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Aristotles
Politiques
th
.
Hugo
Grotius
,
de
Jure
Bello
.
R.
Filmer
R.
R.
C.
Thomas
Axe
Atque
ita
totus
actus
concluditur
Edw.
Coke
Hen.
7.
c.
4.
H.
Grotius
A
Question
never
yet
Disputed
,
though
most
necessary
in
these
Times
.
Common
Councel
Common
Councel
at
Westmin
Common
Councel
Supream
Court
of
Judicature
Legislative
Power
Prelates
,
Great
men
Common
Councel
to
give
Obedience
Nicholas
Segrave
Edw.
Coke
their
Consent
was
only
to
such
things
as
were
ordained
by
the
Common
Councel
of
the
Realm
.
viz.
to
consent
to
such
things
as
were
ordained
by
the
Common
Councel
of
the
Kingdom
.
Edw.
Coke
Procuratores
Cleri
,
have
many
times
appeared
in
Parliament
,
Spiritual
Assistants
,
to
Consider
,
Consult
,
and
to
Consent
the
Clergy
oft
appeared
in
Parliament
Clerical
Exemptions
Common
Councel
Common
Councel
Common
Councel
of
the
Kingdom
Barons
of
were
the
Common
Councel
of
the
Kingdom
.
in
the
time
of
the
English
Saxons
,
and
in
the
ensuing
Age
,
a
Parliament
was
called
Commune
Concilium
,
Praesentia
Regis
,
Praelatorum
,
Procerumque
collectorum
,
After
King
was
King
;
by
the
Councel
of
the
Barons
of
he
revived
a
Law
which
had
lain
asleep
three
score
&
seven
years
:
and
this
Law
was
called
the
Law
of
St.
the
King
.
I
restore
you
the
Laws
of
King
the
Confessor
,
with
those
amendments
wherewith
my
Father
amended
them
by
the
Councel
of
his
Barons
.
Earls
and
Barons
Pinenden
Heath
in
the
Cause
between
the
Arch-bishop
of
Earl
of
all
the
Bishops
of
the
Land
,
Earls
and
Barons
,
made
an
Ordinance
touching
the
Exemption
of
the
Abby
of
from
the
Bishops
of
quosque
regni
Proceres
:
All
the
Peers
of
the
Kingdom
.
called
thither
,
by
the
Command
of
his
Writ
,
the
Bishops
,
Abbots
,
and
all
the
Peers
of
the
Kingdom
.
Per
Commune
Concilium
Baronum
meorum
Florentius
Wigorniensis
assent
of
his
Barons
ordained
His
Barons
Spiritual
and
Temporal
Prelates
and
Peers
Common
Councel
Arch-bishops
,
Bishops
,
Earls
and
Barons
,
the
Kingdom
was
divided
into
six
parts
.
Windsor
(
apud
Windeshores
)
Communi
Concilio
Bishops
,
Earls
,
and
Barons
,
divided
into
four
Parts
Bishops
,
Earls
Bishops
,
Earls
Gerard
de
Canvil
Hugh
Bardolph
Hugh
de
Novant
Nobles
of
the
Realm
He
and
his
Great
men
met
,
Commune
Concilium
Baronum
Meorum
Nobles
granted
to
the
King
,
of
every
Knights
Fee
,
two
Marks
in
Silver
.
Assembly
of
Barons
Nobles
,
both
Spiritual
and
Temporal
.
M.
Par.
Merton
,
Our
Lord
the
King
granted
,
by
the
Consent
of
his
Great
men
,
That
hereafter
Vsury
should
not
run
against
a
Ward
from
the
Death
of
his
Ancestor
.
Royal
Writs
,
commanding
all
belonging
to
His
Kingdom
,
Arch-bishops
,
Bishops
,
Abbots
,
and
Priors
installed
,
Earls
and
Barons
,
that
they
should
all
meet
at
to
treat
of
the
King's
Business
touching
the
whole
Kingdom
:
whole
multitude
of
the
Nobles
of
the
Kingdom
met
at
Matt.
Westminster
At
the
Request
,
and
by
the
Councel
of
the
Lords
,
the
Charters
were
confirmed
.
Winchester
,
the
King
sent
his
Royal
Writs
to
Arch-bishops
,
Bishops
,
Priors
,
Earls
and
Barons
,
to
treat
of
Business
concerning
the
whole
Kingdom
.
The
King
commanded
all
the
Nobility
of
the
whole
Kingdom
to
be
called
to
treat
of
the
State
of
His
Kingdom
.
Peers
of
the
Kingdom
by
the
Assent
of
Earls
and
Barons
.
The
King
hath
a
Superiour
,
God
;
also
the
Law
by
which
he
is
made
King
;
also
his
Court
,
the
Earls
and
Barons
Earls
and
Barons
Earls
and
Barons
Law
and
Court
of
Earls
and
Barons
King
hath
no
Superiour
but
God
:
the
King
is
free
from
the
Coactive
Power
of
Laws
or
Counsellors
:
may
be
subject
to
their
Directive
Power
,
Rot.
Parliament
Judgment
in
Parliament
belongs
to
the
King
and
Lords
.
Common
Councel
of
the
Kingdom
Edw.
Coke
By
the
Laws
and
Ordinances
of
ancient
Kings
,
and
especially
of
King
it
appeareth
,
that
the
first
Kings
of
this
Realm
had
all
the
Lands
of
in
Demean
les
grand
Manors
and
Royalties
they
reserved
to
themselves
,
and
of
the
remnant
they
,
for
the
Defence
of
the
Realm
,
enfeoffed
the
Barons
of
the
Realm
with
such
Jurisdiction
as
the
Court-Baron
now
hath
.
first
Kings
had
all
the
Lands
of
in
Demean
Edw.
Coke
in
the
ancient
Laws
,
under
the
name
of
were
comprised
all
the
Nobility
Common
Councel
Commons
are
assigned
Councellors
to
the
King
by
the
People
Treachery
&
Disloyalty
,
&c.
Edward
the
Confessor
The
King
by
his
Oaths
was
to
do
Justice
by
the
Councel
of
the
Nobles
of
his
Realm
.
Earls
and
Barons
in
Parliament
are
above
the
King
,
and
ought
to
bridle
him
,
when
he
exorbitates
from
the
Laws
.
Peers
&
Prelates
have
oft
translated
the
Crown
from
the
right
Heir
,
Electing
and
Crowning
who
was
illegitimate
;
and
putting
by
the
right
Heir
,
after
Electing
and
Crowning
a
meer
Foreigner
,
in
opposition
to
the
right
Heir
to
King
both
elected
Kings
successively
without
title
the
right
Heirs
being
dispossessed
The
English
Nobility
,
upon
the
Death
of
enacted
,
that
none
of
the
bloud
should
any
more
reign
over
them
.
who
had
best
Title
,
was
rejected
;
and
elected
and
crowned
King
.
Peers
and
Nobles
of
the
Land
,
seeing
themselves
contemned
,
entreated
the
King
to
manage
the
Affairs
of
the
Kingdom
by
the
Councel
of
his
Barons
.
He
gave
his
Assent
,
and
sware
to
ratifie
what
the
Nobles
ordained
He
would
thenceforward
order
all
the
Affairs
of
the
Kingdom
by
the
Councel
of
his
Clergy
and
Lords
.
finding
the
greatest
part
of
the
Nobles
against
him
,
sware
to
that
if
they
would
choose
him
for
King
,
he
would
abrogate
their
over-hard
Laws
.
Henry
by
the
Grace
of
God
,
of
Know
ye
,
That
by
the
Mercy
of
God
and
Common
Councel
of
the
Barons
of
the
Kingdom
,
I
am
Crowned
King
.
the
Empress
,
the
right
Heir
,
was
put-by
the
Crown
,
by
the
Prelates
and
Barons
,
and
Earl
of
who
had
no
good
Title
,
assembling
the
Bishop
and
Peers
,
promising
the
amendment
of
the
Laws
according
to
all
their
Pleasures
and
Liking
,
was
by
them
all
proclaimed
King
.
Crowned
King
by
the
Barons
,
instead
of
King
Common
Councel
,
or
Parliament
of
Common
Councel
every
Baron
in
Parliament
doth
represent
his
own
Person
,
and
speaketh
in
behalf
of
himself
alone
in
the
Knights
,
Citizens
,
and
Burgesses
,
are
represented
the
Commons
of
the
whole
Realm
:
every
one
of
the
Commons
hath
a
greater
voice
in
Parliament
than
the
greatest
Earl
in
before
his
time
only
certain
of
the
Nobility
were
called
to
Consultation
about
the
most
important
affairs
of
the
State
:
He
caused
the
Commons
also
to
be
assembled
by
Knights
,
Citizens
,
and
Burgesses
of
their
own
Appointment
:
Walter
Raleigh
it
is
held
that
the
Kings
of
had
no
formal
Parliaments
till
about
the
th
year
of
King
For
in
his
Third
year
,
for
the
Marriage
of
his
Daughter
,
the
King
raised
a
Tax
upon
every
Hide
of
Land
,
by
the
Advice
of
his
Privy
Councel
alone
.
soon
after
this
Parliament
was
established
,
began
to
stand
upon
Terms
with
their
King
,
and
drew
from
him
by
strong
hand
,
and
their
Swords
,
their
it
was
after
the
establishment
of
the
Parliament
,
by
colour
of
it
,
that
they
had
so
great
Daring
.
Walter
Raleigh
Grand
Charter
was
not
originally
granted
Regally
and
freely
,
for
King
did
but
usurp
the
Kingdom
,
and
therefore
the
better
to
secure
himself
against
his
elder
Brother
,
he
flattered
the
People
with
those
Charters
:
yea
,
King
that
confirmed
them
,
had
the
like
Respect
:
for
D.
of
was
the
undoubted
Heir
of
the
Crown
,
upon
whom
usurped
:
so
these
Charters
had
their
original
from
Kings
,
but
not
the
Great
Charter
had
first
an
obscure
Birth
by
Vsurpation
,
&
was
fostered
,
and
shewed
to
the
World
by
Rebellion
:
Common
Councel
The
Privilege
and
Practice
of
Parliaments
,
In
ancient
times
,
after
the
King
had
summoned
His
Parliament
,
innumerable
multitudes
of
People
did
make
their
Access
thereunto
,
pretending
that
Privilege
of
Right
to
belong
to
them
.
But
King
having
Experience
of
the
Mischief
,
and
inconveniences
by
occasion
of
such
popular
Confusion
,
did
take
order
that
none
might
come
to
His
Parliament
but
those
who
were
specially
summoned
.
Selden
,
that
the
first
Writs
we
find
accompanied
with
other
Circumstances
of
a
Summons
to
Parliament
,
as
well
for
the
Commons
as
Lords
,
is
in
the
of
Hen.
out
of
a
great
Multitude
which
were
seditious
and
turbulent
,
called
the
very
best
by
Writ
or
Summons
to
Parliament
;
for
he
,
after
many
Troubles
and
Vexations
between
the
King
himself
,
and
with
other
Barons
;
and
after
appeased
:
did
decree
and
ordain
,
That
all
those
Earls
and
Barons
unto
whom
the
King
himself
vouchsafed
to
direct
His
Writs
of
Summons
should
come
to
his
Parliament
,
and
no
others
:
but
that
which
he
began
a
little
before
his
Death
,
and
his
Successors
constantly
observed
and
continued
.
The
said
prudent
King
summoned
always
those
of
ancient
Families
,
that
were
most
wise
,
to
His
Parliament
;
and
omitted
their
Sons
after
their
Death
,
if
they
were
not
answerable
to
their
Parents
in
Vnderstanding
.
select
men
for
Wisdom
and
Worth
among
the
Gentry
were
called
to
Parliament
,
and
their
Posterity
omitted
,
if
they
were
defective
therein
.
The
King
Willeth
and
Commandeth
all
Persons
which
shall
have
Summons
to
come
to
Parliament
:
and
every
Person
that
doth
absent
himself
(
except
he
may
reasonably
and
honestly
excuse
him
to
shall
be
amerced
,
and
otherwise
punished
.
at
the
grievous
complaint
of
his
Commons
,
of
the
undue
Election
of
the
Knights
of
Counties
,
sometimes
made
of
affection
of
Sheriffs
,
and
otherwise
against
the
Form
of
the
Writs
,
to
the
great
slander
of
the
Counties
,
&c.
willing
therein
to
provide
Remedy
,
by
the
Assent
of
the
Lords
and
Commons
,
That
Election
shall
be
made
in
the
full
County-Court
,
and
that
all
that
be
there
present
,
as
well-Suitors
as
others
,
shall
proceed
to
the
Election
freely
,
notwithstanding
any
Request
,
or
Command
to
the
contrary
.
Ordained
,
that
a
Sheriff
that
maketh
an
undue
Return
,
&c.
shall
incur
the
Penalty
of
a
to
be
paid
to
by
the
Advice
and
Assent
of
the
Lords
,
and
the
special
Instance
and
Request
of
the
Commons
,
that
the
Knights
of
the
Shire
be
not
chosen
,
unless
they
be
resiant
within
the
Shire
the
day
of
the
date
of
the
Writ
:
and
that
Citizens
and
Burgesses
be
resiant
,
dwelling
,
and
free
in
the
same
Cities
and
Burroughs
,
and
no
others
,
in
any
wise
.
willing
to
provide
remedy
for
Knights
chosen
for
Parliament
,
and
Sheriffs
,
that
they
shall
have
their
Answer
,
and
traverse
to
Inquest
of
Office
found
against
them
.
Where
as
Elections
of
Knights
have
been
made
by
great
Out-rages
,
and
excessive
number
of
People
,
of
which
most
part
was
of
People
of
no
value
,
whereof
every
of
them
pretend
a
Voice
equivalent
to
Wortby
Knights
and
Esquires
,
whereby
Man-slaughters
,
Riots
,
and
Divisions
among
Gentlemen
shall
likely
be
:
That
Knights
of
Shires
be
chosen
by
People
dwelling
in
the
Counties
,
every
of
them
having
Lands
or
Tenements
to
the
value
of
the
year
at
the
least
,
and
that
he
that
shall
be
chosen
,
shall
be
dwelling
and
resiant
within
the
Counties
.
that
Knights
be
chosen
by
People
dwelling
,
and
having
by
the
year
within
the
same
County
.
willing
to
provide
for
the
Ease
of
them
that
come
to
the
Parliaments
and
Councels
of
the
King
by
his
commandment
,
that
if
any
Assault
or
Fray
be
made
on
them
that
come
to
Parliament
,
or
other
Councel
of
the
King
;
the
Party
which
made
any
such
Affray
or
Assault
,
shall
pay
double
Damages
,
and
make
Fine
and
Ransom
at
the
Kings
Will
.
considering
the
Statutes
of
and
the
Defaults
of
Sheriffs
in
returning
Knights
,
Citizens
,
and
Burgesses
,
That
the
said
Statutes
should
be
duly
kept
.
That
the
Sheriffs
shall
deliver
Precepts
to
Mayors
and
Bailiffs
to
chuse
Citizens
and
Burgesses
.
The
Penalty
of
for
a
Sheriff
making
an
untrue
Return
concerning
the
election
of
Knights
,
Citizens
and
Burgesses
.
The
Penalty
of
for
Mayors
or
Bailiffs
,
making
untrue
Returns
.
Due
Election
of
Knights
must
be
in
the
full
County-Court
,
between
the
Hours
of
Eight
and
Eleven
before
noon
.
The
Party
must
begin
his
Suit
within
Moneths
after
the
Parliament
began
Knights
of
the
Shire
shall
be
notable
Knights
of
the
County
,
or
such
notable
Esquires
,
or
Gentlemen
born
,
of
the
said
Counties
,
as
shall
be
able
to
be
Knights
,
and
no
man
to
be
such
Knight
which
standeth
in
the
Degree
of
a
Yeoman
,
and
under
.
All
the
Merchants
of
were
summoned
by
Writ
to
appear
at
in
proper
Person
,
to
confer
upon
great
business
concerning
the
King's
Honour
,
the
Salvation
of
the
Realm
,
and
of
themselves
.
it
is
observable
Rob.
Cotton
)
that
in
ancient
times
the
Kings
of
did
entertain
the
Commons
with
weighty
Causes
,
thereby
to
apt
and
bind
them
to
a
readiness
of
Charge
;
and
the
Commons
to
shun
Expence
have
warily
avoided
to
give
Advice
.
Not
to
be
charged
to
Councel
of
things
of
which
they
had
no
Cognisance
;
de
queux
ils
n'
ont
pas
de
Cognisance
.
the
Kings
Pleasure
was
Humbly
desire
of
the
King
that
he
would
be
advised
therein
by
the
Lords
and
others
of
more
Experience
than
themselves
in
such
Affairs
.
Thomas
Puckering
Councels
for
War
did
aptly
belong
to
the
King
and
His
Lords
they
humbly
wished
a
Voyage
by
the
King
.
they
modestly
excuse
themselves
,
as
too
weak
to
Counsel
in
so
weighty
Causes
.
rather
for
Peace
than
War
.
Edw.
Coke
the
High
Court
of
Parliament
consisteth
of
the
Kings
Majesty
sitting
there
,
and
of
the
three
Estates
The
Lords
Spiritual
The
Lords
Temporal
And
the
Commons
High
Court
of
Parliament
Parliament
be
above
the
King
Pryn
,
pag.
Caput
,
Principium
,
&
Finis
Parliamentor
Edw.
Coke
Edw.
Coke
certain
it
is
,
both
Houses
at
first
sate
togther
,
and
that
it
appears
in
the
Third's
time
,
the
Lords
and
Commons
sate
together
,
and
the
Commons
had
no
continual
Speaker
.
Great
Councel
bouche
a
Court
The
Commons
are
to
chuse
their
Speaker
,
but
seeing
after
their
Choice
the
King
may
refuse
him
,
the
Vse
is
(
as
in
the
of
a
Bishop
)
that
the
King
doth
name
a
Discreet
,
Learned
man
,
whom
the
Commons
Elect
:
when
the
Commons
have
chosen
,
the
King
may
allow
of
his
Excuse
,
and
Disallow
him
,
as
Sir
the
first
day
of
the
Parliament
four
Justices
assistants
,
and
two
Civilians
,
(
Masters
of
the
Chancery
)
are
appointed
Receivers
of
Petitions
,
which
are
to
be
delivered
within
six
days
following
:
and
six
of
the
Nobility
,
and
two
Bishops
,
calling
to
them
the
Kings
Learned
Councel
,
when
need
should
be
,
to
be
Tryers
of
the
said
Petitions
,
whether
they
were
reasonable
,
good
,
and
necessary
to
be
offered
and
propounded
to
the
Lords
.
a
Knight
,
Citizen
,
or
Burgess
,
cannot
make
a
Proxy
,
because
he
is
Elected
,
and
Trusted
by
multitudes
of
People
:
a
Committee
Trusted
to
act
any
thing
the
High
Power
of
Parliament
to
be
committed
to
a
few
,
is
holden
to
be
against
the
Dignity
of
Parliaments
;
and
that
no
such
Commission
ought
to
be
granted
.
The
King
cannot
take
notice
of
any
thing
said
,
or
done
in
the
House
of
Commons
,
but
by
the
Report
of
the
House
.
the
old
Vsage
was
,
that
all
the
Degrees
of
Parliament
sate
together
,
and
every
man
that
had
there
to
speak
,
did
it
openly
,
before
the
King
and
his
whole
Parliament
.
Henry
Knivet
It
should
be
a
thing
answerable
at
the
Bar
for
any
man
to
report
any
thing
of
Speeches
,
or
Matters
done
in
the
House
.
Sir
liked
the
Motion
of
Secrecy
;
except
only
the
Queen
,
from
whom
,
there
is
no
reason
to
keep
any
thing
:
did
allow
,
that
the
Councel
of
the
House
should
be
secretly
kept
,
and
nothing
reported
But
,
if
the
meaning
be
,
that
they
might
not
report
any
thing
done
here
to
the
Queen
,
he
was
altogether
against
it
.
an
Inditement
or
Information
in
the
Kings
Bench
against
of
the
Commons
,
for
departing
without
Licence
from
Parliament
,
contrary
to
the
Kings
Inhibition
:
whereof
six
submitted
to
their
Fines
,
and
pleaded
,
he
remained
continually
from
the
beginning
to
the
end
of
the
Parliament
:
the
House
of
Lords
in
their
House
have
Power
of
Judicature
,
and
the
Commons
in
their
House
:
and
both
Houses
together
.
Nicholas
de
Segrave
per
Praelatos
,
Comites
,
&
Barones
,
&
alios
de
Concilio
,
Others
of
the
Councel
Nicholas
de
Segrave
Of
later
times
,
see
divers
notable
Judgments
at
the
Prosecution
of
the
Commons
,
by
the
Lords
:
general
Inquisitors
Grand
Inquest
of
the
Kingdom
Judicature
in
the
House
of
Commons
alone
Tho.
Long
,
who
gave
the
Mayor
of
to
be
elected
Burgess
The
House
of
Commons
(
to
many
Purposes
)
a
distinct
Court
:
Not
a
,
the
House
of
Commons
to
many
Purposes
,
a
distinct
Court
:
it
uses
to
adjourn
it self
Freedom
from
Arrests
Treason
,
Felony
the
Peace
CHARLES
by
the
Grace
of
God
,
&c.
W.
&c.
Westm
'
you
must
no
way
omit
Give
Counsel
consultive
Power
to
Treat
,
and
give
Counsel
in
difficult
Businesses
:
Kings
Person
in
his
absence
Kings
Presence
By
the
King
in
his
Privy
Councel
.
He
may
have
Conference
and
treat
with
them
:
Robert
Cotton
towards
the
end
of
the
Saxons
,
and
the
first
times
of
the
Norman
Kings
,
Parliaments
stood
in
Custom-grace
fixed
to
Easter
,
Whitsuntide
,
and
Christmas
;
and
that
at
the
Kings
Court
,
or
Palace
,
Parliaments
sate
in
the
Presence
,
or
Privy
Chamber
:
an
Improbability
to
believe
the
King
excluded
His
own
Presence
;
and
unmannerly
for
Guests
to
bar
him
their
Company
who
gave
them
their
Entertainment
.
Richard
Scroop
J.
Lord
Gomeniz
William
Weston
Robert
Cotton
that
in
the
Consultations
of
State
,
and
Decisions
of
private
Plaints
,
it
is
clear
from
all
times
,
the
King
was
not
only
present
to
advise
,
but
to
determine
also
.
His
great
Councel
of
Prelates
and
Peers
.
The
King
only
and
none
but
He
,
if
he
were
able
,
should
judge
all
Causes
Kings
Will
Edward
the
Confessor
Thou
Traytor
I
do
appeal
thee
of
the
Death
of
my
Brother
whom
thou
hast
most
Trayterously
slain
My
Lord
the
King
,
may
it
please
your
Grace
,
I
neither
betrayed
nor
killed
your
Brother
,
whereof
I
put
my self
upon
the
Judgment
of
your
Court
:
You
noble
Lords
,
Earls
,
and
Barons
of
the
Land
,
who
are
my
Liege
men
now
gathered
here
together
,
and
have
heard
my
Appeal
,
and
that
in
this
Appeal
between
us
,
ye
decree
right
Judgment
,
and
do
true
Justice
.
Leofric
Consul
of
Chester
He
and
his
Son
,
and
all
we
twelve
Earls
who
are
his
Friends
and
Kinsmen
,
do
go
humbly
before
the
King
,
laden
with
so
much
Gold
and
Silver
as
each
of
us
can
carry
in
our
Arms
,
offering
him
That
for
his
Offence
,
and
humbly
praying
for
Pardon
;
And
he
will
pardon
the
Earl
,
and
taking
his
Homage
and
Fealty
,
will
restore
him
all
his
Lands
.
The
King
not
willing
to
contradict
,
did
ratifie
all
that
they
had
judged
.
The
King
,
consulting
with
his
Bishops
,
Earls
,
and
Barons
determined
it
Council
of
the
Kingdom
,
and
Will
of
the
King
:
Concilio
Regni
,
&
Voluntate
Regis
.
William
de
Weston
Our
Lord
the
King
Allen
Bruxal
,
was
commanded
safely
to
keep
the
said
until
he
had
other
Commandment
from
our
Lord
the
King
.
John
Lord
of
Gomentz
He
should
be
beheaded
,
and
for
that
our
Lord
the
King
was
not
informed
of
the
manner
of
the
Judgment
,
the
Execution
thereof
shall
be
respited
until
our
Lord
the
King
shall
be
informed
.
Constable
of
the
Tower
,
safely
to
keep
the
said
until
he
hath
other
commandment
from
our
Lord
the
King
.
Hen.
Spencer
The
Cognisance
and
Punishment
of
his
Offence
did
,
of
common
Right
,
and
ancient
Custom
of
the
Realm
of
solely
and
wholly
belong
to
our
Lord
the
King
,
and
no
other
:
Le
Cognisance
&
Punissement
de
commune
droit
&
auntienne
custome
de
Royalme
de
seul
&
per
tout
apperteine
au
Roy
nostre
Seignieur
,
&
a
nul
autre
.
de
la
Ware
that
he
should
have
place
next
after
the
Lord
Lord
Keeper
was
required
to
acquaint
her
Majesty
with
the
Determination
of
the
Peers
,
and
to
know
her
Pleasure
concerning
the
same
.
Chamber
of
Peers
grace
of
the
Prince
Supreme
Court
in
Infinitum
Legislative
Power
Arbitrary
Power
Where
this
Power
Legislative
remains
Legislative
Power
King
Himself
Laws
are
made
by
Authority
of
Parliament
,
That
the
King
Ordains
,
the
Lords
Advise
,
the
Commons
Consent
,
Henry
by
the
Grace
of
God
,
Know
ye
,
that
Charta
de
Foresta
de
Scaccario
Bailiffs
,
Sheriffs
,
and
other
Officers
,
&c.
&c.
and
again
the
Treasurer
and
Barons
of
the
Exchequer
upon
their
Allegiance
.
these
Acts
,
Ordinances
,
and
Statutes
,
which
to
be
observed
of
all
his
Subjects
,
high
and
low
.
These
are
the
none
do
Hurt
,
Damage
,
or
Grievance
to
any
Religious
Man
,
or
Person
of
the
Church
:
none
do
Ravish
or
take
away
by
Force
,
any
Maid
within
Age.
Our
Sovereign
Lord
the
King
hath
established
these
Acts
,
commanding
they
be
observed
within
his
Realm
:
The
King
of
his
special
Grace
granteth
,
that
the
City
of
shall
recover
in
an
Assise
,
Damage
with
the
Land
.
The
Stat.
that
the
Will
of
the
Giver
be
observed
:
a
Woman
after
the
death
of
her
Husband
shall
recover
by
a
Writ
of
Entry
.
at
his
Parliament
,
of
his
special
Grace
,
and
for
Affection
which
he
beareth
to
his
Prelates
,
Earls
,
and
Barons
,
and
others
,
hath
granted
,
that
they
that
have
Liberties
by
Prescription
shall
enjoy
them
.
Stat.
de
finibus
Levatis
We
intending
to
provide
Remedy
in
our
Parliament
,
have
ordained
,
&c.
that
the
Chancellor
,
and
the
Justices
of
the
Bench
shall
follow
Him
,
so
that
he
may
have
at
all
times
some
near
unto
him
that
be
learned
in
the
Laws
:
after
full
Conference
and
Debate
had
with
his
Earls
,
Barons
,
Nobles
,
and
other
Great
men
,
by
their
whole
Consent
,
de
Tallagio
No
Officer
of
Ours
;
No
Tallage
shall
be
taken
by
King
,
saith
by
the
Assent
of
the
Prelates
,
Earls
,
and
other
great
States
,
It
is
provided
by
our
Lord
the
King
and
his
Justices
.
We
have
sent
our
Command
in
writing
firmly
to
be
observed
.
at
his
Parliament
at
the
request
of
the
Commonalty
by
their
Petition
before
him
,
and
his
Councel
in
Parliament
,
hath
granted
,
&c.
that
no
man
be
charged
to
arm
himself
otherwise
than
he
was
wont
.
Our
Lord
the
King
,
at
the
Request
of
his
People
,
hath
established
these
things
,
which
Our
Lord
the
King
by
the
Assent
,
&c.
and
by
the
Advice
of
his
Councel
being
there
,
hath
ordained
,
&c.
hath
received
by
the
Complaint
of
the
Prelates
,
Earls
,
Barons
;
also
at
the
shewing
of
the
Knights
of
the
Shires
,
and
his
Commons
by
their
Petition
put
in
his
Parliament
,
&c.
by
the
Assent
,
&c.
at
the
Request
of
the
said
Knights
and
Commons
,
&c.
these
be
our
Articles
accorded
by
Our
Lord
the
King
,
with
the
Assent
,
&c.
at
the
Request
of
the
Knights
of
the
Shires
,
and
the
Commons
by
their
Petition
put
in
the
said
Parliament
.
the
Assent
of
the
Peers
and
Commons
;
and
not
the
Peers
and
Commons
.
Stat.
of
by
the
Assent
of
the
Prelates
,
Dukes
,
Earls
and
Barons
,
and
at
the
Instance
and
special
Request
of
the
Commons
,
Supplient
les
Commons
que
come
un
estatute
fuit
fait
,
&c.
The
Commons
beseech
,
that
whereas
a
Statute
was
made
in
the
last
Parliament
,
&c.
which
was
never
Assented
to
,
or
Granted
by
the
Commons
,
but
that
which
was
done
therein
was
done
without
their
Assent
,
The
Commons
desire
,
some
pursuing
to
make
a
Law
which
they
conceive
hurtful
to
the
Commonwealth
;
that
His
Majesty
will
not
pass
it
.
and
Rich.
by
the
Advice
and
Assent
of
his
Lords
,
and
at
the
special
Instance
and
Request
of
the
Commons
,
by
the
Assent
of
the
Lords
Spiritual
and
Temporal
,
and
the
Commons
in
Parliament
Assembled
,
and
by
the
Authority
of
the
same
Commons
very
often
petitioning
,
but
not
petitioned
unto
.
To
the
in
this
present
Parliament
Assembled
:
Sheweth
to
your
Discreet
Wisdoms
,
the
Wardens
of
the
Fellowship
of
the
Craft
of
Vpholsters
within
London
,
Therefore
it
may
please
the
Kings
Highness
,
by
the
Advice
of
the
Lords
Spiritual
and
Temporal
,
and
his
Commons
in
Parliament
,
Acts
made
in
Parliament
At
the
Parliament
were
Enacted
Consent
of
Lords
and
Commons
It
is
Enacted
by
the
King
,
with
the
Assent
of
the
Lords
and
Commons
Be
it
Enacted
by
Authority
of
Parliament
:
Be
it
Enacted
by
the
King
,
the
Lords
Spiritual
and
Temporal
,
and
Commons
That
Sheriffs
,
Coroners
,
and
Bayliffs
,
for
concealing
of
Felonies
shall
make
grievous
That
such
as
be
found
culpable
of
Ravishing
of
Women
,
shall
The
penalty
for
detaining
a
Prisoner
that
is
mainpernable
,
is
a
or
a
grievous
Amercement
to
the
King
he
that
shall
take
Reward
for
deliverance
of
such
,
shall
be
at
the
Offenders
in
Parks
or
Ponds
shall
make
Committers
of
Champerty
,
and
Extortioners
are
to
be
Purveyors
,
not
paying
for
what
they
take
,
shall
be
the
Sheriff
,
and
him
that
doth
maintain
Quarrels
.
The
King
shall
grant
Attaint
in
Plea
of
Land
where
it
shall
seem
to
him
necessary
.
Whereas
of
late
,
before
certain
Persons
deputed
to
treat
upon
Debates
between
Vs
and
certain
Great
Men
,
it
was
accorded
,
that
in
our
next
Parliament
Provision
shall
be
made
by
Vs
,
and
the
common
Assent
of
the
Prelates
,
Earls
,
and
Barons
,
that
in
all
Parliaments
for
ever
,
every
man
shall
come
without
Force
and
Armour
.
And
now
in
our
next
Parliament
the
Prelates
,
Earls
,
Barons
,
and
Commonalty
have
said
,
That
to
Takers
away
of
Nuns
from
religious
Houses
,
If
by
the
Default
of
the
Lord
that
will
not
avoid
the
Dike
,
Vnderwoods
,
and
Bushes
in
High-ways
,
Murder
be
done
,
the
Lord
shall
make
If
a
Gold-Smith
be
attainted
for
not
Assaying
,
Touching
,
and
Working
Vessels
of
Gold
,
he
shall
be
The
Commons
desire
they
may
have
Answer
of
their
Petitions
before
the
Gift
of
any
Subsidy
;
to
which
the
King
answers
,
He
would
confer
with
the
Lords
,
and
do
what
should
be
best
according
to
their
Advice
;
and
the
last
day
of
Parliament
He
gave
this
Answer
,
That
that
they
should
have
any
Answer
of
their
Petitions
,
or
Knowledge
of
it
before
they
have
shewed
,
and
finished
all
their
other
Business
of
Parliament
,
be
it
of
any
Grant
,
Business
,
or
otherwise
,
and
therefore
the
Whereas
one
did
beat
and
maim
one
Esquire
,
Menial
Servant
to
Knight
of
the
Shire
for
shall
make
POTEST
AS
PRINCIPIS
NON
EST
INCLVS
A
LEGIBVS
,
the
Power
of
the
Prince
is
not
included
in
the
Laws
.
Restitution
in
Blood
,
and
Lands
of
by
the
King
,
by
the
Assent
of
the
Lords
Spiritual
,
and
Commons
;
omitting
the
Lords
Temporal
.
it
is
the
Kings
Regality
to
grant
or
deny
such
of
their
Petitions
as
pleaseth
himself
.
An
Ordinance
was
made
for
to
endure
Christopher
Wray
He
wished
not
the
making
of
many
Laws
;
since
the
more
we
make
,
the
less
liberty
we
have
our selves
;
Her
Majesty
not
being
bound
by
them
.
Edward
Coke
All
Acts
of
Parliament
were
in
form
of
Petitions
:
Jo.
Glanvil
The
Lords
and
Speaker
,
either
by
Words
or
Writing
,
preferr'd
their
Petition
to
the
King
;
this
then
was
called
the
Bill
of
Commons
,
which
being
received
by
the
King
,
part
He
received
,
part
He
put
out
,
and
part
He
ratified
;
for
as
it
came
from
Him
,
it
was
drawn
into
a
Law
.
Provisions
,
Ordinances
Statute
of
Ireland
Letter
of
the
King
to
Son
of
of
Ireland
The
Explanations
of
the
Statute
of
made
by
the
King
and
His
Justices
only
,
they
should
do
and
execute
all
and
every
thing
contained
in
it
,
though
the
same
do
not
accord
with
the
Stat.
of
in
all
things
Kings
especial
Privy
Councel
Common
Councel
These
are
the
Acts
of
King
made
at
His
first
Parliament
by
and
by
the
Assent
of
Bishops
,
Abbots
,
Priors
,
Earls
,
Barons
,
and
all
the
Commonalty
of
the
Realm
.
Acton
Burnell
The
King
for
himself
,
and
by
His
Councel
,
hath
Ordained
and
Established
.
In
articulis
super
Chartas
do
not
intend
by
reason
of
this
Statute
to
diminish
the
Kings
Right
.
At
the
Parliament
of
our
Sovereign
Lord
the
King
,
By
His
Councel
it
was
agreed
,
and
also
by
the
King
himself
commanded
.
Magna
Charta
King
and
His
Councel
His
Councel
Hath
Ordained
King
,
at
the
request
of
the
Lords
and
Commons
,
made
a
Declaration
what
Offences
should
be
adjudged
Treason
:
if
per-case
any
man
ride
Armed
with
Men
of
Arms
against
any
other
to
slay
him
,
or
rob
him
,
It
is
not
the
that
in
such
cases
it
shall
be
adjudged
Treason
.
whereas
a
man
doth
compass
or
imagine
the
Death
of
our
Lord
the
King
,
or
a
man
do
wage
War
against
our
Lord
the
King
in
His
Realm
,
or
be
adherent
to
the
Kings
Enemies
in
His
Realm
,
giving
to
them
Aid
or
Comfort
in
the
Realm
,
or
elsewhere
Kings
Declaration
only
Difficult
points
of
Treason
shall
be
brought
and
shewed
to
the
King
,
and
his
Parliament
,
yet
it
is
the
mind
of
the
King
and
his
Councel
that
determines
what
shall
be
adjudged
Treason
,
and
what
Felony
,
or
Trespass
.
&c.
which
Petition
seemeth
to
his
Councel
to
be
prejudicial
unto
him
,
and
in
Disinherison
of
his
Crown
if
it
were
so
generally
granted
.
His
said
Commons
not
willing
nor
desiring
to
demand
things
of
him
,
or
of
his
Crown
perpetually
,
as
of
Escheats
,
&c.
But
of
Trespasses
,
Misprisions
,
Negligences
,
Ignorances
,
&c.
Bogo
de
Clare
Eliz.
Audley
James
Audley
His
Councel
Rot.
claus.
de
An.
Him
and
His
Councel
Him
and
His
Councel
in
Banco
Hugh
Hastings
York
,
Westmorland
,
Cumberland
Lancashire
,
Rot.
pat.
de
an
.
and
his
Councel
Florence
Becket
Alice
Radley
Councel
of
the
said
King
Kings
Councel
Adam
Brabson
R.
W.
Advice
of
the
Kings
Councel
R.
C.
It
was
adjudged
by
all
the
Councel
that
his
right
hand
should
be
cut
off
,
and
his
Lands
and
Goods
forfeited
to
the
King
.
Kings
Councel
Thomas
Ogthred
Giles
Blacket
Sues
au
counsell
&
comment
ils
voilent
que
nous
devomus
faire
,
nous
volums
faire
,
&
autrement
ment
en
cest
case
Kings
Councel
Edw.
Coke
treat
,
and
to
give
Counsel
.
That
you
be
present
with
us
the
Prelates
,
Great
men
,
and
Peers
,
to
treat
and
give
your
Counsel
:
That
you
be
present
with
Vs
,
and
others
of
the
Councel
to
treat
and
give
your
Counsel
.
Kings
Bench
Egerton
,
If
a
Writ
of
Errour
be
sued
in
Parl.
upon
a
Judgment
given
by
the
Judges
in
the
Kings
Bench
,
the
Lords
of
the
higher
House
alone
,
(
without
the
Commons
)
are
to
examine
the
Errours
.
The
Lords
are
to
proceed
according
to
the
Law
,
and
for
their
Judgments
therein
they
are
to
be
informed
by
the
Advice
and
Councel
of
the
Judges
,
who
are
to
inform
them
what
the
Law
is
,
and
to
direct
them
in
their
Judgment
;
for
the
Lords
are
not
to
follow
their
own
Discretion
or
Opinion
otherwise
.
that
W.
de
la
Pool
D.
of
Suffolk
,
should
be
committed
to
Prison
for
many
Treasons
,
and
other
Crimes
;
the
Lords
of
the
higher
House
were
doubtful
what
Answer
to
give
;
the
Opinion
of
the
Judges
was
demanded
,
their
Opinion
was
,
that
he
ought
not
to
be
committed
,
for
that
the
Commons
did
not
charge
him
with
any
particular
Offence
,
but
with
general
Reports
and
Slanders
:
Speaker
of
the
House
of
Commons
the
Speaker
should
remain
in
Prison
according
to
the
Law
,
notwithstanding
the
Privilege
of
Parliament
,
and
that
he
was
Speaker
Whether
Spiritual
Persons
might
be
convented
before
Temporal
Judges
for
Criminal
Causes
?
John
Fineux
that
they
might
and
ought
to
be
;
and
their
Opinion
allowed
and
maintained
by
the
King
and
Lords
,
and
Dr.
who
before
had
holden
the
same
Opinion
,
was
delivered
from
the
Bishops
.
that
in
Causes
which
receive
Determination
in
the
House
of
Lords
,
the
King
hath
no
Vote
at
all
,
no
more
than
in
other
Courts
of
ministerial
Jurisdiction
.
Voice
among
others
no
Vote
King
to
judge
them
dernier
resort
Kings
themselves
may
not
judge
,
but
they
may
see
and
look
to
the
Judges
,
that
they
give
Judgment
according
to
Law
Common
Law
to
this
purpose
doth
presume
that
the
King
hath
all
Laws
within
the
Cabinet
of
His
Breast
,
in
Scrinio
pectoris
,
Pleasure
of
the
King
Will
and
Pleasure
of
the
Kings
Justices
,
only
,
Kings
Justices
Divers
notorious
Felons
be
indicted
of
divers
Felonies
,
Murders
,
Rapes
:
and
as
well
before
the
Kings
Justices
,
as
before
the
King
himself
,
arraigned
of
the
same
Felonies
.
Exchequer
,
and
there
set
down
Order
for
the
Appearance
of
Sheriffs
,
and
bringing
in
their
Accounts
;
there
was
five
Marks
set
on
every
Sheriffs
Head
for
a
Fine
,
because
they
had
not
distrained
every
Person
that
might
dispend
fifteen
pounds
Lands
by
the
Year
,
to
receive
the
Order
of
Knighthood
,
according
as
the
same
Sheriffs
were
commanded
.
sate
three
days
together
in
open
Court
in
the
Kings
themselves
have
sate
in
Person
in
the
Kings
Bench
,
and
other
Courts
,
and
there
given
Judgment
,
Negative
Voice
Negative
Voice
they
grant
to
defend
and
protect
the
just
Laws
and
Customs
,
which
the
Vulgar
hath
,
or
shall
chuse
:
Justas
Leges
&
Consuetudines
quas
Vulgus
elegerit
:
rude
multitude
born
in
the
Counties
,
as
shall
be
able
to
be
then
the
are
to
be
most
sufficient
common
People
Lords
and
Commons
the
Customs
which
the
Vulgar
hath
,
or
shall
chuse
.
Common
People
only
who
chuse
Customs
:
Common
Custom
Customs
which
the
Vulgar
chuse
,
is
to
swear
to
protect
the
Common
Laws
of
Kings
Negative
Voice
Edward
Coke
Parliaments
have
been
utterly
deceived
,
and
that
in
cases
of
greatest
Moment
,
even
in
case
of
High
Treason
:
an
unjust
and
strange
Act.
protect
just
Laws
equal
and
right
Justice
and
Discretion
,
in
Mercy
and
Truth
in
all
His
Judgments
:
facies
fieri
in
omnibus
judiciis
tuis
aequam
&
rectam
justitiam
&
discretionem
in
Misericordia
&
Veritate
:
Mercy
in
his
Judgments
granting
any
new
Laws
holding
,
protecting
,
and
strengthening
with
all
his
Might
,
the
just
Laws
that
were
already
in
Being
:
to
deny
the
King
a
negative
Voice
,
Negative
Voice
Negative
Voice
pure
negative
Propositions
Affirmative
Voice
Kings
Negative
Voice
negative
Voice
of
the
King
Chief
Justice
of
England
utter
Barrister
of
Lincolns
Inn
Concerning
the
Charters
and
Deeds
of
Kings
,
the
Justices
nor
private
men
neither
ought
,
nor
can
dispute
;
nor
yet
if
there
rise
a
Doubt
in
the
Kings
Charter
,
can
they
interpret
it
;
and
in
doubtful
and
obscure
Points
,
or
if
a
word
contain
two
Senses
,
the
Interpretation
,
and
Will
of
our
Lord
the
King
is
to
be
expected
,
seeing
it
is
His
part
to
interpret
,
who
makes
the
Charter
:
Kings
Charters
Negative
Voice
sole
Judge
of
the
People
is
the
King
,
King
is
the
Vice-roy
of
God
,
Nous
volons
que
nostre
jurisdiction
soit
sur
touts
Jurisdictions
,
&c.
We
Will
that
Our
Jurisdiction
be
above
all
the
Jurisdictions
of
Our
Realm
,
so
as
in
all
manner
of
Felonies
,
Trespasses
,
Contracts
,
and
in
all
other
Actions
Personal
or
Real
,
We
have
Power
to
yield
,
or
cause
to
be
yielded
,
such
Judgments
as
do
appertain
without
other
Process
,
wheresoever
we
know
the
right
Truth
as
Judges
.
Kings
Bench
,
where
there
is
only
an
imaginary
presence
of
His
Person
,
Jurisdiction
remaining
and
left
in
the
Kings
Royal
Body
and
Breast
,
distinct
from
that
of
His
Bench
,
and
other
ordinary
Courts
Kings
Bench
Saxon
Law
of
King
Let
no
man
in
Suit
appeal
unto
the
King
,
unless
he
cannot
get
Right
at
home
,
but
if
that
Right
be
too
Heavy
for
him
,
then
let
him
go
to
the
King
to
have
it
eased
.
there
might
be
Appellation
made
to
the
Kings
Person
,
whensoever
the
Cause
should
enforce
it
.
King
himself
had
a
High
Court
of
Justice
,
wherein
it
seemeth
He
sate
in
Person
Let
him
not
seek
to
the
King
,
Henry
Spelman
All
Justice
of
the
Kingdom
is
only
the
King
's
,
and
He
alone
,
if
He
were
able
,
should
administer
it
;
but
that
being
impossible
,
He
is
forced
to
delegate
it
to
Ministers
,
whom
he
bounds
by
the
limits
of
the
Laws
;
the
positive
Laws
are
only
about
Generals
;
in
particular
Cases
,
they
are
sometimes
too
strict
,
sometimes
too
remiss
;
and
so
,
oft
Wrong
instead
of
Right
will
be
done
,
if
we
stand
to
strict
Law
:
also
Causes
hard
and
difficult
daily
arise
,
which
are
comprehended
in
no
Law-books
,
in
those
there
is
a
necessity
of
running
back
to
the
King
,
the
Fountain
of
Justice
,
and
the
Vicegerent
of
God
himself
,
who
in
the
Commonwealth
of
the
Jews
took
such
Causes
to
His
own
cognisance
,
and
left
to
Kings
not
only
the
Example
of
such
Jurisdiction
,
but
the
Prerogative
also
.
Roman
Church
grand
Privilege
of
Freedom
from
Arrests
House
of
Commons
Writ
of
Privilege
Laundresses
,
Nurses
Edward
Coke
Treason
,
Felony
odious
and
contrary
private
Law
publick
Law
not
against
Persons
,
Servants
George
Ferrers
Thomas
Moyl
Thomas
Audley
Chancellor
,
and
the
Lords
and
Judges
the
Contempt
to
be
very
great
,
referred
the
Punishment
thereof
to
the
House
of
Commons
it self
.
Edward
Coke
Eliz.
Richard
Coke
Subpoena
of
Chancery
,
the
Lord
Chancellor
thought
the
House
had
no
such
Privilege
for
Subpoena's
as
they
pretended
Edw.
Hobby
Th.
Knevit
to
revoke
the
said
Subpoena's
in
that
sort
,
was
to
restrain
Her
Majesty
in
Her
greatest
Power
,
which
is
,
Justice
in
the
Place
wherein
he
serveth
under
Her
,
no
Precedent
for
setting
at
large
by
the
Mace
any
Person
in
Arrest
but
only
by
Writ
,
Came
up
with
him
,
and
was
his
Servant
at
the
time
of
the
Arrest
made
.
Pierce
Gaveston
the
whole
Assembly
obtain
of
the
King
to
draw
Articles
of
their
Grievances
,
all
Strangers
should
be
banished
the
Court
and
Kingdom
:
the
business
of
the
State
should
be
treated
of
by
the
Councel
of
the
Clergy
and
freedom
from
Taxations
Jack
Cade
Lower
House
to
the
Lords
of
the
Kings
Privy
Councel
,
explode
them
as
frivolous
,
and
the
Authors
of
them
to
be
presumptuous
Rebels
.
Liberty
,
or
freedom
of
Speech
,
Black
Friars
Tho.
More
first
disabled
himself
,
and
then
petitioned
the
King
,
that
if
in
Communication
and
Reasoning
,
any
man
in
the
Commons
House
should
speak
more
largely
than
of
Duty
they
ought
to
do
,
that
all
such
Offences
should
be
pardoned
,
and
to
be
entred
of
Record
;
which
was
granted
.
more
largely
than
in
Duty
ought
to
be
Ric.
Strood
Queens
Person
,
the
State
,
or
Church-government
.
Fast
in
the
Temple
,
upon
a
Sunday
,
Jan.
Saturday
Peter
Wentworth
as
many
of
the
House
as
conveniently
could
,
should
on
Sunday
fortnight
after
,
Assemble
,
and
meet
together
in
the
Church
,
there
to
hear
Preaching
,
and
to
joyn
together
in
Prayer
,
with
Humiliation
and
Fasting
,
for
the
Assistance
of
God's
Spirit
in
all
their
Consultations
,
during
this
Parliament
,
and
for
the
Preservation
of
the
Queens
Majesty
and
Her
Realms
:
And
the
Preachers
to
be
appointed
by
the
Privy
Councel
that
were
of
the
House
,
that
they
may
be
Discreet
,
not
medling
with
Innovation
or
Vnquietness
.
Her
Highness
had
a
great
Admiration
of
the
rashness
of
this
House
,
in
committing
such
an
apparent
Contempt
of
her
express
Command
,
as
to
put
in
execution
such
an
Innovation
,
without
Her
privity
,
or
pleasure
first
known
.
to
make
humble
submission
to
Her
Majesty
,
acknowledging
the
said
Offence
and
Contempt
,
craving
a
Remission
of
the
same
,
with
a
full
purpose
to
forbear
the
Committing
of
the
like
hereafter
:
Peter
Wentworth
Henry
Bromley
entailing
the
Succession
of
the
Crown
.
Thomas
Henage
Thomas
Henage
Henry
Bromley
Richard
Stephens
Henry
Bromley
Edward
Coke
It
being
wholly
in
Her
Power
to
Call
,
to
Determine
,
to
Assent
,
or
Dissent
to
any
thing
done
in
Parliament
:
that
the
Calling
of
This
was
only
,
that
the
Majesty
of
God
might
be
more
religiously
observed
,
by
compelling
,
by
some
sharp
Laws
,
such
as
neglect
that
Service
:
and
that
the
Safety
of
Her
Majesties
Person
,
and
the
Realm
might
be
provided
for
:
It
was
not
meant
they
should
meddle
with
Matters
of
State
,
or
Causes
Ecclesiastical
,
she
wondred
that
any
could
be
of
so
high
Commandement
,
to
attempt
a
thing
so
expresly
contrary
to
that
which
she
had
commanded
:
wherefore
with
this
She
was
highly
offended
:
And
because
the
words
spoken
by
my
Lord
Keeper
are
not
now
perhaps
well
remembred
,
or
some
be
now
here
that
were
not
then
present
.
Her
Majesties
present
Charge
and
express
Command
is
,
that
no
Bill
touching
the
said
matter
of
State
,
or
Reformation
in
Causes
Ecclesiastical
,
be
exhibited
;
and
upon
my
Allegiance
I
am
charged
,
if
any
such
Bill
be
exhibited
,
not
to
read
it
.
Her
Majesty
had
committed
them
for
Causes
best
known
to
Her self
,
and
to
press
Her
Highness
with
this
Suit
,
would
but
hinder
them
whose
Good
is
sought
the
House
must
not
call
the
Queen
to
account
for
what
she
doth
of
Her
Royal
Authority
:
that
the
Causes
for
which
they
are
restrained
may
be
High
and
Dangerous
:
that
Her
Majesty
liketh
no
such
Questions
;
neither
doth
it
become
the
House
to
search
into
such
matters
.
She
was
sorry
the
Commons
medled
with
chusing
and
returning
Knights
of
the
Shire
for
a
thing
impertinent
for
the
House
to
deal
withal
,
and
only
belonging
to
the
Office
and
Charge
of
the
Lord
Chancellor
,
from
whom
the
Writs
issue
and
are
returned
.
the
Commons
had
sent
to
the
King
,
praying
him
that
they
might
have
Advice
,
and
Communication
with
certain
Lords
about
Matters
of
Business
in
Parliament
,
for
the
common
good
of
the
Realm
:
Our
Lord
the
King
graciously
granted
,
making
Protestation
,
he
would
not
do
it
of
Duty
,
nor
of
Custom
,
but
of
his
special
Grace
at
this
time
:
Our
Lord
the
King
charged
the
Clerk
of
the
Parliament
,
that
this
Protestation
should
be
entred
on
Record
upon
the
Parliament-Roll
:
how
that
neither
of
Due
nor
of
Custom
,
our
Lord
the
King
ought
to
grant
any
Lords
to
enter
into
Communication
with
them
,
of
Matters
touching
the
Parliament
;
but
by
his
special
Grace
at
this
time
he
hath
granted
their
Request
in
this
Particular
Commons
knew
well
that
they
could
not
have
any
such
Lords
to
commune
with
them
,
of
any
Business
of
Parliament
,
without
special
Grace
and
Command
of
the
King
Himself
.
Francis
Bacon
Walter
Raleigh
He
marvail'd
the
House
stood
either
at
the
granting
of
a
Subsidy
or
time
of
Payment
,
when
all
we
have
is
her
Majesties
,
and
She
may
lawfully
at
her
Pleasure
take
it
from
us
;
and
that
she
had
as
much
Right
to
all
our
Lands
and
Goods
,
as
to
any
Revenue
of
the
Crown
;
and
he
said
he
could
prove
it
by
Precedents
in
the
time
of
Ed.
Coke
the
first
Kings
of
this
Realm
had
all
the
Lands
of
in
Demesne
,
and
the
great
Manors
and
Royalties
they
reserved
to
themselves
,
and
of
the
remnant
for
the
defence
of
the
Kingdom
,
enfeoffed
the
Barons
:
the
King
thanks
his
loyal
Subjects
,
accepts
their
good
Will
,
and
also
will
have
it
so
:
le
Roy
remercie
ses
loyaux
Subjects
,
accept
leur
benevolence
,
ainsi
le
veult
,
the
King
wills
it
to
be
so
,
Her
Majesty
hoped
her
dutiful
and
loving
Subjects
would
not
take
away
her
Prerogative
,
which
is
the
chiefest
Flower
in
her
Garland
,
and
the
principal
and
head
Pearl
in
Her
Crown
and
Diadem
that
they
will
rather
leave
that
to
Her
Disposition
.
Nemo
dat
quod
non
habet
that
which
gives
the
Form
,
gives
the
Consequences
of
the
Form
Edw.
Coke
Protection
of
mens
Persons
,
Servants
,
and
Goods
,
is
done
by
a
Writ
of
Grace
from
the
King
.
that
most
Privileges
of
Parliament
grew
from
Precedents
,
which
rather
shew
a
Toleration
than
an
Inheritance
;
therefore
he
could
not
allow
of
the
Style
,
calling
it
their
ancient
and
undoubted
Right
and
Inheritance
,
but
could
rather
have
wished
that
they
had
said
,
their
Privileges
were
derived
from
the
Grace
and
Permission
of
his
Ancestors
and
Him
:
He
cannot
with
Patience
endure
his
Subjects
to
use
such
Antimonarchical
words
concerning
their
Liberties
,
except
they
had
subjoyned
,
that
they
were
granted
unto
them
by
the
Grace
and
Favours
of
his
Predecessors
:
to
be
careful
of
whatsoever
.
Privileges
they
enjoy
by
long
Custom
and
uncontrolled
and
lawful
Precedents
.
A
Book
Entituled
Forms
of
Government
;
Together
with
Plato
,
Aristotle
,
Cicero
,
Polybius
,
the
Earth
Psalmist
)
hath
he
given
to
the
children
of
men
:
Grotius
,
Selden
,
Hobs
,
Ashcam
,
Hebrew
,
Greek
Honour
thy
Father
Aristotle
himself
first
Kings
were
Fathers
of
Families
Lords
anointed
Nursing-Fathers
,
Gen.
35.11
no
King
in
Israel
every
man
did
what
was
right
in
his
own
eyes
,
because
there
was
no
King
in
Israel
Let
every
Soul
be
subject
to
the
Higher
Powers
,
Higher
Powers
Higher
Powers
Wilt
thou
not
be
afraid
of
the
Power
?
He
is
the
Minister
of
God
to
thee
They
are
the
Ministers
to
thee
He
beareth
not
the
Sword
in
vain
for
He
is
the
Minister
of
God
,
a
Revenger
to
Wrath
,
&c.
upon
thee
:
They
are
the
Ministers
of
God
,
They
bear
not
the
Sword
in
vain
,
Higher
Powers
Let
every
Soul
be
subject
to
the
Supreme
Power
whether
to
the
King
as
to
the
higher
Humane
Ordinance
Submit
your selves
to
every
Ordinance
of
man
for
the
Lord's
sake
,
whether
it
be
to
the
King
as
Supreme
,
or
whether
it
be
to
Governours
:
but
they
that
are
sent
by
Him
for
the
Punishment
of
Evil
Doers
:
sent
by
him
sent
by
God
Submit
your selves
to
all
Humane
Laws
,
whether
made
by
the
King
,
or
by
his
Subordinate
Governours
.
Speaking
Law
Be
subject
to
every
Humane
Creation
the
Sovereignty
of
one
man
,
or
of
a
few
,
or
of
many
,
for
the
common
Good
.
are
right
or
perfect
Governments
,
but
those
that
are
for
the
private
Good
of
one
,
or
of
a
few
,
or
of
a
Multitude
,
are
Transgressions
.
Monarchy
for
the
Common
Good
,
he
calls
a
Kingdom
.
of
a
few
more
than
one
,
an
Aristocraty
;
either
because
the
best
men
govern
,
or
because
it
is
for
the
best
of
the
governed
:
when
a
Multitude
governs
for
the
Common
Good
,
it
is
called
by
the
common
name
of
all
Governments
,
a
It
is
possible
that
one
or
a
few
may
excel
in
Vertue
,
but
it
is
difficult
for
many
to
excel
in
all
Vertue
,
except
in
warlike
Affairs
,
for
this
is
natural
in
a
Multitude
,
therefore
,
in
this
sort
of
Government
their
principal
Vse
is
to
war
one
for
another
,
and
to
possess
the
Arms
or
Ammunition
.
The
Transgressions
of
Government
before
spoken
of
,
are
these
:
Tyranny
is
the
Transgression
of
the
Kingdom
;
and
Democraty
is
the
Transgression
of
the
Polity
.
For
Tyranny
is
a
Monarchy
for
the
Benefit
of
the
Monarch
,
the
Oligarchy
,
for
the
Profit
of
the
Rich
;
the
Democraty
for
the
Benefit
of
the
Poor
.
None
of
these
are
for
the
Common
Good
.
an
Oligarchy
should
be
for
the
Benefit
of
a
few
,
and
those
the
best
;
and
not
for
the
Benefit
of
the
Rich:
and
a
Democraty
for
the
Benefit
of
many
,
and
not
of
the
Poor
only
one
man
first
Society
made
of
many
Houses
is
a
Colony
,
which
seems
most
naturally
to
be
a
Colony
of
Families
,
or
Foster-brethren
of
Children
and
Childrens
children
.
And
therefore
at
the
beginning
Cities
were
,
and
now
Nations
,
under
the
Government
of
Kings
;
the
Eldest
in
every
house
is
King
,
and
so
for
Kindred
sake
it
is
in
Colonies
.
the
true
and
first
Reason
of
Authority
is
,
that
the
Father
and
Mother
,
and
simply
those
that
beget
and
ingender
,
do
command
and
rule
over
all
their
Children
.
Aristotle
every
man
gives
Laws
to
his
Wife
and
Children
.
first
and
divinest
sort
of
Government
,
defining
Tyranny
to
be
a
Transgression
from
the
first
,
and
divinest
.
the
right
Kinds
of
Government
,
a
Monarchy
was
the
best
,
and
a
popular
Estate
the
worst
.
A
perfect
Kingdom
is
that
wherein
the
King
rules
all
things
according
to
his
own
Will
;
for
he
that
is
called
a
King
according
to
the
Law
makes
no
kind
of
Government
.
few
men
men
govern
for
that
it
is
for
the
best
of
the
governed
the
Causes
aforesaid
do
not
make
a
Difference
,
and
that
it
is
Poverty
and
Riches
,
and
not
Few
,
and
Many
,
that
make
the
Difference
between
an
there
must
be
an
where
rich
men
rule
,
whether
they
be
few
or
many
:
and
wheresoever
the
Poor
have
the
there
must
be
a
smallness
of
their
Number
Greatness
of
their
Estates
Aristotle's
Rhetoricks
those
that
are
instructed
in
the
Laws
govern
in
an
Aristocraty
:
Politicks
,
cap.
It
is
impossible
for
any
Mechanical
man
to
be
a
Citizen
in
an
Aristocraty
,
if
there
be
any
such
Government
as
they
call
Aristocratical
.
The
Government
of
did
transgress
from
an
to
an
Government
of
all
Governments
a
Timocratical
Government
,
where
Magistrates
are
chosen
by
their
Wealth
:
a
popular
State
is
where
Freemen
govern
,
and
an
where
rich
men
rule
Modern
Politicians
Monarchy
was
the
best
,
and
a
Timocraty
the
worst
Democraty
is
the
least
vicious
,
because
it
doth
but
a
little
Transgress
from
a
Timocraty
.
Government
of
many
,
or
of
a
Multitude
,
for
the
Common
Good
.
the
best
City
doth
not
make
any
Artificer
,
or
Handicraftsman
a
Citizen
.
a
City
is
a
Community
of
Free-men
,
all
those
are
not
to
be
deemed
Citizens
without
whom
a
City
cannot
subsist
,
impossible
for
him
to
exercise
the
Work
of
Vertue
,
that
useth
a
Mechanical
or
Mercenary
Trade
.
in
ancient
times
among
some
men
,
no
publick
Workman
did
partake
of
the
Government
,
until
the
worst
of
Democraties
were
brought
in
.
to
speak
plainly
,
a
Polity
is
a
mixture
of
a
and
an
Oligarchical
Penalty
by
Election
Democratical
Fee
by
Lot
.
Monarchy
of
one
Aristocraty
of
a
few
Polity
of
a
Multitude
that
the
first
Commonweal
among
the
Grecians
,
after
Kingdoms
,
was
made
of
those
that
waged
War
:
the
People
or
Multitude
can
excel
in
no
Vertue
That
is
natural
to
them
The
Sovereign
Power
is
in
the
Sword
,
and
those
that
are
possessed
of
the
Arms.
the
first
Commonweals
of
after
Kings
were
left
,
were
made
of
those
that
waged
War
.
The
cause
why
there
be
many
kinds
of
Commonweals
is
,
for
that
there
are
many
parts
of
every
City
.
Sometimes
all
these
parts
are
in
a
Commonweal
,
sometimes
more
of
them
,
sometimes
fewer
:
whence
it
is
manifest
,
that
there
are
many
Commonweals
differing
from
each
other
in
kind
:
because
the
parts
of
them
differ
after
the
same
manner
.
For
a
Commonweal
is
the
Order
of
Magistrates
distributed
,
either
according
to
the
Power
of
them
that
are
partakers
of
it
,
or
according
to
some
other
common
equality
belonging
to
Poor
and
Rich
,
or
some
other
thing
common
to
both
.
It
is
therefore
necessary
,
that
there
be
so
many
Commonweals
as
there
are
Orders
,
according
to
the
excellencies
and
differences
of
Parts
.
But
it
seemeth
principally
there
are
but
two
chief
kinds
of
Commonweals
;
the
and
the
for
they
make
the
a
branch
of
as
if
it
were
a
kind
of
and
that
other
which
is
properly
a
to
be
a
branch
of
So
they
are
wont
to
esteem
of
Commonweals
;
but
it
is
both
truer
and
better
;
that
there
being
two
right
Forms
,
or
one
,
that
all
the
other
be
transgressions
.
&
caetera's
mercenary
Hireling
Feeder
of
necessary
Cattle
rich
men
the
Magistrates
Into
Artificers
Into
Merchants
,
or
those
that
use
Buying
or
Selling.
Into
those
that
frequent
the
Seas
,
some
follow
the
War
,
others
seek
for
Gain
,
Carriers
or
Transporters
Handicraftsmen
that
possess
so
little
goods
,
that
they
cannot
be
idle
.
Those
that
are
not
free
on
both
sides
,
and
any
other
such
like
Multitude
of
People
.
by
Riches
,
by
Lineage
,
by
Vertue
,
by
Learning
,
and
other
such
like
things
.
allows
no
Artificer
to
be
a
Citizen
,
some
men
are
born
slaves
by
Nature
all
men
are
born
equal
and
free
an
original
Power
by
Nature
in
the
People
,
underived
Majesty
of
the
People
People
are
base
or
wicked
Judges
in
their
own
Cases
,
many
of
them
differ
nothing
from
beasts
The
Common
People
or
Freemen
are
such
as
are
neither
Rich
,
nor
in
Reputation
for
Virtue
;
and
it
is
not
safe
to
commit
to
them
great
Governments
;
for
,
by
reason
of
their
Injustice
and
Vnskilfulness
,
they
would
do
much
Injustice
,
and
commit
many
Errours
;
and
it
is
pleasanter
to
the
multitude
to
live
Disorderly
,
than
Soberly
,
In
those
days
there
was
no
King
in
Israel
;
every
man
did
that
which
was
right
in
his
own
eyes
.
Aristotle
,
the
first
Commonweals
in
after
Kings
were
given
over
,
were
made
of
those
that
waged
War
it
is
Aristotle
,
in
their
power
,
who
manage
Arms
to
continue
,
or
not
continue
the
Form
of
Government
,
whereby
the
Estate
is
Governed
,
multitude
of
men
at
first
had
sprung
out
,
and
were
engendred
of
the
Earth
,
which
Aristotle
knows
not
whether
he
may
believe
,
or
no
:
there
may
be
a
Government
only
for
the
Benefit
of
the
Governours
is
a
despotical
or
masterly
Monarchy
in
truth
the
masterly
Government
is
profitable
both
to
the
Servant
by
Nature
,
and
the
Master
by
Nature
,
It
is
not
possible
,
if
the
Servant
be
destroyed
,
that
the
Mastership
can
be
saved
a
Tyrant
cannot
govern
for
his
own
Profit
only
:
one
,
a
few
,
or
many
,
that
which
pleaseth
the
most
,
is
always
ratified
,
Aristotle
,
lib.
in
infinitum
Where
one
is
set
up
out
of
many
,
the
People
becometh
a
Monarch
,
because
many
are
Lords
,
not
separately
,
but
altogether
as
one
;
therefore
such
a
People
as
if
it
were
a
seeks
to
bear
Rule
alone
the
End
of
a
City
,
is
to
live
blessedly
and
honestly
.
Political
Communities
are
ordained
for
honest
Actions
,
but
not
for
living
together
only
.
Religion
towards
God
Peace
towards
men
a
quiet
and
peaceable
Life
in
all
Godliness
and
Honesty
,
Rome
,
Venice
Low
Countries
Pontifex
Maximus
L.
Papirius
Lex
Papiria
should
not
belawful
for
any
to
consecrate
either
Houses
,
Grounds
,
Altars
,
or
any
other
things
without
the
Determination
of
the
People
.
Domitius
Aenobarbus
Domitia
Lex
Pontifical
Colledge
should
not
,
as
they
were
wont
,
admit
whom
they
would
into
the
Order
of
Priesthood
,
but
it
should
be
in
the
Power
of
the
People
decided
and
determined
Controversies
,
in
Murder
,
in
Case
of
Inheritance
,
of
Bounds
of
Lands
,
as
they
in
their
Discretion
judged
meet
;
they
grant
Rewards
and
Punishments
.
the
Lacedemonians
preserved
themselves
by
Warring
;
and
after
they
had
gotten
to
themselves
the
Empire
,
then
were
they
presently
undone
,
for
that
they
could
not
live
at
Rest
,
nor
do
any
better
Exercise
,
than
the
Exercise
of
War
,
Punick
War
for
almost
years
,
that
is
,
from
only
for
one
Summer
,
the
Bowels
of
did
not
sweat
Blood
.
Walter
Raleigh
Consuls
,
who
had
the
same
Royal
Jurisdiction
,
or
absolute
Power
that
the
Kings
had
,
not
any
whit
diminished
or
abated
,
and
held
all
the
same
Regal
Ensigns
of
supreme
Dignity
,
Dionysius
Halicarnasseus
Many
or
a
Multitude
do
rule
the
People
major
part
of
the
People
the
Representors
of
the
People
govern
.
if
all
the
People
be
interessed
in
the
Government
,
it
is
a
Popular
Estate
,
it
is
a
Popular
Estate
,
when
all
the
People
,
or
the
greater
part
thereof
hath
the
Sovereignty
,
Negative
Voice
Negative
Voice
in
the
State
the
Government
was
in
the
Magistrates
,
the
Authority
and
Council
in
the
Senate
,
but
the
Sovereign
Power
and
Majesty
in
the
People
,
the
ancient
Command
,
Authority
,
Power
all
men
are
born
Free
by
Nature
,
by
Nature
some
men
are
Servants
,
and
some
are
Masters
,
Rome
,
Bodin
Valerius
Publicola
Turentillus
Arsa
the
Consul's
Government
,
as
being
so
absolute
,
and
in
Name
only
less
odious
than
that
of
Kings
,
but
in
Fact
more
cruel
;
for
instead
of
one
Lord
the
City
had
received
twain
,
having
Authority
beyond
all
Measure
,
unlimited
and
infinite
.
Sextius
there
would
never
be
any
indifferent
Course
,
so
long
as
the
Nobles
kept
the
Sovereign
Place
of
Command
,
and
the
Sword
to
strike
,
whilst
the
poor
Commons
have
only
the
Buckler
it
remains
,
that
the
Commons
bear
the
Office
of
Consuls
too
,
for
that
were
a
Fortress
of
their
Liberty
;
from
that
day
forward
,
shall
the
Commons
be
Partakers
of
those
things
,
wherein
the
Nobles
now
surpass
them
,
namely
Sovereign
Rule
and
Authority
.
two
have
Regal
Power
,
and
let
them
be
called
Consuls
:
also
the
the
Sovereign
Power
was
translated
from
Consuls
to
Decemvirs
,
as
before
from
Kings
to
Consuls
.
Negative
Voice
Negative
Voice
Negative
Power
Military
Tribunes
with
Consular
Power
Capitoline
Marbles
,
linen
Books
or
Records
jus
honorarium
Monarchy
,
Democraty
S.
P.
Q.
V.
Vnited
Provinces
Low
Countries
to
choose
well
is
the
office
of
him
that
hath
Knowledge
;
none
can
choose
a
but
he
that
hath
skill
in
All
men
esteem
not
Excellency
to
be
one
and
the
same
,
True
Liberty
is
for
every
man
to
do
what
he
list
,
or
to
live
as
he
please
,
and
not
to
be
tied
to
any
Laws
.
It
is
profitable
not
to
be
lawful
to
do
every
thing
that
we
will
,
for
power
to
do
what
one
will
,
cannot
restrain
that
Evil
that
is
in
every
man
Rule
and
to
be
Ruled
It
is
no
hard
matter
for
any
kind
of
Government
to
last
one
,
or
two
,
or
three
days
,
We
must
look
well
into
the
continuance
of
Time
,
and
remembrance
of
many
Years
,
wherein
the
means
tending
to
establish
Community
had
not
lain
hid
,
if
they
had
been
good
and
useful
;
for
almost
all
things
have
been
found
out
,
albeit
some
have
not
been
received
,
and
other
some
have
been
rejected
,
after
men
have
had
experience
of
them
Voluntary
Actions
Necessary
Actions
currant
an
Axiom
of
late
,
that
it
will
certainly
pass
without
Contradiction
many
and
great
Difficulties
the
manner
of
the
Peoples
passing
their
Consent
,
nor
determine
which
of
them
is
sufficient
,
and
which
not
to
make
the
Right
or
Title
;
whether
it
must
be
Antecedent
to
Possession
,
or
may
be
consequent
:
Express
,
or
Tacite
:
Collective
,
or
Representative
:
Absolute
,
or
conditionated
:
Free
,
or
Inforced
:
Revocable
,
or
Irrevocable
.
mutuò
se
ponunt
&
auferunt
Nothing
is
Law
,
where
the
Legislator
cannot
be
known
,
for
there
must
be
manifest
Signs
,
that
it
proceedeth
from
the
Will
of
the
Sovereign
;
there
is
requisite
,
not
only
a
Declaration
of
the
Law
,
but
also
sufficient
Signs
of
the
Author
and
the
Authority
.
The
chief
Point
of
a
Commonweal
,
which
is
the
Right
of
Sovereignty
,
cannot
be
,
nor
insist
,
to
speak
properly
,
but
in
Monarchy
;
for
none
can
be
Sovereign
in
a
Commonweal
,
but
one
alone
;
if
they
be
two
,
or
three
,
or
more
,
no
one
is
Sovereign
,
for
that
no
one
of
them
can
give
or
take
a
Law
from
his
Companion
:
and
although
we
imagine
a
Body
of
many
Lords
;
or
of
a
whole
People
to
hold
the
Sovereignty
,
yet
hath
it
no
true
Ground
nor
Support
,
if
there
be
not
a
Head
with
absolute
Power
to
unite
them
together
,
which
a
simple
Magistrate
without
Sovereign
Authority
cannot
do
.
And
if
it
chance
that
the
Lords
,
or
Tribes
of
the
People
be
divided
(
as
it
often
falls
out
)
then
must
they
fall
to
Arms
one
against
another
:
and
although
the
greatest
part
be
of
one
Opinion
,
yet
may
it
so
happen
,
as
the
lesser
part
,
having
many
Legions
,
and
making
a
Head
,
may
oppose
it self
against
the
greater
Number
,
and
get
the
Victory
.
We
see
the
Difficulties
which
are
,
and
always
have
been
in
popular
Estates
,
whereas
they
hold
contrary
Parts
,
and
for
divers
Magistrates
,
some
demand
Peace
,
others
War
;
some
will
have
this
Law
,
others
that
;
some
will
have
one
Commander
,
others
another
;
some
will
treat
a
League
with
the
King
of
others
with
the
King
of
corrupted
or
drawn
,
some
one
Way
,
some
another
,
making
open
War
,
as
hath
been
seen
in
our
Age
amongst
the
Grisons
,
&c.
That
there
is
no
Form
of
Government
,
but
Monarchy
only
.
That
there
is
no
Monarchy
,
but
Paternal
.
That
there
is
no
Paternal
Monarchy
,
but
Absolute
,
or
Arbitrary
.
That
there
is
no
such
thing
as
an
Aristocraty
or
Democraty
.
That
there
is
no
such
Form
of
Government
as
a
Tyranny
.
That
the
People
are
not
born
Free
by
Nature
.
Adam
,
by
donation
from
God
,
was
made
the
general
Lord
of
all
things
,
not
without
such
a
private
Dominion
to
himself
,
as
(
without
his
Grant
)
did
exclude
his
Children
.
And
by
Donation
,
or
Assignation
,
or
some
kind
of
Concession
(
before
he
was
dead
,
or
left
any
Heir
to
succeed
him
)
his
Children
had
their
distinct
Territories
,
by
Right
of
Private
Dominion
.
had
his
Flocks
,
and
Pastures
for
them
,
had
his
Fields
for
Corn
,
and
the
Land
of
where
he
built
himself
a
City
.
Honour
thy
Father
Nullum
tempus
occurrit
regi
they
are
gods
no
King
that
Kings
shall
come
out
of
thee
.
MILTON
against
H.
GROTIUS
Arist. Pol. Lib. 4.
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 .
De
Cive
Regnum
Patrimoniale
Father
,
being
before
the
Institution
of
a
Commonwealth
,
was
Originally
an
Absolute
Sovereign
,
with
Power
of
Life
and
Death
,
a
great
Family
,
as
to
the
Rights
of
Sovereignty
,
is
a
little
Monarchy
.
Paternal
Government
All
that
will
come
together
All
that
have
Power
Democraty
by
Acquisition
Paternal
Democraty
Representative
Aristocratical
Representative
Aristocratical
Commonwealth
by
Conquest
acquiring
of
Right
of
Sovereignty
by
Victory
,
the
Right
is
acquired
in
the
Peoples
Submission
,
by
which
they
contract
with
the
Victor
,
Promising
Obedience
for
Life
and
Liberty
?
Weal
Publick
Bodin
de
Republica
Levelling
Community
Right
of
Nature
a
Liberty
for
each
man
to
use
his
own
Power
as
he
will
himself
for
Preservation
of
his
own
Life
:
a
Condition
of
War
of
every
one
against
every
one
,
a
Right
of
every
man
to
every
thing
,
even
to
one
anothers
Body
,
that
originally
the
Father
of
every
man
was
also
his
Sovereign
Lord
,
with
Power
over
him
of
Life
and
Death
.
it
was
never
generally
so
jus
naturae
Right
of
Nature
jus
naturale
Right
of
Nature
Mushroms
(
fungorum
more
)
they
all
on
a
sudden
were
sprung
out
of
the
Earth
without
any
Obligation
one
to
another
,
De
Cive
,
cap.
that
no
Son
can
be
understood
to
be
in
this
state
of
pure
Nature
:
a
State
of
War
of
all
men
against
all
men
the
Law
of
Nature
is
a
Rule
found
out
by
Reason
,
forbidding
a
man
to
do
that
which
is
destructive
to
his
Life
,
and
to
omit
that
by
which
he
thinks
it
may
be
best
preserved
:
Right
of
Nature
the
Law
of
Nature
If
other
men
will
not
lay
down
their
Right
as
well
as
he
,
then
there
is
no
Reason
for
any
to
devest
himself
of
his
:
Right
may
be
laid
aside
but
not
transferr'd
,
for
The
only
way
to
erect
a
Common
Power
or
a
Commonwealth
;
is
for
men
to
confer
all
their
Power
and
Strength
upon
one
man
,
or
one
Assembly
of
men
,
that
may
reduce
all
their
Wills
by
Plurality
of
Voices
to
one
Will
;
which
is
to
appoint
one
man
or
an
Assembly
of
men
to
bear
their
Person
,
to
submit
their
Wills
to
his
Will
:
this
is
a
real
Vnity
of
them
all
in
one
Person
,
made
by
Covenant
of
every
man
with
every
man
,
as
if
every
man
should
say
to
every
man
,
I
authorize
,
and
give
up
my
Right
of
Governing
my self
to
this
man
,
or
this
Assembly
of
men
,
on
this
Condition
,
that
thou
give
up
thy
Right
to
him
,
and
authorize
all
his
Actions
.
This
done
,
the
Multitude
so
united
in
one
Person
,
is
called
a
Commonwealth
.
in
Consideration
of
some
Right
reciprocally
transferred
to
himself
,
nor
can
he
hope
for
any
other
Good
,
by
standing
out
of
the
way
,
that
the
other
may
enjoy
his
own
Original
Right
,
without
hinderance
from
him
by
reason
of
so
much
Diminution
of
Impediments
,
pag.
saith
Mr.
Here
I
find
Mr.
is
much
mistaken
:
for
the
Liberty
of
the
was
a
Liberty
only
to
be
found
in
Popular
Estates
,
and
not
in
Monarchies
.
This
is
clear
by
who
calls
a
City
a
Community
of
Freemen
,
meaning
every
particular
Citizen
to
be
free
.
Not
that
every
particular
man
had
a
Liberty
to
resist
his
Governour
,
or
do
what
he
list
,
but
a
Liberty
only
for
particular
men
,
and
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
are
words
,
this
was
a
Liberty
not
to
be
found
in
Hereditary
Monarchies
;
so
mentioning
the
several
Governments
of
joyns
the
Consulship
and
Liberty
to
be
brought
in
by
because
by
the
annual
Election
of
Consuls
,
particular
Citizens
came
in
their
Course
to
govern
and
to
be
governed
.
This
may
be
confirmed
by
the
Complaint
of
our
Authour
,
which
followeth
:
Dominion
Paternal
not
attained
by
Generation
,
but
by
Contract
,
the
Childs
Consent
,
either
express
,
or
by
other
sufficient
Arguments
declared
.
Abraham's
Children
were
bound
to
obey
what
Abraham
should
declare
to
them
for
God's
Law
:
which
they
could
not
be
but
in
Vertue
of
the
Obedience
they
owed
to
their
Parents
Father
and
Master
being
before
the
Institution
of
Commonweals
Absolute
Sovereigns
in
their
own
Families
,
jus
naturae
De
Cive
,
cap.
the
Mother
originally
hath
the
Government
of
her
Children
,
and
from
her
the
Father
derives
his
Right
,
because
she
brings
forth
and
first
nourisheth
them
.
it
is
not
known
who
is
the
Father
to
the
Son
,
but
by
the
discovery
of
the
Mother
,
he
is
his
Son
whom
the
Mother
will
,
and
therefore
he
is
the
Mother's
:
Honour
thy
Father
and
thy
Mother
If
an
Assembly
of
all
that
will
come
together
be
a
Democratie
,
an
Assembly
of
a
part
only
an
Aristocratie
,
then
Commonwealth
to
be
one
Person
,
and
an
Assembly
of
men
,
or
real
Vnity
of
them
all
in
one
and
the
same
Person
,
the
multitude
so
united
he
calls
a
Commonwealth
The
Consent
of
a
Subject
to
Sovereign
Power
is
contained
in
these
words
,
I
Authorise
,
and
do
take
upon
me
all
his
Actions
,
in
which
there
is
no
restriction
at
all
of
his
own
former
natural
Liberty
.
I
give
up
my
Right
of
governing
my self
to
this
man
:
No
man
is
bound
by
the
words
themselves
of
his
Submission
to
kill
himself
,
or
any
other
man
,
and
consequently
that
the
Obligation
a
man
may
sometimes
have
upon
the
Command
of
the
Sovereign
to
execute
any
dangerous
or
dishonourable
Office
,
dependeth
not
on
the
words
of
our
Submission
,
but
on
the
Intention
,
which
is
to
be
understood
by
the
End
thereof
.
When
therefore
our
refusal
to
Obey
frustrates
the
End
for
which
the
Sovereignty
was
Ordained
,
then
there
is
no
liberty
to
refuse
:
otherwise
there
is
.
Intention
is
to
be
understood
by
the
End
A
great
many
men
together
have
already
resisted
the
Sovereign
Power
unjustly
,
or
committed
some
Capital
Crime
,
for
which
every
one
of
them
expecteth
death
:
whether
have
they
not
the
liberty
then
to
joyn
together
,
and
assist
and
defend
one
another
?
Certainly
they
have
;
for
they
but
defend
their
Lives
,
which
the
Guilty
man
may
as
well
do
as
the
Innocent
:
There
was
indeed
Injustice
in
the
first
breach
of
their
Duty
,
their
bearing
of
Arms
subsequent
to
it
,
though
it
be
to
maintain
what
they
have
done
,
is
no
new
unjust
Act
;
and
if
it
be
only
to
defend
their
Persons
,
it
is
not
unjust
at
all
.
To
resist
the
Sword
of
the
Commonwealth
in
defence
of
another
man
,
Guilty
or
Innocent
,
no
man
hath
Liberty
:
because
such
Liberty
takes
away
from
the
Sovereign
the
Means
of
protecting
us
,
and
is
therefore
destructive
of
the
very
Essence
of
Government
.
A
man
cannot
lay
down
the
Right
of
Resisting
them
that
assault
him
by
Force
to
take
away
his
Life
:
The
same
may
be
said
of
Wounds
,
Chains
,
and
Imprisonment
.
A
Covenant
to
defend
my self
from
Force
by
Force
,
is
void
.
Right
of
Defending
Life
and
Means
of
living
,
can
never
be
abandoned
.
The
Kingdom
of
God
signifies
a
Kingdom
constituted
by
the
Votes
of
the
People
of
in
a
peculiar
manner
,
wherein
they
choose
God
for
their
King
,
by
Covenant
made
with
him
,
upon
God's
promising
them
He
reigned
naturally
over
all
by
his
Might
.
They
have
rejected
me
that
I
should
reign
over
them
:
Moses
alone
had
,
next
under
God
,
the
Sovereignty
over
the
Israelites
,
Joshua
,
He
shall
stand
before
who
shall
ask
Counsel
for
him
before
the
Lord
,
Hobs
)
at
his
word
they
shall
go
out
,
Supreme
Power
of
making
Peace
and
War
was
in
the
Priest
.
Go
up
go
not
up
Go
up
go
not
up
a
King
is
he
who
hath
the
Supreme
Power
of
the
Kingdom
,
and
is
accountable
to
none
but
God
,
and
may
do
what
he
please
,
and
is
free
from
the
Laws
.
J.
M.
Power
was
therefore
given
to
a
King
by
the
People
,
that
he
might
see
by
the
Authority
to
him
committed
,
that
nothing
be
done
against
Law
:
and
that
he
keep
our
Laws
,
and
not
impose
upon
us
his
own
:
Therefore
there
is
no
Regal
Power
but
in
the
Courts
of
the
Kingdom
,
and
by
them
,
pag.
the
King
cannot
Imprison
,
Fine
or
punish
any
man
,
except
he
be
first
cited
into
some
Court
;
where
not
the
King
,
but
the
usual
Judges
give
Sentence
,
not
the
King
,
but
the
Authority
of
Parliament
doth
set
up
and
take
away
all
Courts
,
one
to
whom
the
People
give
Power
,
to
see
that
nothing
be
done
against
Law
:
no
Regal
Power
but
in
the
Courts
of
Justice
and
by
them
,
where
not
the
King
,
but
the
usual
Judges
give
Sentence
.
he
that
is
a
free
Citizen
in
one
City
,
is
not
so
in
another
City
.
no
Artificer
should
be
a
free
Citizen
,
or
have
Voice
in
a
well
ordered
Commonwealth
to
be
a
corrupted
sort
of
Government
many
men
by
Nature
born
to
be
Servants
,
and
not
fit
to
govern
as
any
part
of
the
People
.
few
Representors
of
the
whole
People
major
part
of
these
Representors
must
be
reckoned
for
the
whole
People
sounder
and
better
part
only
to
determine
who
is
a
Tyrant
,
he
leaves
to
Magistrates
,
at
least
to
the
uprighter
sort
of
them
and
of
the
People
,
though
in
number
less
by
many
▪
to
judge
as
they
find
cause
.
sounder
,
the
better
,
and
the
uprighter
When
thou
art
come
into
the
Land
which
thy
Lord
thy
God
giveth
thee
,
and
shalt
say
,
I
will
set
a
King
over
me
,
like
as
all
the
Nations
about
me
.
these
words
confirm
us
that
the
Right
of
Choosing
,
yea
of
Changing
their
own
Government
,
is
by
the
Grant
of
God
himself
in
the
People
:
God
himself
being
Witness
,
there
was
always
a
Power
in
the
People
,
either
to
use
what
Form
of
Government
they
pleased
,
or
of
changing
it
into
another
:
God
saith
this
expresly
of
the
and
denies
it
not
of
others
.
the
Israelites
desired
a
King
,
though
then
under
another
Form
of
Government
They
have
not
rejected
thee
;
but
they
have
rejected
me
,
that
I
should
not
reign
over
them
As
they
have
forsaken
me
,
so
do
they
also
unto
thee
.
He
shall
not
multiply
to
himself
Horses
,
nor
Wives
,
nor
Riches
,
that
he
might
understand
that
he
had
no
Power
over
others
,
who
could
Decree
nothing
of
himself
,
extra
Legem
I
will
set
a
King
over
me
like
as
all
the
Nations
about
me
.
To
set
a
King
,
set
him
King
whom
the
Lord
thy
God
shall
choose
.
now
make
us
a
King
to
judge
us
like
all
the
Nations
.
All
that
thou
commandest
us
we
will
do
,
and
whithersoever
thou
sendest
us
we
will
go
,
as
we
harkened
to
in
all
things
,
so
will
we
harken
unto
thee
:
only
the
Lord
thy
God
be
with
thee
as
he
was
with
for
like
Conditions
not
performed
,
all
Israel
deposed
Samuel
?
Samuel
had
governed
them
uprightly
His
Power
is
supreme
in
the
Kingdom
,
and
he
is
accountable
to
none
but
to
God
,
and
that
he
may
do
what
he
please
,
and
is
not
bound
by
Laws
:
when
he
hath
violated
all
divine
and
humane
Laws
,
nevertheless
he
is
a
King
,
and
guiltless
jure
Regio
.
Power
was
therefore
given
to
a
King
by
the
People
,
that
he
might
see
by
the
Authority
to
him
committed
,
that
nothing
be
done
against
Law
;
and
that
he
keep
our
Laws
,
and
not
impose
upon
us
his
own
:
therefore
there
is
no
Royal
Power
,
but
in
the
Courts
of
the
Kingdom
,
and
by
them
,
the
King
cannot
Imprison
,
Fine
or
Punish
any
man
except
he
be
first
cited
into
some
Court
,
where
not
the
King
but
the
usual
Judges
give
Sentence
,
not
the
but
the
Authority
of
doth
set
up
and
take
away
all
Courts
,
Power
to
see
that
nothing
be
done
against
Law
,
and
that
he
keep
our
Laws
,
and
not
impose
his
own
.
Aristotle
doth
mention
an
absolute
Kingdom
,
for
no
other
Cause
,
but
to
shew
how
absurd
,
unjust
and
most
tyrannical
it
is
.
King
according
to
Law
makes
no
sort
of
Government
Absolute
King
,
who
ruleth
according
to
his
own
Will.
pars
major
better
part
,
and
the
sounder
part
.
the
sounder
part
implored
the
help
of
the
Army
,
when
it
saw
it self
and
the
Commonwealth
betrayed
Souldiers
judged
better
than
the
Great
Council
,
and
by
Arms
saved
the
Commonwealth
,
which
the
Great
Council
had
almost
damned
by
their
Votes
,
the
sounder
part
;
of
which
the
Army
is
the
Judge
:
all
for
the
most
part
in
the
power
of
the
Peoples
choosing
what
Form
of
Government
they
please
,
The
Anarchy
a
Father
and
a
King
are
things
most
diverse
.
The
Father
begets
us
,
but
not
the
King
;
but
we
create
the
King
:
Nature
gives
a
Father
to
the
People
,
the
People
gives
themselves
a
King
:
If
the
Father
kill
his
Son
he
loseth
his
life
,
why
should
not
the
King
also
?
He
that
takes
away
from
the
People
the
power
of
Choosing
for
themselves
what
Form
of
Government
they
please
,
he
doth
take
away
that
wherein
all
Civil
Liberty
almost
consists
,
If
there
be
any
Statute
in
our
Law
,
by
which
thou
canst
find
that
Tyrannical
Power
is
given
to
a
King
,
that
Statute
being
contrary
to
Gods
Will
,
to
Nature
and
Reason
,
understand
that
by
that
general
and
primary
Law
of
ours
,
that
Statute
is
to
be
repealed
,
&
not
of
force
with
us
,
Covenant
with
and
his
Seed
,
with
all
the
Fowl
and
the
Cattel
,
not
to
destroy
the
Earth
any
more
by
a
flood
.
Thou
shalt
keep
my
Covenant
,
—
every
male-child
among
you
shall
be
circumcised
.
Jehojada
made
a
Covenant
between
the
Lord
,
and
the
King
,
and
the
People
,
that
they
should
be
the
Lords
People
.
King
also
and
the
People
Commanded
them
to
keep
a
Watch
of
the
Kings
House
,
and
that
they
should
compass
the
King
round
about
,
every
man
with
his
weapon
in
his
hand
,
and
he
that
cometh
within
the
Ranges
,
let
him
be
slain
.
Where
the
word
of
a
King
is
,
there
is
Power
,
and
who
may
say
unto
him
,
What
dost
thou
?
It
is
apparent
enough
,
that
the
Preacher
in
this
place
gives
Precepts
to
every
private
man
,
not
to
the
great
Sanhedrin
,
nor
to
the
Senate
—
shall
not
the
Nobles
,
shall
not
all
the
other
Magistrates
,
shall
not
the
whole
People
dare
to
mutter
,
so
oft
as
the
King
pleaseth
to
dote
?
J.
M.
Who
swears
to
a
King
,
unless
the
King
on
the
other
side
be
sworn
to
keep
Gods
Laws
,
and
the
Laws
of
the
Countrey
?
A
Tyrant
is
he
,
who
regarding
neither
Law
nor
the
Common
Good
,
reigns
only
for
himself
and
his
Faction
He
is
a
Tyrant
who
looks
after
only
his
own
,
and
not
his
Peoples
profit
.
Not
to
regard
the
Common
Good
,
but
to
reign
only
for
himself
,
the
despotical
Power
cannot
be
preserved
,
except
the
Servant
,
or
he
in
subjection
,
be
also
preserved
.
Thou
shalt
not
revile
the
Gods
,
nor
curse
the
Ruler
of
thy
People
:
Contesting
for
Priviledges
,
Customs
,
Forms
,
and
that
old
entanglement
of
Iniquity
,
their
gibrish
Laws
,
are
the
Badges
of
ancient
Slavery
.
a
Disputing
Presidents
,
Forms
and
Circumstances
,
If
at
any
time
our
Fore-fathers
,
out
of
baseness
,
have
lost
any
thing
of
their
Right
,
that
ought
not
hurt
us
;
they
might
if
they
would
promise
Slavery
for
themselves
,
for
us
certainly
they
could
not
,
who
have
always
the
same
Right
to
free
our selves
,
that
they
had
to
give
themselves
to
any
man
in
Slavery
.
J.
M.
he
that
takes
away
from
the
People
the
Right
of
Choosing
what
Form
of
Government
they
please
,
takes
away
truly
that
in
which
all
Liberty
doth
almost
consist
.
J.
M.
Civilians
,
Canonists
,
Politicians
Jus
Naturae
,
Jus
Gentium
Jus
Civile
Jus
Civile
that
which
Nature
hath
taught
all
Creatures
,
quod
Natura
omnia
animalia
docuit
,
Grotius
,
Salmasius
men
using
Reason
Law
of
Nations
Jus
Naturale
est
commune
omnium
Nationum
:
That
which
Natural
Reason
appoints
all
men
to
use
,
is
the
Law
of
Nations
,
Instit.
cap.
By
the
Law
of
Nature
all
men
are
born
free
;
Jure
naturali
omnes
liberi
nascuntur
.
Servitude
is
by
the
Law
of
Nations
:
Jure
Gentium
Servitus
invasit
,
was
brought
in
by
the
Law
of
Nations
,
Ex
jure
gentium
introducta
bella
,
Since
Nature
hath
made
us
all
of
one
Kindred
,
it
follows
it
is
not
lawful
for
one
man
to
lye
in
wait
for
another
.
Cùm
inter
nos
cognitionem
quandam
natura
constituit
,
consequens
est
hominem
homini
insidiari
nefas
esse
,
from
the
Law
of
Nature
proceeds
the
Conjunction
of
man
and
woman
,
the
Procreation
and
Education
of
Children
.
Religion
to
God
,
and
Obedience
to
Parents
by
the
Law
of
Nations
Canon
Law
men
are
governed
either
by
the
Law
of
Nature
,
or
by
Customs
.
Homines
reguntur
Naturali
jure
,
aut
moribus
.
Law
of
Nations
the
Customs
a
humane
Law
;
Leges
aut
divinae
sunt
aut
humanae
;
divinae
naturâ
,
humanae
moribus
constant
.
Naturale
,
aut
Civile
,
aut
Gentium
.
all
things
at
first
were
common
,
all
men
were
equal
Community
of
all
things
an
Equality
of
all
Persons
Natural
Law
of
Nations
an
Humane
Law
of
Nations
Grotius
.
The
Law
of
Nature
is
the
Dictate
of
Reason
,
shewing
that
in
every
Action
by
the
agreeing
or
disagreeing
of
it
with
natural
Reason
,
there
is
a
moral
Honesty
or
Dishonesty
,
and
consequently
that
such
an
Action
is
commanded
or
forbidden
by
God
the
Author
of
Nature
.
the
Law
of
Nature
is
contained
in
the
Law
and
the
Gospel
:
Whatsoever
ye
will
that
men
do
,
T.
Aquinas
The
Gentiles
which
have
not
the
Law
,
do
by
Nature
the
things
contained
in
the
Law
,
these
having
not
the
Law
are
a
Law
unto
themselves
:
Common
,
or
Civil
Laws
in
infinitum
Common
Laws
De
Jure
Belli
&
Pacis
Appetite
of
Society
,
that
is
to
say
,
of
Community
,
is
an
Action
proper
to
man
.
some
other
Creatures
are
found
to
desire
Society
this
Desire
of
Society
in
brute
Beasts
,
comes
from
some
external
Principle
.
the
keeping
of
Society
(
custodia
Societatis
)
which
in
a
rude
manner
we
have
now
expressed
,
is
the
fountain
of
that
Law
which
is
properly
so
called
.
Sociable
Community
the
Law
of
Nature
stand
to
bargains
,
Juris
naturae
sit
stare
pactis
.
from
this
signification
of
the
Law
there
hath
flowed
another
larger
,
in
Discerning
what
delights
us
or
hurts
us
,
and
in
judging
how
things
should
be
wisely
distributed
to
each
one
.
looser
Law
of
Nature
Jus
Sociale
,
the
Law
of
Nature
,
strictly
,
or
properly
taken
.
And
these
two
Laws
of
Nature
should
have
place
though
men
should
deny
there
were
a
a
God
.
But
to
them
that
believe
there
is
a
God
,
there
is
another
Original
of
Law
,
beside
the
Natural
,
coming
from
the
free
Will
of
God
,
to
the
which
our
own
Vnderstanding
tells
us
we
must
be
subject
.
Latiùs
patens
,
Seu
Jus
Gentium
.
Arctiùs
patens
,
Seu
Paternum
,
Seu
Herile
.
Jus
Naturae
propriè
dictum
quod
laxius
ita
dicitur
the
Actions
about
which
the
Law
of
Nature
is
conversant
,
are
lawful
or
unlawful
of
themselves
,
and
therefore
are
necessarily
commanded
or
forbidden
by
God
:
by
which
mark
this
Law
of
Nature
doth
not
only
differ
from
humane
Law
,
but
from
the
Divine
voluntary
Law
,
which
doth
not
command
or
forbid
those
things
,
which
of
themselves
,
and
by
their
own
nature
are
lawful
or
unlawful
,
but
makes
them
unlawful
by
forbidding
them
,
and
due
by
commanding
them
:
Law
of
Nature
Gods
Voluntary
Law
Salmasius
de
Vsuris
Law
of
Nature
deals
not
only
with
those
things
which
are
beside
the
Will
of
Man
,
but
also
with
many
things
which
follow
the
act
of
Man's
Will
:
so
Dominion
,
such
as
is
now
in
Vse
,
mans
Will
brought
in
;
but
now
that
it
is
brought
in
,
it
is
against
the
Law
of
Nature
,
to
take
that
from
thee
against
thy
will
,
which
is
in
thy
Dominion
.
Law
of
Nature
is
so
immutable
,
that
it
cannot
be
changed
by
God
himself
.
Some
things
are
by
the
Law
of
Nature
,
but
not
simply
,
but
according
to
the
certain
state
of
things
;
so
the
common
use
of
things
was
natural
as
long
as
Dominion
was
not
brought
in
;
and
Right
for
every
man
to
take
his
own
by
Force
,
before
Laws
were
made
.
but
not
simply
,
but
according
to
the
certain
State
of
Things
,
but
not
immutably
,
but
for
a
certain
Time
.
Some
things
are
by
the
Law
of
Nature
,
but
not
immutably
,
but
for
a
certain
time
.
the
common
Vse
of
Things
was
natural
so
long
as
Dominion
was
not
brought
in
:
By
the
Law
of
Nature
it
was
right
for
every
man
to
take
his
own
by
force
,
before
Laws
made
,
Law
of
Nature
Jus
Humanum
voluntarium
latius
patens
the
Law
of
Nations
,
which
by
the
Will
of
All
,
or
Many
Nations
,
hath
received
a
power
to
bind
,
of
Many
,
because
there
is
,
scarce
any
Law
to
be
found
common
to
all
Nations
,
besides
the
Law
of
Nature
;
which
also
is
wont
to
be
called
the
Law
of
Nations
,
being
common
to
all
Nations
.
That
is
the
Law
in
one
part
of
the
World
,
which
in
another
part
of
the
World
is
not
the
Law
of
Nations
.
the
Law
of
Nations
such
things
as
belong
to
the
mutual
Society
of
Nations
among
themselves
,
God
immediately
after
the
Creation
did
bestow
upon
Mankind
in
general
a
Right
over
things
of
inferiour
Nature
—
From
whence
it
came
to
pass
,
that
presently
every
man
might
snatch
what
he
would
for
his
own
Vse
,
and
spend
what
he
could
,
and
such
an
Vniversal
Right
was
then
instead
of
Property
;
for
what
every
one
so
snatched
,
another
could
not
take
from
him
but
by
Injury
.
Adam
by
Donation
from
God
was
made
the
general
Lord
of
all
things
,
not
without
such
a
private
Dominion
to
himself
,
as
(
without
his
Grant
)
did
exclude
his
Children
:
and
by
Donation
and
Assignation
,
or
some
kind
of
Cession
(
before
he
was
dead
,
or
left
any
Heir
to
succeed
him
)
his
Children
had
their
distinct
Territories
by
Right
of
private
Dominion
:
had
his
Flocks
and
Pastures
for
them
had
his
Fields
for
Corn
,
and
the
Land
of
where
he
built
himself
a
City
.
neither
the
Law
of
Nature
,
nor
the
Divine
Law
,
do
command
or
forbid
either
Communion
of
all
things
or
private
Dominion
,
but
permitteth
both
.
Adam
,
Gen.
subduing
of
the
Earth
,
and
a
Dominion
over
the
Creatures
,
The
fear
of
you
shall
be
upon
the
creatures
,
and
into
your
hands
are
they
delivered
Every
moving
thing
shall
be
meat
for
you
,
as
the
green
herb
.
Adam
Dominion
Adam
received
it
from
God
,
à
Numine
acceperat
:
We
meet
with
evident
footsteps
of
the
Community
of
things
in
that
donation
of
God
,
by
which
and
his
three
Sons
are
made
Domini
pro
indiviso
rerum
omnium
.
In
distributing
Territories
the
consent
,
as
it
were
,
of
Mankind
(
passing
their
promise
,
which
should
also
bind
their
Posterity
)
did
intervene
,
so
that
men
departed
from
their
common
Right
of
Communion
of
those
things
which
were
so
distributed
to
particular
Lords
or
Masters
.
Community
a
pristine
Right
Noah
himself
,
as
Lord
of
all
,
was
Author
of
the
Distribution
of
the
World
,
and
of
private
Dominion
,
and
that
by
the
appointment
of
an
Oracle
from
God
,
he
did
confirm
this
Distribution
by
his
last
Will
and
Testament
,
which
at
his
Death
he
left
in
the
hands
of
his
eldest
Son
and
also
warned
all
his
Sons
,
that
none
of
them
should
invade
any
of
their
Brothers
Dominions
,
or
injure
one
another
,
because
from
thence
Discord
and
Civil
War
would
necessarily
follow
.
de
Jure
Belli
&
Pacis
Of
the
War
of
Subjects
against
Superiours
;
Grotius
Whether
the
Law
of
not
resisting
Superiours
,
do
bind
us
in
most
grievous
and
most
certain
danger
?
this
Law
of
not
resisting
Superiours
,
seems
to
depend
upon
the
Will
of
those
men
who
at
first
joyned
themselves
in
a
Civil
Society
,
from
whom
the
Right
of
Government
doth
come
to
them
that
govern
;
if
those
had
been
at
first
asked
,
if
their
Will
were
to
impose
this
burthen
upon
all
,
that
they
should
chuse
rather
to
dye
,
than
in
any
case
by
Arms
to
repel
the
Force
of
Superiours
;
I
know
not
whether
they
would
answer
,
That
it
was
their
Will
,
unless
perhaps
with
this
addition
,
if
Resistance
cannot
be
made
but
with
the
great
disturbance
of
the
Common-wealth
,
and
destruction
of
many
Innocents
.
any
man
shall
say
,
that
this
rigid
Doctrine
of
dying
,
rather
than
resisting
any
Injuries
of
Superiours
,
is
no
humane
,
but
a
Divine
Law
:
It
is
to
be
noted
,
that
men
at
first
,
not
by
any
Precept
of
God
,
but
of
their
own
Accord
,
led
by
Experience
of
the
Infirmities
of
separated
Families
against
Violence
,
did
meet
together
in
Civil
Society
,
from
whence
Civil
Power
took
beginning
,
which
therefore
St.
calls
an
humane
Ordinance
,
although
elsewhere
it
be
called
a
divine
Ordinance
,
because
God
approveth
the
wholesom
Institutions
of
men
;
God
in
approving
a
humane
Law
is
to
be
thought
to
approve
it
as
humane
,
and
in
a
humane
manner
.
if
the
Question
happen
to
be
concerning
the
primitive
Will
of
the
People
,
it
will
not
be
amiss
for
the
People
that
now
are
,
and
which
are
accounted
the
same
with
them
that
were
long
ago
,
to
express
their
meaning
,
in
this
matter
,
which
is
to
be
followed
,
unless
it
certainly
appear
,
that
the
People
long
ago
willed
otherwise
.
The
greater
the
thing
is
which
is
to
be
preserved
,
the
greater
is
the
Equity
which
reacheth
forth
an
Exception
against
the
words
of
the
Law
:
yet
I
dare
not
Grotius
)
without
Difference
condemn
either
simple
men
or
a
lesser
part
of
the
People
,
who
in
the
last
Refuge
of
Necessity
,
do
so
use
this
Equity
,
as
that
in
the
mean
time
,
they
do
not
forsake
the
Respect
of
the
common
Good
.
the
Empire
which
is
exercised
by
Kings
,
doth
not
cease
to
be
the
Empire
of
the
People
;
that
Kings
who
in
a
lawful
Order
succeed
those
who
were
elected
,
have
the
supreme
Power
by
an
usufructuary
Right
only
,
and
no
Propriety
.
the
People
may
chuse
what
Form
of
Government
they
please
,
and
their
Will
is
the
Rule
of
Right
.
the
People
chusing
a
King
may
reserve
some
Acts
to
themselves
,
and
may
bestow
others
upon
the
King
,
with
full
Authority
,
if
either
an
express
Partition
be
appointed
,
or
if
the
People
being
yet
free
,
do
command
their
future
King
,
by
way
of
a
standing
Command
,
or
if
any
thing
be
added
by
which
it
may
be
understood
,
that
the
King
may
be
compelled
or
else
punished
.
rejects
the
Opinion
of
them
,
who
every
where
and
without
Exception
will
have
the
chief
Power
to
be
so
the
Peoples
,
that
it
is
lawful
for
them
to
compel
and
punish
Kings
as
oft
as
they
misuse
their
Power
this
Opinion
if
it
be
altogether
received
,
hath
been
and
may
be
the
cause
of
many
Evils
.
every
where
without
Exception
negative
Repugnant
That
in
some
places
with
Exception
,
and
in
some
sort
the
People
may
compel
and
punish
their
Kings
.
That
People
may
correct
It
is
lawful
for
every
man
to
yield
himself
to
be
a
private
Servant
to
whom
he
please
.
What
should
hinder
,
but
that
also
it
may
be
lawful
for
a
free
People
so
to
yield
themselves
to
one
or
more
,
that
the
Right
of
governing
them
be
fully
set
over
without
retaining
any
part
of
the
Right
?
And
you
must
not
say
,
That
this
may
not
be
presumed
;
for
we
do
not
now
seek
,
what
in
a
doubtful
case
may
be
presumed
,
but
what
by
Right
may
be
done
.
the
People
may
grant
away
their
Power
without
retaining
any
part
.
it
is
the
Will
and
Meaning
of
the
first
People
that
joyned
in
Society
,
he
that
ordains
,
is
above
him
that
is
ordained
.
Grotius
non
Dei
praecepto
,
sed
sponte
,
as
little
Power
as
they
will
,
and
for
as
little
time
as
they
please
,
that
they
may
make
temporary
Kings
,
as
Directors
and
Protectors
:
jus
quovis
tempore
revocabile
,
id
est
,
precarium
Tutors
who
are
set
over
Pupils
may
be
removed
,
if
they
abuse
their
power
.
Grotius
In
Tutore
hoc
procedit
qui
superiorem
habet
,
at
in
Imperiis
quia
progressus
non
datur
in
infinitum
,
omnino
in
aliqua
persona
aut
coetu
consistendum
est
:
We
must
stay
in
some
one
Person
,
or
in
a
Multitude
,
whose
faults
(
because
they
have
no
superiour
Judge
above
them
)
God
hath
witnessed
that
he
will
have
a
particular
care
of
,
either
to
revenge
them
,
if
he
judge
it
needful
,
or
to
tolerate
them
,
either
for
Punishment
,
or
Tryal
of
the
People
.
in
infinitum
the
natural
freedom
and
community
of
all
things
natural
and
private
Dominion
of
Adam
,
Whether
Kings
have
a
fatherly
Power
over
their
Subjects
,
but
how
Kings
came
first
by
it
.
Grotius
naturally
no
other
can
be
found
,
but
the
Parents
to
whom
the
Government
should
belong
,
and
the
Right
of
Ruling
and
Compelling
them
doth
belong
to
Parents
.
until
they
do
separate
,
but
,
until
they
be
separated
the
power
of
the
Fathers
over
the
Sons
and
Daughters
,
to
dissolve
their
Vows
,
was
not
perpetual
,
but
during
the
time
only
whilst
the
Children
were
part
of
the
Fathers
Family
.
Imperfect
Judgment
Perfect
Judgment
whilst
the
Son
remains
part
of
the
Father's
Family
.
the
time
after
he
hath
departed
out
of
his
Father's
Family
.
All
the
actions
of
Children
are
under
the
dominion
of
the
Parents
.
when
they
are
of
the
age
of
mature
Judgment
,
they
are
under
their
Father's
command
in
those
actions
only
,
which
are
of
moment
for
their
Parents
Family
.
In
other
actions
the
Children
have
a
power
or
moral
faculty
of
doing
,
but
they
are
bound
in
those
also
to
study
always
to
please
their
Parents
.
But
since
this
Duty
is
not
by
force
of
any
moral
faculty
,
as
those
former
are
,
but
only
of
Piety
,
Observance
,
and
Duty
of
repaying
Thanks
;
it
doth
not
make
any
thing
void
which
is
done
against
it
,
as
neither
a
gift
of
any
thing
is
void
,
being
made
by
any
Owner
whatsoever
,
against
the
rules
of
Parsimony
.
In
both
these
times
,
the
Right
of
Ruling
and
Compelling
is
comprehended
so
far
forth
as
Children
are
to
be
compelled
to
their
Duty
,
or
amended
;
although
the
power
of
a
Parent
doth
so
follow
the
person
of
a
Father
,
that
it
cannot
be
pulled
away
,
and
transferred
upon
another
,
yet
the
Father
may
naturally
pawn
,
or
also
sell
his
Son
,
if
there
be
need
.
The
Son
is
in
all
things
Free
,
and
of
his
own
Authority
:
always
that
Duty
remaining
of
Piety
and
Observance
,
the
cause
of
which
is
perpetual
.
in
all
cases
Children
are
bound
to
study
always
to
please
their
Parents
out
of
Piety
and
Duty
,
the
cause
of
which
,
is
perpetual
the
power
of
the
Father
was
greater
over
the
Daughter
dwelling
with
him
,
than
over
the
Son
;
for
her
Vow
he
might
make
void
,
but
not
his
:
the
power
over
the
Son
or
Daughter
to
dissolve
Vows
,
was
not
perpetual
,
but
did
endure
as
long
as
the
Children
were
a
part
of
their
Fathers
Family
.
Supreme
Power
full
Right
of
Propriety
Vsufructuary
Right
Temporary
Right
had
Supreme
Power
by
a
Temporary
Right
;
as
well
those
Kings
who
are
first
Elected
,
as
those
that
in
a
lawful
Right
succeed
to
Kings
elected
,
have
Supreme
Power
by
an
usufructuary
Right
:
some
Kings
that
have
got
Supreme
Power
by
a
just
War
,
or
into
whose
Power
some
People
,
for
avoiding
a
greater
Evil
,
have
so
yielded
themselves
,
as
that
they
have
excepted
nothing
,
have
a
full
Right
of
Propriety
.
a
King
may
obtain
a
full
Right
of
Propriety
in
a
Kingdom
:
That
is
,
either
by
a
just
War
,
or
by
Donation
of
the
People
.
is
no
Title
of
a
Kingdom
,
which
gives
a
Form
to
the
Kingdom
,
but
a
Continuation
of
the
old
;
for
the
Right
which
began
by
the
Election
of
the
Family
,
is
continued
by
Succession
;
wherefore
,
so
much
as
the
first
Election
gave
,
so
much
the
Succession
brings
.
the
Cases
are
alike
,
he
that
is
in
Possession
is
in
the
better
condition
;
In
pari
causa
possidentis
melior
conditio
.
Vbi
Judicia
deficiunt
incipit
Bellum
De
Jure
Belli
by
a
just
War
a
man
may
become
a
King
,
when
some
People
,
for
avoiding
a
greater
Evil
,
do
so
yield
themselves
into
anothers
Power
,
as
that
they
do
except
nothing
.
Just
War
Donation
of
the
People
per
dures
Expletive
Justice
,
Justitiam
Expletricem
when
a
man
cannot
obtain
what
he
ought
,
he
takes
that
which
is
as
much
in
value
,
which
in
moral
Estimation
is
the
same
.
It
may
also
happen
that
a
Father
of
a
Family
possessing
large
Territories
,
will
not
receive
any
man
to
dwell
within
his
Land
upon
any
other
condition
.
all
Kings
are
not
made
by
the
People
,
which
may
be
sufficiently
understood
by
the
Example
of
a
Father
of
a
Family
receiving
Strangers
under
the
Law
of
Obedience
.
a
Father
of
a
Family
may
be
an
absolute
King
over
Strangers
,
without
Choice
of
the
People
Dominion
came
in
by
the
Will
of
the
People
Vsufructuary
Kings
the
Law
of
Obeying
,
or
Resisting
Princes
,
depends
upon
the
Will
of
them
who
first
met
in
Civil
Society
,
from
whom
Power
doth
flow
to
Kings
.
men
of
their
own
accord
came
together
into
Civil
Society
,
from
whence
springs
Civil
Power
,
and
the
People
may
chuse
what
Form
of
Government
they
please
.
Vsufructuary
Right
Vsufructuary
Right
fungible
things
(
res
fungibles
Vsufructuary
Right
Vsufructuary
Right
The
Empire
which
is
exercised
by
Kings
,
doth
not
cease
to
be
the
Empire
of
the
People
.
Vnum
quiddam
,
and
in
it self
indivisible
,
Sometimes
it
may
be
divided
either
by
parts
potential
,
or
subjunctive
.
It
may
be
,
the
People
chusing
a
King
,
may
reserve
some
Actions
to
themselves
,
and
in
others
they
may
give
full
power
to
the
King
.
Lud.
Molina
De
Justitia
Si
aliquis
de
cohabitantibus
If
one
of
the
Neighbours
will
not
give
his
Consent
to
it
,
the
Commonwealth
should
have
no
Authority
over
him
,
because
then
every
other
man
hath
no
Right
or
Authority
over
him
,
and
therefore
can
they
not
give
Authority
to
the
Commonwealth
over
him
.
That
by
the
Law
of
Nature
all
things
were
at
first
Common
after
Propriety
was
brought
in
,
it
was
against
the
Law
of
Nature
to
use
Community
Treatise
of
Monarchy
nature
,
kinds
,
causes
Monarchy
in
general
particular
Monarchy
several
sorts
Government
is
in
One
,
or
in
a
Few
,
or
in
Many
.
That
the
People
have
Originally
a
Power
to
create
several
sorts
of
Monarchy
,
to
limit
and
compound
them
with
other
Forms
of
Government
,
at
their
pleasure
.
Of
the
Limitation
and
Mixture
of
Monarchy
,
Popery
,
is
the
alienating
and
withdrawing
of
Subjects
from
their
Obedience
to
their
Prince
,
to
raise
Sedition
and
Rebellion
:
We
have
a
Form
of
Government
now
,
true
Grounds
Principles
of
Government
Mixed
Monarchy
of
the
Kingdom
of
is
a
the
Mixture
of
Government
is
more
accurately
delivered
and
urged
by
this
Treatise
than
by
the
Author
of
the
Fuller
Answer
.
distinction
of
Monarchy
into
Limited
and
Mixed
.
Limited
and
Mixed
Monarchy
New
England
Mixed
Government
Mixed
Monarchy
A
Treatise
of
Monarchy
Of
Monarchy
in
general
Absolute
Monarchy
A
Monarchy
is
the
Government
of
one
alone
.
govern
and
rule
one
alone
the
exercise
of
a
moral
power
every
Monarch
must
have
the
supreme
Power
of
the
State
in
him
,
so
that
his
Power
must
no
way
be
limited
by
any
power
above
his
for
then
he
were
not
a
Monarch
,
but
a
subordinate
Magistrate
.
limited
Monarch
supreme
Power
Supreme
Power
is
either
Legislative
,
or
Gubernative
,
and
that
the
Legislative
power
is
the
chief
of
the
two
The
power
of
Magistracy
,
in
respect
of
its
degrees
,
is
Nomothetical
or
Architectonical
Gubernative
or
Executive
Legislative
,
Nomothetical
a
power
of
making
Laws
power
of
putting
those
Laws
in
execution
,
by
judging
and
punishing
offenders
.
the
Legislative
to
be
chief
,
or
the
highest
degree
of
power
,
the
Legislative
power
is
the
height
of
power
,
to
which
the
other
parts
are
subsequent
and
subservient
:
Limited
Monarch
in
a
moderated
,
limited
,
stinted
,
conditionate
,
legal
or
allayed
Monarchy
the
supreme
Power
must
be
restrained
by
some
Law
according
to
which
this
power
was
given
,
by
direction
of
which
this
power
must
act
the
Monarchs
power
must
not
be
limited
by
any
power
above
his
:
If
his
Authority
transcends
its
bounds
,
if
it
command
beyond
the
Law
,
the
Subject
is
not
bound
legally
to
subjection
in
such
cases
,
if
the
utmost
extent
of
the
Law
of
the
Land
be
the
measure
of
the
limited
Monarchs
power
,
and
Subjects
duty
Apex
potestatis
,
that
prime
must
be
in
every
Monarch
principality
and
power
principium
,
beginning
primum
mobile
solus
,
one
alone
He
is
no
Monarch
,
if
the
supreme
Power
be
not
in
one
.
If
you
put
the
or
supreme
Power
in
the
whole
body
,
or
a
part
of
it
,
you
destroy
the
being
of
Monarchy
.
In
a
mixed
Monarchy
the
Soveraign
power
must
be
originally
in
all
three
Estates
.
The
three
Estates
are
all
sharers
in
the
supreme
Power
—
the
primity
of
share
in
the
supreme
Power
is
in
One.
supreme
Power
,
or
or
a
part
of
it
,
in
the
whole
body
,
or
a
part
thereof
the
power
of
Magistracy
cannot
well
be
divided
,
for
it
is
one
simple
thing
,
or
indivisible
beam
of
Divine
perfection
:
solus
,
alone
Monarch
limited
by
Law
his
Monarch
mixed
with
the
States
.
It
is
Gods
express
Ordinance
there
should
be
Government
,
Adam
to
rule
over
his
wife
,
and
her
desires
were
to
be
subject
to
his
honour
thy
Father
All
that
thou
commandest
us
we
will
do
;
whosoever
he
be
that
doth
rebel
against
thy
commandment
,
and
will
not
hearken
unto
thy
words
in
all
that
thou
commandest
him
,
he
shall
be
put
to
death
:
power
is
conveyed
to
persons
by
publick
consent
,
supreme
Power
was
originally
in
the
Fatherhood
without
any
limitation
,
may
men
according
to
their
relations
to
the
form
they
live
under
,
to
their
affections
and
judgments
in
divers
respects
,
prefer
or
compare
any
other
form
with
Monarchy
.
an
absurdity
would
follow
,
that
we
should
uncharitably
condemn
all
the
Communities
which
have
not
that
form
,
for
violation
of
Gods
Ordinance
,
and
pronounce
those
other
Powers
unlawful
.
d.
page
The
Higher
Power
is
Gods
Ordinance
:
That
it
resideth
in
One
or
more
,
in
such
or
such
a
way
,
is
from
humane
designment
;
God
by
no
word
binds
any
people
to
this
or
that
form
,
till
they
by
their
own
act
bind
themselves
.
originally
Power
was
,
or
now
is
in
the
People
,
the
first
Kings
were
chosen
by
the
People
:
whole
multitude
of
mankind
major
part
by
presumption
natural
liberty
major
part
major
part
major
part
major
part
whole
people
major
part
free
by
nature
natural
freedom
natural
freedom
of
mankind
the
whole
major
part
Poland
,
Denmark
That
the
people
have
no
power
or
right
of
themselves
to
chuse
Kings
.
If
they
had
any
such
right
,
it
is
not
possible
for
them
any
way
lawfully
to
exercise
it
.
There
must
necessarily
be
a
right
in
some
body
to
elect
,
in
case
a
King
die
without
an
Heir
.
No
King
can
die
without
an
Heir
,
as
long
as
there
is
any
one
man
living
in
the
world
.
all
the
Children
of
Israel
all
the
Congregation
All
Israel
to
the
Captains
,
the
Judges
,
and
to
every
Governour
,
the
Elders
of
Israel
the
chief
of
the
Fathers
of
the
Children
of
Israel
,
Arist.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
A
Monarchy
or
Kingdom
will
be
a
fatherly
government
.
Ethic.
l.
natural
freedom
of
the
People
Honour
thy
Father
Power
or
right
of
Government
form
of
the
power
of
governing
,
the
person
having
that
power
habit
.
Adam
coactive
power
directive
power
These
are
the
Families
of
the
Sons
of
after
their
generations
in
their
Nations
,
and
by
these
were
the
Nations
divided
in
the
Earth
after
the
floud
:
Every
one
after
in
their
Nations
major
part
diffusively
,
collectively
Absolute
Monarchy
when
the
Sovereignty
is
so
fully
in
one
,
that
it
hath
no
limits
or
bounds
under
God
but
his
own
will
.
absolute
Monarchy
such
were
the
ancient
Eastern
Monarchies
,
and
that
of
the
Turk
and
Persian
at
this
day
.
Eastern
Monarchies
Absolute
Monarchy
is
,
when
a
people
are
absolutely
resigned
up
,
or
resign
up
themselves
to
be
governed
by
the
will
of
One
man
.
Where
men
put
themselves
into
this
utmost
degree
of
subjection
by
oath
and
contract
,
or
are
born
and
brought
unto
it
by
Gods
providence
.
the
sole
mean
or
root
of
all
Sovereignty
,
is
the
consent
and
fundamental
contract
of
a
Nation
of
men
.
Absolute
Monarchy
is
a
lawful
Government
,
and
that
men
may
be
born
and
brought
unto
it
by
Gods
providence
;
it
binds
them
,
and
they
must
abide
it
,
because
an
Oath
to
a
lawful
thing
is
obligatory
.
the
power
which
then
was
,
was
Absolute
:
yet
the
Apostle
not
excluding
it
,
calls
it
and
commands
Subjection
to
it
.
So
Christ
commands
Tribute
to
be
paid
,
and
pays
it
himself
;
yet
it
was
an
arbitrary
tax
,
the
production
of
an
absolute
power
.
absolute
subjection
is
servitude
to
make
a
King
by
the
standard
of
Gods
word
,
is
to
make
the
Subjects
slaves
for
conscience
sake
.
Judah
for
Tyrants
Subjects
were
slaves
Aristotle
,
Bodin
Walter
Raleigh
of
absolute
Monarchy
they
be
absolute
limited
Monarchs
alter
a
Law
humane
Laws
An
after-condescent
or
Act
of
grace
doth
not
dissolve
the
absolute
Oath
of
subjection
which
went
before
it
an
Oath
only
binds
to
subjection
,
take
oath
the
rule
of
power
and
the
exercise
of
it
to
rule
to
exercise
Government
is
the
exercise
of
a
moral
power
.
a
Monarch
cannot
break
his
promise
without
sin
breaking
of
the
promise
safety
of
the
People
this
limitation
or
Law
to
be
from
some
body
else
,
and
not
from
the
determination
of
the
Monarchs
own
will
By
original
constitution
the
Society
publick
confers
on
one
man
a
power
by
limited
contract
,
resigning
themselves
to
be
governed
by
such
a
Law
:
the
sole
means
of
Soveraignty
is
the
consent
and
fundamental
contract
;
which
consent
puts
them
in
their
power
,
which
can
be
no
more
nor
other
than
is
conveyed
to
them
by
such
contract
of
subjection
.
A
Monarch
may
be
limited
by
after-condescent
?
all
one
it
is
a
secondary
original
constitution
a
second
first
formally
,
or
virtually
desert
his
absolute
or
arbitrary
power
which
he
hath
by
conquest
,
or
other
right
.
Subjection
cannot
be
dissolved
or
lessen'd
by
an
Act
of
grace
coming
afterwards
:
Acts
of
grace
to
be
of
two
kinds
,
and
the
latter
kind
may
amount
to
a
resignation
of
absolute
Monarchy
.
Limited
Monarchy
A
limited
Monarch
transcends
his
bounds
,
if
he
commands
beyond
the
Law
;
and
the
Subject
legally
is
not
bound
to
subjection
in
such
cases
.
There
is
an
impossibility
of
constituting
a
Judge
to
determine
this
last
Controversie
—
I
conceive
in
a
limited
legal
Monarchy
there
can
be
no
stated
internal
Judge
of
the
Monarchs
actions
,
if
there
grow
a
fundamental
variance
between
him
and
the
Community
.
There
can
be
no
Judge
legal
and
constituted
within
that
form
of
Government
.
The
King
commands
me
,
or
gives
judgment
against
me
:
His
commands
are
illegal
,
and
his
judgment
not
according
to
Law
:
If
the
Monarch
himself
judge
,
then
you
destroy
the
frame
of
the
State
,
and
make
it
absolute
,
to
confine
a
Monarch
to
a
Law
,
and
then
to
make
him
judge
of
his
own
deviaions
from
that
Law
,
is
to
absolve
him
from
all
Law
.
if
any
,
or
all
the
people
may
judge
,
then
you
put
the
Soveraignty
in
the
whole
body
,
or
part
of
it
,
and
destroy
the
being
of
Monarchy
.
limited
Monarchy
all
Government
a
Subject
is
bound
to
yield
to
a
Magistrate
,
when
he
cannot
challenge
obedience
,
if
it
be
in
a
thing
in
which
he
can
possibly
without
subversion
,
and
in
which
his
act
may
not
be
made
a
leading
case
,
and
so
bring
on
a
prescription
against
publick
liberty
.
If
the
act
in
which
the
exorbitance
or
transgression
of
the
Monarch
is
supposed
to
be
,
be
of
lesser
moment
,
and
not
striking
at
the
very
being
of
that
Government
,
it
ought
to
be
born
by
publick
patience
,
rather
than
to
endanger
the
being
of
the
State
.
If
the
will
of
the
Monarch
exceed
the
limits
of
the
Law
,
it
ought
to
be
submitted
to
,
so
it
be
not
contrary
to
God's
Law
,
nor
bring
with
it
such
an
evil
to
our selves
,
or
the
publick
,
that
we
cannot
be
accessory
to
it
by
obeying
.
limited
Monarchy
If
the
Monarchs
act
of
exorbitancy
or
transgression
be
mortal
,
and
such
as
suffered
dissolves
the
frame
of
Government
and
publick
liberty
,
then
the
illegality
is
to
be
set
open
,
and
redresment
sought
by
petition
;
which
if
failing
,
prevention
by
resistance
ought
to
be
:
and
if
it
be
apparent
,
and
appeal
be
made
to
the
consciences
of
mankind
,
then
the
fundamental
Laws
of
that
Monarchy
must
judge
and
pronounce
the
sentence
in
every
mans
conscience
,
and
every
man
(
so
far
as
concerns
him
)
must
follow
the
evidence
of
Truth
in
his
own
soul
to
oppose
or
not
to
oppose
,
according
as
he
can
in
conscience
acquit
or
condemn
the
act
of
the
Governour
or
Monarch
.
the
destructive
nature
of
illegal
commands
shall
be
set
open
:
an
Appeal
made
to
the
Conscience
of
all
Mankind
,
The
Fundamental
Laws
must
judge
,
and
pronounce
Sentence
in
every
mans
Conscience
.
The
Fundamental
Laws
must
judge
the
Common
Laws
are
the
foundation
,
and
the
Statute
Laws
are
superstructive
(
de
jure
Every
man
must
oppose
or
not
oppose
the
Monarch
according
to
his
own
conscience
.
This
power
of
every
mans
judging
the
illegal
acts
of
the
Monarch
,
argues
not
a
Superiority
of
those
who
judge
over
him
who
is
judged
It
is
not
authoritative
and
civil
,
but
moral
,
residing
in
reasonable
creatures
,
and
lawful
for
them
to
execute
.
not
authoritative
and
civil
,
but
moral
resistance
ought
to
be
made
,
and
every
man
must
oppose
or
not
oppose
,
according
as
in
conscience
he
can
acquit
or
condemn
the
acts
of
his
Governour
moral
judgment
is
residing
in
reasonable
creatures
,
and
lawful
for
them
to
execute
mixed
,
viz.
Whether
a
firm
union
can
be
in
a
mixture
of
equality
;
he
rather
thinks
there
must
be
a
priority
of
order
in
one
of
the
three
,
or
else
there
can
be
no
unity
.
The
Houses
of
Parliament
sure
have
two
parts
of
the
greatest
legislative
Authority
The
Soveraign
power
must
be
originally
in
all
three
if
there
be
an
equality
of
shares
in
three
Estates
,
there
can
be
no
ground
to
denominate
a
Monarch
to
salve
all
a
power
must
be
sought
out
wherewith
the
Monarch
must
be
invested
,
which
is
not
so
great
as
to
destroy
the
mixture
,
nor
so
titular
as
to
destroy
the
Monarchy
A
Monarch
in
a
mixed
Monarchy
may
be
said
to
be
a
Monarch
if
he
be
the
head
and
fountain
of
the
power
which
governs
and
executes
the
established
Laws
he
must
constitute
Officers
to
govern
by
Laws
Supreme
power
power
of
constituting
Officers
is
left
to
the
Monarch
The
choice
of
the
Officers
is
intrusted
to
the
judgment
of
the
Monarch
for
ought
I
know
:
The
common
people
are
fit
for
nothing
but
to
chuse
Officers
,
and
to
take
Accompts
:
popular
Governments
his
Monarch
is
the
head
and
fountain
of
Power
,
in
a
limited
Monarchy
,
the
publick
Society
by
original
Constitution
confer
on
one
man
power
:
both
the
other
States
,
as
well
conjunctim
as
divisim
,
be
his
sworn
Subjects
,
and
owe
obedience
to
his
commands
:
The
sole
or
chief
power
in
capacitating
persons
for
the
supreme
Power
.
The
power
of
Convocating
such
persons
,
his
Authority
being
the
last
and
greatest
in
the
establishing
every
Act
,
his
Authority
being
last
his
having
the
greatest
Authority
That
one
inconvenience
must
necessarily
be
in
all
mixed
Governments
,
which
I
shewed
to
be
in
limited
Governments
;
there
can
be
no
constituted
legal
Authoritative
Judge
of
the
Fundamental
Controversies
arising
between
the
three
Estates
:
If
such
do
rise
,
it
is
the
fatal
disease
of
those
Governments
,
for
which
no
salve
can
be
applied
.
It
is
a
case
beyond
the
possible
provision
of
such
a
Government
;
of
this
question
there
is
no
legal
Judge
.
The
accusing
side
must
make
it
evident
to
every
mans
Conscience
.
—
The
Appeal
must
be
to
the
Community
,
as
if
there
were
no
Government
;
and
as
by
evidence
Consciences
are
convinced
,
they
are
bound
to
give
their
assistance
.
had
only
Supreme
Power
when
he
was
out
of
the
bounds
of
the
Territories
;
then
he
had
absolute
Power
,
his
Kingdom
was
like
to
a
perpetual
Lord
General
of
an
Army
.
Aristotle
)
had
a
Power
very
near
to
Tyranny
;
yet
they
were
lawful
and
Paternal
,
because
the
are
of
a
more
servile
nature
than
the
and
the
than
the
they
do
willingly
,
without
repining
,
live
under
a
Masterly
Government
;
yet
their
Government
is
stable
and
safe
,
because
they
are
Paternal
and
lawful
Kingdoms
,
and
their
Guards
are
Royal
and
not
Tyrannical
:
for
Kings
are
guarded
by
their
own
Subjects
,
and
Tyrants
are
guarded
by
Strangers
.
Aristotle
)
in
old
time
in
was
an
Elective
Tyrant
,
and
differed
only
from
the
Kings
,
in
that
he
was
Elective
,
and
not
Paternal
:
these
sorts
of
Kings
,
because
they
were
Tyrannical
,
were
Masterly
;
but
because
they
were
over
such
as
voluntarily
Elected
them
,
they
were
Regal
.
The
Heroick
were
those
Aristotle
)
which
flourished
in
the
Heroical
times
,
to
whom
the
People
did
willingly
obey
;
and
they
were
Paternal
and
lawful
,
because
these
Kings
did
deserve
well
of
the
multitude
,
either
by
teaching
them
Arts
,
or
by
Warring
for
them
,
or
by
gathering
them
together
when
they
were
dispersed
,
or
by
dividing
Lands
amongst
them
:
these
Kings
had
supreme
Power
in
War
,
in
Sacrifices
,
in
Judicature
.
When
one
alone
hath
Supreme
power
of
all
the
rest
:
for
as
there
is
a
domestical
Kingdom
of
one
House
,
so
the
Kingdom
of
a
City
,
or
of
one
or
many
Nations
,
is
a
Family
.
amongst
the
ancient
Greeks
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Aristotle
to
speak
the
truth
,
there
were
almost
but
two
sorts
of
Monarchies
worth
the
considering
,
that
is
,
his
first
or
sort
,
and
his
fifth
or
last
sort
,
where
one
alone
hath
supreme
Power
over
all
the
rest
:
he
was
no
more
than
a
Generalissimo
where
one
alone
hath
the
supreme
Power
.
Arist.
Pol.
he
that
is
said
to
be
a
King
according
to
Law
,
is
no
sort
of
Government
or
Kingdom
at
all
:
a
true
King
is
he
that
ruled
all
according
to
his
own
will
,
That
all
Monarchies
Jews
)
depend
upon
humane
designment
,
when
the
consent
of
a
Society
of
men
,
and
a
fundamental
Contract
of
a
Nation
,
by
original
or
radical
Constitution
confers
Power
:
At
the
first
,
Cities
were
governed
by
Kings
,
and
so
even
to
this
day
are
Nations
also
:
for
such
as
were
under
Kingly
Government
did
come
together
;
for
every
House
is
governed
by
a
King
,
who
is
the
eldest
;
and
so
also
Colonies
are
governed
for
kindred
sake
.
That
the
first
Society
made
of
many
Houses
is
a
Village
,
which
naturally
seems
to
be
a
Colony
of
a
House
,
which
some
call
Foster-brethren
,
or
Children
,
and
Childrens
Children
.
Vnto
Majesty
or
Soveraignty
belongeth
an
absolute
power
,
not
subject
to
any
Law
—
Chief
power
given
unto
a
Prince
with
condition
,
is
not
properly
Soveraignty
,
or
power
absolute
,
except
such
conditions
annexed
to
the
Soveraignty
,
be
directly
comprehended
within
the
Laws
of
God
and
Nature
.
—
Albeit
by
the
sufferance
of
the
King
of
controversies
between
the
King
and
his
People
are
sometimes
determined
by
the
high
Court
of
Parliament
,
and
sometimes
by
the
Lord
Chief
Justice
of
yet
all
the
Estates
remain
in
full
subjection
to
the
King
,
who
is
no
ways
bound
to
follow
their
advice
,
neither
to
consent
to
their
requests
.
—
It
is
certain
,
that
the
Laws
,
Priviledges
,
and
Grants
of
Princes
,
have
no
force
but
during
their
life
,
if
they
be
not
ratified
by
the
express
consent
,
or
by
sufferance
of
the
Prince
following
,
especially
Privileges
.
—
Much
less
should
a
Prince
be
bound
unto
the
Laws
he
maketh
himself
;
for
a
man
may
well
receive
a
Law
from
another
man
,
but
impossible
it
is
in
nature
for
to
give
a
Law
unto
himself
,
no
more
than
it
is
to
command
a
mans
self
in
a
matter
depending
of
his
own
will
.
Nulla
obligatio
consistere
potest
,
quae
à
voluntate
promittentis
statum
capit
.
The
Soveraign
Prince
may
derogate
unto
the
Laws
that
he
hath
promised
and
sworn
to
keep
,
if
the
equity
thereof
be
ceased
;
and
that
of
himself
,
without
the
consent
of
his
Subjects
.
—
The
Majesty
of
a
true
Soveraign
Prince
is
to
be
known
,
when
the
Estates
of
all
the
People
assembled
,
in
all
humility
present
their
requests
and
supplications
to
their
Prince
,
without
having
power
in
any
thing
,
to
command
,
determine
,
or
give
voice
,
but
that
that
which
it
pleaseth
the
King
to
like
or
dislike
,
to
command
or
bid
,
is
holden
for
Law
:
wherein
they
which
have
written
of
the
duty
of
Magistrates
have
deceived
themselves
,
in
maintaining
that
the
power
of
the
People
is
greater
than
the
Prince
;
a
thing
which
causeth
oft
true
Subjects
to
revolt
from
their
obedience
to
their
Prince
,
and
ministreth
matter
of
great
troubles
in
Commonwealths
;
of
which
their
opinion
there
is
neither
reason
nor
ground
:
for
if
the
King
be
subject
unto
the
assemblies
and
Decrees
of
the
people
,
he
should
neither
be
King
nor
Soveraign
,
and
the
Commonwealth
neither
Realm
nor
Monarchy
,
but
a
meer
Aristocracy
.
—
So
we
see
the
principal
point
of
Soveraign
Majesty
,
and
absolute
power
,
to
consist
principally
in
giving
Laws
unto
the
Subjects
in
general
without
their
consent
.
To
confound
the
state
of
Monarchy
with
the
Popular
or
Aristocratical
estate
,
is
a
thing
impossible
,
and
in
effect
incompatible
,
and
such
as
cannot
be
imagined
:
for
Soveraignty
being
of
it self
indivisible
,
how
can
it
at
one
and
the
same
time
be
divided
betwixt
one
Prince
,
the
Nobility
,
and
the
people
in
common
?
The
first
mark
of
Soveraign
Majesty
,
is
to
be
of
power
to
give
Laws
,
and
to
command
over
them
unto
the
Subjects
;
and
who
should
those
Subjects
be
that
should
yield
their
obedience
to
the
Law
,
if
they
should
have
also
power
to
make
the
Laws
?
who
should
he
be
that
could
give
the
Law
?
being
himself
constrained
to
receive
it
of
them
,
unto
whom
himself
gave
it
?
so
that
of
necessity
we
must
conclude
,
That
as
no
one
in
particular
hath
the
power
to
make
the
Law
in
such
a
State
,
that
then
the
State
must
needs
be
a
State
popular
.
—
Never
any
Commonwealth
hath
been
made
of
an
Aristocracy
and
popular
Estate
,
much
less
of
the
three
Estates
of
a
Commonweal
.
—
Such
states
wherein
the
rights
of
Soveraignty
are
divided
,
are
not
rightly
to
be
called
Commonweals
,
but
rather
the
corruption
of
Commonweals
,
as
has
most
briefly
but
truly
written
.
—
Commonweals
which
change
their
state
,
the
Sovereign
right
&
power
of
them
being
divided
,
find
no
rest
from
Civil
wars
and
broils
,
till
they
again
recover
some
one
of
the
three
Forms
,
and
the
Soveraignty
be
wholly
in
one
of
the
states
or
other
.
Where
the
rights
of
the
Soveraignty
are
divided
betwixt
the
Prince
&
his
Subjects
,
in
that
confusion
of
state
there
is
still
endless
stirs
and
quarrels
for
the
superiority
,
until
that
some
one
,
some
few
,
or
all
together
,
have
got
the
Soveraignty
.
Without
Society
men
could
not
live
;
without
Laws
men
could
not
be
sociable
;
and
without
Authority
somewhere
to
judge
according
to
Law
,
Law
were
vain
:
It
was
soon
therefore
provided
,
that
Laws
according
to
the
dictate
of
Reason
,
should
be
ratified
by
common
consent
;
when
it
afterward
appeared
,
that
man
was
yet
subject
to
unnatural
destruction
,
by
the
Tyranny
of
entrusted
Magistrates
,
a
mischief
almost
as
fatal
as
to
be
without
all
Magistracy
.
How
to
provide
a
wholesome
remedy
therefore
,
was
not
so
easie
to
be
invented
:
it
was
not
difficult
to
invent
Laws
for
the
limiting
of
Supream
Governours
;
but
to
invent
how
those
Laws
should
be
executed
,
or
by
whom
interpreted
,
was
almost
impossible
,
to
place
a
Superiour
above
a
Supream
,
was
held
unnatural
;
yet
what
a
lifeless
thing
would
Law
be
without
any
Judge
to
determine
and
force
it
?
If
it
be
agreed
upon
,
that
limits
should
be
prefixed
to
Princes
and
Judges
to
decree
according
to
those
limits
,
yet
another
inconvenience
will
presently
affront
us
:
for
we
cannot
restrain
Princes
too
far
,
but
we
shall
disable
them
from
some
good
:
long
it
was
ere
the
world
could
extricate
it self
out
of
all
these
extremities
,
or
find
out
an
orderly
means
whereby
to
avoid
the
danger
of
unbounded
Prerogative
on
this
hand
,
and
of
excessive
liberty
on
the
other
;
and
scarce
has
long
experience
yet
fully
satisfied
the
minds
of
all
men
in
it
.
In
the
Infancy
of
the
world
,
when
man
was
not
so
artificial
and
obdurate
in
cruelty
and
oppression
as
now
,
and
Policy
most
rude
,
most
Nations
did
choose
rather
to
subject
themselves
to
the
meer
discretion
of
their
Lords
,
than
rely
upon
any
limits
;
and
so
be
ruled
by
Arbitrary
Edicts
,
than
written
Statutes
.
But
since
Tyranny
being
more
exquisite
,
and
Policy
more
perfect
,
especially
where
learning
and
Religion
flourish
,
few
Nations
will
endure
the
thraldome
which
usually
accompanies
unbounded
and
unconditionate
Royalty
;
Yet
ere
the
bounds
and
conditions
of
Supream
Lords
was
so
wisely
determined
,
or
quietly
conserved
as
now
they
are
:
for
at
first
,
when
as
were
erected
to
poise
against
the
scale
of
Soveraignty
,
much
blood
was
shed
about
them
,
and
States
were
put
into
new
broils
by
them
,
and
in
some
places
the
remedy
proved
worse
than
the
disease
.
In
all
great
distresses
,
the
body
of
the
people
were
ever
constrained
to
rise
,
and
by
force
of
the
major
party
to
put
an
end
to
all
intestine
strifes
,
and
make
a
redress
of
all
publick
grievances
:
But
many
times
calamities
grew
to
a
strange
height
,
before
so
cumbersome
a
body
could
be
raised
;
and
when
it
was
raised
,
the
motions
of
it
were
so
distracted
and
irregular
,
that
after
much
spoil
and
effusion
of
blood
,
sometimes
only
one
Tyranny
was
exchanged
for
another
,
till
some
was
invented
to
regulate
the
motions
of
the
Peoples
moliminous
body
.
I
think
Arbitrary
rule
was
most
safe
for
the
World
:
but
since
most
Countries
have
found
an
art
and
peaceable
order
for
publick
Assemblies
,
whereby
the
people
may
assume
its
own
power
to
do
it self
right
,
without
disturbance
to
it self
or
injury
to
Princes
;
he
is
very
unjust
that
will
oppose
this
art
or
order
.
That
Princes
may
not
be
beyond
all
limits
and
Laws
,
nor
yet
be
tyed
upon
those
limits
by
any
private
parties
;
the
whole
Community
,
in
its
underived
Majesty
,
shall
convene
to
do
justice
;
and
that
the
Convention
may
not
be
without
intelligence
,
certain
times
,
and
places
,
and
forms
,
shall
be
appointed
for
its
reglement
;
and
that
the
vastness
of
its
own
bulk
may
not
breed
confusion
,
by
vertue
of
election
and
representation
,
a
few
shall
act
for
many
,
the
wise
,
shall
consent
for
the
simple
,
the
vertue
of
all
shall
redound
to
some
,
and
the
prudence
of
some
shall
redound
to
all
;
and
surely
as
this
admirably-composed
Court
,
which
is
now
called
a
Parliament
,
is
more
regularly
and
orderly
formed
,
than
when
it
was
called
mickle
Synod
of
or
when
this
real
body
of
the
People
did
throng
together
at
it
:
so
it
is
perhaps
without
some
defects
,
which
by
art
&
policy
might
receive
farther
amendment
:
some
divisions
have
sprung
up
of
late
between
both
Houses
,
and
some
between
the
King
and
both
Houses
,
by
reason
of
incertainty
of
Jurisdiction
;
and
some
Lawyers
doubt
how
far
the
Parliament
is
able
to
create
new
forms
and
presidents
,
and
has
a
Jurisdiction
over
it self
;
all
these
doubts
would
be
solemnly
solved
:
but
in
the
first
place
,
the
true
priviledges
of
Parliament
belonging
not
only
to
the
being
and
efficacy
of
it
,
but
to
the
honour
and
complement
of
it
,
would
be
clearly
declared
:
for
the
very
naming
of
priviledges
of
Parliament
,
as
if
they
were
chimera's
to
the
ignorant
sort
,
and
utterly
unknown
unto
the
Learned
,
hath
been
entertained
with
scorn
since
the
beginning
of
this
Parliament
.
arbitrary
or
absolute
government
to
be
the
first
,
and
the
safest
government
for
the
world
.
the
Jurisdiction
is
uncertain
,
and
the
priviledges
not
clearly
declared
of
limited
Monarchy
.
Arbitrary
Government
was
but
in
the
infancy
of
the
World
,
Master
of
the
Court
of
Wards
,
if
not
popular
Lacedemonian
King
in
the
judgment
of
was
no
King
indeed
,
but
in
name
only
,
as
Generalissimo
of
an
Army
most
Countries
have
found
out
an
art
and
peaceable
order
for
publick
assemblies
the
Jurisdiction
to
be
incertain
,
and
the
priviledges
undetermined
of
that
Court
that
should
bound
and
limit
Monarchy
,
If
the
admirably
composed
Court
of
Parliament
have
some
defects
which
may
receive
amendment
,
and
if
those
defects
be
such
as
cause
divisions
both
between
the
Houses
,
and
between
the
King
and
both
Houses
,
and
these
divisions
be
about
Jurisdictions
and
Priviledges
,
and
power
to
create
new
Priviledges
,
if
all
these
doubts
and
divisions
have
need
to
be
solemnly
solved
,
Now
the
conditions
of
Supream
Lords
are
wisely
determined
and
quietly
conserved
,
most
Countries
have
found
out
an
art
,
and
peaceable
order
for
publick
affairs
,
whereby
the
People
may
resume
its
own
power
to
do
it self
right
without
injury
unto
Princes
:
underived
Majesty
of
the
people
by
assuming
its
own
power
,
her self
right
to
avoid
doing
injury
to
the
Prince
,
if
her
Jurisdiction
be
uncertain
,
and
Priviledges
undetermined
?
most
Countries
have
found
an
art
,
and
peaceable
order
for
publick
Assemblies
:
and
to
the
intent
that
Princes
may
not
be
beyond
all
limits
and
Laws
,
the
whole
community
in
its
underived
Majesty
shall
convene
to
do
Justice
.
Poland
,
Sweden
breath
after
liberty
Poland
,
Boterus
the
Government
of
it
is
elective
altogether
,
and
representeth
rather
an
Aristocracie
than
a
Kingdom
:
the
Nobility
,
who
have
great
Authority
in
the
Diets
,
chusing
the
King
,
and
limiting
his
Authority
,
making
his
Soveraignty
but
a
slavish
Royalty
:
these
diminutions
of
Regality
began
first
by
default
of
King
who
to
gain
the
succession
in
the
Kingdom
contrary
to
the
Laws
,
one
for
his
Daughter
,
and
the
other
for
his
Son
,
departed
with
many
of
his
Royalties
and
Prerogatives
,
to
buy
the
voices
of
the
Nobility
.
the
Estates
of
the
World
Princes
Authority
was
more
free
,
not
being
subject
to
any
Laws
,
and
having
absolute
power
,
not
only
of
their
estates
,
but
also
of
Life
and
Death
.
Since
Christian
Religion
was
received
,
it
began
to
be
moderated
,
first
by
holy
admonitions
of
the
Bishops
and
Clergy
,
and
then
by
services
of
the
Nobility
in
War
:
Religious
Princes
gave
many
Honours
,
and
many
liberties
to
the
Clergy
and
Nobility
,
and
quit
much
of
their
Rights
,
the
which
their
successors
have
continued
.
The
superiour
dignity
is
reduced
to
two
degrees
,
that
is
,
the
and
the
for
that
Kings
in
former
times
did
by
little
and
little
call
these
men
to
publick
consultations
,
notwithstanding
that
they
had
Absolute
power
to
do
all
things
of
themselves
,
to
command
,
dispose
,
recompence
,
and
punish
,
of
their
own
motions
:
since
they
have
ordained
that
these
Dignities
should
make
the
body
of
a
Senate
,
the
King
doth
not
challenge
much
right
and
power
over
his
Nobility
,
nor
over
their
estates
,
neither
hath
he
any
over
the
Clergy
.
And
though
the
Kings
Authority
depends
on
the
Nobility
for
his
election
,
yet
in
many
things
it
is
Absolute
after
he
is
chosen
:
He
appoints
the
Diets
at
what
time
and
place
he
pleaseth
;
he
chooseth
Lay-Councellers
,
and
nominates
the
Bishops
,
and
whom
he
will
have
to
be
his
Privy
Council
:
He
is
absolute
disposer
of
the
Revenues
of
the
Crown
:
He
is
absolute
establisher
of
the
Decrees
of
the
Diets
:
It
is
in
his
power
to
advance
and
reward
whom
he
pleaseth
.
He
is
Lord
immediate
of
his
Subjects
,
but
not
of
his
Nobility
:
He
is
Soveraign
Judge
of
his
Nobility
in
criminal
causes
.
The
power
of
the
Nobility
daily
increaseth
,
for
that
in
respect
of
the
Kings
election
,
they
neither
have
Law
,
rule
,
nor
form
to
do
it
,
neither
by
writing
nor
tradition
.
As
the
King
governs
his
Subjects
which
are
immediately
his
,
with
absolute
Authority
;
so
the
Nobility
dispose
immediately
of
their
vassals
,
over
whom
every
one
hath
more
than
a
Regal
power
,
so
as
they
intreat
them
like
slaves
.
There
be
certain
men
in
who
are
called
they
are
as
it
were
Agents
of
Jurisdictions
or
Circles
of
the
Nobility
:
these
have
a
certain
Authority
,
and
,
as
saith
,
in
the
time
of
their
Diets
these
men
assemble
in
a
place
near
to
the
Senate-House
,
where
they
chuse
two
Marshals
,
by
whom
(
but
with
a
Tribune-like
authority
)
they
signifie
unto
the
Council
what
their
requests
are
.
Not
long
since
,
their
Authority
and
reputation
grew
so
mightily
,
that
they
now
carry
themselves
as
Heads
and
Governours
,
rather
than
officers
and
ministers
of
the
publick
decrees
of
the
State
:
One
of
the
Council
refused
his
Senators
place
,
to
become
one
of
these
Officers
.
Every
Palatine
,
the
King
requiring
it
,
calls
together
all
the
Nobility
of
his
Palatinate
;
where
having
propounded
unto
them
the
matters
whereon
they
are
to
treat
,
and
their
will
being
known
,
they
chuse
four
or
six
out
of
the
company
of
the
whole
Community
in
its
underived
Majesty
doth
ever
convene
to
do
Justice
:
Earthly
Messengers
Her
Husband
was
but
the
shadow
of
a
Soveraign
.
original
contract
popular
convention
they
have
neither
Law
,
Rule
,
nor
Form
written
or
unwritten
,
for
the
election
of
their
King
,
give
much
of
their
Rights
and
Priviledges
to
their
Subjects
,
devout
Kings
were
meerly
cheated
of
some
of
their
Royalties
.
heretofore
elective
People
or
community
may
assume
its
own
Power
:
such
as
is
their
valour
,
dexterity
,
and
wisdom
,
such
is
their
Power
,
Authority
,
and
Government
.
these
three
Kingdoms
are
States
changeable
and
uncertain
,
as
the
Nobility
is
stronger
than
the
Prince
,
or
the
Prince
than
the
Nobility
Divers
particular
Lords
exact
not
only
Customs
,
but
Tributes
also
;
which
are
confirmed
and
grow
stronger
,
both
by
long
prescription
of
time
,
and
use
of
Judgments
.
Absolute
Power
The
Prince
is
acquitted
from
the
Power
of
the
Laws
.
There
can
be
no
Obligation
which
taketh
State
from
the
meer
Will
of
him
that
promiseth
the
same
Because
it
hath
so
Pleased
us
Whether
a
Prince
be
subject
to
the
Laws
of
his
Countrey
that
he
hath
sworn
to
keep
,
or
not
?
That
the
Prince
is
not
subject
to
His
Laws
,
nor
to
the
Laws
of
his
Predecessors
,
but
well
to
his
Own
just
and
reasonable
Conventions
.
Samuel
,
Elias
Most
High
,
most
Mighty
,
and
most
Christian
King
,
our
Natural
and
Onely
Lord
;
we
poor
,
humble
,
and
obedient
Subjects
,
which
are
come
hither
by
your
Command
,
in
all
Humility
,
Reverence
,
and
Subjection
,
present
our selves
before
you
,
And
have
given
me
in
charge
from
all
this
Noble
Assembly
to
declare
unto
You
,
the
good
Will
and
hearty
desire
they
have
,
with
a
most
fervent
Resolution
to
Serve
,
Obey
,
and
Aid
You
in
all
your
Affairs
,
Commandments
,
and
Pleasures
.
We
will
We
Decree
or
Ordain
That
they
were
not
to
make
her
Grave
before
she
were
Dead
.
Panegyrical
Oration
A
great
Novelty
and
never
before
heard
of
,
He
sweareth
,
by
whom
we
swear
.
Marcus
Aurelius
The
Magistrates
are
Judges
over
private
men
,
Princes
judge
the
Magistrates
,
and
God
the
Princes
.
England
,
Scotland
,
Turkey
,
Muscovy
,
Tartary
,
Persia
,
Aethiopia
,
India
,
Sanctuary
of
God
That
he
would
make
him
the
most
Mighty
Prince
of
the
world
God
forbid
that
I
should
suffer
the
Person
of
a
King
,
the
Lords
Anointed
,
to
be
violated
.
Go
thou
Wicked
,
How
durst
thou
lay
thy
impure
Hands
upon
the
Lords
Anointed
?
Thou
shalt
surely
Die
therefore
.
Thou
shalt
not
speak
Evil
of
thy
Prince
,
nor
detract
the
Magistrate
They
be
Wicked
and
Naught
Martin
Luther
Monarchy
.
Politicians
,
Philosophers
,
Divines
THE
Point
in
Question
is
briefly
this
;
Whether
such
a
Witch
as
is
Condemned
by
the
Laws
and
Statutes
of
this
Land
,
be
one
and
the
same
with
the
Witch
forbidden
by
the
Law
of
Moses
.
The
Witch
Condemned
by
our
Statute-Law
is
,
1
Jacob.
Cap.
12.
a
due
and
lawful
Conviction
William
Perkins
Martin
Delrio
Magical
Disquisitions
divine
and
foretel
things
to
come
,
by
the
whinying
and
neighing
of
their
Horses
.
Hinnitu
&
fremitu
Witchcraft
is
an
Art
serving
for
the
working
of
Wonders
,
by
the
assistance
of
the
Devil
,
so
far
as
God
shall
permit
.
Art
,
which
by
the
power
of
a
Contract
entred
into
with
the
Devil
,
some
Wonders
are
wrought
which
pass
the
common
understanding
of
men
.
Ars
quâ
vi
pacti
cum
Daemonibus
initi
mira
quaedam
communem
hominum
captum
superantia
efficiuntur
.
opening
the
nature
of
Witchcraft
as
it
is
delivered
in
the
Old
and
New
Testament
manifest
Covenant
is
not
so
fully
set
down
in
Scripture
:
New
Testament
a
Covenant
is
a
most
evident
and
certain
truth
,
that
may
not
be
called
in
question
.
Howsoever
the
common
Translation
runneth
in
other
terms
,
yet
the
words
are
properly
to
be
read
thus
:
Which
heareth
not
the
voice
of
the
mutterer
joyning
Societies
cunningly
—
the
main
foundation
of
the
Charm
,
Societies
or
Confederacies
cunningly
made
,
not
between
man
and
man
,
but
,
as
the
words
import
,
between
the
Enchanter
and
the
Devil
,
conjoyning
or
consociating
the
Enchanter
had
his
title
both
in
and
in
either
because
he
associates
Serpents
,
making
them
tame
and
familiar
that
they
hurt
not
,
or
because
such
persons
use
to
bind
and
tye
bonds
,
or
things
about
the
body
,
to
heal
or
hurt
by
Sorcery
.
speak
words
of
a
strange
language
,
and
without
sense
,
&c.
We
have
made
a
Covenant
with
Death
,
and
with
Hell
we
are
at
an
agreement
;
Percussimus
foedus
cum
morte
,
&
cum
inferno
fecimus
pactum
.
Tho.
Aquinas
agreement
with
the
Grave
Thrasonical
Hyperbole
Italian
Bible
Spanish
Bible
Concierto
tenemos
hecho
con
la
muerte
,
è
con
la
sepultura
hazimos
acuerdo
.
The
Witch
as
a
slave
binds
himself
by
Vow
to
believe
in
the
Devil
,
and
to
give
him
either
Body
,
or
Soul
,
or
both
,
under
his
hand-writing
,
or
some
part
of
his
Blood
.
The
Devil
promiseth
to
be
ready
at
his
vassals
command
to
appear
in
the
likeness
of
any
Creature
,
to
consult
,
and
to
aid
him
for
the
procuring
of
Pleasure
,
Honour
,
Wealth
,
or
Preferment
;
to
go
for
him
,
to
carry
him
any
whither
,
and
to
do
any
command
.
That
the
Devil
is
at
liberty
to
perform
or
break
his
compact
,
for
that
no
man
can
compel
him
to
keep
his
promise
Sacrament
of
the
Eucharist
Sacramental
Species
is
common
to
all
Contracts
with
the
Devil
,
That
first
they
must
deny
the
Faith
,
and
Christianism
,
and
Obedience
to
God
,
and
reject
the
Patronage
of
the
Virgin
and
revile
her
Witches
renounce
God
and
their
Baptism
.
Roman
Catholicks
Lapland
,
Finland
Witchcraft
is
an
Art
working
Wonders
,
That
the
Arts
Master
is
able
by
himself
to
practise
his
Art
,
and
to
do
things
belonging
thereunto
,
without
the
help
of
another
;
but
in
this
it
is
otherwise
—
the
power
of
effecting
strange
works
doth
not
flow
from
the
skill
of
the
Witch
,
but
is
derived
wholly
from
Satan
.
the
means
of
working
wonders
are
Charms
used
as
a
Watch-word
to
the
Devil
to
cause
him
to
work
wonders
:
duly
and
lawfully
convicted
and
attainted
the
Devil
teaches
Witches
how
to
make
Pictures
of
Wax
and
Clay
,
that
by
the
roasting
thereof
,
the
persons
that
they
bear
the
Name
of
,
may
be
continually
melted
,
or
dried
away
by
continual
sickness
—
not
that
any
of
these
means
which
he
teacheth
them
(
except
poisons
,
which
are
composed
of
things
natural
)
can
of
themselves
help
any
thing
to
these
turns
they
are
imployed
in
.
Witches
can
bewitch
,
and
take
the
life
of
men
or
women
by
roasting
of
the
Pictures
,
which
is
very
possible
to
their
Master
to
perform
:
for
although
that
instrument
of
Wax
have
no
vertue
in
the
turn
doing
,
yet
may
he
not
very
well
,
by
that
same
measure
that
his
conjured
Slave
melts
that
Wax
at
the
fire
,
may
he
not
,
I
say
,
at
these
same
times
,
subtilly
as
a
Spirit
,
so
weaken
and
scatter
the
spirits
of
life
of
the
Patient
,
as
may
make
him
on
the
one
part
for
faintness
to
sweat
out
the
humours
of
his
body
;
and
on
the
other
part
,
for
the
not
concurring
of
these
spirits
which
cause
his
digestion
,
so
debilitate
his
stomach
,
that
his
humour
radical
continually
sweating
out
on
the
one
part
,
and
no
new
good
Suck
being
put
in
the
place
thereof
for
lack
of
digestion
on
the
other
,
he
at
last
shall
vanish
away
even
as
his
Picture
will
do
at
the
Fire
?
subtilly
done
as
a
Spirit
Miracle
;
Mirum
Miraculum
.
A
Miracle
Perkins
,
is
that
which
is
above
or
against
Nature
simply
;
a
Wonder
is
that
which
proceeds
not
from
the
ordinary
course
of
Nature
.
Delrio
supra
naturae
creatae
vires
The
Precepts
of
Witchcraft
are
not
delivered
indifferently
to
every
man
,
but
to
his
own
subjects
the
wicked
;
and
not
to
them
all
,
but
to
special
and
tryed
ones
,
whom
he
most
betrusteth
with
his
secrets
,
as
being
the
fittest
to
serve
his
turn
,
both
in
respect
of
their
willingness
to
learn
and
practise
,
as
also
for
their
ability
to
become
Instruments
of
the
mischief
he
intendeth
to
others
.
Witchcraft
doth
work
wonders
so
far
as
God
shall
permit
.
The
Devils
malice
towards
all
men
is
of
so
high
a
degree
,
that
he
cannot
endure
they
should
enjoy
the
World
,
or
the
benefits
of
this
life
(
if
it
were
possible
)
so
much
as
one
hour
.
That
if
the
Devil
were
not
stirred
up
and
provoked
by
the
Witch
,
he
would
never
do
so
much
hurt
as
he
doth
.
Perkins
,
may
not
take
upon
him
to
examine
whom
and
how
he
willeth
of
any
Crime
,
nor
to
proceed
upon
slight
causes
,
or
to
shew
his
Authority
,
or
upon
sinister
respects
,
or
to
revenge
his
malice
,
or
to
bring
parties
into
danger
and
suspicion
;
but
he
must
proceed
upon
special
presumptions
.
presumptions
,
which
do
at
least
probably
and
conjecturally
note
one
to
be
a
Witch
,
and
are
certain
signs
whereby
the
Witch
may
be
discovered
.
though
presumptions
give
occasion
to
examine
,
yet
they
are
no
sufficient
causes
of
conviction
:
and
though
presumptions
be
never
so
strong
,
yet
they
are
not
proofs
sufficient
for
Conviction
,
but
only
for
Examination
.
it
falls
out
many
times
that
the
innocent
may
be
suspected
,
and
some
of
the
better
sort
notoriously
defamed
.
The
testimony
of
a
fellow
Witch
,
doth
not
probably
note
one
to
be
a
Witch
.
if
after
cursing
,
or
quarrelling
,
or
threatning
,
there
follow
present
mischief
.
if
the
party
be
the
Son
or
Daughter
,
or
Servant
,
or
Friend
,
near
Neighbour
,
or
old
Companion
of
a
Witch
.
Some
add
,
if
the
party
suspected
have
the
Devils
Mark
;
and
yet
he
resolves
,
if
such
a
Mark
be
descried
,
whereof
no
evident
reason
in
nature
can
be
given
,
the
Magistrate
may
cause
such
to
be
examined
,
or
take
the
matter
into
his
own
hands
,
that
the
truth
may
appear
if
the
party
examined
be
unconstant
,
or
contrary
to
himself
a
good
man
may
be
fearful
in
a
good
cause
,
sometimes
by
nature
,
sometimes
in
regard
of
the
presence
of
the
Judge
,
or
the
greatness
of
the
Audience
;
some
may
be
suddenly
taken
,
and
others
want
that
liberty
of
speech
which
other
men
have
.
simple
Question
by
Torture
:
Torture
,
when
besides
the
enquiry
by
words
,
the
Magistrate
useth
the
Rack
,
or
some
other
violent
means
to
urge
Confession
may
be
lawfully
used
,
howbeit
not
in
every
case
,
but
only
upon
strong
and
great
presumptions
,
and
when
the
party
is
obstinate
.
the
Duke
of
Daughter
,
and
was
first
used
about
less
sufficient
more
sufficient
The
antient
trial
by
taking
red
hot
Irons
,
or
putting
the
hand
in
hot
scalding
water
hath
been
condemned
for
Diabolical
and
wicked
,
as
in
truth
it
is
:
for
an
innocent
man
may
thereby
be
condemned
,
and
a
rank
Witch
scape
unpunished
.
Scratching
of
the
suspected
party
,
and
the
present
recovery
thereupon
.
the
burning
the
thing
bewitched
,
as
a
Hog
,
an
Ox
,
or
other
Creature
,
it
is
imagined
a
forcible
means
to
cause
the
Witch
to
discover
her self
.
is
the
burning
the
Thatch
of
the
suspected
parties
House
.
the
binding
of
the
party
hand
and
foot
,
and
casting
cross-ways
into
the
water
;
if
she
sinks
,
she
is
counted
innocent
;
if
she
float
on
the
water
and
sink
not
,
she
is
taken
for
a
Witch
,
convicted
,
and
punished
.
Perkins
,
are
so
far
from
being
sufficient
,
that
some
of
them
,
if
not
all
,
are
after
a
sort
practices
of
Witchcraft
,
having
no
power
by
Gods
Ordinance
.
Testimony
of
a
Wizard
,
Witch
,
or
cunning
man
,
who
is
gone
or
sent
unto
,
and
informs
that
he
can
shew
in
a
glass
the
Face
of
the
Witch
.
Perkins
denies
to
be
sufficient
;
and
he
puts
this
case
:
If
the
Devil
appear
to
a
Grand
Jury
,
in
the
likeness
of
some
known
man
,
and
offer
to
take
his
Oath
that
the
person
in
question
is
a
Witch
,
should
the
Enquest
receive
his
Oath
or
accusation
to
condemn
the
party
?
He
answers
,
Surely
no
;
and
yet
that
is
as
much
as
the
Testimony
of
another
Witch
,
who
only
by
the
help
of
the
Devil
revealeth
the
Witch
:
if
this
should
be
taken
for
a
sufficient
proof
,
the
Devil
would
not
leave
one
good
man
alive
in
the
world
.
who
but
Witches
can
be
provers
,
and
so
witnesses
of
the
doings
of
Witches
?
Precepts
of
Witchcraft
are
not
delivered
,
but
to
the
Devils
own
Subjects
,
the
wicked
.
when
a
man
in
open
Court
affirms
,
such
a
one
fell
out
with
me
,
and
cursed
me
,
threatning
I
should
smart
for
it
in
my
person
or
goods
;
upon
these
threats
,
such
Evils
and
Losses
presently
befel
me
;
this
is
no
sure
ground
for
Conviction
,
Perkins
,
for
it
pleaseth
God
many
times
to
lay
his
Hands
upon
mens
persons
and
goods
,
without
the
procurement
of
Witches
Perkins
,
Experience
shews
,
that
ignorant
People
will
make
strong
proofs
of
such
presumptions
,
whereupon
sometimes
Jurors
do
give
their
Verdict
against
parties
innocent
.
if
a
man
being
sick
,
upon
suspicion
will
take
it
on
his
death
,
that
such
a
one
hath
bewitched
him
,
it
is
of
no
moment
,
Perkins
;
it
is
but
the
suspicion
of
one
man
for
himself
,
and
is
of
no
more
force
than
another
mans
word
against
him
.
All
these
proofs
Perkins
,
which
men
in
place
have
ordinarily
used
,
be
either
false
or
insufficient
signs
.
more
sufficient
proofs
it
is
objected
,
that
one
may
confess
against
himself
an
untruth
,
being
urged
by
force
or
threatning
,
or
by
desire
upon
some
grief
to
be
out
of
the
World
;
or
at
least
being
in
trouble
,
and
perswaded
it
is
the
best
course
to
save
their
Lives
and
obtain
their
Liberty
,
they
may
upon
simplicity
be
induced
to
confess
that
they
never
did
,
even
against
themselves
.
That
he
doth
not
say
a
bare
Confession
is
sufficient
,
but
a
Confession
after
due
Examination
taken
upon
pregnant
presumptions
.
upon
a
melancholy
humour
many
confess
of
themselves
things
false
and
impossible
,
That
they
are
carried
through
the
Air
in
a
moment
,
that
they
pass
through
key-holes
and
clefts
of
Doors
;
that
they
be
sometimes
turn'd
into
Cats
,
Hares
,
and
other
Creatures
,
and
such
like
;
all
which
are
meer
fables
,
and
things
impossible
.
when
Witches
begin
to
make
a
League
,
they
are
sober
and
sound
in
understanding
;
but
after
they
be
once
in
the
League
,
their
reason
&
understanding
may
be
depraved
,
memory
weakned
,
and
all
the
powers
of
their
Soul
blemished
;
they
are
deluded
,
and
so
intoxicated
,
that
they
will
run
into
a
thousand
of
phantastical
imaginations
,
holding
themselves
to
be
transformed
into
the
shapes
of
other
Creatures
,
to
be
transported
in
the
Air
,
to
do
many
strange
things
which
in
truth
they
do
not
.
more
sufficient
proof
if
the
party
will
not
confess
,
as
commonly
it
falleth
out
)
is
two
witnesses
avouching
upon
their
own
knowledge
,
either
that
the
party
accused
hath
made
League
with
the
Devil
,
or
hath
done
some
known
practices
of
Witchcraft
,
or
hath
invocated
the
Devil
,
or
desired
his
help
.
Some
may
say
,
If
these
be
the
only
strong
proofs
for
the
Conviction
of
a
Witch
,
it
will
be
then
impossible
to
put
any
one
to
Death
;
because
the
League
with
Satan
is
closely
made
,
and
the
practices
of
Witchcraft
are
also
very
secret
,
and
hardly
can
a
man
be
brought
,
which
upon
his
own
knowledge
can
aver
such
things
.
howsoever
the
ground
and
practice
be
secret
,
and
be
to
many
unknown
,
yet
there
is
a
way
to
come
to
the
knowledge
thereof
.
—
Satan
endeavoureth
the
discovery
,
and
useth
all
means
to
disclose
Witches
.
Devils
first
discovering
of
himself
for
the
gaining
of
a
Witch
,
is
either
upon
their
walking
solitarily
in
the
Fields
,
or
else
lying
pausing
in
their
bed
,
but
always
without
the
company
of
any
other
;
and
at
the
making
of
Circles
and
Conjurations
,
none
of
that
craft
will
permit
any
others
to
behold
by
nature
of
the
Precontract
the
Devil
is
cock-sure
of
his
instruments
Though
he
have
good
hope
of
them
,
yet
he
is
not
certain
of
their
continuance
,
because
some
by
the
mercy
of
God
have
been
reclaimed
and
freed
from
his
Covenant
.
the
Devil
suffereth
some
to
live
long
undisclosed
,
that
they
may
exercise
the
greater
measure
of
his
malice
in
the
world
.
we
have
not
warrant
in
the
word
,
to
put
such
an
one
to
Death
.
Perkins
;
I
advise
all
Jurors
,
that
as
they
be
diligent
in
the
zeal
of
Gods
glory
,
so
they
would
be
careful
what
they
do
,
and
not
to
condemn
any
party
suspected
upon
bare
presumptions
,
without
sound
and
sufficient
proofs
,
that
they
be
not
guilty
through
their
own
rashness
,
of
shedding
innocent
blood
.
All
that
do
these
things
are
an
abomination
to
the
Lord
,
and
because
of
these
abominations
,
the
Lord
thy
God
doth
drive
them
out
from
before
thee
These
Nations
hearkened
unto
observers
of
times
,
and
unto
Diviners
.
lying
Prophecies
The
Lord
thy
God
will
raise
up
unto
thee
a
Prophet
from
the
midst
of
thee
,
of
thy
Brethren
,
like
unto
me
,
unto
him
shall
ye
hearken
,
and
not
to
the
Diviners
,
Wisards
,
Charmers
,
to
have
their
Souls
turn
after
such
as
have
Familiar
Spirits
,
and
after
Wisards
,
to
go
a
whoring
after
them
,
A
Diviner
,
in
Hebrew
An
observer
of
times
An
Observer
of
Fortunes
A
Witch
changing
or
turning
by
secret
Sleights
,
Juglings
,
Close
conveyance
,
or
of
Glistering
like
the
flame
of
Fire
,
or
a
Sword
,
wherewith
Mens
Eyes
were
dazled
.
A
Charmer
conjoyning
or
consociating
A
Wisard
A
Necromancer
The
Consulter
with
Familiar
Spirits
Consulter
with
Ob
the
Devil
can
make
some
to
be
possessed
,
and
so
become
very
Daemoniaques
;
and
that
she
who
had
the
Spirit
of
whereby
she
conquested
such
gain
to
her
Master
;
that
Spirit
was
not
of
her
own
raising
or
commanding
,
as
she
pleased
to
appoint
,
but
spake
by
her
Tongue
as
well
privately
as
publickly
.
in
the
Name
of
Jesus
Christ
to
come
out
of
her
.
The
Child
which
was
possessed
with
a
dumb
and
deaf
Spirit
,
and
the
Devil
charged
to
come
out
,
and
enter
no
more
into
him
,
A
Daughter
of
Abraham
Abraham
)
was
troubled
with
a
Spirit
of
infirmity
eighteen
years
,
and
bowed
together
that
she
could
not
lift
her self
up
,
Regard
not
them
that
have
Familiar
Spirits
The
Soul
that
turneth
after
such
as
have
Familiar
Spirits
a
consulter
with
a
Familiar
Spirit
,
Consulter
with
Ob
Bring
me
him
up
whom
I
shall
name
unto
thee
,
and
she
undertook
to
do
it
consulting
with
the
Dead
when
she
saw
she
cryed
out
with
a
loud
voice
:
Samuel
,
she
cried
out
with
a
loud
voice
what
she
saw
?
and
what
form
is
he
of
?
Saul
was
in
another
Chamber
at
the
conjuration
she
saw
gods
ascending
out
of
the
Earth
She
saw
a
Man
of
Majesty
or
Divine
Authority
ascend
,
un'
huomo
di
Majesta
è
d'
Authorita
Divina
,
Thou
shalt
be
brought
down
,
and
shalt
speak
out
of
the
ground
,
and
thy
speech
shall
be
low
out
of
the
dust
,
and
thy
voice
shall
be
as
one
that
hath
a
Familiar
Spirit
out
of
the
ground
,
and
thy
speech
shall
whisper
out
of
the
Earth
Ochosias
King
of
Israel
,
who
being
sick
sent
to
consult
with
Beelzebub
the
God
of
Echron
,
To
morrow
thou
and
thy
Sons
shall
dye
,
Why
hast
thou
disquieted
me
to
bring
me
up
?
If
Samuel
had
said
them
,
he
had
lied
;
but
Samuel
could
not
lie
,
for
Samuel
could
not
be
disquieted
,
nor
raised
by
Saul
.
Samuel
effectually
occasionally
Saul
Reynolds
,
Though
was
the
occasion
,
yet
could
not
truly
say
that
had
disquieted
him
;
for
blessed
are
they
that
dye
in
the
Lord
,
saith
the
Spirit
,
because
they
rest
from
their
labours
;
and
was
no
more
to
be
disquieted
(
if
he
were
sent
by
God
)
than
were
when
they
appeared
to
shew
the
Glory
of
Christ
,
Saul
perceived
or
understood
that
it
was
Samuel
.
I
will
bring
you
word
as
the
Lord
shall
speak
unto
me
,
The
Lord
refuseth
to
give
me
leave
If
Balak
would
give
me
his
house
full
of
silver
and
gold
,
I
cannot
go
beyond
the
word
of
the
Lord
my
God
,
to
do
less
or
more
.
If
the
men
come
to
call
thee
,
go
;
but
yet
the
words
which
I
shall
say
unto
thee
,
that
shalt
thou
do
.
Lo
I
am
come
unto
thee
,
have
I
now
any
power
at
all
to
say
any
thing
?
The
word
which
God
putteth
into
my
mouth
,
that
shall
I
speak
:
How
shall
I
curse
whom
God
hath
not
cursed
?
Must
I
not
take
heed
to
speak
that
which
the
Lord
hath
put
into
my
mouth
?
Balak
to
lay
a
stumbling-block
before
the
Sons
of
Israel
,
to
eat
things
sacrificed
to
Idols
,
and
to
commit
Fornication
,
Rev.
Balaam
went
not
up
as
at
other
times
to
seek
for
Enchantments
,
Numb
.
to
meet
Divinations
affirmative
Precept
Prohibition
negative
,
Thou
shalt
not
suffer
a
Witch
to
live
,
For
the
time
of
Christ
Perkins
,
though
there
be
no
particular
mention
made
of
any
such
Witch
,
yet
thence
it
followeth
not
that
there
were
none
,
for
all
things
that
then
happened
are
not
recorded
;
and
I
would
fain
know
of
the
chief
Patrons
of
them
,
whether
those
persons
possessed
with
the
Devil
,
and
troubled
with
strange
Diseases
,
whom
Christ
healed
,
were
not
bewitched
with
some
such
people
as
our
Witches
are
?
If
they
say
no
,
let
them
if
they
can
prove
the
contrary
.
ROBERT
FILMER
Lucan . Lib. 3. Libertas — Populi , quem regna coercent Libertate perit — Claudian . Fallitur egregio quisquis sub Poincipe oredit . Servitium ; nusquam Libertas gratior extat Quam sub Rege pio —
Ric.
Chiswell
Matthew
Gillyflower
William
Henchman
Westminster
Hall
sweet
Counsel
together
;
but
walked
in
the
House
of
God
as
Friends
:
Grotius
,
Hunton
,
Hobbs
Vide Certamen Epistolare . 386.
(
1
(
2
(
3
(
4
(
5
Kings
.
(
6
(
7
(
8
(
10
(1)
ARistotle
(2)
Suarez
Adam
.
(
3
Aristotle
,
Bodin
(4)
Suarez
Bellarmine
.
(
5
(
6
(
7
(
9
(
10
)
Bellarmine
(
11
(
12
)
Rome
(
13
(
15
(
16
(
17
(
18
(
1
(
2
(
3
New
Testament
.
(
4
(
5
(6)
Kings
Kings
.
(
8
(
9
(
11
Star-Chamber
.
(
12
(
13
(
17
(
1
(
2
(
3
(
4
(
5
(
6
(
7
(
8
(
9
(
10
That
the
People
or
Multitude
have
Power
to
punish
,
or
deprive
the
Prince
,
if
he
transgress
the
Laws
of
the
Kingdom
Deprivations
of
their
Subjects
Natural
Equality
and
Freedom
of
Mankind
,
and
Liberty
to
choose
what
form
of
Government
it
please
.
John
Heywood
,
Adam
Blackwood
,
John
Barclay
,
Natural
Liberty
and
Equality
of
Mankind
,
Popular
Sedition
Natural
Freedom
of
Mankind
Natural
Liberty
Grace
and
bounty
of
Princes
Natural
Liberty
Natural
Liberty
of
Mankind
Secular
or
Civil
Power
is
instituted
by
Men
;
It
is
in
the
People
,
unless
they
bestow
it
on
a
Prince
.
This
Power
is
immediately
in
the
whole
Multitude
,
as
in
the
Subject
of
it
;
for
this
Power
is
in
the
Divine
Law
,
but
the
Divine
Law
hath
given
this
Power
to
no
particular
Man
—
If
the
Positive
Law
be
taken
away
,
there
is
left
no
Reason
,
why
amongst
a
Multitude
(
who
are
Equal
)
one
rather
than
another
should
bear
Rule
over
the
rest
?
—
Power
is
given
by
the
Multitude
to
one
man
,
or
to
more
by
the
same
Law
of
Nature
;
for
the
Commonwealth
cannot
exercise
this
Power
,
therefore
it
is
bound
to
bestow
it
upon
some
One
Man
,
or
some
Few
—
It
depends
upon
the
Consent
of
the
Multitude
to
ordain
over
themselves
a
King
,
or
Consul
,
or
other
Magistrates
;
and
if
there
be
a
lawful
Cause
,
the
Multitude
may
change
the
Kingdom
into
an
Natural
Liberty
of
the
Subject
Democratical
Estate
Democratical
Government
Aristocratical
Estate
Natural
Liberty
of
the
People
That
God
hath
given
or
ordained
Power
,
is
evident
by
Scripture
;
But
God
hath
given
it
to
no
particular
Person
,
because
by
nature
all
Men
are
Equal
;
therefore
he
hath
given
Power
to
the
People
or
Multitude
.
If
many
men
had
been
together
created
out
of
the
Earth
,
they
all
ought
to
have
been
Princes
over
their
Posterity
.
Regal
Authority
Bring
her
forth
that
she
may
be
burnt
Capital
Crimes
Patriarchal
Power
Be
fruitful
and
multiply
,
and
replenish
the
Earth
.
Regal
Power
By
these
were
the
Isles
of
the
Gentiles
divided
in
their
Lands
,
every
one
after
his
Tongue
,
after
their
Families
,
in
their
Nations
These
are
the
Sons
of
after
their
Families
,
after
their
Tongues
,
in
their
Countreys
,
and
in
their
Nations
.
These
are
the
Sons
of
after
their
Families
,
after
their
Tongues
,
in
their
Lands
,
after
their
Nations
.
These
are
the
Families
of
the
Sons
of
after
their
Generations
in
their
Nations
;
and
by
these
were
these
Nations
divided
in
the
Earth
,
after
the
Flood
.
Mediterranean
Sea
Asia
,
Africa
Walter
Raleigh
Patriarchal
Power
Abraham
,
Isaac
Egyptian
Bondage
These
are
the
Sons
of
and
these
are
their
Names
by
their
Castles
and
Towns
,
Twelve
Princes
of
their
Tribes
and
Families
.
And
these
are
the
Names
of
the
Dukes
that
came
of
according
to
their
Families
and
their
Places
by
their
Nations
.
Sodom
,
Gomorrha
,
Shinar
,
&c.
Troy
.
Caesar
Supreme
Jurisdiction
Abel
,
His
Desires
shall
be
subject
unto
thee
,
and
thou
shalt
rule
over
him
.
Be
Lord
over
thy
Brethren
,
and
let
the
Sons
of
thy
Mother
bow
before
thee
.
Royal
Charter
Vnrighteous
Acts
Righteous
Decrees
Honour
thy
Father
Natural
Law
Humane
Ordinance
(
1.
)
ARistotle
(
2.
)
Suarez
Adam
.
(
3.
Aristotle
,
Bodin
(
4.
)
Suarez
Bellarmine
.
(
5.
(
6.
(
7.
(
8.
(
9.
(
10.
)
Bellarmine
(
11.
Roman
Democratie
.
(
12.
(
13.
(
14.
)
Democraties
(
15.
(
16.
(
17.
(
18.
Natural
Equality
Monsieur
Duvall
Natural
Equality
Natural
Reason
Natural
Liberty
Lineal
Subjection
First
Parents
Chrysostom
,
God
made
all
Mankind
of
One
Man
,
that
he
might
teach
the
World
to
be
Governed
by
a
King
,
and
not
by
a
Multitude
.
That
Multitudes
of
Men
after
a
Deluge
,
a
Famine
,
or
a
Pestilence
,
met
together
like
Herds
of
Cattel
without
any
Dependency
,
until
the
strongest
Bodies
and
boldest
Minds
got
the
Mastery
of
their
Fellows
Bulls
,
Bears
and
Cocks
Heroical
Kings
Oeconomical
Power
Political
Power
Adam
Naturally
Civil
Lawyers
Cutlers
of
Delphos
Suarez
,
Community
did
not
begin
at
the
Creation
of
Scarce
possible
Succession
,
Conquest
Him
shalt
thou
set
King
over
thee
,
whom
the
Lord
shall
choose
Ecclesiastical
Policy
Heaps
of
Scripture
are
alledged
,
concerning
the
Solemn
Coronation
or
Inauguration
of
and
others
,
by
Nobles
,
Ancients
,
and
the
people
of
the
Commonwealth
of
Wo
to
the
Land
whose
King
is
a
Child
:
God
when
he
made
all
Mankind
of
one
Man
,
did
seem
openly
to
signifie
,
that
he
rather
approved
the
Government
of
one
Man
,
than
of
many
.
Patriarchs
,
Dukes
,
Judges
There
was
no
King
in
but
that
every
Man
did
that
which
was
Right
in
his
Own
Eyes
Viceroy
Samuel
Samuel
,
They
have
not
rejected
Thee
,
but
Me
,
that
I
should
not
Reign
over
them
.
That
Monarchy
is
the
best
Form
of
Government
,
and
a
Popular
Estate
the
worst
.
Wantonness
,
Ambition
Julius
Caesar
Annual
Consuls
Ten
Men
Military
Tribunes
Augustus
,
Lepidus
Regal
Authority
Rutilius
,
Metellus
,
Coriolanus
Golden
Harvest
Thucydides
,
Xenophon
,
Livy
,
Tacitus
,
Cicero
,
Tyberius
,
Domitian
Domitian
,
Dionysius
Tiberius
,
Caligula
Nero
,
Heliogabalus
,
Otho
,
Vitellius
,
Pertinax
,
Alexander
,
Severus
,
Gordianus
,
Gallus
,
Emilianus
,
Quintilius
,
Aurelianus
,
Tacitus
,
Probus
,
(
1.
(
2.
1
Sam.
8.
(
3.
)
New
Testament
.
(
4.
(
7.
(
10.
(
12.
(
15.
(
16.
(
17.
(
18.
Walter
Raleigh
W.
Raleigh
asked
a
King
,
as
All
Nations
had
.
hear
the
Voice
of
the
People
,
in
all
things
which
they
spake
,
appoint
them
a
King
.
Nay
,
but
we
will
have
a
King
over
Vs
,
that
We
also
may
be
like
all
the
Nations
,
and
that
Our
King
may
Judge
us
,
and
go
out
before
us
to
fight
our
Battels
.
Make
thou
the
grievous
Service
of
thy
Father
and
his
heavy
Yoke
which
he
put
upon
us
,
lighter
,
and
we
will
serve
thee
.
By
giving
to
those
things
that
were
's
,
and
to
God
those
things
that
were
God's
.
Obediendum
est
in
quibus
mandatum
Dei
non
impeditur
.
We
only
worship
God
,
in
other
things
we
gladly
serve
you
.
We
must
keep
the
King's
Commandment
,
What
dost
Thou
Where
the
Word
of
a
King
is
there
is
Power
,
against
it
This
Image
you
say
is
therefore
give
it
to
subject
to
the
Higher
Powers
Wilt
thou
not
be
afraid
of
the
Power
?
he
is
the
Minister
of
God
to
thee
—
for
he
beareth
not
the
Sword
in
vain
.
for
this
Cause
pay
you
Tribute
also
,
for
they
are
God's
Ministers
attending
continually
upon
this
very
thing
.
Render
therefore
Tribute
to
whom
Tribute
is
due
,
Custom
to
whom
Custom
.
Submit
your selves
to
every
Ordinance
of
Man
,
for
the
Lord's
sake
,
whether
it
be
to
the
King
as
Supreme
,
or
unto
Governours
,
as
unto
them
that
are
sent
by
him
.
St.
Paul
By
me
Kings
Reign
Governours
that
are
sent
by
him
St.
Peter
St.
Paul
Ten
Men
Twelve
Tables
Prince's
Pleasure
Art
thou
pleased
to
cause
to
be
administred
in
all
thy
Judgments
indifferent
and
upright
Justice
,
and
to
use
Discretion
with
Mercy
and
Verity
?
Art
thou
pleased
that
our
upright
Laws
and
Customs
be
observed
,
and
dost
thou
promise
that
those
shall
be
protected
and
maintained
by
thee
?
Canterbury
,
Pleaseth
it
you
to
confirm
and
observe
the
Laws
and
Customs
of
Ancient
Times
,
granted
from
God
,
by
just
and
devout
Kings
,
unto
the
Nation
,
by
Oath
unto
the
said
People
.
Especially
the
Laws
,
Liberties
,
and
Customs
granted
unto
the
Clergy
and
Laity
by
the
famous
King
Old
Abridgment
His
Judgment
Election
,
Donation
,
Succession
Princeps
,
Legibus
solutus
est
Every
Law
is
in
the
General
,
but
of
some
things
there
can
be
no
General
Law
—
when
therefore
the
Law
speaks
in
General
,
and
something
falls
out
after
besides
the
General
Rule
:
Then
it
is
fit
that
what
the
Law
maker
hath
omitted
,
or
where
he
hath
erred
by
speaking
generally
,
it
should
be
corrected
or
supplied
,
as
if
the
Law-maker
himself
were
present
to
Ordain
it
.
The
Governour
,
whether
he
be
one
Man
,
or
more
,
ought
to
be
Lord
over
all
those
things
whereof
it
was
impossible
the
Law
should
exactly
speak
,
because
it
is
not
easie
to
comprehend
all
things
under
General
Rules
—
whatsoever
the
Law
cannot
determine
,
it
leaves
to
the
Governours
to
give
Judgment
therein
,
and
permits
them
to
rectify
whatsoever
upon
Tryal
thy
find
to
be
better
than
the
Written
Laws
.
Rex
,
&
non
Alius
debet
Judicare
,
si
Solus
ad
id
sufficere
possit
,
&c.
The
King
,
and
no
body
else
,
ought
to
give
Judgment
,
if
he
were
able
,
since
by
virtue
of
his
Oath
he
is
bound
to
it
;
therefore
the
King
ought
to
exercise
Power
as
the
Vicar
or
Minister
of
God
:
But
if
our
Lord
the
King
be
not
able
to
determine
every
Cause
,
to
ease
part
of
his
Pains
,
by
distributing
the
Burthen
to
more
Persons
,
he
ought
to
chuse
Wise-Men
fearing
God
,
&c.
and
make
Justices
of
them
.
John
Briton
Hereford
:
We
will
that
Our
own
Jurisdiction
be
above
all
the
Jurisdictions
of
our
Realm
,
so
as
in
all
manner
of
Felonies
,
Trespasses
,
Contracts
,
in
all
other
Actions
personal
or
real
,
We
have
Power
to
yield
such
Judgements
as
do
appertain
without
other
Process
,
wheresoever
we
know
the
Right
Truth
as
Judges
.
Lambert
.
Nemo
in
lite
Regem
appellato
,
nisi
quidem
domi
Justitiam
consequi
,
aut
impetrare
non
poterit
,
sin
summo
jure
domi
urgeatur
,
ad
Regem
,
ut
is
Onus
aliqua
ex
parte
Allevet
,
provocato
.
Let
no
man
in
Suit
appeal
to
the
King
,
unless
he
may
not
get
Right
at
home
;
but
if
the
Right
be
too
heavy
for
him
,
then
let
him
go
to
the
King
to
have
it
eased
.
That
the
Chancellour
and
the
Justices
of
the
Bench
should
follow
the
King
,
to
the
end
that
he
might
have
always
at
hand
Able
Men
for
his
Direction
in
Suits
that
came
before
Him
.
Positive
Law
Common
Causes
False
Accusations
Malicious
Suggestions
That
the
Chancellour
and
Justices
of
the
King's
Bench
should
follow
the
King
;
that
so
he
might
have
near
unto
him
some
that
be
learned
in
the
Laws
,
which
be
able
to
order
all
such
matters
as
shall
come
unto
the
Court
,
at
all
times
when
need
shall
require
.
Suggestion
to
the
King
proved
untrue
.
That
none
might
be
forced
by
Writ
out
of
or
by
Privy
Seal
,
to
appear
before
the
King
and
His
Council
,
to
answer
touching
Free-hold
.
He
thought
it
not
reasonable
that
He
should
be
constrained
to
send
for
his
Leiges
upon
Causes
reasonable
:
And
albeit
He
did
not
purpose
that
such
as
were
sent
for
should
answer
peremptorily
touching
their
Free-hold
,
but
should
be
remanded
for
tryal
thereof
,
as
Law
required
:
Provided
always
,
that
at
the
Suit
of
the
Party
,
where
the
King
and
His
Council
shall
be
credibly
informed
,
that
because
of
Maintenance
,
Oppression
,
or
other
Outrages
,
the
Common
Law
cannot
have
duly
her
Course
,
in
such
case
the
Counsel
for
the
Party
.
Let
it
be
used
as
it
hath
been
used
before
this
time
,
so
as
the
Regality
of
the
King
be
saved
,
for
the
King
will
save
His
Regalities
as
His
Progenitors
have
done
.
That
he
would
give
in
Charge
to
His
Officers
,
that
they
should
abstain
more
than
before
time
they
had
,
to
send
for
His
Subjects
in
that
manner
.
But
yet
it
is
not
Our
Intention
,
that
Our
Officers
shall
so
abstain
,
that
they
may
not
send
for
Our
Subjects
in
Matters
and
Causes
necessary
,
as
it
hath
been
used
in
the
time
our
good
Progenitors
.
Le
Roy
s'advisera
,
The
King
will
be
advised
Bogo
de
Clare
Ancient
Council-Chamber
Elizabeth
Audley
James
Audley
His
Council
Rot.
Claus
.
de
an
His
Council
Rot.
Patin
.
Anno
His
Council
in
Banco
Regis
S.
Leonards
Huge
Hastings
York
,
Westmerland
,
Cumberland
Lancashire
.
Rot.
Paten
.
de
Anno
His
Council
Florence
Becket
Alice
Radley
Council
of
the
said
King
.
English
Saxons
The
Assembly
of
the
Wise
Praesentia
Regis
,
Procerumque
Prelaterumque
collectorum
.
Julius
Caesar
Dammonii
,
Durotriges
,
Belgae
,
Attrebatii
,
Trinobantes
,
Iceni
,
Silures
,
West
Saxons
Essex
,
Norfolk
,
Suffolk
Ancient
Demesne
Great
Charter
Walter
Raleigh
The
great
Charter
was
not
Originally
granted
Legally
and
Freely
;
for
the
First
did
but
Vsurp
the
Kingdom
,
and
therefore
,
the
better
to
assure
himself
against
his
Elder
Brother
,
he
flattered
the
Nobility
and
People
with
their
Charters
;
yea
,
King
that
Confirmed
them
,
had
the
like
respect
,
for
Duke
of
was
the
undoubted
Heir
of
the
Crown
,
upon
whom
King
so
to
conclude
,
these
had
their
Original
from
Kings
but
not
the
Great
Charter
had
first
an
obscure
Birth
by
Vsurpation
,
was
secondly
fostered
and
shewed
to
the
World
by
Rebellion
.
Accustomed
Liberties
Prevention
,
Concurrence
particular
Member
New
Forms
New
Cases
King's
Court
of
Chancery
every
Case
Common
Custom
Crimes
Exorbitant
Condigne
Punishment
That
Laws
do
not
take
their
constraining
force
from
the
Quality
of
such
as
devise
them
,
but
from
the
Power
that
doth
give
them
the
Strength
of
Laws
:
Le
Roy
le
Veult
,
His
Parliament
Great
Liberties
Henry
,
by
the
Grace
of
God
,
To
all
our
Arch-Bishops
and
Our
Faithful
Subjects
Greeting
:
Know
ye
,
that
We
,
of
Our
meer
free-Will
,
have
granted
to
all
Free-men
these
Liberties
.
Statutum
Hiberniae
The
King
to
His
Justices
of
the
Bench
,
Greeting
,
the
King
and
his
Justices
only
,
they
should
do
,
and
execute
all
and
every
thing
contained
in
it
,
although
the
same
do
not
accord
with
the
Statute
of
in
all
things
Circumspecte
Agis
The
King
to
his
Judges
sendeth
Greeting
.
The
King
Commands
King
Wills
Our
Lord
the
King
hath
Established
,
Our
Lord
the
King
hath
ordained
:
His
Especial
Grace
hath
granted
de
Assisa
ultimae
Praesentationis
Tit.
West.
Common
Council
Hen.
cap.
Forasmuch
as
the
King
,
by
the
Advice
of
his
Council
,
hath
set
forth
Proclamations
,
which
obstinate
Persons
have
contemned
;
not
considering
what
a
King
by
his
Royal
Power
may
do
:
Considering
that
sudden
Causes
and
Occasions
fortune
many
times
,
which
do
require
speedy
Remedies
,
and
that
by
abiding
for
a
Parliament
,
in
the
mean
time
might
happen
great
Prejudice
to
ensue
to
the
Realm
:
And
weighing
also
,
that
his
Majesty
,
which
by
the
Kingly
and
Regal
Power
given
him
by
God
,
may
do
many
things
in
such
Cases
,
should
not
be
driven
to
extend
the
Liberties
,
and
Supremity
of
his
Regal
Power
and
Dignity
,
by
willfulness
of
froward
Subjcts
:
It
is
therefore
thought
fit
,
that
the
King
with
the
Advice
of
his
Honourable
Council
should
set
forth
Proclamations
for
the
good
of
the
People
,
and
defence
of
his
Royal
Dignity
,
as
necessity
shall
require
.
The
King
and
his
Parliament
,
with
the
Assent
of
the
Prelates
,
Earls
and
Barons
,
and
at
the
Petition
,
or
at
the
special
Instance
of
the
Commons
,
doth
Ordain
.
The
Commons
beseech
,
that
whereas
a
Statute
was
made
in
the
last
Parliament
,
which
was
never
Assented
nor
Granted
by
the
Commons
,
but
that
which
was
done
therein
,
was
done
without
their
Assent
.
These
be
the
Acts
of
King
made
at
his
first
Parliament
General
,
by
his
Council
,
and
by
the
Assent
of
Bishops
,
Abbots
,
Priors
,
Earls
,
Barons
,
and
all
the
Commonalty
of
the
Realm
,
&c.
In
presence
of
certain
Reverend
Fathers
,
Bishops
of
and
others
of
the
King's
Council
,
forasmuch
as
all
the
King's
Council
,
as
well
Justices
as
others
,
did
agree
that
they
should
be
put
in
writing
,
and
observed
.
Acton
Bunnel
The
King
,
for
Himself
,
and
by
His
Council
,
hath
Ordaind
and
Established
.
In
Articuli
super
Chartas
Nevertheless
the
King
and
his
Council
do
not
intend
by
reason
of
this
Statute
to
diminish
the
King's
Right
,
And
notwithstanding
all
these
things
before-mentioned
,
or
any
part
of
them
;
both
the
King
and
his
Council
,
and
all
they
that
were
present
at
the
making
of
this
Ordinance
,
will
and
intend
that
the
Right
and
Prerogative
of
his
Crown
shall
be
saved
to
him
in
all
things
.
At
the
Parliament
of
our
Soveraign
Lord
the
King
,
by
his
Council
it
was
agreed
,
and
also
by
the
King
himself
commanded
.
It
is
agreed
and
ordained
by
the
King
himself
,
and
all
his
Council
.
Whereas
the
Knights
,
Citizens
,
and
Burgesses
desired
our
Soveraign
Lord
the
King
in
his
Parliament
,
by
their
Petition
,
that
for
his
Profit
,
and
the
Commodity
of
his
Prelates
,
Earls
,
Barons
,
and
Commons
,
it
may
please
him
to
provide
remedy
;
our
Soveraign
Lord
the
King
desiring
the
profit
of
his
People
by
the
assent
of
his
Prelates
,
Earls
,
Barons
,
and
other
Nobles
of
his
Council
being
there
,
hath
ordained
.
Magna
Charta
At
the
Request
of
the
Commonalty
by
their
Petition
made
before
the
King
and
His
Council
in
Parliament
,
by
the
assent
of
the
Prelates
,
Earls
,
Barons
,
and
other
Great
Men
assembled
,
it
was
Granted
.
To
their
most
redoubted
Soveraign
Lord
the
King
,
praying
the
said
Commons
,
That
whereas
they
have
pray'd
Him
to
be
discharged
all
manner
of
Articles
of
the
Which
Petition
seemeth
to
His
Council
to
be
prejudicial
unto
Him
,
and
in
Disinherison
of
His
Crown
,
if
it
were
so
generally
granted
.
His
said
Commons
not
willing
nor
desiring
to
demand
things
of
Him
,
which
should
fall
in
Disinherison
of
Him
or
His
Crown
perpetually
,
as
of
Escheators
,
but
of
Trespasses
,
Misprisions
,
Negligences
,
and
Ignorances
,
Common
Law
Plantiffs
Attorney
Adam
Brabson
R.
W.
Advice
of
the
King's
Council
R.
C.
It
was
adjudged
by
all
the
Council
that
his
right
hand
should
be
cut
off
,
and
his
Lands
and
Goods
forfeited
to
the
King
.
Tho.
Oghtred
That
in
the
like
Case
of
it
was
spoken
of
in
Parliament
,
and
we
were
commanded
,
that
when
any
like
Case
should
come
,
we
should
not
go
to
Judgment
without
good
advice
:
Sues
au
Counseil
,
&
comment
ils
voillet
que
nous
devomus
faire
,
nous
volume
faire
,
&
auterment
nient
en
cest
case
.
Sue
to
the
Council
,
and
as
they
will
have
us
to
do
,
we
will
;
and
otherwise
not
in
this
case
.
Kings
Judges
King's
Council
D.
of
should
be
committed
to
Prison
,
for
many
Treasons
and
other
Crimes
.
The
Lords
of
the
Higher
House
were
doubtful
what
Answer
to
give
,
the
Opinion
of
the
Judges
was
demanded
.
Their
Opinion
was
,
that
he
ought
not
to
be
committed
,
for
that
the
Commons
did
not
charge
him
with
any
particular
Offence
,
but
with
General
Reports
and
Slanders
.
the
Speaker
of
the
House
of
Commons
That
the
Speaker
should
still
remain
in
Prison
,
according
to
the
Law
,
notwithstanding
the
Privilege
of
Parliament
,
and
that
he
was
the
Speaker
.
In
septimo
Parliament
,
Whether
Spiritual
Persons
might
be
convented
before
Temporal
Judges
for
Criminal
Cases
.
John
Fineux
That
they
might
and
ought
to
be
:
and
their
Opinion
was
allowed
and
maintained
by
the
King
and
Lords
,
and
Dr.
who
before
had
holden
it
;
the
same
Opinion
was
delivered
from
the
Bishops
.
Kings
Bench
Flower
Dew's
Case
,
P.