to expresse , and consequently free from all possible perill of idolatry . and therefore thus in deuteronomy god doth character himselfe . yee heard the voice of the words , but saw no similitude , onely ye heard a voyce . as if he should say , i know you prone unto idolatry : but now commit idolatry to a voyce , to a sound , to a name if you can . i am grieved to see that wretched , unlearned , and ungodly pamphlet ascribed to master burton , with that daring impious title jesu-worship confuted : where by way of a scornfull sarcasme , he is not afraid ( as with a nick-name ) to call christians jesu-worshippers . i returne ( m. speaker ) this ( as i said ) is a sad point in divinity , to forbid exterior worship unto god . was it ever heard before , that any men of any religion , in any age , did ever cut short and abridge any worship , upon any occasion to their god ? take heed sir , and let us all take heed whither we are going . if christ be jesus , if jesus be god , all reverence ( exterior as well as interior ) is too little for him . i hope we are not going up the back-staires to socinianisme . in a word , certainly sir , i shall never obey your order , so long as i have a hand to lift up to heaven , so long as i have an eye to lift up to heaven . for these are corporall bowings , and my saviour shall have them at his name jesus . yet sir , before i end , give me leave ( i beseech you ) to take off that , which , by mistake may else sticke still upon me . i never liked the bishoply injuctions in the late novell practices , nor the severe inquisition upon the bare omission of this posture . the bishops did rigorously exact it : upon their owne heads the crime of that enforcement lies . but ( i beseech you ) let not us be guilty in the other extream . truly to my sence it will savour lesse of piety , and more of tyranny . in the last place , consider ( i pray ) that it is a point dogmaticall , not yet fully resolved by divines ; let us then be wary in it . and let this ( with many other points ) be referred to a national synod . for one we must have , or else we shall breake our religion into a thousand pieces . for this present , my motion is ( as formerly ) that this order be superseded , by declaring to the commons ( as your words in the order are ) that they doe quietly attend the reformation intended , and that in the meane time they doe ( as they ought ) obey the lawes that are . section xii . on friday the octob. some debate there was upon a new short bill for taking away the bishops votes in parliament . it was languaged that they ought not to intromit themselves into secular jurisdictions ; which i received willingly . for if it be found inexpedient , certainely they ought not : if it be made unlawfull de futuro , they ought not : if it be inconsistent with their function , still they ought not ; as was then argued by a worthy member of the house . but when it was presently urged by a gentleman my neighbour there , that unto the words ought not , should be subjoyned , and that it is inconsistent with their function , which was pressed and urged by a generall voucher of scripture , fathers , and councels : yet i know that gentleman will not in matter of opinion , scarce in an historicall point , allow me proofe of what i can prove out of the two latter . occasionally then , i thus expressed my selfe . m. speaker , however i am resolved in my private opinion of the inexpediency and unlawfulnesse for clergy men to hold secular jurisdiction ( duo gladii non sunt in unum conflandi & conferruminandi ) yet sir , my inward resolution doth not presently make me a judge in a dogmaticall point , nor doe i know that this place doth enable me with that capacity : if it be my private opinion , yet i desire not to bind the judgement of the land herein by an act of parliament , although determining to my own sence . certainely sir , this point of inconsistency will lead this house ( much more that of the lords , where the bishops are ) into a debate which may more safely and more prudently be avoyded . i have formerly , and againe i pray you , that we may not engage our selves into the determination of doctrinall points in divinity , perhaps it is not proper for us ; and for my part , i doe think we are not herein idonei & compet●ntes judices . was it ever heard or seen , that a set of lay-men , gentlemen , souldiers , lawyers , merchants ; all professions admitted , but the profession of professions for this worke , divines alone excluded , that we should determine upon doctrinall points in divinity ? theology is not so low , so facile a trade . let us maintaine the doctrines that are established ; to declare new , is not fit for our assembly . and for my part , i do think i have found daily cause to wish these resolutions recommended unto other resolvers . m. speaker , divines are herein ( in dogmatick resolutions of religion ) concerned as much , as well as we : they are a considerable party , and ought not to be bound up un-heard . it was a prevailing argument with me against the late canons , that they could not bind us of the laity , being a distinct severall body , no way involved in their votes . our plea was that we neither had a decisive voyce to determine with them ; not a deliberative voyce to consult with them : nor an elective voyce , in choyce of their persons , to make them our trustees to determine for us . nor lastly , ( as at least we should have ) a susceptive voyce , in a body of our own to receive their resolutions , and of our selves to submit unto them . these things are of a nature fit to be discussed by grave divines , in a free synod of divines , to be chosen by divines . in the mean time , let not us be guilty of the same which we have condemned in them : we ought not to pay injury with wrong . they cannot be bound where they are no way parties : for it is a rule in nature , reason , and religion , quod omnes tangit , ab omnibus tractari debet . i am so good a friend to your bill , that for the better expediting thereof , i desire the word inconsistant may not stand therein . section xiii . havind before professed that we are incompetent resolvers of doubtfull points in doctrine ; and finding how much of our pretious time , every motion , petition , and occasionall passage in religion did take up , i thought it not inconvenient , next day to renew my motion for a synod . saturday october . mr. speaker . you have entred an order , that nothing be treated of but affaires of generall concernement : i will present you one as generall , as universall as any can be . the sad miseries of our distracted church , and consequently the hazard of gods true religion with us , doth even cut my very heart with griefe and feare . if we let forth the government into a loose liberty for all religions , we shall have none . libertinisme will beget atheisme . and truly ( sir ) at present betweene papisme on the one hand , and brownisme on the other , narrow is the way , and few there be do finde it , to right good protestantisme . many mournfull sad complaints i have of late received from ministers the ablest , and every way the worthiest that i know . i could willingly name you two , one at dover , the other at cranebroke in kent : men upon whose merit , let my credit stand or fall in this house . he that hath preached least of these , hath preached severall thousands of excellent sermons to his people . these are in no better condition then many other deserving men , who doe generally complaine with griefe of hearts , to see their now infected sheepe , after long pastorall vigilancy , and faithfull ministery , to runne and straggle from them more in these last ten moneths , then in twenty yeares before . give us ( i beseech you , give us ) a remedy , a speedy remedy to this growing evill : or else our schollers are like to turne papist , arminian , or socinian : and all the ignorant party will either turne atheist , or else ( which is the next degree ) make to themselves a religion of their own , as themselves best please . sir : we may sit here ( for ought i see ) and debate our selves , and the world abroad into more and more distances of opinion : we are not likely to worke our selves ( much lesse others ) into unity . what is then to be thought on ? ( sir ) the usuall , ancient , the best , and ( i think ) the only way of cure is by a councell . a free , learned , grave , religious synod . there is in some hand of this house ( and long hath beene ) a bill for a nationall synod ready drawne . with it we are curable ; without it , i look for no peace . my humble motion is this in a word . if you love the peace of our ierusalem ; command forth that bill to be forthwith read : or if that bill be not to be had , appoint a committee to draw up another . this is my motion , and it is founded in a hope of piety and peace . section xiv . upon occasion of a remonstrance novemb . wherein divers passages then were , concerning religion and the church-government , and some in particular ( as i conceived ) very aspersive to our religion in the solemne practice of it by our publick liturgy : charging it ( in hypothesi ) with vaine repetition , and with savour of superstition : i did humbly move , that some of that committee who framed up that remonstrance for us , would please to assigne what those vaine repetitions are in our liturgy , and what passages of superstition . nothing was at all said ( as i remember ) to that point of superstition . but at length a gentleman did adventure , to name that which he seemed to think to be vaine repetition . he said that the lords prayer is eight , nine or tenne times repeated . i did ( with leave of the house ) reply that such repetition toties quoties , how oft soever was ( if heart and words did go together ) farre from vaine . that ( in my book ) the lords prayer was but twice in the whole morning service , unlesse the additionals of baptisme , churching , communion , buriall , &c. did occurre . that then in every severall act of divine service it was once , and but once repeated , as the high compleature of all devout expressions : that this repetition in it selfe was warrantable , as by our saviours example , who ( although he had not the spirit by measure ) yet in the garden he prayed three times using the same words . the further debate of this was ofted to the next day , and then it did grow toward a question , whether all exceptions against the liturgy should be totally laid by , or further debated . i did not hold our selves the proper determinators of this point . i did thinke that from hence occasion might againe be taken inductive to renew my motion for a free nationall synod ; which i desired to enforce the best i could : especially there being now obtained a generall promise of a synod in this very part of that declaration or remonstrance . hereupon thus i adventured . a coppy whereof being stolne from me issued lately forth , both unknown to me and misprinted also : which hath beene entertained abroad both with applause and exception . saturday . novemb. . m. speaker , the question is whether these clauses , concerning some pretended erroneous passages in our liturgy shall be laid by or not . i am of opinion to decline them here : but not to bury them in a perpetuall silence . in this very period you give us ( in generall tearmes ) a promise of a nationall synod : i doe still wish the presency thereof : it being ( to my understanding ) the onely proper cure and remedy for all our church-distractions : and may be proved ( if proofe be needfull ) to have been practised in the booke of god . this promised synod is too farre off : let me have better assurance then a promise , which that i may obtaine , i will be bold to give you some reasons to induce that assembly , and to speed it also . m. speaker , much hath been said , and something attempted to be done to regulate the exteriour part of our religion : but sir , we bleed inwardly . much endeavour hath been to amend the deformed forms we were in , and to new govern the government . yet sir , this is but the leaves of good religion , fit ( i confesse ) notwithstanding , to be taken care of , for beauty and for ornament . nay some leaves are fit and necessary to be preserved for shadow and for shelter to the blossomes and the fruit . the fruit of all is good life : which you must never expect to see , unlesse the blossomes be pure and good , that is , unlesse your doctrines be sound and true . sir , sir , i speake it with full griefe of heart , whilst we are thus long proyning and composing of the leaves , or rather whilst some would pluck all leaves away , our blossomes are blasted . and whilst we sit here in cure of government and ceremonials , we are poysoned in our doctrinals . and at whose doore will the guilt and sin of all this lie ? qui non vetat peccare , cùm potest , jubet . it is true , that this mischiefe growes not by our consent : and yet i know not by what unhappy fate , there is at present , such an all-daring liberty , such a leud licentiousnesse , for all mens venting their severall sences ( sencelesse sences ) in matter of religion , as never was in any age , in any nation , untill this parliament was met together . sir , it belongs to us , to take heed that our countenance ( the countenance of this honourable house ) be not prostituted to sinister ends by bold offenders . if it be in our power to give a remedy , a timely and a seasonable remedy to these great and growing evils , and that we ( being also put in mind ) shall neglect to do it , we then doe pluck then sins upon our own heads , alienum qui fert scelus , facit suum . shall i be bold to give you a very few instances ? one for a hundred , wherewith our pulpits , and our presses do groan ? m. speaker , there is a certaine , new-born , un-seen , ignorant , dangerous , desperate way of independency ; are we sir , for this independent way ? nay ( sir ) are we for the elder brother of it , the presbyteriall form ? i have not yet heard any one gentleman within these walls stand up and assert his thoughts here for either of these waies : and yet ( sir ) we are made the patrons , and protectors of these so different , so repugnant innovations : witnesse the severall dedications to us . nay both these waies , together with the episcopall , come all rushing in upon us , every one pretending a fore-head of divinity . . episcopacy says it is by divine right ; and certainly sir , it comes much neerer to its claym then any other . . presbytery , that says it is by divine right . . nay , this illegitimate thing : this new-born independency , that dares to say it is by divine right also . thus the church of england ( not long since the glory of the reformed religion ) is miserably torne and distracted . you can hardly now say , which is the church of england . whither shall we turn for cure ? another instance . if i would deale with a papist , to reduce him ; he answers ( i have been answered so already ) to what religion would you perswade me ? what is the religion you professe ? your nine and thirty articles they are contested against : your publique solemne liturgy that is detested : and which is more then both these , the three essentiall , proper , and onely markes of a true church , they are protested against : what religion would you perswade me to ? where may i find , and know , and see , and read the religion you professe ? i beseech you ( sir ) helpe me an answer to the papist . nay sir , the papist herein hath assistance even among ourselves , & doth get the tongue of some men whose hearts are farre from him . for at one of your committées , i heard it publiquely asserted , by one of that committée , that some of our articles , do containe some things contrary to holy scripture . m. speaker , sunday is a sabbath : sunday is no sabbath : both true , both untrue , in severall acceptation , and the knot ( i think ) too hard for our teeth . shall i give you an easier instance ? some say it is lawfull to kneele at receiving the elements of our holy communion : others plead it as expedient : some do presse it as necessary : and there want not others who abhorre it as idolatrous . and sir , i am confident you cannot so state this easie question to passe among us , but that there will be many contradicentes . the second epistle of s. peter is now newly denied to be the apostles . our creed , the holy apostles creed , is now disputed , denyed , inverted and exploded , by some who would be thought the best christian among us . i started with wonder , and with anger to heare a bold mechanike tell me that my creed is not my creed . he wondred at my wonder and said , i hope , your worship is too wise to beleeve that which you call your creed . o deus bone in quae tempora reservasti nos ! thus {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . one absurdity leads in a thousand , and when you are down the hill of errour , there is no bottom , but in hell , and that is bottomlesse too . shall i be bold to give you one ( and but one ) instance more ? much clamor now there is against our publike liturgy , though hallowed with the blood of some of the first composers thereof . and surely sir , some parts of it may be very well corrected . but the clamors now go very high . impudence or ignorance is now grown so frontlesse , that it is loudly expected by many that you should utterly abrogate all formes of publique worship ; a and at least if you have a short form , yet not to impose the use of it . extirpation of episcopacy , that hope is already swallowed , and now the same men are as greedy for abolition of the liturgy : that so the church of england in her publique prayers , b may hereafter turne a babler at all adventure . a brainlesse , stupid , and an ignorant conceit of some . m. speaker , the wisdome of this house will ( i am confident ) never sinke so low : never fall into such a deliquium of judgment and of piety . when you do , i shall humbly submit my selfe : — unto the stake and fagot ( i mean ) for certainly ( sir ) i shall then be a parliament heretick . thus much , for a taste of that , whereof there is too much abroad , for the divisions of ruben , there are great thoughts of heart abroad . ( sir ) thus are we engaged into sad points of divinity , and with the favour of that gentleman , who did last time disgust it , i must againe propound my doubtfull quaere , to be resolved by the wisdome of this house : whether we be idonei & competentes judices in doctrinall resolutions ? in my opinion we are not . let us maintaine the doctrine established in the church of england , it will be neither safety nor wisdome , for us to determine new . ( sir ) i do againe repeat and avow my former words : and do confidently affirme , that it was never seene , nor knowne in any age , in any nation throughout the whole world , that a set of laymen , gentlemen , souldiers , lawyers of both gownes , physitians , merchants , citizens , all professions admitted , or at least admittable , but the professors of religion alone excluded , that we should determine upon doctrines in divinity . shall the clergy hold different doctrines from us ? or shall our determinations binde them also ? they are a considerable body in this kingdome ; they are ( herein surely ) concerned as much as we : and ought not to be bound up unheard , and unpartied . farther ( sir ) if clergy men , among us be thought fit for no other then for spirituall imployment ; how shall we answer it to god and to a good conscience , if we shut them out from that which we our selves pretend to bee their only and their proper work ? mr. speaker , we cannot brag of an unerring spirit : infallibility is no more tyed to your chaire , then it is unto the popes . and if i may speake truth , as i love truth with clearnesse , and with plainnesse , i do here ingenuously professe unto you , that i shall not acquiesse , and sit downe upon the doctrinall resolutions of this house : unlesse it be where my own genius doth leade and prompt me to the same conclusions . mr. speaker , we are here convened by his majesties writ to treat super arduis negotiis regni & ecclesiae , i beseech you let us not turn negotia ecclesiae into dogmata fidei . there is a great difference in objecto betweene the agends and the credends of a christian . let us so take care to settle the government , that we do not unsettle the doctrines . the short close of all with a motion is but this : we are poisoned in many points of doctrine : and i know no antidote , no recipe for cure but one : a well chosen and well temper'd nationall synod , and gods blessing thereon : this may cure us : without this ( in my poor opinion ) england is like to turne it selfe into a great amsterdam . and unlesse this councell be very speedy , the disease will be above the cure . therefore , that we may have a full fruition of what is here but promised : i doe humbly move that you will command forth the bill for a nationall synod , to be read the next morning . i saw the bill above five moneths since in the hand of a worthy member of this house . if that bill be not to be had , then my humble motion is ( as formerly ) that you would name a committee to draw up another . this being once resolved , i would then desire that all motions of religion , ( this about the liturgy especially ) may be transferred thither , and you will finde it to be the way of peace and unity among us here . i might have added in due place above , a mention of ( ) frequent schismaticall conventicles . ( ) that taylers , shoomakers , braziers , feltmakers , do climbe our publick pulpits . ( ) that several odde irregular fasts have been held , for partiall venting of private flatteries of some ; slanders of other members of this house . ( ) that the distinction of clergy and laity is popish and antichristian , and ought no longer to remaine . ( ) that the lords prayer was not taught us to be used . ( ) that no nationall church can be a true church of god . ( ) that the visible church of antichrist did make the king head of the church . ( ) that supreme power in church affaires , is in every severall congregation . ( ) that a presbytery without a bishop was in the world before it was at geneva . ( ) that it is a heynous sinne to be present when prayers are read out of a booke . ( ) that to communicate in presence of a prophane person , is to partake of his prophanenesse . ( ) that christs kingdome hath beene a candle under a bushell , whilest antichrist hath out-raigned him for yeares together . many , many more instances at little leisure i can gather , which together have begotten a generall increase of open libertinisme , secret atheisme , bold arminianisme , desperate socinianisme , stupid anabaptisme , and with these the new chiliastes , and the wilfulnesse of papists strangely and strongly confirmed by these distractions . good god! looke downe and direct our consultations . the best issue whereof ( i think ) would be to debate the whole debate of relgion out of our doores : by putting it into a free synod , whereupon i doubt not but we should grow unanimous in all our other works . section xv . the remonstrance or great declaration went out of the house much better then it came in . when it was engrossed and presented to the last vote with us , i gave in my exceptions thus . novemb. . mr. speaker , this remonstrance is now in progresse upon its last foot in this house : i must give a vote unto it , one way or other : my conscience bids me not to dare to be affirmative : so sings the bird in my breast , and i do cheerfully believe the tune to be good . this remonstrance whensoever it passeth , will make such an impression and leave such a character behinde , both of his majesty , the people , the parliament , and of this present church and state , as no time shall ever eat it out , whilest histories are written , and men have eyes to read them . — how curious then ought we to be , both in the matter and the forme ? herein is a severe point of conscience to be tryed : let us be sure that every particular substance be a truth : and let us cloathe that truth with a free language , yet a modest and a sober language . mr. speaker , this remonstrance is in some kinde greater and more extensive then an act of parliament : that reacheth only to england and wales ; but in this the three kingdomes will be your immediate supervisors : and the greatest part of christendome will quickly borrow the glasse to see our deformities therin . they will scanne this worke at leisure , which ( i hope ) we shall not shut up in haste . some pieces here are of excellent use and worth : but what is that to me , if i may not have them , without other parts that are both doubtfull and dangerous . the matter , forme , and finall end of this remonstrance , all of them doe argue with me , not to remonstrate thus . the end : to what end doe we decline thus to them that looke not for it ? wherefore is this descension from a parliament to a people ? they looke not up for this so extraordinary courtesie ? the better sort think best of us : and why are we told that the people are expectant for a declaration ? i did never looke for it of my predecessors in this place , nor shall do from my successors . i do here professe that i do not know any one soul in all that country ( for which i have the honour to serve ) who lookes for this at your hands . they do humbly and heartily thanke you for many good lawes and statutes already enacted , and pray for more . that is the language best understood of them , and most welcome to them . they do not expect to heare any other stories of what you have done , much lesse promises of what you will do . mr. speaker . when i first heard of a remonstrance , i presently imagined that like faithfull counsellors , we should hold up a glasse unto his majesty : i thought to represent unto the king the wicked counsels of pernicious counsellors : the restlesse turbulency of practicall papists . the treachery of false judges : the bold innovations and some superstition brought in by some pragmaticall bb : and the rotten part of the clergy . i did not dream that we should remonstrate downeward , tell stories to the people , and talke of the king as of a third person . the use and end of such remonstrance i understand not : at least , i hope , i do not . mr. speaker , in the forme of this remonstrance , if it were presented to you from a full committee , yet i am bold to make this quaere , whether that committee have presented to us any heads in this remonstrance which were not first agitated here , and recommended to them from this house : if they have , there wanteth then ( for so much ) the formall power that should actuate and enlive the worke so brought unto us : as may be well observed by perusing the order ( now above a twelvemoneth old ) for constituting that committee . in the matter of this remonstrance i except against severall particulars , but upon the transient reading of it , ( not having any view therof ) i will gather up two instances only , very obvious , very easie to be observed . first , ( as was also observed by a learned noble lord who spake last ) here is a charge of a high crime against all the bb. in the land , and that above all proof that yet i have heard . your words are . idolatry introduced by command of the bb. what ? plain , flat , formall idolatry ? name the species of this idolatry , that is introduced by the bb. that is ( for indefinite propositions are aequipollent to universall ) by all the bb. and by a command of theirs . certainly sir , idolatry ( in the practice of it ) is a very visible sin ; and the command of the bishops was either legible or audible . who hath read this command ? who hath heard this command ? who hath seen this all-commanded idolatry ? and can assigne wherein it is ? some superstition in doctrines , and in practices , by some bishops ; this is not the question : but the odious apostacy of idolatry . give me leave to say . no man in this house can charge and prove all the bishops , no nor halfe of them , i dare say , not any three among them : perhaps ( and truly i think so ) not one among them all , to have issued forth any one command for idolatry . if any man can , let him speak and convince me , i love to be reformed . in the mean time i desire to offer you some particulars in bar , and by way of opposall to this charge . the learned , pious , and painfull b. of durham hath fought in front against roman superstition and idolatry . the b. of lincolne was the first of note , that gave check unto our papall misleaders and altarian innovators . he stood in gap of that inundation , and was a sufferer for us . the b. of exeter ( however mistaken in the divinity of episcopacy ) hath ever had the repute both of a good man , and a good bishop . he hath not only held and maintained his station , but advanced also , and made good impression upon the idolaters of rome . m. speaker , this hath been a very accusative age : yet have i not heard any superstition ( much lesse idolatry ) charged ( much lesse proved ) upon the severall bishops of london , winchester , chester , carlile , chichester . parcite paucorum crimen diffundere in omnes . not for love unto the persons of these bishops , but for honour to our religion , although the times of late have been somewhat darkened ; yet , let not us make the day blacker in report then it is in truth . in the last place i observe a promise in generall words , that learning shall be rather advanced then discouraged : sed quid verba audio , cum facta videam ? great rewards do beget great endeavours : and certainly ( sir ) when the great bason and ewer are taken out of the lottery , you shall have few adventurers for small plate and spoons onely . if any man could cut the moon out all into little stars : although we might still have the same moon or as much in small pieces ; yet we shall want both light and influence . to hold out the golden ball of honour and of profit , is both policy and honesty ; and will be operative upon the best natures , and the most pious minds . but ( m. speaker ) if i observe aright , learning ( i mean religious learning ) in this remonstrance is for one halfe thereof utterly unthought on . and because i heare often speech of one halfe , but seldome mention of the other , give me leave ( i beseech you ) in this theam a little to enlarge my selfe : if your remonstrance once passe , it will be too late ( i feare ) to enter this plea . it is i dare say , the unanimous wish , the concurrent sence , of this whole house , to go such a-way , as may best settle and secure an able , learned , and fully sufficient ministery among us . this ability , this sufficiency must be of two severall sorts . it is one thing to be able to preach and to fill the pulpit well ; it is another ability to confute the perverse adversaries of truth , and to stand in that breach . the first of these , gives you the wholsome food of sound doctrine ; the other maintaines it for you , and defends it from such harpys as would devoure or else pollute it . both of these are supremely necessary for us , and for our religion . both are of divine institution . the holy apostle requireth both . both {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . first to preach , that he be able with sound doctrine to exhort : and then , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and to convince the gainsayers . for ( saith he ) there are many deceivers whose mouthes must be stopt . now sir , to my purpose : these double abilities , these severall sufficiencies , may perhaps sometime meet together in one and the same man . but seldome , very seldom , so seldome that you scarce can find a very few among thousands rightly qualified in both . nor is this so much the infelicity of our , or any times , as it is generally the incapacity of man , who can not easily raise himselfe up to double excellencies . knowledge in religion doth extend it self into so large , so vast a sphere , that many ( for hast ) do cut crosse the diameter , and find weight enough in halfe their worke : very few do or can travell the whole circle round . some one in an age ( perhaps ) may be found , who as sir francis darke about the terrestriall globe , may have travelled the celestiall orbe of theologicall learning , both for controversall , and for instructive divinity . the incomparable primate of ireland deserves first to be named . bishop morton ( whom i mentioned before ) is another reverend worthy , and hath highly deserved of our church in both capacities . jewel ( of pious memory ) another bishop never to be forgotten . some few others i could name , able and active both for pulpet and the pen . but sir , these be raraeaves , there are very few of them . the reason is evident . for whilst one man doth chiefly intend the pulpit exercises , he is thereby disabled for polemick discourses : and whilst another indulgeth to himselfe the faculty of his pen , he thereby renders himselfe the weaker for the pulpit . some men ayming at eminency in both have proved but mean proficients in either . for it is a rule and a sure one , pluribus intentus minor est ad singula — now sir , such a way , such a temper of church-government and of church-revenue , i must wish , as may best secure unto us both : both for preaching to us at home , and for convincing such as are abroad . let me be alway sure of some champions in our israel , such as may be ready and able to fight the lords battell against the philistims of rome , the socinians of the north , the arminians and semi-pelagians of the west : and generally against hereticks and atheists every where . god encrease the number of his labourers within his vineyard : such as may plentifully and powerfully preach fayth and good life among us . but never let us want some of these watchmen also about our israel , such as may from the everlasting hills ( so the scriptures are called ) watch for us , and descry the common enemy , which way soever he shall approach . let us maintain both pen and pulpit . let no ammonite perswade the gileadite , to foole out his right eye , unlesse we be willing to make a league with destruction ; and to wink at ruine whilst it comes upon us . learning ( sir ) it is invaluable : the losse of learning , it is not in one age recoverable . you may have observed , that there hath been a continuall spring , a perpetuall growth of learning ever since it pleased god , first to light luthers candle : i might have said wicklifes , and justly so i do : for even from that time unto this day , and night and houre , this light hath increased : and all this while our better cause hath gained by this light : which doth convince our miso-musists , and doth evict that learning and religion , by their mutuall support , are like hippocrates twins , they laugh and mourn together . but sir , notwithstanding all this so long encrease 〈◊〉 learning , there is a terra incognita , a great land of learning not yet discovered : our adversaries are daily trading , and we must not sit down and give over , but must encourage and maintain , and encrease the number of our painfull adventurers for the golden fleece : and except the fleece be of gold , you shall have no adventurers . sir , we all do look that our cause should be defended : if the fee be poore , the plea will be but faint . our cause is good , our defence is just : let us take care that it be strong ; which for my part , i do clearly and ingenuously professe , i cannot expect should be performed by the parish minister , no not so well as hitherto it hath been . for from whom the more you do now expect of the pulpit , the lesse ( i am sure ) you must look for of the pen . how shall he with one hundred pound , ( perhaps two hundred pound ) per annum , with a family , and with constant preaching , be able , either in purse for charge , or in leisure for time , or in art for skill , to this so chargeable , so different , so difficult a work ? i speak it ( m. speaker ) and pardon my want of modesty if i say , i speak it not unknowingly : six hundred pound is but a mean expence in books , and will advance but a moderate library . paines and learning must have a reward of ho●●● and profit proportionall : and so long as our adversaries will contend , we must maintain the charge , or else lay down the cause . in conclusion , i do beseech you all with the fervor of an earnest heart ; a heart almost divided between hopes and feares : never to suffer diversion or diminution of the rents we have for learning and religion : but beside the pulpit , let us be sure to maintain {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} an universall militia of theology , whereby we may be alway ready and able ( even by strength of our own , within our own happy island at home ) {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} to stop the mouth of all errors and heresies that can arise . never sir , never let it be said that sacred learning ( for such is that i plead for ) shall in one essentiall halfe thereof , be quite unprovided for in england . sir , i have reason to be earnest in this , i see , i know great designes drawing another way : and my feares are increased , not cured by this declaration . thus i have done : and because i shall want champions for true religion . because i neither look for cure of our complaints from the common people , nor do desire to be cured by them . because this house ( as under favour i conceive ) hath not recommended all the heads of this remonstrance to the committee which brought it in : because it is not true that the bishops have commanded idolatry . because i do not know any necessary good end & use of this declaration , but do feare a bad one . and because we passe his majesty and do remonstrate to the people . i do here discharge my vote with a cleare conscience and must say no to this strange remonstrance . section xvi . thus far i go cleare the same man unchanged : and that i may fully expose my selfe unto a right character , and a true esteem , beside the laying open how i have already expressed my selfe in matter of religion , i shall now be bold to give you a composure fitted and framed for the house , on the same subject , and ready to have been presented above halfe a yeere since . the bill for root and branch ( commonly called the bishops bill ) having long been agitated , and in the commitment grown from two sheets to above forty ; i did think it would at least have been brought to question for the engrossing : this that follows was ready to have been interposed upon that question . the bill is since laid down ( i hope ) to its perpetuall rest . this was prepared as an endeavour to lay that asleepe : and because it doth most fully represent my utmost end and aime for reformation , i am willing to subjoyne it here unto the rest . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . mr. speaker . this bill is now in question for its further progresse : i must give a vote unto it one way or other . the inward dictate of my conscience will not suffer me to be affirmative . we may now debate this bill super totam materiam , and i will then ( with your leave and patience ) give you some account why i am so fixed negative . this i shall doe as briefly as this cause can beare . you had from my hand a very short bill , — non hos quaesitum munus in usus . i am willing ( with many more ) to abrogate that which is : provided that i may at that very time , in the same bill know and constitute what shall be ; such an addition to this bill i did at first expect : such an addition i shall anon be bold to present , but it will not now suit this bil , as it is now mistemper'd to that purpose . this bill when it was but a short one , it did containe a great summe , an act for the utter abolishing of all arch-bishops , bishops , deanes , deanes and chapters , archdeacons , prebendaries , chaunters , chanons , and all other their under-officers . these may be legion for ought i know , they are so many , and many of them instruments and officers of vexation only . pope gregory the first gave a true prediction when he said , that antichrist should come cum exercitu sacerdotum , with an army of priests ; it hath proved so . true on the other side , where the numberlesse numbers of monks , fryers , and secular priests , with his janizary jesuits , doe match the greatest army that ever the grand signior hath led . true in proportion with us , if the under-officers among us do reach neere the thousands they have been ( of late ) computed at . but letting passe the army of all their under officers , the substance and body of our present worke is reducible to two heads . episcopall governement . cathedrall societies . all the rest are unto these , but phaleratae nugae , their idle trappings and additionall impertinencies . in the discussion and resolution of all this ( i am confident ) if we be but candid , temperate , and respectfull hearers of one another : we shall finde that ( all this while ) we are farther of , in words , in language and expressions , then we are in matter , in truth , and in purposes . in the first place therefore , lest we should beat the aire in a mistaken sence of words , i will be bold in a word or two , to give you the different sense of the word episcopacy . sir , it will be maintained upon good ground that episcopacy is of divine right : it will be maintained upon grounds as good , that episcopacy is not of divine right . the ambiguity lyes in the word episcopacy , and it must be put into a certainty , or else we shall runne our selves into a certaine labyrinth of words , & lose the matter . three sorts of episcopacy i have observed , & no more : pardon me if i use expressions which you have received before : they were his , they are mine , and beza taught us both : who gives them thus , episcopatus divinus . episcopatus humanus . episcopatus satanicus . others in milder language do keepe the same sence : so you may please to say there is , episcopus pastor . episcopus praeses . episcopus princeps . the first of these we all do reverence : it is the ordinance of god . you may safely write a noli me tangere upon that : you have the holy text to warrant you . noli tangere christos meos . the second also ( in its degree ) i doe highly honour , it is of right venerable antiquity : and for my part , if i can find such episcopacy among us , i shall willingly submit thereto , though it should prove but the ordinance of man . kings are no more themselves . yet being once invested , obedience is due unto them by divine right . you have another text for this also . submit your selves to every ordinance of man for the lords sake . so then the first is the ordinance of god , to be obeyed for god : the second , although the ordinance of man , yet ( whilest it stands so ordained ) is to be obeyed for god also . the third episcopacy hath too much of the principality . this i detest , this i abhorre . this is originally and really antichristian . away with this if you please , both root and branch . if you will give me leave and patience , i will ( as briefly as i can ) touch them over and explain my selfe . first episcopus pastor . this i say is of divine right . every spirituall shepherd is to have a flock : and every congregation must have a pastor to oversee that flock . this is originall , and of no lesse then divine institution . i need not prove this bishop . if there be any doubt of this episcopacy , look s. paul in the twentieth of the acts , there he gives this charge . take heed ( saith he ) to the flock over which the holy ghost hath made you bishops . i know well that this text is by some expositors construed of other bishops . but how ever here are bishops by divine right . and ( mark you ! ) the holy ghost ( god for ever to be blessed ) he first made bishops . the originall is plain {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ▪ s. peter speakes by the same spirit . feed the flock of god ( saith he ) which is among you : taking the bishoprick thereof . our english reading is the oversight thereof , both the same . overseers and bishops differ no more then a greeke name and an english : severall sounds , but the same sense . the originall is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} being bishops thereof , nothing can be more plaine . now ( sir ) this episcopacy , we shall not , we must not , we dare not remove . this is that bishop of whom the most ancient ignatius , thus , episcopo subjecti estote , velut domino , ipse enim vigilat pro animabus vestris . away then with their impertinent objection , who say , that there is a malady in the very name of bishop : that the name is odious : you see the holy ghost hath honoured this name and title , with approbation . nay this name and title must never sinke into obloquy , it being one of the attributes of our blessed saviour . he is the bishop of our soules . the second is episcopus praeses . if this be but humanus episcopatus ( for i doe not determine the point already warme betweene a reverend and worthy bishop and his anti-pent-agonists ) if it be not founded upon divine institution , yet certainly it stands on good grounds , and pleads its own right by a good title , and that either jure apostolico , or jure ecclestastico : or jure civili & constitutivo : or jure rationis & convenientiae . all or any of these do entitle it jure bono . and that by so good , so approved a right , that mr. speaker ) i am bold to stand up , and to forbid any man from this houre for yeares upward , to name any one age , nay any one yeare , wherein this episcopacy was out of date in the best part of christendome . by the word bishop i do here understand , a man of the clergy eminent in honour and power , by vertue of a superiour degree , above other men both ministers and people within a certaine circuit or territory allotted and subjected to his particular care and survey in matters spirituall and affaires ecclesiasticall . i will not trouble you to repeat the character of this bishop : i have formerly been bold with you in that kind . he had a precedency . he had a presidency : he had a power , potestatem directivam , it cannot be denied . i gave you an instance , very accommodate to my sence : ( master speaker ) your selfe are our bishop , we are your presbyters . it is true , that we have made you our bishop , our overseer , our president : and now it is as true , that neither we without you , nor you without us , can establish any one order . not you without us , we must be your assistants . so ignatius of old , the presbyters are ( saith he ) {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as the senate of god , and the band of apostles . nor we without you , for so the same ignatius ( give me leave to presse his venerable authority , although ignorance and arrogance have of late decryed both him and all antiquity . ) they ( saith he ) who doe all things {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} without a bishop , to such men christ will say — why doe you call me lord , lord , and doe not the workes i bid you ? such men doe seeme to me {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} not to be of good conscience , but to be counterfeiters and dissemblers . mark his judgement on such as would do all things without a bishop . of this bishop , the bishop president ( and i plead for no other ) it must be meant , which i read in the same ignatius ( i will not trouble you with any yonger , or any weaker authority , and i will hold my selfe within those epistles that are indubiously his ) the words are these , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} — {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . it is necessary ( necessary he says ) that you do nothing without the bishop . clearely then , the bishop president in the best and purest age , was of the quorum in all ecclesiasticall affaires . and for this last age , reverend calvin , beza , bucer , zanchy , danaeus , learned chamier , all admit , none reject this kind of episcopacy . they who deny that ever any such bishops were in the best , the purest times , i intreat some one of them ( if any such be here ) to stand up , and to shew me , teach me , how i may prove , that ever there was an alexander of macedon , or a julius caesar , or a william the conqueror in the world . for sir , to me as playn , as evident it is , that bishops president , have been the constant , permanent and perpetuall governors , and moderators of the church of god in all ages . and this being matter of fact , i do hope that historicall proofe will be sufficient adequate proofe in that which in its fact is matter of history . but proofes herein are so manifold and so cleare , that i borrow the free and true assertion of a worthy and a learned gentleman : it may be thought want of will rather then want of light , which makes men deny the antiquity of bishops in the primitive times . therefore answer not me , but answer ignatius , answer clemens , tertullian and irenaeus . nay , answer the whole indisputed concurrence of the asian , the europaean , and the african churches , all ages , all places , all persons : answer ( i say ) all these or ( do as i do ) yeild to the sufficient evidence of a truth . deque fide certâ , sit tibi certa fides . but do not think to bring me into a dream of a new born , or new to be born church-government , never known , never seen in christendome before this age . as for them , who say that all episcopacy is antichristian : truly sir , they may ( if they please ) with as sound reason , and with as much knowledge say that all church-government is antichristian , and i doubt there are some abroad ripe for such a sence . sir , let us be wiser than to cosen our selves with words , and through a mistaken logomachy run our selves into a church anarchy . if you talke with a papist , in point of religion , presently he is up with the word catholike ; catholike he tels you he is , of the catholike roman church . this go's off ore rotundo : but require him to speak playn english — the vniversall roman church , and then you may laugh him into silence . just so : some cry , away with bishops , no bishops : no , not of any kind . i desire one of that sence to stand up , and tell me sadly , would you have an overseer in the church or not ? ancient s. clement ( whom s. paul calleth his fellow-workman ) in his undoubted epistle to the corinthians , doth foretell that a time should come , when there would be {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} contention about the very name of bishop . i think the time is now . for my part , i will not make that my contention : but for the government by an episcopall presidency , shew me any thing more agreeable to the holy word : shew me any thing more honoured by the holy martyrs of the first and the latter times : shew me any more rationall and prudentiall way of government , and i yeild unto you . some against all episcopacy do plead unto us , the fresh example , and late practice of our neighbour churches . but i beseech you sir , are not we herein as fit to give them our , as to take their example ? i am ashamed to heare yesterdays example pressed as an argument by some , and the all-seeing providence through all ages to the contrary turned aside , by the same men , as not worth an answer . or if an answer you get , it is but this dead one , wherein ( as in a mare mortuum ) they would drown all reply . oh ( say they ) the mystery of iniquity began to work in the apostles time . ergo , what ? therefore ( say they ) this episcopacy is that mystery of iniquity : and so they do desperately conclude with themselves , that christ did never support his church with a good government till farell and frumentius did drive their bishop out of geneva : or since then , untill presbytery begat independency . but their syllogisme is as true logick and as consequentiall , as our kentish proverb , that tenterden steeple is the cause of goodwin sands . both arguments are in one and the same mood and figure . but i return and proceed . i have not asserted this kind of episcopacy as divine , yet i professe that it soares aloft , — et caput inter nubila condit . it hath been strongly received , that presbyters succeed to the seventy disciples , and bishops to the apostles . s. peter honours episcopacy , by entitling the holy apostles thereunto , for matthias is chosen to take a bishoprick ( the very word there ) which judas lost by going to his owne place . s. paul tels you , this is a faythfull saying , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , if any man desire a bishopricke , he desireth a good worke . and this s. paul , writes not at large in an epistle to the body of a whole church , as to rome or corinth , but this is in directed unto timothy , then designed to be the particular bishop , that is the president and overseer of ephesus . two things are ( or may be ) here objected . first , that neither of these texts , nor any other can be found , expresly mandatory , requiring the office of episcopacy in the church . next that the name of bishop is in some places plainly given unto presbyters . i answer . if you put me upon this , that you will not yeild unto episcopacy ▪ untill you have a text expresly positive therein , consider if by the same rule you do not let loose many other points as well as this . shew me an expresse for the lords day to be weekly celebrated . it will be hard to find divers articles of our creed in the holy scripture terminis terminantibus . what have you there for paedo-baptisme ? what precept or example have you frō our saviour , that women shal receive the sacrament of the lords supper ? why should women be baptised , since the covenant ( to wch baptisme doth succeed ) circumcision , was a seale between god and men onely ? what have you there expresse , why i may not beleeve the trinity to be three almighties , as well as three persons , & but one almighty ? but sir , the golden rule of vincentius lirinensis , is an unfailing guide . quod ubique , quod semper , quod ab omnibus , look what among christians , hath been every where at all times , by all men universally received , atque id quidem verè est catholicum , and there you may rest secured . so ( i say ) that for right sence of these texts , and for warrant of this episcopacy , the universall practice of the whole church of god , especially in the apostles times , and immediately succeeding the apostles , is a most undeniable cōmentary to cleare unto us , that this kind of episcopacy is and was of apostolicall allowance , if not of apostolicall institution . and thus in other points doth tertullian argue against marcion , and s. augustine against the donatists . the second exception is thus . these bishops may well be thought to be but presbyters , for ( say they ) the name of bishop is given to presbyters also in holy writ . ergo , episcopacy is not a severall degree from presbytery . surely sir , if this argument be a sound one , then apostleship it selfe , was not a severall order and degree from the . disciples , and from presbyters , and then it had been a vaine thing to take matthias from a disciple into the lot and fellowship of an apostolate . s. peter doth not degrade himselfe of his apostleship , when he entitleth himself {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} a fellow presbyter . that very office which is called a bishopricke , is within . or . verses following , called the ministery of an apostleship . and if you will argue from community of names to identity of office ( so is done in the titles of bishop and presbyter ) surely then we shall find , many more apostles then they who saw the lord in the flesh . so barnabas is called an apostle . so andronicus and junius are among the apostles . s. paul cals epaphroditus , the apostle of the philippians , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . so speaking to titus and others , they are stiled {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the apostles of the churches . shal i conclude that all these who are thus called apostles , were indeed , and in proper acceptation very apostles ? no man will say so . by the same argument , ( from community of name to identity of office , which argument by antiprelatical men , is much enforced ) i may prove an apostle and a deacon to be the same office . s. paul calleth his apostleship but a deaconry , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and againe , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , i was made a deacon . i conclude , that if apostles be called deacons , and deacons be called apostles , and yet the offices are , and are reputed to be distinct and severall : so may the same men be called sometime bishops , sometime elders or presbyters , and yet the two different degrees remain different and unconfounded . take heed of enforcing such argument , to prove a parity in degree by the community of appellation , since you may read of our blessed saviour himselfe , that he is a a deacon , an b evangelist , an c apostle , a d bishop . but forbearing this , i proceed . m. speaker , i come now in briefe to my third episcopacy , episcopus princeps . this , this third age , is the burden of our song , — de duro est ultima ferro . gold was the first : the second was bright and glistering , a silver age at least . but this , this where we now are , it is iron , i and rusty too . this is that clergy monarch whom we would avoyd . this ambition of a sole power , it is a very old sin , it began in diotrephes , of whō the apostle complaines that he was {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , primatum dilexit , he loved to be a primate , the first , the sole in authority . he ( diotrephes alone ) did cast the brethren out of the church : and therefore the apostle doth threaten that when he comes , he will bring the deeds of diotrephes to remembrance . this dangerous soleship is a fault in our church indeed ; and this i take to be pestilentia cathedrae , the very pest and poyson of episcopacy ; this is that which must away , and this being gone , i shall not feare their tyranny . if it were not for this , they could neither oppresse good ministers , nor preferre dull droanes , scandalous persons , nor pragmaticall innovators . if they had not been so sole in power , our many severall chaires for religion had not groned with such number & weight of complaints . but by this , they have bin able to do mischiefe above beliefe . et ipse miror , vixque jam facto malo potuisse fieri credo . — the exemplar piety , the ardent love , and sweet humility of holy bishops in the first foure centuries , did worke so farre upon the credulous hopes of both clergie and laity , that presuming to find in the same chaire a succession of the same goodnesse , they became guilty of a desperate submission to a sole power of one man , before they knew what changes , and what consequences they should feele . ignatius the great bishop of antioch , doth discriminate his own episcopacy , from an apostleship , even by this , that he had not a soleship of power and authority as they , and therefore hee sayes , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , i do not command you as an apostle . this bishop keepes a dangerous distance betweene his own pharisaicall worship , and the plebeian clergy , who yet are , all in order as good , & many of them in merit better then his lordship . to draw this to a point : the first episcopacy we all are vow'd unto . the second , none will dissent from , but a lover of novellisme : the third , none can submit unto , but such as are content to be passive in a tyranny . away then with that , and with that alone , and then away with their needlesse question who say : shew us another government , before you take this away . away with that interregnum of lay-commissioners , the high roade way , or the next degree to anarchy . renovation is not innovation , to reforme is not to bring in a new forme , but to purge the present forme , by reducing it unto the old . quaerite antiquas semitas , & state super eas . state ▪ stay there : we may keepe our places , though we change our postures . away with our present episcopacy , but give us the ancient presidency . both may be done at once . mr. speaker , this way of commissioners , wherein five lay men shall have the controll of all that is or was of clergy cognisance and function : mirabile dictu , i want words . — i much fear that this may prove , a dangerous new way , to let in other new wayes hereafter . in the meane time what view , what shew , what face of a church shall poor england have ? england of late the glory and the pride of christendome reformed ! my heart akes to think , that when christendome was ready to come over unto us , we are now ready to run away from our selves : and to see that we labour so much for ruine & eradication , that we are like to lose ( by a not seasonable laying hold thereon ) the most glorious hopes of a full and blessed reformation that ever lay before a parliament . the issue will be , if we will have ruine , we shall have ruine . if at present we have that active ruine so much pursued , we shall shortly have a passive ruine undesired . let us not be fond of this ill sounding proverbe : take away both root and branch : it is threatned as a curse , i never read it any whereas the language of a blessing . but ( sir ) vsquequo ? how long shall we be in this wildernesse of anarchy ? no time , no bound set , no period fixed to our confusion of governement ? how dare we thus discompose , disfigure , and deforme the beauty of our church ? will your commissionated church be comely as the tents of kedar , and as the curtaines of solomon ? where is that acies ordinata , the church that was prophesied to be terrible as an army with banners ? in the prophet zachary the lord doth threaten it as a curse , to breake both his staves : both that of beauty ( which is interpreted the beautifull order of government ) and that of bands ( which is construed brotherly unity : ) and surely i thinke order and unity , if one be broken , neither is firme . let this then happen to other nations , to our enemies , but wth us let the hands of unity , & the beauty of order be our double support : otherwise we shall have cause to bemoan our selves in the words of the same prophet , howle ye firre trees , for the cedar is fallen : because all the mighty are destroyed — for the defenced forrest is cut downe . there is the voice of howling of shepheards , for their glory is destroyed . for my part , i do here freely and heartily professe , that i am none of those men , that yea after my saviour came to plant his church , wil consent to give a new rule , a new invented government to his church never known untill this age . i dare not thinke ( who can thinke it salva pietate ? ) that the sonne of god , the wisdome of the father , came downe from heaven , to plant a church , to erect a kingdome , and that he did erect this kingdome , that he did plant this church , many hundred yeares since , and this with the deare price of his precious blood but either never would or never could 〈…〉 government , till we were 〈…〉 of such assertions that 〈…〉 consequences 〈…〉 impiety , and may leade on a new path to atheisme . believe it ( sir ) believe this : the wisdome of the wisdome of god , cannot be guilty ( i speake with zeale and reverence ) of such an improvidence , to erect his kingdome then , and to give it his rule but now . joyne with me ( i beseech you sir ) in this faith , that our blessed saviour on whose shoulder the government did rest , did not immediately , and for so many ages after forsake his church , and abandon it to antichristianisme , with whom at first he promised to be alway unto the end of the world . in a word ( sir ) we are all quick sented , we are all on fire to heare of an arbitrary rule in the civill state : i beseech you , let us all be equally or more zealous for the lord of hosts : let us not be guilty of bringing in an arbitrary rule into his house . take heed ( sir ) let us all take heed of such a dangerous parity , as some would bring in among us : & the rather because they presume to set the stampe of divine authority upon that counterfeit mettal . parity of degrees in church-government hath no foundation in holy scripture , & is as absonous to reason , as parity in a state or family . indeed it is a fancy , a dream , a meer non entity , it neither hath nor ever had a being . if it be any thing , it is absolute anarchisme , and that is nothing , for privation of government is not a government . but on the contrary imparity is from divine authority : our saviour did plant it , & then i am sure it is a plant that should grow and continue . by the way i presse you not wth instances of gods church under the law , thogh that , & this under the gospel were both planted by the same all-knowing wisdome . from the equity of which law there , & from the imparity of governors therein , a most solid and unfailing argument may be deduced for the lawfulnesse of an imparity also under the gospell . for that which is good in it selfe , is ever so . and without all peradventure , if church imparity did ( in its own being ) lye crosse unto the will of god , or to the law of his church , god never would , never could have commanded it . but that our saviour also so in the evangelicall church did plant imparity is most cleare . first , he chose his a . apostles . afterward he appointed b . disciples : yet no man can affirm that these were all of the same order , dignity , and degree . if they had been so , what needed so curious c supplement when once the number was reduced to eleven ? after our saviours ascension , the holy apostles did ordaine another imparity , and that was of d deacons . e s. paul biddeth some {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} to watch and observe ; he commendeth others if they desire f {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} to oversee . so are there g {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} labourers in the word , and you know who was {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} h a wise master-builder , which is more then others were , though all be called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} i fellow-workmen , fellow-labourers in the spirituall building . farther sir , as you read k {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} souldiers , and l {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} fellow-souldiers : so you may read also that there were {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} m leaders and governors , such as had oversight and must be obeyed . the elder or presbyter is frequent in the apostolicall epistles , and there are in power and honour above these ( not as our novellists do fondly construe under these ) n {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the ruling presbyters . one of which number s. paul doth call o {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the ruler . as in p ignatius there are {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the leaders or rulers of churches . is there no imparity in all this ? then the rulers and the ruled are the same in logick . but for my part , i am cleare and confident in this that imparity in power among persons officed in the church , is both lawfull and expedient , and ought to be preserved , if order , decency , necessity , universall practice , apostolicall example , and divine authority can altogether make but one concludent argument . m. speaker , i do humbly and earnestly entreat , & beg of every member of this house , seriously and sadly to examine his own soule ( never more cause then in this present vote ) what end and what ultimate ayme he hath in this dreadfull bill . what is the government his heart doth wish for ? three ways of church-government i have heard of , and no more ; the episcopall , the presbyteriall , and that new born bastard independency : non datur quartum . the last of these is nothing but a confounding ataxy , rent upon rent , and a schisme of schismes , untill all church community be torn into atomes , every three men , ( a nay every three women ) dissociating themselves into an {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a wilworship of their own devising , which fondly & madly they would call a church . where and in what corner of the world hath this aery independency been asleep untill these daies ? quo consule ? under what kings raigne was it born ? where may i heare that it hath a being ? where may i read ( below the world in the moone ) that ever it had a being ? i will be bold to brand it with the name of a new-minted seminary for all self-pride , heresie , schisme , sedition , and for all libertinisme , except an outward seeming saintship . a pestilence to all government , a traiterous and a clouted anarchy . if this way have any favourers in this house , let them owne their religion and speake for it . the next is the presbyteriall way , a more orderly , and a better tempered novelty then the other , but a novelty , and indeed but elder brother to independency : upon this you had my sence at midsomer last . it is enough for me that i can point out when it began : since my father was born , or i am sure at most in my grandfathers days : and it is my fixed resolution that since ( by gods blessing ) i am of the oldest religion , i will never consent to any but to the oldest government . the third way is episcopall : the originall whereof is high , and beyond my search to define : yet this i am bold to affirme : it had a being , and that an allowed being in the best , the first , the purest age , and ( as i said before ) if it be not of apostolicall institution , yet cleare enough it is of apostolicall permission . it will be said that our bishops are nothing such : yet ( sir , i pray you ) may not they be easier made such , then the dutch or scottish presbytery , or a new-england independency can be ? what is our work but to reforme ? i would the question were put whether our episcopacy shall be reformed or not . but ( mr. speaker ) it is true , there are degrees in episcopacie it self : and to this point also , give mee leave to expresse my self , and it may be necessary for me so to doe , although i am confident , you are herein prae-resolved as i wish . sir , the stairs are so easie , and ambition ( that first made divels ) is so apt to climbe , that so long as the ladder is not taken away ; the ( ) priest would be a ( ) rurall deane . he an ( ) archdeacon . then ( ) a bishop . an ( ) archbishop . a ( ) metropolitan . a ( ) primate . the primate would be a ( ) patriarch ( his owne book breathed that hope ) and once a patriarch , why not a ( ) pope ? thus have you nine degrees of a terrestriall hierarchy , sutable to the invented nine orders of a coelestiall hierarchy among the angels . it was a fond fancy to invent them in the world above , and it will prove a dangerous folly in us to suffer these in the world below . one of the links of this chaine is almost burst asunder : never let that be sodered again . sir , in uno syllâ multi marii : cut off but one archiepiscopacie , and you shall at once destroy with it , both metropolitan , primate and patriarch , and in time the pope also . archiepiscopie ! why , who ever voted that to be divine ? nay , who can give a good morall and prudentiall reason for the subsistence of archiepiscopie ? this indeed is a prince among the lordly prelates , and they all doe swear canonicall fealty and allegeance to his soveraigne miter . but i forbear , being confident there is a concurrency enough in this house to vote the abolition of that needlesse and that dangerous degree . so then my sence is thus in briefe . away with archiepiscopacy both root and branch . away with my lord bishop both root and branch . touch not our pastor bishop . reform , reduce , replant our bishop president , and with him his presbytery . give him his ancient , due , and proper power . let him ordain & censure , but with due assistancie , and not otherwise . reason and necessity , and all exemplar government require this episcopacy : shew me a colledge without a master : a citie without a governour : a ship without a pylot : an army without a generall : doe the states thrive without an excellency ? or doth venice prosper without a duke ? or can you secure our own house in order without a speaker ? but sir , i have heard some among us say , if then we must have a bishop , let him be like a pylot , onely for a voyage : let him be like your self , a speaker onely for a parliament . i answer , if but so , yet is it better then any other way that i see yet propounded to you ; far better then the hazardous way of commissioners , that shall begin now , and end no man knows when . but sir , i come in againe upon my own ground , and doe affirme that ab initio non fuit sic ; your bishop of old was not occasionall pro re natâ , and immediately degraded , nothing so : but continued a fixed constant , perpetuall moderator and president for life , unlesse outed for his own demerits . i am for the old way , reason and religion have allowed it , and the constant practise of the best and most ancient times hath honoured it . take this also farther to approve it . if your bishop president be not constant , the encouragement to pietie and learning will not be so constant . let desert in the church have in its own sphaere ( as desert in the civil state hath ) a constant reward of honour and of profit . for sir , honour and profit must invite forth learning and industry , or you shall have none . thus have you ( with my imperfections ) my sense upon episcopall government , the first part of your bill , i passe in brief unto their cathedrall covents , my second distribution . mr. speaker . i have beene diligent and attentive to the whole procedure of all debates of this nature , yet am i , just where i ever was , nothing moved , not at all changed , unlesse this be a change ; that by hearing my owne sense better argued for by others , then i could doe for my self , it is now deeper fortifyed within me . one main exception to the quite voting away our cathedrals , ever was and doth yet remaine with me . that which sticks with me is this : what certainty , what security shall i have that learning and religion shall have a perpetuall maintenance , and a sure reward of honour and of profit proportionall you will say , that your vote already passed will secure me ; nothing so : you have indeed voted that all the lands of the deans and chapters shall be employed to the advancement of learning and pietie . but in the mean time what becomes of the bishops lands ? they are cathedrall also : if you take away the present proprietor , what shall become of the land ? we shall not rifle for it ; shall we make a gift of what is none of our own ? or shall we cure the common-wealth at the cost of the church ? i heare little said in the house , i hear too much in private . but i proceed . this vote ( i say ) doth not secure mee : it is too generall . my reason why i am not herewith satisfied is this , because for ought this vote expresseth , you may give all the land to any one use onely , and performe your vote ; as for instance , if all the wealth of deaneries be distributed among the parish ministers onely , your vote is fulfilled ; but all the learning and the pietie , that we are bound to take care of , is not thereby provided for . this ( i say ) doth therefore stick with me , and notwithstanding your generall vote so inwardly , that untill i doe see and know , how and in what manner the use and the particular disposall of this great revenue ( both episcopall and conventuall ) shall be , i cannot concurre to vote away the present possessours thereof : no , nor the future successours thereunto . our deans and prebends as now they stand , or rather , as they have of late abused themselves , are both burdensome and scandalous to us , and to our religion . yet i must looke upon their revenue , as the great reward , and powerfull encouragement of religion and of learning . some would alter and amend these cloysters , others would root them out ; some would transferre their wealth , but doe not tell me whether . some would annexe all to the crown , to enlarge the royall revenue ; some reputing them incendiaries , would out of their forfeited estates , pay our debt of promise to the scots ; some would distribute all that wealth among parish ministers onely ; others have mixt and different designes . and there want not some who upon all these lands doe write , touch not , tast not , handle not ; you know it was urged by a worthy learned dr. at the barre , that of saint paul , thou that abhorrest idols , committest thou sacriledge ? this theame i shall decline , and whatsoever my opinion be , whether man can give unto god a speciall property in a peece of land or not ; yet am i fully resolved never to alienate any of these revenues , but to mend the uses in the way of pietie , so that this supposed danger of being sacrilegious shall be certainly out of my doores . in the next place , my humble and my earnest desire is , that you will maintain the pen as well as the pulpit ; polemie as well as persuasive learning . if our cathedrals were rightly temper'd , wee might hope for admirable fruit of their revenues . yong students in divinity wander for want of manuduction . poore christians among us want a godly , sober , plain and pithy english paraphrase upon the whole bible . our nation , our religion , and all christendome want the just volumns of a large latine commentary . the body of divinity should be reduced into a solid catechisme . every heresie might be choked in its first breath . all the fathers might be revised and briefly animadversed . i cannot think of half the happinesse we might hope for , so long as the rewards of wisedome are held forth to invite and encourage industry . riches and honour are with me , saith wisdome , that knew how to invite . take then none of the reward away , either of profit , or of honour ; so much reward as you abate , so much industry you loose . who ever went unto the hesperides onely to fight with the dragon ? onely for that ? for victory , and for nothing else ? no , sir , but there was the fruit of gold ( profit as well as honour ) to be gained , to be atchieved , and for that the dragon shall be fought withall . — quis enim doctrinam amplectitur ipsam , praemia si tollas ? — the lawyer , the physician , the merchant , through cheaper pains do usually arrive at richer fortunes ; and but that it pleaseth god to worke inwardly , i should wonder that so many able heads , ingenious spirits , and industrious souls , should joy in the continuall life long pains , and care of a parish cure , about . l. per annum stipend for life , when with easier brows , fewer watchings , and lesser charge , they might in another profession ( as every day we see it done ) fasten a steady inheritance to them and their children , of a farre larger income . in this place there was composure of that which was ( on a like occasion ) spoken . novemb. and is entred pag. and this place is half imperfect for want of those lines here . let me here by way of anticipation , prevent that which will else come in objectively upon me . the vniversities ( it will be said ) are amply furnished with able disputants : what need other care , other provision ? truly mr. speaker , excepting some of our publike professours there , and some few of the heads of our houses there , who hath descended into this areopagus ? there is indeed good training , good preparatory exercisings of raw souldiers there ; and much valour in counterfeit skirmishes among them : but for perfect polemy in letters , you may guesse what our vniversities can yeeld , by observing our trayned bands at common musters : your graduate in the schoole of warre will tell you , that good artillery men , though quick at a dry muster , and nimble with false fires , are not immediately compleated into true and full souldiers : so every syllogizer is not presently a match to cope with bellarmine , baronius , stapleton , &c. mr. speaker , you see my heart ; i move not , i plead not for the deans , nor for the prebends . if they will not prove , if they cannot be turned to be champions in this holy warfare ; then the rich revenue detur digniori : let it be given to them that will bring forth better fruit . but if there may be had such a reduction of them , such a retrenching of them , nay , such a new forming of them , that we may be alway sure in all polemicke learning , to have some men of valour , to goe in and out before us : surely sir , let them be so reduced , so retrenched , so new formed ; if not , if this cannot bee , then let others have the wealth , that will doe the worke . after all this ( i beseech you ) let me not bee misconstrued , as if i intended an apologie for these cathedrall societies : it is neither in my wish nor power . these covents are still the same with me they ever were : and the short character of a cathedrall corporation ( as now it stands abused ) is still the same it was . a nest of non-residents . an epicurean colledge of riot and voluptuousnesse . a schoole for complements in religion : but a scourge upon the life and practise thereof . they have been the asylum for superstition : but the scalae gemoniae for true piety . of late they have been the shame of our clergy : and are now almost become the scorne of our laity . yet sir , for all this ( all this so bad , so true ) i am still where i was . though the channell be foule and muddy , where these waters ( i meane their wealth ) doth run , yet i cannot wish it dried up ; but rather purged and cleansed , or else a new channel cut , wherein the current of all their wealth may run on , pure and clean to the holy uses of religion and of learning . sir , many great and excellent uses ( all for pietie and learning ) may be presented to you : i beseech you let us consider sadly on it . for if this wealth be but once like water powred abroad , no time , no age to come will ever give us such a stock againe . and thus i end the second of my two generall heads . to summe up all ; you see i am for the old originall episcopacie , with presbyteries subjoyned thereunto : and i am for an explicite disposall of all manner of church revenues : your bill denies me both . it denies me my strong wishes , and forceth upon me the terror of confusion . this bill indeed doth seem to me an uncouth wildernesse , a dismall vastnesse , and a solitude wherein to wander , and to loose our selves and our church , never to be found againe ; me thinks we are come to the brink of a fatall praecipice , and here wee stand ready to dare one another , who shall first leape down . and that which encreaseth my horror and amazement to the height , is to hear men confidently affirme , that we goe safe upon an even ground , and that all this while the government is not changed . surely sir , either my head is giddy , or else i see in this bill our english church turn round , or rather tost upside down . perswade the king to commit all his regall authority into nine commissioners , and tell him , that he is still a monarch . beside the change of governors , doe you not give us new rules ? doe you not take away the old ? and is the government still the same ? i will instance in one . what is become of the divine ordinance of excommunication ? must there be none ? there is none in all your bill . five lay-men shall require five ministers to ordain : is not this new ? was this government with us ? nay was it ever in the world before ? five lay-commissioners must judge and pronounce in matter of heresie : yet still our church government is unchanged . i know not what to say in so dull , so flat a cause . truly sir , for my part i doe look upon this bill as upon the gasping period of all good order : it will prove the mother of absolute anarchisme : it is with me as the passing bell to toll on the funerall of our religion , which when it goes will leave this dismall shreek behind . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} when religion dyes , let the world be made a bonefire . in short sir , this bill hath so little of my hopes , so nothing of my reason , so all of my fears , that if it must passe , i doe most humbly pray , and doe earnestly beseech this honourable house to grant me this favour , that i may be admitted to my protestation against this bill , and so recorded . and ( although some worthy members of this house are troubled , as they have cause , to have their names set on a poast ) yet it is my ambition that i may as negative to this bill , be poasted up from westminster to the tower , and from dover to barwick , as one that dares not hazard a whole nationall church at blind man buffe . to conclude all : so great a varietie of matter : so totall a mutation , of so vast and so hazardous a consequence : it doth amaze me and distract me so , that although i must say no to your bill , yet i hardly know with what motion to conclude . but thus i adventure . let the intent and scope of reformation be divided into two bills . let the subject of the first be church government . let the subject of the second be the disposall of church revenues . let both these bills goe pari passu , hand in hand together . and because i cannot so well by word of mouth and memory present them , i doe humbly beg leave either to read unto you such heads , for the first of these bills , as i conceive will well stand both with our religion , and with the present lawes of the commonwealth : or else that you will please to take in a new bill ready formed to that sense , and i doubt not , but you will quickly find it the best and nearest way to pietie , peace , the honour of our religion , and the glory of god . church-government . reduced into a few heads , fit ( as i conceive ) to be formed into a bill to be presented to the commons house in parliament . memorandum , an imperfect copie of these , without my knowledge or consent hath been three times printed before . i. imprimis . every severall shire of england to be a severall circuit or diocesse for ecclesiasticke jurisdiction : excepting the little country of rutland , which may be joyned to lecester . and yorkshire which may be well divided into three . ii. the dioceses in wales to remaine in circuit as at present . iii. twelve learned divines of irreproveable life and doctrine , to be selected in every diocesse , as a constant presbytery , and they to give necessary assistance to the bishop . iiii. a pious , and painfull divine of exemplar life and learning to be established the bishop and constant president over this presbytery , and throughout the severall diocesses aforesaid respectively . v. this bishop in each diocesse to ordain , suspend , deprive , degrade , excommunicate , by and with consent and assistance of seven divines of his presbytery then present , and not otherwise . vi . this bishop to actuate and performe all those services and employments trusted unto , and expected from the present bishops of the land , by vertue of the present lawes of the land . vii . the times of ordination throughout the land to be foure times every yeere , viz. the first sunday in every month of may , august , november and february yeerely . viii . every bishop constantly to reside within his diocesse , and to keep his especiall residence in some one prime or chief citie or town within his diocesse : as in particular the bishop of kent at canterbury . the bp. of sussex at chichester , &c. ix . every bishop to have one especiall particular congregation within his cure , the most convenient for neernesse to his chief residence , and the richest in value that may be had , where he shall duly preach , unlesse he be lawfully hindred , and then shall take care that his cure be well supplyed by another . x. no bishop shall remove , or be translated from the bishoprick which he shall first undertake ; unlesse it be done by the king , with consent of a nationall synod , or consent of parliament . xi . vpon death or other avoydance of a bishop , the king to grant a conge d'eslier to the whole clergy of that diocesse , and they to present three of the presbyters aforesaid , and the king to appoint which of the three his majestie shall please . xii . the first presbyters in every diocesse to be named in this present parliament . xiii . vpon the death or any other avoydance of a presbyter , the ministers of that diocesse to present three : and the bishop with the rest of the presbyters to make election out of that three : and if votes be equall , then the bishops vote to sway the election . xiiii . the conge d'eslier for election of a bishop shall issue forth within two months after the death , or other avoydance of a bishop . the choice of another presbyter to be within one month after the death or avoidance of a former presbyter . xv . no bishop or other clergy man to have the constant manage of any temporall office , or secular jurisdiction , but onely for the present to hold and keep the probate of wills in the usuall places , untill the parliament shall otherwise resolve . yet i conceive it fit that twelve bishops , ( by the rest of the bishops to be chosen ) be every parliament called to sit there assistant , to give advice in matter of religion , and in cases of conscience , when the house of lords shall please to require it of them . xvi . parochiall ministers to be entrusted and endued with more power then formerly : the manner and extent whereof to be determined in the next nationall synod : xvii . the parish minister to hold weekly vestries there with the parishioners , to consider and take notice of all manner of scandal within the parish . xviii . the parish ministers to meet in every rurall deanerie once every quarter , there to prepare , and make up ( by joynt assent ) such presentments of scandal , as may be fit to be transmitted to the bishop and presbytery . xix . the bishop once a yeare ( at midsummer ) to summon a diocesan synod , there to hear , and by general vote to determine all such matter of scandal in life & doctrine as shal be presented to them . xx . every three years ( at the same day the trienniall parliament shall begin ) a nationall synod to be ( whereby there will be no need of arch-bishops ) which synod shall for persons consist of all the bishops in the land , and of two presbyters to be chosen by the rest out of each presbytery : and of two clarks to be chosen out of every diocesse by the clergy thereof . xxi . at the first day of their convention the bishops out of their own number to chuse a moderator or president of the synod . xxii . from the vestry , appeale may be to the rurall deanery , from thence to the diocesan synod , and from the diocesan to the nationall synod . xxiii . this nationall synod to make and ordain canons for the government of the church , but they not to bind , until confirmed by the king in parliament . xxiiii . every bishop to have over and above the benefice aforesaid , a convenient dwelling in the chief town of his residence , a certain profit of a constant rent allowed and allotted proportionall to the diocesse wherein he is to officiate . xxv . that certain choice benefices of the best value , and most convenient situation , that can be had , may be allotted to the presbyters , one to each , and that they also may have each of them a constant yearly profit over and above his benefice . xxvi . as for the revenue of the bishops , deanes , chapters , &c. a strict survay to be taken of all their rents and profits , by choice commissioners in every severall county , and the same at an appointed time to be represented to the parliament , and in the mean time no timber to be felled . afterward some of the profits may be laid by to make a stock , wherewith to purchase in the first fruits and tenths , by ascertaining a more steady rent to the crown . impropriations may be bought in . ministers widows and orphans may not with husband and father loose all support . libraries ( at the publique charge ) to be provided for every bishop . and some colledges erected , and by degrees endowed for divines therein to exercise themselves , through all the latitude of theology . postscript . thus have you a faithfull & a clear exposure of my self in matter of religion , both in what i have said , and what i wish may be done . let the candid and ingenuous reader judge me . such of the prelaticke party as are in love with present pomp and power will be averse unto me , because i pare so deep : the rooters , the antiprelaticke party declaim against me , because i will not take all away . at last midsummer a new moon did take these men , i did begin to find a different greeting , a change of salutation . some expostulate : others condemne : some advise : others would seeme to condole : all upon occasion of my speech . june ; although i find not there ( or in any thing else that i have said ) any cause to make me the object either of their anger , their councell , or their pitty . the plain truth ( as i touched before ) is that immediately upon my approach unto this parliament , some circumstances did concurre to leade my language on upon the archbishop , not any personall passages ( god and my soul doe witnesse for me , i have not such a temper ) but being servitor for that shire , and in that diocesse where some of his hardship then fresh and new was brought by complaint unto me ; the accident of presenting that complaint did beget me almost as many new friends as he had old enemies : and i know not what misconception did thereupon ( untruly ) entitle me an enemy to the very function of episcopacie . i never gave my name in to take away both root and branch . i love not the sound of a curse so well . if by the rooters i have been so mistaken , their credulity is not my crime . and their foule language shall neither be my shame nor sorrow , i will repeat some of their salutations , one tells me that i would onely have new bishops in room of old ones : cuius contrarium verum est . another that i have a pope in my belly . a third that he was never more sorry for any speech in the house , meaning that . jun. another that strange things were said of me . a fifth and sixth that i goe the way to spoile all their work , so i hope i doe . a seventh that it is said i am fallen from grace : so some men seem desperately to look into the arke of god . an eighth that i have contraried all that i said before : let the dr. shew me that now . a ninth is told that i am apostated ; i doubt his religion ( in quantum it differs from that of the church of england ) is an apostacy . a tenth that i am gone over to their adversaries . an eleventh and twelfth that the primate of ireland , and dr. brownrig have infected me , i dare drinke their poyson . that the two learned and painfull equals without match , mr. reading , and mr. abbot , abusing my trust in them , and good opinion of them doe misleade me ; a slander upon three at once . that dr. burges and i have conferred notes ; i wish we had . that i am for bishops , for crosses and for images ; true and false . that if i had held where i was , there had not been a bishop in the land before august last ; a false wizard , i did hold where i was , and yet the bishops are where they were . that i have lost the prayers of many thousands . that i have lost the honour i had , and that my conscience is not so good as it was in the beginning of this parliament . good ( mr. c. ) you who would have bishops out of their chairs , come you out of the chair of the scornfull . you are one of them who jog our elbowes , and boare our parliament ears with babylon , antichrist , and the mystery of iniquity , which i dare say is grossely misunderstood by your self and many others of your rooting tribe . before this parliament was convened , you would have joyed upon that day , when the sting of ill executed episcopie ( the high commission ) had been taken away ; and ( the pest of the chair ) soleship of power retrenched . one is done , and both had been effected , if you and such as you had not overheated a furnace that was burning hot before ; and with pressing for ruine have betrayed the time of a blessed reforming . take it unto you , for upon you , and the blind ignorant wilfulnesse of such as you , i doe here charge the sad account of the losse of such a glorious reformation , as being the revived image of the best and purest ages , would with its beauty and piety have drawn the eye and heart of all christendome unto us . the horse-leaches daughters doe cry , give , give . and you that might have had enough , doe still cry more , more . the greedy vulture of an insatiate appetite is incurable . to reform episcopacy it is in your esteem too faint , too cold a work , it is labour ill bestowed and unthankfully accepted , nay one of you ( said in my hearing ) it is a sinne to labour in the dressing and proining of that plant , which ( say you ) is not of god , and must be digged up . and with episcopacy , away with the burden of our liturgy . a if you take not off this burden also , it will be girded upon us closer and stronger then ever . away with the thought of a nationall church also , b it hath no pattern in the scripture . c it is impossible for a nationall church to be the true church of christ . let us have no church but congregations , d and let them be without all superintendency : as much to say , as let every family be a church , and have religion as they please . a way with all e distinction of clergy and laity , it is popish and antichristian . let us then banish from us such popish names , and send them home to rome . f the church is a body of parity , whose members are all kings and priests . g and every man must exercise his gifts in common . so also the learned ( but herein absurd and grosse ) h walo messalinus , omnes olim presbyterierant latci ; and againe , waldensis & lutherus crediderunt tustos ac fideles laicos posse omnes , quae in ecclesiâ dei agi necesse est , agere , & omnibus muneribus ecclesiasticis defungi . these things thus pressed , and pursued , i doe not see but on that rise of the kingship and priestship of every particular man , the wicked sweetnesse of a popular parity may hereafter labour to bring the kingdown to be but as the first among the lords , and then if ( as a gentleman of the house professed his desire to me ) we can but bring the lords down into our house among us again , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . all 's done . no rather , all 's undone , by breaking asunder that well ordered chain of government , which from the chair of jupiter reacheth down by severall golden links , even to the protection of the poorest creature that now lives among us . what will the issue be , when hopes grow still on hopes ? and one aime still riseth upon another , as one wave follows another ? i cannot divine . in the mean time you of that party have made the work of reformation farre more difficult then it was at the day of our meeting , and the vulgar mind now fond with imaginary hopes , is more greedy of new atchievements then thankfull for what they have received . satisfaction will not now be satisfactory . they and you are just in a seneca's description . non patitur aviditas quenquam esse gratum . nunquam enim improbae spei , quod datur , satis est . eo maiora cupimus , quo maiora venerunt . — aequè ambitio non patitur quenquam in eâ mensurâ conquiescere , quae quondam fuit ejus impudens votum . — vltra se cupiditas porrigit , & foelicitatem suam non intelligit . learn moderation ( mr. c. ) unlesse ( as b some of you rooters doe seem to hold ) you doe think moderation it self a vice . the stoick was in that point more pious then such christians : his motto was , and your lesson is , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . finis . notes, typically marginal, from the original text notes for div a e- iosh. . mr. f. t. c. s a. h. dr. w. notes for div a e- sir ben. rudyer . notes for div a e- my l. g. d. notes for div a e- parker polit. notes for div a e- b. bancroft . tim. . , , . notes for div a e- mr. d. of c. hos. . . a ioh. . . b joh. . . c mat. . . a joh. . . b b. hall . episcop . part . p. . c luk. . a mat. . b act. . c mat. . d act. . . a mat. . . b mar. . c mat. . d mar. . . e luke . f mat. . mark . g luke . . h mark . . i joh. . , . a luc. . b luc. . . c luc. . . d mat. . mark . . e mat. . gal. de usu partium . a ethi . l. b apoc. . . c cor. . . d ro. . e rom. . . e rom. . . f part . p. . a gen. . . a cor. . . a gal. . b mat. . . c mat. . . d mat. . a cor. . , . b pet. . c luke . . p. . ep. . notes for div a e- this was so at first , though afterward it was resolved that no clergy man but onely lay men should be commissioners . mat. . . mar. . luk. . if simon zelotes were the last as some affirme . ps. . . & . ● notes for div a e- psa. . . a acts . . b phil. . . c cantic. . kin. . deut. . . notes for div a e- m. s. s. notes for div a e- mr. reading . mr. abbot : s. r. h. notes for div a e- this charge ( upon this occasion ) was afterward expunged the declaration . jo. . . mat. . . acts . acts . acts . seneca . sen. protestation protested denies the church of england to have the . marks of a true church . the ministers in their remonstrance doe complaine that the creed is often rehearsed ; but they blotted out ( what they had put in ) that it is over-short , and ( in one place ) dangerously obscure . polycar . arist. a as for them who admit a forme to be lawfull , yet do declaime against authority for commanding and imposing the use of it , it is to me a wonder and absurdity , that a just authority may not bind that to be done by a law , which is ( as they confesse ) lawfull in it selfe both to have and use . b in the false copy abroad , instead of may hereafter , the silly transcriber put in nay , h●r offerture , which hath been some displeasure to me . judg. . . notes for div a e- novemb . . lo. viscount falkland d. morton . d. williams . d. hall , d. iuxton . d. curle . d. bridgman . d. potter . d. duppa tit. . . tit. . . vers . . as mr. reading . m. abbot sam. . notes for div a e- ep. l. . c. . psa. . . pet. . . vers . . pet. . ep. ad t●al . pet. . . epist. ad tral . epist. ad magnes . epist. ad tral . sir tho , aston , review of episcopacy , p. ▪ phil. . . act. . tim. . . pet. . . act. . . act. . cor. . . acts . . rom. . phi. . acts . . eph. . . col. . a ro. . . b esa. . . c heb. . . d pet. . jo. . sen. jer. . mal. . . cant. . zach. . zach. . . col. . . esay . mat. . . a lu. . b luk. . c acts ● . d act. . e phil. . . f tim. . . g thes. . . tim. . . h cor. . . i rom. . . phi. . philem. . k tim. . . l phil. . . philem. . . m heb. , . n tim. . . o rom. . . p ad tral . a as may be collected by spensers wretched pamphlet . there was then but one arch-bishop and he impeached for his life . coloss. . . dr. hacket . rom. . . prov. . . notes for div a e- a. g. w. p. s. w. b. m. s. w. c. mr. s. s dr. b. from others . dr. w. r. l. b. mr. f. s. a. h. t. w. g. h. s. e. p. mr. k. i. k. civis ignōtus . t. c. pro. . . mr. f. a s. m. b protestation protested . p. . c mich. qnintin . p. . d eatons sermon vouched by sir th. aston . p. . e assertion of scottish government p. . & . f quintin . p. . g sp●n●●rs pamphlet . h thought to be salmasius against petavius p. . . a de benef. l. . c. . b j. h. h. m. epictetus . a speech delivered in the house of commons, july th: . being resolved into a committee, (so neer as it could be collected together) in the palatine cause. by sr. simonds d'ewes. d'ewes, simonds, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing d ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a speech delivered in the house of commons, july th: . being resolved into a committee, (so neer as it could be collected together) in the palatine cause. by sr. simonds d'ewes. d'ewes, simonds, sir, - . p. s.n.], [london : printed in the yeare, . place of publication from wing. reproduction of the original in the british library. eng speeches, addresses, etc., english -- early works to . palatinate (germany) -- history -- early works to . great britain -- history -- charles i, - -- early works to . a r (wing d ). civilwar no a speech delivered in the house of commons, july th. . being resolved into a committee, (so neer as it could be collected together) in d'ewes, simonds, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion a speech delivered in the house of commons , iuly th . being resolved into a committee , ( so neer as it could be collected together ) in the palatine cause . by sr. simonds d'ewes . printed in the yeare , . a speech delivered by sr. simonds d'ewes . iuly , th. . in the palatinate cause , &c. sir , wee have during this parliament , fallen upon the debate of the greatest , and most important affaires concerning our owne good and welfaire at home , that ever were agitated , and discussed at one meeting in the house of commons . and we are at this present , by the gratious invitation of his royall maje. expressed in his most just manifest read unto us , resolved to take into consideration , the most sublime , and most difficult busines of the christian world abroad : which hath for the space of above twenty yeares last past , drawen all the kingdomes , and states of europe , into an immediate or mediate ingagement : in which , there have beene twenty pitch't battles fought , a million of men , women , and children destroyed by the sword , by the flames , by famine , and by pestilence ; and that sometimes populous and fertile empire of germany , reduced to a most extreame and calumitous desolation . i have in those few spare-houres i could borrow yesterday , from the publike service of the house , recollected some particulars , which may conduce to the clearing of this great cause , being drawn out of the autographs themselves , or out of our records at home , or out of the writings of our very adversaries , and others abroad . i shall therefore beginne at the originall it selfe , of the never enough to be lamented losse of the prince palatines domino●s , and electorall dignity : that so wee may take along with us , in our intended disputes ; not onely our affections , but our consciences . it is therefore very manifest , to all that are but meanly verst in the cabinet affaires of christendom ; that the iesuites have consulted for many yeares last past , as well before , as since the furious warres of germany , by what meanes to ruine the evangelicall princes and partie there . their cheife aime hath beene , so to divide the protestant princes amongst themselves , as they might be made vse of each against other , for the ruine each of other . the first occasion that offered it selfe within our memories , was the pretences of severall competitors to the dukedomes of cleve and iuliers , and they sailed but a very little to have executed their intended designe upon that occasion . but their hopes failing in it , they apply themselves integrally to ferd●nand of austria , duke of gratz , a prince not long since so poore , and of so meane a consideration to adde the waight of but one graine , to the down-ballancing of the affaires of christendome , as his name was scarce heard off . they find him a fit subject for them to worke upon , having from his cradle been bredd up in an extreame hatred of the protestant par●y , who professed the truth . they resound nothing into the eares of the old emperour matthias , but his cousin ferdinands high merits , so as hee passing by his owne naturall brothers , and the head of his house , the spanish king adopts ferdinand of gratz for his sonne , so to prepare a way to make him the successor of his scepter , crown , and purple . then were the sacred dyets of the empire , the ancient meanes to reconcile differences , and prevent jealousies , as often dissolved abortively as called insincerely . rumours were spread of practices and designes against the protestant princes and citties . and that those rumours might not vanish in smoake , the liberties of the great and ancient citie of stratsburgh were opprest . the protestant princes seeing materials and engins on every side , prepared for their ruine ; were necessitated to meete at heilburn , and there to conclud an union amongst themselves . this gave the iesuites an assured hope , of making germany speedily miserable by a calamitous warre ; for not onely the pontifician princes , tooke the opportunitie to settle a catholike league , as they call'd it amongst themselves : but also , the elector of saxony , like a true pseudo-lutheran , neither protesttant nor papist , shewes as good an affection to the catholike league , as the evangelike union . the old emperour matthias begins now to act his part , and the iesuites spurre on their ready scholler ferdinand of gratz , to ascend the bloody theator they had so long designed him . through the old emperours intercession , abusing the bohemian protestants credulity , with sugred flatteries and large promises , he is admitted to the crown of that rich kingdome ; which soone after made way for him unto the crowne of hungary also . the iesuites and the spaniard did now onely want a faire occasion to begin a warre in germany . the emperour matthias labours with the protestant princes , to dissolve their vnion ; which not taking effect , the bishop of spiers is encouraged under hand to pick a quarrell with the prince elector palatine , and to build a strong fortresse upon his nighbours territories , pretending hee had right to that plott of ground , upon which the said fortresse was raised : but an higher providence did not suffer this sparke to set germany on fire , though it had been kindled at the prince electors own doore ( to affront and provoke him ) for he by an incredible celerity , did cause the said fortresse to be demolished before the enemy could sit and furnish it for his intended use , which made him sit still , and studie for a new occasion , which that it might not be long wanting ; the liberties and priviledges of the protestants in bohemia , contrarie to their new king ferdinands oath , were temerated ; and by that meanes in the yeare . the greater part of the estates of that kingdome were necessitated after mature deliberation to abdicate him , and to elect , frederick prince elector palatine for their king . and thus are wee arrived at that sadd period of time , upon which so many fatalities have ensued , in which we may see evidentlie ; that the prince elector palatine was not causallie guilty of any part of that ocean of bloud , that hath beene since spilt in germany , as the pontifician side pretend he was . the scene was long before prepared by the enemies of the truth ; and the kingdome of bohemia was filled with armes and hostilities diverse monthes , before his accepting of that crowne , when himselfe laboured by an earnest mediation , to have given a peaceable issue to those bloudie beginnings . it was the honour , and greatnesse of that matchlesse princesse that he gained heere , and the considerable succours they expected from hence , that especially drew the bohemians to that choice . it therefore concernes us now at length , to provide that the prince elector himselfe , and the other princelie branches of that great familie ( being the second without question , if not the first , and most ancient of the empire ) extracted by their last match , from the royall line of great-britaine , should not under couler of their fathers accepting that crown , to which they now pretend no title , be for ever despoiled of their ancient inheritance electorall dignitie : to which calamitie they had never been reduced , had not the french king at that time forgotten the old maxime of his predecessors , which was to keepe even the ballance of germanie , to which also did most fatallie concurre , the duke of bavarias ambition betraying his own bloud , and the duke of saxonies taking of armes against the evangelicall partie . by this meanes and the advancing of spinola with the spanish armie out of the nether-lands , was not onely the kingdome of bohemia lost in a few monthes , but the palatinate also , excepting some few places of strength invested by the enemie , and that poore people left to slaughter , calamitie , and desolation . the correspondence of some ill ministers of this state abroad , with those of porraine states heere , assisted by some fatall instruments at home , furthered all this mischeife at the instant putting this state in hope of a match when supplies should rather have been sent from hence , to have preserved at least the electorall territories from an invading power . it is true , that the spanish match had been generally treated off , some five or six yeares before this fatall fire kindled in germany , being first set on foote by the duke of lerma under philip of austria the late king of spaine : but now it was effectually advanced and fortified with a conjoyned treatie of accommodating the palatine cause without effusion of bloud . this and much more appeares in the originall journall bookes of the two houses of parliament in anno. . iacobi regis , which i have so far perused , as so short a time would give leave ; and though that matters are there set downe at large , especially in the records of the house of peers , yet i have abstracted it into so narrow a compasse , as may well sort with the little spare time of this house to heare it . the relation was first made at white-hall during that parliament , in the presence of the greater part of both the said houses , on tuesday febr. . and it was afterwards reported upon friday the . day of the same moneth next ensuing , in the lords house , by the then lord-keeper , and in the house of commons , by sr. richard weston , at that time chancellour of the exchequer . it is ther at large set forth , that his mties. royall father , having had severall faire promises from the emperour ferdinand the d. and the king of spaine , of a peaceable restitution of the palatinate , caused not onely such considerable forces , as were then remaining in germanie under the prince electors ensignes to disband ; but procured also , some places of strength in the palatinate it selfe , to be surrendered and consigned over in trust to the late infanta of spaine . but in the yeare . our late royall soveraigne king iames , upon his ambassadors returne from bruxels , having discovered the emperours intentions to be full of insinceritie and deceit , wrote his princelie letters bearing date at hampton court october . . . to the ( then & still ) earle of bristow his maties. extraordinarie ambassador in spaine ; to let him know that he now perceived little sincerity in all the spanish kings promises , for the peaceable restitution of the palatinate , by whose onely meanes he had suffered the same to be lost to the emperour , and that therefore he should presently presse that king , either to give a full and direct answer , under his hand and seale , for the restitution thereof ; or else to joyne his armes with his matie. against the emperour for the recoverie of the same : but this matter as it further appeares by the originall iournall-bookes of the lords house , being either not throughly pressed , or notably dissembled . so many delaies ensued one upon the necke of another ; as in the issue it drew his royall matie. then prince of wales , to undertake that dangerous and remote journey unto that nation , which hath bin the long and hereditarie enemy of england . this iourney , was cheifly undertaken by so great a prince to add an end , one way or other , to that unfortunate treatie , and his staie in spaine so long , did causally proceed from his earnest desire to have effected a peaceable restitution of the palatinate , and therefore i doubt not , but he shall now live to verifie that excellent , and heroicke expression , which he made to the conde de oilvarez a little before his comming out of that kingdom . looke for neither marriage nor friendship , without the restitution of the palatinate . and i assure my selfe , that the force and power of great brittaine , which was lately by subtile and wicked instruments , divided against it selfe , being now vnited in one again , will bee able to effect such great and considerabl● actions , as shall render his majes. name and raigne glorious to all posterity . the two houses of parliament , at that time received the before mentioned declaration , with so much resentment , as having first rendred glory to god that had so seasonably discovered the spanish-frauds , and next their humble acknowledgments to their then gratious soveraigne , for requiring their counsels in a businesse of so great importance , they did unanimously advize him to breake off the said two treaties touching the marriage , and the restitution of the palatinate ; ingaging no lesse , then their persons and purses , for the recovery of the then prince electors ancient and hereditarie dominions . it appeares also in the originall iournall-booke of this house , de ano. io. caroll , that this great busines was againe taken into consideration , but was finally incombed with other matters of great moment , by the fatall and abortive disolution of that parliament . if therefore this great counsell of the kingdome , did in those two former parliaments , account the restitution of this illustrious and princely family to bee of such great necesitie for the preserving of true religion broad , and securing our selves at home , as to ingage themselves for an assistance therin ; certainely wee may vpon much better grounds vndertake the same now , when i assure my selfe we may goe as farre with a thousand pounds for the present as we could have done with ten thousand at that time , for let vs but take a short view of thee state of christendome , what it was then , and what it is now , and wee shall easily perseive a great alteration in the ballance thereof . in france where monsieur de luynes did then rule all , being himselfe acted by the popes legate , that king contrary to the examples of francis the first , henry the second and of henry the great his own father and contrary to the maximes and interst of that state and his owne safety , advanced the formidable power and spreading greatnes of the house of austria : but now the same french kings eyes have been so opened , that shaking off that former vnhappie slumber hee was in , hee hath by his armes and power to his immortal honour and glory for divers yeares last past , endeavoured to restore againe that libertie to the germane empire , in the ruine of which himselfe had so fatallie before concurred . the swedes were then involued in severall warres or iealousies with the pole and enforced to keepe at home to defend their owne , but now have a strong armie and possesse divers peices of important consequence within the very bowells of the empire . the episcopall electors with the other pontifician princes and prelates the sworne enemies the protestant religion , were then rich and potent , but since most of their countries and territories have tasted of the same calamities of warre which they had formerly brought vpon their neighbours so as now they are most of them scarce able to defend their owne , much lesse to offend any other . the pseudo-lutheran elector of saxony that is causallie guiltie more then anie other single person living , of all those calamities and slaughters which have for so many yeares wasted germanie and was then so liberall of his treasure , and so forward with his armes to ancillate to the emperors designes to the almost vtter subversion of the true religion in germanie , is now after the reiterated temeration of his faith and promises , the fatall survivor of the severall devastations of his owne cuntrie and dominions : so as all those vast difficulties and great dangers which might well have retarded the forwardnes of those two former parliaments the first being held in the . yeare of his maiestes roiall father , and the latter in his owne first yeare , being now removed , wee have greater encouragements then ever to concurre with our sacred soveraigne in the asserting of this his most iust and princely manifest . for mine owne part i expect no good issue of the present treatie at the diet of ratisbone , i know the duke of bavarit● ambition too well ever to imagine that he will part with those large revenues , and much lesse with the septem-virall dignitie and suffrage hee hath obtained by the prince electors calamitie and misfortune ; vnles it be extorted from him by force of armes . my humble advice therefore is , that wee send vp to the lords to desire a speedy conference with them , in which we may aquaint their lordships how farre we have proceeded in our approbation of his maiesties most royall manifest , and to move them to concurre vnanimously with vs therein . finis . mr. glyn, his speech in parliament, vpon the reading of the accusation of the house of commons against mr. herbert the kings attorney, for advising and drawing the accusation of high treason against the six worthy members of the house of commons. february . an. dom. glynne, john, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) mr. glyn, his speech in parliament, vpon the reading of the accusation of the house of commons against mr. herbert the kings attorney, for advising and drawing the accusation of high treason against the six worthy members of the house of commons. february . an. dom. glynne, john, sir, - . [ ] p. printed for iohn hammond, london : . reproduction of the original in the british library. eng herbert, edward, ?- . england and wales. -- parliament. -- house of commons. speeches, addresses, etc., english -- early works to . treason -- england -- early works to . great britain -- politics and government -- - -- sources -- early works to . a r (thomason e _ ). civilwar no mr. glyn, his speech in parliament,: vpon the reading of the accusation of the house of commons against mr. herbert the kings attorney, for glynne, john, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. glyn , his speech in parliament , vpon the reading of the accusation of the house of commons against mr. herbert the kings attorney , for advising and drawing the accusation of high treason against the six worthy members of the house of commons . february . an. dom. . london , printed for iohn hammond . . mr. glyn , his speech in parliament : vpon the reading the accusation of the house of commons , against mr. herbert , the kings attorney , for advising , and drawing the accusation of high treason against the . worthy members of the house of commons . february the eighteenth , an. dom. . mr. speaker , the subtilty and policy of man corrupted , and for evill actions , in danger of punishment , is alwayes working , although by the destruction of the vertuous and innocent , to free and cleere himselfe ; the actions and indeavors of the good man and the bad are alwayes opposite , the good man practiseth to defend vertue and piety , bring to deserved punishment , the vitious and malignant , out of duty to god , his king and country . the wicked man strives to defend himselfe and vices to the dishonour of god , the destruction of his true religion , of his king and country , if opposite to his designes ; we have had the experience of the evils and great troubles that have beene raised in this state , by ill instruments , men of power and authority in the same ; and not onely of open and publicke misdoers , but of private disaffected spirits , whose outward carriage hath procured to themselves great esteeme and respect in their countrey ; hay , so well have they been approved of , that their countrey hath intrusted them with their estates and priviledges , as electing them members of this high court of parliament , wherein also for a long time they have discharged their duties to their king and countrey ; nay , and obtained the generall estimation and respect of all men , as worthy members of the common-wealth ; but their hearts agreeing not with their outward carriage , being not upright and perfect , have at last shewed themselves in their owne colours , and brought to themselves shame and dishonour . this gentleman now accused by this honourable house , had the honour to be a member of the parliament , and so well esteemed by his maiesty , that hee was entertained his atturney generall ; which had he beene contented withall , and not been ambitious or malicious , which of the two i am not able to distinguish was his errour , or whether he is guilty of both : however , it is cleare , his heart was not right in discharging his duty in that great place committed to him ; and as hee was a member of the parliament , had he been faithfull to his king and countrey , he would never have undertaken this enterprise , to presume to advise his maiesty to accuse the members of this house of high treason , and draw himselfe their accusation . mr. speaker , his offence is of a high nature , of dangerous consequence , a manifest breach of the priviledges of parliament , an apparant treachery against the persons of those worthy members ; and consequently an offence against the whol state , deserving great punishment for the same . by this he hath made himselfe guilty of the same misdemeanours that other delinquents are impeached and accused for , not inferiour to them in this crime . this his practice and designe was a great offence against his sacred maiesty himself , in seeking to worke an evill opinion in his maiesty of his parliament , and their proceedings in the great affaires both of church , and state . this discouraged and dis-heartned the parliament to proceed in any businesse for the good and honour of their king and countrey , when they perceive that all their endeavours and dutifull actions are not well accepted by his maiesty , but ill thought of . this might prove a cause to alienate the hearts of king and people one from another . this hath caused all the trouble and distraction in this state , ill counsell . mr. speaker , i humbly desire that this accusation may be perfected , and that we may proceed to voting him upon the same , as by this honorable house hee shall be found guilty , and with all convenient expedition that may be presented to the lords , and that hee may proceed with cheerfulnesse to settle all disorders in this kingdome , both in church and state , redresse all grievances of his maiesties good subiects , expedite our indeavors for a timely reliefe of ireland , and bring all delinquents in this common ▪ wealth to deserved punishment for their many misdemeanors , and dangerous crime by them committed , and the establishing such a forme of government , and dicipline ecclesiasticall , in the church , for the true worshipping of god , as may be agreeable to his word and verity . finis . the speech of colonel shapcott. knight for devonshire. being spoken on the . of octob. in the parliament house, in behalf of k. charls the second. shapcott, robert. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the speech of colonel shapcott. knight for devonshire. being spoken on the . of octob. in the parliament house, in behalf of k. charls the second. shapcott, robert. sheet ([ ] p.) s.n., [london : ] imprint from wing. annotation on thomason copy: "munday november . ". reproduction of the original in the british library. eng charles -- ii, -- king of england, - -- early works to . speeches, addresses, etc., english -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason .f. [ ]). civilwar no the speech of colonel shapcott. knight for devonshire. being spoken on the . of octob. in the parliament house, in behalf of k. charls the shapcott, robert d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the speech of colonel shapcott . knight for devonshire . being spoken on the . of octob. in the parliament house , in behalf of k. charls the second . m. speaker , the gentleman which hath spoken last , did make a motion to this house , that we should establish these three kingdoms up on the present protector and his heirs ; and that in respect of his great deservings , and as a reward for his faithful service , which will be but very short of his merits . truly m. speaker , if to undo three kingdoms be meritorious , i must needs say he deserveth far above any ; or if to violate the laws and freedoms of the nation by imposing new laws upon us , viz. a meer spanish inquisition , substituted under another name , whereby to sweep away our orthodox clergie , and to set up in their rooms anabaptistical persons ; i say , if by imposing taxes of sundry kinds , being very burdensome and insupportable , and that without any cause or reason , but that of state , and not the state of the nation neither , but of his own usurping government and tyran●ie over us and our liberties : or , if his creating a court to destroy the nobility and gentry of the kingdom , contrary to the laws of the nation , under the cloak and colour for the relief of poor prisoners ; if these be merits for which he deserveth three kingdoms at once to be given him and his posterity , then let him have it : but if we must needs have a king again , why not he whose unquestionable right it is ? what hath he done to be excluded and dispossest of his undubitable right ? or what mean we thereby ? unless we intend to perpetuate the curse of god upon us and our posterity , by giving away what is not ours to give , and by that act owning all the murthers , perjuries , and treasons of this man ; and consequently ent●●l the curse of god upon us and the whole nation . finis . notes, typically marginal, from the original text notes for div a e- m. whitlock . three speeches of the right honorable, sir francis bacon knight, then his majesties sollicitor generall, after lord verulam, viscount saint alban. concerning the post-nati naturalization of the scotch in england union of the lawes of the kingdomes of england and scotland. published by the authors copy, and licensed by authority. bacon, francis, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ], :e [ ], :e [ ]) three speeches of the right honorable, sir francis bacon knight, then his majesties sollicitor generall, after lord verulam, viscount saint alban. concerning the post-nati naturalization of the scotch in england union of the lawes of the kingdomes of england and scotland. published by the authors copy, and licensed by authority. bacon, francis, - . [ ], , - p. printed by richard badger, for samuel broun, and are to be sold at his shop in st. pauls church-yard at the signe of the white lyon and ball, london : . the words "post-nati .. scotland." are bracketed together on title page. annotation on thomason copy: "july th". there exist two states of this edition. in state # : the word "chancecellor" appears on page , line . in state # : the word is spelled "chancellor". --cf. gibson, r.w. bacon. reproduction of the original in the british library. eng speeches, addresses, etc., english -- early works to . great britain -- history -- charles i, - -- early works to . england -- foreign relations -- scotland -- early works to . scotland -- foreign relations -- england -- early works to . a r (wing b ). civilwar no three speeches of the right honorable, sir francis bacon knight, then his majesties sollicitor generall, after lord verulam, viscount saint bacon, francis c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - melanie sanders sampled and proofread - melanie sanders text and markup reviewed and edited - pfs batch review (qc) and xml conversion three speeches of the right honorable , sir francis bacon knight , then his majesties sollicitor generall , after lord verulam , viscount saint alban . concerning the post-nati naturalization of the scotch in england vnion of the lawes of the kingdomes of england and scotland . published by the authors copy , and licensed by authority . london , printed by richard badger , for samuel broun , and are to be sold at his shop in st. pauls church-yard at the signe of the white lyon and ball . . . may . . at a committee appointed by the honourable house of commons in parliament for examination of books , & of the licensing and suppresing of them , it is ordered that these three speeches or treatises be published in print . edward dering . the argument of s r. francis bacon knight , his majesties sollicitor generall , in the case of the post-nati of scotland , in the exchequer chamber , before the lord chancellor and all the iudges of england . may it please your lord-ships , this case your lord-ships doe well perceive to be of exceeding ' great consequence . for whether you doe measure that by place , that reacheth not onely to the realme of england , but to the whole iland of great-brytaine ; or whether you measure that by time , that extendeth not onely to the present time , but much more to future generations , et natinatorum , et qui nascentur ab illis : and therefore as that is to receive at the barre a full and free debate : so i doubt not but that shall receive from your lord-ships a sound and iust resolution according to law and according to truth . for my lords , though he were thought to have said well that said that for his word , rex fortissimus ; yet he was thought to have said better , evenin the opinion ofa king him selfe that said , veritas fortissima et pravalet . and i doe much rejoyce to observe such a concurrence in the whole carriage of this cause , to this end that truth may prevaile . the case no fained , or framed case ; but a true case betweene true partyes . the title handled formerly in some of the kings courts , and free-hold upon it : used indeed by his majesty , in his high wisedome to give an end to this great question , but not raysed : occasio , as the schoole-men say , arrepta non porrecta . the case argued in the kings bench by m. walter with great liberty , and yet with good approbation of the court . the persons assigned to be of counsell on that side , inferiour to none of their quality and degree in learning ; and some of them most conversant and exercised in the question . the iudges in the kings bench have adjourned it to this place , for conference with the rest of their brethren . your lord-ship , my lord chancellor , though you be absolute iudg in the court where you sit , and might have called to you such assistance of iudges as to you had seemed good : yet would not fore-run or leade in this case by any opinion there to be given ; but have chosen rather to come your selfe to this assembly , all tending ( as i sayd ) to this end , whereunto i for my part doe heartily subscribe , ut vincat veritas , that truth may first appeare , and then prevaile . and i doe firmely hold and doubt not but i shall well maintaine , that this is the truth , that calvin the plaintiefe is ipso iure by the law of england a naturall borne subject , to purchase free-hold and to bring reall actions within eugland . in this case i must so consider the time , as i must much more consider the matter . and therefore though it may draw my speach into further length ; yet i dare not handle a case of this nature confusedly , but purpose to observe the ancient and exact forme of pleadings , which is , first , to explaine or induce . then , to confute , or answere objections . and lastly , to prove , or confirme . and first for explanation . the outward question in this case is no more , but whether a child borne in scotland since his majesties happy comming to the crowne of england , be naturalized in england or no ? but the inward question or state of the question evermore beginneth , where that which is confessed on both sides doth leave . it is confest , that if these two realmes of england and scotland were united under one law and one parliament , and thereby incorporated and made as one kingdome , that the post-natus of such an union should be naturalized . it is confessed , that both realmes are united in the person of our soveraigne ; or ( because i will gaine nothing by surreption , in the putting of the question ) that one & the same naturall person , is king of both realmes . it is confessed , that the lawes and parliaments are severall . so then , whether this priviledge and benefit of naturalization be an accessory or dependancy up on that which is one and joint , or upon that which is severall , hath beene and must be the depth of this question . and therefore your lord-ships doe see the state of this question doth evidently lead me by way of inducement to speake of three things . the king , the law , and the priviledge of naturalization . for if you well understand the nature of the two principals , and againe the nature of the accessory ; then shall you discerne , to whether principal the accessory doth properly referre , as a shadow to a body , or iron to an adamant . and there your lord-ships will give me leave in a case of this quality , first to visit and open the foundations and fountaines of reason ; and not to begin with the positions , and eruditions of a municipall law ; for so was that done in the great case of mines ; and so ought that to be done in all cases of like nature . and this doth not at all detract from the sufficiency of our lawes , as incompetent to decide their owne cases ; but rather addeth a dignity unto them when their reason appearing as well as their authority , doth shew them to be as fine moneyes , which are currant not onely by the stampe because they are so received , but by the naturall metall , that is the reason and wisedome of them . and master littleton himselfe in his whole booke doth commend but two things to the professors of the law by the name of his sonnes ; the one the inquiring and searching out the reasons of the law , and the other , the observing of the formes of pleadings . and never was there any case that came in iudgement , that required more that littletons advice should be followed in those two points , then doth the present case in question . and first of the king . it is evident that all other common-wealths ( monarchies onely excepted ) doe snbsist by a law preceedent . for where authority is divided amongst many officers , and they not perpetuall , but annuall or temporary , and not to receive their authority but by election , and certaine persons to have voice onely to that election , and the like : these are busie and curious frames : which of necessity doe presuppose a law precedent written or unwritten to guide and direct them . but in monarchies , especially hereditary , that is when severall families , or ilneages of people doe submit themselves to one line , imperiall or royall , the submission is more naturall and simple , which afterwards by lawes subsequent is perfected and made more formall : but that is grounded upon nature . that this is so , it appeareth notably in two things , the one , the platformes and patternes which are found in nature of monarchies , the original submissions , & their motives and occasions . the platformes are three . the first is that of a father , or chiefe of a family : who governing over his wife by prerogative of sexe , over his children by prerogative of age , and because he is author unto them of being ; and over his servants by prerogative of vertue and providence , for he that is able of body , and improvident of mind , is natura servus ) that is a very modell of a king . so that is the opinion of aristotle , lib. . pol. cap. , where he saith : verum autem regnum est , cum penes unum est rerum summa potestas : quod regnum procurationem familia imitatur . and therefore lyeurgus , when one counselled him to dissolve the kingdome and to establish another forme of estate , he answered , sir begin to doe that which you advise first at home in your owne house noting that the chief of a family is as a king ; and that those that can least endure kings abroad ; can be content to be kings at home , & this is the first platforme , which we see is meerely naturall . the second is , that of a shepheard and his flocke ; which zenophon saith , cyrus had ever in his mouth . for shepheards are not owners of the sheepe , but their office is to feede and governe : no more are kings , proprietaries , or owners of the people , for god is sole owner of people . the nations , as the scripture saith , are his inheritance : but the office of kings is to governe , maintaine , and protect people . and that is not without a mystery , that the first king that was instituted by god , david , ( for saul was butan untimely fruit ) was translated from a shepheard , as you have it in the . psal. et elegit david servum suum , de gregibus ovium sustulit eum , pascere iacob servum suum israel hereditatem suam . this is the second platforme , a worke likewise of nature . the third platforme is the government of god himselfe over the world , whereof lawfull monarchies , are a shadow . and therefore both amongst the heathen , and amongst the christians the word ( sacred ) hath beene attributed unto kings , because of the conformity of a monarchy , with the divine majesty ; never to a senate or people . and so you finde it twice in the lord cookes reports : once in the second booke , the bishop of winchesters case ; and his first booke . cawdries case , and more anciently in the . of h. . fo. . rex est persona mixta cam sacerdote ; an attribute which the senate of venice , or a canton of swisses , can never challenge . so we see there be presidents , or platformes of monarchies , both in nature and above nature : even from the monarch of heaven and earth ; to the king ( if you will ) in an hive of bees . and therefore other states are the creatures of the law ; and this state onely subsisteth by nature . for the originall submissions , they are foure in number : i will briefly touch them : the first is paternity or patriarchy , which was when a family growing so great as it could not containe it selfe within one habitation , some branches of the descendents were forced to plant themselves into new families , which second families could not by a naturall instinct , and inclination , but beare a reverence and yeeld an obeyseance to the eldest line of the ancient family , from which they were derived . the second is , the admiration of vertue , or gratitude towards merit , which is likewise naturally infused into all men . of this aristotle putteth the case well , when it was the fortun of some one man , either to invent some arts of excellent use towards mans life ; or to congregate people that dwelt scattered , into one place , where they might cohabite with more comfort ; or to guide them from a more barrenland to a more fruitful , or the like : vpon these deserts , and the admiration and recompence of them , people submitted themselves . the third , which was the most usuall of all , was conduct in warre , which even in nature induceth as great an obligation , as paternity . for as men owe their life and being to their parents , in regard of generation : so they owe that also to saviours in the warres , in regard of preservation . and therefore we finde in the . chap. of the booke of iudges , verse . dixerunt omnes ●iri ad cedeon dominare nostri , tu et filij tui , quoniam servasti nos de manu madian . and so we reade when it was brought to the eares of saul that the people sung in the streets , saul hath kild his thousand , & david his ten thousand of enemies ; he said straightwaies : quid ei superest nisi ipsum regnū ? for whosoever hath the military dependance , wants little of being king . the fourth is an enforced submission , which is conquest , whereof it seemed nymrod was the first president , of whom it is said , ipse caepit potens esse in terra , et erat robustus venator coram domine . and this likewise is upon the same root , which is the saving or gift as it were of life , and being , for the conqueror hath power of life and death over his captives , and therefore where he giveth them themselves , he may reserve upon such a gift , what service and subjection he will . all these foure submissions are evident to be naturall and more ancient than law . to speake therefore of law , which is the second part of that which is to be spoken of , by way of inducement . law no doubt is the great organ by which the soveraigne power doth move , and may be truly compared to the sinewes in a naturall body , as the soveraignty may be compared to the spirits , for if the sinewes be without the spirits , they are dead and without motion , if the spirits move in weake sinewes it causeth trembling : so the lawes with out the kings power , are dead ; the kings power except the lawes be corroborate , will never move constantly , but be full of staggering and trepidation . but towards the king himself , the law doth a double office or operation : the first is to entitle the king , or designe him ; and in that sense bracton saith well . lib. . fol. . and lib. . fol. . lex facit quod ipse sit rex , that is it defines his title , as in our law , that the kingdome shall goe to the issue female : that it shall not be departable amongst daughters : that the halfe bloud shall not be respected , and other points differing from the rules of common inheritance . the second is ( that whereof we need not feare to speake in good and happy times , such as these are ) to make the ordinary power of the king more definite or regular , for it was well said by a father , plenitudo potestatis , est pleuitudo tempest at is . and although the king , in his person , be solutus legibus ; yet his acts and grants are limited by law , and we argue them every day . but i demand , do these offices or operations of law evacuate or frustrate the originall submission , which was naturall ? or shall it be said that all allegiance is by law ? no more than it can be said , that potest potest●● patris , the power of the father over the child , is by law : and yet no doubt lawes do diversely define of that also ; the law of some nations having given fathers power to put their children to death ; others , to sell them thrice , others to disinherit them by testament at pleasure , and the like . yet no man will affirm , that the obedience of the child is by law , though lawes in some points doe make it more positive . and even so it is of allegiance of subjects to hereditary monarches , which is corroborate and confirmed by law , but is the worke of the law of nature . and therefore you shall finde the observation true , and almost generall in all states , that their law-givers were long after their first kings , who governed for a time by naturall equity without law ; so was theseus long before salo● in a●h●m : for was e●●iti●● and 〈◊〉 long before lycurgus in sparta . so was romulus long before the decemviri . and even amongst our selves , there were more ancient kings of the saxons ; and yet the lawes ran under the name of edgars lawes . and in the refounding of the kingdome in the person of william the conqueror , when the lawes were in some confusion for a time , a man may truly say , that king edward the first , was the first law-giver , who enacting some laws , and collecting others , brought the law to some perfection . and therefore i will conclude this point with the style which divers acts of parliaments do give unto the king : which terme him very effectually and truly , our naturall sove , raigne liege lord . and as it was said by a principall judge here present when he served in another place , and question was moved by some occasion of the title of bulleins lands : that he would never allow , that queene elizabeth . ( i remember it for the efficacy of the phrase ) should bee a statute queene , but a common law queen : so surely i shall hardly consent , that the king shall be esteemed or called only , our rightfull soveraigne , or our lawfull soveraigne , but our naturall liege soveraigne ; as acts of parliament speake : for as the common law is more worthy than the statute law : so the law of nature is more worthy than them both . having spoken now of the king and the law : it remaineth to speake of the priviledge and benefit of naturalization it selfe , and that according to the rules of the law of england . naturalization is best discerned in the degrees whereby the law doth mount and ascend thereunto . for it seemeth admirable unto mee , to consider with what a measured hand , and with how true poportions our law doth impart and conferre the severall degrees of this benefit : the degrees are foure . the first degree of persons , ( as to this purpose ) ●hat the law takes knowledge of , is an alien enemy : that is such a one as is borne under the obeisance of a prince or state that is in hostility with the king of england . to this person the law giveth no benefit or protection at all , but if hee come into the realme after war proclaimed , or war in fact , he comes at his own perill , hee may be used as an enemy : for the law accounts of him , but ( as the scripture saith ) as of a spye that comes to see the weaknesse of the land . and so it is . of ric. the , fo. . neverthelesse , this admitteth a distinction . for if he come with safe conduct , otherwise it is . for then he may not be violated , either in person or goods . but yet hee must fetch his justice at the fountaine head , for none of the conduit pipes are open to him , he can have no remedy in any of the kings courts : but he must complain himselfe before the kings privy councell : there he shall have a proceeding summary from houre to houre , the cause shall be determined by naturall equity , and not by rules of law , and the decree of the councell shall be executed by ayde of the chauncery , as is . edw. . an this is the first degree . the second person , is an alien friend , that is such a one as is borne under the obeisance of such a king or state , as is confederate with the king of england , or at least not in war with him . to this person the law allotteth this benefit , that as the law accounts that the hold it hath over him , is but a tranfitory hold ( for he may be an enemy ) so the law doth indu● him , but with a transitory benefit , that is of moveable goods and personall actions . but for free-hold , or lease , or actions reall , or mixt : he is not inabled , except it be in auter droit and so it is , e. , fo. . . e. ; fo. . . ma. and divers other books . the third person is a denizon , using the word properly ; ( for sometime it is confounded with a naturall borne subject . ) this is one , that is but subditus insitivus , or adoptivus , and is never by birth , but only by the kings charter , and by no other meane ; come he never so young into the realme , or stay he never so long . mansion or habitation will not indenise him , no nor swearing obedience to the king in a leete , which doth in-law the subject ; but only ( as i said ) the kings grace and gift . to this person the law giveth an ability and capacity abridged , not in matter but in time . and as there was a time , when hee was not subject : so the law doth not acknowledge him before that time . for if he purchase free-hold after his denization , he may take it ; but if he have purchased any before , he shall not hold it : so if hee have children after , they shall inherit , but if hee have any before , they shall not inherit : so as he is but priviledged à parte post , as the schoole-men say , and not à parte ante . the fourth and last degree , is a naturall borne subject , which is evermore by birth , or by act of parliament ; and he is compleate and entire . for in the law of england , there is nil ultra , there is no more subdivision or more subtile division beyond these : and therein it seemeth to mee that the wisdome of the law ( as i said ) is to be admired both ways , both because it distinguisheth so far , and because it doth not distinguish further . for i know that other lawes do admit more curious distinction of this priviledge ; for the romanes had besides 〈◊〉 civitatis , which answereth to naturalization , ius suffragii . for although a man were naturalized to take lands and inheritance ; yet he was not inabled to have a voyce at passing of laws , or at election of officers . and yet further they have ius petitionis , or ius honorum . for though a man had voyce , yet he was not capable of honour , and office . but these be the devises commonly of popular or free estates , which are jealous whom they take into their number , and are unfit for monarchies : but by the law of england the subject that is naturall borne , hath a capacity or ability to all benefits whatsoever ; i say capacity or ability . but to reduce potentiam in actum , is another case . for an earle of ireland , though he be naturalized in england , yet hath so voyce in parliament of england , except he have either a call by writ , or a creation by patent , but he is capable of either . but upon this quadripartite division of the ability of persons , i doe observe to your lordships three things , being all effectually pertinent to the question in hand . the first is , that if any man conceive that the reasons for the post-nati might serve as well for the ante-nati ; he may by the distribution which wee have made , plainly perceive his error . for the law looketh not back , and therefore cannot by any matter ex post facto , after birth , after the state of the birth ; wherein no doubt the law hath a grave and profound reason , which is this in few words , nemo subito fingitur ; aliud est nasci , aliud fieri : wee indeed more respect and affect thse worthy gentlemen of scotland whose merits and conversations we know : but the law that proceeds upon generall reason and looks upon no mens faces , affecteth and priviledgeth those , which drew their first breath under the obeisance of the king of england . the second point is , that by the former distribution , it appeareth that there be but two conditions by birth , either alien or naturall borne ( nam tertium penitus ignor amus . ) it is manifest then , that if the post . nati of scotland , be not naturall borne , they are alien born and in no better degree at all , than flemmings , french , italians , spanish , germans , and others ; which are all at this time alien friends , by reason his majesty is in peace with all the world . the third point seemeth to mee very worthy the consideration , which is , that in all the distribution of persons , and the degrees of abilities or capacities , the kings act is all in all , without any manner of respect to law or parliament . for it is the king , that makes an alien enemy , by proclaiming a war , wherewith the law , or parliament intermeddles not : so the king only grants safe-conducts , wherewith law and parliament intermeddle not . it is the king likewise that maketh an alien friend , by concluding a peace , wherewith law and parliament intermeddle not . it is the king that makes a denizon , by his charter absolutely of his prerogative and power , wherewith law and parliament intermedle not . and therefore it is strongly to be inferred , that as all these degrees depend wholly upon the kings act , and no wayes upon law or parliament : so the fourth , although it cannot by the kings patent , but by operation of law : yet that the law , in that operation , respecteth onely the kings person , without respect of subjection to law or parliament . and thus much by way of explanation , and inducement : which being all matter in effect confessed , i● the strongest ground-worke to that which is contradicted or controverted . there followeth the confutation of the arguments on the contrary side . that which hath beene materially objected may be reduced to foure heads . the first is , that the priviledge of naturalization , followeth allegeance , and that allegeance followeth the kingdome . the second is drawne from that common ground , cum duo jura concarrunt in una persona , aquum est , ac si essent in duobus ; a rule , the words whereof are taken from the civill law ; but the matter of it is received in all lawes ; being a very line or rule of reason to avoyd confusion . the third consisteth of certaine inconveniencies conceived to ensue of this generall naturalization ipso jure . the fourth is not properly an objection , but a preoccupation of an objection or proofe on our part , by a distinction devised betweene countries devolute by descent , and acquired by conquest . for the first , it is not properly to observe that those which maintaine this new opinion , whereof there is altum silentium in our bookes of law , are not well agree in what forme to utter and expresse that : for some said that allegeance hath respect to the law , some to the crowne , some to the kingdome , some to the body politique of the king , so there is confusion of tongues amongst them , as it commonly commeth to passe in opinions , that have their foundations in subtilty , and imagination of mans wit , and not in the ground of nature . but to leave their words and to come to their proofes , they endeavour to prove this conceipt , by three manner of proofes . first by reason , then by certaine inferences out of statutes , and lastly , by certaine booke-cases mentioning and reciting the formes of pleadings . the reason they bring is this ; that naturalization is an operation of the law of england , and so indeed it is , that may bee the true genus of it . then they adde ( that granted ) that the law of england is of force onely within the kingdome and dominions of england , and cannot operate , but where it is in force . but the law is not in force in scotland , therefore that cannot endure this benefit of naturalization by a birth in scotland . this reason is plausible and sensible , but extreamely erronious . for the law of england , for matters of benefit , or forfeitures in england , operateth over the world . and because it is truely said , that respublica continetur poena , & praemio . i will put a case or two of either . it is plaine that if a subject of england had conspired the death of the king in forraine parts , it was by the common law of england treason . how prove i that ? by the statute of . of h. . ca. . wherein you shall find no words at all of making any new case of treason which was not treason before , but onely of ordaining a forme of triall , ergo it was treason before . and if so , then the law of england workes in forraine parts . so of contempts , if the king send his privy seale to any subject beyond the seas , commanding him to returne , and hee disobey ; no man will doubt , but there is a contempt , and yet the fact enduring the contempt was committed in forraine parts . therefore the law of england , doth extend to acts or matters done in forraine parts . so of reward , priviledge or benefit wee need seeke no other instance ; then the instance in question , for i will put you a case that no man shall deny , where the law of england doth worke and conferre the benefit of naturalization upon a birth neither within the dominions of the kingdome , nor king of england . by the statute of . e. . which , if you will beleeve hussey , is but a declaration of the common law , all children borne in any parts of the world , if they be of english parents , continuing at that time , as liege subjects to the king , and having done no act to forfeit the benefit of their allegeance are ipso facto naturalized . nay if a man looke narrowly into the law in this point , he shall find a consequence , that may seeme at the first strange , but yet cannot well be avoided ; which is that it divers families of english-men and women plant themselves at middleborough or at roane , or at lysoone , and have issues , and their deseendents doe intermarry , amongst themselves without any intermixture of forraine blood ; such descendents are naturalized to all generations , for every generation is still of liege parents , and therefore naturalized . so as you may have whole tribes , and lineages of english in forraine countries . and therefore it is utterly untrue that the law of england cannot operate , of conferre naturalization , but onely within the bounds of the dominions of england . to come now to their inferences upon statutes . the firstis out of this statute which j last recyted . in which statute it is said , that in foure severall places , there are words ; borne within the allegeance of england ; or againe borne without the allegeance of england , which ( say they ) applies the allegeance to the kingdome , and not to the person of the king . to this the answer is easie : for there is not trope of speech more familiar then to use the place of addition for the person . so we say commonly the lyne of yorke , or the lyne of lancaster , for the lynes of the duke of yorke or the duke of lancaster . so we say the possessions of sommerset or warmick intending the possessions of the dukes of sommerset , or earles of warmick . so we seeearles signe , salisbury , northampton , for the earles of salisbury or northampton . and in the very same manner , the statute speakes , allegeance of england , for allegeance of the king of england . nay more if there had been no variety in the penning of that statute , this collect - on had had a little more force , for those words might have beene thought , to have been used of purpose , and in propriety ; but you may find in three other severall places of the same statute , allegeange and obeysance of the king of england , and specially in the materiall and concluding place , that is to say , children whose parents were at the time of their birth , at the faith and obeysance of the king of england , so that is manifest by this indifferent and indifferent use of both phrases , the one proper , the other unproper , that no man can ground any inferēce upon these words without danger of cavillation . the second statute out of which they inferre , is a statute made in . of h. . ca. touching the policy of strangers trades men within this realme . for the parliament finding , that they did eate the englishmen out of trade , and that they entertained no apprentizes , but of their o vne nation , did prohibite that they should receive any . apprentize , but the kings subjects . in which statute is said , that in . severall places , there is to be found this context of words , aliens 〈◊〉 〈◊〉 of the kings obedience ; which is pregnant ( say they ) and doth imply that there bee aliens borne within the kings obedience . touching this inference i have heard it said q●i haeret in litera , baeret in cortice , but this is not worthy the name , of cortex , it is but muscus 〈◊〉 , the mosse of the barke . for it is evident that the statute meant to speake clearely and without equivocation , and to a common understanding . now then there are aliens in common reputation & aliens in precise construction oflaw , the statute then meaning not to comprehend irish-men , or ge●sie-men , or calize-men , for explanation sake , left the word alien might be extended to them in a vulgar acceptance , added those further words , borne out of the kings obedience ? nay , what if we should say , that those words according to the received lawes of speech , are no words of difference or limitation , but of declaration or description of an alien , as if it had beene said with a videlicet , aliens ; that is such as are borne out of the kings obedience : they cannot put us from that construction . but sure i am , if the barke make for them , the pyth makes for us , for the priviledge or liberty which the statute meanes to deny to aliens of entertaining apprentizes is denyed to none , borne within the kings obedience , call them aliens or what you will . and therefore by their reason a post-natus of scotland shall by that statute keepe what stranger apprentizes he will , and so is put in the degree of an english . the third statute out of which inference is made , is the statute of . e. . ca. solo , which hath been said to be our very case , and i am of that opinion too , but directly the other way , therefore to open the scope and purpose of that statute . after that the title to the crowne of france , was devolute to k. e. . & that he had changed his stile , changed his armes , changed his seale , ( as his majestie hath done ) the subject of england ( saith the statute ) conceived a feare that the realme of england might become subject to the realme of france , or to the k. as k. of france . and i will give you the reasons of the double feare , that it should become subject to the realme of france they had this reason of feare : normandy had conquered england ; normandy was feudall of france , therefore because the superiour seignery of france was now united in right with the tenancy of normandy , and that england , in regard of the conquest might be taken as a perquisite to normandy , they had propable reason to feare , that the kingdome of england might be drawne to be subject to the realme of france . the other feare that england might become subject to the k. as k. of france grew no doubt of this fore-sight , that the kings of england might be like to make their mansion and seate of their estate in france , in regard of the climate , wealth , and glory of that kingdome ; and thereby the kingdome of england might be governed by the kings mandates and precepts issuing , as from the king of france . but they will say what soever the occasion was , here you have the difference authorised of subjection to a k. generally , and subjection to a king , as k. of a certaine kingdome , but to this i give an answer three-fold . first , it preffeth not the question ; for doth any man say that a post-natus of scotland is naturalized in england , because he is a subject of the king , as k. of england ? no , but generally , because he is the k. subject . secondly , the scope of this law is to make a distinction between crown , and crown ; but the scope of their argument is to make a difference betweene crowne and person . lastly , this statute ( as i said ) is our very case retorted against them , for this is a direct statute of separation , which presupposeth that the common law had made an union of the crownes in some degree , by vertue of the vnion in the kings person ● if this statute had 〈◊〉 beene made to stop & crosse the course of the common law in that point , as if scotland now should be suitors to the king , that an act might passe to like effect , and upon like feare . and therefore if you will make good your distinction , in this present case ; shew us a statute for that . but i hope you can shew no statute of separation betweene england and scotland . and if any man say , that this was a statute declaratory of the cōmon law , he doth not marke how that is penned : for after a kind of historicall declaration in the preamble , that england was never subject to france , the body of the act is penned thus : the king doth grant and establish , which are words meerly introductive novae legis as if the king gave a charter of franchise , and did invest by a donative , the subjects of england with a new priviledge or exemption , which by the cōmon law they had not . to come now to the booke-cases which they put : which i will couple together because they receive one joynt answere . the first is . of e. . fo. where the booke saith : exception was taken that the plaintife was borne in scotland at rosse , out of the allegeance of england . the next is . h. . fo. . adrians case , where it is pleaded that a woman was borne at burgis , out of the allegeance of england . the third is . eliz. dyer fo. where the case begins thus : doctor story qui notorie dignoscituresse subditus regni angliae . in all these three ( say they ) that is pleaded that the party is subject of the kingdome of england , and not of the king of england . to these bookes i give this answer , that they be not the pleas at large , but the words of the reporter , who speakes compendiously and narrative , and not according to the solemne words of the pleading . if you find a case put , that it is pleaded , a man was seized in fee . simple , you will not inferre upon that , that the words of the pleading were in fe●do simplici ; but sibi & haeredibus suis . but shew mee some president of a pleading at large of natus sub legeantia regni angliae ; for whereas mr. vvalter said that pleadings are variable in this point , he would faine bring it to that ; but there is no such matter : for the pleadings are constant , and uniforme in this point ; they may vary in the word fides , or legeantia , or obedientia , and some other circumstances , but in the forme of regni and regis , they vary not : neither can there , as j am perswaded be any one instance shewed forth to the contrary . see . eliz. . baggots assize , f. . where the pleading at large is entred in the booke ; there you have , alienigena natus extra legeantiam domini regis angliae . see the presidents in the booke of entries , pl. . and two other places ; for there be no more , and there you shall find still sub legeantia domini regis , or extra legeantiā domini regis . and therefore the formes of pleading , which are things so reverend , and are indeed towards the reasons of the law , as palma , and pugnus , conteyning the reason of the law , opened or unfolded , or displayed , they makeall for us . and for the very words of reporters in bookes , you must acknowledge and say , ilicet obruimur numera . for you have ass. pl. . . 〈◊〉 . the pryor of ske●●es case pl. . . h. . f. . . h. . f. . . h. . in my lord dyer , fol. . in all these bookes , the very words of the reporters have the allegeance of the king , and not the allegeance of england . and the booke in the . of eltz. . which is your best booke , although while it is tossed at the bar , you have sometimes the word allegeance of england , yet when it comes to thorpe chiefe iustice to give the rule , he faith ; we will be certified by the role , whether scotland be within the allegeance of the king . nay that further forme of pleading beateth downe your opinion . that it sufficeth not to say , that he is borne out of the allegeance of the king , and stay there , but he must shew in the affirmative under the allegeance of what king , or state he was borne . the reason whereof cannot be because it may appeare , whether he be a friend or an enemy , for that in a reall action is all one : not it cannot be because issue shal be taken thereupon ; for the issue must arise on the other side upon indigena pleaded and traversed . and therefore it can have no other reason , but to apprise the court more certainly , that the countrey of the birth is none of those , that are subject to the king . as for the tryall , that it should be impossible to de tryed ; i hold it not worth the answering ; for the ovenire facias , shall goe either where the naturall birth is laid , although it be but by fiction , or if it be laid according to the truth , it shal be tryed where the action is brought , otherwise you fall upon a maine : rock , that breaketh your argument in pieces , for how should the birth of an irish-man be tryed , or of gersie man ? nay how should the birth of a subject be tryed that is borne of english parents in spain or florence , or any part of the world ? for to all these the like objection of tryall may be made , because they are within no counties , and this receives no answer . and therefore i will now passe on to the second maine argument . it is a rule of the civill law , say they , cum duo jura , &c. when two rights doe meete in one person there is no confusion of them , but they remain still in eye of law distinct , as if they were in severall persons , and they bring examples of one man bishop of two seas , or one person that is rector of two churches . they say this unity in the bishop , or the rector doth not create any privity between the parishioners or dioceseners , more then if there were severall bishops , or severall parsons . this rule i allow ( as was said ) to be a rule not of the civill law onely , but of common reason , but receiveth no forced or coyned , but a true and sound distinction , or limitation , which is , that it evermore faileth and deceiveth in cases , where there is any vigor , or operation of the naturall person ; for generally in coporations the naturall body is but suffulcimentum corporis corporati , it is but as a stock to uphold and beare out the corporate body , but otherwise it is in the case of the crown , as shall be manifestly proved in due place . but to shew that this rule receiveth this distinction , i will put but two cases . the statute of the . hen. . ordaineth that a marquesse may retaine sixe chaplaines qualified , a lord treasurer of england foure , a privie counsellour three . the lord treasurer paulet was marqueffe of winchester , lord treasurer of england and privie counsellor all at once . question was whether hee should qualifie . chaplaines . now by the rule cum duo iura , he should ; but adjudged , he should not . and the reason was because the attendance of chaplaines concerned and respected his naturall person , he had but one soule , though he had three offices . the other case which i will put , is the case of homage , a man doth homage to his lord for a tenancie held of the mannor of dale , there descendeth unto him afterwards a tenancie held of the mannor of sale , which mannor of sale is likewise in the hands of the same lord . now by the rule cum duo jura , he should doe homage againe , two tenancies and two seignories , though but one tenant , and one lord , aequum est ac si esset in duobus . but ruled that he should not doe homageagaine : nay in the case of the king , hee shall not pay a second respect of homage , as upon grave and deliberate consideration it was resolved , . h. . and vsus scaccarii ; as is there said accordingly . and the reason is no other but because when a man is sworne to his lord , hee cannot be sworne over againe , he hath but one conscience , and the obligation of this oatli , trencheth betweene the naturall person of the tenant , and the naturall person of the lord . and certainly the case of homage and tenure , and of homage liege , which is one case , are things of a neere nature , save that the one is much inferiour to the other , but it is good to behold these great matters of state in cases of lower element , as the eclipse of the sun is used to be in a paile of water . the third maine argument conteyneth certain supposed inconveniences , which may ensue of a generall naturalization ipso jure , of which kind three have bin specially remembred . the first is the losse of profit , to the king upon letters of denization , and purchases of aliens . the second is the concourse of scottishmen into this kingdome , to the infeebling of that realme of scotland in people , and the impoverishing of this realme of england in wealth . the third is , that the reason of this case stayeth not within the compasse of the present case ; for although it were some reason that scottishmen were naturalized being people of the same iland and language , yet the reason which we urge , which is , that they are subject to the same king , may be applyed to persons every way more estranged from us then they are , as if in future time in the kings descendents , there should be a match with spaine , and the dominions of spaine should bee united with the crowne of england by one reason ( say they ) all the vvest-indies should be naturalized ; which are people not onely , alterius soli but alterius caeli . to these conceits of inconvenience , how easie it is to give answer , and how weake they are in themselves , i thinke no man that doth attentively ponder them can doubt ; for how small revenue can arise of such denizations , and how honourable it were for the king to take escheats of his subjects , as if they were forreyners ( for seisure of aliens lands are in regard the king hath no hold or command of their persons , and services ) every one may perceive . and for the confluence of scottishmen , i thinke wee all conceive the spring-tide is past at the kings first comming in . and yet wee see very few families of them , throughout the cities & boroughes of england . and for the naturalizing of the indies , we can readily helpe that , when the case comes ; for we can make an act of parliament of separation if we like not their consort . but these being reasons politique , and not legall ( and we are not now in parliament , but before a judgment seate ) i will not meddle with them , specially since i have one answer which avoids and confounds all their objections in law , which is that the very self-same objections doe hold in countreyes purchased by conquest . for in subjects obtained by conquest , it were more profit to indenizate by the poll , in subjects obteyned by conquest , they may come in too fast . and if king hen. . had accepted the offer of christopher columbus , whereby the crowne of england had obteyned the indies by conquest or occupation , all the indies had bin naturalized by the confession of the adverse part . and therfore since it is confessed , that subjects obteyned by conquest are naturalized , & that all these objections are common and indifferent , as well to case of conquest , as case of descent , these objections are in themselves destroyed . and therefore to proceed now to overthrow that distinction of descent and conquest . plato saith well , the strongest of all authorities is , if a man can alledge the authority of his adversaries against him selfe , we doe urge the confession of the other side , that they confessed the irish are naturalized , that they confesse the subjects of the iles of gersie and garnsey , and barwick to be naturalized , and the subjects of calice and tourney when they were english were naturalized , as you may find in the . e. in dyer , upon the question put to the judges by sir nicholas bacon lord keeper . to avoid this , they flye to a difference , which is new coyned , and is ( i speake not to the disadvantage of the persons that use it ; for they are driven to it tanquam ad ultimum refugium , but the difference it selfe ) it is i say full of ignorance and error . and therefore to take a view of the supports of this difference , they alledge foure reasons . the first is , that countreyes of conquest , are made parcell of england ; because they are acquired by the armes and treasure of england . to this i answer , that it were a very strange argument , that if i waxe rich upon the mannor of dale , and upon the revenue thereof purchase a close by it , that it should make that parcell of the mannor of dale . but i will set this new learning on ground with a question or case put . for j oppose them that hold this opinion with this question , if the king should conquer any forreigne countrey by an army compounded of english-men and scottish-men , as it is like whensoever warres are , so it will be . i demand whether this countrey conquered shall qe naturalized both in england and scotland , because it was purchased by the joynt armes of both ? and if yea , whether any man will thinke it reasonable , that such subjects bee naturalized in both kingdomes , the one kingdome not being naturalized towards the other ? these are the intricate consequences of conceits . a second reason they alledge , is , that countreyes won by conquest become subject to the lawes of england , which countries patrimoniall are not , and that the law doth draw the allegeance , and allegeance naturalization . but to the major proposition of that argument , touching the dependancy of aliegeance upon law , somewhat hath bin already spoken , and full answer shal be given when we come to it . but in this place it shall suffice to say , that the minor proposition is false , that is , that the lawes of england are not superinduced upon any countrey by conquest ; but that the old lawes remaine untill the king by his proclamation or letters pattents declare other lawes , and then if he will , hee may declare lawes which be utterly repugnant , and differing from the lawes of england . and hereof many antient presidents and records may be shewed ; that the reason why ireland is subject to the lawes of england is not ipso jure upon conquest ; but grew by acharter of k. john , and that extended but to so much as was then in the kings possession , for there arerecords in the time of king . s. and of divers particular grants to sundry subjects of ireland , and their heires , that they might use and observe the lawes of england . the third reason is , that there is a politique necessity of intermixture of people in case of subjection , by conquest to remove alienations of mind , & to securo the stato , which holdeth not in case of descent . here i perceive mr. 〈◊〉 hath read somewhat in matter of state , and so have i likewise , though we may both quickly lose ourselves in cause of this nature . i find by the best opinions , that there bee two meanes to assure and retaine in obedience countreyes conquered , both very differing , almost in extreames the one towards the other . the one is by colonies , and intermixture of people , and transplantation of families , which mr. walter spoke off , and it was indeed the romane manner but this is like an old relique , much reverenced and almost never used . but th'other which is the modern manner , and almost wholly in practice & use , is by garrisons and citadelles , and lists or companies of men of warre , and other like matters of terrour and bridle . to the first of these ( which is little used ) it it true that naturalization doth conduce , but to the latter it is utterly opposite , as putting too great pride , and meanes to do hurt , in those that are meant to be kept short and low . and yet in the very first case of the romane proceeding , naturalization did never follow by conquest , during all the growth , of the romane empire , but was ever conferred by charters , or donations , sometimes to cities , and townes , sometimes to particular persons , & sometimes to nations , untill the time of adrian the emperour , and the law in orbe romano , and that law or constitution is not referred to title of conquest and armes onely , but to all other titles ; as by the donation and testament of kings , by submission and dedition of states , or the like . so as this difference was as strange to them , as to us . and certainly i suppose it will sound strangely in the hearing of forreigne nations , that the law of england should ipso sacto , naturalize subjects of conquest , and should not naturalize subjects , which grow unto the king by descent ; that is , that it should conferre the benefit and priviledge of naturalization upon such , as cannot at the first but beare hatred and rancor to the state of england , and have had their hands in the bloud of the subjects of england , and should deny the like benefit to those that are conjoyned with them by a more amiable meane : and that the law of england , should conferre naturalization upon slaves and vassals ( for people conquered are no better in the beginning ) and should deny it to free-men : i say it will be marvelled at abroad , of what complexion the lawes of england bee made , that breedeth such differences . but there is little danger of such scandals ; for this is a difference , that the law of england never knew . the fourth reason of this difference is , that in case of conquest , the territory united can never be separated againe . but in case of descent , there is a possibility , if his majesties line should faile , the kingdomes may severe againe to their respective heires , as in the case of . h. . where it is said , that if land descend to a man , from the ancestor , on the part of his father , and a rent issuing out of it , from an ancestor , on the part of the mother , if the party dye without issue , the rent is revived . as to this reason , i know well the continuance of the kings line , is no lesse deare to those , that alleadge the reason , then to us that confute it . so as i doe not blame the passing of the reason ; but it is answered with no great difficulty ; for first the law doth never respect remote and forrein possibilities , as noteably appeared in the great case betweene sir hugh cholmley , and houlford in the exchequer , where one in the remainder , to the end to bridle tenant in tayle from suffering a common recovery , granted his remainder to the king , and because he would be sure to have it out again , without charge or trouble , when his turne was served ; he limitted it to the king , during the life of tenant in tayle . question grew whether this grant of remainder were good , yea or no . and it was said to be frivolous and void , because it could never by any possibility execute ; for tenant in tayle cannot surrender , and if he dyed , the remainder likewise ceased . to which it was answered , that there was a possibility , that it might execute , which was thus ; put case that tenant in tayle should enter into religion having no issue : then the remainder should execute , and the king should hold the land during the naturall life of tenant in tayle , notwithstanding his civill death . but the court una vate exploded this reason , and said , that monasteries were downe , and entries into religion gone ; and they must be up againe ere this could be , and that the law did not respect such remote , and forreine possibilities , & so we may hold this for the like ; for i think we all hope , that neither of those days shall ever come , either for monasteries to be restored , or for the k. line to faile , but the true answer is , that the possibility subsequēt , remote , or not remote doth not alter the operatiō of law for the present . for that should be , as if in case of the rent which you put , you should say , that in regard , that the rent maybe severed , it should be said , to be in esse in the meane time , and should be grantable , which is cleerely otherwise . and so in the principall cafe , if that should be ( which god of his goodnesse forbid ) cessante causa , cessat effectus , the benefit of naturalization for the time to come is dissolved . but that altereth not the operation of the law . rebus sic stantibus . and therefore i conclude , that this difference is but a devise full of weaknesse and ignorance : and that there is one , and the same reason of naturalizing subjects by descent , and subjects by conquest , and that is the union in the person of the king ; and therefore that the 〈◊〉 of scotland is as cleere , as that of ireland , and they that grant the one , cannot deny the other . and so i conclude the second part , touching confutation . to proceed therefore to the prooses of our part , your lordships cannot but know many of them must be already spent , in the answer which we have made to the objections . for corruptio unius , generatio alterius , holdes aswell in arguments , as in nature , the destruction of an objection begets a proofe . but neverthelefse , i will avoid all iteration , least i should seem either to distract your memories , or to abuse your patience ; but will hold my selfe onely to these proofs , which stand substantially of themselves , and are not intermixed with matter of confutation . i will therefore prove unto your lordships , that the post-natus of scotland is by the law of england nat●rall , and ought fo to be adjudged by three courses of proofe . . bi●●t upon point of favour of law . . secondly , upon reasons and authorities of law . . and lastly , upon former presidents & examples . favour of law , what meane j by that ? the law is equall , and favoureth not : it is true , not persons : but things or matters it doth favour . is it not a common principle , that the law favoureth three things , life , liberty , & dower ? and what is the reason of this favour ? this , because our law is grounded upon the law of nature . and these three things doe flow from the law of nature , preservation of life naturall , liberty , which every beast or bird seeketh and affecteth naturally , the society of man and wife , whereof dower is the reward naturall . it is well , doth the law favour liberty so highly , as a man shall infranchise his bondman , when hee thinketh not of it , by granting to him , lands or goods ? and is the reason of it , quia natura omnes homines erant liberi ? and that servitude or villenage , doth crosse and abridge the law of nature ? and doth not the selfe-same reason hold in the present case ; for my lords by the law of nature , all men in the world are naturalized one towards another , they were all made of one lumpe of earth , of one breath of god , they had the same common parents . nay at the first they were , as the scripture sheweth , unius labii , of one language , untill the curse , which curse ( thankes be to god ) our present case is exempted from . it was ciuill and nationall lawes , that brought in these words , and differences of civis and exterus , alien & native and therefore because they tend to abridge the law of nature , the law favoureth not them , but takes them strictly , even as our law hath an excellent rule , that customes of townes & burroughes shall be taken and construed strictly & precisely , because they doe abridge and derogate from the law of the land . so by the same reason all nationall lawes whatsoever , are to be taken strictly and hardly in any point wherein they abridge , and derogate from the law of nature . whereupon i conclude that your lordships cannot judge the law for the other side , except the case be luce clarius . and if it appeare to you but doubtfull , as i thinke no man in his right senses but will yeeld it , to be at least doubtfull , then ought your lordships ( under your correction be it spoken ) to pronounce for us because of the favour of the law . furthermore as the law of england must favour naturalization , as a branch of the law of nature : so it appeares manifestly , that it doth favour it accordingly . for is it not much to make a subject naturalized ? by the law of england , it should suffice , either place or parents , if he be born in england , it is matter no though his parents be spanyards , or what you will . on th'other side , if he be borne of english parents , it skilleth not though he be borne in spaine , or in any other place of the world . in such sort doth the law of england open her lappe to receive in people to be naturalized , which indeed sheweth the wisedome and excellent composition of our law . and that it is the law of a warlike and magnanimous nation , sit for empire . for looke , and you shall find that such kind of estates have been ever liberall in point of naturalization : whereas marchant-like and envious estates have bin otherwise . for the reasons of law joyned with authorities , i doe first observe to your lordships , that our assertion or affirmation is simple and plaine : that it sufficeth to naturalization , that there be one king , and that the party be , natus ad sidem regis , agreeable to the definition of littleton : which is . alien is he which is born out of the allegeance of our lord the king . they of th'other side speak of respects , and quoad and quatenus , and such subtilties and distinctions . to maintaine therefore our assertion , j will use three kindes of proofes . the first is , that allegeance cannot be applyed to the law or kingdome , but to the person of the king , because the allegeance of the subject is more large and spatious , and hath a greater latitude , and comprehension , then the law or the kingdome . and therefore it cannot be a dependency of that , without the which it may of it selfe subsist . the second proofe which i will use , is , that the naturall body of the king hath an operation and influence into his body politique , aswell as his body politique hath upon his body naturall , and therefore that although his body politique of king of england , and his body politique of king of scotland be soverall and distinct : yet neverthelesse , his naturall person , which is one , hath an operation upon both , and createth aprivity betweene them . and the third proofe is the binding text of five severall statutes . for the first of these i shall make it manifest , that the allegeance is of a greater extent , and dimension , then lawes or kingdome , and cannot confist by the lawes meerely , because it began before laws , it continueth after lawes , and it is in vigour where lawes are suspended , and have not their force . that it is more antient then law , appeareth by that which was spoken in the beginning by way of inducement where i did endeavour to demonstrate , that the originall age of kingdomes was governed by naturall equity , that kings were more antient then law-givers , that the first submissions were simple , and upon confidence to the person of kings , and that the allegeance of subjects to hereditary monarchies , can no more be said to consist by lawes , then the obedience of children to parents . that allegeance continueth after lawes , i will onely put the case , which was remembred by two great judges in a great assembly , the one of them now with god , which was : that if a king of . england should be expalsed his kingdome , and some particular subjects should follow him in flight , or exile in forreigne parts , and any of them there should conspire his death , that upon his rocoveryof his kingdome ; such a subject might by the law of england be proceeded with ; for treason committed and perpetrated at what time he had no kingdome , and in place wher ethe law did not bind . that allegeance is in vigour and force , where the power of law hath a cessation appeareth notably in time of warres , for silent leges inter arma . and yet the soveraignty , and imperiall power of the king , is so farre , from being then extinguished , or suspended ; as contrariwsse it is raised , and made more absolute , for then he may proceed by his supreame authority , and martiall law without observing formalities of the lawes of his kingdome . and therefore whosoever speaketh of lawes , and the kings power by lawes , and the subjects obedience , or allegeance to lawes , speake but of one halfe of the crowne . for bracton out of justinian doth truly define , the crowne to consist of lawes and armes , power civill and martiall , with the latter whereof the law doth not intermeddle , so as where it is much spoken that the subjects of england are under one law , and the subjects of scotland are under another law , it is true at edenborough or sterling , or againe in london , or yorke ; but if englishmen and scottishmen meet in an army royall before calice . i hope then they are under one law . so likewise not onely in time of warre , but in time of peregrination : if a king of england travaile , or passe through forraine territories ; yet the allegeance of his subjects followeth him , as appeareth in that not able case which is reported in 〈◊〉 , where one of the traine of k. ed. i. as be past through france from the holy land , imbezelled some silver plate at paris , and jurisdiction was demanded of this crime by the french kings counsell at law . 〈◊〉 〈◊〉 , and demanded likewise by the officers of k. edw. ratione personae , and after much solemnity and contestation and interpleading , it was ruled and determined for king edward , and the party tryed and judged before the knight marshall of the kings house , and hanged after the english law , and execution in st. germaines meadovves : and so much for my first proofe . for my second maine proofe ; that is drawn from the true & legall distinction of the kings severall capacities ; for they that maintaine the contrary opinion , doe in effect destroy the whole force of the kings naturall capacity , as if it were drowned and swallowed up by his politique . and therefore i will first prove to your lordships , that his two capacities are in no sort confounded ; and secondly , that as his capacity politique worketh so upon his naturall person , as it makes it differ from all other the naturall persons of his subjects : so è converso , his naturall body worketh so upon his politique , as the corporation of the crowne utterly differeth from all other corporations within the realme . for the first i will vouch you the very words which i find in that notable case of the dutchie , where the question was , whether the grants of king ed. . for dutchy lands should be avoyded in points of nonage . the case , as your lordships know well , is reported by mr. plowden , as the generall resolution of all the judges of england , and the kings learned counsell , ruswell the solicitour , onely except , there i find the said words , comment . fol. . there is in the king not a body naturall alone , nor a body politique alone , but a body naturall and politique together , ●●●pus corporatum in corpore naturali , & corpus naturale in corpore corporato . the like i find in the great case of the lord barkeley set downe by the same reporter , comment fol. . though there be in the king two bodies , and that those two bodies are conjoyned ; yet are they by no meanes confounded the one by the other . now then to see the mutuall and reciprocall entercourse , as i may terme it , or influence , or communication of qualities that these bodies have one upon the other . the body politique of the crowne indueth the naturall person of the king with these perfections . that the king in law shall never be said to be within age ; that his blood shall never be corrupted ; and that , if he were attainted before , the very assumption of the crown purgeth it . that the k. shall not take but by matter of record , although he take in his naturall capacity , as upon a guift in taile . that his body in law shall be said to be as it were immortall , for there is no death of the king in law , but a demise as it is tearmed ; with many other the like priviledges , and differences from other naturall persons too long to rehearse , the rather because the question laboureth not in that part . but on the contrary part , let us see what oporations the kings naturall person hath upon his crowne and body politique : of which the chiefest and greatest is , that it causeth the crowne to goe by descent , which is a thing strange , and contrary to the course of all corporations , which evermore take in succession , and not by descent , for no man can shew mee in all the corporations of england , of what nature soever , vvhether they consist of one person , or of many : or whether they be temporall or ecclesiasticall , any one takes to him and his heires , but all to him and his successours ; and therefore here you may see what a weake course that is , to put cases of bishops and parsons , and the like , and to apply them to the crowne . for the king takes to him and his heires in the manner of a naturall body , and the word successours is but superfluous , and where that is used that is ever duly placed after the words heires . the king , his heires and successours . againe no man can deny but vxor & filius sunt nomina naturae . a corporation can have no wife ; nor a corporation can have no sonne ; how is it then , that it is treason to compasse the death of the queene , or of the prince . there is no part of the body politique of the crovvne in either of them , but it is entirely in the king . so likewise we find in the case of the lord barkeley , the question was whether the statute of . h. . for that part which concerned queene katherine pars joynture were a publique act or no , of which the judges ought to take notice , not being pleaded : and judged a publique act. so the like question came before your lordship , my lord chancellour , in serjeant . heales case : whether the statute of . of ed. concerning the intayling of the dukedome of cornewall to the prince vvere a publique act or no ; and ruled likewise a publique act. why ? no man can affirme , but these be operations of lavv , proceeding from the dignity of the naturall person of the king : for you shall never find that another corporation vvhatsoever of a bishop or master of a colledge , or major of london , vvorketh any thing in lavv upon the vvife , or sonne of the bishop or the major . and to conclude this point and vvithall to come neere to the case in question , i will shew you where the naturall person of the king hath not onely an operation in the case of his wife and children , but likewise in the case of his subjects , which is the very question in hand : as for example , i put this case , can a scottishman who is a subject to the naturall person of the king , and not to the crowne of england , can a scottishman , i say , be an enemy by the lavv to the subjects of england , or must he not of necessity , if he should invade england , be a rebell , and no enemy not onely as to the king , but as to the subject ? or can any letters of marte or reprisall be granted against a scottishman , that should spoyle an english-mans goods at sea , and certainly this case doth presse exceeding neere the principall case , for it prooveth plainly , that the naturall person of the king , hath such a communication of qualities with his body politique ; as it makes the subjects of either kingdomes stand in another degree of privity one towards the other ; then they did before . and so much for the second proofe . for the five acts of parliament which i spoke of which are concluding to this question ? the first of them is , that concerning the banishment of hugh spencer in the time of king ed. . in which act there is contained , the charge , and accusation whereupon his exile proceeded . one article of which charge is set downe in these words . homage and oath of the subject is more by reason of the crowne , then by reason of the person of the king . so that if the king doth not guide himselfe by reason in right of the crowne , his lieges are bound by their oath to the crowne to remoove the king . by which act doth plain'y appeare the perilous consequence of this distinction concerning the person of the king , and the crowne . and yet j doe acknowledge justice , and ingeruously a great difference betweene that assertion and this , which is now maintained : for it is one thing to make things distinct , another thing to make them separable , aliud est distinctio , aliud separatio , and therefore j assure my selfe , that those , that now use and urge that diftinction dee as firmely hold , that the subjection to the kings person , and to the crowne , are inseparable , though distinct , as i doe . and it is true that the poyson of the opinion , & assertion of spencer is like the poyson of a scorpion , more in the taile then in the body : for it is the inference that they make which is , that the king may be deposed or removed , that is , the treason and dislayalty of that opinion : but by you leave the body is never a whit the more wholesome meare , for having such a tayle belonging to it : therefore we see that is locus lubricus , an opinion from which a man may ea●ly slide into an absurdity . but upon this act of parliament , i will onely note one circumstance more , and so leave it , which may adde authority unto it in the opinion of the wisest , and that is , that these spencers , were not ancient nobles or great patriots that were charged and prosecuted by upstarts and favourites : for then that might be said that it was but the action of some flatterers , who use to extoll the power of monarches to be infinite , but it was contrary ; a prosecution of those persons being favourites by the nobility , so as the nobility themselves which seldome doe subscribe to the opinion of an infinite power of monarches . yet even they could not endure , but their blood did rise to heare that opinion : that subjection is owing to the crowne , rather then to the person of the king . the second act of parliament which determined this case , is the act of recognition in the first yeare of his majestie , wherein you shall find , that in two severall places , the one in the preamble , the other in the body of the act , the parliament doth recognize , that these two realmes of england and scotland are under one imperiall crowne . the parliament doth not say under one monarchie or king which mought referre to the person , but under ono imperiall crowne , which cannot be applyed but to the soveraigne power of regiment , comprehending both kingdomes . and the third act of parliament is the act made in the fourth yeare of his majesties raigne for the abolition of hostile lawes , wherein your lordships shall find likewise in two places , that the parliament doth acknowledge , that there is an union of these two kingdomes already begun in his majesties person . so as by the declaration of that act , they have not onely one king , but there is an union in inception in the kingdomes , themselves . these two are judgements in parliament by way of declaration of law , against which no man can speake . and certainly these are righteous and true iudgements to be relyed upon ; not onely for the authority of them , but for the verity of them , for to any that shall well , and deeply weigh the effects of law upon this conjunction , it cannot but appeare , that although partes integrales of the kingdome ( as the philosophers speake ) such as the lawes , the officers , the parliament are not yet commixed ; yet neverthelesse there is but one , and the selfe-same fountaine of soveraigne power depending upon the ancient submission , whereof i spake in the beginning , and in that sense , the crownes and the kingdomes are truly said to be united . and the force of this truth is such , that a grave and learned gent. that defended the contrary opinion , did confesse thus farre : that in ancient times when monarchies ( as he said ) were but heapes of people , without any exact forme of policy , that the naturalization and communication of priviledges did follow the person of the monarch . but otherwise since states were reduced to a more exact forme : so as thus farre we did consent ; but still i differ from him in this , that those more exact formes wrought by time , and custome , and lawes , are neverthelesse still upon the first foundation , and doe serve onely to perfect and corroborate the force and bond of the first submission , and in no sort to disanullor destroy it . and therefore with these two acts doe j likewise couple the act of . ed. . which hath beene alleadged of the other side . for by collating of that act with this former too , the truth of that we affirme will the more evidently appeare , according unto the rule of reason : opposita juxta se posita magis elucescunt . that act of . is an act of separation . these two acts formerly recited are acts tending to union . this act is an act that maketh a new law , it is by the words of grant and establish , these two acts declare the common law , as it is , being by words of recognition and confession . and therefore upon the difference of these lawes you may fubstantially ground this position . that the common-law of england upon the adjunction of any kingdome unto the king of england , doth make some degree of union in the crownes , and kingdomes themselves : except by a speciall act of parliament they be dissevered . lastly , the . act of parliament , which i promised is the act made in the . of e. . cap. ● . . which is expresse decision of the point in question . the words are , item , ( upon the petition put into parliament by the commons , ) that infants borne beyond the seas in the seignories of callice , and elsewhere within the lands and seignories that pertain to our soveraign lord the king beyond the seas , bee as able and inheritable of their heritage in england , as other infants borne within the realme of england , it is accorded that the common-law and the statute formerly made be holden . upon this act , j inferre thus much , first that such as the petition mentioneth , were naturalized , the practice shewes ; then , if so , it must be either by common-law , or statute ; for so the words report , not by statute ; for there is no other statute , but . of e. . and that extends to the case of birth out of the kings obedience , where the parents are english , ergo it was by the common-law , for that onely remaines . and so by the declarations of this statute at the common-law . all infants borne within the lands and seignories ( for i give you the very words againe ) that pertaine to our soveraigne lord the king , it is not said , as are the dominions of england , are as able and inheritable of their heritage in england , as other infants borne within the realme of england : what can be more plaine ? and so i leave statutes , and goe to presidents ; for though the one doe bind more , yet the other sometimes doth satisfie more . for presidents in the producing & using of that kind of proofe , of all others it behoveth them to be faithfully vouched ; for the suppressing or keeping back of a circumstance may change the case , and therefore j am determined to urge only such presidents , as are without all colour or scruple of exception , or objection , even of those objections which i have , to my thinking fully answered & confuted . this is now , by the providence of god the fourth time that the line , and kings of england have had dominions & seignories united unto them , as patrimonies , and by descent of bloud ; foure unions i say there have bin inclusive with this last . the first was of normandy in the person of william commonly called the conqueror . the d . was of gascoyne , and guienne , and anjou in the person of k. hen. the d . in his person i say , though by severall titles . the . was of the crowne of france , in the person of k. edw. the third . and the th . of the kingdome of scotland in his majesty . of these i will set aside such , as by any cavillation can be excepted unto . first , j will set aside normādy , because it will be said , that the difference of countryes accruing by conquest , from countryes annexed by descent in matter of communication of priviledges holdeth both wayes , as well of the part of the conquering kingdome , as the conquered . and therfore that although normandy was not conquest of england , yet england was a conquest of normandy , and so a communication of priviledges between them . againe , set aside france , for that it will be said , that although the king had a title in bloud , and by descent , yet that title was executed and recovered by armes : so as it is a mixt title of conquest & descent , and therefore the president not so cleare . there remaines then gascoyne & anjou , and that president , likewise i will reduce and abridge to a time to avoid all question . for it will bee said of them also , that after they were lost and recovered in ore gladii , that the antient title of bloud was extinct & that the king was in upon his new title by conquest , & mr. walter had found a book case , in . of h. . abridged by mr. fitz-herbert , in title of protection , placito . where a protection was cast , ●uia profecturus in gasconiam with the earlo of huntingdon , and challenged because it was not a voyage royall , & the justices thereupon required the sight of the cōmission , which was brought before them , & purported power to pardon felouies , & treason , power to coyn money , & power to conquer them that resist , wherby m. walter finding the word conquest , collected that the kings title at that time was reputed to bee by conquest , wherein i may not omit to give obiter that answer , which law and truth provideth , namely that when any king obreyneth by warre a countrey , whereunto he hath right by birth , that hee is ever in upon his antient right , not upon his purchase by conquest ; and the reason is , that there is as well a judgement and recovery by warre and armes , as by law and course of justice ; for war is a tribunall seat , wherein god giveth the judgment , & the tryall is by battaile , or duell , as in the case of tryall of private right , and then it followes , that whosoever commeth in by eviction , comes in his remitter : so as there will bee no difference in countreyes whereof the right commeth by descent , whether the possession be obtained peaceably or by war , but yet neverthelesse , because i will utterly take away all manner of evasion , & subterfuge , i will yet set apart that part of time in and during , the which , the subjects of gascoyne & guyenne might bee thought to be subdued by a reconquest . and therefore i will not meddle with the prior of shellies case , though it be an excellent case ; because it was in that time , . of e. . neither will i meddle with any cases , records , or presidents , in the time of king h. . or king h. . for the same reason , but will hold my selfe to a portion of time , from the first uniting of these provinces in the time of king h. . untill the time of k. iohn . at what time those provinces were lost , and from that time againe unto the . yeere of the reigne of k. edw. . at what time the statute of proerogativa rogis was made , which altered the law in the point in hand . that both in these times , the subjects of gascoyn and guyenne , and anjou , were naturalized for inheritance in england by the lawes of england . i shall manifestly prove , and the proofe proceeds , as to the former time ( which is our case ) in a very high degree , a minore ad majus , and as we say , a multo fortiore for if this priviledge of naturalization remained unto them when the countreyes were lost , and became subjects in possession to another king : much more did they enjoy it , as long as they continued under the kings subjection . therefore to open the state of this point . after these provinces were through the perturbations of the state in the infortunate time ofk. iohn lost , and severed , the principall persons which did adhere unto the french were attainted of treason , and their efcheats here in england taken and seized . but the people that could not resist the tempest , when their heads and leaders were revolted , continued inheritable to their possessions in england , and reciprocally the people of england inherited and succeeded to their possessions in gascoyne , and were both accounted , ad fidem utriusque regis , untill the statute of proerogativa regis , wherein the wisdome and justice of the law of england is highly to be commended . for of this law , there are two grounds of reason , the one of equity , the other of policy . that of equity was because the common people were in no fault , but as the scripture saith in a like case , quid fecerunt oves iftoe ? it was the cowardise and disloyalty of their governours that deserved punishmēt , butwhat had these sheep done , and therefore to have punish't them , and deprived them of their lands & fortunes had bin unjust . that of policy was , because if the law had forthwith upon the losse of the countreyes by an accident of time pronounced the people for aliens , it had been a kind of cession of their right , and a diselaymer in them , and so a greater difficulty to recover them . and therefore we see the statute , which altered the law in this point , was made in the time of a weake king , that , as it seemed , despaired ever to recover his right , and therefore thought better to have a little present profit by escheats , then the continuance of his claime , and the countenance of his right by the admitting of them to enjoy their inheritances , as they did before . the state therefore of this point , being thus opened , it resteth to prove our assertion that they were naturalized ; for the clearing whereof , i shall need but to reade the authorities , they be so direct and pregnant . the first is the very text of the statute of praerogativa regis . rex habebit escaetas de terris normannorum cujuscunque feodi fuerint , salvo servitio , quod pertinet ad capitales dominos feodi illius , & hoc similiter intelligendum est , si aliqua haereditus descendat alicui nato in partibus transmarinis , & cujus antecefsores fuerunt ad fidem regis franciae , ut tempore regis iohannis , & non ad fidem regis angliae , sicut contigit de baronia monumetae , &c. by which statute it appeares plainly that before the time of king iohn , there was no colour of any escheare , because they were the kings subjects in possession , as scotland now is , but onely it determines the law , from that time forward . this statute if it had in it any obscurity , it is taken away by two lights , the one placed before it , and th'other placed after it , both authors of great credit the 〈◊〉 for antient , th'other for late times . the former is 〈◊〉 in his cap. de exception 〈…〉 , lib. . fol. . and his words are these , est etiam & alia exceptie quae tenenti competitex persona petentis propter defectum nationis , quae dilatoria est , & nonperimit actionem , ut si qnis alienigena qui fuerit ad fidem regis franciae , & actionem instituat versus aliquem qui fuerit ad fidem regis angliae , tali nonrespondeatur saltem donec terrae fuerint communes . by these words it appeareth , that after the losse of the provinces beyond the seas , the naturalization of the subjects of those provinces was in no sort extinguished , but onely was in suspence during time of warre and no longer ; for he saith plainly , that the exception which we call plea to the person of alien , was not peremptory but onely dilatory , that is to say , during the time of war , and untill there were peace concluded , which hee tearmes by these words , donec terrae fuerint communes , which though the phrase seeme somewhat obscure is expounded by bracton himselfe in his fourth booke , fol. . to be of peace made and concluded whereby the inhabitants of england , and those provinces might enjoy the profits and fruits of their lands in either place communiter , that is respectively , or as well the one as th'other : so as it is cleere , they were no aliens in right , but onely interrupted and debarred of suites in the kings courts in time of warre . the authority after the statute , is , that of master stamfords , the best expositor of a statute that hath bin in our law , a man of reverend judgment , & excellent order in his writings , his words are in his expositiō upon the branch of that statute which we read before . by this branch it should appeare , that at this time men of normandy , gascoyne , guienne , anjou , and brittaine were inheritable within this realme , aswell as english-men , because that they were sometimes subjects to the kings of england and under their dominion , untill k. johns time , as is aforesaid , & yet after his time , those men ( saving such whose lands were taken away for treason ) were still inheritable within this realme , till the making of this statute , and in the time of peace betweene the two kings of england , and france , they were answerable within this realme , if they had brought any action for their lands and tenements . so as by these three authorities , every one so plainly pursuing th'other , we conclude that the subjects of gascoyne , guienne , anjou , and the rest from their first union by descent , untill the making of the statute , of praerogativa regis , were inheritable in england , and to be answered in the kings courts in all actions , except it were in time of warre . nay more ( which is de abundante ) that when the provinces were lost , and disannexed , and that the king was but king de jure over them , and not de facto : yet neverthelesse , the priviledge of naturalization continued . there resteth yet one objection , rather plausible to a popular understanding , then any waies forcible in law , or learning , which is a difference taken between the kingdome of scotland , and these dutchies , for that the one is a kingdome , and th'other was not so , and therefore that those provinces being of an inferiour nature , did acknowledge our lawes , and seales , and parliament which the kingdome of scotland doth not . this difference was well given over by mr. walter , for it is plaine , that a kingdome and absolute dukedome , or any other soveraigne estate doe differ honore , and not potestate ; for divers dutchies , and countries that are now , were sometimes kingdomes ; and divers kingdomes that are now , were sometimes dutchies , or of other inferiour style , wherein we neede not travaile abroad since we have in our owne state so notorious an instance of the countrey of ireland , whereof king h. . of late time was the first that writ himselfe king the former style being l. of ireland and no more , and yet kings had the same authority before , that they have had since and the same nation the same marks of a soveraigne state , as their parliaments , their armes , their coynes , as they now have , so as this is too superficiall an allegation labour upon . and if any doe conceive , that gascoyne and guyenne were governed by the lawes of england . first , that cannot be in reason , for it is a true ground , that wheresoever any princes title unto any countrey is by law , he can never change the lawes , for that they create his title : and therefore no doubt those dutchies retained their owne lawes , which if they did , then they could not be subject to the lawes of england and next againe the fact or practize was otherwise , as appeareth by all consent of story and record : for those dutchies continued governed by the civill law , their tryalls by witresses and not by jurie , their lands testamentary , and the like . now for the colours , that some have endeavoured to give , that they should have beene subordinate to the government of england , they were partly weake , and partly such as make strongly against them , for as to that , that writs of habeas corpus under the great seale of england have gone to gascoyne , it is no manner of proofe , for that the kings writs which are mendatory and not writs of ordinary justice may goe to his subjects into any forraine parts whatsoever , and under what seale it pleaseth him to use ; and as to that , that some acts of parliament have beene cited , wherein the parliaments of england have taken upon them to order matters of gascoyne , if those statutes be well looked into , nothing doth more plainly convince the contrary , for they intermeddle with nothing but that that concerneth either the english subjects personally , or the territories of england locally , and never the subjects of gascoyne , for looke upon the statute of . of ed. . ca. . there it is said , that there shall be no fore-stasting of wines , but by whom ? onely by english merchants , not a word of the subjects of gascoyne , and yet no doubt they mighr be offenders in the same kind . so in the sixt chapter it is said , that all marchants , gascoyoes may safely bring wines into what part it shall please them , here now are the persons of gascoynes , but then the place whether● into the realme of england , and in the . chap. that erects the ports of burdeaux and bayonne , for the staple townes of wine , the statute ordaines that if any , but who ? english marchant or his servants shall buy or bargaine other where , his body shall be arrested by the steward of gascoyne , or the constable of burdeaux : true , for the officers of england could not catch him in gascoyne , but what shall become of him , shall he be proceeded with within gascoyne ? no , but he shall be sent over into england into the tower of london . and this doth notably disclose the reason of that custome , which some have sought to wrest the other way , that custome , i say , whereof a forme doth yet remaine , that in every parliament the king doth appoint certaine committees in the upper-house to receive the petitions of normandy , guyenne and the rest , which as by the former statute doth appeare could not be for the ordering of the governments there , but for the liberties , and good usage of the subjects of those parts , when they came hither , or via versa , for the restraining of the abuses and misdemeanors of our subjects when they went thither . wherefore i am now at an end . for us to speake of the mischiefes , i hold it not fit for this place , left we should seeme to bend the lawes to policy and not to take them in their true and naturall sense . it is enough that every man knowes , that it is true of these two kingdomes , which a good father said of the churches of christ : si inseparabiles insuperabiles . some things i may have forgot , and some things perhaps i may forget willingly ; for i will not presse any opinion or declaration of late time which may prejudice the liberty of this debate , but ex dictis , & ex non dictis , upon the whole matter i prove judgement for the plaintiffe . thauram tanjah his speech in his claim, verbatim. tany, thomas, fl. - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) thauram tanjah his speech in his claim, verbatim. tany, thomas, fl. - . sheet ([ ] p.) s.n., [london : ] thauram tanjah = thomas tany. at end: "robert norwood, and william finch, do witness: these are the words read by mr. tauny, with the point of his sword downward: and with his sword hostile, when he claimed the crown of france, with the ensuing titles. this of june, ." imprint from wing. annotation on thomason copy: "june". reproduction of the original in the british library. eng speeches, addresses, etc., english -- early works to . eccentrics and eccentricities -- early works to . a r (thomason .f. [ ]). civilwar no thauram tanjah his speech in his claim, verbatim. tany, thomas a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion thauram tanjah his speech in his claim , verbatim . as concerning england , to that speech printed i now say , what i did demand , i do affirm : what i have written , i have written : and the same i do here maintain , not by force of arms , but by wisdom from the spirit of god . secondly , i do demand the crown of france , as lineally descended from charles of castile , who was son-in-law unto charles the great . next , i demand the crown both of reme and rome , from my ancient parent pope nicolas of the house of austria , who married the flamina of flandriah ; in whose right lies included the title unto naples , sissiliah , and jerusalem , the inheritance of all my brethren the jews . i did carry my field signenance degraded , in homage unto englands regencie . thauram tanjah , leader of the peoples , the lord's host , for their return . robert norwood , and william finch , do witness : these are the words read by mr. tauny , with the point of his sword downward : and with his sword hostile , when he claimed the crown of france , with the ensuing titles . this of june , . amalgam of blazons or coats of arms master grimston his speech in the house of commons, concerning the distempers betweene the king and both houses of parliament. . grimston, harbottle, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) master grimston his speech in the house of commons, concerning the distempers betweene the king and both houses of parliament. . grimston, harbottle, sir, - . [ ] p. printed iuly . for m. t., london : . annotation on thomason copy: " july". reproduction of the original in the british library. eng speeches, addresses, etc., english -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no master grimston his speech in the house of commons,: concerning the distempers betweene the king and both houses of parliament. . grimston, harbottle, sir a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion master grimston his speech in the house of commons , concerning the distempers betweene the king and both houses of parliament . . london , printed iuly . for m. t. . master grimston his speech in the hovse of commons , concerning the distempers betweene the king and both houses of parliament . mr. speaker , i vvould faine bring one stone to our building now in hand , and it is but a caveat to the master builders , to beware , of those who hinder the worke , and pull downe by night , vvhat is built up by day . master speaker there are that speake loudly to the king , and in agitating of all matters , seem very tender of him , but substances , and semblances , essences , and apparances , are opposite : multa videntur quae non sunt , these vvould make us beleeve , that our redressing of some greiveances , is the pulling out of some flovvers from the crovvn , and hereby they cast maine and intricating doubts , vvhere vvith to retard and perplex our proceedings , and to lay an il-favoured imputation upon us , as if vve vvere regardlesse of our gracious soveraigne , and these good men , the onely battresses of his royalty : by this they endeavour to endeare themselves to the king , for their owne advancement , to have him guided by their owne councells , and to take off his affection from his best , and most loyall subjects , assembled in parliament . master speaker , the king and his subjects are relatives , and we know that in logicke , ne lato sublato tollaitur correlatum , they that disioynt the king and his people , do neither better nor worse , but do their utmost ( to un-king him . master speaker , the king is the parent , the husband solemparely espoused at his coronation , the head of the republique , as it is with the naturall parent , husband and head : so it is with the publique , the naturall parent bestoweth on his child , protection and love , with all his fruits : the child returneth him filiall reverence with al due respects : and he that laboureth to breake this intercourse , by possessing the parent with an evill opinion of the child , is equally an enemy to both . there is a sweete echo of coniugall affections betweene the maried , and be that shall goe about to interupt it , is a hater of them both , and a subverter of their family . in the naturall body , such is the connexion betweene it and the head , that a seperation is distructive to both , wheras otherwise , the head in the body , being the seate of the vitalls , and the braine in the head , of the animall spirits , reciprocally cōmunicating preserve the whole : our gratious soveraigne is the common parent , husband , & head , si calumniemus frangimur : if therefore there shall be any found to be as undermining pyoners envying to disaffect our parent to us , to divorce us from this our husband , to divide us from our head . my iust motion is , that upon a watchfull discoverie , whereon i would have every good mans intent , they may receive the extremity of severety as they will deserve , and if any of them shall prove member of this house , that the furnace may be heated , tenne times hotter , for betraying the trust reposed in them , by their county that sent them hither . fjnjs . his royall maiesties speech: spoken in the high court of parliament on friday, december the . , with the love which his majesty lately hath shown to the city of london, by knighting five aldermen, at his palace at hampton court, and royally giving them againe into their hands london-derrie. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason e _ thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ], :e [ ]) his royall maiesties speech: spoken in the high court of parliament on friday, december the . , with the love which his majesty lately hath shown to the city of london, by knighting five aldermen, at his palace at hampton court, and royally giving them againe into their hands london-derrie. england and wales. sovereign ( - : charles i) charles i, king of england, - . [ ], , [ ],p. printed by b. alsop, [london] : . place of publication from wing. text continuous despite pagination. thomason e. [ ] has the caption title: "his majesties love to the aldermen of london at hampton court.". reproduction of the original in the british library. eng speeches, addresses, etc., english -- early works to . london (england) -- history -- th century -- early works to . a r (thomason e _ e _ ). civilwar no his royall maiesties speech: spoken in the high court of parliament on friday, december the . ,: with the love which his majesty latel england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties love to the aldermen of london at hampton court . his majesties goodnesse and care of this kingdome , hath alwayes bin wonderfull , to the comfort of all his loyall and well-affected subjects . london in his returning home , shew'd its love unto his sacred majesty , and he his affection by the honour which he shewed downe upon it . first of all , in knighting the loid major , and recorder , at kingsland , then by suffering the lord major in such a tryumph to beare the sword before him . the like of which , was never knowne in england , but the sword was alwayes presented , as an honour to some noblemen . at guild-hall his majesty graced the city with his presence to dine there , accompanyed with his spouse and princely children , guifts were presented there unto his sacred majesty . and he rewarded them with as great a benefit by granting unto them ( so soone as it shall please god to fet a period to the wicked designes of treacherous rebels in ireland ) london-derry . also upon thursday , decemb , about seven of the clock in the morning , so expresse his extraordinary love to the city , he sent for five of the aldermen of london to hampton court , his majesties royall palace , miles distance from london , and made them all knights . what encouragement can subjects have more , as to love and obey a king , then to have such favour and love showne by a king ; for whose prosperous , happy , and successive reigne , it behoves us all to pray : else there is no question to be made , but that judgment will bee flowred downe upon our heads , by the heavenly king , for not loving so good a heavenly king . finis . cicero against catiline, in iv invective orations containing the whole manner of discovering that notorious conspiracy / done into english by christopher wase. in catilinam. english cicero, marcus tullius. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) cicero against catiline, in iv invective orations containing the whole manner of discovering that notorious conspiracy / done into english by christopher wase. in catilinam. english cicero, marcus tullius. wase, christopher, ?- . [ ], p. printed by t.n. for samuel lowndes ..., london : . translation of in catilinam. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng speeches, addresses, etc., latin. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cicero against catiline , in iv. invective orations . containing the whole manner of discovering that notorious conspiracy . done into english by christopher wase . id. cic. — concedat laurea lingua . plin. lib. . cap. . in fine . salve primus omnium parens patriae appellate , primus in toga triumphum , linguaeque auream morite , & facundiae latiarumque literarum parens ; atque ( ut dictator caesar hostis quondam tuas de se scripsit ) omnium triumphorum lauream adepte majorem , quanto plus est ingenii romani termi●●s in tantum promovisse , quam imperii . london , printed by t. n. for samuel lowndes over against exeter house in the strand . . to the worshipful joseph williamson esquire , secretary to the right honourable the lord arlington ( principal secretary of state ) keeper of his majesties papers of state , and a member of the honourable house of commons in parliament . sir , this small essay does in justice and gratitude address it self to your hands , being the product of a few spare-hours while i was conversant about some occasions of yours , which time you were pleas●d to express that you put to your account , while employ'd to my own benefit . of what prodigious parts this author was , and indefatigable industry , how grave a senator , how profound a politician , how uncorrupt a magistrate , it needs not that i tell you ; nor whether as tully is worthily accounted the chief of orators , so these consular invectives may not be esteem'd the very flower of all his orations . my part is , because i am conscious how hardly those advantages can be discern'd through a gross and cloudy translation , to find out a competent judge of such labours , and a favourable advocate to excuse the insuperable defects in rendring languages each by other , which are often inadaequate , and in signification , credit , phrase , variety , incommensurable one with the other . spirits that are most delicious , we find to be most vo●atile , and hardly ●ndure the transpor●●ation . paterns may be with less di●●i●ulty match'd for the cloth than the colour . tully however cannot be so rudely handled , but an artificial method , strong arguments , and divers figures both of words and sentence will discover a sound constitution . the change of customs , different laws and humors may somewhat darken the complexion : yet my hope is through all will be discern'd tully . but why do i flatter my self to think that you can find leasure from publick and weighty business to arbitrate in these scholastick and lighter speculations ? therefore having first begg'd that your prudent and painful endeavours may be still successful and accepted to the acquiring new talents , which you so faithfully improve ; and for my sel● requesting to hold such place in your esteems , as a mind ever-studious to be truly thankful , may render me capable of , i take leave to remain sir , your humble servant and honorer chr. wase . some ancient testimonies concerning these orations . cic. in orat. de se-ipso . a nobis homo audicissimus catilina in senat●s accusatus obmutuit . sal in conj . cat. tum m. tullius consul , sive preasentiam ejus timens , sive i●i commotus orationem habuit luculent●m atque utilem reip. quam postea scriptam edidit . c. velleius patercul . l. . . catilina metu consularis imperii urbe pulsus est plin. l. . c. . sed quo te m. tulli piaculo taceam ? — tuum catilina fugit ingenium . quintil. lib. . c. . annon divina m. tullii ciceronis eloquentia — catilinae fregit audaciam ? mart. dixerat o mores , o tempora tulius olim sacrilegum struere cùm catilina nefas . the contents of the four ensu●ing orations , wherein th● consul i. adviseth catiline , then present in the senate , to forbear the town . ii. encourages the people , by extenuating the forces of the rebel , and reclaiming the secret complices . iii. reports to the people the particulars of the discovery of the plot , with the arraignment and conviction of the conspirators at the bar of the house . iv. puts it to the question , what is the houses pleasure concerning the priso●ers . the first oration against catiline , made in the senate . the argument in the year after the founding of rome dc , lucius sergius catilina , a nobleman of rome , of excellent endowments both of body and mind , but deprav'd through ill habits ; having been train'd up under the vsurper sulla , and through his whole time practis'd in acts of great licentiousness , stood with many other competitors for the consulship ; but was accused of corruption and miss'd it , marcus tullius cicero and caius antonius being chosen : whereupon he entred into a dangerous conspiracy of raising a civil war , cutting off the principal of the senate , and firing the city . on the vi. and vii . of november in the nights were held secret councils with the chief conspirators , at the house of one m. lecca a roman senator , where , among other particulars concluded for the carrying on the design , two knights then present , undertook early that morning , under colour of a visit , to kill tully in his bed : but he was immediately advis'd of this imminent danger from q. curius a false brother , by fulvia , and that attempt frustrated . the same day , being the viii . of november , the consul calls a senate in the temple of jupiter stator , within the tower of rome ; where met also catiline , either to palliate the matter , or purge himself . vpon sight of whom , cicero being stirr'd betwixt fear and anger , stood up , and thus bespoke him : . how long , catiline , will you abuse our pa●ience ? how long shall that fury of yours hector down even us too ? to what bound shall your unbridled audaciousness fly out ? has the night-guard of the palace nothing daunted you ? nothing the watches about the city ? nothing the fears and jealousies of the people ? nothing the concourse of all the honest able men ? nothing the holding the senate in this place of strength ? do the looks and faces of all these in presence nothing at all dash you ? are not you aware that all your plots are discovered ? are not you advised , that your conspiracy is palpably known to all here ? what you resolved upon last night , what the night before , where you were , who were in your iuncta , of what debates passed between you , who of us do you think is not fully informed ? . oh what times ! what a world do we live in ! all this the senate understands , the consul sees , yet this fellow lives , lives i , and comes into the house , is present at the publick council ; marks with his eyes and designs each one of us for slaughter : mean-while we , couragious men , think we have discharged our duty to the state , if we can shift his weapons and fury . long since , catiline , thou should'st have been led by the consuls order to execu●ion ; upon thine own head should have been turn'd that destruction which thou hast been so long contriving against all of us . . could that most honourable person (a) pub. scipio , the high priest , being then a private man , ●lay tib. gracchus , when he did but lightly shake the state of the government : and shall we , consuls , tamely endure catiline , striving to lay the world desolate with fire and sword ? to pass by those instances of an old date , that quintus servilius ahala slew with his own hand (b) spurius melius , when he went about to alter the government . there has , there has been in times of old , such courage in the state , that men of valour have restrained a dangerous citizen , with more severe punishment than the most violent enemy . we have now too made against you , catiline , a strict and grave act of senate . the state wants not advice , nor this house resolution . we , i must speak boldly , we consuls , are wanting in the execution . . the senate once made an order , that lucius opinius (c) the consul should see that the safety of the common-wealth should not be molested . one night did not pass over his head , but (d) caius gracchus , descended of a most noble father , grandfathers , ancestors , was slain upon some suspicion of factiousness ; marcus fulvius , a consular person , was slain , and all his children by a like act of senate . the security of the state was committed to c. marius and l. valerius the consuls . did the government respite l. saturninus , tribune of the commons , and ca. servilius praetor , one day from punishment ? but we now have left the edge of authority to grow blunt these twenty dayes ; for we have a like act of senate , but shut up in tables , as a sword lying in the scabbard ; by which act of senate , catiline , you should have been immediately executed . you live , and that not to abandon , but to fortifie your boldness . i desire , my lords , to be merciful , i desire withal not to be thought careless in so imminent dangers of the common-wealth . but now i begin to condemn my self of sloth and cowardliness . . there is a leagure in italy against the state , pitched at the entrance into tuscany , the number of the enemy increases day by day ; but the commander of that leagure , and the general of those enemies , we see within the walls , nay , in the very senate ; daily ploting some destruction against the state. if , catiline , i should now order you to be apprehended , if , to be executed , i think i should have reason to fear , least all honest men , should rather say , this was done too late by me ; then that any should say it was too cruelly done : but for a certain reason i do forbear that , which long since should have been performed : then will i take thee off , when as no one shall be found so impudent , so desperate , so like thy self , as not to confess it justly done . . as long as there shall be any one that dares justifie you , you shall live ; but so , as now you do , hemmed in by me with many and strong guards , as not to be able to stir against the common-wealth . many eyes , and ears too , that you are a little aware of , as hither to they have , shall spy and watch your actions . catiline , what would you have more , if neither night can shrowd in its darkness your wicked cabals ? nor a private house within its walls , the words of your conspiracy ? if all come to light , all break forth , change then that mind , be ruled by me , do not think of slaughter and burning , you have hands upon you on all sides ; all your plots are as open as the day , which you may recollect with me . . do you remember that i should say in the senate on the one and twentieth of october , that , on a certain day would be in arms ( which day was to be the th of the same ) caius manlius , the executioner and instrument of your treason . catiline , was i mistaken , not onely in a thing , so great , so furious , so incredible ; but what is mch more strange , in the very day . i said in the house too , that , you had pitched the th of the said mon●th , ●or the assassinating of the nobles ; 〈◊〉 what time many principal men ●f the state left the town , not 〈◊〉 much for their own preservati●n , as to suppress your designs : can you deny on that very day ●hat you was so penn'd up by my guard and diligence , that you ●ould not stir to prejudice the ●tate ; when you said , though ●he rest were gone , the killing of ●s that remained , would serve your ●urn ? . what when as you were ●onfident you could surprise prae●este by an assault in the night , on ●he very first of november ? did ●ou observe that that colony was ●y my order secured with guards ●f mine to watch and ward there ? you act , you plot , you think no●hing , but what i not onely hear ●f , but see too , and plainly per●eive . recall to memory with me the other night , and you wi●● find , that i am much more inten●●ly vigilant , for the preservatio● than you for the destruction of th● state. i say , that the night b●●fore last , you came among th● vine-dressers , i must speak plain● to the house of marcus lecca , tha● very many abettors of your fu●● and treachery , had their meetin● there ; dare you deny it ? wh● do not you speak ? i will make 〈◊〉 appear , if you deny it ; for i se● (e) some here in the senate tha● were there with you . . immortal gods ! wherea●bouts are we ? what a govern●ment have we ? in what city d● we live ? in this , this very place are some , of our own house , m● lords , of this most venerabl● and grave council of all th● world , which project my ruin and all yours , together with th● destruction of this city and the empire of the world. these ●ersons , i that am consul , be●old , and take their votes about ●he government ; and those that ●hould have been cut off by the ●word , i do not yet wound with my word . you were then , cat●●ine , at lecca's house that night ; you divided italy into posts , you appointed every one which way it was concluded he should march ; you selected whom to leave at rome , and whom to carry with your self ; you divided the several parts , at which the city was to be ●ired ; you gave assurance you would speedily leave the town ; onely , you said , one petty business , that is , my being alive , stayed your iourney . there were (f) two roman knights presently replied , they would remove that obstruction , and promi●sed they would that very night , a littl● before day kill me in my bed. . i was in●o●med of all th●● full as soon as your company w●● broke up , and secured and guarde● my house the better ; kept ou● those that you sent in the mornin● to give me a visit , having befor● told several persons that such woul● come at the very same time . whic● things being so , catiline , hold o● the course you have begun , ge● you out of town at length ; th● gates are open ; take your jour●ney . that army of manlius● does too long want you to head it carry out all your complices wit● you , at least as many as may be● rid the city , you will deliver m● from much fear , so there be but ● wall between you and me . you ca● no longer continue among us , ● will not bear it , i will not suffer it● i will not endure it . . great thanks be to the immortal gods , and particularly to iupiter stator , the most ancient guardian of this city , that we have so often already escaped this so villainons , so dreadful , and so dangerous a plague to the state ; the safety of the government must not any more be hazarded in one person . as long , catiline , as you plotted against me , consul elected , i secured my self , not by any publick guard , but my private diligence . when as at the last consular election , you would have slain me the consul and your other competitors in the field ; i dashed your wicked attempts , by the assistance and strength of my friends , without giving any alarm to the publick : in a word , as often as you struck at me , i opposed you by mine own interest ; although i saw , that my destruction was inseparable from the great affliction of the state. . but now with open face , you strike at the whole state , you bid ruin and desolation to the temples of the immortal gods , to the buildings of the city , to the l●fe of all the citizens : in summe , to all italy . whe●efore , since i dare not execute that which were principally to be done , and is proper to this empire , and the severity of our ancestors , i will do that which is more gentle , as to censure ; more useful , as to the publick safety . for if i should order you to be slain , the relicks of your complices would still stick in the common-wealth : but if you , which i frequently advise you to , shall march off , a great and dangerous sink in the state , of your comrades , shall be drained out . . what 's the matter , catiline ? do you make any question to do that at my order , which you were before a doing of your own accord ? the consul commands an enemy to go out of town , do you ask , whether to banishment ? i do not command you . but if you ask my counsel , i advise you ; for what is there , catiline , which can any longer be pleasing to you in the city ? wherein there is none , bating that gang of desperate conspirators , but fears you ; none but hates you . (g) what mark of domestical baseness has not been branded upon your life ? what private disgrace does not asperse your name ? have your eyes ever been refrain'd from any lust ? your hands from any attempt , or any villany from your whole body ? what young man is there by your pleasures inveagled , whom you have not furnished , either with a weapon to boldness or with an in●enrive to lust ? . for example , newly (h) when by the death of your former wife , you had made house room for a second match , did you not by that villany add another incredible villany ? which i pass by , and am well content should be wrapt up in ●ilence , least such an inhumane act should have been thought to have had being , or not to have been avenged under this government . i pass by the decay of your estate , all which you will find to hang over your head next quarter-day . i come to those points , which do not concern the private reproach of your vices , nor the necessitousness and baseness of your family ; but do more nearly relate unto the well-being of the state , and the life and safety of us all . . can it be delighful to you , catiline , to behold the light o● this world , and to draw the breath of this air , when as you know , there is none of these present , that is not informed that (i) the day before new-years-day , lepidus and tullus being consuls , you (k) wore arms in the assembly , that you had got a crew together to kill the consuls and nobles ; that no good meaning of yours , nor yet fear , but the fortune of the common-wealth , hindred your treason and rage : but i pass by those things , as neither obscure , nor long since committed . how often would you have killed me , when designed , how often since entred , upon the consulship ? how many passes of yours , so made , that they seemed unavoidable , have i put by by a slight turn , and as the word is , with the motion of my body ? you plot , you pursue , you contrive nothing , but i have timely notice of it ; and yet for all that , you will never give over working and designing . . how many , many times already has that dagger been wrung out of your hands ? how often by some casualty dropt and slipt down ? yet you cannot for your life be without it , which dagger , under what vow and consecration it is , i know not , that you should have such a superstition , that it must needs be stuck up for a monument in the consuls heart . but now , what life do you lead ? for i will so deal with you , not as though i were moved with anger , as i have reason , but wi●h compassion , as you have no reason to expect . you came even now into the senate , did any one of this great company of so many friends and acquaintance of yours , do you any reverence ? if such a thing as this never happened to any in the memory of man , do you wait for them to speak out their indignation , when you are already cast by the grand consent of their silence ? nay at your coming in , great room was made for you ; farther , ●ll the consular persons , who had been oftentimes designed by you for slaughter , so soon as you sate down , sate them farther from you , leaving that part of the seats bare and empty . . how do you think that is to be taken by you ? truly if my servants were in such fear of me , as your fellow citizens stand in dread of you , i should think fit to quit my house : do not you so think it fit to quit the town ? and if i saw my self under so great suspicion and displeasure of my countreymen , though unjustly , i would rather with-draw my self out of their sight , than be under their continual frowns . and do you , when your conscience must tell you , that you have incurred the just and long deserved hatred of all , make any scruple to avoid their sight and presence , whose very souls and hearts you break ? suppose your parents were afraid of , and fallen out with you , and you could by no means recover their favour , i conceive you would retire some whither out of their sight . now your countrey , which is the common parent of us all , hates and fears you , and judges of you , that for this great while , you unnaturally contrive nothing but treason against her . will you neither reverence her authority ? nor be guided by her direction ? nor stand in fear of her power ? . which , catiline , thus addresses to you , and in a manner , thus silently be-speaks you ; there has been no violence for these many years past , but by your abettment ; no lewdn●ss but by your contrivance ; you are the onely man , that have carried away free and unpunished the murders (l) of many citizens ; you , (m) the vexation and plundering of the allies ; you have not been onely so great as to slight the laws and iudgements , but also to pervert and break through them . your former actions , although not to be born with , yet i digested as well as i could : but now , that i should be all over in a fright for your onely sake ; that at the least stir catiline should be suspected : no plot can be thought to be laid against me , but through your treachery , is intollerable : wherefore with draw and rid me of this terror ; if true , to prevent my destruction ; if false , to remove at length my fears . . if your countrey should thus address to you , ought she not to obtain it ; although she could not force you ? nay further , you have offered your self into custody ; nay , you said , to clear you of all suspicion , you would go dwell with marcus lepidus ; who not entertaining you , you had the confidence to come to me , and desired that , i would secure you in my house . when you had from me too this answer , that , i could by no means be safe with you under the same roof , that am in great danger , whilest we are within the same ci●y wall. you came to q. metellus the praetor , by whom , when you were rejected , you took up your lodging at your own comrades , honest marcus marcellus : him in good time you took , as one very careful to watch you , and very acute to discover you , and very couragious to punish you . but how far may he be thought from goal and irons , who judges himself worthy of restraint ? . which things being so , catiline , do you make any scruple , if you cannot be contented to die here , to go into some foreign place ? and to commit that life of yours , conveyed away from many due and well dese●ved punishments , to exile and obscurity ? move it , say you , in the house , for that is your request ; and if the senate shall vote , you must be banished , you say , you will submit . i will not move it , which is a thing goes much against my disposition ; and yet i will so order the matter , that you may so understand the sense of the house concerning you . catiline , go out of the town , put the state out of fear , go your way into banishment , since you look for that word . what is the matter , catiline ? do you mind ? do you observe the silence of all present ? they are contracted , they are still . what , do you expect they should speak and give order , whose meaning you will know by their silence ? . but if i had said the same thing , to this worthy young man , p. sextius , if as much to ma. marcellus , a person of great valour , the senate would immediately have laid violent hands , with all the reason in the world , upon me , that am now consul , in this very sanctuary , where we are : but for you , catiline , being they are quiet , they give their consent ; being they are contented , they vote it : being silent , they proclaim it . nor onely the senators , whose authority it seems is with you very dear , their lives cheap ; but also those roman knights , men of great honour and worth , and other valiant citizens , which attend at the senate , whose number you might see , and perceive their affections , and even now plainly hear their very words ; whose hands and weapons for this good while , i have had much ado to keep off from you . i can easily prevail upon them , that if you leave these parts , which you are plotting to ru●n , they shall all wait upon you to the city gates . . but wherefore , do i talk , can any thing daunt you ? can you ever be reformed ? that you should ever think of with-drawing ? intend to leave the town ? would the immortal gods would give you such a frame of heart● although i fore-see , if you upon the terror of these words , should take up a resolution to go to banishment , what a storm of envy would hang over us ? though not so much at the present , whilest the memory of your villanies is fresh , but in after times . but i stand not much upon that , so the calamity might be your own in parti●ular , and severed from the dangers of the state. but that you should be sensible of your own vices , or fear the penalties of the laws , or comply with the necessity of the times , is a thing not to be expected : for , catiline , you are none of those that either shame should keep you back from baseness , fear from hazard , or reason from rage . . wherefore , as i have often said to you before , go your wayes , and if you have a mind , to procure me ill will , your enemy , as you give out , go directly to banishment . i shall hardly endure the censures of men , if you do so ; scarcely stand under the load of tha● envy , if you should go into banishment at the consuls order : but if you had ●ather be instrumental to my praise and glory , match out with your dangerous crew of tray●ors , go straitwayes to manlius , stir up the discontented people , separate your ●elf from the well affected , make war upon your countrey , triumph in your unnatural robberies , that you may be thought not to have been cast out by me among strangers , but invited to your own . . but what need i invite you , who i know , have sent some to wait for you in arms at forum aurelium . i know a day is pitched upon and agreed with manlius , by whom i know too that silver eagle , which i trust will turn to the ruin and confusion of you and all yours ; which set in your house was the chappel of all your treasons ; is sent away . can you want that image , which you us'd to pray to , when you went out upon a murder ; from whose altars you often carry'd your polluted hand to the assassinating of citizens ? go your wayes at last , whither that unbridled and raging lust of yours has long time hurried you ; for this occasion does not bring you any grief , but a kind of incredible pleasure ; to such sottishness has nature bred , your will practis'd , and fortune guided you . you never longed for , i do not say , peace , but any war , save such as is unnatural . you have got a party of lewd persons , not onely lost in their fortunes , but also in their hopes . here , what complacence will you find ? what joy will you triumph in ? what pleasure will you rant in ? when amidst so great a number of followers , you will neither hear of an honest man , nor see one . those labours of yours , that are so much cried up , have been trained to this course of life : lying perdue , not onely to watch a mistriss , but to take a purse ; watchfulness both over the sleep of married men , and the estates of the murdered . you have now an opportunity to shew that you● brave hardiness in hunger , cold , and want of all things , wherewith you shall shortly find your self pinched . i gained so much , what time i put you from the consulship , that you might rather in banishment attempt , than in the supream government effect , the ●in of the state● and that the thing , which was treasonably by you undertaken , might rather ●ear the name of rebellion , than war. . now , my lords , that i may remove , and deprecate from me , a kind of almost just complaint of my countrey , mark i beseech you , attentively what i shall say , and treasure it up faithfully in your minds and memories : for , if my countrey , which is far deare● to me than my life ; if all italy , if the whole common-wealth should speak to me , marcus tu●ly , what do you mean ? would you suffer him to go forth , that you know certainly to be a rebel ; that you see will be the general of the war ; that you are sensible , is expected as chief captain in the enemies camp ; having been the contriver of the treason , the chief of the conspiracy , the raiser of the slaves and desperate citizens : that he may be thought not so much let out , as set on the town ? will not you command him to be put in irons , to be carried to execution , to be punished with death ? . what i pray hinders ? is it the old custom ? nay often in this state , persons out of commission have put dangerous citizens to death : or the laws which have been made about the punishing free citizens of rome ? but never in this state have those , who revolted from the government , preserved the priviledges of freemen . do you fear the envy of posterity ? now you fairly requite the people of rome , who has exalted you , a person known for your self onely● without any commendation of your ancestors , so early to the supream magistracy , through all the degre●s of subordinate offices ; if for envy or the fear of any danger , you neglect the safety of your countreymen . but if there be any fear of envy , is the censure of severity and courage more greatly to be feared , than that of baseness and cowardise ? do you not think , when italy shall be made desolate with war , the cities plundered , the houses a-fire , you shall then fall under a flagrant eny ? . to these most sacred words of the state , and the minds of those men , which are of the same judgment , i shall answer a word : had i , my lords , judged it most expedient for catiline to be put to death , i had not allowed that sword-player one hours respite to live : for if those most eminen● and honourable patriots were so far from polluting , that they rather ennobled themselves with the bloud of saturninus and the gracchi , and flaccus , and of many others in former times : truly i have no reason to fear , least this murderer of the citizens being slain , any envy should rise against me for the future . but if never so much did hang over me , yet i was alwayes of this judgment , to think envy gotten by vertue to be no envy but glory . . although there are some in this house , who either not se● what is imminent , or dissembl● what they see ; who have cherish'd the hopes of catiline with ●e●iss votes , and have con●irmed ●he rising conspiracy , by not believing it : whose authority many , not onely out of malice , but of simplicity following , had i executed him , would have said , it had been a cruel and tyrannical act. now i understand , if he shall arrive , whither he intends at the camp of manlius , no body will be so foolish , as not to see it was a plot ; no body so bold as not to confess it : but if he singly was slain , i understand this plague of the state might be a little supprest , but not wholly extinguished : but if he fly out , and carry his party along with him , and gather to the same place all other desperate persons , from every part gleaned up ; not only this so ripe a plague of the common-wealth will be extinguished and rooted out , but also the very strings and seeds of all mischief . . for , my lords , this great while , are we engaged in the danger , and the snare of this conspiracy . but now how it comes to pass i know not , the ripeness of all treasons , and old rage , and boldness , is broke forth in the time of our consulship . now if this one person shall be taken off , we shall be thought perhaps relieved of our cares and fears ; but the danger will stick close , and will be locked up in the bowels and veins of the common-wealth ; as often times men in an acute sickness , when they are tossed with hea● and feaver , if they drink cold water , seem at first to be eased ; then afterwards , are more grievously and violently afflicted : so this disease in the body politick being abated by his punishment , will return more violently , if the rest be left alive . . wherefore , my lords , let the malignants fall off , let them separate from the honest party , let them draw to a head : in a word , as i have often before said , let them be parted from us with a wall ; let them leave plotting against the consul in his own house , investing the judges bench , surrounding the senate with their swords , making fire-balls and brands , to burn the city . lastly , let it be written in every ones fore-head how he stands affected to the state. i promise you this , my lords , there shall be so great diligence in us consuls , so much authority in you , so much courage in the roman knights , so great consent in the honest party , that you may see the whole plot discovered , laid open , suppressed , and punished , by the going out of catiline . . (n) with this prayer after you , catiline , wishing , it may prove preservation to the state , ruin and confusion to your self , and destruction to all those , who have combined themselves with you in all villany and treason . go your way to an unnatural and rebellious war : (o) and thou , oh juppiter , who at the same dedication as the city , wert consecrated by romulus , whom we truly style , the stay of this state and empire ; repulse him and his complices from the altars , and other temples ; from the houses and walls of the city ; from the life and fortunes of all the citizens : and all the maligners of the well-affect●d , enemies of their countrey , plunderers of italy , confound them both quick and dead with eternal punishment . the second oration against catiline . the argument . catiline having flung out of the senate , went home , and there reflecting upon the unsuccessfulness of the morning attempt upon the person of the consul , and seeing the city strongly guarded , concluded it safest with what forces he could suddenly and secretly carry wit him , to gain the camp of manlius : wherefore having given lentulus and cethegus in charge to strengthen his faction in the city , and at convenient season to put in execution the results of their former counsels , in order to a general insurrection , when he should draw up with his army towards the city : at midnight he left rome , with in company . the next day , being the ix . of november , tully calls the people to the place of assembly , both to justifie to them his challenging catiline of conspiracy the day before , and to warn them to stand upon their guard against the confederates that still remain behind in the town . gentlemen , . at last with much ado , have we either expelled , or let out , or else waited upon l. catiline of himself , going out of town , foaming with rage , breathing treason , unnaturally plotting the destruction of his countrey , and menacing you and this city with fire and sword. he is gone , he is got his way , he is escaped , he is broke loose : no longer shall any mischief against this town be brewed by that monster and prodigy of men within the town . and without controversie have we prevailed against him , that was the onely ring-leader of this intestine war : for no longer now shall that (a) dagger be busy amidst the ribbs of us ; nor shall we be afraid in (b) the field of mars nor in the market-place , nor in the senate , nor in a word , within our own doors . he has quitted his ground , when he fled the city . we shall now openly wage a just war with a declared enemy , no body contradicting : undoubtedly we have destroyed and bravely vanquished him , what time we put him from private plotting into open rebellion . . but that he did not carry ou● of town , as he designed , the point of his sword stained in bloud ; that he went and we alive ; that we have wrested the weapon out of his hand ; that he left behind him the citizens in safety , and the town standing : what mortification do you think it to be , and heart-breaking to him ? now lies he groveling on the ground , and is sensible that he is a lost and ruined man , and oftentimes turns his eyes back upon the city , lamenting , it has escaped his ravenous jaws ; which city seems to me to look more cheerfully , since it has disgorged and cast out so pestilent a fellow . . but if there be any now , as all of you ought to be , affected , that upon this very point , wherein my oration does boast and triumph , should greatly accuse me , because i did not rather apprehend so capital an enemy than let him escape ; it is none of my fault , sirs , but the times ; l. catiline should have been long since taken off and executed , and both old presidents and the severity of this empire , and the publick interest required it at my hands . but how many , think you , were there , who would not believe my information ? how many , that out of simplicity could not have thought it ? how many that even justifie it ? how many , that out of corrupt principles , abetted it ? now if upon taking him off , i had judged all your danger removed , long since had i cut off l. catiline , not onely at the hazard , of losing my reputation , but also my life . . but when i plainly saw , though you had been all satis●ied in the cause , if i had put him to death according to his demerit , it could not be that i might prosecute the complices , so much should i be maligned : i brought it to this pass , that you might then openly fight , when you manifestly saw your enemy ; which enemy , gentlemen , how much you need fear , now he is gone , you may understand by this , that i am troubled at nothing more than that he went out of town so ill attended ; would he had carried along with him all his forces ! he took me out tongillus , that he was scandalously reported to have been fond of in his childhood ; publicius and munatius , whose debts contracted in taverns , could bring no fear to the state : he left behind him men , how considerable ? o● of what vast debts ? how potent ? how noble ? . therefore that army of his● in respect of our gallick legions , and that levy , which q. metellus made in the picenian and gallick countrey , and these forces , which are daily listed by us , i greatly slight , an army made up of desperate old men , debauched farmers , and countrey beggars and bankrupts , men that had rather forfeit their recognizance than quit his colours , whom if i should shew , not so much as the front of our army , but onely the sheriffs writ , they will drop down , these that i see flaunting in the market , nay , sitting in the senate , that are perfumed , that shine in purple ; i had rather he had carried out his souldiers with him ; who , if they tarry here , take notice , that not so much that army , as these , that absent from their colours , are to be feared by us ; and so much the more dangerous are they : because they are sensible that i am informed of their designs ; and yet are not conce●ned at it . . i see , to whose share apulia is allotted , who has tuscany , who the picenian countrey , who the gallick , who it was , that required he might carry on the massacring and firing the city . they perceive all their plots of the other night have been brought to me , i declared them yesterday in the senate , catiline himself was put in a fright , fled upon it . what do these stay for ? i assure them they are much mistaken , if they suppose my forbearance will alwayes continue . what i waited for , i have already attained ; that you might all be convinced there is a manifest plot against the state , unless perchance there be some , that imagine men of catiline's temper do not abet catiline . there is no longer room for patience , the nature of affairs calls aloud for severity , yet i will still allow them one favour ; let them be gone , let them march out , let them not suffer poor catiline to pine away , for lack of them . i will shew them the way , he is gone the aurelian road , if they make haste , they will over-take him before night . . oh happy state , if it could drain out the sink of the town . in truth , upon the throwing off catiline onely , the state seems to me much eased , and on the mending hand : for what mischief or villany could be devised or thought on , which he did not contrive ? what sorcerer in all italy , what hector , what highway-man , what assassine , what paricide , what forger of wills , what cheat , what whoremaster , what prodigal , what adulterer , what infamous strumpet , what debauchel of youth , what debauched , what desperate person can be found , but confesses catiline was his great acquaintance ? what murders have been committed these late years , that he had not a hand in ? what abominable rape , but of his setting . . now where was there ever such a spirit of inveigling youth as in him ? who did himself love some unnaturally , was scandalou●ly prostituted to the unnatural love of others ; some he promised the enjoyment of their lust , others the death of their parents , not onely by his instigation , but by his assistance● and now , how of a sudden has he got together a great many men of desperate fortunes , not onely from the town , but from the countrey also ? there is none in debt , either in rome , or any corner of all italy , that he has not drawn in to his incredible confederacy in treason . . and that you may perceive his different inclinations in things of a con●●ary nature , there is none in the fencing school , any thing forward to bold attempts , but confesses , he was catiline's intimate : none any thing wanton or loose on the stage , but gives out that he and catiline were in a manner all one . and yet this very person , inur'd to suffer cold and hunger and thirst , and watch in pursuit of whoredom and villany , was cried up by these his companions as one hardy ; when as the aids of industry and instruments of vertue , were wasted upon lust and violence . . now if his comrades would go along with him , if the scandalous crew of desperate persons would quit the town , happy should we be , the state blessed , and an immortal renown upon my consulship ! for the lusts of men now-a-dayes are grown immoderate , their attempts inhumane and unsufferable ; they think of nothing but massacres , but firing , but plundering , they have spent their own estates , they have squandred away their fortunes , their stock has been long since gone , now their credit begins to fail them ; yet they have the same pride as when they had a plentiful estate . now if amidst their drinking and gaming , they onely regarded riot and whoring , they were indeed little hopeful , but yet tolerable . but who can endure this , that cowards should lay wait for the valiant , fools for the wise , sots for the sober , sluggards for the vigilant ? that sit me at treats with their misses in their laps , their brains swimming with wine , stomachs over charged with meat , garlands on their heads , daubed with sweet oyntment , weakned with whoring , and belch out in their talk the slaughter of the honest party and the firing of the city . . over whom i am confident there hangs some fate , and that the rewards long since due to their boldness , baseness , treachery , and lust , is either imminent , or certainly approaching . whom , if my consulship , because it cannot cure , shall cut off , it will not prolong some small and inconsiderable time , but many ages to the state : for there is no nation , which we need fear , no king that can wage war with the people of rome : (c) all forreign affairs are quietly settled by sea and land , through the valor of one man ; the plot is within ; the danger locked within ; the enemy is within : we have a conflict with luxury , with madness , with treachery . i declare my self , gentlemen , general in this war. i am contented to be maligned by desperate persons . what can be healed , i will use all means to heal ; what must be cut off , i will not suffer to spread to the common destruction : therefore either let them be gone , or let them be quiet ; or , if they do abide , both in town and in the same mind , let them expect what they deserve . . b●t some there are , gentlemen , that say , catiline was by me thrown into banishment . which , if i could effect with a wo●d speaking , i would throw out them that say so . for he , i 'll warrant you , poor , timorous , and over-modest man , could not bear the reproof of the consul : assoon as commanded to go into banishment , obey'd orders . nay yesterday , when i was almost murdered in my own house , i summoned a senate into iupiter stator's temple : i informed the senato●s of the whole matter , whither when catiline was come , what senators spoke to him ? who saluted him ? in a word , who looked upon him , so well as a forlorne citizen , and not rather as a most dangerous enemy ? nay the chief of that order left the part of the seat , towards which he came , naked and empty . . hereupon , i , the severe consul , that throw men into banishment with a word speaking , questioned catiline , whether he had been present , or no , at the (d) night meeting in m. lecca's house ● when he , though bold enough , yet self-convinced , was at first silent , i made furthe● discovery , what he treated of that night , where he had been● what h● had resolved upon for the next night ; and inform'd how the whole course of the war wa● projected by him . when as he stopt and stayed , i questioned him , why he should make any demurre of going thither , whither he had long since intended● having i know , sent before , his arms , his axes , his rods , his trumpets , his ensigns , and that silver eagle , to which he had set up at home a chappel for his treacheries . . did i throw him into banishment , that i saw was already entred upon a war ? for that captain ill warrant you , that has encamped in the fesulan countrey , proclaimed war against the roman people upon his own account , and that camp does not now wait for catiline to be their general , and now being thrown into banishment , he will ●urn aside to (e) mars●illes , as they give out , and not into this camp● oh unhappy condition , not onely of steering , but of saving the state. now , if l. catiline , hemmed in , and disabled by my counsels , labors , and dangers , should take a sudden fright , alter his purpose , desert his party , abandon his resolution of raising war , from this carier of treason and rebellion , should turn his course into flight and exile ; he will not be reported to have been by me disarmed of the weapons of his insolency , nor astonished and affrighted by my diligence , nor put besides his hopes and endeavours ; but uncondemned innocent man , to have been thrown into banishment by the consul , with foul and threatning words : and some will have it be thought , if he shall do so , not that he was guilty , but unfortunate , nor that i was a most diligent magistrate , but a most cruel tyrant . . i can well afford , gentlemen , to bear the storm of this false and unreasonable aspe●sion , so the danger of this dreadful and unnatural war be diverted from you , let it , since they will have it so , be said that he was thrown out by me , so he do , but go into banishment : but take my word he will not do so . sirs ! i shall never wish of the immortal gods , for the abating any hard opinion of me , that you should hear l. catiline is in the head of the enemies army , and marching in the field ; yet within three dayes you will hear it : and i much more fear the other thing , least the time may once come , wherein it prove a greater fault that i let him go out , than that i threw him out : but there being some , that say he is persecuted , when he went of himself , what would those men have said , if he had been executed ? . although these very men , that give out that catiline is gone to marseilles , do not so much complain , as fear that it is so . none of them has so much tenderness for him , but had rather that he should go to manlius than to those of marseill●s . but , in truth , had he never before designed , what he now goes about , yet he had rather be killed in rebellion than live in banishment . but now , when as nothing has yet befallen him , besides his own desire and design , but that he went out of rome , and we alive ; let us rather wish he would , then complain that he doth go into banishment . . but why are we thus long discoursing of one enemy ? and that enemy that now declares himself so , and whom i no longer fear ; because there is , as i alwayes desired , a wall between us ; we speak nothing yet of those , that dissemble that tarry behind at rome , that keep amongst us ? whom i do not so much endeavour to punish , if it could any way be prevented , as to cure and reconcile them to the state. nor do i see , why that should not be possible , if they take my counsel ; for i will relate to you , gentlemen , of what sort of men those forces are made up , then will i apply to the particulars the best remedy my advice and perswasion can provide . . one rank of them is such , as , though they have great debts , yet have greater estates ; out of love to which , they can by no means afford to get themselves clear . the appearance of these men has the fairest shew , for they are substantial men ; but their intention and pretence is most impudent . should you be plentiful and splendid in lands , in houses , in plate , in retinue , and in all accommodations , and do you stick to diminish some of your estate , and to purchase a good reputation ? why , what do you look for ? for war ? what ? do you then think in the common desolation , that your possessions shall be sacred and untouched ? for (f) a bill to cancel old debts ? they are much mistaken , that look for that from catiline ; i will help them to such a bill , but it must be a bill of sale. for , they who have estates , can be preserved by no other means ; which , if they would have done sooner , neither ( which , is the most foolish thing in the world ) tire out their rents with paying interest ; we might have had more able and honest citizens of them . but such men as these i think not very much to be feared , because they may either be reclaimed , or , if they shall continue in the same mind , they seem rather to me , such as will joyn their prayers than their arms against the state. . another sort is of those , that , though they are deeply in debt , yet they affect tyranny , they would be princes ; those places which they cannot look for , if the state continue in peace , if it be (g) disturbed , they hope they shall attain : who should have this advice given them , the self-same , as all the rest , to despair of obtaining that , which they attempt : first of all , that i my self am vigilant , active , provident over the state ; then the well-affected are in great courage , great concord , in very great number ; that there are great forces of soldiery ; lastly , that the immortal gods will aid and assist this invincible people , most renowned empire , and most beautiful city , against such a prodigious treason . but grant they had obtained , what they pursue with such madness , do they hope , that in the ashes of the town , and blood of their citizens , which with a traiterous and an unnatural heart they have conspired , themselves should be consuls , or protectors , or indeed kings ? do they not see , that they lust after that , which , if they could compass , must needs be granted some fugitive or fencer ? . a third sort is well stricken in years , yet trained up to hardiness ; in which rank is manlius himself , whose charge catiline has now taken . (h) these are persons of those plantations , that sulla settled , all which i take to be of honest citizen● and valiant men. but these are planters , who live too high and pro●d upon their unexpected and new got moneys : these , whilest they build like princes , whilest they pride themselves in their manor houses , coaches , great retinues , entertainments , furnitures , are sunk into so great debt , that if they would ever come out , sulla , must be again raised from the dead by these : who have also drawn in some farmors , poor and needy men , upon the same expectation of their old rapines ; both of whom , i place , sirs , in the same rank of robbers and plunderers . but i advise them this , let them leave off their madness , and dreaming of sequestrations● and protectorships : for the country having been burnt , retains such a dread of those times , that now-a-dayes not onely men , but the brutes themselves , in my opinion , would not endure such outrages . . the fourth sort indeed is heterogeneous and mixt and factious , such as have been long since sunk ; such as never can hold up their head again ; such as partly by idleness , partly by ill manageing their business ; partly by bad husbandry , are tottering with old debts : who being tired with suits , judgments , and outlawries , are said to flock in great numbers , both out of town and countrey to that camp. these men i judge not so much to be stout souldiers , as shifting bafflers : which persons , first , if they cannot stand , even let them fall ; but so , that not onely the state , but not so much as their next neighbour should be sensible of it : for i do not understand the reason why if they cannot live in credit , they should desire to fall with dishonour ; or why they should suppose it less pain to sink with many , than in sinking alone . . a fifth sort is of paricides , murderers , and in a word , of all malefactors ; whom i do not intice from catiline , neither can they be torn from him ; and in truth let them perish in rebellion , being so many , that the prison cannot hold them . . but the last sort is , not onely in their roll , but also in their course of life , that which is properly catilines , of his list ; nay of his lust and cap : such as you see with set and oynted hair , either beardless , or with spruce beards ; in (i) tunicks , with sleeves , wrapt in mantles , and not in gowns : all the indust●y of whose life and labour of watching , is laid out in revellings . in this crew , all gamesters , all adulterers , all loose and debauched pe●sons do keep . these fine and soft lads , have not onely the trade of courting and being courted , nor of (k) singing and dancing , but also of flourishing daggers and scattering poison ; who , unless they be gone , unless they perish , though catiline should perish , be well assured , this will be a standing nursery of catilines in the state. but what do those poor wretches mean ? can they carry their small girles with them into the camp ? and how can they be without them , especially these long cold nights ? or in what sort can they bear the (l) appennine , and those frosts and snows , unless they think they shall the more easily endure the weather , because they have practised to dance naked at feasts ? . a war greatly to be dreaded , when catiline hath about him this ●ewd life-guard ! now , gentlemen , draw up your garrisons and your armies against these precious forces of catiline ; and first , against that broken and battered fencer , range your consuls and generals ; then against that naked and weather-beaten party of shipwrackt creatures ; draw forth the flower and strength of all italy . now the cities of the plantations and boroughs shall ballance catiline's fastnesses in the woods : nor in trut● ought i to compare your other forces , tro●phies , and strong holds , with the want and beggery of that rebel . . but if , waving all these things , whereof we have suppli●s , he is in want ; the senate , the knights , the roman people , the city , the treasury , the customs , all italy , the several provinces , foreign nations ; i say , if waving these things , we would match the bare causes which are in dispute one with another ; by that onely we may apprehend how flat they are laid : for , on the one side modesty fights , on the other , scorn ; on this part , purity , on the other debauchery ; on this side credit , on that side knavery ; on this loyalty , on that treason ; on this side stayedness , on the other madness ; on this side honour , on that baseness ; on this gove●nment , on that lust : in summe , on this side , equity , temperance , courage , prudence ; all vertues , contend with oppression , with luxury , with cowardize , with rashness , with all vices . lastly , wealth with want , right reason with absu●dness , good judgment with infatuation . lastly , fair hope engages with the despair of all things . in such a combate and battle , though the affections of men should with draw , would not the immortal gods themselves oblige so many and so great vices to be over-thrown by these most excellent vertues . . which things being so , gentlemen , do yo● , as i have before said , watch and ward your private houses : i have taken order and provided , that the city be sufficiently guarded without putting you into any fear or alarme . all your planters and burgesses , having been certified by 〈◊〉 of this nights excursion of catiline , will sufficiently defend their cities and bounds . the fencers , which he thought would make him a great and a sure party , although they are better affected than some of the senators , shall yet be secured . q. metellus , that i upon prospect of this , sent before into the gallican and picenian countrey , will either surprise him himself , or suppress all his motions and endeavours . but for the settling , dispatching , and ordering all other things , we will immediately move the house , which you see is summoned . . now for those which have tarr●ed behind in town , and in truth , which have been left there by catiline , to the destruction of it and all you ; though they are enemies , yet because they are natural citizens , i would warn them again and again . my forbearing hitherto , if it have seemed to any too slack , has waited for this , that what was hidden , might break out . for the time to come , i can forget no longer that this is my countrey , that i am their consul ; that i must either live with them , or die for them . there is no porter at the gate , no scout upon the road , if any will go out , they may shift for themselves : but whoever shall stir in the town , that i shall discover not onely his acting , but any attempting , or endeavour against his countrey , he shall find ; that there are in the city , vigilant consuls , there are excellent magistrates , there is a couragious senate , that there are arms and a prison , which our ancestors have appointed to be for the avenging of unnatural and notorious villanies . . and all this shall be so carried , gentlemen , that the most important affairs with the least noise , the greatest dangers without alarme , an intestine and domestick war , the cruellest and greatest as ever was recorded , may be suppressed under my single conduct and generalship in the long robe : which i will so manage , gentlemen , if it be any wayes possible , that not so much as any criminal in the town may endure the punishment due to his treachery . but if open rebellion , if the imminent hazard of my countrey , shall force me from this temper of mind , i shall be sure to compass that other thing , which in so great and so dangerous a rebellion , seems a boldness to wish , that no honest person may miscarry , and that by the execution of a few , ye may be all preserved . . which things i promise ●ou , gentlemen , not upon confidence of my own wisdom , nor the cou●sels of men , but upon many , and those undoubted intimations of the immortal gods ; by whose guidance , i have come to this hope and resolution ; who now , not at a distance , as they were wont in forme● times , from a foreign and remote enemy , but here in presence , do defend their temples , and the houses of the city with their power and assistance ; whom you , si●s , in duty ought to petition , worship , and implore , that what city they have pleased to raise to be most beautiful , flourishing , and powerful , they would preserve from the unnatural treason of most desperate citizens , all the power of foreign enemies being subdued both by sea and land. the third oration against catiline . the argument . the conspirators that were in the city , omitted no time or means to strengthen their party , gaining all citizens that were ill-inclin'd or discontented , and strangers too : for lentulus observing that the allobroges , a nation about savoy , that now is , were deeply engag'd both on publick and private accounts , applies one umbrenus , who had traded there , to their embassadors ; promises relief of their condition , requires them to powre in a party of gallick cavalry to joyn with the italian infantry . they preferring certain favour before uncertain hopes , reveal the matter to q. fabius sanga , patron of their countrey , he discovers it to cicero , but is advis'd to put the ambassadors to hold on fair with them , and so sound the depth of the business , with means to discover it . they according to dir●ction , insist for an oath sign'd under their hands , to carry their state , which lentulus , cethegus , statilius gav● , cassius onely promis'd . the night of their departure homewards , cicero lodges two companies under the captains c. pontinius and l. flaccus , one on either side the pons milvius , which way they necessarily pass , and intercepts them , their guide titus vultureius , and with them a box of letters both to catiline and their senate . then by break of day summons a senate into the temple of concord . what was there done that day , b●ing the v. of december in the evening , informs the people at the place of assembly . . you see , countreymen , the state , and all your lives , your goods , estates , wives , and children , and this seat of the most renowned empire , the most fortunate and beautiful city , this day by the peculiar love of the immortal gods towards you ; by my labours , counsels , and dangers , rescued from fire and sword , and out of the very jaws of destruction , and preserved and restored to you . . now if those dayes , wherein we are delivered , are no less delightful and remarkable to us , than those whereon we are born ; because the joy of our being preserved is certain , the condition whereunto we are born , uncertain ; and because we are not sensible of our being born but take delight at our being preserved . in truth , since that we have extolled in love and glory romulus , tha● founded this city (a) to the immortal gods , he , sure , that has prese●ved this city so founded and enlarged , shall have reason to find some esteem with you an● your posterity . for we have quenched those brands , which were put to , well-nigh , and laid about , the temples , oratories , houses , and battlements of the whole city . we too have bea●●en back the swords drawn a●gainst the state , and have warded off the points of them from your throats . . all which having been in the senate cleared , manifested , and discoverd by me , i will now in short report to you , countreymen , that you , who both are ignorant , and desirous to be informed , may know , both how great , and how plain they are ; and by what course traced out and taken . first of all , since catiline , a few dayes ago , broke out of the city , having left in rome the complices of his treason , and the most stout commanders of this unnatural war , i alwayes have been vigilant and provident , countreymen , how we might be safe amidst so great and secret plottings . for then , when i routed catiline out of town ( nor do i now fear the censure of that word , the contrary being rather to be apprehended , that he went out alive ) but then , when i desired him to be banished the verge of this court , i either thought that the rest of the conspirators would have gone out together , or that those who tarried behind , would be weak and disabled withou● him . . but now since i saw tha● those , who , i know , were in●lamed with the greatest rage and malignancy , were amongst us , and tarried behind at rome , i emploied all my time day and night , to discover and see what they consulted and designed ; that so , seeing my report could find but small credit with your ears , by reason of the hainousness of the treason , i might render the matter so evident , that you should then in your minds provide for your safety , when you saw with your eyes the naked conspiracy : therefore , as soon as i came to know that the ambassadors of the allobroges had been tampered with by p. lentulus , to raise a transalpine war , and to put all gauland into an uproar , and that they were sent into gauland ● to their countreymen , and under one , with letters and instructions to catiline , and that vulturcius wen● along in their train and carried a letter express to catiline : i thought i had an opportunity to put into my hand , that what was the hardest point , and what i alwayes wished for from the immortal gods , the whole matter might be clearly discovered not onely by me bu● by the senate and your selves . . therefore yesterday , i sent for l. flaccus and c● pontinius praetors , most valiant and confiding persons ; i declared the whole matter , shewed them my pleasure . now they , as men of an eminent and singular affection to the state , without excuse or delay , undertook the business : and when it drew towards night , got secretly to (b) pons milvi●s , and there in the adjoyning towns so divided themselves , that the bridge and the river tyber was between them . they carried also along with them without any suspicion many stout men , and i too had sent thither many choice youths● wearing swords , out of the (c) jurisdiction of reate ; whose service i continually make use of in guiding of the state. . now the third watch being near ended , so soon as the ambassadors of the allobroges , with a great train began ●o be upon the bridge● and vulturcius with them , they are assailed , swords we●e drawn both by them and by ours . the matter was known onely to the praetors , was unknown to the rest . then at the coming in of pontinius and flaccus , the fray , that was engaged in , is appeased . whatever letters were in that retinue , are delivered with the seals entire to the praetors ; the persons apprehended are brought before me about break of day : hereupon i sent for the most dangerous contriver of all these plots , cimber gabinius , suspecting no such matter ; then afterwards p. statilius is fetcht , and after him cethegus ; latest of all came lentulus . i suppose because in making dispatches , late last night he had sate up beyond his ordinary hour . . now when it was the opinion of the most eminent and honorable men of the city , who upon hearing the matter , came early to my house in great number ; that the letters should be first opened by me , before they were moved in the house , lest , if there should be nothing in them , so great an alarm might seem to have been rashly given the city . i said , i would not , but in a publick danger , propound the matter first to the publick council . for , countreymen , if that had not been in them , which i was informed of , yet i did not suspect , that in so great dangers of the state , the blame of over-diligence , were to be feared by me , i suddenly called a full house , as you see . . and in the mean time , presently at the advice of the allobroges , dispatched c. sulpitius the praetor , a stout man , to search for arms in the house of cethegus ; from whence he brought out a great quantity of stiletto's and swords . i call'd in vulturcius without the gauls , and by the order of the house passed the publick faith to him , advising him , that without fear he wo●ld discov●r what he knew● thereupon he , being s●arcely come to himself from a great fright , said , that he had instructions from pub. lentulus to catiline , and letters that he should use the assistance of slaves , and bring his army with all expedition up to the city ; to that intent , that when they had fired the city in all corners , as it was laid out and divided , and had made an infinite massacre of the citizens ; he might be at hand to glean up them that escaped , and joyn his forces with these city commanders . . but the gauls , brought in , said , they had an oath ●nd letters given to them by p. lentulus , cethegus , statilius , to their nation ; and that such orders were given them● by these , and by l. cossius , they should send their cavalry with all speed into italy , and for infantry they should not want . also that lentulus had assured them out of the syb●●s books and the prophecies of southsayers , that he is that third cornelius , to whom the soveraignty and empire of this city must come : that sulla and cir●na had been before him ; and that he said this year was fatal for the destruction of this city and empire , being the (d) th , year after the absolution of the virgins , and (e) the twentieth since the burning of the capitol . they said too that there was this controversie between cethegus and the rest , that whereas lentulus and the others would have the massacre made , and the city burnt on the (f) saturnalia . cethegus thought , that was too long . . now , not to be tedious , countreymen , we commanded the letters to be produced , which were said to have been delivered by each person respectively . the first we shewed to cethegus , he knew the seal ; we cut the thread ; read it : there was written with his own hand , to the senate and the people of the allobroges , that he would effect , what he had assured their ambassadors : desiring that they also , on their part would effect what their ambassadors should direct them . then cethegus , who a little before had made some answer about the swords and daggers which were found in his house , and had said , that he was alwayes a lover of good blades : upon reading the letters , being dismayed and confounded , through the conviction of his conscience , was of a sudden put to silence . statilius was brought in , he knew both his seal and his hand ; the letters were read to the same purpose in a manner , as he confessed it . then i shewed lentulus his letter , and inquired , whether he knew the seal ? by nod he owned it . i marry , said i , it is a noted seal , the image of your grandfather , a most honourable person , who bare a singular affection to his countrey and countreymen , which might of it self , though dumb , reclaim you from so great a treason . . the letter in the same tenor , to the senate and people of the allobroges is read , if he had any thing to say for himself in this matter , i gave him liberty . thereupon he first denied it , but a little after , the whole information being produced and declared , he stood up , asked the gauls what he had to do with them , that they should come to his house ? asked vulturcius also the like , who having answered him in short and coherently , with resolution , by whose means , and how often they came to him ; and having asked him , whether he had spoken nothing to them about the sybils books ? then he of a sudden , being for his wickedness infatuated , shewed , how great the force of conscience is . for , whereas he might safely have denied that , of a sudden , contrary to the expectation of all , he confessed it : so , not onely that wit of his , and (g) practice of speaking , wherein he alwayes had good ability , but also through the greatness of his manifest and convict treason , that (h) impudence , wherein he surpassed all , and presumptuousness failed him . . but vul●urcius of a sudden requires , that the letters shoul● be produced and opened , which , he said , were given him by lentulus to carry to catiline . thereupon lentulus being exceedingly confounded , yet knew his seal and hand● now they were written without any name , but thus : who i am , you shall know of this bearer , whom i have sent express to you ; look that you play the man , and consider what pass you are come to , and see what is at the present necessary for you . look that you take on the aids of all , even of the meanest . then gabinius brought in , when as at first he began to answer peremptorily , at last denied nothing of that which the gauls charged upon him . . now as to me , countreymen , whereas those arguments and proofs of the treason seem most certain , the letters , seals , hands , lastly , the confession of every one ; so did those other seem more sure , their colour , eyes , looks , silence : for they were so amaz'd , so fix'd their looks on the ground , so slily now and then eyed one another , that no longer by others , but they seem'd to be by themselves discover'd . the proofs being produced and declared , i put the question to the senate , what they would resolve upon for securing the state ? most severe and courageous votes were given by the leading men , which the senate followed without any dissent ; and because the order is not yet drawn up , i shall repeat to you , countreymen , by heart what the senate voted . . first of all , the thanks of the house were given me in an ample manner , because by my courage , counsel , providence , the common-wealth had been delivered from most imminent dangers . then l. flaccus and caius pomplinius are deservedly and justly praised ; because they had couragiously and faithfully executed what i committed to their charge . ca. antonius a valiant man , my colleague , has his share of praise given him too , for having removed those that were engaged in this conspiracy from his cabinet council and the secrets of ta●te . and thus they resolved , that (i) p. lentulus having first laid down the praetorship , should be taken into custody : also that (k) c. cethegus , (l) l. statilius , and (m) publius gabinius , who were all personally present , should be committed : (n) and the same was voted too against lu. cassius , who had sued for a commission to fire the city : against (o) m. c●parius , to whom● as it was informed , apulia was allotted , for drawing in the herdsmen : against p. furius , who is of those plantations , that l● sulla settled in fesulae : against q. magius chilo , who together with this f●rius , was alw●yes busie in this practising the allobroges : against p. umbre●us , a freed-man , by whom as it was evidenced , the gaul● were first brought in to gabinius . . and the senate used such gentleness , countreymen , that , out of so great a conspiracy , and such a power and multitude of home-bred enemies , the common-wealth being preserved by the punishment of nine most rotten members , it is supposed the minds of the rest may be cured . and further , a thanksgiving to the immortal gods for their exceeding goodness , was voted to be kept upon my account ; which has never been done before to any in the long robe since the foundation of the city , but to me : and it was drawn up in these words , because i had delivered the city from firing , the citizens from slaughter , and italy from war. which thanksgiving if it be compared with others , countreymen , this difference may be sound , that others have been appointed for serving , mine for the preserving of the state. and that which was in the fi●st place to be done , is passed and performed . for p. lentulus , although discovered by his proofs and confessions , had been by the judgement of the senate (p) degraded not onely from the dignity of praetor , but from the liberty of a citizen , yet did lay down his magistracy ; that , what c. marius , that excellent person never scrupled at for the killing of c. glaucia , the praetor , against whom there was no vote passed by name , we might be delivered of that scruple , in executing lentulus a private man. . now , seeing , countreymen , you have the unnatural generals of this most wicked and dangerous rebellion , in hold and prison , ye ought to judge , that all the forces of catiline , all his hopes and strength , these dangers of the city being prevented , are fallen to the ground : whom indeed when i turned out of town , i fore-saw this in my mind , countreymen , that if catiline were got out of the way , i had no reason to fear , either the drowsiness of p. lentulus , or the fat guts of l. cassius , nor the hot-headed rashness of ca. c●thegus . he was the onely person of them all to be feared , but so long as he continued within the town , he had intelligence of every thing ; he had access to every body : he had ability , had confidence , to break the question to them , to feel them , to practise them : he had a head shaped for any exploit ; and to that head , was wanting neither tongue nor hand . now for the execution of his other business , he had certain choice and suitable instruments : nor yet , as soon as he had given a thing in charge , did he reckon his work done ; there was nothing but he overlooked himself , compassed in good time , watched and drudged for ; could bear cold , thirst , hunger . . this person , so eager , so forward , so audacious , so subtle , so watchful at his treason , so active in mischief , had i not driven from his secret ambushes in town , to open action in the field ( to tell you , countreymen , what i think ) i had not easily prevented this great mischief from falling upon your necks . he would not have pitched you the saturnales , nor so long before have given out the fatal day for the destruction of the state , neither would he have been so far overseen , as that his seal , his letters , no , not that any witnesses of such open treason should be produced . all which , now in his absence , have been so carried , that never was theft in any private house so openly detected , as this so great conspiracy in the state has been found and convicted . but if catiline had tarried in town to this day , although as long as he was here , i obviated and prevented his designs , yet , to speak with the lowest , we must have fought with him , nor could we ever , as long as that enemy had been in town , with so great peace , such quiet , such silence , have freed the state from so great dangers . . although all these things , countreymen , i have so managed , that they may be perceiv'd to have been fore-seen and carried on by the councel and guidance of the immortal gods. which , as we may conjecture , because the conduct of such weighty affairs may hardly be judged within the compass of humane policies , so indeed in such present manner of late have they aided and assisted us , that we might almost see them with our eyes : for , to wave those things , meteors like torches in the west , seen by night , and the heavens as it were all on fire ; to pass by lightnings , earthquakes , and the other prodigies , which have happened in our consulship , so many , that the immortal gods seem with a voice from heaven to have proclaim'd the things which are now come to pass . this one thing , countreymen , which i shall mention , must neither be omitted , nor neglected . . for yee must needs remember , when cotta and torquatus were consuls , that many turrets in the capitol were struck with lightning , what time also the images of the immortal gods were beaten down , and the statues of ancient men overthrown , and (q) the brass tables of the law melted ; romulus too , that founded this city , was smitten , whom , you remember to have been gilt in the capitol , a babe , and sucking with the wolves teats in his mouth . at what time , the diviners , having been convented from all etruria said , that slaughters and fires , and the abolition of the laws , and civil and domestick wars , and ruin of the whole city and empire did approach ; unless the immortal gods , attoned by all means , should by their absolute power almost alter the course of fate . . therefore upon their interpretations at that time , both plays were for ten days celebrated , and nothing omitted , which might tend towards the atonement of the gods. the same southsayers too gave order , to make a larger image of jupiter , and to place it on high , and turn it east , contrary to what it had been before ; and said , they had hopes , if that image , which you see , looked towards the east , and the iudgement-hall and the senate-house , it would come to pass , that those designs , which were secretly plotted against the safety of the city and empire , should be brought to light ; so that they might be clearly seen by the senate and people of rome . now those consuls agreed with workmen to have it erected in that posture ; but the slowness of the work was such , that it was neither set up by the former consuls , nor by us till this very day . . here , who can be so destitute of truth , so obstinate , so senseless , as to deny this whole visible world , and especially this city , to be ruled by the providence and power of the immortal gods ? for whereas such interpretation was given , that slaughters , fires , and subversion of the state , were in contriving , and that by lewd citizens ; which at that time for the hainousness of the crimes , seemed to some incredible : you have found those things , not onely designed , but also attempted by unnatural citizens . and is not that so plain a thing , that it may seem to have come to pass by the guidance of the good and great iupiter , that when as to day morning , both the conspirators and the informers against them , were by my order carried into the temple of concord , at that very time the image was setting up ? which being placed , and turned towards you and the senate , both the senate and you have seen what things were contrived against the safety of every one , to be all brought to light and manifested . . so much the more hatred and punishment were they worthy of , who have endeavoured to wrap in a deadly and unnatural flame , not onely your seats and houses , but also the temples and oratories of the immortal gods ; whom , if i should say that i resisted , i should take too much upon me , and were intolerable . it was that , that iupiter that resisted them . he was pleased to preserve the capitol ; he , to preserve these temples ; he , this city ; he , all of you . by the guidance of the immortal gods , i receiv'd these impressions and impulses , and attained to these so evident proofs . now this practising of the allobroges , a business of such importance , would never truly have been so sottishly trusted by lentulus , and the other home-bred enemies , both to strangers and to barbarians ; nor letters committed , unless by the judgement of the immortal gods so desperate an attempt had been deprived of ordinary prudence ; nay , that gauls being of a state hardly well-reduced , which is the onely nation left , that seems both able and not unwilling to make war with the roman people , should yet neglect the hope of empire and of great advantages , freely offered them by patricians , and should prefer your safety before their own power : do you not think that this came from god ? especially when they might have overcome us , not by fighting , but by holding their peace ? therefore , countreymen , seeing that a thanksgiving is voted before all the images , solemnize those dayes with your wives and children . for many honours have been justly and of due given to the immortal gods , but in truth none ever more justly : for being rescued from most cruel and miserable destruction , rescued without slaughter , without blood , without army , without fighting , in your gowns , i being your commander and general in the long robe , yee have gotten the victory . . now call to mind , countreymen , all civil dissentions , not those onely , which yee have heard of , but these also , which your selves do remember and have seen : l. sulla suppressed (r) p. sulpitius ; he banish'd c. marius , the preserver of this city , and many valiant men , he partly banished , partly slew . (s) cn. octavivius being consul , chased out his colleague from the town by force of arms. all this place was covered with heaps of corpses and the blood of citizens . afterwards (t) cinna and marius prevailed . but then (u) the most eminent men being slain , the eyes of the city were put out ; afterwards (x) sulla avenged the cruelty of this victory ; with how great diminution of the citizens and calamity of the state (y) it need not be mentioned . (z) m. lepidus dissented from quintus catulus , a most gallant and valiant man , not so much his own destruction brought sorrow to the common-wealth as that of others . . and these dissentions were of this nature , countreymen , as ●ended not to the aboli●ion , but the change of government . these men did not desire the state should be confounded , but that themselves should be the principals in such as was . nor would they have the city burnt , but themselves to flourish in it● yet all these dissentions , whereof none desired the destruction of the state , were such , as they were decided , not by an accommodation of parties , but by the carnage of citizens . but in this war , the greatest and cruellest of any recorded ; such a war as never any barbarians waged with their own nation : in which war , this condition was resolved upon by lentulus , catilin● , cassius , cethegus : that all they , who could save themselves in saving the city , should have no quarter given ; i have so behaved my self , countreymen , that all of you are preserv'd in safety . and when as your enemies had reckoned , that so many citizens should survive as were the remainder of a boundless massacre ; and so much of the city should stand , as the flame could not take in , i have preserved both city and citizens safe and sound . . for which so great actions , countreymen , i require from you no (a) reward of vertue , nor (b) badge of honour , nor (c) monument of praise besides the everlasting memory of this day . i would have deposited and erected in your bosomes , all my triumphs , all ornaments of honour , monuments of glory , badges of praise . no dumb thing can take with me , nothing silent ; in a word , nothing of that nature , which men of not any great merit may attain . in your memory , countreymen , shall our actions be cherished , in your discourses shall they grow up , in the records of history shall they come to age and full strength ; and i judge , that the same length of time , which i hope will be paralel to eternity , is propagated both to the preservation of this city , and to the memory of my consulship ; and that at one time in this state were (d) two citizens ; the one whereof has bounded the extent of your empire , no● by the terrestrial but the celestial regions ; the other preserved the mansion and seat of the same empire . . but because there is not a like fortune and condition of the things which i have acted , as of those , who have waged foreign wars ; because i must live with them i have vanquished and subdued ; they have left their enemies , either slain , or brought into bondage . it is your part , countreymen ; to provide , if others good actions advantage them , that mine may not come to prejudice me . for , that the treacherous and unnatural intentions of audacious men , might not hurt you , i have provided : that they may not hurt me , it is your part to provide . although countreymen , my self cannot be hurt by them ; for there is great protection in the good party , which is gained to me for ever : great dignity in the state , which will alwayes silently defend me ; there is a great aw of conscience , which whosoever shall slight , when they go about to hurt me , will betray themselves . . there is further in us such resolution , countreymen , that we are so far from giving way to the boldness of any , as we do alwayes voluntarily defie all traitors . now if all the assaults of the home-bred enemies diverted from you , should return upon my single person● you , countreymen , must look to it : in what condition you would have them hereafter stand , who shall interpose themselves to envy and all dangers for your preservation . for my self , what is there more , that can be acquired to the content of life , especially since i see no higher step , ●hat i care to ascend either in place of honour from you , or in praise of vertue . . this , countreymen , in truth i will effect ; what i have managed in my consulship , when i am come to be a private man , to maintain and improve . that if any envy for preserving the state , has been incurred , it may turn to their hurt onely that ●ear it , but to my glory . in summe , i will so deport my self in the state , alwayes to remember what i have acted , and give diligence , that it may appear , to have been managed by vertue and no●●or●une . you , countreymen , seeing it is now night , go pray to that jupiter , the guardian of this city and your selves , and go away to your houses , and though the danger be now over , yet watch and ward them as yee did the night before ; that yee may not long be put to that trouble , but continue in peace without interruption , i shall provide . the fourth oration against catiline . the argument . the conspiracy being thus fully discover'd , a senate is call'd on the vi. of december , with order that a reward be bestow'd on the ambassadors of the allobroges and titus vulturcius , for giving information of the plot , and in the night to avoid a tumult of the people , the prisoners were convey'd into the common gaol ; but l●ntulus by divers of his liberti and clients , spread into several quarters , assay'd to hire workmen and shop-keepers to rise and rescue him . so cethegus animated his fencers and stout men that were in his crew , to make their way in to him with their weapons . vpon notice of which tully calls the senate again on the vii . and puts it to the question what the house please should be done with the prison●r● ? where finding them divided , and some out of tenderness to him , inclinable to a less severe censure , he perswadeth them to be unanimous , and before night pass their sentence with diligence and courage . . i see , my lords , all your faces and eyes turned towards me , i see you solicitous , not onely for your own and the commonwealths danger , but , ( although that be prevented ) for mine also . your affection to me in this perplexity , i take kindly , and thankfully , amidst my grief● but i beseech you , for the immortal gods sake , lay that aside , and forgetting my safety , think upon your selves and your own children . for my part , if this have been made the condition of my consulship , that i must undergo all extremities , all pains and torments , i shall endure them , not onely couragiously , but even contentedly , so that by my pangs , deliverance and honour may be brought forth to you and the roman people . . i am that consul , my lords , who have never found the pleading hall , wherein all equity is preserved , nor the camp consecrated to the election of consuls : nor the senate , the supream relief of all nations , nor my own house , the common refuge ; nor bed , ordained for repose ; nor lastly , this seat of honour , the ivory chair , free from the danger of my life and plots . i have concealed much , endured much , yielded much , have with some regret of my own in your fears , healed much . now if the immortal gods are pleased to have this the issue of my consulship , that i should rescue you , my lords , and the roman people from a miserable massacre , your wives and chil●ren and the vestal virgins , from most violent haling ; their temples and oratories , and this the most noble countrey of every one of us , from a most execrable flame ; all italy from war and desolation ; whatever fortune shall be proposed to my single person , let it fall . for if p. lentulus , seduced by fortune-tellers , has thought his name should be fatal to the destruction of the state ; why should not i r●joyce , that my consulship has been almost fatal to the preservation of the common-wealth . . wherefore , my lords , look to your own interest , provide for your countrey , pr●serve your wives , children , and estates ; defend the name and safety of the roman people ; forbear your tenderness for me , and to be anxious on my behalf . for first , i have grounds to hope , that all the gods , that are tutela● to the city , will render unto me according to my desert . then , if any thing should fall out amiss , i shall be contented and ready to die : for death can never come dishonourable to a valiant person , nor untimely to him that is consular , nor unfortunate to a wise man. neither yet am i so obdurate as not to be moved with the affliction of my most dear and loving (a) brother here present , and with the tears of all these you see me surrounded with . nor , but that (b) my wife dismay'd , my c daughter distracted with fear , and the little babe (d) my son , whom the common-wealth seems to hug as the hostage of my consulship , do often call my thoughts home ; nor am i unconcerned for my (e) son in law● who stands here in my sight , waiting for the issue of this day . i am moved at all these things , but to that side , that they may be all preserved with you ; although any violence should overwhelm me , rather than that they and we should be involved in the univers●l ruin of the state. . wherefore ( my lords ) apply your selves to the preservation of the common-wealth , look well about for the storms , that hang over you , unless you provide against them . it is not a tib. gracchus , that would the second time be made tribune of the commons , not g. gracchus , that endeavoured to stir up men to the claims of publick lands ; not ● . saturninus , that slew c. memmius is called in question , and brought to the tryal of your severity : but those are in hold , who tarried at rome for the burning of the city , the massac●ing of all of you , and letting in of catiline . their letters , seals , hands , are produced , in a word , every ones confession ; the allobroges are practised , slaves raised , catiline invited : such a plot was laid , that all should be cut off , and none left , no not so much as to deplore the name of the people of rome , and lament the calamity of so great an empire . . all this informers have declared , the criminals have confessed , your selves have by many verdicts already prejudged : first , in that yee gave me thanks in singular terms , and did declare that by my vertue and diligence the conspiracy of desperate men was discovered . then in that ye obliged p. lentulus to lay down the praetorship . then that you voted both him and the others , on whom you pass'd sentence to be committed ; and especially in that you ordered a thanksgiving in my behalf ; which honour has not been given to any in the long robe before me . lastly , in ●hat yesterday , you gave most large rewards to the ambassadors of the allobroges and titus vulturcius . all which things are of that nature , that those who have been put in prison by name , may , without any controversie appear to have been condemn'd by you . . but i have resolved to move the question anew to you , both concerning the fact , what you judge of it , and concerning the punishment , what you resolve upon ? yet i will onely premise what belongs to my place as consul . i long since saw a great malignancy working in the state , and certain new mischiefs brewing and stirring : but that , so great , so deadly a conspiracy as this was made by citizen● , i never dreamt . now whatever it be to which your minds and resolutions bend , you must determine it before night . how great a treason has been discovered , you see . if you think but few to be accessary to it , you are greatly mistaken . the mischief is spread farther than you imagine . it is diffused not onely over all italy , but has past beyond the alps , and creeping secretly , has already seized many provinces . it can by no means be crushed by forbearing and delaying ; whatever way you think ●it , it must suddenly be punished . . i see as yet but two votes , the one of d. silanus , who resolves , that , they which endeavoured to destroy these things , should be punished with death . the other o● c. caesar , (a) who excludes the penalties of death , but takes in all extremities of other punishments . the one and the other both according to his dignity and the atrocity of the fact deals with the highest severity . the one judges , that , they who endeavoured to deprive us all , and the roman people of life , to ra●e the empire , to extinguish the name of the roman p●ople , ought not one moment to enjoy li●e and this air we breath in● and quotes presidents that this sort of punishment has been often used against seditious citizens in this state. the other is of this judgement , that , death was never appointed by the immortal gods for a punishment , but either a natural necessity or rest from labours and miseries ; therefore that wisemen n●ver unwillingly and valiant men have often cheerfully embraced death : but that bonds , and those everlasting , have in truth been invented for the singular punishmen● of unnatural wickedness . hereupon he orders , that , they should be imprisoned in the several burroughs . this thing , if you command it , seems to carry oppression with it ; difficulty , if you require it ; yet let it pass , if it be your will and pleasure . for i shall promise , and i hope prove the man that does not th●nk it suitable to his office , to dispute that which you shall determine for the publick good . 〈…〉 in hell , because it seems they were of judgement , that if those were removed , death it self were not to be dreaded . . now , my lords , i see , what it makes for my interest , if you shall follow caesar's vote ; seeing he has stood that cou●se which is coun●ed popular in the state , perchance i shall have less reason to dread the insults of the people ; he being the author and perswader of this resolution . if you shall choose the other , i do not know , whether i shall have any further trouble at all . but yet let the advantage of the state prevail over the considerations of my private dangers . for we have from c. caesar as his own dignity and the honour of his ancestors required , this his vote as an hostage of his perpetual good affection to the state. it is to be discerned ; what difference there is , between the vanity of demagogues and a mind truly popular , seeking the safety of the people . . i see some body of those that would be counted popular , absent , that they may not pass s●ntence on roman citizens in good time . the same person both the other day committed cethegus and p. lentulus roman citizens , to prison , and voted a thanksgiving for me , and yesterday highly rewarded the informers . now , none can question what he , who has voted imprisonment to the malefactor , thanks to the judge , reward to the informer , judges concerning the whole case and business . but now c. caesar conceives , the sempronian act was made concerning roman citizens , whereas he , that is an enemy to the state , can by no means be a citizen . in a word , that● the very maker of the sempronian act , by order of the people was executed for his treason . he too , does not think , that , lentulus the prodigal , an● the great corrupter of the people● having so bitterly and cruelly plotte● th● subversion of the state● an● the destruction of the city , can be called popular . therefore like ● soft and good natured man , h● sticks not to commit p. lentulus to everlasting chains and darkness ● and enacts for the future , that no one , may vaunt himself in the release ●f his punishment , and com● to be popular to the ruin of the state ● he further adds , the confisc●tion of their goods , that the want a●● begg●ry of the body may follow 〈◊〉 the torments of the soul. . wherefore , whether you shall conclude upon this , you will furnish ●e with a companion to the assembly , that is beloved and ●aking with the roman people , or , if you shall follow that other vote of silanus , you will easily justifie me and your selves from any aspersion of cruelty , and i shall have it granted that that was far the gentler cause . although , my lords , what cruelty can there be in punishing the inhumanity of so great treason . now i judge as i am sensible of the nature of the fact ; for so may you and i long enjoy the quiet of the state , as my earnestness in this case does not proceed from any bitterness of spirit : ( for who can be milder than i ? ) but from a king of singular tenderness and compassion● for me thinks i see this city , the light of the whole world , and the cittadel of all nations of a sudden sinking in one con●●agration : i see in my mind my countrey buried , heaps of citizens , miserable and unburied , the look of cethegus , and his rage swaggering in your slaughte● passes before my eyes . . but when i consider lentulus , upon the throne , as himsel● confessed , that he expected by prophesies , this gabinius his cou●tier clad in purple , catilin● come with his army ; then ● dread the shrieks of honest women , and the ●light of virgins and boys , and the haling of vestal priestesses ; now because these things seem to me miserable an● pitiful in the excess ; therefore i shew my self severe and earnes● against those , who designed to accomplish them . for i put the case , if any master of a family having had his children dashed i● pieces by his servant , his wife killed , and his house burnt should no● in●lict a most sore punishment upon the slave , were he to be thought gentle and merciful● or a most inhumane and cruel creature ? in truth i should think him hard-hearted and senseless that should not ease his own grief and torment with the grief and torment of the malefacto●● so we towards those men , which would murder us , ou● wives , and our children , who endeavoured to raze the particular house of every one of us , and this general seat of the e●pir● , who attempted to place the nation of the allobroges in the ruins of this city , and in the ashes of the consumed empire . if we shall be most eager , we shall be accounted merciful● if we shall be slack , we must undergo the infamy of the greatest cruel●y● in the destruction of our countrey and countreymen . . unless perchance , (f) l. caesar , a most valiant and well-affected patriot might be thought the other day by any one somewhat cruel ; when ●e said his brother in law , the husband of his own (g) sister , a most vertuous lady , when he was there presen● and in hearing , must be put to death ; when he further said , that , his grandfather was slain by the order of the consul , and his young so● ambassador from the father , executed in the prison ; whose action how far short came it of this ? what plot was there laid to confound the common●wealth ? (h) a corrupt humor of pro●useness was then stirring in the state , and a kind of stickling for parties . now at that time the grandfather of this lentulus , an honourable person , in arms pursued gracchus , and then received in his body a sore hurt , that the majesty of the state might in no point receive abatement . this here present to subvert the foundations of the state , called in the gauls , raised the slaves , invited catiline , allotted us to be assassinated by cethegus , the other citizens to be murdered by gabinius , the city to be set a fire by cassius , all italy to be laid wast and plundered by catiline . you may be timorous , i warrant you , lest in so barbarous and unnatu●al a treason you may be thought to have passed too severe a sentence , when ye ought much rather to dread least by remissness of punishment you should be rather judged cruel to your countrey , than by severity of execution , too vigorous towards its most bitter enemies . . but , my lords , i cannot conceal , what i hear boldly spoken ; for words are given out , which are come to my ears , of some as would seem to fear my having strength enough to put in execution what you shall this day enact . all things are provided , ready , and concluded upon , my lords , both by my great care and diligence , as also by the far greater forwardness of the roman people to retain their empire , and preserve their common ●●rt●nes : all men of all ranks , nay of all ages are here : the market-place is full ; all the avenues of this house and temple are full : for since the foundation of the city , this is the onely case has arrived , wherein all persons are of one and the same mind , excepting those who seeing themselves must perish , choose rather to pull down all than to fall alone . . these men i am willing to exclude and separate ; for neither do i reckon them in the number of bad citizens , but of most desperate enemies . but the rest now ( immortal gods ! ) with what concourse , with what earnestness , with what courage , do they conspire to the common honour and safety ? (i) what do i mention here the roman knights , that so render to you in supremacy of order and counsel , as that in good affections to their countrey , they contend with you ; whom after many years dissention this day and this cause joyns to us , having reduced them to an agreement and unity with our order , which conjunction consummated in my consulship , if we shall hold steadily in the common-wealth i assure you , no civil and home-bred mischief shall hereafter accrue to any part of the state. i see the commissioners of the treasury , most courageous persons ; and also all the clerks have flocked hither with the like affection to defend the state , whom this day having casually drawn to the treasury , i see to be turned from attendance upon their lot to the common safety . all the multitude of freemen assists , even of the meanest . . for who is there , to whom these temples● the very face of the city , possession of liberty , in a word , this very light , and this common ground of his countrey , is not both dear and also sweet and delightful ? it is worth the while , my lords , to observe the factions of the freedmen , who having by their industry purchased the fort●ne of the city , judge this in truth to be their own countrey . whereas (k) some bo●● here , and born in the highest rank , have not judged it their count●ey , but an enemi●s city . but why do i mention men of this rank , whom their private fortunes , whom the common state , whom , lastly , that liberty , which is most sweet , has raised to defend the safety of their countrey ? there is no slave , that is but in a tolerable condition of service , but dreads , but desires to withstand the audaciousness of desperate citizens , but contributes as much as he dares , and as much as he can , to the common endeavour after safety . . wherefore , if what hath been said , do chance to weigh with any of you , that a certain pimp of lentulus's , bustles about the shops , hoping that the minds of indigent and simple men may be wrought upon with money ; such a thing indeed was set on foot , and attempted ; but there were none found so much either in fortune miserable , or in principles debauched , but desired that very (l) place of his stall and work and daily earnings , (m) but his bare lodging and bed ; (n) nay , but the very idle course of their life , to be in safety : yea far the greatest part of shop-keepers , or in truth ( for it should rather be so said ) that whole rank is very fond of peace ; for all their tools , all their day-labour and gain is supported by the populousness of the towns , and cherished by peace ; whose gain , if it be impaired at the shutting up of their shops , what would become of it , at the burning of them ? . which things being so , my lords , you do not want the guards of the roman people , look to it , that ye be not thought wanting to the people of rome . you have a consul reserved from many dangers and plots , and from the midst of death ; not for his own life , but for your safety : all ●anks do conspire in mind , affection , endeavour , courage and voice , to preserve the state : the common countrey , beset with fire-brands , and the weapons of the unnatural conspiracy , humbly holds forth her hand to you : to you comments her self , to you the life of all her citizens , to you the tower and capitol , to you the altars of the houshold gods , to you the continual and everlasting fire of (o) vesta ; to you all the temples and oratories of the gods ; to you the battlements and houses of the city . besides , this day you must pass judgment upon your own lives , the breath of your wives and children , the fortunes of all , your houses and healths . . you have a lead●r , regarding you , forgetting himself , an opportunity not alwayes given . you have all ranks , all men , ●ll the roman people , which in a civil case we now first behold in one and the same mind . consider , how one night has almost confounded an empire , founded with what labours ? a liberty established upon what valour ? fortunes improved and raised , by what bounty of the gods ? that such a thing may never herea●ter be not onely effected , but contrived ; you must this day provide . nor have i spoken all this to press you , who in your affections do almost out-run me : but that my voice , which ought to be leading in the government , may appear to have discharged the duty of a consul . . now before i come home to my vote , i 'll premise a word concerning my sel● . i see that i have drawn upon my self so great a multitude of enemies as is the party of the conspirators , which you perceive to be very great ; but i judge to be base and weak , contemptible and lost . but if in any time to come that party , headed by the fury and treachery of any person , shall come to be more prevalent than your honour and that of the state ; yet i shall never repent , my lords , of my actions and counsels : for death , with which perchance they menace m● , is appointed for all ; but so great a praise of life , as you by your acts have honoured me with , no one has attained to : for , ye have voted to all others alwayes thanks for having well-served ; but to me alone , for having preserv'd the state. . let that scipio be renowned , by whose conduct and valour hannibal was obliged to face about into africa and quit italy ● let the other africanus be adorned with excellent praise , who razed two cities most incensed against this empire , carthage and numantia : let lu. pa●lu● be accounted an extraordinary person , whose chariot , the once most puiss●nt and noble king perses honoured : let m●rius be in eternal renown , who freed italy ●rom siege and the fear of bondage : let pompey be advanced beyond them all , whose actions and gallantries are contained in ●he ●ame coun●r●ys and bounds , as the course of the sun. there will be in truth amidst the praises of these persons , some room for our glory ; unless perchance it (p) be more to open us provinces , whither we may escape ; than to look that they that are absent , may have a place , whi●her they may return victorious . . although in one point the condition of a foreign victory is better than that o● a domestical one ; because ou●landish enemies either are subdued and brought into bondage , or reconciled , and judge themselves obliged by that favour . but they which from the rank of citizens , depraved by some false principle , are on●e turned enemies to their coun●rey , when you have put ●hem by their mischievous intentions , you can neither by force restrain , nor by any kindness reconcile : wherefore i see i have entred into an implac●ble quarrel with revol●ed citizens , which yet i have good confidence may be by your and all honest mens assistance , and thorow the memory of those grea● dangers , which shall alwayes stick not onely in this people , which has been preserved , but also in the discourses and minds of all nations , fairly beaten off from me and mine . nor indeed shall there ever be found any so great power which can infringe and shake the union that is between you and the roman knights , and such an harmony of all ●he well-affected . . which things being so , my lords , instead of a generalship of an army , of a government , which i have neglected ; instead of a triumph and other badges of pra●se , which have been slighted by me , in rega●d of the cities and your preservation : instead of clients and provincial friendships , which yet with my estate in town , i do with no less labour support than purchase : instead therefore of all these things , and in reward of my singular affections towards you , and for this diligence , which ye behold in preserving the state , i require nothing more of you , but the remembrance of this time and my whole consulship , which , while it shall continue fixed in your minds , i shall judge my self incircled with a most impenetrable wall . but if the (p) violence of of the ill-affected , shall deceive and over-match my expectation , i commend to you my little (q) son , who assuredly shall have guard enough , not onely for preservation , but also for honour , if ye shall remember , that he is his son , who has alone at his own peril preserved the whole state. . wherefore , my lords , resolve cautiously , as ye have begun , and stoutly , concerning your own and the roman peoples being , that lies at stake , concerning , your wives and children , concerning your temples and religious places , concerning the houses and mansions of the whole city , concerning empire and liberty , concerning the safety of italy , and concerning the whole common-wealth ; for ye have a consul , who shall never dispute to follow your orders , and is able , whatsoever you shall decree , as long as he shall live , to defend and by his own interest maintain . finis . notes, typically marginal, from the original text notes for div a -e (a) much of the divisions in the popular state of rome , was about a levelling the state , in such sort a● that the over-weal●hiness of some grandees , and extream indigence of the generality , might be taken away , and a middle proportion of estates , the very soul of democracy , might be establish'd ; to support marriage and enable to warfare , two great instruments of empire . to effect this , c. licinlus stolo procur'd a law , limiting each citizen within the possession of acres ; and also to a rate of great and small ca●tl● and servants to keep them but as this law was above years e'r it could be obtain'd , so within less than years i● was undermin'd and quite overthrowns and all italy found ingrossed into the hands of a few lords , who leas'd it out to slaves and barbarians . this mischief c. laeli●s sought first to redress , but was wrought off by the wealthy party , and thereby acquir'd the title of the wise. then tiberius gracchus undertook the reviving of it , with the advice of crassus the high-priest , mucius scaevola , the eminent lawyer , then consul , and appius claudius his father-in-law ; upon most moderate condi●ions , not of restori●g the lands illegally held and refunding the mean profits , but of parting with them for a valuable consideration , to their poor ●ellow-citizens ( himself , his fa●her-in-law appiu●●laudius , and his brother c. gracchus being ioynt-commissioners for the dividing those lands . ) and contenting themselves with acres , and their children with half as much . yet in the very publishing of it , he was taken off , as was su●pos'd● by scipio na●ic● , who was , through the envy of the fact , fain to retire from his countrey . (b) sp. melius for distributing corn to the commons in tim● of great dearth , fell under suspicion of affecting a supremacy : hereupon qu. cincinnatus is made dictator , or protector , and captain general ; ( an officer not appointed but in time of great fea● , and to continue but six moneths ) he nominates q. servilius ahala his lieutenant general or magister equi●um ; who summoning sp. melius , upon his non-appearance before him , sent and stab'd him . (c) an order for the safety of the common-w●alth . hereby wa● committed to the consuls a power of levying war and executing martial law upon citizen of ally , not allow'd but in case of extream danger . (d) c. gracchus ca●ry'd on the design of his brother and among other laws , that of dividing ●he lands of conquest ; hims●lf , m. fulvius ●laccus and papi●ius carbo being ioynt-commissioners : ●he two former were slain by order of l. opinius , and the son of m. fulvius sent to intercede for hi● father , being a comely and bashful youth , when sent back , with charge of coming no more , returning , by his fathers order was cruelly kill'd in prison , having nev●r bore arms. l. opinius was after upon some occasion condemn'd and banish'd . (e) salust reckons up xi senators of the conspiracy , lentulus , antonius , longinus , cethegus , p , & ser. sulla , vargunteius , annius , lecca , bestia , & curius . (f) c. cornelius sulls and m. c●●●thegus . appian . salust joyns with c. cornelius , l. v●●●gunteiu● , but him he had nominated as a sen●tor before . (g) he is reported ●o have marry'd her that w●s judg'd his daughter , to have kill'd his brother , and got him after he was dead excepted from pa●don . (h) he is imply'd to have made ●way his first wife , to make ● room for aurelia orestilla ; whom , because she did not like to have a grown step-son , he is also recorded to have gra●ifi'd with the taking him also off out of the way . (i) when l. ●orqua●u● and l. cotta design'd ●onsuls , were to ●nter upo● their office , l. catiline , p. an●ronius , and c. piso , about th● th of december conspir'd to kill them ; afterw●rds they put it off to the th of the following february , what tim● they combin'd no● only to kill th● consuls , bu● most of th● senators● which had been effected , had not catiline been ●ver-forward to give the word , before all the conspirators we●e m●t together : this was two years past , and is call'd his former conspiracy . (k) it was forbidden to wear arms in the place of assembly , in the iudgment hall ; and in the 〈◊〉 ● (l) t● pass by those of lesser mark● he slew of those in the black book o● sulla , l. caecilius , m. volumenius , l. tanusiu● , and m. marius , gratidianus , one dear to the people and intimate with tully , whose ●eeking head and full of spirits , be carried in his hand to sulla , from the one end of the city , beyond the bridge , to the other . (m) when l. catiline was chief iustice in the province of africa , he so pillag'd the subject , that he was accus'd of bribery by clodius , whom he so corrupted , that he shamefully betray'd the cause , and so came off ; again being indicted of murder , for his many slaughters in the action of sulla , by the favour of the nobility , who favour'd sulla , he was clear'd . (n) the heathens had a strong su●erstition about the accidents , or voices of birds or men , particularly at the entring upon a journey , especially in any great undertaki●g ● that they were ominous , if good , to the ●lessing , if bad , to the blasting their design . therefore he thus ●oe-speaks ill success to his design'd expedition . (o) this being spoken in the temple of jupiter s●ator , hath a greater presence of 〈◊〉 and dev●tion , and a kind of solemn excommunication , some image of ●hich was even among the heathens in use towards men guil●y of treasons , murders , and such high misdemeanors . notes for div a -e (a) stabbing was infamous in all ages , whence those braves or assassines that were noted for cowardly and desperate lying in wait to murder men● were from the ponyard which they carried , being in latine sica , called sicar●i . (b) mars's field was a piece of town ground ( the ancient crown-land ) which the romans at the expu●si●n of tarquin the proud , seized and converted to the use of electing their magistrates in it . now there was a statu●e in rome , tha● none should bring a weapon in● to the place for assembly of the people , nor into the senate , nor into the iudgment hall. but catiline had in ● former conspiracy come to the consular election arm'd , with design t● cut off the consuls . and now tully some few dayes before , at the late election of consuls , as going in fear of his life , had come into the field of mars , wearing a great remarkable coat of male. (c) pompey had a● that time clear'd the mediterranean of pirates , and had well-nigh dispatch'd the long wa● with mithridates king of pontus . (d) it was a fundam●ntal law in rom● of the xii . tabl●s , not to h●ld night me●●ings within the city● and there was a ●●●binian s●●tute , q●● conciones ullas cl●ndestinas in 〈◊〉 ● be con●●avisset , more majorum capitall sup●licio mult●retur . po●tius latr●● , h● that s●all draw tog●ther 〈◊〉 meeting● within 〈◊〉 city● 〈◊〉 suffer th● pains of high treason , which was with the romans to 〈◊〉 ●yed to ●he whipping-post , scourg'd , and beheaded . (e) ca●iline leaving the town , wrote le●ters upon the way to his friends and the prime of the nobility , that being he saw hims●lf ●ircumvent●d by false accusation , and could ●ot withstand the 〈…〉 of his 〈…〉 with dr●●n to 〈◊〉 se●●les ; 〈◊〉 in 〈◊〉 no● 〈◊〉 he we●● conscio●● 〈◊〉 himself of any such crime , but to prevent all occasion● 〈◊〉 ●●●t●rbing the publick peace . 〈◊〉 is ● famous port in france , planted from asia in 〈◊〉 ●imes of the persian empire ; of old renown'd for 〈◊〉 , ●ith other vertues , policy , learning , and an emi●ent aff●ction to th● roman state. (f) in cases of extraordinary publick necessities , there have been fram'd acts or p●oclamations , for the releasing all old debts to a certain day . such was the jubilee among the hebrews , such the act call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 among the greek● , as t●●se novae tabulae of the romans ; and such in some measure are acts in these later times , for the releasing of poor prisone●● , that shall swear themselves not worth or l. (g) like the fish●rm●n in ●he fable , who troubled the waters , ●hat ●e might c●tch the ●ore fish. (h) sulla having overthrown the marian party and master'd the state , plac'd his victorious army in the attainted lands ; which h● divided amongst legions . (i) the measure of commendable and proper habit , is such as either conduc●th to , or at least consists with readiness of action in every ones place ; therefore the romans condemned in men , especially souldiers , garments with sleeves and trains . (k) to sing , play on instruments of musick and dance curiously , were qualisications of no credit at rome , and look'd upon as light and aiery , nor suitable to the roman gravity , but in high esteem among the grecians . (l) a ridg● of hills running the length of italy north and south from the alps to the streight of sicily . notes for div a -e (a) when romulus was for his absolute and rough disposition in government , torn in pieces ( as some suspected ) by the senate : the same senate to allay the grief of the people and colour that action , voted him divine honours : what time also julius p●oculus a roma● knight , made oath that he had app●ared to him in a shape more excellent than humane , and by him sent a certain message to the senate , upon which depended the future glory of that empire . (b) pons milvius a town two mile from rome i● the via flaminia , where was a bridge over the tyber not unlike our bow-brid●e . (c) towns where mark●ts were kept ev●ry ninth day , and causes heard , or sessions and assizes held , w●re call'd prae●ecturae . reate is a town of the sabines , the very navel o● it●ly and countrey of varro . (d) absolu●ion ] marcia and licinia were absolv'd by l. metellus high priest , with the whole colledge , onely aemilia condemn'd for incest . (e) bu●ning ] l. scipio and norban●s being consuls , the capitol which had stood from the time of the kings years and upward , and was before the vsurpation of sulla burnt . (f) the ●east of saturn was the th of december , what time the whole city us'd to go to the moun● aventine , there to sacrifice and keep festival as it were in the countrey . the chief magistrates were therefore then to be out of town , and much licence allow'd the apprentices and slaves , who were for that time of mis-rule exempted from the commands of their masters . (g) p lentulus was a nobleman , that year one of the eight pretores u●bani , or chief iustices of rom● , in speaking , his ma●ter and language however indifferent , yet the comliness of his person , gesture of his body , full of art and gracefuln●ss , a sweet and loud voice , did wonderfully set off . (h) that he wanted not confidenc● , may be j●dg'd by 〈…〉 for bei●g press'd for ●aving cheated the state , he jok'd in the senate , he could not give his accounts , bu● must hold hi● legg ( as e● boys-play , they that miss the ball ) to be s●ung a● . legg is 〈◊〉 surname of that family , and given him as a nick-name . also in a certain trial having brib'd the iudges , and coming off by t●● voices , ●e said , i here was so much money lost as the other had , when it had been enough to have come off by one voice . they w●●● committed not into th● publick ●aole but confin'd under the custody of c●rtain great m●n . (i) p. ●●●●tulus to p. lentulus spinther who was then aedili● ( an officer a● a mayor . ) (k) c. cethegus to q. cornificius . (l) l. statilius to c. caesar. (m) p. gabinius to m. crassus . onely these four were then taken (n) in case they should be taken . (o) a burgess of terracina● who having inti●●tion that the plot was discovered● attempted to fli● but● was ta●en 〈◊〉 the way and● brought tres●●c● , h● was acc●●●ingly committed to co. terentius the senator . (p) the form of his degrading from the chief iustice-ship was such , that he was disrob'd of his scarlet gown in the senat● , and put on mourning weeds suitabl● to his condition , as being a criminal under tryal . (q) as w● engross our acts of parliament and ●ile the originals up in the records ; so the ancient roma●s when their law had been the third market-day approv'd by the people , engrav'd it in brass tables and laid it up in th● treasury . the xii . tables so engrav'd , were laid up in the tower. (r) p. sulpitius a tr●bune of the commons , would hav● got certain laws passed ; the consuls oppose ; he wi●h the favour of marius fal●s upon them and kills the son of q. pompey , who w●s son in law of sulla t●e other consul ; sulla brings up his army ●o town , overthrows the tribunes , and exc●p●s from pardon for life or estate , men , whereof p. sulpi●i●s is taken and slain ; but marius by ship got over to africa , c. marius is called the preserver of rome , because he ov●rthrew two powerful and victorious armies of the gauls pressing into italy , the one at ambrun , the other at aix l● chappelle . (s) c. cornelius cinna would have got certain laws pass'd when l. sulla was abroad ; cn. octavius the other consul forc'd him away by the overthrow of his party in town , d●graded him from the consulship , and proclaim'd him a rebel and t●aitor . (t) cinna afterwards gathered forces in italy , and marius coming over joyns with him ; as also sertorius and cn. ca●ho , they march up in four bodies and take rome . (u) cn. octavius the consul , q. catulus , ● . merula the priest of● jupiter , m antony and c. caesar two most eminent orators , crassus the father and son , and other noblemen of the adverse party without number were slain ; the s●nate met him ; as he pass'd by them with a band of slaves at his heels , whomsoever he did not reach out his hands to salut● them , the slaves presently slew . (x) sulla upon the ●ews of this pieces up a peace with mithridates and brings home his army into italy , overthrows his adversaries , but then h● fill'd the city and all italy with slaughter , kill'd senators , of which ● were consular men ; knights , roman citizens in cold blood , over and above innumerable slain in battel . (y) eith●r b●cause it w●● fresh in memory , or for the atrocity of the fact . (z) m. lepidus about the funeral and disanulling the acts of sulla , q. ca●ulus ( son of q. catulus ●bove ) said to be slain by cinna , when their consulship was ended , they sought it out in the campus martius , where lepidus being beaten , ●●ed into sardinia , and there died a natural death . (a) preferment . (b) triumph . (c) statue . m. cato the elder said● i had rather men shoul● enquire why has cato no im●ge ? than why hath h● one ? and agesilaus the l●cedemonia● general when the greeks in sia had order'd him stat●es to b● se● up in their most famous cities , wrote to them to this purpose , let there be no picture nor molten or graven image of me ; and dying , requested the like ●f his friends ; for if , saith he , i have done any worthy action , that will of it self be my monument : but if not , all statues that can be made , can be no monument to me . alike m●deration of spirit tully pres●rv'd , when having been pr●consul or lieutenant of asia , and gov●rn'd in that charge with great integrity , would yet admit onely verbal ackno●ledgments , but continued to refuse erecting statues to him . (d) pompey and caesar . notes for div a -e (a) q. cicero . (b) terrentia . c tullia . (d) m. tullius the younger . (e) crassipes was the first husband of tullia , after , she married dolabella ( here present ) and last of all 〈◊〉 . piso. here is to be noted the decorum which was observed , that his brother and son-in-law wore at several distances present , to move compassion , the women and little child kept at home . (a) in 〈◊〉 roman d●mocracy ●elonies and mu●ders ●er● not p●nishable by death nor ●o●fe●ture of estate , but the party convict was banish'd and lost his freedom , which wa● all that they imply'd in the common acceptance of what the● te●med a capital offence or punishment . th● instance● of those that under colour of high treason were put to dea●h , have been in all the ages of that state but rare a●d numerable ; such as seem to have much of violence upon je●lousies of a prevailing party ; for ought app●ars in histo●y no● v●ry 〈◊〉 grounded , rather than any crimes du●y proved , ●s suspicions of desiring th● a●●●r●tion of st●te or affecta●●on of usurping a kingly power , upon an interpret●tion of some actio●● that might alike flow from men of publick spirits , but othe●wise the priviledge or ind●ed prerogative of the citizen and fre●man of rome● was no● grown almost un●ounded . the valerian , th● porcian , the sempronian law● ha● so fenced the persons of that imperial p●ople from suffering , and wer● so largely interpr●t●d in their favour by po●ular governours , that it was made a question , 〈◊〉 h●re , whethe● d●●th o●●n● other corporal punishm●nt , migh● in any case be i●●●ict●d by ●he m●gistrate upon a roman citiz●n● t●e n●gative of which caesar maintain● . to which absurdity the g●ver●ment of a fr●e stat● naturally reduces it self ; for wher● the majesty is in ●ll , ther● the p●rsons of all ar●●acr●d , and thi● is ●ota libert●● , or the very dissolution of government , and alike demonstrates the perfe●tion of monarchy , where law ha●● the largest extent and authority the high●st ●a●ction . (f) l. ●●●sar be●or● 〈◊〉 gave his vote against len●ul●s● made a preface to excuse his alliance , and shew h● was not unse●sible of his sisters calamity , though bound in duty to tender the publick s●fety . (g) julia the aunt of c. caesar and relict of m. an●o●ius criticus , the son of m. antony the orator and father of m. antony the tri●mvir , afterwards married p. lentulus● plutarch notes that the execution of him was th● ground of that deep g●udge which was in m● antony ever after , and at last cost ●ully his life . (h) c. g●acchus his laws were to give the souldiers cloaths over and above pay , to distribute ●●rn amongs● th● poor by ●ickets constantly , to divide lands of conquest by way of plantations . to give the italians equal voices with the romans in choice of magistrates , to appoint an equal num●er of knights to be iudges , as was before of senators onely . to make● it punishable if any magistrate should put a roman citizen to death uncondemn'd , that is , without a particular order from the general assembly of the people● and a seventh to limit the age of being press'd to the wars to years and upward . (i) there had been a long contest from the times of the gracchi between the senate and knights about being iudges . the sempronian law admitted the knights , this continu'd some years , l sulla settled it on the senators onely . these prov'd very corrupt ; afterwards the aurelian law made by aur. cotta , divided the power equally bet●een the senators , the knights , and the commissioners of the treasury at wars . (k) t●e sen●tors were omitted in the begining of this enumeration , as being there present , to and before whom h● spoke , and so unnecessary to be mention'd . yet the fact on that secretly f●vor●● ●●tiline , was so great in the house , that he sorely taxes them , though obliquely , in this passage . (l) tradesmen and shop-keep●rs . (m) iourneymen and labourers . (n) loy●ter●●s and beggars . (o) there was no image of vesta , but a fire burning constantly on the altar , and k●pt by virgins . a cus●ome that s●ems to have been derived from the chaldaeans , ●ho worship● fire . (p) a plain allusion to the complement that pompey put upon cicero coming to congratulate him at his return from the overthrow of mithridates ; when in the hearing of many he said he should have lost his labour in bringing up ● third triumph , had not tully oblig'd the state by preserving a place wherein he might triumph ; for it might be suppos'd that ●h●s : ●rati●n was finish'd afterwards , when pu●lish'd by tully . (p) two ye●rs afte● tully was banish'd upon the score of this h●ving executed the conspirators , by p. clodiu● ; and eighteen years after had his head and hands cut off by the son in ●a● of p. lentulus , m. antony . (q) octavius augus●us accordingly in process of time took m. ●ullius , cicero 's son , to be his colleague in the consulship , and gratifi'd him with liberty to throw down a●l the statues of m. anton● , and to enact that none of the family of the an●onies should ever af●er be nam'd mark. mr. grimstone, his speech in parliament: on vvednesday the th of ianuary, vpon the preferring of the essex petition, anno domino [sic], . vvith a desire to set the countrey in readinesse of arms for defence against forreine enemies. vvherein is set forth the miserable decay of trading in cloth. for the removing of popish lords from parliament; with the searching out of priests and iesuites. also for the speedy bringing the bishops to a triall. grimston, harbottle, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) mr. grimstone, his speech in parliament: on vvednesday the th of ianuary, vpon the preferring of the essex petition, anno domino [sic], . vvith a desire to set the countrey in readinesse of arms for defence against forreine enemies. vvherein is set forth the miserable decay of trading in cloth. for the removing of popish lords from parliament; with the searching out of priests and iesuites. also for the speedy bringing the bishops to a triall. grimston, harbottle, sir, - . [ ] p. printed for john hammond, london : . concerned with the decay of the cloth trade in the county of essex. annotation on thomason copy: " ". reproduction of the original in the british library. eng church of england -- bishops -- early works to . clothing trade -- england -- early works to . speeches, addresses, etc., english -- early works to . great britain -- history -- civil war, - -- sources -- early works to . a r (thomason e _ ). civilwar no mr. grimstone, his speech in parliament: on vvednesday the th of ianuary, vpon the preferring of the essex petition, anno domino [sic], grimston, harbottle, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. grimstone , his speech in parliament : on vvednesday the th of ianuary , vpon the preferring of the essex petition , anno domino , . vvith a desire to set the countrey in readinesse of arms for defence against forreine enemies . vvherein is set forth the miserable decay of trading in cloth . for the removing of popish lords from parliament ; with the searching out of priests and iesuites . also for the speedy bringing the bishops to a triall . london , printed for john hammond . . mr. grimstone his speech in parliament on wednesday the . of ianuary , upon the preferring of the essex petition , anno . mr. speaker , i have received a petition from the knights and gentry of his maiesties county of essex , and a petition from the whole burrough of colchester in the same county , tending both to one effect , the scope and subiect therof consists of these heads : i. first , the exceeding great decay of their trade of cloathing especially , and also the trading of manifacture in that county , occasioned by the present distractions and distempers in the state . ii. secondly , the putting of that county and the whole kingdome in a fitting posture of warre for the defence of the same , for prevention of any plot or practice in agitation either of forraigne force , or domesticke stratagem by the pub●icke and private enemies thereof . iii. the removing of popish lords and bishops from the house of peeres . iv. the searching out and apprehension of priests and iesuits , which lye secretly lurking and practising mischiefe in divers places of this kingdome . v. lastly , the bringing to triall of those bishops , and others of their adherents , delinquents in this sate , and to their deserved punishment . mr. speaker , under favour of this honourable house , i desire to speake a word or two of these petitions , the presenting whereof to this house is committed to my trust & care , and of these particulars of the same , which i have now recited . i. first , concerning the decay of trade in that county , of cloathing : it is too manifest , that by the same , many housholds and families are brought to poverty and utter decay . the greatest part of that county towards colchester , and the part thereof adiacent to the sea , having formerly had the chiefest meanes of their livelihood by that trade , many websters which have in times past ( before the many taxations and oppressions laid upon that commodity of cloath , sayes and bayes , by divers ill instruments of state , prying into the art , and benefit that came thereby to this kingdome , raising the customes thereof , to that excesse and height , that nothing could be gained by the same ) imployed many poore people , whereby their charges and families were maintained , now deal little or nothing in the same , but betake themselves to other wayes of livelihood , some turning in-keepers , ale-house-keepers , some farmers , grasiers , and the like , whereby rents of farmes are increased by the multitude of tenants , that hath almost beggered the most part of that county . and those poore men , artificers , as wea●ers , combers , and the like , appertaining to the trade of cloathworking , are brought ( many of them ) to beg their bread , and the rest live upon the parishes charge , wherein they have had their habitations . ii. secondly , concerning the removing of bishops and popish lords from the house of peeres , wee have found it by wofull experience more then necessary , they having beene , both publickly and privately , the onely opposers and hinderers of our proceedings in the great affaires wee had in hand , concerning neerly the peace and welfare both of church and state , i need not mention their practises to effect their endeavours , they are too too manifest and apparent to all men . iii. thirdly , for searching and apprehending or priests and iesuites , which have been the chiefe disturbers of our peace , this honourable house hath already taken order for the same , to which i can say no more . iv. fourthly , the bringing to triall of those bishops accused , and all other delinquents , are the chiefest endeavours of this house , as farre as other the great affaires of state will give leave . v. fiftly and lastly , the setting of this kingdome into a good posture of warre , is of absolute necessitie for the defence and securitie thereof , especially that countie of essex , and other maritane counties of ths kingdome perceiving the malignities of forreigne states , are alwayes watching an opportunitie to iniure , and to worke mischiefe , if it were possible , to the utter confusion , not onely of this , but the other his maiesties kingdomes ; to which purpose wee have daily intelligence of their practises and plots with disaffected persons , and members of this state , favouring , and taking part with any whatsoeever , either foreigne or domestique , to bring their owne intentions and malicious indeavours to perfection , although it be to the ruine of their king and countrey . and thus sir , of that which i had to say concerning these petitions , which i humbly leave to the consideration of this house , and to give such answere thereunto , as to the wisdome of the same shall seeme requisite . finis . mr. hollis his speech in parliament, on munday the . of januarie . upon the delivery of a message from the house of commons, concerning the poore trades-mens petition. speech in parliament: on munday the th of january. holles, denzil holles, baron, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h b estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) mr. hollis his speech in parliament, on munday the . of januarie . upon the delivery of a message from the house of commons, concerning the poore trades-mens petition. speech in parliament: on munday the th of january. holles, denzil holles, baron, - . [ ] p. printed for f.c. t.b., london : . signatures: a⁴. reproduction of the original in the bodleian library. eng speeches, addresses, etc., english -- early works to . great britain -- economic conditions -- early works to . great britain -- history -- charles i, - -- sources -- early works to . a r (wing h b). civilwar no mr. hollis his speech in parliament, on munday the . of januarie, . upon the delivery of a message from the house of commons, concerni holles, denzil holles, baron c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. hollis his speech in parliament , on munday the . of januarie , . upon the delivery of a message from the house of commmons , concerning the poore trades-mens petition . london , printed for f. c. t. b . mr. hollis his speech to the lords , upon the delivery of a message from the house of commons . my lords , i am commanded by the knights , citizens and burgesses of the commons house , to present your lordships with a petition now delivered into their house , by divers poor trades-men in and about the citie of london , containing in the same the great want and necessitie they and their families are fallen into , through the decay of trading . the means and causes that have produced this decay , and the remedies to prevent further miserie , and revive trading : my lords , it is a common observation , and the experience of former ages hath made it manifest , that when the sword of warre is unsheathed , famine followes , the greatest destruction of all common-wealths and kingdomes , witnesse the miserable calamities and troubles that have of late yeares befallen upon italy and germany . if wee call to minde ancient histories mentioning the fatall destruction of the easterne empires , wee shall finde that the first step to their desolation , hath been● domestick dissention , and home-bred mutinies , upon which hath followed nationall warres , and the effects of all hath beene famine and pestilence , which hath given a full period to the utter confusion of those kingdomes . if wee pry and search into the ancient histories of italy and rome , wee shall finde the onely destruction both of that kingdome and citie , hath happened onely by these occasions , the pride and abition of the popes and bishops of that see , usurping authority to themselves over the churches in the east , produced the warres betweene the east vandalls and the romans , betweene the east and west gothes , and the italians , which was the utter desolation of the city of rome . first , by allarick captaine of the west gothes . secondly by adolph their captaine . thirdly , by athila king of the hunns . fourthly , by genserick king of the vandalls . fifthly odasar a german . sixthly theodericke and east goth. and lastly , totela baldevil . these princes by the sword and fire , executed the just judgements of god upon proud and wicked rome ; the originall whereof was occasioned by the impurity and uncleannesse of the clergy : and what terrible famines and grievous pestilencies followed these warres , is likewise too manifest by history ; whereas in the beginning when rome first began to lift up her head against gods true religion and his anointed servants , kings and emperours , she had been dashed and suppressed , all those blondy and long warres procured by the bishops thereof in all parts of the christian world had bin prevented and avoyded . my lords , i have spoken this onely to remember your lordships of the miseries and calamities that have hapned unto those nations that have entertained amongst themselves dissension and division about the diversity of worship of god in religion , which alwaies hath proved the root and principall meanes of future destruction that now in time while opportunity doth serve such occasions of difference as doe threaten the same desolations to the state wherein we live , and whereof we be a part , may by the wisedome of this high court of parliament be prevented and avoyded . my lords , if dearth and famine bee in a nation , there can be nothing expected but confusion as well of the rich , as of the poore , it is the common proverb , necessity hath no law . there is no delaying of present necessity . it is not to be thought that millions of men , women & children will starve and perish , so long as there is corn in the land of goshen , or in the custody of ioseph , it is therefore the desire , my lords , of the commons , that as they have compassionately considered among themselves this necessitated petition of distressed trades-men , and have limited a day certaine for answering the same , so your lordships would bee pleased to take the same petition into your considerations with them , that the petitioners may at the time appointed , receive from both houses of parliament , such answer from their demands , as may give them full satisfaction . my lords , under favour , i am to speake a word or two of the meanes that have occasioned the decay in trading , & the remedies to prevent the same for future time , and againe renew trading , the means they conceive is principally want of due ●xecution of justice upon those persons that have bin the causers , and authors thereof , and then the remedies , due execution of justice , without any further protraction of time and the enacting of such wholsome and good lawes , for the restriction of vice , and maintaining of vertue , both in goverment of the church and state , as shall be congruent to the word of god , and the peace and prosperity of his sacred majesty , and all his kingdoms , as shall be thought meet by the wisedome and policie of this great and high court of parliament , which i further humbly leave to the grave consideration of this honourable house . finis . a speech spoken by sr. thomas wroth knight, in the honourable house of commons: vpon his delivery of a petition from the knights, gentlemen, and freeholders of the county of somerset. february . . together with the petition of the said county then delivered. wroth, thomas, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w thomason e _ thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ], :e [ ]) a speech spoken by sr. thomas wroth knight, in the honourable house of commons: vpon his delivery of a petition from the knights, gentlemen, and freeholders of the county of somerset. february . . together with the petition of the said county then delivered. wroth, thomas, sir, - . [ ] p. printed for h. s., london : . thomason e. [ ] has the caption title: "to the honourable the knights, citizens and burgesses of the house of commons, now assembled in parliament.". annotation on thomason copy: " ". reproduction of the original in the british library. eng england and wales. -- parliament. -- house of commons. speeches, addresses, etc., english -- early works to . somerset (england) -- history -- sources -- early works to . great britain -- history -- civil war, - -- sources -- early works to . a r (thomason e _ e _ ). civilwar no a speech spoken by sr. thomas wroth knight, in the honourable house of commons:: vpon his delivery of a petition from the knights, gentleme wroth, thomas, sir f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the honourable the knights , citizens and burgesses of the house of commons , now assembled in parliament . the humble petition of the knights , gentlemen , freeholders , and other principall inhabitants of the county of somerset in behalfe of themselves and many thousands of their county : sheweth , that whereas in stead of a setled peace and safety ( the long expected fruit of your faithful endeavours and our cheerefull contributions ) great distractions and dangers are dayly multiplied and increased , threatning the utter disappointment of our hopes , & the overthrow of the very foundation of our weale and liberty , to our extreame griefe and sorrow , especially for the late breach of the priviledges of parliament upon your persons in an unparraleld manner , by the wicked counsels and devises of a malignant party ( as we conceive ) of popish lords and bishops and others . we being struken with the sence and horror of so desperate a mischiefe , do hold it high time to declare the sincere and ardent affection of our hearts , which we are ready to seale with our purest blood , in defence of our religion , his sacred majesty , our deare country ; and that which is the life of our liberty , the rights and priviledges of parliament . may it therefore please this honourable assembly to assist the earnest desires of your petitioners , that all priviledges of parliament ( the inheritance and safety of the subject ) may be made firme , that popish lords and bishops be forthwith removed from voting in the house of peeres , that all evill counsellors and other delinquents may receive condigne punishment ; that a sufficient remedy be provided against the scandalous ministers , that to secure us from all home●●●● and forraigne practises , this kingdome be 〈…〉 put in a posture of defence , and that 〈…〉 efe and safety of our distressed brethren 〈…〉 and be effectually prosecuted . and we shall incessantly pray , &c. master pyms speech in parliament. wherein is expressed his zeal and reall affection to the publike good. as also shewing what dangers are like to ensue by want of their enjoying the priviledges of parliament. with the generall occasion of grief to the house, thorough his majesties alienating himself from his parliament in his opinions. whereunto is added, some passages that hapned [sic] the ninth of march, between the kings majesty, and the committee of both houses, when the declaration was delivered. what passed the next day, when his majesty delivered his answer. pym, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ e _ e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ thomason e _ thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ], :e [ ], :e [ ]) master pyms speech in parliament. wherein is expressed his zeal and reall affection to the publike good. as also shewing what dangers are like to ensue by want of their enjoying the priviledges of parliament. with the generall occasion of grief to the house, thorough his majesties alienating himself from his parliament in his opinions. whereunto is added, some passages that hapned [sic] the ninth of march, between the kings majesty, and the committee of both houses, when the declaration was delivered. what passed the next day, when his majesty delivered his answer. pym, john, - . p. printed for andrew coe and marmaduke boat, london : [i.e. ] "some passages that hapned the ninth of march" is identified as thomason :e. [ ]. "what passed the next day .." is identified as thomason :e. [ ]. at head of title: march . reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . speeches, addresses, etc., english -- early works to . great britain -- history -- civil war, - -- sources -- early works to . great britain -- politics and government -- - -- sources -- early works to . a r (thomason e _ e _ e _ ). civilwar no master pyms speech in parliament. wherein is expressed his zeal and reall affection to the publike good.: as also shewing what dangers are pym, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion ●●●cious assembly to consider of it , and i that have discharged my duty in motioning , shall likewise joyn with you for the effecting of all things for the good of this kingdom . some passages that hapned the ninth of march , between the kings majesty , and the committee of both houses , when the declaration was delivered . when his majestie heard that part of the declaration which mentioned master iermyns transportation , his majestie interrupted the earl of holland in reading , and said , that 's false . which being afterwards toucht upon again , his majestie then said , 't is a lye . and when he was informed , it related not to the date , but the execution of the warrant . his majesty said , it might have been better expressed then ; and that it was a high thing to taxe a king with breach of promise . as for this declaration , his majestie said , i could not have beleeved the parliament would have sent me such a one , if i had not seen it brought by such persons of honour . i am sorry for the parliament , but glad i have it : for by that , i doubt not to satisfie my people ; though i am confident , the greater part is so already . ye speak of all councels , but i am confident the parliament hath had worse informations then i have had councels : his majestie asking what he had denyed the parliament , the earl of holland instanced that of the militia ; his majestie replyed , that no bill : the earl of holland then said , it was a necessary request at this time ; and his majesty also then said , he had not denied it . the speeches of the lord digby in the high court of parliament, concerning grievances, and the trienniall parliament. speeches. selections. bristol, john digby, earl of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : and :e , no and :e , no or : ) the speeches of the lord digby in the high court of parliament, concerning grievances, and the trienniall parliament. speeches. selections. bristol, john digby, earl of, - . [ ], p. printed for thomas walkely, [london] : . place of publication from wing. items at reels : , :e. , no. and :e. , no. identified as wing b a (number cancelled). reproduction of original in union theological seminary library, new york; thomason collection, british library; and henry e. huntington library and art gallery. eng speeches, addresses, etc., english. a r (wing b ). civilwar no the speeches of the lord digby in the high court of parliament, concerning grievances, and the trienniall parliament. bristol, george digby, earl of b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the speeches of the lord digby in the high court of parliament , concerning grievances , and the trienniall parliament . printed for thomas walkely , . the lord digbyes speech , the th of novem. . mr. speaker , you have received now a solemne accompt from most of the shires of england , of the severall grievances and oppressions they sustaine , and nothing as yet from dorset-shire ; sir , i would not have you thinke that i serve for a land of goshen , that we live there in sunshine , whilest darknes and plagues overspread the rest of the land : as little would i have you thinke , that being under the same sharpe measure that the rest , we are either insensible and benummed , or that that shire wanteth a servant to represent its sufferings bouldly . it is true mr. speaker , the county of dorset hath not digested its complaints into that formall way of petition , which others ( i see ) have done ; but have intrusted them to my partners and my delivery of them by word of mouth unto this honourable house . and there was given uuto us in the county court , the day of our election , a short memoriall of the heads of them , which was read in the hearing of the free-holders there present , who all unanimously with one voyce signified upon each particular , that it was their desire that we should represent them to the parliament , which with your leave , i shall do , and these they are . . the great and intollerable burthen of ship-money , touching the legality whereof they are unsatisfied . . the many great abuses in pressing of souldiers , and raysing moneys concerning the same . . the multitude of monopolies . . the new canon , and the oath to be taken by lawyers , divines , &c. . the oath required to be taken by church officers to present according to articles new and unusuall . besides this , there was likewise presented to us by a very considerable part of the clergie of that county a note of remembrance containing these two particulars . first , the imposition of a new oath required to be taken by all ministers and others , which they conceive to be illegall , and such as they cannot take with a good conscience . secondly , the requiring of a pretended benevolence , but in effect a subsidy , under the penalty of suspension , excommunication , and deprivation , all benefit of appeale excluded . this is all we had particularly in charge : but that i may not appeare a remisse servant of my countrey , and of this house ; give me leave to adde somwhat of my own sense . truly mr. speaker , the injurious sufferings of some worthy members of this house , since the dissolution of the two last parliaments , are so fresh in my memory , that i was resolved not to open my mouth , in any businesse wherein freedome and plaine dealing were requisite , untill such time , as the breach of our priviledges were vindicated , and the safety of speech setled . but since such excellent members of our house thought fit the other day to lay aside that caution , and to discharge their soules so freely in the way of zeale to his majesties service , and their countries good : i shall interpret that confidence of theirs for a lucky omen to this parliament , and with your permission licence my thoughts too , a little . mr. speaker , under those heads which i proposed to you , as the grievances of dorset-shire , i suppose are comprised the greatest part of the mischiefs which have of late yeers layed battery either to our estates , or consciences . sir , i doe not conceive this the fit season to search and ventilate particulars , yet i professe i cannot forbeare to adde somwhat , to what was said the last day by a learned gentleman of the long robe , concerning the acts of that reverend new synod , made of an old convocation . doth not every parliament mans heart rise to see the prelats thus usurpe to themselves the grand preeminence of parliament ? the granting of subsidies , and that under so preposterous a name as of a benevolence , for that which is a malevolence indeed ; a malevolence i am confident in those that granted it , against parliaments : and a malevolence surely in those that refuse it , against those that granted it : for how can it incite lesse ? when they see wrested from them what they are not willing to part with , under no lesse a penalty then the losse both of heaven and earth : of heaven , by excommunication ; and of the earth by deprivation ; and this without redemption by appeale . what good christian can think with patience on such an insnaring oath , as that which is by the new canons enjoyned to be taken by all ministers , lawyers , physicians , and graduates in the universities ? where , besides the swearing such an impertinence , as that things necessary to salvation are contained in discipline ; besides the swearing those to be of divine right , which amongst the learned , never pretended to it , as the arch things in our hierarchy . besides , the swearing not to consent to the change of that , which the state may upon great reason think fit to alter ; besides the bottomlesse perjury of an &c. besides all this mr. speaker , men must sweare that they sweare freely and voluntarily what they are compelled unto ; and lastly , that they sweare that oath in the literall sence , wherof no two of the makers themselves , that i have heard of , could ever agree in the understanding . in a word , mr. speaker , to tell you my opinion of this oath , it is a covenant against the king , for bishops and the hierarchie ; as the scottish covenants is against them , only so much worse then the scottish , as they admit not of the supremacy in ecclesiasticall affaires , and we are sworne unto it . now mr. speaker , for those particular heads of grievances whereby our estates and properties are so radically invaded ; i suppose , ( as i said before ) that it is no season now to enter into a strict discussion of them ; only thus much i shall say of them , with application to the countrey for which i serve , that none can more justly complaine , since none can more justly challenge exemption from such burthens then dorset-shire ; whether you consider it is a countrey subsisting much by trade ; or as none of the most populous ; or as exposed as much as any to forraigne invasion . but alasse mr. speaker , particular lamentations are hardly distinguishable in universall groanes . mr. speaker , it hath bin a metaphor frequent in parliament , and if my memory faile me not , was made use of in the lord keepers speech at the opening of the last , that what money kings raised from their subjects , they were but as vapours drawne up from the earth by the sunne , to be distilled upon it againe in fructifying showers : the comparison mr. speaker , hath held of late yeares in this kingdome too unluckily : what hath bin raysed from the subject by those violent attractions , hath bin formed , it is true , into clouds , but how ? to darken the sunnes own lustre , and hath fallen againe upon the land only in haylstones and milldews , to batter and prostrate still more and more our liberties , to blast and wither our affections ; had not the later of these bin still kept alive by our kings owne personall vertues , which will ever preserve him in spight of ill counsellors , a sacred object , both of our admiration and loves . mr. speaker , it hath bin often said in this house , and i think can never be too often repeated , that the kings of england can doe no wrong ; but though they could mr. speaker , yet princes have no part in the ill of those actions which their judges assure them to be just , their counsellors that they are prudent , and their divines that they are conscientious . this consideration mr. speaker , leadeth me to that which is more necessary farre , at this season , then any farther laying open of our miseries , that is , the way to the remedy , by seeking to remove from our soveraigne , such unjust judges , such pernitious counsellours , and such disconscient divines , as have of late yeares , by their wicked practises , provoked aspersions upon the government of the gratiousest and best of kings . mr. speaker , let me not be misunderstood , i levell at no man with a forelayd designe ▪ let the faults and those well proved lead us to the men : it is the only true parliamentary method , and the only fit one to incline our soveraigne . for it can no more consist with a gracious and righteous prince to expose his servants upon irregular prejudices ; then with a wise prince to withhold malefactors how great soever from the course of orderly justice . let me acquaint you mr. speaker , with an aphorisme in hippocrates , no lesse authentick ( i think ) in the body politike , then in the naturall . this it is mr. speaker , bodyes to be throughly and effectually purged must have their humours first made fluid and moveaable . the humours that i understand to have caused all the desperate maladies of this nation , are the ill ministers . to purge them away cleerly , they must be first loosened , unsetled , and extenuated , which can no way be effected with a gracious master , but by truly representing them unworthy of his protection . and this leadeth me to my motion , which is , that a select comittee may be appointed to draw out of all that hath bin here represented , such a remonstrance as may be a faithfull and lively representation unto his majestie of the deplorable estate of this his kingdome , and such as may happily point out unto his cleere and excellent judgement , the pernitious authors of it . and that this remonstrance being drawn , we may with all speed repayre to the lords , and desire them to joyn with us in it ; and this is my humble motion . the lord digbyes speech in the hovse of commons , to the bill for trienniall parliaments . jan. . . mr. speaker , i rise not now with an intent to speake to the frame and structure of this bill , nor much by way of answer to objections that may be made ; i hope there will bee no occasion of that , but that we shall concurre all unanimously in what concerneth all so universally . only sir , by way of preparation , to the end that we may not be discouraged in this great worke by difficulties that may appeare in the way of it , i shall deliver unto you my apprehensions in generall of the vast importance and necessity that wee should goe thorow with it . the result of my sence is in short this . that unlesse for the frequent convening of parliaments there be some such course setled , as may not be eluded ; neither the people can be prosperous and secure , nor the king himselfe solidly happy . i take this to be the vnum necessarium : let us procure this , and all our other desires will effect themselves : if this bill miscarry , i shall have left me no publique hopes , and once past , i shall bee freed of all publique feares . the essentialnes sir of frequent parliaments to the happinesse of this kingdome , might be inferr'd unto you , by the reason of contraries , from the wofull experience which former times have had of the mischievous effects of any long intermission of them ? but mr. speaker , why should we clime higher then the levell wee are on , or thinke further then our owne horizon , or have recourse for examples in this businesse , to any other promptuary then our owne memories ; nay then the experience almost of the youngest heere ? the reflection backward on the distractions of former times upon intermission of parliament , and the consideration forward of the mischiefes likely still to grow from the same cause if not removed , doubtlesly gave first life and being to those two dormant statutes of edward the d , for the yearly holding of parliament : and shall not the fresh and bleeding experience in the present age of miseries from the same spring , not to be paralleld in any other , obtaine a wakening , resurrection for them ? the intestine distempers sir , of former ages upon the want of parliaments , may appeare to have had some other cooperative causes , as somtimes , unsuccessefull warres abroad ; somtimes , the absence of the prince ; somtimes , competitions of titles to the crown ; somtimes , perhaps the vices of the king himselfe . but let us but consider the posture , the aspect of this state , both toward it selfe , and the rest of the world , the person of our soveraigne , and the nature of our sufferings ▪ since the third of his reigne . and there can be no cause colourably inventable , wherunto to attribute them , but the intermission , or which is worse , the undue frustration of parliament , by the unlucky use , if not abuse of prerogative in the dissolving them . take into your view gentlemen , a state in a state of the greatest quiet and security that can be fancyed , not only injoying the calmest peace it selfe , but to improve and secure its happy condition , all the rest of the world at the same time in tempest , in combustions , in uncomposable warres . take into your view sir , a king soveraigne to three kingdomes , by a concentring of all the royall lynes in his person , as undisputably as any mathematicall ones in euclide . a king firme and knowing in his religion , eminent in vertue ; a king that had in his own time given all the rights and liberties of his subjects a more cleare and ample confirmation freely and gratiously , then any of his predecessors ( when the people had them at advantage ) extortedly , i mean in the petition of right . this is one mappe of england , mr speaker , a man sir , that should present unto you now , a kingdome , groaning under that supreme law , which salus populi periclitata would enact . the liberty , the property of the subject fundamentally subverted , ravisht away by the violence of a pretended necessity ; a triple crown shaking with distempers ; men of the best conscience ready to fly into the wildernesse for religion . would not one sweare that this were the antipodes to the other ; and yet let me tell you mr. speaker , this is a mappe of england too , and both at the same time true . as it cannot be denyed mr. speaker , that since the conquest there hath not bin in this kingdome a fuller concurrence of all circumstances in the former caracter , to have made a kingdome happy , then for these yeares last past ; so it is most certaine , that there hath not bin in all that deduction of ages , such a conspiracie , if one may so say of all the elements of mischiefe in the second caracter , to bring a flourishing kingdome if it were possible , to swift ruine and desolation . i will be bold to say , mr. speaker , and i thanke god , we have so good a king , under whom we may speak boldly of the abuse of his power by ill ministers , without reflexion upon his person . that an accumulation of all the publique grievances since magna carta , one upon another , unto that houre in which the petition of right past into an act of parliament , would not amount to so oppressive ; i am sure not to so destructive a height and magnitude to the rights and property of the subject , as one branch of our beslaving since the petition of right . the branch i meane is the judgement concerning ship-money . this being a true representation of england in both aspects . let him mr. speaker , that for the unmatcht oppression and enthralling of free subjects in a time of the best kings raigne , and in memory of the best laws enacting in favour of subjects liberty , can find a truer cause then the ruptures and intermission of parliaments . let him , and him alone be against the setling of this inevitable way for the frequent holding of them . 't is true sir , wicked ministers have bin the proximate causes of our miseries , but the want of parliaments the primary , the efficient cause . ill ministers have made ill times , but that sir , hath made ill ministers . i have read among the laws of the athenians , a forme of recourse in their oaths and vows of greatest and most publique concernment to a three-fold deity , supplicum exauditori , purgatori , malorum depulsori . i doubt not but we here assembled for the common-wealth in this parliament , shall meet with all these attributes in our soveraigne . i make no question , but he will gratiously heare our supplications . purge away our grievances , and expell malefactors , that is , remove ill ministers , and put good in their places . no lesse can be expected from his wisdome and goodnesse . but let me tell you mr. speaker , if we partake not of one attribute more in him ; if we addresse not our selves unto that , i meane bonorum conservatori ; we can have no solid , no durable comfort in all the rest . let his majesty heare our complaint never so compassionatly . let him purge away our grievances never so efficaciously . let him punish and dispell ill ministers never so exemplarily . let him make choyce of good ones never so exactly . if there be not a way settled to preserve and keep them good ; the mischiefes and they will all grow againe like sampsons locks , and pull down the house upon our heads . beleeve it mr. speaker , they will . it hath bin a maxime among the wisest legislators , that whosoever meanes to settle good laws , must proceed in them , with a sinister opinion of all mankind ; and suppose that whosoever is not wicked , it is for want only of the opportunity . it is that opportunity of being ill mr. speaker , that we must take away , if ever we meane to be happy , which can never be done , but by the frequencie of parliaments . no state can wisely be confident of any publique ministers continuing good , longer then the rod is over him . let me appeale to all those that were present in this house at the agitation of the petition of right . and let them tell themselves truly , of whose promotion to the management of affaires doe they think the generality would at that time have had better hopes then of mr. noy , and sir thomas wentworth , both having bin at that time , and in that businesse as i have heard , most keen and active patriots , and the later of them to the eternall aggravation of his infamous treachery to the common-wealth be it spoken , the first mover , and insiister to have this clause added to the petition of right , that for the comfort and safety of his subjects , his majestie would be pleased to declare his will and pleasure , that all his ministers should serve him according to the laws and statutes of the realme . and yet mr. speaker , to whom now can all the inundations upon our liberties under pretence of law , and the late shipwrack at once of all our propertie , be attributed more then to noy , and those , and all other mischiefes whereby this monarchy hath bin brought almost to the brinke of destruction , so much to any as to that grand apostate to the common-wealth , the now lievtenant of ireland ? the first i hope god hath forgiven in the other world ; and the later must not hope to be pardoned it in this , till he be dispatcht to the other . let every man but consider those men as once they were . the excellent law for the security of the subject enacted immediatly before their coming to imployment , in the contriving wherof themselves were principall actors . the goodnesse and vertue of the king they served , and yet the high and publique oppressions that in his time they have wrought . and surely there is no man but will conclude with me , that as the deficience of parliament hath bin the causa causarum of all the mischiefes and distempers of the present times : so the frequencie of them is the sole catholique antidote that can preserve and secure the future from the like . mr. speaker , let me yet draw my discourse a little nearer to his majesty himselfe , and tell you , that the frequencie of parliament is most essentially necessary to the power , the security , the glory of the king . there are two wayes mr. speaker , of powerfull rule , either by feare , or love , but one of happy and safe rule , that is , by love , that firmissimum imperium quo obedientes gaudent . to which camillus advised the romans . let a prince consider what it is that moves a people principally to affection , and dearnesse , towards their soveraigne , he shall see that there needs no other artifice in it , then to let them injoy unmolestedly , what belongs unto them of right ; if that have bin invaded and violated in any kind , whereby affections are alienated , the next consideration for a wise prince that would be happy , is how to regaine them , to which three things are equally necessary . renistating them in their former liberty . revenging them of the authors of those violations . and secureing them from apprehensions of the like againe . the first god be thanked , we are in a good way of . the second in warme pursuit of . but the third as essentiall as all the rest , till we be certaine of trienniall parliament , at the least ; i professe i can have but cold hopes of . i beseech you then gentlemen , since that security for the future is so necessary to that blessed union of affections , and this bill so necessary to that security . let us not be so wanting to our selves ; let us not be so wanting to our soveraigne , as to forbeare to offer unto him , this powerfull , this everlasting philter to charme unto him the hearts of his people , whose vertue can never evaporate . there is no man mr. speaker , so secure of anothers friendship , but will thinke frequent intercourse and accesse very requisite to the support , to the confirmation of it : especially if ill offices have bin done between them ; if the raysing of jealousies hath bin attempted . there is no friend but would be impatient to be debarred from giving his friend succour and reliefe in his necessities . mr. speaker , permit me the comparison of great things with little , what friendship , what union can there be so comfortable , so happy , as between a gracious soveraigne and his people , and what greater misfortune can there be to both , then for them to be kept from intercourse , from the meanes of clearing misunderstandings from interchange of mutuall benefits . the people of england sir , cannot open their eares , their hearts , their mouthes , nor their purses , to his majestie , but in parliament . we can neither heare him , nor complain , nor acknowledge , nor give , but there . this bill sir , is the sole key that can open the way to a frequencie of those reciprocall endeerments , which must make and perpetuate the happinesse of the king and kingdome . let no man object any derogation from the kings prerogative by it . we doe but present the bill , 't is to be made a law by him , his honour , his power , will be as conspicuous , in commanding at once that parliament shall assemble every third yeare , as in commanding a parliament to be called this or that yeare : there is more of majestie in ordaining primary and universall causes , then in the actuating particularly of subordinate effects . i doubt not but that glorious king edward the third , when he made those laws for the yearly calling of parliament , did it with a right sence of his dignity , and honour . the truth is sir , the kings of england are never in their glory , in their splendor , in their majestique soveraignty , but in parliaments . where is the power of imposing taxes ? where is the power of restoring from incapacites ? where is the legislative authority ? marry in the king , mr. speaker . but how ? in the king circled in , fortified and evirtuated by his parliament . the king out of parliament hath a limitted , a circumscribed jurisdiction . but wayted on by his parliament , no monarch of the east is so absolute in dispelling grievances . mr. speaker , in chasing ill ministers , we doe but dissipate clouds that may gather againe , but in voting this bill , we shall contribute , as much as in us lyes to the perpetuating our sun , our soveraigne , in his vesticall in his noon day lustre . finis . an honourable speech made in the parlament of scotland by the earle of argile (being now competitor with earle morton for the chancellorship) the thirtieth of september . touching the prevention of nationall dissention, and perpetuating the happie peace and union betwixt the two kingdomes, by the frequent holding of parlaments. argyll, archibald campbell, marquis of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) an honourable speech made in the parlament of scotland by the earle of argile (being now competitor with earle morton for the chancellorship) the thirtieth of september . touching the prevention of nationall dissention, and perpetuating the happie peace and union betwixt the two kingdomes, by the frequent holding of parlaments. argyll, archibald campbell, marquis of, - . scotland. parliament. house of lords. [ ], , [ ] p. printed by a.n. for i.m. at the george in fleetstreet, london : anno . the last leaf is blank. printers' device on title page (mck. ). reproduction of the original in the british library. eng speeches, addresses, etc., english -- early works to . scotland -- politics and government -- - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no an honourable speech made in the parlament of scotland by the earle of argile (being now competitor with earle morton for the chancellorship argyll, archibald campbell, marquis of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion an honourable speech made in the parlament of scotland by the earle of argile ( being now competitor with earle morton for the chancellorship ) the thirtieth of september . touching the prevention of nationall dissention , and perpetuating the happie peace and union betwixt the two kingdomes , by the frequent holding of parlaments . london printed by a. n. for i. m. at the george in fleetstreet , anno . my lords , what was more to bee wished on earth then the great happinesse this day wee enjoy , viz. to see his royall majesty our native sovereign and his loyall subjects of both his kingdomes so really united , that his majesty is piously pleased to grant unto us his subjects our lawfull demands concerning religion and liberties , and we his subjects of both nations cheerfully rendring to his majesty that dutie , affection , and assistance , which he hath just cause to expect from good people , and each nation concurring in brotherly amitie , unity , and concord , one towards the other . oh , what tongue is able to expresse the honour and praise due to that great and good god , who in these late commotions suffered not the counsels of either kingdome to despaire of the safetie of either common-wealth , but through his blessing to their painfull and prudent endevours hath wrought such an happinesse for us , that now after the great toyle and trouble which we have on both sides so long endured , wee may each man with his wife , children , and friends , under his own vine and fig-tree ( and all under his majesties protection ) refresh himselfe , with the sweet fruits of peace , which i beseech the lord of peace to make perpetuall to both nations . and to that end my earnest desires are , that all our best studies and endeavours may bee employed ( for some time ) in contriving and establishing such wholsome laws in both kingdomes whereby ( as much as in us lyes ) the opportunity and occasion of producing the like calamities as lately threatned both nations may for the future be prevented , if in any age hereafter such miscreants shall goe againe to attempt it . it is ( my lords ) notorious , that the late incendiaries that occasioned the great differences betwixt his majesty and his subjects took much advantage & courage by the too long intermission of the happy constitution of parliaments , in the vacancie of which they by false informations incensed his majesty against his loyall subjects , and by their wily insinuations extorted from his highnesse proclamations for to yield obedience to their innovations in the kirke , and patents for projects , whereby the poore subject was both polled and oppressed in his estate , and enthralled in his conscience : and thus by their wicked practices , his majestie was distasted , and his subjects generally discontented , in so much , that had not the great mercy of god prevented them , they had made an obstruction betwixt his majestie and his liege people , and had broken those mutuall and indissoluble bonds of protection and allegiance , whereby , i hope , his royall majestie , and his loyall and dutifull subjects of all his three kingdomes , will be ever bound together . to which let all good subjects say amen . my lords , the distaste of his majesty , nor discontents of his subjects , could never have come to that height they did ( nor consequently have produced such effects ) had not there bin such an interposition , by these innovators and projectors , betwixt his majestie our glorious sun , and us his loyall subjects , that his goodnesse appeared not ( for the time ) to us , nor our loyaltie and obedience to him . for no sooner was that happy constellation ( the parliament in england ) raised , and thereby those vaporous clouds dissipated , but his majesties goodnesse , his good subjects loyalty , and their treachery , evidently appeared . our brethren of england ( my lords ) finding the intermission of parlaments to be prejudiciall and dangerous to the state , have taken care , and made provision for the frequent holding of them : whose prudent example my motion is may be our pattern forthwith to obtaine his majesties royall assent , for doing the like here in this kingdome . by which meanes his majesty may in due time heare and redresse the grievances of his subjects , and his subjects ( as neede shall require ) chearefully aid and assist his majesty , and nor only the domestique peace and quiet of each kingdome bee preserved , but likewise all nationall differences ( if any happen ) may be by the wisdome of the assemblies of both kingdomes , from time to time composed and reconciled to the perpetuating of the happie peace and union betwixt both nations . finis . tvvo speeches, spoken in the honourable house of commons. the first by mr. grimston esquire: the second, by sir beniamin rudiard. concerning the differences between the kings majesty, and both houses of parliament. grimston, harbottle, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) tvvo speeches, spoken in the honourable house of commons. the first by mr. grimston esquire: the second, by sir beniamin rudiard. concerning the differences between the kings majesty, and both houses of parliament. grimston, harbottle, sir, - . rudyerd, benjamin, sir, - . [ ], p. printed for h. hutton, london : . annotation on thomason copy: "march. ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . speeches, addresses, etc., english -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and govenment -- - -- early works to . a r (thomason e _ ). civilwar no tvvo speeches, spoken in the honourable house of commons.: the first by mr. grimston esquire: the second, by sir beniamin rudiard. concerni grimston, harbottle, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion tvvo speeches , spoken in the honourable house of commons . the first by mr. grimston esquire : the second , by sir beniamin rudiard . concerning the differences between the kings majesty , and both houses of parliament . london printed for h. hutton . . mr. grimstons speech , in the house of commons , concerning the distempers between the king , and both houses of parliament . master speaker , i would fain bring one stone to our building now in hand and it is but a caveat to the master builders , to beware of those who hinder the worke , and pull down by night , what is built up by day . master speaker , there are that speake loudly to the king , and in agitating of all matters , seem very tender of him , but substances , and semblances , essences , and apparences , are opposite : multa videntur quae non sunt , these would make us believe , that our redressing of some grievances , is the pulling out of some flowers from the crown , and hereby they cast maine and intricate doubts , wherewith to retard and perplex our proceedings , and to lay an ill favoured imputation upon us , as if we were regardlesse of our gracious soveraign , and these good men , the onely battresses of his royalty : by this they endeavour to endeare themselves to the king , for their own advancement , to have him guided by their own councels , and to take off his affection from his best , and most loyall subjects , assembled in parliament . master speaker , the king and his subjects are relatives , and we know that in logicke ; ne lato sublato tollatur correlatum , they that disjoynt the king and his people , doe neither better nor worse but doe their utmost , to un-king him . m. speaker , the king is the parentthe husband solemnly espoused at his coronation , the head of the republike , as it is with the natural parent , husband and head : so it is with the publike : the naturall parent bestoweth on his child , protection and love , with all his fruites : the child returneth him filiall reverence with all due respects , and he that laboureth to breake this intercourse , by possesseing the parent with an evill opinion of the child , is equally an enemy to both . there is a sweet eccho of conjugall affections between the married , and he that shall go about to interrupt it , is a hater of them both , and a subverter of their family . in the naturall body , such is the connexion between it and the head , that a separation is destructive to both , where as otherwise , the head in the body , being the seate of the vitalls , and the brain in the head , of the animall spirits , reciprocally communicating preserve the whole : our gratious soveraigne is the common parent , husband , and head , if therefore there shall be any found to be as undermining pyoners envying to disaffect our parent to us , to divorce us from this our husband to divide us from our head . my just motion is , that upon a watchfull discovery , whereon i would have every mans good intent , they may receive the extremity of severity as they deserve , and if any of them shall prove member of this house , that the furnace may be heated ten times hotter , for betraying the trust reposed in them , by their county that sent them hither . a speech spoken in the house of commons , by sir beniamin rudyard . m. speaker , in the way we are , we have gone as far as words can carie us : we have voted our own rights , and the kings duty : no doubt there is a relative duty between a king and subjects ; obedience from a subject to a king , protection from a king to his people . the present unhappy distance between his majesty and the parliament , makes the whole kingdome stand ama●●d , in a fearfull expectation of dismall calamities to fall upon it : it deeply and conscionably concerns this house to compose and settle these threatning ruining distractions . m. speaker , i am touch'd , i am pierc'd with an apprehension of the honour of the house , and successe of this parliament . the best way to give stop to these desperate imminent mischiefs is , to make a fair way for the kings return hither ; it will likewise give best satisfaction to the people , and will be our best justification . m. speaker , that we may the better consider the condition we are now in , let us set our selves three yeers back : if any man then could have credibly told us , that within three yeers the queen shall be gone out of england into the low-countreys , for any cause whatsoever : the king shall remove from his parliament , from london to york , declaring himself not to be s●fe here : that there shall be a totall rebellion in ireland , such discords and distempers both in church and state here , as now we find ; certainly we should have trembled at the thought of it : wherefore it is fit we should be sensible now we are in it . on the other side , if any man then could have credibly told us , that within three yeers ye shall have a parliament , it would have been good newes ; that ship-money shall be taken away by an act of parliament , the reasons and grounds of it so rooted out , as that neither it , nor any thing like it , can ever grow up again ; that monopolies , the high-commission court , the star-chamber , the bishops votes shall be taken away , the councell table regulated and restrained , the forrests bounded and limited ; that ye shall have a trienniall parliament ; and more then that , a perpetuall parliament , which none shall have power to dissolve without yout selves , we should have thought this a dream of happinesse ; yet now we are in the reall possession of it , we do not enjoy it , although his majesty hath promised and published he will make all this good to us . we stand chiefly upon further security ; whereas the very having of these things , is a convenient faire security , mutually securing one another , there is more security offered , even in this last answer of the kings , by removing the personall votes of popish lords , by the better education of papists children , by supplying the defects of lawes against recusants , besides what else may be enlarged and improved by a select committee of both houses , named for that purpose . wherefore sir , let us beware we do not contend for such a hrzardous unsafe security , as may endanger the losse of what we have already ; let us not thinke we have nothing , because we have not all we desire , and though we had , yet we cannot make a mathematicall security , all humane caution is susceptible of corruption and failing ; gods providence will not be bound , successe must be his , he that observes the wind and rain , shall neither sow nor reape , if he can do nothing till he can secure the weather , he will have but an ill harvest . master speaker , it now behoves us to call up all the wisdome we have about us , for wee are at the very brinke of combustion and confusion : if blood ( once more ) begin to toueh blood , wee shall presently fall into a certain misery , and must attend an uncertain successe , god knowes when , and god knowes what . every man here is bound in conscience to employ his uttermost endeavours to prevent the effusion of bloud ; blood is a crying sinne , it pollutes a land : let us save our liberties and our estates , as wee may save our souls too . now i have clearely delivered mine owne conscience , i leave every man freely to his . finis . the second part of mr. waller's poems containing, his alteration of the maids tragedy, and whatever of his is yet unprinted: together with some other poems, speeches, &c. that were printed severally, and never put into the first collection of his poems. waller, edmund, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the second part of mr. waller's poems containing, his alteration of the maids tragedy, and whatever of his is yet unprinted: together with some other poems, speeches, &c. that were printed severally, and never put into the first collection of his poems. waller, edmund, - . waller, edmund, - . maid's tragedy. aut [ ], , [ ] p., [ ] leaves of plates : port. printed for tho. bennet, at the half-moon in st. pauls church-yard, london : mdcxc. [ ] with an initial leaf: licensed, sept. . . copy has print show-through. reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng english poetry -- early works to . speeches, addresses, etc. -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the second part of mr. waller's poems . containing , his alteration of the maids tragedy , and whatever of his is yet unprinted : together with some other poems , speeches , &c. that were printed severally , and never put into the first collection of his poems . — siquis tamen haec quoque siquis captus amore leget . london , printed for tho. bennet , at the half-moon in st. pauls church-yard . mdcxc . licensed , sept. . . edmond waller . esq r. aetatis suae . . the preface . the reader need be told no more in commendation of these poems , than that they are mr. waller's : a name that carries every thing in it , that 's either great or graceful in poetry . he was indeed the parent of english verse , and the first that shew'd us our tongue had beauty and numbers in it . our language owes more to him than the french does to cardinal ri●hlieu , and the whole academy . a poet cannot think of him , without being in the same rapture lucretius is in , when epicurus comes in his way . tu pater & rerum inventor , tu patria nobis suppeditas praecepta : tuesque ex inclyte , chartis floriferis ut apes in sallibus omnia libant omnia nos itidem depascimur aureadicta : aurea , perpetua semper dignissima vita . the tongue came into his hands , like a rough diamond ; he polish'd it first , and to that degree that all artists since him have admired the workmanship , without pretending to mend it . sucklyn and carew , i must confess , wrote some few things smoothly enough , but as all they did in this kind was not very considerable , so 't was a little later than the earliest pieces of mr. waller . he undoubtedly stands first in the list of refiners , and for ought i know , last too ; for i question whether in charles the second's reign , english did not come to its full perfection ; and whether it has not had its augustean age , as well as the latin. it seems to be already mix'd with foreign languages , as far as its purity will bear ; and , as chymists says of their menstruums , to be quite sated with the infusion . but posterity will best judge of this — in the mean time , 't is a surprizing reflection , that between what spencer wrote last , and waller first , there should not be much above twenty years distance : and yet the one's language , like the money of that time , is as currant now as ever ; whilst the other 's words are like old coyns , one must go to an antiquary to understand their true meaning and value . such advances may a great genius make , when it undertakes any thing in earnest ! some painters will hit the chief lines , and master strokes of a face so truly , that through all the differences of age , the picture shall still bear a resemblance . this art was mr. waller's ; he sought out , in this flowing tongue of ours , what parts would last , and be of standing use and ornament ; and this he did so successfully , that his language is now as fresh as it was at first setting out . were we to judge barely by the wording , we could not know what was wrote at twenty , and what at fourscore . he complains indeed of a tyde of words that comes in upon the english poet , o'reflows whate're he builds : but this was less his case than any mans , that ever wrote ; and the mischief on 't is , this very complaint will last long enough to confute it self . for though english be mouldring stone , as he tells us there ; yet he has certainly pick'd the best out of a bad quarry . we are no less beholding to him for the new turn of verse , which he brought in , and the improvement he made in our numbers . before his time , men rhym'd indeed , and that was all : as for the harmony of measure , and that dance of words , which good ears are so much pleas'd with , they knew nothing of it . their poetry then was made up almost entirely of monosyllables ; which , when they come together in any cluster , are certainly the most harsh untunable things in the world. if any man doubts of this , let him read ten lines in donne , and he 'll be quickly convinc'd . besides , their verses ran all into one another , and hung together , throughout a whole copy , like the hook't attoms , that compose a body in des cartes . there was no distinction of parts , no regular stops , nothing for the ear to rest upon — but as soon as the copy began , down it went , like a larum , incessantly ; and the reader was sure to be out of breath , before he got to the end of it . so that really verse in those days was but down-right prose , tagg'd with rhymes . mr. waller remov'd all these faults , brought in more polysyllables , and smoother measures ; bound up his thoughts better , and in a cadence more agreeable to the nature of the verse he wrote in : so that where-ever the natural stops of that were , he contriv'd the little breakings of his sense so as to fall in with ' em . and for that reason , since the stress of our verse lyes commonly upon the last syllable , you 'll hardly ever find him using a word of no force there . i would say if i were not afraid the reader would think me too nice , that he commonly closes with verbs , in which we know the life of language consists . among other improvements , we may reckon that of his rhymes . which are always good , and very often the better for being new . he had a fine ear , and knew how quickly that sense was cloy'd by the same round of chiming words still returning upon it . 't is a decided case by the great master of writing . quae sunt ampla & pulchra , diu placere possunt ; quae lepida & concinna , ( amongst which rhyme must , whether it will or no , take its place ) cito satietate afficiunt aurium sensum fastidiosissimum . this he understood very well , and therefore , to take off the danger of a surfeit that way , strove to please by variety , and new sounds . had he carried this observation ( among others ) as far as it would go , it must , methinks , have shown him the incurable fault of this jingling kind of poetry , and have led his later judgment to blank verse . but he continu'd an obstinate lover of rhyme to the very last : 't was a mistress , that never appear'd unhandsome in his eyes , and was courted by him long after sacharissa was forsaken . he had rais'd it , and brought it to that perfection we now enjoy it in : and the poet's temper ( which has always a little vanity in it ) would not suffer him ever to slight a thing , he had taken so much pains to adorn . my lord roscommon was more impartial : no man ever rhym'd truer and evener than he ; yet he is so just as to confess , that 't is but a trifle , and to wish the tyrant dethron'd , and blank verse set up in its room . there is a third person , the living glory of our english poetry , who has disclaim'd the use of it upon the stage , tho no man ever employ'd it there so happily as he. 't was the strength of his geinus that first brought it into credit in plays ; and 't is the force of his example that has thrown it out agen . in other kinds of writing it continues still ; and will do so , till some excellent spirit arises , that has leisure enough , and resolution to break the charm , and free us from the troublesome bondage of rhyming . as mr. milton very well calls it , and has prov'd it as well , by what he has wrote in another way . but this is a thought for times at some distance ; the present age is a little too warlike : it may perhaps furnish out matter for a good poem in the next , but 't will hardly encourage one now : without prophesying , a man may easily know , what sort of lawrels are like to be in request ? whilst i am talking of verse , i find my self , i don't know how , betray'd into a great deal of prose . i intended no more than to put the reader in mind , what respect was due to any thing that fell from the pen of mr. waller . i have heard his last printed copies , which are added in the several editions of his poems , very slightly spoken of ; but certainly they don't deserve it . they do indeed discover themselves to be his last , and that 's the worst we can say of ' em . he is there iam senior : sed cruda deo viridisque senectus . the same censure perhaps will be past on the pieces of this second part . i shall not so far engage for 'em , as to pretend they are all equal to whatever he wrote in the vigour of his youth . yet they are so much of a piece with the rest , that any man will at first sight know 'em to be mr. waller's . some of 'em were wrote very early , but not put in former collections , for reasons obvious enough , but which are now ceas'd . the play was alter'd , to please the court : 't is not to be doubted who sat for the two brothers characters . 't was agreeable to the sweetness of mr. waller's temper , to soften the rigour of the tragedy , as he expresses it ; but whether it be so agreeable to the nature of tragedy it self , to make every thing come off easily , i leave to the criticks . in the prologue , and epilogue , there are a few verses that he has made use of upon another occasion . but the reader may be pleased to allow that in him , that has been allowed so long in homer and lucretius . exact writers dress up their thoughts so very well always , that when they have need of the same sense , they can't put it into other words , but it must be to its prejudice , care has been taken in this book to get together every thing of mr. waller's , that 's not put into the former collection ; so that between both , the reader may make the set compleat . it will perhaps be contended after all , that some of these ought not to have been publish'd : and mr. cowly's decision will be urg'd , that a neat tomb of marble is a better monument , than a great pile of rubbish , &c. it might be answer'd to this , that the pictures and poems of great masters have been always valu'd , tho the last hand weren't put to ' em . and i believe none of those gentlemen that will make the objection would refuse a sketch of raphael's , or one of titian's draughts of the first sitting . i might tell 'em too , what care has been taken by the learned , to preserve the fragments of the ancient greek and latin poets : there has been thought to be a divinity in what they said , and therefore the least pieces of it have been kept up and reverenc'd , like religious reliques . and i am sure , take away the mille anni , and impartial reasoning will tell us , there is as much due to the memory of mr. waller , as to the most celebrated names of antiquity . but to wave the dispute now of what ought to have been done ; i can assure the reader , what would have been had this edition been delay'd . the following poems were got abroad , and in a great many hands : it were vain to expect that amongst so many admirers of mr. waller , they should not meet with one fond enough to publish ' em . they might have staid indeed , till by frequent transcriptions they had been corrupted extreamly , and jumbled together with things of another kind : but then they would have found their way into the world. so 't was thought a greater piece of kindness to the author , to put 'em out ; whilst they continue genuine and unmix'd ; and such , as he himself , were he alive might own . prologue to the maids tragedy . alter'd by mr. w. scarce should we have the boldness to preter so long renown'd a tragedy to mend , had not already some deserv'd your praise with like attempt : of all our elder plays , this and philaster have the lowdest fame , great are their faults , and glorious is their flame . in both our english genius is exprest ; lofty and bold , but negligently drest . above our neighbours our conceptions are , but faultless writing is th' effect of care. our lines reform'd , and not compos'd in haste ; polisht like marble , would like marble last . but as the present , so the last age writ ; in both we find like negligence and wit. were we but less indulgent to our faults , and patience had to cultivate our thoughts . our muse would flourish , and a nobler rage would honour this , than did the graecian stage . thus says our author , not content to see that others write as carelesly as he , tho he pretends not to make things compleat , yet to please you , he 'd have the poets sweat . in this old play , what 's new we have exprest in rhiming verse , distinguish'd from the rest : that , as the roan its hasty ways does make , not mingling waters , thro geneva's lake : so having here the different stiles in view , you may compare the former with the new . if we less rudely shall the knot unty , soften the rigour of the tragedy : and yet preserve each persons character : then to the other , this you may prefer . 't is left to you : the boxes and the pit , are soveraign iudges of this sort of wit. in other things the knowing artist may iudge better than the people : but a play , made for delight , and for no other use , if you approve it not , has no excuse . enter evadne , with a page of honour . evad. amintor lost , it were as vain a thing , as 't is prodigious , to destroy the king. compell'd by threats , to take that bloody oath , and the act ill , i am absolv'd by both . a vestal vow'd , with pity i look down on the kings love , and fierce melantius frown . these will to both my resolutions bring : page , give melantius that , these to the king. exit page with letters . under how hard a fate are women born ! priz'd to their ruine , or expos'd to scorn ! the pow'r of princes armies overthrows : what can our sex against such force oppose ? love and ambition have an equal share in their vast treasures , and it costs as dear to ruine us , as nations to subdue : but we are faulty , tho all this be true . for towns are starv'd , or batter'd e're they yield : but we perswaded rather than compell'd : for things superfluous neglect our fame , and weakly render up our selves to shame . but here 's the sacred place , where we may have , before we dye , an honourable grave . the dead , and they that live retired here , obtain like pardon from the most severe . she knocks and the abbess enters . abb. the great evadne visiting our cell ! evad. 't is not to visit you , but here to dwell . can you find room for one so bad as i , that humbly begs she may among you dye ? abb. you that so early can correct your thoughts , may hope for pardon for your greatest faults . happy is she , who from the world retires , and carries with her what the world admires ! thrice happy she , whose young thoughts fix'd above , while she is lovely , does to heav'n make love. i need not urge your promise , e're you find an entrance here , to leave the world behind . evad. my guilty love devotion shall succeed . love , such as mine was , tho a dang'rous weed , shews the rich soyl , on which it grew so high , may yield as fair a crop of piety . but of all passions , i ambition find hardest to banish from a glorious mind . yet heav'n our object made , ambition may , as well as love , be turn'd a nobler way . still i ascend — it is a step above a princes favour , to belong to iove . they both go in , and the door shuts . enter melantius alone , with a letter in his hand . mel. among the vestals ! she 'll corrupt them all , and teach them from their sacred vow to fall . the standing regiments , the fort , the town , all but this wicked sister is our own . o! that i could but have surpriz'd the wretch , before she did the place of refuge reach ! that fatal beast , maliciously forsworn , twice false evadne , thus i would have torn . tears the paper with fury but this design admits of no delay , and our revenge must find some speedy way . i 'll sound lucippus , he has always paid respect to my deserts : could he be made to joyn with us , we might preserve the state ; and take revenge , without our countrys fate . he loves his brother , but a present crown cannot but tempt a prince so near throne . he 's full of honour : tho he like it not , if once he swear , he 'll not reveal the plot. exit . the king enters alone . king. melantius false ! it cannot be , and yet when i remember how i merit it , he is presented to my guilty mind less to his duty , than revenge inclin'd . 't is not my nature to suspect my friends , or think they can have black malicious ends . 't is doing wrong creates such doubts as these , renders us jealous , and destroys our peace . happy the innocent , whose equal thoughts are free from anguish , as they are from faults . enter page with a letter . page . 't is from evadne , sir. exit . king. why should she use her pen to me ? 't is some important news ! reads the letter . from among the vestals . [ strangely dated ! ] where i am retir'd from the rage of my offended brothers . i wish you were as secure from their revenge . they aim at your life , and made me swear to take it . they have got possession of the fort , and are assur'd of the inclination both of the souldiers and citizens . my first prayer is to the gods for your preservation ; my next to your majesty , that if they return to their duty , you would afford them your grace . enter about the middle of the letter melantius and lucippus whispering . o my presaging thoughts ! how right are you ! all that callianax affirm'd is true . the crown we hazard , when at home we stay , and teach our forces others to obey . conduct of armies is a princes art : and when a subject acts that royal part , as he in glory rises , we grow less : while our arms prosper , ruin'd by success . for in a court what can so dreadful be , as one more glorious than our selves to see ! seeing them whisper . but there 's melantius — to lucippus ear ; what 't is he trusts , i 'll step aside and hear . he hides himself , to hearken to their discourse . lucipp . how am i caught with an unwary oath , not to reveal the secret , which i loath ! to stain my conscience with my brothers blood , to be a king ! no , not to be a god. he that with patience can such treason hear , tho he consent not , has a guilty ear. unto thy self pronounce the name of king ; that word will keep thee from so foul a thing . mel. sir , your fond care & kindness comes too late , to save your brother , or prevent my hate : the people mutiny , the fort is mine , and all the souldiers to my will incline ; of all his servants he has lost the heart , in his own court i have the nobler part : unto your self pronounce the name of king ; that word will tell you 't is no trivial thing that you are offer'd : do not storm and frown at my endeavours to preserve the crown . wear it your self ; occasion will not stay ; 't is lost unless you take it while you may . tumult and ruine will o'rewh●lm the state , and you 'll be guilty of your countrys fate . luc. aside . some form'd design against the k. is laid ; let 's try how far our reason may perswade . to him . the crown you value so , my brother bears upon his head , and with it all the cares ; while i enjoy th' advantage of his state , and all the crown can give , except the weight ▪ long may he live , that is so far above all vice , all passion , but excess of love. and can th' effects of love appear so strange , that into beasts our greatest gods can change ! mel. the deathless gods , when they commit a rape disguis'd a while , again resume their shape ; but princes once turn'd into beasts , remain for ever so , and should , like beasts , be slain . luc. tho more in years , you have a mistress still and for that fault would you your soveraign kill love is the frailty of heroic minds , and where great vertues are our pardon finds . brutes may be chast ; pidgeons , swans and doves are more confin'd , than we are , in their loves . justice and bounty , in a prince , are things that subjects make as happy as their kings . will you contract the guilt of royal blood ? and rob your country of her chiefest good ? mel. of one , whose lust his family has stain'd , by whose good conduct he securely reign'd . luc. of one , whose choice first made your valour known , and with whose armies you have got renown . 't is all the gratitude subjects can shew , to bear with patience what their princes do . mel. yet brutus did not let proud tarquin scape . luc. the prince his son was guilty of a rape . for joys extorted with a violent hand , a just revenge might with your honour stand . but should a prince , because he does comply with one , that 's fair , and not unwilling , dye ? or is it fit the people should be taught your sisters frailty , with my brothers fault ? mel. let her be known unchast , so it be said , that he that durst perswade her to 't is dead . luc. the king has wrong'd you : is it just that yo● mischief to me and the whole nation do ? mel. a brave man rather than not take reveng● just , or unjust , should the whole world unhing● luc. yet of all vertues , justice is the best , valour , without it , is a common pest. pirates and thieves , too oft with courage grac'd shew us how ill that vertue may be plac'd . 't is our complexion makes us chast or brave ; justice from reason , and from heav'n we have . all other vertues dwell but in the blood , that in the soul , and gives the name of good ; justice , the queen of vertues , you despise , and only rude and savage valour prize . to your revenge you think the king and all that sacred is , a sacrifice should fall : the town be ruin'd , and this isle laid wast , only because your sister is not chast . can you expect , that she should be so sage to rule her blood , and you not rule your rage ? both soul distempers are , but yours the worse , less pleasure has , and brings a greater curse . mel. in idle rhodes philosophers are bred , and you , young prince , are in their morals read . nor is it hard for one that feels no wrong , for patient duty to employ his tongue . oppression makes men mad , and from their breast , all reason does , and sense of duty wrest . the gods are safe , when under wrongs we groan , only because we cannot reach their throne . shall princes then , that are but gods of clay , think they may safely with our honour play ? reward a souldiers merit with a stain to his whole race , and yet securely reign ? farewel ! i know so brave a man will scorn to tell the secret , unto which he 's sworn . luc. aside . i promis'd secresy , but did not say i would look tamely on . to him . melantius stay : tho you surpriz'd me , and my hasty word restrains my tongue , it tyes not up my sword. of other vertues tho you are bereft by your wild rage , i know your valour 's left . swear not to touch my brother , or with speed behind the castle-wall let 's meet . mel. agreed . exit . lucip. mel. his well-known vertue , and his constant love , to his bad brother may the people move : i 'll take the occasion , which he gives , to bring him to his death , and then destroy the king. ex. mel. enter the king as discovering himself . king. o! what an happiness it is to find a friend of our own blood , a brother kind ! a prince so good , so just , so void of fear , is of more value than the crown i wear . the kingdom offer'd , if he would engage , he has refus'd with a becoming rage . happy this isle , with such a hero blest ; what vertue dwells not in his loyal breast ? enter strato . str. sir , we are lost , melantius has the fort , and the town rises to assault the court : wherein they 'll find the strongest part their own : if you 'll preserve your self , you must be gone . i have a garden opens to the sea , from whence i can your majesty convey to some near friend . king. there with your shallop stay : the game 's not lost , i have one card to play . suffer not diphilus to leave the court , but bid him presently to me resort . exit strato . had not this challenge stopt the impendent fate , we must have perisht with the ruin'd state. forts , souldiers , citizens , of all bereft , there 's nothing but our private valour lest : if he survive , i have not long to reign ; but he that 's injur'd should be fairly slain . the people for their darling would repine , if he should fall by any hand , but mine . less wise than valiant , the vain man is gone to fight a duel , when his work was done . should i command my guards to find him , where he meets my brother , and destroy him there , all hope of peace for ever would be lost , and the wise rabble would adore his ghost . dead , than alive , he would do greater harm , and the whole island , to revenge him , arm . so popular , so mighty have i made this fighting man , while i liv'd in the shade . but 't was a double fault to raise him so , and then dishonour on his house to throw . ill govern'd passions in a princes breast , hazard his private , and the public rest . but errors , not to be recall'd , do find their best redress from presence of the mind . courage our greatest failings does supply , and makes all good , or handsomely we dye . life is a thing of common use , by heav'n as well to flyes , as unto princes giv'n . but , for the crown , 't is a more sacred thing : i 'll dying lose it , or i 'll live a king. enter diphilus . come , diphilus , we must together walk , and of a matter of importance talk . diph. aside . what fate is this ! had he stayd half an hour , the rising town had steed me from his power . exeunt : scene changes into a field : into which enter lucippus and melantius , with swords drawn . mel. be yet advis'd , th' injurious king forsake ; death , or a scepter from melantius take . lucip. be thou advis'd , thy black design forsake ; death , or this counsel from lucippus take . mel. youth and vain confidence thy life betray ; thro armies this has made melantius's way . lucip. drawn for your king , that sword would wonders do ; the better cause makes mine the sharper now . thy brutal anger does the gods defy ; kings are their care , resume thy loyalty : or from thy guilty head i 'll pluck the bays , and all thy triumphs shall become my praise . mel. that shall be quickly try'd . enter the king with diphilus . king. with sword in hand ' like a good brother , by your brother stand . diph. glad that your pleasure lies this noble way . i never did more willingly obey . king. thy life , melantius , i am come to take , of which foul treason does a forfeit make . to do thee honour , i will shed that blood , which the just laws , if i were faultless , should . mel. 't is bravely urg'd , sir ; but , their guards away , kings have but small advantage of the law. king. having infring'd the law , i wave my right as king , and thus submit my self to fight . why did not you your own sierce hand employ , as i do mine , and tell the reason why ? a subject should be heard before he 's slain : and does less right belong to us that reign ? mel. if , as unjust , i could have thought you brave , this way i chosen had revenge to have . a way so noble , that i must confess , already i begin to hate you less . so unexpected and so brave a thing , makes me remember that you are my king. and i would rather be contented , since he challeng'd first , to combat with that prince . that so , a brother for a sister chang'd , we may be of your wanton pride reveng'd . king. 't was i that wrong'd you , you my life have sought ; no duel ever was more justly sought . we both have reason for our fatal wrath : nor is it fit the world should hold us both . lucippus to the king apart . me for what nobler use can you reserve , than thus the crown from danger to preserve ? members expose themselves , to save the head : this way he shall be satisfy'd , or dead . melantius to his brother apart . tho foul injustice majesty did stain , this noble carriage makes it bright again . when kings with courage act , something divine that calls for reverence , does about them shine . diph. were we born princes , we could not expect for an affront receiv'd ; greater respect . they that with sharpest injuries are stung , if fairly fought withal , forget the wrong . a thousand pitties such a royal pair should run this hazard for a wanton fair . mel. let us fright so , as to avoid th' extream either of fearing or of killing them . lucippus apart to his brother . sir , you should wield a scepter , not a sword , nor with your weapon kill , but with your word . the gods by others execute their will. k. yet heav'n does oft with its own thunder kill : and when necessity and right command , a sword is thunder in a soveraign's hand . let us dispatch , lest any find us here , before we fight ; or he grow less severe . here they all fight . lucippus to the king. hold sir , they only guard , and still give place , to them . fight us , as enemies , or ask for grace . mel. i never thought i could expedient see , on this side death , to right our family . the royal sword thus drawn , has cur'd a wound for which no other salve could have been found . your brothers now in arms our selves we boast , as satisfaction for a sister lost . the blood of kings expos'd , washes a stain cleaner , than thousands of the vulgar slain . you have our pardon , sir ; and humbly now , as subjects ought , we beg the same of you . here they both kneel . pardon our guilty rage , which here takes end , for a lost sister , and a ruin'd friend . luc. let your great heart a gracious motion feel : is 't not enough , you see melantius kneel ? i 'll be a pledge for both , they shall be true as heretofore ; and you shall trust 'em too . his loyal arm shall still support the state , and you no more provoke so just an hate . king. rise , brave melantius , i thy pardon sign , with as much joy , as i am proud of mine . rise , valiant diphilus , i hope you 'll both forget my fault , as i shall your just wrath . diph. valour reveal'd in princes does redeem their greatest faults , and crowns them with esteem . use us with honour , and we are your slaves , to bleed for you , when least occasion craves . king. with honour and with trust this land shall know , after my brother , none so great as you . enter the kings guards . mel. if these approach us , sir , by your command , take back your pardon , on our guard we stand . the king steps between ' em . king. what over-diligence has brought you here captain of the guards . such as you 'll pardon when the news you hear amintor is retir'd , aspasia gone , and a strange humour does possess the town . they arm apace , sir , and aloud declare things which we dare not whisper in your ear. the council met , your guards to find you sent , and know your pleasure in this exigent . this honour'd person you might justly fear , were he not loyal , and amongst us here . they say his merit 's ill return'd , and cry , with great melantius they will live and dye . mel. sir , not your power , but vertue made me bow ; for all he tells you , i did kneeling know . tho now the faithfulst of your subjects , we have been the cause of all this mutiny . go comfort , sir , amintor , while we run to stop the rage of this revolting town ; and let them know the happiness they have in such a royal pair , so just , so brave . lend me your guards , that if perswasion fail , force may against the mutineers prevail . k. to the guards . go , and obey , with as exact a care , all his commands , as if our self were there . he that depends upon another , must oblige his honour with a boundless trust . exeunt king and lucippus . mel. how vain is man ! how quickly changed are his wrath and fury to a loyal care ! this drawn but now against my soveraigns breast , before 't is sheath'd shall give him peace and rest . exeunt brothers and guards . and the scene changes into a forrest . enter aspasia . asp. they say , wild beasts inhabit here ; but grief and wrong secure my fear . compar'd to him that does refuse , a tyger's kind , for he pursues . to be forsaken's worse than torn , and death a lesser ill than scorn . oh! that some hungry beast would come , and make himself aspasia's womb ! if none accept me for a prey , death must be found some other way . not long since , walking in the field , i and my nurse , we there beheld a goodly fruit ; which tempting me , i would have pluck'd ; but trembling she , whoever pluck'd those berries , cry'd , in less than half an hour dy'd . some god direct me to the bough , on which those useful berries grow ! exit . enter amintor alone . am. repentance , which became evadne so , would no less handsome in amintor show . she ask'd me pardon ; but aspasia i , injur'd alike , suffer to pine and dye . 't is said , that she this dangerous forrest haunts , and in sad accents utters her complaints . not ev'ry lady does from vertue fall , th' injurious king doesn't possess 'em all . women are govern'd by a stubborn fate , their love 's insuperable as their hate . no merit their aversion can remove , nor ill requital can efface their love. if i can find her , e're she perish , i will gain her pardon , or before her dye . well i deserv'd evadne's scorn to prove , that to ambition sacrific'd my love. fools that consult their avarice or pride ! to chuse a wife , love is our noblest guide . exit . enter aspasia alone , with a bough in her hand , ful● of fair berries . asp. this happy bough shall give relief , not to my hunger , but my grief . in colder regions men compose poyson with art , but here it grows . how lovely these ill berries show ! and so did false amintor too . heav'n would ensnare us — who can scape , when fatal things have such a shape ? the birds know how to chuse their fare , to peck this fruit they all forbear . those chearful singers know not why they should make any haste to dye : and yet they couple — can they know love , without knowing sorrow too ? nothing in vain the gods create this bough was made to hasten fate . 't was in compassion of our woe , that nature first made poysons grow ; for hopeless wretches , such as i , kindly providing means to dye . as mothers do their children keep , she feeds us , and she makes us sleep : the indispos'd she does invite to go to bed before 't is night . death always is to come , or past : if it be ill , it cannot last . sure 't is a thing was never known ; for when that 's present , we are gone . 't is an imaginary line , which does our being here confine . dead we shall be , as when unborn ; and then i knew nor love , nor scorn . but say we are to live elsewhere , what has the innocent to fear ? can i be treated worse below , than here ? or more unjustly ? no! justice from hence long since is gone , and reigns where i shall be anon . like slaves redeem'd , death sets us free from passion , and from injury . the living chain'd to fortunes wheel , in triumph led , her changes feel : and conquerors kept poysons by , prepar'd for her inconstancy . bays against thunder might defend their brow : but against love and fortune here 's the bow. here she puts some of the berries to her mouth enter amintor in haste , strikes the berries out of her . hand , and snatches the bough . am. rash maid , forbear ; and lay those berries by , or give them him that has deserv'd to dye . asp. what double cruelty is this ? would you that made me wretched , keep me always so ? evadne has you : let aspasia have the common refuge of a quiet grave . if you have kindness left , there see me laid : to bury decently the injur'd maid , is all the favour that you can bestow , or i receive — pray render me my bough . am. no less than you , was your amintor wrong'd : the false evadne to the king belong'd . you had my promise , and my bed is free ; i may be yours , if you can pardon me . asp. your vows to her were in the temple paid , the sacred altar witness'd what you said . am. the pow'rs above are to no place confin'd , but every where hear promises that bind . the heav'n , the air , earth , and the boundless sea. make but one temple for the deity . that was a witness to my former vow : none can amintor justly claim , but you . who gives himself away the second time , creates no title , but commits a crime . asp. i could have dy'd but once ; but this believ'd , i may ( alas ! ) be more than once deceiv'd . by what new gods , amintor , will you swear ? am. by the same gods , that have been so severe by the same gods , the justice of whose wrath. punish'd the infraction of my former faith . may every lady an evadne prove , that shall divert me from aspasia's love. asp. if ever you should prove inconstant now , i shall remember where these berries grow . am. my love was always constant ; but the king , melantius friendship , and that fatal thing ambition , me on proud evadne threw ; and made me cruel to my self , and you . but if you still distrust my faith , i vow here in your presence i 'll devour the bough . asp. snatching the bough from him . rash man , forbear ! if not restrain'd by doubt , from my stretcht heart my spirits would fly out . but for the mixture of some unbelief , my joy had been as fatal as my grief . the sudden news of unexpected bliss , would yet have made a tragedy of this . secure of my amintor , still i fear evadne's mighty friend , the king. am. he 's here . enter the king , and his brother , to them . king , turning to his brother . how shall i look upon that noble youth , so full of patience , loyalty , and truth ? the fair aspasia i have injur'd too , the guilty author of their double woe . my passion gone , and reason in the throne , amaz'd i see the mischiefs i have done . after a tempest , when the winds are laid , the calm sea wonders at the wrecks it made . am. men wrong'd by kings impute it to their sate , and royal kindness never comes too late : so when heav'n frowns , we think our anger vain ; joyful and thankful when it smiles again . taking aspasia by the hand . this knot you broke , be pleas'd again to bind , and we shall both forget you were unkind . king. may you be happy , and your sorrows past , set off those joys i wish may ever last . but , madam , make not that fair fruit your food : it is the greatest poyson in the wood. am. she knows it , sir ; yet , had not i made haste , upon these berries she had broke her fast . k. read this . am. evadne with the vestals ! now you 'll have no more occasion for this bough . enter a messenger from melantius , applying himself to the king. mess. melantius , sir , has let the people know how just you are , and how he 's grac'd by you . the town 's appeas'd , and all the air does ring with repititions of long live the king. luc. sir , let us to the sacred temple go , that you are safe our joy and thanks to shew . king. of all we offer to the pow'rs above , the sweetest incense is fraternal love. like the rich clouds that rise from melted gums , it spreads it self , and the whole isle perfumes . for such a brother , to th' immortal gods more thanks i owe , than for the crown of rhodes . epilogue , spoken by the king. the fierce melantius was content , you see , the king should live ; be not more fierce than he . too long indulgent to so rude a time ; when love was held so capital a crime , that a crown'd head could no compassion find ; but dy'd , because the killer had been kind . nor is 't less strange such mighty wits as those should use a style in tragedy , like prose . well sounding verse , where princes tread the stage , should speak their vertue , or describe their rage . by the lowd trumpet , which our courage aids , we learn that sound , as well as sense , perswades . and verses are the potent charms we use , heroic thoughts and vertue to infuse . when next we act this tragedy again , vnless you like the change , we shall be slain . the innocent aspasia's life or death , amintor's too , depends upon your breath . excess of love was heretofore the cause ; now if we dye , 't is want of your applause . epilogue , design'd upon the first alteration of the play ; when the king only was left alive . aspasia bleeding on the stage does lye , to shew you still 't is the maids tragedy . the fierce melantius , &c. as before , to — the killer had been kind . this better natur'd poet had repriev'd gentle amintor too , had he believ'd the fairer sex his pardon could approve who to ambition sacrific'd his love. aspasia he had spar'd ; but for her wound , neglected love , there could no salve be found . when next we act this tragedy again , unless you like the change , i must be slain . excess of love was heretofore the cause ; now if i dye , 't is want of your applause . some verses that seem to be a part of the foregoing play. no forrest , cave , nor savage den , holds more pernicious beasts , than men. vows , oaths , and contracts they devise , and tell us they are sacred tyes . and so they are , in our esteem ; but empty names despis'd by them . women with studied arts they vex : ye gods , destroy that impious sex ! and if there must be some t' invoke your pow'rs , and make your altars smoke ; come down your selves , and in their place , get a more just , and nobler race : such as the old world did adorn , when heroes , like your selves , were born : but this i wish not for aspasia's sake ; for she no god would for amintor take . epitaph on the lady sidly . here lyes the learned savil's heir , so early wise , and lasting fair ; that none , except her years they told , thought her a child , or thought her old . all that her father knew or got , his art , his wealth , fell to her lot : and she so well improv'd that stock ; both of his knowledge and his flock ; that wit and fortune reconcil'd , in her , upon each other smil'd . whilst she to ev'ry well-taught mind was so propitiously inclin'd ; and gave such title to her store , that none , but th' ignorant , were poor . the muses daily found supplys both from her hands , and from her eyes . her bounty did at once engage , and matchless beauty warm their rage . such was this dame in calmer days , her nations ornament and praise . but , when a storm disturb'd our rest , the port and refuge of th' opprest . this made her fortune understood , and look'd on as some public good . so that , her person and her state exempted from the common fate , in all our civil fury she stood , like a sacred temple , free . may here her monument stand so , to credit this rude age ; and shew to future times , that even we some patterns did of vertue see : and one sublime example had of good , among so many bad . epitaph , unfinished . great soul , for whom death will no longer stay , but sends in haste to snatch our bliss away . o cruel death ! to those you take more kind , than to the wretched mortals left behind ! here beauty , youth and noble vertue shin'd , free from the clouds of pride that shade the mind . inspired verse may on this marble live , but can no honour to thy ashes give . the triple combat . when thro the world fair mazarine had run , bright as her fellow-traveller , the sun ; hither at length the roman eagle flys , as the last triumph of her conqu'ring eyes . as heir to iulius , she may pretend a second time to make this nation bend . but portsmouth , springing from the ancient race of britains , which the saxon here did chase , as they great caesar did opppose , makes head ; and does against this new invader lead . that goodly nymph , the taller of the two , careless and fearless to the field does go . becoming blushes on the other wait , and her young look excuses want of height . beauty gives courage ; for she knows the day must not be won the amazonian way . nor does her grace the better title want ; our law 's indulgent to the occupant . legions of beauties to the battel come , for little britain these , and those for rome . drest to advantage , this illustrious pair arriv'd , for combat in the list appear . venus had been an equal friend to both , and victory to declare her self seems loth . what may the fates design ! for never yet from distant regions two such beauties met ? over the camp with doubtful wings she flys , till chloris shining in the field she spys . the lovely chloris shining well attended came , a thousand graces waited on the dame. her matchless form made all the english glad , and foreign beauties less assurance had . yet , like the three on ida's top , they all pretend alike , contesting for the ball. which to determine love himself declin'd , lest the neglected should become less kind . such killing looks ! so thick the arrows fly ! that 't is unsafe to be a stander by . poets approaching to describe the fight , are by their wounds instructed how to write . they , with less hazard , might look on and draw the ruder combats in alsatia . and with that foil of violence and rage set off the splendour of the golden age : where love gives law , beauty the scepter sways ; and uncompell'd , the happy world obeys . to mr. killegrew , upon his altering his play pandora , from a tragedy into a comedy , because not approv'd on the stage . sir , you should rather teach our age the way of judging well , than thus have chang'd your play. you had oblig'd us by employing wit , not to reform pandora , but the pit. for as the nightingale , without the throng of other birds , alone attends her song : while the lowd daw , his throat displaying , draws the whole assembly of his fellow-daws . so must the writer , whose productions should take with the vulgar , be of vulgar mould : whilst nobler fancies make a flight too high for common view , and lessen as they fly . some verses belonging to a copy in the first part of his poems , entitled , vpon a war with spain , and a fight at sea : the close of it was originally thus . with these returns victorious mountagu , with lawrels in his hand , and half peru. let the brave generals divide that bough , our great protector hath such wreaths enough . his conquering head has no more room for bays : then let it be ▪ as the glad nation prays . let the rich ore forthwith be melted down , and the state fix'd by making him a crown . with ermin clad and purple , let him hold a royal scepter , made of spanish gold. on the picture of a fair youth , taken after he was dead . this copy is printed imperfectly in the first part of his poems . as gather'd flowers , whilst their wounds are new , look gay and fresh , as on the stalk they grew ; torn from the root that nourish'd 'em , a while , not taking notice of their fate , they smile ; and in the hand , which rudely pluckt 'em , show fairer than those that to their autumn grow : so love and beauty still that visage grace , death cannot fright 'em from their wonted place ; alive the hand of crooked age had marr'd those lovely features , which cold death has spar'd . no wonder then he sped in love so well , when his high passion he had breath to tell , when that accomplish'd soul in this fair frame , no business had but to perswade that dame : whose mutual love advanc'd the youth so high , that , but to heav'n , he could no higher fly . long and short life . circles are prais'd , not that abound in largeness , but th' exactly round . so life we praise , that does excel not in much time , but acting well . prologue to the lady actors . amaze us not with that majestic frown , but lay aside the greatness of your crown . for your diversion here we act in jest ; but when we act our selves , we do our best . you have a look , which does your people awe , when in your throne and robes you give 'em law. lay it by here , and give a gentler smile ; such as we see great ioves in picture , while he listens to apollo's charming lyre , or judges of the songs he does inspire . comedians on the stage shew all their skill , and after do as love and fortune will. we are less careful , hid in this disguise ; in our own clothes more serious , and more wise . modest at home , upon the stage more bold , we feign warm lovers , tho our breasts be cold . a fault committed here deserves no scorn , if we act well the parts , to which we 're born . to mr. creech , on his translation of lucretius . what all men wisht , tho few cou'd hope to see ▪ we are now blest with , and oblig'd by thee . thou from the ancient learned latin store , giv'st us one author , and we hope for more . may they enjoy thy thoughts — let not the stage the idl'st moment of thy hours engage . each year that place some wondrous monster breeds , and the wits garden is o're-run with weeds . there farce is comedy , bombast call'd strong ; soft words , with nothing in 'em , make a song . 't is hard to say they steal 'em now adays , for sure the ancients never wrote such plays . these scribbling insects have what they deserve , not plenty , nor the glory for to starve . that spencer knew , that tasso felt before , and death found surly ben exceeding poor . heaven turn the omen from their image here , may he with joy the well-plac'd lawrel wear : great virgil's happier fortune may he find , and be our caesar , like augustus , kind . but let not this disturb thy tuneful head , thou writ'st for thy delight , and not for bread ; thou art not curst to write thy verse with care , but art above what other poets fear . what may we not expect from such a hand , that has , with books , himself at free command ? thou know'st in youth what age has sought in vain and bring'st forth sons without a mothers pain : so easie is thy sense , thy verse so sweet , thy words so proper , and thy phrase so fit , we read , and read again , and still admire whence came this youth , and whence this wondrous fire pardon this rapture , sir ; but who can be cold and unmov'd , yet have his thoughts on thee ▪ thy goodness may my several faults forgive , and by your help these wretched lines may live : but if when view'd by your severer sight , they seem unworthy to behold the light , let them with speed in deserv'd flames be thrown they 'll send no sighs , nor murmur out a groan , but dying silently your justice own . on the d. of monmouth's expedition into scotland , in the summer solstice , . swift as ioves messenger , the winged god , with sword as potent as his charming rod , he flew to execute the kings command , and in a moment reach'd that northern land ; where day contesting with approaching night , assists the heroe with continu'd light. on foes surpriz'd , and by no night conceal'd , he might have rush'd ; but noble pity held his hand a while , and to their choice gave space , which they would prove , his valour , or his grace . this not well heard , his cannon louder spoke , and then , like lightning , thro that cloud he broke ; his fame , his conduct , and that martial look , the guilty scotch with such a terror strook , that to his courage they resign the field , who to his bounty had refus'd to yield : glad that so little loyal blood it cost , he grieves so many britains should be lost ; taking more pains , when he beheld them yield , to save the fliers , than to win the field . and at the court his interest did employ , that none , who scap'd his fatal sword , should dye and now these rash bold men their error find , not trusting one beyond his promise kind ; one whose great mind , so bountiful and brave , had learnt the arts to conquer and to save . in vulgar breasts no royal vertues dwell , such deeds as these his high extraction tell ; and gives a secret joy to him who reigns , to see his blood triumph in monmouth's veins : to see a leader , whom he got and chose , firm to his friends , and fatal to his foes . but seeing envy , like the sun , does beat with scorching rayes , on all that 's high and great ; this , ill requited monmouth , is the bough the muses send to shade thy conqu'ring brow. lampoons , like squibs , may make a present blaze , but time and thunder pay respect to bays . cover'd with dust at one another thrown , how can the lustre of their wit be shown ! achilles arms dazles our present view , kept by the muse as radiant and as new , as from the forge of vulcan first they came ; thousands of years are past , and they the same : such care she takes , to pay desert with fame . then which no monarch , for his crowns defence knows how to give a nobler recompence . pride . not the brave macedonian youth alone , but base caligula , when on the throne , boundless in pow'r , would make himself a god ; as if the world depended on his nod. the syrian king to beasts was headlong thrown , e're to himself he could be mortal known . the meanest wretch , if heav'n should give him line would never stop , till he were thought divine . all might within discern the serpents pride , if from our selves nothing our selves did hide . let the proud peacock his gay feathers spread , and wooe the female to his painted bed. let winds and seas together rage and swell , this nature teaches , and becomes 'em well . pride was not made for man : a conscious sense of guilt , and folly , and their consequence destroys the claim ; and to beholders tells , here nothing , but the shape of manhood , dwells . of tea , commended by her majesty . venus her myrtle , phoebus has his bays ; tea both excels , which she vouchsafes to praise . the best of queens , and best of herbs we owe , to that bold nation , which the way did shew to the fair region , where the sun does rise ; whose rich productions we so justly prize . the muses friend , tea , does our fancy aid ; repress those vapours , which the head invade : and keeps that palace of the soul serene , fit on her birth-day to salute the queen . panegyrick upon o. cromwell . while , with a strong , and yet a gentle hand , you bridle faction , & our hearts command protect us from our selves , and from our foe , make us unite , and make us conquer too let partial spirits still aloud complain , think themselves injur'd that they cannot reign and own no liberty but when they may without controul upon their fellows prey . above the waves as neptune show'd his face , to chide the winds , and save the trojan race ; so has your highness , rais'd above the rest , storms of ambition tossing us represt . your drooping country , torn with civil hate , restor'd by you , is made a glorious state : the seat of empire , where the irish come , and the unwilling scot , to fetch their doom ▪ the sea 's our own , and now all nations greet , with bending sails each vessel of our fleet : your power extends as far as winds can blow , or swelling sails upon the globe may go ▪ heaven , that has plac'd this island to give law ▪ to ballance europe and her states to awe ▪ in this conjunction does on britain smile ▪ the greatest leader and the greatest isle . whether this portion of the world were rent by the rude ocean from the continent ; or thus created ; sure it was design'd to be the sacred refuge of mankind ▪ hither the oppress'd shall henceforth resort justice to crave , and succour at the court : and then your highness , not for ours alone , but for the worlds protector shall be known . fame , swifter than your winged navy flies , through every land that near the ocean lyes , sounding your name , and telling dreadful news , to all that piracy and rapine use . with such a chief the meanest nation blest , might hope to lift her head above the rest ▪ what may be thought impossible to do , for us embraced by the sea and you ▪ lords of the worlds great waste , the ocean we whole forrests send to reign upon the sea ▪ and every coast may trouble or relieve ; but none can visit us without your leave ▪ angels and we have this prerogative , that none can at our happy seat arrive , while we defend , at pleasure to invade the bad with vengeance , and the good to aid . our little world , the image of the great , like that amidst the ambient ocean 's set of her own growth hath all that nature craves , and all that 's rare , as tribute from the waves ▪ as egypt does not on the clouds rely , but to her nile owes more than to the sky ▪ so whatsoe're our earth and heav'n denies , our ever constant friend the sea supplies : that taste of hot arabia's spice we know , free from the scorching sun that makes it grow ▪ without the heat in persian silks we shine ▪ and without planting , drink of every vine : to dig for wealth we weary not our limbs ▪ gold , tho the heaviest mettal , hither swims ▪ ours is the harvest , where the indians mow ▪ we plow the deep , and reap what others sow ▪ things of the noblest kind our own soil breeds ▪ stout are our men , and warlike are our steeds . rome , tho her eagle through the world has flown could never make this island all her own here the third edward , and the black prince too , france-conquering henry flourisht , and now you for whom we stay'd , as did the grecian state , till alexander came to urge their fate . when for more worlds the macedonian cry'd , he wist not thetis in her lap did hide another yet a world reserv'd for you to make more great than that he did subdue ▪ he safely might old troops to battel lead , against the unwarlike persian and the mede ; whose hasty flight did from a bloodless field ▪ more spoyl than honour to the victor yield : a race unconquer'd , by their clime made bold , the caledonians , arm'd with want and cold ▪ have by a fate indulgent to your fame ▪ been from all ages kept for you to tame ▪ whom the old roman wall so ill confin'd , with a new chain of garrisons you bind : here foreign gold no more shall make them come , our english iron holds them fast at home ▪ they that henceforth must be content to know no warmer region than their hills of snow ▪ may blame the sun , but must extol your grace , which in our senate hath allow'd them place : preferr'd by conquest , happily o'rethrown , falling they rise , to be with us made one : so kind dictators made , when they came home , their vanquisht foes , free citizens of rome ▪ like favour find the irish ▪ with like fate , advanced to be a portion of our state ▪ whilst by your valour , and obliging mind , nations divided by the sea are joyn'd : holland to gain our friendship is content to be our out-guard on the continent ▪ she from her fellow provinces would go , rather than hazard to have you her foe ▪ in our late fight , when cannons did diffuse ( preventing posts ) the terror and the news , our neighbours they did tremble at the roar ▪ but our conjunction makes them tremble more . your never-failing sword made war to cease , and now you heal us with the arts of peace ▪ our minds with bounty and with awe engage , invite affection , and restrain our rage ▪ less pleasure take brave minds in battels won , than in restoring such as are undone : tygers have courage , and the rugged bear , but man alone can when he conquers spare ▪ to pardon willing , and to punish loth , you strike with one hand , but you heal with both : listing up all that prostrate lye , you grieve you cannot make the dead again to live. when fate or error had our rage misled , and o're these nations such confusion spread , the only cure which could from heav'n come down , was so much power and clemency in one ; one whose extraction from a noble line , gives hopes again that well-born men may shine , the meanest in your nature , mild and good , the noblest rest secured in your blood. much have we wondered how you hid in peace a mind proportion'd to such things as these ▪ how such a ruling spirit you could restrain , and practice first over your self to reign ▪ your private life did a just pattern give , how fathers , husbands , pious men should live ▪ born to command , your princely vertue slept , like humble david , whilst the flock he kept ; but when your troubled country call'd you forth , your flaming courage and your matchless worth , dazzling the eyes of all that did pretend , to fierce contention gave a prosperous end ▪ still as you rise the state exalted too , finds no distemper whilst 't is chang'd by you ; chang'd like the worlds great scene , when without noise the rising sun nights vulgar light destroys . had you some ages past , this race of glory run , with amazement we should read the story ; but living vertue ( all atchievements past ) meets envy still to grapple with at last : this caesar found and that ungrateful age , which losing him , fell back to blood aud rage . mistaken brutus thought to break their yoke , but cut the bond of union with that stroke : that sun once set , a thousand meaner stars gave a dim light to violence and wars : t was such a tempest as now threatens all , did not your mighty arm prevent the fall . if rome's great senate could not weild the sword , which of the conquer'd world had made them lord , what hope had ours , whilst yet your power was new to rule victorious armies but by you ? you that had taught them to subdue their foes , could order ▪ teach , and their high spirits compose ▪ to ev'ry duty could their minds engage , provoke their courage , and command their rage : so when a lyon shakes his dreadful main , and angry grows , if he that first took pain to tame his youth approach the haughty beast , he bends to him , but frights away the rest . then let the muses with such notes as these , instruct us what belongs unto our peace ; your battels they hereafter shall endite , and draw the image of our mars in fight tell of towns storm'd , of armies over-run , and mighty kingdoms by your conquest won ; how while you thundred , clouds of dust did choak contending troops , and seas lay hid in smoke : illustrious acts high raptures do infuse , and ev'ry conqueror creates a muse ▪ here in low strains your milder deeds we sing ▪ but then ( my lord ) we 'll bays and olive bring to crown your head , while you in triumph ride o're nations conquer'd , and the sea beside ; while all the neighbour princes unto you , like ioseph's sheaves , pay reverence and bow . upon the late storm , and death of the late usurper o. c. we must resign heav'n his great soul does claim in storms as loud as his immortal fame : his dying groans , his last breath shakes our isle , and trees uncut fall for his funeral pile . about his palace their broad roots are tost into the air : so romulus was lost : new rome in such a tempest mist their king , and from obeying fell to worshipping . on oeta's top thus hercules lay dead , with ruin'd oaks and pines about him spread ; the poplar too , whose bough he wont to wear on his victorious head , lay prostrate there . those his last fury from the mountain rent ; our dying hero from the continent ravish'd whole towns , and forts from spaniards reft , as his last legacy to britain left . the ocean which so long our hopes consin'd , could give no limits to his vaster mind : our bounds enlargement was his latest toil , nor hath he left us prisoners to our isle . under the tropick is our language spoke , and part of flanders hath receiv'd our yoke . from civil broils he did us disingage , found nobler objects for our martial rage ▪ and with wise conduct to his country show'd ▪ their ancient way of conquering abroad : ungrateful then , if we no tears allow to him , that gave us peace and empire too ▪ princes that fear'd him , griev'd , concern'd to see no pitch of glory from the grave is free : nature her self , took notice of his death , and sighing , swell'd the sea with such a breath , that to remotest shores her billows rowl'd , th' approaching fate of her great ruler told . to chloris . the two following copies are in the edition printed . chloris , what 's eminent we know , must for some cause be valued so ; things without use , tho they be good , are not by us so understood . the early rose made to display her blushes to the youthful may , doth yield her sweets , since he is fair , and courts her with a gentle ayre . our stars do shew their excellence , not by their light , but influence ; when brighter comets , since still known fatal to all , are lik'd by none : so your admired beauty still , is by effects made good or ill . madam , as in some climes , the warmer sun makes it full summer e're the spring 's begun , and with ripe fruit the bending boughs can load , before the violets dare look abroad : so measure not by any common use , the early love your brighter eyes produce . when lately your fair hand , in womans weed , wrapt my glad head , i wish'd me so indeed , that hasty time might never make me grow out of those favours you afford me now ; that i might ever such indulgence find , and you not blush , or think your self too kind , who now i fear while i these joys express , begin to think how you may make them less : the sound of love makes your soft heart affraid , and guard it self , though but a child invade ; and innocently at your white breast throw a dart as white , a ball of new faln snow . an epigram on a painted lady with ill teeth . were men so dull they could not see that lyce painted , should they flee like simple birds into a net , so grosly woven and ill set ; her own teeth would undo the knot , and let all go that she had got . those teeth fair lyce must not show , if she would bite : her lovers , though like birds they stoop at seeming grapes , are disabus'd , when first she gapes ; the rotten bones discover'd there , show 't is a painted sepulcher . to my lady — madam , your commands for the gathering of these sticks into a faggot , had sooner been obeyed , but intending to present you with my whole vintage : i stayed till the latest grapes were ripe , for here your ladiship hath not only all i have done , but all i ever mean to do in this kind : not but that i may defend the attempt i have made upon poetry , by the examples ( not to trouble you with history ) of many wise , and worthy persons of our own times : as sir philip sidney , sir fra. bacon , cardinal perron , the ablest of his country-men ; and the former pope , who they say , instead of the triple crown , wore sometimes the poets ivy , as an ornament , perhaps , of lesser weight and trouble . but , madam , these nightingals sing only in the spring , it was the diversion of their youth . as ladies learn to sing and play when they are children , what they forget when they are women . the resemblance holds further , for as you quit the lute the sooner , because the posture is suspected to draw the body awry , so this is not always practised without some villany to the mind , wresting it from present occasions , and accustoming us to a still somewhat removed from common use . but that you may not think his case deplorable , who had made verses , we are told , that tully ( the greatest wit among the romans ) was once sick of this disease , and yet recover'd so well , that of almost as bad a poet as your servant , he became the most perfect orator in the world. so that not so much to have made verses , as not to give over in time , leaves a man without excuse ; the former presenting us with an opportunity , at least , of doing wisely ; that is , to conceal those we have made ; which i shall yet do , if my humble request may be of as much force with your ladiship , as your commands have been with me : madam , i only whisper these in your ears ; if you publish them , they are your own , and therefore as you apprehend the reproach of a wit , and a poet , cast them into the fire ; or if they come where green boughs are in the chimney , with the help of your fair friends , ( for thus bound , it will be too hard a task for your hands alone ) to tear them in pieces ; wherein you shall honour me with the fate of orpheus , for so his poems , whereof we only hear the form ( not his limbs as the story will have it ) i suppose were scattered by the thracian dames . here , madam , i might take an opportunity to celebrate your vertues , and to instruct you how vnhappy you are , in that you know not who you are ; how much you excel the most excellent of your own : and how much you amaze the least inclined to wonder of your sex. but as they will be apt to take your ladiship for a roman name , so would they believe that i endeavoured the character of a perfect nymph , worshipp'd an image of my own making , and dedicated this to the lady of the brain , not of the heart of your ladiships most humble servant e. w. mr. wallers speech in parliament , . about innovations in doctrine and discipline , &c. we shall make it appear , the errors of divines , who would that a monarch can be absolute , and that he can do all things ad libitum ; receding not only from their text , ( though that be wandring too ) but from the way their own profession might teach them . stare super vias antiquas , and remove not the ancient bounds and landmarks which our fathers have set . if to be absolute , were to be restrained by no laws , then can no king in christendom be so , for they all stand obliged to the laws christian , and we ask no more ; for to this pillar be our priviledges fixt , our kings , at their coronation , having taken a sacred oath not to infringe them . i am sorry these men take no more care , for the informing of our faith of these things , which they tell us for our souls health , whilst we know them so manifestly in the wrong way , in that which concerns the liberties and priviledges of the subjects of england . they gain preferment , and then it is no matter , though they neither believe themselves , nor are believed by others ; but since they are so ready to let loose the conscience of our kings , we are the more carefully to proceed for our protection against this pulpit-law , by declaring , and reinforcing , municipal laws of this kingdom . it is worthy the observation , how new this opinion , or rather this way of rising , is even amongst themselves . for ( mr. speaker ) mr. hooker , who was no refractory man ( as they term it ) thinks that the first government was arbitrary , until it was found , that to live by one mans will , becomes all mens misery ; these are his words , and that these were the original of inventing laws . and ( mr. speaker ) if we look farther back , our histories will tell us , that the prelates of this kingdom , have often been the mediators between the king and his subjects , to present and pray redress of their grievances , and had reciprocally then , as much love and reverence from the people . but these preachers , more active than their predecessors , and wiser than the laws , have found out a better form of government . the king must be a more absolute monarch than any of his predecessors , and to them he must owe it , though in the mean time they hazard the hearts of his people , and involve him into a thousand difficulties . for , suppose this form of government were inconvenient ; ( mr. speaker ) this is but a supposition ; for this five hundred years , it hath not only maintained us in safety , but made us victorious over other nations . but suppose this form of government were inconvenient , and they have another idea of one more convenient , we all know how dangerous innovations are , though to the better , and what hazards those princes run , that enterprize the change of a long established government . now ( mr. speaker ) of all our kings that have gone before , and of all that are to succeed in this happy race , why should so pious , and so good a king , be exposed to this trouble and hazard ? besides , that king so diverted , can never do any great matters abroad . but ( mr. speaker ) whilst these men have thus bent their wits against the law of their country , have they not neglected their own profession ? what tares are grown up in the field which they should have tilled ? i leave it to a second consideration , not but religion be the first thing in our purposes and desires : but that which is first in dignity , is not always to preceed in order of time , for well-being supposes a being ; and the first impediment which men naturally endeavour to remove , is the want of those things ; without which they cannot subsist . god first assigned unto adam maintenance of life , and added to him a title to the rest of the creatures , before he appointed a law to observe . and let me tell you , that if our adversaries have any such design , as there is nothing more easie , than to impose religion on a people deprived of their liberties , so there is nothing more hard , than to do the same upon freemen . and therefore ( mr. speaker ) i conclude with this motion , that there may be an order presently made , that the first thing this house goes about , shall be the restoring of this nation in general , to the fundamental and vital liberties , the prosperity of our goods , and freedom of our persons ; and then we will forthwith consider of the supply desired . and thus shall we discharge the trust reposed in us , by those that sent us hither : and his majesty shall see , that we will make more than ordinary haste to satisfie his demands ; and we shall let all those know that seek to hasten the matter of supply , that they will so far delay it , as they give no interruption to the former . mr. waller's speech in parliament , at a conference of both houses in the painted chamber , july . . my lords , i am commanded by the house of commons , to present you with these articles against mr. justice crawley , which when your lordships shall have been pleased to hear read , i shall take leave ( according to custom ) to say something of what i have collected from the sense of that house , concerning the crimes therein contained . here the charge was read , containing his extrajudicial opinions subscribed , and judgment given for ship-money ; and afterward , a declaration in his charge at an assize , that ship-money was so inherent a right in the crown , that it would not be in the power of a parliament to take it away . my lords , not only my wants , but my affections render me less fit for this imployment ; for though it has not been my happiness to have the law a part of my breeding , there is no man honours that profession more , or has a greater reverence towards the grave judges , the oracles thereof . out of parliament , all our courts of justice are governed or directed by them ; and when a parliament is call'd , if your lordships were not assisted by them , and the house of commons by other gentlemen of that robe , experience tells us , it might run a hazard of being stiled parliamentum indoctorum . but as all posessions are obnoxious to the malice of the professors , and by them most easily betrayed , so ( my lords ) these articles have told you how these brothers of the coyf are become fratres in malo ; how these sons of the law have torn out the bowels of their mother . but this judge ( whose charge you last heard ) in one expression of his , excels no less his fellows , than they have done the worst of their predecessors , in this conspiracy against the commonwealth . of the judgment for ship-money , and those extrajudicial opinions preceding the same ( wherein they are jointly concern'd ) you have already heard , how unjust and pernicious a proceeding that was in so publick a cause , has been sufficiently express'd to your lordships ; but this man , adding despair to our misery , tells us from the bench , that ship-money was a right so inherent in the crown , that it would not be in the power of an act of parliament to take it away . herein ( my lords ) he did not only give as deep a wound to the commonwealth as any of the rest , but dipt his dart in such a poyson , that so far as in him lay , it might never receive a cure. as by those abortive opinions , subscribing to the subversion of our propriety , before he heard what could be said for it , he prevented his own , so by this declaration of his , he endeavours to prevent the judgment of your lordships too , and to confine the power of a parliament , the only place where this mischief might be redress'd : sure he is more wise and learned , than to believe himself in this opinion , or not to know how ridiculous it would appear to a parliament , and how dangerous to himself ; and therefore , no doubt but by saying no parliament could abolish this judgment , his meaning was , that this judgment had abolish'd parliaments . this imposition of ship-money springing from a pretended necessity , was it not enough that it was now grown annual , but he must entail it upon the state for ever , at once making necessity inherent to the crown , and slavery to the subject ? necessity , which dissolving all law , is so much more prejudicial to his majesty than to any of us , by how much the law has invested his royal state with a greater power , and ampler fortune ; for so undoubted a truth it has ever been , that kings as well as subjects , are involv'd in the confusion which necessity produces , that the heathen thought their gods also obliged by the same , pareamus necessitati quam nec homines nec dii superant : this judge then having in his charge , at the affize , declar'd the dissolution of the law , by this suppos'd necessity , with what conscience could he at the same assize , proceed to condemn and punish men , unless perhaps he meant the law was still in force for our destruction , and not for our preservation , that it should have power to kill , but none to protect us ; a thing no less horrid , than if the sun should burn without lighting us , or the earth serve only to bury , and not to feed and nourish us . but ( my lords ) to demonstrate that this was a supposititious impos'd necessity , and such as they could remove when they pleas'd ; at the last convention in parliament , a price was set upon it , for twelve subsidies you shall reverse this sentence : it may be said that so much money would have removed the present necessity , but here was a rate set upon future necessity ; for twelve subsidies you shall never suffer necessity again , you shall for ever abolish that iudgment . here this mystery is revealed , this vizor of necessity is pull'd off , and now it appears , that this parliament of judges had very frankly and bountifully , presented his majesty with twelve subsidies , to be levied on your lordships , and the commons . certainly , there is no priviledge which more properly belongs to a parliament , than to open the purse of the subject , and yet these judges , who are neither capable of sitting among us in the house of commons , nor with your lordships , otherwise than your assistants , have not only assum'd to themselves this priviledge of parliament , but presum'd at once to make a present to the crown , of all that either your lordships , or the commons of england do , or shall hereafter possess . and because this man has had the boldness to put the power of parliament in ballance with the opinion of the judges , i shall intreat your lordships to observe by way of comparison , the solemn and safe proceeding of the one , with the precipitate dispatch of the other . in parliament ( as your lordships know well ) no new law can pass , or old be abrogated , till it has been thrice read with your lordships , thrice in the commous house , and then it receives the royal assent ; so that 't is like gold seven times purified : whereas , these judges by this one resolution of theirs , would perswade his majesty , that by naming necessity , he might at once dissolve ( at least suspend ) the great charter times confirm'd by his royal progenitors , the petition of right , and all other laws provided for the maintenance of the right and propriety of the subject ; a strange force ( my lords ) in the sound of this word necessity , that like a charm it should silence the laws , while we are dispoyl'd of all we have , for that but a part of our goods was taken is owing to the grace and goodness of the king , for so much as concerns these judges , we have no more left than they perhaps may deserve to have , when your lordships shall have passed judgment upon them : this for the neglect of their oaths , and betraying that publick trust , which for the conservation of our laws was reposed in them . now for the cruelty and unmercifulness of this judgment , you may please to remember that in the old law they were forbid to seeth a kid in his mothers milk ; of which the received interpretation is , that we should not use that to the destruction of any creature , which was intended for its preservation : now ( my lords ) god and nature has given us the sea as our best guard against our enemies , and our ships as our greatest glory above other nations , and how barbarously would these men have let in the sea upon us , at once to wash away our liberties , and to overwhelm , if not our land , all the propriety we have therein , making the supply of our navy , a pretence for the ruine of our nation ; for observe i beseech you the fruit and consequence of this judgment , how this money has prospered , how contrary an effect it has had to the end , for which they pretended to take it : on every county a ship is annually impos'd , and who would not expect , but our seas by this time should be covered with the number of our ships ? alas ( my lords ) the daily complaints of the decay of our navy tell us how ill ship-money has maintained the soveraignty of the sea ; and by the many petitions which we receive from the wives of those miserable captives at algier , ( being between four or five thousand of our county-men ) it does too evidently appear that to make us slaves at home , is not the way to keep us from being made slaves abroad ; so far has this judgment been from relieving the present , or preventing the future necessity , that as it changed our real propriety into the shadow of a propriety , so of a feigned it has made a real necessity . a little before the approach of the gaules to rome , while the romans had yet no apprehension of that danger , there was heard a voice in the air , lowder then ordinary , the gaules are come , which voice after they had sack'd the city , and besieged the capitol , was held so ominous , that livie relates it as a prodigy ; this anticipiation of necessity seems to have been no less ominous to us : these judges like ill boding birds have call'd necessity upon the state in a time when i dare say they thought themselves in greatest security ; but if it seem superstitious to take this as an omen , sure i am , we may look on it as a cause of the unfeigned necessity we now suffer , for what regret and discontent had this judgment bred among us ? and as when the noise and tumult in a private house grows so loud as to be heard into the streets , it calls in the next dwellers either kindly to appease , or to make their own use of domestick strife ; so in all likelihood our known discontents at home have been a concurrent cause to invite our neighbours to visit us , so much to the expence and trouble of both these kingdoms . and here , my lords , i cannot but take notice of the most sad effect of this oppression , the ill influence it has had upon the antient reputation and valour of of the english nation : and no wonder , for if it be true that oppression makes a wise man mad , it may well suspend the courage of the valiant : the same happened to the romans , when for renown in arms they most excell'd the rest of the world ; the story is but short , 't was in the time of the decemviri ( and i think the chief troubles of our state may make up that number , ) the decemviri , my lords , had subverted the laws , suspended the courts of justice , and ( which was the greatest grievance both to the nobility and people ) had for some years omitted to assemble the senate , which was their parliament : this , says the historian , did not only deject the romans , and make them despair of their liberty , but caused them to be less valued by their neighbours : the sabines take the advantage and invade them ; and now the decemviri are forc'd to call the long desired senate whereof the people were so glad , that hostibus belloque gratiam habuerunt : this assembly breaks up in discontent , nevertheless the war proceeds ; forces are raised , led by some of the decemviri , and with the sabines they meet in the field : i know your lordships expect the event : my authors words of his country men are these , ne quid ductu aut auspicio decemvirorum prospere gereretur , vinci se patiebantur , they chose rather to suffer a present diminution of their honour , than by victory to confirm the tyranny of their new masters : at their return from this unfortunate expedition , after some distempers and expostulations of the people , another senate , that is , a second parliament , is call'd , and there the decemviri are questioned , deprived of their authority , imprisoned , banish'd , and some lose their lives ; and soon after this vindication of their liberties , the romans by their better success , made it appear to the world , that liberty and courage dwell always in the same breast , and are never to be divorced . no doubt , my lords , but your justice shall have the like effect upon this dispirited people ; 't is not the restitution of our ancient laws alone , but the restauration of our ancient courage which is expected from your lordships : i need not say any thing to move your just indignation , that this man should so cheaply give away that which your noble ancestors with so much courage and industry had so long maintain'd : you have often been told how careful they were , though with the hazard of their lives and fortunes , to derive those rights and liberties as entire to posterity as they received them from their fathers ; what they did with labour you may do with ease , what they did with danger you may do securely : the foundation of our laws is not shaken with the engine of war , they are only blasted with the breath of these men , and by your breath they may be restored . what judgments your predecessors have given , and what punishments their predecessors have suffered for offences of this nature , your lordships have already been so well informed , that i shall not trouble you with a repetition of those precedents : only ( my lords ) something i shall take leave to observe of the person with whose charge i have presented you , that you may the less doubt of the wilfulness of his offence . his education in the inns of court , his constant practice as a councellour , and his experience as a judge ( considered with the mischief he has done ) makes it appear that this progress of his through the law , has been like that of a diligent spie through a country , into which he meant to conduct an enemy . to let you see he did not offend for company , there is one crime so peculiar to himself , and of such malignity , that it makes him at once uncapable of your lordships favour , and his own subsistence incompatible with the right and propriety of the subject : for if you leave him in a capacity of interpreting the laws , has he not already declared his opinion , that your votes and resolutions against ship-money are void , and that it is not in the power of a parliament to abolish that judgment ? to him my lords , that has thus play'd with the power of parliament , wee may well apply what was once said to the goat browsing on the vine . rode , caper , vitem , tamen hinc cum stabis ad aras in tua quod fundi cornua possit , erit : he has cropt and infring'd the priviledges of a banish'd parliament , but now it is returned , he may find it has power enough to make a sacrifice of him , to the better establishment of our laws ; and in truth what other satisfaction can he make his injur'd country , than to confirm by his example those rights and liberties which he had ruin'd by his opinion ? for the proofs , my lords , they are so manifest , that they will give you little trouble in the disquisition ; his crimes are already upon record , the delinquent and the witness is the same ; having from several seats of judicature proclaim'd himself an enemy to our laws and nation , ex ore suo judicabitur . to which purpose i am commanded by the knights , and citizens , and burgesses of the house of commons , to desire your lordships that as speedy a proceeding may be had against mr. justice crawley , as the course of parliament will permit . mr. waller's speech in the house of commons , on tuesday , july . . being brought to the bar , and having leave given him by the speaker , to say what he could for himself , before they proceeded to expel him the house . mr. speaker , i acknowledege it a great mercy of god , and a great favour from you , that i am once more suffered to behold this honourable assembly . i mean not to make use of it to say any thing in my own defence by justification or denyal of what i have done , i have already confessed enough to make me appear , worthy not only to be put out of this house , but out of the world too . all my humble request to you is , that if i seem to you as unworthy to live , as i do to my self , i may have the honour to receive my death from your own hands , and not be exposed to a tryal by the council of war : what ever you shall think me worthy to suffer in a parliamentary way , is not like to find stop any where else . this ( sir ) i hope you will be pleased for your own sakes to grant me , who am already so miserable , that nothing can be added to my calamity , but to be made the occasion of creating a president to your own disadvantage ; besides the right i may have to this , consider i beseech you , that the eyes of the world are upon you ; you govern in chief , and if you should expose your own members to the punishment of others , it will be thought that you either want power , or leisure to chastize them your selves : nor let any man despise the ill consequence of such a president as this would be , because he seeth not presently the inconveniences which may insue : you have many armies on foot , and it is uncertain how long you may have occasion to use them . souldiers and commanders ( though i know well they of the parliaments army , excel no less in modesty than they do in courage ) are generally of a nature ready to pretend to the utmost power of this kind , which they conceive to be due to them , and may be too apt upon any occasion of discontent to make use of such a president as this . in this very parliament you have not been without some taste of the experience hereof ; it is now somewhat more than two years since you had an army in the north , paid and directed by your selves , and yet you may be pleased to remember there was a considerable number of officers in that army , which joyned in a petition or remonstrance to this house , taking notice of what some of the members had said here , as they supposed to their disadvantage , and did little less than require them of you ; 't is true , there had been some tampering with them ; but what has happened at one time , may wisely thought possible to fall out again at another . sir , i presume but to point you out the danger ; if it be not just , i know you will not do me the wrong to expose me to this tryal ; if it be just , your army may another time require the same justice of you , in their own behalf , against some other member , whom perhaps you would be less willing to part with . necessity has of late forced you into untrodden paths ; and in such a case as this where you have no president of your own , you may not do amiss to look abroad upon other states and senates , which exercise the supream power , as you now do here . i dare confidently say you shall find none either antient or modern , which ever exposed any of their own order to be tryed for his life by the officers of their armies abroad , for what he did , while he resided among them in the senate . among the romans the practice was so contrary , that some inferiour officers in the army far from the city , having been sentenced by their general , or commander in chief , as deserving death by their discipline of war , have nevertheless ( because they were senators ) appealed thither , and the cause has received a new hearing in the senate . not to use more words to perswade you to take heed that you wound not your selves thorough my sides , in violating the priviledges belonging to your own persons ; i shall humbly desire you to consider likewise the nature of my offence , ( not but that i should be much ashamed to say any thing in diminution thereof : god knows 't is horrid enough , for the evil it might have occasiooed ) but if you look near it , it may perhaps appear to be rather a civil than a martial crime , and so to have title to a trial at the common law of the land ; there may justly be some difference put between me and others in this business . i have had nothing to do with the other army , or any intention to begin the offer of violence to any body . it was only a civil pretence to that which i then foolishly conceived to be the right of the subject . i humbly refer it to your considerations , and to your consciences . i know you will take care not to shed the blood of war in peace , that blood by the law of war , which hath a right to be tryed by the law of peace . for so much as concerns my self and my part in this business , ( if i were worthy to have any thing spoken , or patiently heard in my behalf ) this might truly be said , that i made not this business but found it , it was in other mens hands long before it was brought to me , and when it came , i extended it not , but restrained it . for the propositions of letting in part of the kings army , or offering violence to the members oi this house , i ever disallowed and utterly rejected them . what it was that moved me to entertain discourse of this business so far as i did , i will tell you ingenuously , and that rather as a warning for others , than that it make any thing for my self ; it was only an impatience of the inconveniences of the present war , looking on things with a carnal eye , and not minding that which chiefly ( if not only ) ought to have been considered , the inestimable value of the cause you have in hand , the cause of god and of religion , and the necessities you are forced upon for the maintenance of the same ; as a just punishment for this neglect , it pleased god to desert and suffer me with a fatal blindness , to be led on , and ingaged in such councils as were wholly disproportioned to the rest of my life ; this ( sir ) my own conscience tells me was the cause of my failing , and not malice , or any ill habit of mind , or disposition toward the common-wealth , or to the parliament : for from whence should i have it ? if you look on my birth , you will not find it in my blood : i am of a stock which hath born you better fruit : if you look on my education , it hath been almost from my child-hood in this house , and among the best sort of men ; and for the whole practice of my life till this time , if another were to speak for me , he might reasonably say , that neither my actions out of parliament , nor in my expressions in it , have savoured of dis-affection or malice to the liberties of the people , or priviledges of parliament . thus sir , i have set before your eyes , both my person and my case , wherein i shall make no such defence by denying , or extenuating any thing , i have done , as ordinary delinquents do , my address to you , and all my plea shall only be such as children use to their parents , i have offended ; i confess it , i never did any thing like it before ; it is a passage unsuitable to the whole course of my life beside , and for the time to come , as god that can bring light out of darkness , hath made this business in the event useful to you , so also hath he to me : you have by it made an happy discovery of your enemies , and of my self , and the evil principles i walk'd by so that if you look either on what i have been heretofore , or what i now am , and by gods grace assisting me , shall always continue to be , you may perhaps think me fit to be an example of your compassion and clemency . sir , i shall no sooner leave you , but my life will depend on your breath , and not that alone , but the subsistence of some that are more innocent . i might therefore shew you my children , whom the rigour of your justice would make compleat orphans , being already motherless . i might shew you a family , wherein there are some unworthy to have their share in that mark of infamy which now threatens us : but something there is , which if i could shew you , would move you more than all this , it is my heart , which abhors what i have done , more , and is more severe to it self , than the severest judge can be . a heart ( mr. speaker ) so awakned by this affliction , and so intirely devoted to the cause you maintain , that i earnestly desire of god to incline to you , so to dispose of me , whether for life or for death , as may most conduce to the advancement thereof . sir , not to trouble you any longer , if i dye , i shall dye praying for you ; if i live , i shall live serving you , and render you back the use and imployment of all those days you shall add to my life . after this , having withdrawn himself , he was called in again , and ( being by the speaker required thereto ) gave them an exact account how he came first to the knowledge of this business , as also what lords were acquainted therewith , or had ingaged themselves therein . finis . the epitaph on mr. waller's monument in beconsfield church-yard in buckinghamshire : written by mr. rymer , late historiographer-royal . on the west-end . edmundi waller hic jacet id quantum morti cessit ; qui inter poetas sui temporis facile princeps , lauream , quam meruit adolescens , octogenarius haud abdicavit . huic debet patria lingua quod credas , si graecÈ latinÈque intermitterent , musae loqui amarent anglicÈ . on the south-side . heus , viator ! tumulatum vides edmundum waller qui tanti nominis poeta , et idem avitis opibus , inter primos spectabilis , musis se dedit , et patriae . nondum octodecenalis , inter ardua regni tractantes sedem habuit , À burgo de agmondesham missus . hic vitae cursus ; nec oneri defuit senex ; vixitque semper populo charus , principibus in deliciis , admirationi omnibus . hic conditur tumulo sub eodem rara virtute et multa prole nobilis uxor , maria ex bressyorum familia , cum edmundo waller , conjuge charissimo : quem ter et decies laetum fecit patrem , v filiis , filiabus viii ; quos mundo dedit , et in coelum rediit . on the east-end . edmundus waller cui hoc marmor sacrum est , coleshill nascendi locum habuit ; cantabrigiam studendi ; patrem robertum et ex hampdena stirpe matrem : coepit vivere iii o martii , a. d. mdcv. prima uxor anna edwardi banks filia unica haeres . ex prima bis pater factus ; ex secunda tredecies ; cui et duo lustra superstes , obiit xxi octob . a. d. mdc lxxxvii . on the north-side . hoc marmore edmundo waller mariaeque ex secundis nuptiis conjugi , pientissimis parentibus , piissimÈ parentavit edmundus filius . honores bene-merentibus extremos dedit quos ipse fugit . e l.w.i.f. h.g. ex testamento h. m. p. in jul. mdcc . a speech spoken by a worthy and learned gentleman, master thomas chadlicot, esquire: in the behalfe of the king and parliament, at bishops cannings in wiltshire; before one master blithe a minister of gods word, and master lewin a councellour at law. and now published for the publique good for the cure of the miserable distempers of this distracted kingdome. with the parliaments resolution concerning the kings most excellent majesty. chadlicot, thomas. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason e _ thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ] or :e [ ]) a speech spoken by a worthy and learned gentleman, master thomas chadlicot, esquire: in the behalfe of the king and parliament, at bishops cannings in wiltshire; before one master blithe a minister of gods word, and master lewin a councellour at law. and now published for the publique good for the cure of the miserable distempers of this distracted kingdome. with the parliaments resolution concerning the kings most excellent majesty. chadlicot, thomas. charles i, king of england, - . [ ] p. printed for tho. banks, london : august . . signatures: a⁴. reproduction of the original in the british library. eng speeches, addresses, etc., english -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ e _ ). civilwar no a speech spoken by a worthy and learned gentleman, master thomas chadlicot, esquire:: in the behalfe of the king and parliament, at bishops chadlicot, thomas. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the parliaments resolution concernings the kings most excellent maiesty . the lords and commons to witnesse their constant and unshaken loyalty and affection to his majesty ; doe solemnly declare , that if his majesty shall immediately disband all his forces ; and be pleased to abandon all those wicked counsels , and leave them to condigne punishment , and returne and harken to the wholesome advice of his great councell ; they will really endevour to make both his majesty and his posterity , as great , rich and potent ; as much beloved at home and feared abroad , as any prince that ever swayed this scepter ; which is their firme and constant resolution . ordered by the lords and commons in parliament , that this declaration be forthwith printed and published . hen. elsyng cler. parl. do. com. master grimston his worthy and learned speech: spoken in the high court of parliament. concerning troubles abroad, and greevances at home. shewing the inward symptoms and causes of all our feares and dangers. and what probability there is of reformation, in case due punishment be speedily executed on incendiaries, and chiefe causers of those distractions, that have opprest our church, and common-wealth. grimston, harbottle, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) master grimston his worthy and learned speech: spoken in the high court of parliament. concerning troubles abroad, and greevances at home. shewing the inward symptoms and causes of all our feares and dangers. and what probability there is of reformation, in case due punishment be speedily executed on incendiaries, and chiefe causers of those distractions, that have opprest our church, and common-wealth. grimston, harbottle, sir, - . [ ] p. printed for w.h., london : . the first "t" in distractions (line ) is inverted. reproduction of the original in the british library. eng speeches, addresses, etc., english -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no master grimston his worthy and learned speech: spoken in the high court of parliament.: concerning troubles abroad, and greevances at home. grimston, harbottle, sir b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion master grimston his worthy and learned speech : spoken in the high court of parliament . concerning trovbles abroad , and greevances at home . shewing the inward symptoms and causes of all our feares and dangers . and what probability there is of reformation , in case due punishment be speedily executed on incendiaries , and chiefe causers of those distractions , that have opprest our church , and common-wealth . london , printed for w. h. . master grimston his learned speech in parliament . mr speaker , there hath now a great and weighty busines bin presented to this house , & a letter hath bin read importing a dicesion of the kings naturall subjects . mr. speaker , this is a great case , and very worthy of the consideration and advisement of this great counsell ; but j am very much mistaken , if there be not a case here at home , of as great a danger as that now put to be abroad , the one stands without the doore ( for so dangers from thence , in all our histories , have ever bin termed : ) but the case that i would put , is a case of danger already upon our backs . and in those great cases of danger , which so much concerne the wellfare of the body politique we ought to doe in them like skillfull physitians that are not led in their judgments so much by the outward expressions of a disease , as by the inward symptomes , and causes of it . for it fares with a body politique , as it doth with a body naturall : it is impossible to cure an ulcerous body , unlesse you first cleanse the veines , and purge the body from those obstructions , and pestilentiall humours that overcharge nature , and being once done too , botches , blaines , and scabs , that grew upon the superficies and out-side of the body , dry up , shed , and fall away of themselves . mr. speaker , the danger that hath now bin presented to the house , it standeth at a far distance , & j wish heartily , that it were further off ; yet as it stands at a far distance , it is so much the lesse dangerous . but the case that j shall put , is a case of great danger here at home , domestique : & therefore so much the more dangerous , because it is home-bred , and runnes in the veines . and , mr. speaker , if the one shall appeare , to be of as great danger , as the other , j hope it will not bee thought unreasonable at this time , to put the one aswell as the other ; and the case that i would put , is this . the charter of our liberties called magna charta was granted unto us by king iohn , ; which was but a renovation and a restitution of the ancient lawes of this kingdome . this charter was afterwards in the succession of severall ages , confirmed unto us above thirty severall times , and in the third yeere of his majesties reigne that now is , we had no more then a bare confirmation of it . for we had an act declaratory past , and then to put it out of all question and dispute for the future , his majesty by his gtatious answere , soit droit comme est desire , invested it with the title of petition of right , master speaker . it may be some may object , parturiunt montes &c i promised to present the house with a case of very great danger here at home , but the mountain at last hath brought forth nothing but a mouse , that this case is not worthy the name of a case , and so not worthy the putting . and truly , for mine owne part , j should have bin of the same opinion ( had not some expositors , contrary to the lawes of god , and man , and reason , & j am sure contrary to the dictamen of their own consciences ) marred the text with their expositions , undermining the liberty of the subjects , with new invented subtile distinctions , and assuming to themselves a power ( i know not where they had it ) out of parliament , to supercede , annihilate and make voyd the lawes of this kingdome . what sad effects , these wayes and opinions have produced , i am confident , his majesty hath neither seene nor heard , as wee have felt them . and it is now his majesties goodnesse and piety , to give us leave to speake them , and to present them with our greevances , which are not few . mr. speaker , the common-wealth hath bin miserably torne and macerated , and all the proprieties , and liberties shaken : the church distracted , the gospell and professors of it persecuted , and the whole kingdome over-run with multitudes , and swarmes of projecting cater-wormes , and caterpillars , the worst of all the aegyptian plagues . then as the case now stands with us , i conceive there are two poinis very considerable . the first is , what hath bin done any way to impeach the liberty of the subject , contrary to the petition of right . the second is , who have bin the authors and causers of it . mr. speaker , the serious examination and decision of those two questions , doe highly concern his majesty in the point of honour , and his subjects in the point of interest : and all that i shall say to it is but the words that ezra did to king artaxerxes , to the setlement of that state : which at that time was as much out of frame and order ▪ as ours is at this present ; and which cured theirs , i hope will cure ours . his words were these . whosoever hath not done the law of god , and the law of the king , let judgment be speedily executed upon him , whether it be unto death , or unto banishment , or unto confication of goods , or to imprisonment . now , m. speaker , it may be some doe think this a strange text , and is 't possible ! some may thinke it as strange a case . as for the text , every man may reade it , that will . and for the case , i am afraid there are but few here , which doe not experimentally know it , to be as bad as i have put it : and how to mend a bad case , is part of the busines wee met about . his majesty hath graciously confirmed unto us , our great and ancient priviledge of freedome af speech : and having his kingly word for it , j shall rest confidently upon it , as the greatest security under heaven . and whilst j have the honour to have a place here , i shall with humility be bound to expresse my selfe as a free-man . the diseases and distempers that are now in our body politique , are growne to that height , that they pray for , and importune a cure . and his majesty out of his tender care , and affection to his people , like a nursing father , hath now freely offered himselfe to heare our prayers and complaints . mr. speaker , we cannot complaine that we want good lawes ; for the wit of man cannot invent better then are already made ; there want only some examples , that such as have beene the authors , and causets of all miseries , and distractions in church and common wealth , contrary to those good lawes which be like treakle to expell the poyson of mischiefe out of others , but my part is but ostendere portam , and rherefore having put the case , i must leave it to the judgement of this house , whether our dangers here at home be not as great and considerable ; as that which was even now presented . finis . a seasonable speech made to the lord maior and common councel of london, by mr. harvey, being accompanied thither with many citizens of qualitie. concerning the great distempers of the times. harvey, edmund, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a seasonable speech made to the lord maior and common councel of london, by mr. harvey, being accompanied thither with many citizens of qualitie. concerning the great distempers of the times. harvey, edmund, - . [ ], p. [s.n.], london : printed in the yeare . reproduction of the original in the british library. eng speeches, addresses, etc., english -- early works to . great britain -- politics and government -- - -- sources -- early works to . a r (thomason e _ ). civilwar no a seasonable speech made to the lord maior and common councel of london, by mr. harvey,: being accompanied thither with many citizens of qu harvey, edmund b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a seasonable speech made to the lord maior and common councel of london , by mr. harvey , being accompanied thither with many citizens of qualitie . concerning the great distempers of the times . london , printed in the yeare . my lord , wee are all come with one errand consisting of two parts ; first , a discharge of our duties , secondly , the endevour of our safety . the discharge of our dutie lyeth in acquainting your honour , and your worships , with the causes of our feares , perplexities and dangers , with which we are environed , which arise from divers particulars . my lord , lest any here should judge our feares to be groundlesse , and but fancies , give me leave to premise , that as his majestie is the head of this kingdome , and our prayer , with all loyall subjects , is , and ever shall bee , that his highnesse may long , and happily continue so to be : so the two eyes in the head , are the two houses of parliament , the house of lords , and house of commons . my lord , naturallists tell us , that although the act and office of both eyes be one and the same , yet each hath his particular and peculiar distribution of light and knowledge to the faculties , as appeares , in that the soule receiveth light and knowledge by one eye , when the other is fast shut , or wincketh . my lord , if one eye winck , yet the eye of the house of commons is wide open , it seeth cleerely , and by that eye only the commons of england , which are not starke blind , may receive knowledge of and discerne their dangers . my lord , the honourable house of commons unto all their actions lay the line of iudgement , and the plummet of prudence , and they have seene , and we by them , our dangers , at a distance , and in the approaches , with the many good provisions for our safety which that honourable assembly have resolved upon . as . first , that the kingdome should bee put into a warlike posture of defence . . that a navy of ships should be at sea , to surround our coasts , and to hinder the invasion of a forraigne enemy . . that the castles and cinqueports and other maritine ports should be repaired , & put into the custody of persons of honour & trust , deputed thereunto by the authority of the king , to them conveyed by an order of both houses of parliament : all which the house of cōmons would not have done upon fancies , they being most studious how to settle and compose , not to affright , charge , or distract , the people of this kingdome . . that sir iohn biron the now leivtenant of the tower is an unfit man to be cōmander of that cittadell which hath so great a command of this city . and surely , my lord , it appeareth by the merchants petition , that his being lievtenant much hindereth trade , for those merchants that formerly did mynt or put to coyning are now deterred , both from importing , or coining of bullion . my lord , we sensibly feele the smart of trades decay . who seeth not the whole fabrick of the city and kingdome , whose foundation is trade and commerce , much shaken , and , if not speedily repaired , like to bury it selfe in its owne ruine ? my lord , trade is like a clock , if one pinne or wheele be out of order , the whole stands still , or moves disorderly . and now my lord , give me the liberty of an oratour , although i bee none , to end , and close with the highest . my lord , the hous of cōmons have long since resolv'd , that considerable forces from england , and . men from scotland , should be sent for ireland , to relieve that poore gasping nation , against those bloody popish rebels , who most cruelly and barbarously butcher-like murder and make desolate that nation . the knowledge of all which resolutions by the house of commons hath beene communicated to the honourable house of lords ; but there all still dwels while ireland and we in it bleed on to death . my lord , give me leave to soare a littl● higher ; can any history relate so sad a story , as that a kingdome involved with others under one crowne , all holding one faith and profession in religion , was laid waste by an inconsiderable party , as are those bloudy rebels , compared with the strength that england and scotland might afford them : and the desolation not made all at once , but gradually , in three moneths space of time . persons slaine , . families undone , and utterly ruined , and an innumerable company that have tasted of lifes sweetnesse , meerely upon that consideration , turned to the popish partie , and none or no considerable forces to controll that bloody enemy dispatcht ? and yet all this may be truely predicated of england and scotland , in reference to ireland . and this day , my lord , newes is come from ireland , telling us that waterford , and the county of munster , is revolted . who is not secure may see cruelty upon the legs of fury comming in a iehu march towards us . if any be as fast asleep as was peter , let him awake , it 's now a time for peters prayer to be made use of , there is now no time for neutralitie or indifferency , it befits all to be positive , and let none think that if that flame which burneth ireland , an already sore scorcheth us , be not presently quenched , but that it will totally devoure us also . and now , my lord , we are come to the second part of our errand , namely to endeavour our safety , for which we fight with the all-ages-allowed weapons , our supplications , and in all humble manner pray your honour , and right worshipfull you the aldermen , and the rest of this assembly , to be pleased to joyne together , heartily , effectually , and speedily , to petition the honourable house of lords , that the kingdome may be put into a warlike posture of defence , and chiefly that to ireland may be sent speedy and sufficient aide , and that the fore-named , or what other resolution of the house of commons tending to englands safety or irelands succour , and lye obstructed in the house of lords , may be thence discharged , and have life given unto them by execution , and use , as may tend to the restauration and peace of the kingdomes . finis .