The
Argument
.
CHAP.
I.
IN
this
question
the
Constitution
of
the
Government
is
concerned
,
and
the
Right
of
a
most
principal
constituent
part
,
and
that
in
a
matter
of
the
highest
Trust
,
which
if
truly
a
Right
,
can
be
no
more
relinquished
(
as
the
Nature
of
this
Right
is
)
than
a
trust
can
be
betrayed
,
a
duty
and
a
Right
denyed
to
be
paid
and
performed
,
or
the
Constitution
of
the
Government
changed
.
For
of
such
a
Nature
doth
appear
to
be
the
Right
in
pretence
and
Controversy
,
of
the
Lords
the
Bishops
to
have
judgment
in
the
House
of
Lords
in
Capital
Causes
.
For
by
their
being
made
Barons
,
they
owed
their
judgments
in
such
Causes
as
a
service
to
the
King
,
at
first
by
their
Tenures
in
Baronage
(
for
though
since
they
are
become
Barones
Rescriptitii
,
or
Barons
by
Writ
,
their
duty
is
not
abated
.
)
And
besides
,
the
Cognisance
of
such
Causes
become
their
own
Right
,
being
a
part
of
and
belonging
to
the
dignity
and
office
of
a
Baron
.
And
it
likewise
became
an
appointment
in
the
Government
,
in
which
the
whole
Community
have
their
Interest
(
for
that
is
principally
provided
for
and
procured
in
all
Governments
)
whose
greatest
concern
it
is
to
have
Justice
done
against
all
Criminals
;
and
to
have
great
and
wise
,
just
and
good
men
in
the
Administrations
of
Justice
,
and
other
great
offices
of
the
Government
.
The
people
of
England
did
anciently
understand
the
benefit
of
this
Constitution
,
when
nothing
but
the
Baronage
of
England
,
the
Lords
Spiritual
and
Temporal
,
could
resist
the
Torrent
of
Arbitrary
Government
.
And
it
may
be
easily
understood
too
,
that
nothing
but
the
Baronage
of
England
is
able
to
support
the
Throne
:
For
that
Monarchy
unless
so
supported
,
is
the
weakest
and
most
precarious
and
dependent
Government
in
the
World
except
it
be
supported
with
an
Army
,
and
turned
into
a
Tyranny
.
That
the
Throne
should
be
established
by
Natural
and
gentle
provisions
,
and
the
Government
fixed
is
every
mans
greatest
interest
.
If
the
Lords
Temporal
have
more
under
command
,
and
a
larger
Potestas
jubendi
;
yet
the
Lords
Spiritual
out-did
them
Authoritate
suadendi
,
and
had
more
voluntary
obedience
.
The
Lords
Spiritual
have
several
Advantages
as
they
are
Novi
homines
,
men
chosen
out
of
Thousands
for
an
excellent
Character
and
Spirit
,
and
need
not
want
any
accomplishments
,
if
duely
chosen
and
preferred
,
for
the
discharge
of
the
greatest
Provinces
that
are
to
be
managed
by
wisdome
and
integrity
;
and
therefore
they
cannot
be
well
wanted
in
any
Ministries
in
the
Government
,
to
which
they
are
bespoken
,
and
have
a
legal
designation
.
Since
this
Authority
by
the
very
opening
of
the
Cause
doth
appear
probably
belonging
to
the
Bishops
,
and
if
so
that
it
cannot
,
without
breach
of
their
duty
that
they
owe
to
all
the
parts
of
the
Government
and
the
whole
Community
,
depart
from
it
;
it
may
surely
be
insisted
upon
,
disputed
and
maintained
by
them
without
blame
or
imputation
.
But
so
unhappily
it
falls
out
,
that
the
very
disputing
and
contending
of
this
Matter
by
reason
of
the
unseasonableness
of
the
dispute
,
and
the
delays
that
were
thereby
given
to
the
most
important
business
of
the
Nation
,
to
the
great
hazard
as
some
think
of
the
summ
of
Affairs
,
was
very
mischievous
to
the
publick
.
And
now
both
parties
are
charging
one
another
with
all
the
mischiefs
and
the
delays
,
that
this
Controversy
hath
given
to
publick
proceeding
,
or
can
with
any
probability
be
thought
to
have
occasioned
.
And
there
are
not
men
wanting
,
on
either
side
within
doors
and
without
,
that
are
forward
enough
to
charge
all
those
mischiefs
as
deserved
by
their
oppoposite
party
,
which
may
eventually
happen
hereupon
.
Who
sees
not
how
fatal
this
Controversy
is
like
to
prove
to
one
or
other
of
the
Litigants
,
and
to
the
Government
in
consequence
,
if
this
Cause
cannot
be
duely
heard
and
considered
,
and
be
determined
upon
its
own
Merits
,
without
undue
Censures
and
Reflections
on
either
side
:
Since
at
last
the
contenders
themselves
must
be
the
Judges
,
and
give
judgment
in
the
Cause
,
or
it
can
never
be
quieted
and
have
an
end
.
I
am
sure
,
passion
is
no
equal
Judge
and
Arbiter
,
and
men
angred
and
provoked
have
not
the
same
sentiments
of
the
same
things
,
as
when
calm
and
serene
.
And
because
there
is
no
common
Judicature
,
it
ought
to
be
considered
by
both
parties
with
all
equality
of
judgment
and
an
exact
pondering
and
weighing
of
the
reasons
offered
on
either
side
;
for
that
otherwise
it
can
never
be
fairly
decided
,
but
must
for
ever
remain
a
Controversy
to
the
immediate
overthrow
and
destruction
of
the
Government
,
or
over-ruled
by
the
force
and
Power
of
a
most
dangerous
consequence
in
the
course
of
time
,
to
the
Government
,
and
will
be
a
laying
of
the
Axe
to
the
very
root
of
the
Tree
,
and
will
put
the
Government
it self
into
a
State
of
War
,
between
the
several
constituent
parts
of
it
,
and
given
an
occasion
for
one
part
to
usurp
upon
another
,
until
the
tone
and
frame
of
Goverment
become
changed
,
and
at
last
fall
into
ruine
.
I
am
very
well
aware
of
the
gravity
of
the
Question
and
its
importance
,
the
high
honour
and
regard
that
is
due
to
the
House
of
Commons
in
Parliament
,
what
commendations
are
due
to
them
in
their
persons
,
for
their
zeal
and
endeavour
by
all
means
if
it
be
possible
,
to
save
the
Nation
,
Religion
and
Government
:
And
what
a
great
Capacity
,
that
House
in
its
very
constitution
,
in
the
first
designation
of
the
Government
,
and
by
their
mighty
growth
in
power
and
interest
in
the
Course
of
time
,
have
in
procuring
the
publick
good
,
and
that
they
cannot
have
any
interest
divided
from
the
common
Weal
.
I
must
do
them
right
,
and
with
the
greatest
clearness
and
satisfaction
,
I
determine
with
my self
,
that
their
zeal
for
public
Justice
against
unpardonable
offences
in
their
judgment
,
and
a
prejudicate
opinion
they
had
conceived
of
the
Spiritual
Lords
unindifferency
(
how
duely
will
appear
by
and
by
)
gave
the
first
occasion
to
this
Question
,
which
was
the
true
causa
suasoria
of
their
denyal
to
the
Bishops
a
Right
of
Succession
and
judgment
in
that
noble
question
,
Whether
a
Treason
of
State
can
be
pardoned
?
And
that
put
them
upon
the
search
of
Precedents
,
an
Oracle
that
will
alwayes
give
a
Response
agreeable
to
the
Enquirrer
and
Consulter
.
For
I
am
sure
there
is
nothing
so
absurd
and
irregular
,
that
rude
Antiquity
,
and
the
miscarriages
in
humane
Affairs
,
in
length
of
time
will
not
furnish
a
Precedent
for
.
And
these
Precedents
such
as
they
were
reported
(
which
we
are
hereafter
to
consider
)
by
their
diligent
Members
,
became
a
causa
justifica
,
and
the
matter
in
pretence
to
warrant
their
proceedings
,
that
a
great
reason
of
State
did
seem
to
them
to
require
.
And
now
whether
the
Lords
Spiritual
can
be
Judges
in
Capital
Causes
in
Parliament
is
become
a
Question
.
Though
the
Bishops
Right
to
judge
in
capital
Causes
in
Parliament
,
seem
to
be
clear
and
materially
demonstrated
from
what
is
visible
and
obvious
,
to
the
most
vulgar
observation
of
the
constitution
of
the
Government
;
every
body
knows
how
the
Lords
Spiritual
and
Lords
Temporal
are
placed
in
the
stile
of
Acts
of
Parliament
,
and
in
the
Heralds
order
in
the
House
of
Lords
.
The
Arch-Bishops
give
first
their
Votes
,
even
before
Dukes
;
The
Suffragan
Diocesans
after
the
Viscounts
,
and
before
the
Barons
:
And
in
the
same
order
did
the
Bishops
stand
in
the
publick
Census
in
the
times
of
the
Saxons
,
as
may
be
seen
in
Sir
Henry
Spelman
his
Glossary
in
the
word
Alderman
.
The
great
Authority
,
Power
and
Rule
,
that
was
intended
the
Prelates
should
have
in
all
the
great
concernments
of
the
Kingdom
,
that
were
to
make
the
business
of
the
House
of
Lords
,
may
be
best
understood
from
the
high
place
that
hath
been
alwayes
alotted
to
their
Order
in
that
House
;
for
Publick
and
civil
honours
are
alwayes
appointed
and
adjusted
to
the
dignity
of
the
Ministers
,
offices
,
and
Services
,
that
are
to
be
performed
to
the
Government
.
Such
a
solecism
was
never
enacted
by
an
Order
of
State
,
That
those
persons
that
were
less
in
power
,
and
under
abatement
and
restraint
of
Authority
,
should
be
preferred
to
those
in
place
,
that
had
plenary
power
in
the
same
Courts
.
It
is
well
known
too
,
That
the
Arch-Bishop
of
Canterbury
was
originally
honoured
with
the
first
Writ
of
Summons
to
Parliament
.
Since
the
Conquest
there
never
was
an
English
Bishop
,
that
had
not
his
several
Writ
of
Summons
to
Parliament
;
Though
the
number
of
Temporal
Barons
have
been
reduced
,
and
many
of
the
Regular
Barons
dismist
of
that
honour
:
for
that
their
office
was
nothing
in
the
Church
,
and
nothing
but
the
possessions
of
the
Abbots
,
preferred
them
to
that
State
.
Nothing
seems
too
big
or
too
high
for
so
great
and
publick
a
character
of
the
Bishops
,
or
out
of
the
intendment
of
their
trust
that
can
ever
be
the
business
of
a
Parliament
.
The
greater
the
matters
are
that
are
agitated
there
,
the
more
necessary
is
the
assistance
of
the
Bishops
;
for
he
that
in
any
affair
is
most
trusted
,
is
to
be
most
concerned
,
and
by
how
much
the
affairs
are
of
greatest
moment
,
in
the
same
proportion
they
are
more
strictly
obliged
and
required
to
assist
in
the
management
thereof
.
We
all
know
what
sort
of
criminal
prosecutions
those
are
,
that
are
made
in
Parliament
,
and
what
great
consideration
they
are
of
,
that
they
are
alwayes
the
symptoms
of
a
very
sickly
State
,
and
the
results
of
very
great
disorders
in
the
Common-Wealth
.
In
these
Cases
,
if
in
any
,
the
Lords
Spiritual
cannot
be
wanted
:
The
neglecting
to
interpose
in
any
one
single
prosecution
that
is
Parliamentary
,
hath
proved
the
occasion
,
That
their
Right
of
Session
is
now
brought
into
Question
.
For
to
speak
the
truth
,
it
is
not
very
consistent
with
the
Reverence
that
is
naturally
due
to
the
Prelates
,
to
think
that
a
Trust
and
Authority
of
so
high
a
nature
,
should
be
committed
to
them
,
and
they
should
at
any
time
find
reasons
to
neglect
it
.
But
for
what
omissions
they
have
been
guilty
of
(
though
upon
a
general
consideration
without
examining
the
particular
Causes
and
Reasons
,
men
not
friendly
to
their
Order
,
may
thus
censure
them
)
we
shall
make
a
fair
Apology
as
we
shall
meet
with
them
,
and
as
they
fall
in
to
be
considered
in
this
Discourse
.
We
are
now
to
give
you
some
account
,
how
this
comes
now
to
be
a
question
,
for
the
very
questioning
thereof
makes
some
prejudice
against
the
Right
;
and
there
is
scarce
any
thing
so
certain
and
true
in
Nature
,
but
if
once
put
under
dispute
,
that
can
recover
again
into
a
general
certainty
and
assurance
.
It
hath
scarce
escaped
any
mans
observation
,
that
hath
been
acquainted
with
the
business
of
the
Courts
of
Law
,
That
the
greatness
of
the
pretender
,
and
the
value
of
the
Interest
and
Right
in
pretence
,
doth
cause
a
point
of
Law
to
be
contended
,
which
would
never
else
have
been
stirred
,
especially
if
the
Right
be
invidiously
possessed
by
another
.
Besides
these
three
considerations
,
which
are
foreign
to
the
true
Right
,
I
protest
there
is
nothing
to
my
apprehension
of
any
moment
offered
in
Print
to
continue
it
a
Question
.
I
find
Two
Books
Printed
upon
this
Question
,
both
of
them
tending
to
disgrace
the
Bishops
Right
of
judging
in
capital
Causes
in
Parliament
.
One
in
Octavo
,
called
A
Letter
of
a
Gentleman
to
his
Friend
,
shewing
the
Bishops
are
not
to
be
Judges
in
Parliament
,
in
Cases
Capital
.
He
begins
with
a
Preface
containing
some
matters
and
reasons
against
Bishops
intermedling
at
all
in
secular
affairs
;
and
after
that
he
tells
us
,
That
the
Law
of
Parliament
is
best
declared
by
usage
,
gives
us
several
precedents
,
wherein
he
supposes
the
Bishops
absent
;
and
concludes
they
were
so
for
want
of
Right
and
Authority
to
be
there
.
And
to
give
some
Authority
to
his
Precedents
of
omission
(
as
he
would
have
them
)
He
tells
us
of
the
Assize
of
Clarendon
,
an
Act
of
Parliament
made
10
Hen.
2
that
excluded
the
Bishops
in
such
Causes
;
and
of
a
Protestation
made
by
all
the
Bishops
in
the
11
R.
2.
whereby
they
renounce
all
Judgement
of
Right
in
such
Causes
,
upon
the
obligation
they
were
under
to
the
Canon
Law
:
and
to
render
it
impossible
,
they
should
have
any
such
Right
,
and
to
make
them
incompetent
Judges
,
he
adventures
to
say
and
prove
after
his
manner
,
That
the
Bishops
are
not
Peers
;
and
to
prepare
the
way
for
their
remove
out
of
that
House
,
he
adventures
to
broach
an
opinion
,
That
the
Bishops
are
not
one
of
the
three
States
,
nor
an
essential
part
of
the
Government
.
There
is
another
Book
in
Folio
,
called
A
discourse
of
the
Peerage
and
Jurisdiction
of
the
Lords
Spiritual
in
Parliament
.
This
Author
pursues
the
same
design
,
upon
the
same
grounds
,
with
some
peculiar
reasonings
of
his
own
.
If
therein
I
give
him
satisfaction
in
what
he
hath
peculiar
,
without
mentioning
distinctly
of
them
,
I
am
sure
he
will
thank
me
for
it
.
But
we
will
consider
the
Octavo's
Preface
,
examine
his
Precedents
,
and
shew
that
they
are
either
not
against
us
,
or
for
us
.
And
all
along
observe
the
candor
and
integrity
of
the
Author
.
We
shall
further
shew
how
absurd
his
Reasonings
are
to
make
those
Precedents
to
conclude
any
thing
for
his
purpose
.
We
will
also
with
the
clearest
demonstration
prove
,
That
the
Assize
of
Clarendon
establisheth
the
Bishops
Authority
and
right
to
judge
in
capital
Causes
in
Parliament
:
And
likewise
,
that
the
protestation
made
by
the
Bishops
11.
R.
2.
is
a
most
solemn
Recognition
of
their
Right
;
that
the
Bishops
have
sate
in
Judgment
in
the
greatest
capital
Causes
in
Parliament
that
ever
happened
;
that
this
their
Authority
hath
been
exercised
in
their
own
Persons
,
and
by
their
Proxies
,
and
recognized
by
Parliaments
,
and
other
great
Courts
of
Judicature
;
but
never
before
this
time
brought
into
Question
:
That
no
Canon
could
lessen
the
Right
,
at
most
it
is
but
a
Councel
for
their
guidance
in
the
exercise
of
their
Authority
,
which
they
might
observe
as
they
please
:
That
the
Popes
Canon
Law
was
never
received
into
England
,
that
prohibits
Bishops
to
judge
in
capital
Causes
:
That
the
Bishops
have
declined
to
assist
in
pronounceing
the
Sentence
of
death
,
sometimes
as
undecent
for
their
Order
;
but
notwithstanding
,
and
without
being
contrary
to
the
example
and
practice
of
their
Predecessors
,
the
Bishops
may
judge
upon
the
Plea
of
the
Earl
of
Danby's
Pardon
.
For
that
if
they
do
judge
the
Pardon
not
good
,
the
Earl
is
not
therefore
to
be
condemned
.
And
for
the
better
clearing
the
Bishops
Right
,
and
for
the
establishing
the
Government
,
we
shall
prove
that
the
Spiritual
Lords
are
Peers
of
the
Realm
,
and
one
of
the
three
States
,
and
an
essential
part
of
the
Government
,
which
no
legal
power
can
charge
or
alter
.
Lastly
,
we
shall
repel
the
calumnies
of
the
Adversaries
in
this
cause
,
by
which
they
indeavour
to
render
the
Prelates
unworthy
of
their
Right
,
and
to
put
them
amongst
the
prodigi
&
furiosi
,
that
are
scarce
allowed
to
be
Proprietors
of
their
own
.
And
conclude
our
Discourse
with
a
just
Apology
for
the
Lords
the
Bishops
.
CHAP.
II.
ANd
First
I
begin
with
the
Octavo
,
which
in
the
Introduction
to
his
Precedents
saith
,
That
he
will
not
meddle
with
the
General
Question
,
How
far
forth
Clergy-men
in
Orders
are
forbidden
having
any
thing
to
do
with
secular
matters
,
nor
what
in
that
particular
the
Imperial
Law
requires
,
as
that
Rescript
of
the
Emperor
Honorous
and
Theodosius
,
which
Enacts
that
Clergy-men
shall
have
no
communion
with
publick
Functions
,
or
things
appertaining
to
the
Court
;
or
the
Decree
of
Justinian
,
That
Bishops
should
not
take
upon
them
so
much
as
the
Oversight
of
an
Orphan
,
nor
the
proving
of
Wills
:
saying
,
It
was
a
filthy
thing
crept
in
amongst
them
,
which
appertained
to
the
Master
of
his
Revenue
.
Nor
what
our
common
Law
of
England
seems
to
allow
or
disallow
,
having
provided
a
special
Writ
in
the
Register
upon
occasion
of
a
Master
of
an
Hospital
,
being
it
seems
a
Clergy-man
,
and
chosen
an
Officer
in
a
Mannor
,
to
which
that
Hospital
did
belong
,
saying
it
was
,
Contra
Legem
&
consuetudinem
Regni
,
&
non
consonum
;
It
was
contrary
to
the
Law
and
Custom
of
the
Kingdom
,
and
not
agreeable
to
reason
,
That
he
who
had
cure
of
Souls
,
and
should
spend
his
time
in
Prayer
,
and
Church
duties
,
should
be
made
to
attend
upon
Secular
imployments
.
I
meddle
not
neither
saith
he
,
with
what
seems
to
be
the
Divine
Law
,
as
having
been
the
practice
of
the
Apostles
,
and
by
them
declared
to
be
grounded
upon
reason
,
and
to
be
what
in
reason
ought
to
be
;
which
was
this
,
That
they
should
not
leave
the
word
of
God
and
serve
Tables
,
though
that
was
a
Church
Office
;
and
yet
they
say
it
is
not
reason
we
should
do
that
,
for
their
work
was
the
Ministry
of
the
Word
and
Prayer
,
much
less
then
were
they
to
be
employed
in
secular
affairs
.
This
with
great
skill
he
prefixes
to
his
precedents
(
which
make
the
Law
of
Parliament
,
which
is
the
Law
of
the
Land
he
saith
)
and
after
he
had
said
all
that
he
could
to
make
the
very
pretence
it self
unlawful
,
and
to
perswade
the
shutting
of
the
Bishops
out
of
the
House
,
for
altogether
,
he
subjoyns
his
Precedents
:
he
thought
certainly
that
when
he
had
placed
the
Precedents
in
such
a
light
,
they
must
look
all
of
that
colour
,
and
have
that
appearance
,
which
he
indeavours
too
by
other
arts
to
give
them
.
But
we
shall
spoil
his
design
in
a
very
few
words
,
which
the
observant
Reader
will
apprehend
,
how
pertinent
it
is
,
and
satisfactory
to
what
is
objected
in
the
recited
Preface
,
though
we
do
not
for
brevity
sake
apply
our
answer
to
every
particular
of
his
Discourse
.
We
say
therefore
we
can't
think
the
Clergy
fit
for
Proctors
,
Publick
Notaries
and
Scriveners
,
or
Ushers
of
Court
,
or
other
subservient
offices
;
nor
fit
to
make
Constables
,
Tythingmen
,
and
Scavengers
;
nor
to
keep
watch
and
ward
,
and
to
be
a
Hayward
or
Bayliff
of
his
Worships
Mannors
and
Townships
:
Or
that
they
should
be
Merchants
or
Farmers
,
or
interpose
in
a-any
Secular
affairs
for
gain
:
That
it
was
declined
by
the
Pastors
and
Teachers
of
the
Church
,
as
an
indignity
for
them
to
administer
to
Tables
,
i.
e.
to
the
Provisions
of
Charity
in
their
Church-feast
,
and
they
ought
to
keep
far
off
from
a
suspition
of
filthy
Lucre
;
nay
,
not
to
preach
principally
for
gain
,
or
make
a
gain
of
Godliness
:
By
the
Imperial
Law
accordingly
,
they
were
discharged
from
the
trouble
of
being
Tutors
and
Curators
of
Orphans
;
nay
,
where
the
Law
had
designed
them
that
care
by
their
relation
to
the
Orphans
,
out
of
respect
to
their
dignity
they
were
discharged
by
the
Law
,
that
they
might
not
incur
unkindness
to
the
neglect
of
their
relations
,
nor
yet
be
incumbred
with
such
private
attendances
to
divert
them
from
their
great
Cure
.
Though
the
Presbytery
might
be
admitted
ad
Tutelam
Legitimam
by
their
own
consent
,
and
this
was
made
Law
by
Justinian
,
Cod.
L.
1.
By
which
Law
it
appears
not
a
Judgment
of
Incompetency
in
Clergy-men
,
to
intermedle
in
Secular
affairs
;
but
an
honourable
exemption
of
the
Bishops
from
such
private
concernments
,
was
the
reason
of
that
Law
.
It
was
further
provided
by
a
Law
of
Justinian
,
Cod.
L.
1.
That
Priests
should
not
be
made
of
Court-Officers
,
but
those
that
were
so
made
might
continue
,
the
reason
of
the
Law
is
contained
in
it
;
because
that
such
a
man
was
Enutritus
in
Executionibus
vehementibus
seu
asperis
&
his
quae
ex
ea
re
accidunt
peccatis
.
Non
utique
aequum
fuerit
modo
quidem
&
illico
esse
Taxeatam
&
Buleatam
&
facere
omnium
acerbissima
;
mox
autem
Sacerdotem
ordinari
,
&
humanitate
&
innocentia
exponentem
dogmata
.
In
all
this
the
honour
of
the
Church
was
consulted
;
But
business
of
weight
and
trust
was
committed
to
them
:
Valent.
Valens
appointed
Bishops
to
set
the
price
of
goods
sold
with
this
reason
,
Negotiatores
ne
modum
mercandi
videantur
excedere
,
Episcopi
Christiani
quibus
verus
cultus
est
adjuvare
pauperes
,
provideant
.
Justin
.
79.
Novel
,
submits
Monks
to
the
Jurisdiction
of
Bishops
Novel
83.
he
decrees
the
like
for
Clerks
,
as
well
for
matters
Civil
,
as
for
Ecclesiastical
Crimes
,
reserving
others
to
his
officers
;
and
furthermore
,
in
case
the
Bishops
cannot
or
will
not
take
cognisance
of
them
,
he
refers
them
to
his
Magistrates
.
Nay
,
the
Emperours
proceeded
further
,
and
did
give
Jurisdiction
to
Bishops
,
not
only
over
Clerks
,
but
also
over
Laymen
.
Constantine
the
Great
(
whose
Law
the
Canonists
ascribe
to
Theodosius
)
made
a
very
favourable
constitution
in
behalf
of
Bishops
;
whereupon
he
gives
them
the
Cognisance
of
all
civil
Causes
betwixt
Lay-men
,
upon
the
bare
demand
of
one
of
the
Parties
,
albeit
the
other
did
not
consent
unto
it
,
in
such
sort
as
the
Magistrates
are
bound
to
desist
from
the
Cognisance
of
it
,
as
soon
as
one
of
the
parties
shall
require
to
be
dismist
and
sent
thither
,
whether
it
be
at
the
beginning
or
middle
or
end
of
the
suit
.
Arcadius
and
Honorius
derogating
from
this
Law
,
will
have
it
to
be
by
the
joint
consent
of
both
parties
,
and
that
by
way
of
Arbitrement
.
The
same
Emperours
together
with
Theodosius
do
ordain
,
That
there
shall
be
no
appeal
from
the
Episcopal
Judgment
,
and
that
their
sentence
shall
be
put
in
execution
by
the
Serjeants
and
Officers
of
the
Judges
.
The
two
last
,
Justinian
would
have
to
be
observed
;
for
as
for
that
of
Constantine
he
did
not
insert
it
in
his
Books
,
which
Gratian
hath
confest
in
his
decrees
:
and
whereas
in
the
Code
of
Theodosius
,
the
inscription
of
the
Title
runs
thus
,
De
Episcopali
Judicio
;
Justinian
instead
of
it
hath
put
De
Episcopali
audientia
,
to
shew
that
it
is
not
properly
any
Jurisdiction
that
is
bestowed
upon
them
but
a
friendly
and
arbitrary
composition
to
abridge
process
.
After
this
the
Emperor
Charles
the
Great
in
his
Capitulary
renewed
the
Law
of
Constantine
,
and
gave
the
same
jurisdiction
therein
contained
unto
all
the
Bishops
,
repeating
the
same
Law
,
word
for
word
;
which
the
Popes
have
not
forgot
in
their
Decrees
,
where
they
have
inserted
the
Constitution
of
Constantine
under
the
name
of
Theodosius
,
just
as
Justinian
did
in
his
Books
,
the
Responses
and
Commentaries
of
Lawyers
to
give
them
the
strength
of
a
Law
.
But
I
know
there
is
a
Question
made
by
very
Learned
men
,
Whether
that
Law
of
Constantine
is
not
supposititious
?
But
whether
it
be
or
be
not
,
we
have
alledged
enough
without
it
to
prove
that
Christian
Emperors
,
and
the
ancient
Christian
Church
was
not
of
the
opinion
of
this
Author
,
and
that
his
Citations
so
much
as
they
are
true
,
are
nothing
to
his
purpose
;
The
cause
or
reason
of
those
two
Laws
expressed
in
the
Laws
are
,
For
that
the
authority
of
Sacred
Religion
invents
and
finds
out
many
means
of
allaying
Suits
,
which
the
Tyes
and
Forms
of
captious
Pleadings
will
not
admit
of
;
That
the
judgments
of
Bishops
are
true
and
uncorrupted
;
That
this
is
the
choaking
of
those
malicious
seeds
of
Suits
;
To
the
intent
that
poor
men
intangled
in
the
long
and
lasting
snares
of
tedious
Actions
,
may
see
how
to
put
a
speedy
end
to
those
unjust
demands
which
were
proposed
to
them
.
But
the
Pope
his
Decretals
,
the
Court
of
Rome
,
and
other
Ecclesiastical
Courts
are
of
old
complained
of
,
as
the
source
of
Iniquity
and
injustice
,
and
of
all
the
shufflings
and
tricks
that
ever
could
be
invented
in
matter
of
pleading
,
and
that
all
Papal
Christendome
hath
groaned
miserably
under
them
;
and
I
wish
that
we
may
never
hear
duly
of
any
such
complaints
of
our
Ecclesiastical
Courts
.
It
is
worth
observing
how
the
Church
and
Common-wealth
did
Actions
contrary
to
each
other
in
pursuance
of
their
several
interests
.
The
Common-wealth
endeavour'd
to
engage
Bishops
in
the
highest
secular
affairs
and
in
their
supream
Judicatures
,
and
so
the
people
would
have
it
,
not
doubting
of
such
administrations
as
they
might
fairly
expect
from
the
Bishops
ability
,
Authority
and
Religion
.
But
on
the
other
side
the
Church
did
as
much
decline
them
as
she
could
,
and
so
far
as
she
might
,
she
used
her
Restraint
only
in
prohibiting
them
from
medling
for
their
own
private
gain
in
Temporal
affairs
.
Can.
14.
Arles
,
clericus
turpis
lucri
gratia
aliquid
genus
negotii
non
admittat
:
but
they
did
not
take
from
them
all
opportunities
both
of
doing
good
to
their
people
and
securing
the
Secular
power
(
of
which
they
became
part
)
to
their
own
assistance
,
and
without
refusing
their
services
to
the
Prince
when
required
:
from
which
practice
of
the
Church
,
the
Pope
took
advantage
to
put
his
peremptory
restraints
upon
the
Bishops
and
Clergy
from
intermedling
in
Secular
affairs
to
make
them
the
more
submitted
and
dependent
upon
himself
,
the
better
to
arrive
to
his
Ecclesiastical
Monarchy
.
The
Dignities
and
favours
that
Bishops
received
at
the
Courts
of
Princes
,
was
the
envy
of
the
Pope
,
and
matter
of
quarrel
against
them
;
and
Petrus
Blissensis
,
upon
such
an
occasion
makes
an
Apologie
to
Pope
Alexander
the
Third
,
in
an
Epistle
writ
in
the
Name
of
the
Arch-Bishop
of
Canterbury
,
in
defence
of
the
Bishops
of
Ely
,
Worcester
and
Norwich
,
who
attended
then
at
Court
upon
the
service
of
the
King
:
which
because
he
hath
been
an
Author
produced
by
the
other
side
in
this
Cause
,
and
because
what
he
says
for
their
being
admitted
into
the
Councels
of
Princes
,
contains
so
many
advantages
to
the
Church
and
State
,
I
shall
here
transcribe
;
Non
est
novum
quod
Regum
Conciliis
intersint
Episcopi
,
sicut
enim
honestate
&
sapientia
caeteros
antecedunt
,
sic
expeditiores
&
efficaciores
in
Reipub.
administratione
censentur
;
quia
sicut
scriptum
est
(
minus
salubriter
disponitur
regnum
,
quod
non
regitur
consilio
Sapientum
)
in
quo
notatur
eos
consiliis
regum
debere
assistere
qui
sciant
&
velint
&
possint
patientibus
compati
,
terrae
ac
populi
saluti
prospicere
erudire
adjustitiam
Reges
,
imminentibus
occursare
,
periculis
,
vitaeque
maturioris
exemplis
informare
subditos
,
&
quadam
Authoritate
potestativa
praesumptionem
malignantium
cohibere
:
He
proceeds
in
his
discourse
,
and
brings
the
examples
of
Samuel
,
Isaiah
,
Elisha
,
Jehojada
,
Zachary
,
who
were
Priests
and
Prophets
respectively
,
and
yet
imployed
in
Princes
Courts
and
Councels
of
Kings
,
and
adds
,
Vnum
noveritis
quia
nisi
familiares
&
Consiliarii
Regis
essent
Episcopi
supra
dorsum
Ecclesiae
hodie
fabricarent
peccatores
,
&
immaniter
&
intolerabiliter
opprimeret
Clerum
praesumptio
laicalis
:
then
he
adds
advantages
to
Religion
and
policy
hereby
,
Istis
mediantibus
mansuescit
circa
simplices
judicarius
rigor
—
admittitur
—
clamor
pauperum
,
Ecclesiarum
Dignitas
erigitu
,
relevatur
pauperum
indigentia
,
firmatur
in
Clero
libertas
,
pax
in
populis
,
justitia
libere
exercetur
,
superbia
opprimitur
,
augetur
laicorum
devotio
,
religio
fovetur
,
diriguntur
judicia
.
It
is
well
known
(
and
I
will
not
be
so
impertinent
as
to
go
about
to
prove
)
that
the
chief
Ministers
of
Religion
have
been
the
greatest
men
in
Civil
Government
in
all
Nations
,
and
in
all
Religions
as
well
as
in
ours
;
and
as
certain
it
is
,
this
Author
will
never
find
reason
or
precedent
of
Authority
or
weight
enough
to
perswade
the
contrary
;
or
an
alteration
therein
notwithstanding
that
complaint
which
he
tells
us
was
made
in
the
45
of
E.
3.
fol.
by
the
two
Houses
,
Counts
,
Barons
,
and
Commons
to
the
King
,
how
the
Government
of
the
Kingdom
had
been
a
long
time
in
the
hands
of
the
Clergy
;
Per
cet
grant
mischiefs
&
dammages
sont
avenuz
en
temps
passe
,
&
pluis
purroit
eschire
en
temps
avenir
,
al
disherison
de
la
Coronne
&
grant
prejudice
du
Royalme
:
Whereby
great
mischiefs
and
damages
have
happened
in
times
past
,
and
more
may
fall
out
in
time
to
come
to
the
disherison
of
the
Crown
,
and
great
prejudice
to
the
Realm
.
And
therefore
they
humbly
pray
the
King
that
he
would
imploy
Laymen
;
This
they
had
too
much
reason
to
desire
then
,
when
the
Pope
had
advanced
his
Authority
over
them
,
and
put
them
under
Oaths
of
Canonical
obedience
,
which
rendred
them
less
fit
to
be
intrusted
in
the
Government
of
this
Kingdom
,
who
were
become
Subjects
of
another
Empire
,
usurping
continually
upon
us
;
which
will
never
be
our
Case
again
if
the
Bishops
can
help
it
.
CHAP.
III.
ANd
now
we
proceed
to
the
Precedents
,
of
which
the
Octavo
Book
principally
consists
,
which
seem
,
as
that
Author
and
the
other
in
Folio
would
have
it
,
to
be
not
only
a
discontinuance
of
the
Right
of
the
Bishops
to
judge
in
Capital
Causes
,
but
an
argumentative
proof
that
they
never
had
any
;
because
it
can
as
they
say
be
never
proved
to
be
otherwise
.
Immemorial
time
I
confess
is
a
great
evidence
,
of
the
right
whether
In
non
user
or
user
,
and
a
fair
reason
to
allow
or
deny
the
pretence
;
and
therefore
we
will
now
consider
the
Precedents
:
As
for
the
argumentative
and
discoursive
parts
of
those
books
they
will
fall
in
to
be
answered
by
way
of
Objection
,
when
we
are
discoursing
and
proving
the
affirmative
part
of
the
Question
,
and
will
best
be
reproved
by
being
placed
near
the
light
of
our
reasons
for
establishing
the
Right
of
the
Prelates
.
If
we
do
not
give
some
satisfaction
to
these
Precedents
,
whatever
we
shall
say
,
I
know
can
signifie
no
more
than
an
Argument
to
prove
a
thing
not
true
,
which
is
possible
,
&
de
facto
,
testified
by
unexceptionable
witnesses
;
for
such
the
Precedents
will
be
taken
until
exceptions
are
made
to
their
Testimony
.
The
Precedents
produced
by
the
two
Authors
are
mostly
the
same
,
only
the
Octavo
hath
more
than
what
the
Folio
Book
hath
recited
.
The
first
case
that
the
Octavo
produceth
against
the
Lords
Spiritual
,
their
Right
of
being
Judges
in
Parliament
in
Capital
Causes
,
is
that
of
Roger
Mortimer
Earl
of
March
,
Simon
Beresford
and
others
(
who
were
no
Peers
,
and
yet
tryed
in
Parliament
)
and
no
Bishops
present
;
and
we
agree
it
probable
for
his
reason
,
because
there
is
mention
made
of
Counts
,
Barons
,
and
Peers
,
and
Peers
being
named
after
Barons
could
not
comprehend
the
Bishops
.
And
because
we
think
it
reasonable
,
when
the
orders
of
that
House
are
particularly
enumerated
,
that
the
order
omitted
should
be
intended
absent
;
but
we
will
not
allow
but
that
Peers
is
,
and
so
is
Grants
comprehensive
of
Bishops
:
Nor
will
we
when
the
entry
is
General
intend
the
Bishops
absent
,
except
he
cannot
otherwise
prove
them
absent
,
which
we
mention
in
the
entry
once
for
all
,
as
just
and
common
measures
between
us
in
this
dispute
.
It
will
appear
true
what
we
affirm
of
the
words
,
Peers
and
Grants
,
by
what
follows
:
And
if
we
should
not
insist
upon
their
being
present
,
when
nothing
appears
to
the
contrary
,
we
should
do
wrong
to
the
Cause
.
But
to
come
to
the
consideration
of
this
Precedent
:
Is
this
a
just
Precedent
?
Is
not
Magna
Charta
hereby
violated
?
Are
not
the
proceedings
altogether
illegal
?
Here
are
Commoners
tryed
by
Peers
in
Parliament
.
It
is
well
known
,
that
the
high
displeasure
of
the
King
was
concerned
,
and
that
he
did
interpose
with
a
plenitude
of
Power
in
this
particular
case
against
the
fundamental
constitutions
of
the
Government
;
the
greatest
crime
of
this
Earl
was
too
much
familiarity
with
the
Kings
Mother
,
Indignation
and
Revenge
and
not
Justice
formed
the
Process
,
It
was
proceeded
to
condemn
him
Judicio
Zeli
,
upon
pretence
of
the
Notoriety
of
the
fact
.
Sir
Robert
Cotton
in
his
abridgment
tells
us
Anno
4.
Ed.
3.
That
the
King
charged
the
Peers
(
who
as
Judges
of
the
Land
,
by
the
Kings
assent
adjudged
)
that
the
said
Roger
as
a
Traytor
should
be
drawn
and
hanged
.
The
Bishops
were
not
present
,
certainly
they
were
none
of
the
Judges
that
gave
Judgment
as
the
King
pronounced
without
Cognisance
of
the
Cause
;
The
King
had
more
Honour
for
their
Order
,
than
to
call
then
to
such
Drudgery
and
service
of
the
Crown
:
The
iniquity
of
the
sentence
appears
by
the
reversal
thereof
in
Parliament
,
25
Ed.
3.
in
which
the
Original
Record
is
recited
:
Sir
Robert
Cotton
in
his
Abridgment
tells
us
,
That
this
Earl
being
condemned
of
certain
points
whereof
he
deserved
commendation
,
and
for
other
altogether
untrue
surmises
,
there
was
a
Bill
brought
into
the
Lords
House
for
the
reversal
of
the
Judgment
,
and
it
was
reverst
by
Act
of
Parliament
;
indeed
it
could
not
be
otherways
reverst
:
for
no
Court
can
judicially
reverse
their
own
Judgment
;
for
Error
in
Law
and
Judgment
in
the
Lords
House
,
(
being
the
dernier
Resort
)
cannot
be
repealed
,
but
undone
it
may
be
by
themselves
in
their
legislative
Capacity
.
Here
saith
the
Octavo
,
the
Bishops
were
not
present
at
the
passing
of
that
Bill
,
but
yet
the
Octavo
Gentleman
will
not
pretend
that
the
Bishops
are
to
be
excluded
in
any
Acts
of
Legislation
.
Why
therefore
was
he
so
willing
to
impose
upon
the
people
so
falsely
,
and
unrighteously
,
and
to
produce
this
as
a
Precedent
against
the
Bishops
Right
of
Session
in
matters
of
that
Nature
,
by
himself
recognized
?
There
is
nothing
can
excuse
him
herein
,
for
he
is
certainly
self-condemned
of
undue
Art
in
thi●
matter
.
In
20
R.
2.
the
Case
of
Sir
Thomas
Haxey
happen'd
,
which
the
Octavo
book
(
page
20
)
produceth
against
us
.
He
was
forsooth
condemned
in
Parliament
,
for
that
he
had
preferred
a
Bill
in
the
House
of
Commons
,
for
regulating
the
outragious
Expences
of
the
Kings
House
,
particularly
of
Bishops
and
Ladies
.
Haxey
was
for
this
tryed
,
and
condemned
to
death
for
it
in
Parliament
.
And
here
appears
to
be
no
Bishops
,
and
there
ought
not
to
have
been
any
for
these
reasons
.
First
,
that
the
Bishops
were
the
parties
wronged
,
and
therefore
could
not
in
any
fitness
give
sentence
;
But
Secondly
,
(
if
that
was
not
in
the
Case
)
that
that
caus'd
the
process
was
Royall
anger
upon
a
great
faction
of
State
,
(
in
which
I
believe
the
Bishops
were
not
engaged
)
made
for
deposing
of
Rich.
the
2d
.
that
was
understood
by
the
King
to
be
in
acting
,
and
promoted
by
Sir
Thomas
Haxey
by
his
Bill
.
It
was
this
made
the
sentence
altogether
abhorrent
from
legal
justice
in
matter
and
form
.
Here
was
a
Tryall
of
a
Commoner
by
Peers
,
a
matter
made
Treason
,
that
did
participate
nothing
of
the
nature
of
Treason
.
But
the
discreet
Gentleman
will
take
notice
of
nothing
that
is
faulty
in
this
Case
,
but
that
this
proceeding
tends
to
abridge
freedom
of
speech
in
Parliament
,
which
he
loved
from
his
youth
,
which
we
do
not
blame
in
him
:
As
he
did
also
to
talk
against
Bishops
,
which
he
cannot
depart
from
,
when
he
is
old
.
But
in
the
first
of
Hen.
4.
this
Judgment
of
Attainder
was
repealed
and
annull'd
,
as
he
himself
tells
us
Fol.
25.
And
here
the
Lords
Spiritual
were
Judges
,
which
must
be
remark't
for
the
honour
of
their
Order
,
that
though
they
were
the
pars
laesa
,
by
that
fault
,
such
as
it
was
;
yet
notwithstanding
they
concurred
readily
to
the
repealing
the
Judgment
.
But
by
this
it
appears
that
the
Bishops
did
agreeable
to
their
rightful
Authority
,
sit
in
Judgment
in
Parliament
in
capital
Causes
;
and
therefore
in
consequence
,
because
it
is
a
Case
of
his
own
production
,
he
ought
to
allow
that
the
Bishops
might
have
had
Session
in
the
Repeal
of
the
Attainder
of
Roger
Earl
of
March
,
if
it
had
been
,
or
could
have
been
repealed
by
Judgment
,
or
a
judicial
Act
of
the
Lords
House
.
For
will
this
renownedly
wise-man
,
for
avoiding
of
this
his
own
testimony
which
he
hath
justly
produced
(
though
it
proves
to
testify
against
himself
)
say
,
that
the
Bishops
can
be
present
at
repealing
of
a
Judgment
of
Condemnation
,
but
not
present
at
confirming
any
?
Doth
not
it
,
in
this
proceeding
come
before
them
in
Judgment
,
and
consideration
,
Whether
the
sentence
shall
be
repealed
or
affirmed
,
and
is
not
this
with
a
witness
,
a
question
of
blood
?
The
Judgment
being
upon
an
appeal
or
review
must
be
final
,
peremptory
and
decretory
,
and
is
more
a
question
of
blood
,
than
the
Cause
can
be
reckoned
and
deem'd
to
be
upon
the
first
Instance
.
Or
doth
he
think
fit
that
there
should
be
two
sorts
of
Judges
appointed
,
a
hanging
Judge
,
and
a
saving
Judge
;
if
he
doth
,
I
am
sure
he
will
not
be
able
to
find
an
employment
for
a
just
Judge
.
So
that
,
I
think
,
to
all
men
that
can
consider
,
we
have
sufficiently
vacated
that
testimony
,
that
the
Cases
of
the
Earl
March
and
Haxey's
seem'd
to
give
against
us
,
and
they
are
fairly
come
over
to
our
side
.
And
we
have
provided
herein
sufficiently
for
the
recovering
of
all
men
into
an
indifferency
against
the
Prejudices
,
this
Octavo
by
its
great
Esteem
hath
done
to
their
Judgments
.
The
Third
Precedent
is
,
15
E.
3.
That
Parliament
was
declared
to
be
called
for
the
Redress
of
the
breach
of
the
Laws
,
and
of
the
Peace
of
the
Kingdom
,
and
as
the
Octavo
hath
it
Fol.
8.
because
the
Prelates
were
of
opinion
,
that
it
belonged
not
properly
to
them
to
give
Councel
about
keeping
the
peace
,
nor
punishing
such
evils
;
they
went
away
by
themselves
,
and
returned
no
more
(
saith
he
)
but
that
is
out
of
the
Record
,
(
so
ready
this
Authour
in
Octavo
is
to
shut
them
out
of
the
House
;
)
but
I
pray
would
not
the
Temporal
Lords
,
if
the
King
had
consulted
the
Parliament
in
matters
Ecclesiastical
,
have
in
like
manner
departed
,
but
would
such
departure
of
the
Temporal
Lords
exclude
them
from
having
any
thing
to
do
in
the
Affairs
of
the
Church
;
Why
then
are
the
Bishops
treated
in
their
Right
so
unequally
?
And
this
must
serve
for
an
Answer
to
the
Folio
,
p.
17.
where
he
is
very
large
in
reciting
Records
of
process
,
and
Proclamation
against
the
Earl
of
Northumberland
,
agreed
only
by
Lords
.
If
a
Liturgy
,
or
book
of
Canons
were
to
be
established
by
Law
,
the
Bishops
certainly
would
have
the
forming
of
them
.
The
Octavo
saith
,
that
Commissions
were
then
framed
by
the
Counts
,
Barons
,
and
other
Grants
,
and
brought
into
Parliament
,
but
no
Bishop
was
present
,
so
much
as
to
hear
the
Commissions
read
;
because
they
were
to
enquire
into
all
Crimes
,
as
well
Capital
,
as
others
.
And
for
affirming
this
(
for
all
that
can
appear
to
us
)
he
only
consulted
his
Will
and
pleasure
like
an
honest
man
,
to
the
cause
he
defends
,
for
he
hath
not
told
us
from
any
Record
,
what
the
Nature
of
these
Commissions
were
.
But
we
observe
,
that
though
this
Parliament
was
called
for
matters
of
the
peace
,
yet
the
Bishops
had
their
Summons
,
and
it
was
not
a
Parliament
excluso
Clero
.
The
Bishops
it
seems
upon
the
opening
of
the
Parliament
,
and
the
causes
of
convening
,
modestly
,
it
seem'd
,
declared
that
they
were
not
competent
,
as
not
perhaps
studied
in
Pleas
of
the
Crown
,
or
perhaps
had
not
been
so
observant
in
fact
,
of
the
matters
of
grievance
.
What
harm
in
all
this
?
they
that
cannot
propound
may
judge
of
Expedients
propounded
,
and
so
did
they
;
for
it
doth
appear
by
the
Record
6
E.
3.
N.
3.
that
the
Results
of
the
Temporal
Lords
were
approved
in
full
Parliament
,
by
the
King
,
Bishops
,
Lords
and
Commons
,
which
the
Folio
agrees
.
But
it
seems
modesty
is
a
dangerous
thing
;
and
not
to
be
forward
to
judge
and
determine
,
though
the
matter
be
not
understood
,
may
be
a
good
Cause
to
turn
a
Judge
out
of
his
Office
,
and
forfeit
his
Judicature
.
Besides
,
the
principal
business
of
this
Parliament
was
Legislation
,
in
which
the
Prelates
have
an
undisputed
Right
of
Session
,
and
may
they
not
advise
upon
what
they
make
into
a
Law
?
May
not
they
consider
of
the
matter
that
is
to
pass
into
a
Law
in
all
the
steps
it
makes
?
But
it
is
admirable
what
the
Folio
Book
saith
,
viz.
that
by
this
Record
it
is
evident
that
the
Prelates
have
no
judicial
power
over
any
personal
Crimes
,
which
are
not
Parliamentary
(
I
suppose
he
means
Crimes
not
debated
in
Parliament
)
This
doth
very
much
fortify
the
foundations
and
grounds
of
his
discourse
.
What
are
the
grounds
of
his
discourse
,
I
shall
never
be
able
to
find
out
,
except
it
be
an
over-weening
Opinion
of
himself
to
meddle
with
these
matters
which
seem
too
high
for
him
;
and
to
which
the
reading
of
my
Lords
Cooks
Institutes
,
and
the
broken
Commentaries
of
the
Law
,
will
never
render
any
man
competent
.
It
s
true
the
Bishops
have
never
any
power
and
Cognizance
of
any
Causes
,
except
they
are
commissionated
thereto
,
out
of
Parliament
.
But
as
true
it
is
of
the
Temporal
Lords
;
and
therefore
whatsoever
advantage
this
will
do
his
Cause
,
with
all
my
heart
let
him
take
it
.
The
next
Case
produced
as
a
Precedent
for
them
,
is
the
Case
of
Sir
William
de
La
Zouch
,
and
Sir
John
Gray
,
for
a
quarrel
in
the
Kings
presence
;
they
were
both
committed
to
the
Tower
,
and
after
brought
into
Parliament
,
no
Bishops
there
.
It
is
a
Case
that
could
not
be
judged
there
,
neither
was
it
;
but
one
of
them
was
discharged
,
because
no
probable
matter
of
offence
against
him
,
and
the
other
remanded
to
the
Tower
,
(
I
suppose
)
to
be
proceeded
against
as
the
Law
required
.
Is
this
cause
(
I
pray
)
to
his
purpose
?
have
not
the
Prelates
judgment
in
causes
of
Trespass
,
that
properly
come
before
that
House
by
his
own
Confession
?
And
yet
the
Octavo
remarks
here
,
that
no
Bishops
were
present
to
judge
so
much
as
of
a
Battery
;
though
the
Record
warrants
him
to
say
only
an
Assault
.
But
out
of
his
great
sincerity
,
and
to
make
a
Precedent
where
he
could
not
find
one
for
his
turn
,
he
foists
a
Battery
into
the
Case
,
hoping
that
then
the
forward
Reader
would
supply
the
Rest
,
and
smell
blood
in
the
Case
,
which
must
be
interdicted
to
a
Bishops
Cognizance
.
But
observe
what
an
aking-tooth
he
hath
against
the
Bishops
Right
;
for
he
could
not
but
have
in
his
mind
,
what
almost
immediately
after
,
he
writes
down
in
his
Octavo
(
viz.
)
the
Case
of
Sir
John
Lee
,
24
E.
3.
and
of
several
persons
50
E.
3.
and
51
E.
3.
censured
in
Parliament
,
by
Bishops
for
misdemeanors
.
And
he
saith
well
they
might
;
which
certainly
together
with
the
Case
of
Michael
de
la
Pooll
,
10
R.
2.
he
troubled
himself
to
transcribe
,
to
make
a
shew
of
Number
and
false
musters
,
a
sleight
that
must
not
pass
upon
the
people
,
and
a
Stratagem
that
will
never
get
him
any
advantage
towards
a
Victory
.
We
omitted
to
consider
the
Case
of
Sir
William
de
Thorpe
50
E.
3.
as
it
lies
in
order
in
his
Book
,
because
we
thought
it
more
expedite
to
examine
those
that
spake
to
the
same
thing
together
,
but
now
we
will
examine
it
.
The
Record
of
a
Judgment
of
death
against
him
for
Buggery
,
was
brought
into
Parliament
,
saith
the
Octavo
;
in
full
Parliament
saith
Sir
Robert
Cotton
,
and
the
King
caused
it
to
be
read
before
the
Grants
in
Parliament
:
The
Bishops
(
saith
the
Octavo
)
could
not
be
there
,
because
this
was
no
imployment
for
them
;
and
thus
he
proves
his
cause
,
it
was
so
,
because
it
was
so
.
And
for
want
of
proof
concludes
he
hath
a
very
good
Cause
:
But
he
knows
if
he
would
tell
us
the
truth
,
that
a
full
Parliament
doth
include
Bishops
;
that
the
Bishops
are
truly
Grants
and
so
called
,
that
the
Bishops
could
not
vanish
away
,
at
the
putting
of
the
question
.
But
we
should
have
had
a
most
famous
Record
of
that
story
and
wonderful
Accident
.
The
Cause
of
William
de
Weston
and
John
de
Gomenits
1
R.
2.
was
for
traiterously
surrendring
Towns
and
Castles
in
Flanders
to
the
Kings
Enemies
.
And
the
question
was
,
whether
they
behaved
themselves
well
in
their
defence
,
and
did
therein
like
valiant
and
faithful
Commanders
;
Whether
the
Towns
could
be
preserved
against
the
strength
of
the
Enemies
that
did
attach
them
.
Indeed
not
a
very
proper
question
for
a
Bishop
to
determine
:
The
Examination
of
the
Charge
and
defence
was
committed
to
several
Lords
Temporal
,
named
in
the
Record
;
But
it
must
be
observed
,
though
these
Lords
managed
the
Cause
,
found
the
Towns
upon
Examination
,
not
of
necessity
,
but
willfully
delivered
,
and
agreed
what
Judgment
should
be
pronounced
against
them
:
Yet
observe
their
Answers
were
put
in
full
Parliament
.
When
the
Judgment
was
pronouncing
,
there
was
likewise
sitting
a
full
Parliament
,
which
the
Octavo
doth
wilfully
omit
.
And
the
Record
further
saith
,
that
they
were
brought
before
the
Seigniors
in
Parliament
,
Friday
the
27.
of
November
,
and
again
,
before
the
said
Lords
,
Saturday
the
28.
of
Nov.
That
all
this
while
in
the
Record
,
there
is
no
mention
of
the
Names
of
any
particular
Lords
,
so
that
we
hear
nothing
yet
in
the
Record
,
but
of
a
full
Parliament
,
Seigniors
in
Parliament
,
which
are
the
most
comprehensive
terms
,
and
can
,
and
do
include
Bishops
,
and
strongly
intend
them
included
.
He
that
saith
all
,
excepts
none
,
the
Record
saith
,
that
when
the
Judgment
was
to
be
pronounced
,
Les
Seigniors
dudit
Parliament
cestascavoir
,
and
then
names
the
Duke
of
Lancaster
,
Earls
of
Cambridge
,
March
,
Arundel
,
Warwick
,
Stafford
,
Suffolk
,
Salisbury
,
Northumberland
,
Lord
Nevil
and
Clifford
;
and
other
Lords
,
Barons
and
Bannerets
being
then
in
Parliament
,
had
met
and
advised
upon
the
matters
before
.
These
Lords
agreed
it
seems
the
Judgment
for
the
whole
House
,
and
it
was
pronounced
in
full
Parliament
;
and
that
in
the
Names
and
Authority
of
the
whole
Parliament
.
Pray
let
it
be
observed
,
that
when
the
Record
speaks
of
Seigniors
,
in
the
first
part
of
it
,
no
Lords
are
named
,
and
so
all
intended
;
when
afterwards
he
mentions
the
Lords
,
the
Record
saith
avantdits
,
or
foresaid
Lords
,
and
no
Lords
named
yet
,
so
that
all
the
Lords
of
Parliament
are
then
likewise
included
:
But
when
he
names
the
Lords
that
had
advised
,
there
is
no
avantdits
,
or
aforesaid
.
Though
the
Octavo
puts
the
avantdits
,
or
the
aforesaid
to
the
named
Lords
,
to
the
purpose
,
that
it
may
seem
,
that
no
Lords
were
present
in
this
Cause
before
in
Parliament
,
but
those
named
and
mentioned
,
amongst
the
which
there
were
no
Bishops
,
against
the
Faith
of
the
Record
.
To
the
Record
I
appeal
.
Rot.
Parl.
1
R.
2.
Mem.
5.
The
next
is
Sir
Ralph
Ferrers
his
Case
,
4
R.
2.
He
was
brought
into
Parliament
,
and
there
tryed
for
Treason
,
in
holding
intelligence
with
the
French
.
The
Entry
is
,
It
seem'd
to
the
Lords
of
the
Parliament
,
that
the
said
Sir
Ralph
was
innocent
.
This
testimony
too
is
argumentative
,
and
concludes
Bishops
not
there
,
because
not
expresly
mentioned
,
as
they
were
in
Alice
Perries
Case
,
1
R.
2.
I
never
could
have
a
good
opinion
of
a
cause
,
that
hath
nothing
but
argumentative
proofs
,
for
this
reason
;
because
there
are
more
things
possible
than
ever
happen'd
;
but
a
reasoning
Witness
is
always
accounted
a
willing
Witness
,
and
therefore
a
Witness
suspectae
fidei
;
but
most
certain
,
a
Witness
with
a
reason
His
testimony
is
no
better
than
his
reason
.
But
I
pray
must
the
Entries
of
the
Clerks
be
so
nicely
weighed
?
Are
they
so
oracularly
penned
,
that
every
iota
of
the
Journal
must
comprehend
a
Mystery
of
State
,
and
carry
in
it
the
very
constitution
of
the
Government
?
must
that
be
such
and
no
other
,
than
short
or
large
Entries
make
it
?
Must
a
Criticism
upon
the
Clerks
form
of
Entry
alter
and
refix
the
Government
?
must
it
change
and
be
ambulatory
at
the
haste
or
leasure
,
the
short
or
more
large
Entry
of
the
Clerk
?
Did
ever
any
wise
man
,
before
this
Criticiser
,
ever
determine
questions
of
the
greatest
moment
upon
such
trifling
considerations
?
or
suspend
the
most
momentous
concerns
of
a
Nation
,
the
very
Government
it self
,
upon
such
a
very
slender
thread
?
But
to
leave
no
scope
for
such
Cavillations
,
we
will
turn
him
to
the
Parl.
Rolls
of
14
E.
3.
Were
not
the
Grants
the
Bishops
,
as
well
as
the
Temporal
Lords
?
Are
not
both
Bishops
and
Peers
called
Seigniors
?
Are
not
Seigniors
and
Grants
of
the
same
import
?
And
as
certainly
this
argumentative
testimony
makes
no
credit
to
the
Cause
,
nor
to
the
Author
of
the
Octavo
who
produc'd
it
.
The
next
Case
is
of
the
Bishop
of
Norwich
,
7
R.
2.
who
is
brought
to
Judgment
in
Parliament
,
amongst
other
offences
,
for
betraying
Graveling
to
the
French
,
which
was
Treason
.
And
this
cause
the
Record
saith
,
was
heard
before
the
Lords
Temporal
:
And
here
I
will
agree
that
the
Bishops
were
not
present
,
but
I
will
not
allow
that
they
were
excluded
.
And
if
that
addition
of
Temporal
had
been
to
the
Seigniors
in
Sir
Ralph
Ferrers
Case
,
or
to
the
Grants
in
Sir
Wil.
Thorps
,
I
would
have
allowed
the
Bishops
in
those
Cases
not
present
likewise
.
But
why
I
pray
may
it
not
be
with
as
much
fairness
concluded
that
the
Bishops
were
present
(
because
the
addition
of
Temporal
is
not
made
to
Seigniors
and
Grants
)
in
the
said
Cases
of
Sir
Ralph
Ferrers
,
and
Sir
Wil.
Thorp
,
as
it
can
be
that
they
were
absent
in
the
hearing
of
the
said
Cases
,
because
the
word
Prelate
or
Bishop
,
is
not
in
those
Entries
expressed
?
If
he
will
be
just
and
change
the
Tables
,
He
must
yield
us
the
Argument
,
for
he
knows
that
there
is
no
establishment
in
the
Modus
tenendi
Parliamentum
,
directing
the
Forms
of
Entries
,
or
any
solemnes
formulae
,
whose
import
and
value
is
ascertained
and
made
indisputable
,
but
are
to
be
expounded
by
an
easy
interpretation
;
such
as
we
use
,
when
we
make
fair
constructions
in
common
speech
.
But
to
give
this
another
Answer
,
The
Arguer
is
herein
guilty
of
that
fallacy
which
they
call
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
or
non
causa
pro
causa
;
And
his
Witness
doth
not
speak
ad
idem
.
The
Bishop
was
an
Ecclesiastical
person
,
and
though
the
Bishops
might
try
a
Temporal
Lord
for
the
same
offence
,
yet
they
would
not
consent
to
try
a
Bishop
,
and
forgo
that
great
priviledge
of
the
Clergy
,
with
so
much
earnestness
defended
in
that
Age
,
to
be
exempt
from
secular
Judicatures
.
They
would
not
be
present
to
try
,
because
of
the
person
of
the
Defendant
,
which
cannot
be
drawn
into
Argument
to
prove
that
they
had
no
cognizance
of
the
Cause
with
any
fairness
.
But
further
the
Octavo
doth
afterwards
produce
a
Testimony
that
doth
contradict
this
last
Testimony
in
the
point
for
which
he
produc'd
it
.
It
is
the
Case
of
Thomas
Arundel
Arch-Bishop
of
Canterbury
,
21
R.
2.
The
Bishops
pronounced
Judgment
against
him
in
Treason
by
their
Proxy
.
They
can
it
seems
upon
great
Reasons
wave
that
priviledge
,
and
submit
a
great
Malefactor
of
their
▪
own
Order
to
Justice
,
as
they
did
in
the
Case
of
Becket
heretofore
.
So
that
you
see
here
,
they
used
a
Jurisdiction
in
a
Cause
of
Treason
in
the
Case
of
Thomas
Arundel
,
which
the
Bishops
could
not
have
used
without
a
Right
;
And
the
Case
of
the
Bishop
of
Norwich
is
only
an
omission
consistent
with
a
Right
.
The
Case
of
Sir
William
Rikehill
is
next
in
order
,
who
was
sent
by
R.
2.
to
Calais
,
to
take
the
Confession
of
the
Duke
of
Glocester
,
who
soon
after
was
Murdered
.
The
Judge
was
arrested
and
brought
into
Parliament
before
the
King
,
Lords
Spiritual
and
Temporal
and
Commons
;
the
whole
matter
was
examined
,
and
the
Judge
was
examined
.
Here
is
likewise
a
clear
Case
for
the
Bishops
,
an
Instance
wherein
they
did
take
cognizance
of
a
Capital
Cause
in
Parliament
.
But
the
Octavo
hath
a
Shift
for
us
,
and
says
that
there
was
no
impeachment
or
charge
against
the
Judge
,
and
so
the
Bishops
might
be
present
at
his
Examination
.
Let
the
Reader
here
observe
the
sleights
,
wriglings
and
prevarications
of
this
Octavo
Author
;
Whatever
the
World
thinks
of
this
Author
,
I
am
much
dissatisfyed
about
him
,
and
cannot
believe
him
a
man
indifferent
and
impartial
in
this
Enquiry
.
In
his
observations
of
the
Parliament
of
the
15
E.
3.
the
Bishops
he
saith
vanished
like
lightning
,
they
went
away
immediately
at
the
opening
.
That
matters
of
the
Peace
in
general
were
to
be
treated
of
(
wherein
Blood
and
Member
might
not
at
all
be
concerned
,
for
all
that
appears
.
)
They
went
away
and
(
as
he
would
have
it
)
they
returned
no
more
:
and
they
must
not
hear
so
much
as
a
Commission
of
the
Peace
read
.
But
here
in
this
Case
of
Rikehill
they
may
examine
a
Murder
.
He
will
say
(
I
am
sure
)
that
though
the
Bishops
did
examine
it
,
they
could
make
no
judgment
of
the
matter
.
But
who
will
believe
him
?
In
the
Case
of
de
la
Zouch
and
Gray
,
he
observes
that
Bishops
could
not
be
present
so
much
as
at
a
Battery
,
though
there
was
no
Battery
in
the
Case
,
and
yet
he
allows
them
to
judge
of
all
misdemeanors
in
the
same
little
Book
.
I
observe
but
these
things
,
of
many
more
of
like
nature
,
which
the
Reader
may
observe
of
himself
,
in
that
little
Octavo
;
that
the
World
may
judge
,
how
unjustly
he
deals
in
this
Cause
:
with
what
iniquity
and
prevarication
he
manages
a
noble
question
of
Right
concerning
the
Government
of
the
Kingdom
.
With
what
petulancy
,
spight
,
and
inveterate
displeasure
,
he
useth
the
Bishops
.
That
he
is
grinning
at
them
,
whetting
his
teeth
,
and
squinting
upon
them
perpetually
with
an
evil
Eye
.
He
oppugns
their
Right
with
Cavillations
upon
the
Clerks
Entries
,
with
what
is
in
the
Record
,
and
what
is
not
,
and
what
he
is
pleased
to
add
of
his
own
upon
them
,
and
with
Precedents
that
reprove
one
another
.
Had
it
not
been
more
fair
for
him
to
have
stated
the
Right
upon
a
probable
result
of
all
the
Records
considered
together
,
than
to
make
their
Right
sometimes
more
,
sometimes
less
,
sometimes
to
affirm
,
sometimes
to
deny
their
Right
,
in
the
same
little
Octavo
?
He
cannot
sure
think
that
every
Judgment
that
hath
been
given
upon
deliberation
in
the
greatest
Judicature
,
can
uncontroulably
make
the
Law
;
much
less
a
Fact
,
much
less
an
Omission
,
a
Negative
that
can
operate
nothing
.
If
nothing
be
Law
but
what
hath
always
and
constantly
been
done
in
the
same
manner
and
form
,
and
all
circumstances
the
same
,
as
this
Author
it
seems
would
have
it
;
and
nothing
true
Theology
(
according
to
Vincentius
Lirinensis
his
Rule
)
but
what
hath
been
received
ab
omnibus
,
ubique
&
semper
,
We
can
have
no
Law
,
nor
no
Theology
.
Vain
and
idle
opinions
must
be
discharged
,
such
as
can
have
no
consideration
with
wise
men
;
and
the
Law
must
be
declared
by
the
Nature
of
Government
,
reason
,
and
the
general
order
of
things
.
But
we
have
made
too
long
an
Excursion
,
We
must
return
to
a
further
consideration
of
Rikehil
his
Case
.
And
now
I
submit
it
to
any
impartial
man
,
whether
the
Judge
could
be
arrested
and
brought
under
an
Arrest
into
the
Parliament
,
and
be
examined
and
not
accused
.
The
very
next
Case
he
recites
is
that
of
John
Hall
,
in
which
we
find
nothing
but
an
Examination
and
confessal
;
upon
which
he
was
condemned
as
a
Traytor
.
And
so
would
it
have
fared
with
Sir
William
Rikehil
without
doubt
,
if
he
had
been
guilty
and
had
confessed
.
Neither
the
Octavo
,
nor
Sir
Robert
Cotton
mentions
any
formality
more
against
the
one
than
the
other
.
The
House
of
Lords
are
not
tyed
to
Formalities
in
their
proceedings
like
other
inferior
Judicatures
:
and
the
more
inferior
any
Court
is
,
the
more
regular
forms
are
exacted
,
and
that
with
great
reason
,
which
we
will
not
hear
treat
of
.
Besides
,
in
the
Case
of
the
Earl
of
Northumberland
,
recited
in
the
Octavo
Book
Fol.
34.
in
5
H.
4.
a
Judgment
was
given
against
him
for
an
offence
upon
a
petition
,
which
he
exhibited
for
a
pardon
of
the
same
offence
.
But
in
the
Case
of
the
Earl
of
Northumberland
,
I
pray
observe
what
the
Octavo
saith
in
reference
to
our
question
.
After
he
hath
recited
part
of
the
Record
in
these
words
;
[
The
petition
being
read
and
understood
,
the
Lords
as
Peers
of
Parliament
,
to
whom
such
Judgment
doth
of
Right
appertain
,
did
give
their
Judgment
]
He
concludes
that
the
Bishops
could
not
he
said
to
be
his
Peers
,
which
shews
they
were
not
there
.
But
he
must
give
us
leave
with
much
better
Logick
,
to
conclude
,
that
they
were
present
;
and
We
with
reason
presume
,
because
they
are
Peers
of
Parliament
(
for
so
the
Record
is
,
not
his
Peers
,
for
he
fallaciously
changeth
the
Terms
)
they
were
there
,
except
he
can
prove
them
absent
,
if
common
Right
is
not
Reason
of
presumption
,
no
presumption
can
be
reasonable
.
But
we
can
prove
to
him
they
were
there
.
And
thereby
in
consequence
,
we
have
another
proof
that
they
are
Peers
.
Sir
Robert
Cottons
Abridgment
tells
us
5
H.
4.
Fol.
426.
that
at
the
same
time
the
Arch-Bishops
and
Bishops
,
at
their
own
request
,
(
and
therefore
certainly
then
present
)
were
purged
from
suspicion
of
Treason
by
the
said
Earl
.
And
at
the
same
time
,
I
pray
observe
,
Sir
Henry
Piercy
his
levying
of
War
was
adjudged
Treason
by
the
King
and
Lords
in
full
Parliament
.
Note
,
that
here
is
said
to
be
a
full
Parliament
,
and
yet
nothing
in
the
Entry
,
but
the
stile
of
Lords
.
So
various
and
contingent
in
respect
of
form
are
the
Entries
;
which
ought
to
be
observed
.
But
to
review
and
consider
again
the
Case
of
John
Hall
condemned
in
Parliament
for
Treason
,
for
murdering
the
Duke
of
Glocester
.
And
to
this
place
I
have
reserved
the
Case
of
the
two
Merchants
that
killed
John
Imperial
an
Ambassadour
of
Genoua
;
for
both
Cases
are
of
the
same
nature
,
and
must
receive
the
same
answer
;
and
that
is
this
.
The
Statute
of
the
25
E.
3.
was
made
to
declare
certain
matters
Treason
,
and
to
be
so
judged
in
ordinary
Judicatures
:
but
withall
that
Statute
did
provide
,
that
if
any
other
Case
,
supposed
Treason
,
do
happen
,
it
shall
be
shewed
to
the
King
and
Parliament
,
whether
it
ought
to
be
judged
Treason
.
Concerning
which
the
King
and
Parliament
do
and
are
to
declare
by
their
Legislative
power
,
as
it
is
agreed
by
all
,
and
as
they
did
in
the
Case
of
John
Imperial
,
as
appears
by
that
Record
expresly
.
So
that
though
the
Bishops
were
not
present
at
the
Judgment
of
John
Hall
,
they
might
have
been
(
it
must
be
confessed
by
our
Adversary
)
if
the
Judgment
against
John
Hall
was
by
the
Legislative
Power
,
as
it
must
be
.
By
this
it
appears
how
false
an
Argument
this
of
his
is
,
To
conclude
no
Right
from
absence
;
for
it
is
plain
,
here
it
proves
too
much
,
it
proves
a
thing
notoriously
false
,
a
thing
false
by
the
confession
of
our
Adversary
:
and
from
what
any
falshood
may
be
inferred
,
is
not
it self
true
,
but
stands
reproved
by
the
falshood
and
absurdity
of
what
follows
in
consequence
thereof
.
But
this
is
too
Solemn
Reproof
of
so
frivolous
an
Argument
,
for
it
is
no
more
in
effect
than
this
:
That
no
man
can
have
an
Authority
,
but
what
he
is
always
in
the
exercise
of
.
The
Octavo
goes
on
,
and
remembers
that
in
the
2
H.
4.
the
first
Writ
de
Haeretico
comburendo
was
framed
by
the
Lords
Temporal
only
;
and
without
question
it
was
so
.
For
the
order
of
proceedings
in
Case
of
Hereticks
Convict
,
so
required
it
.
The
Bishops
are
upon
the
Matter
,
the
pars
laesa
in
Heresy
.
The
authority
of
the
Church
is
therein
offended
,
and
it
was
not
therefore
proper
for
an
Ecclesiastick
to
be
an
Actor
therein
.
The
Author
doth
improve
this
,
as
he
doth
all
things
that
he
can
with
any
manner
of
colour
,
to
render
the
Order
of
Bishops
hated
,
and
disesteemed
,
which
is
the
publick
establishment
,
the
legal
provision
for
the
Government
and
guidance
of
Religion
.
What
mischief
then
is
he
a
doing
?
How
great
is
his
fault
to
deprave
that
provision
,
to
destroy
their
Reputation
and
Esteem
with
the
people
,
to
destroy
all
their
authority
as
much
as
in
him
lyeth
?
His
utmost
endeavours
are
not
thereto
wanting
,
to
make
their
Ministries
useless
,
and
to
frustrate
the
provisions
of
the
Law
,
and
the
care
of
the
Government
,
in
the
highest
concernment
of
the
Nation
.
Doth
this
become
a
great
man
?
I
will
not
say
a
good
man
?
God
rebuke
him
.
To
lessen
the
Authority
,
and
disrepute
and
dishonour
any
Order
of
men
,
or
any
Constitution
,
that
can
be
any
ways
useful
to
the
publick
,
is
a
great
fault
:
but
this
of
his
,
is
a
most
enormous
offence
.
But
what
can
be
inferred
from
hence
against
the
Order
of
the
Bishops
,
may
be
with
like
unworthiness
inferred
against
the
Christian
Religion
it self
.
For
it
may
be
as
well
concluded
,
that
the
Christian
Religion
is
a
bad
Religion
;
for
that
men
of
that
denomination
in
the
general
Apostasie
,
by
pretence
of
Warranty
from
that
Religion
,
though
it
gave
none
,
murdered
innocents
:
As
that
the
practices
of
the
Bishops
of
that
Religion
so
depraved
,
do
reflect
any
dishonour
against
the
Bishops
of
reformed
Christianity
.
And
this
Answer
will
suffice
too
for
the
Case
of
Sir
John
Old-Castle
.
As
for
the
Earls
of
Kent
,
Huntingdon
and
Salisbury
,
the
Lord
le
Despencer
and
Sir
Ralph
Lumley
,
before
that
,
executed
and
declared
Traytors
in
Parliament
by
the
Lords
Temporal
only
,
in
the
Parliament
of
the
2
H.
4.
and
the
Earl
of
Northumberland
and
Lord
Bardolph
,
against
whom
it
was
proceeded
in
a
Court
of
Chivalry
after
their
death
,
who
were
declared
Traytors
after
they
were
dead
,
in
the
Parliament
in
the
7
H.
4.
I
hope
the
Octavo
Gentleman
,
and
all
that
are
at
present
of
his
Opinion
,
will
take
this
for
a
sufficient
Answer
(
if
we
had
no
more
to
say
)
that
it
was
irregular
,
very
irregular
indeed
,
to
condemn
men
after
they
were
dead
;
when
he
himself
would
set
aside
the
Authority
of
the
Case
of
William
de
la
Poole
in
28
H.
6.
in
Parliament
where
the
Bishops
were
present
:
which
though
he
saith
is
the
sole
single
precedent
of
Bishops
acting
in
Capital
Causes
,
We
shall
therein
convict
him
to
be
a
man
of
Will
,
to
have
lost
himself
in
his
passions
,
and
his
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
And
enter
that
Case
with
a
cloud
of
other
testimonies
and
reasons
that
affirm
,
I
will
not
stick
to
say
,
demonstrate
,
(
so
as
such
matters
can
be
demonstrated
)
with
a
moral
demonstration
,
such
as
shall
leave
no
doubt
with
any
man
,
of
the
Bishops
Right
of
judging
in
Capital
causes
in
Parliament
.
But
We
shall
further
add
for
Answer
that
the
Temporal
Lords
did
not
herein
exercise
the
Office
of
a
Judge
.
For
it
could
be
no
Judgment
they
delivered
.
It
was
only
an
officious
declaration
,
an
avowing
of
the
justness
of
the
slaughter
of
these
great
men
,
and
to
enter
themselves
of
the
other
side
.
But
is
it
as
reasonable
for
this
Writer
,
to
fore-judge
the
Bishops
of
their
Franchise
,
and
to
have
it
seized
,
because
they
would
not
be
guilty
of
a
misuser
thereof
,
and
would
not
consent
to
so
insolent
a
thing
as
to
judge
men
unheard
,
nay
when
dead
,
and
they
could
not
be
heard
?
And
to
kill
over
again
the
murdered
Lords
,
for
so
they
are
in
consideration
of
the
Law
,
who
are
not
by
legal
process
condemned
and
executed
.
I
cannot
but
observe
in
many
of
the
great
convulsions
of
State
,
and
the
simultates
amongst
the
Great
men
,
and
extravagant
excesses
of
injustice
,
to
the
glory
and
honour
of
the
Bishops
it
must
ever
be
remembred
,
that
they
did
preserve
themselves
from
being
ingaged
in
such
violences
as
were
committed
against
the
last
mentioned
Lords
.
But
that
the
Author
of
the
Octavo
should
produce
the
Case
of
Sir
John
Mortimer
against
us
,
who
was
condemned
upon
a
bare
Indictment
without
Arraignment
or
due
Tryal
(
a
good
reason
why
the
Bishops
were
not
there
)
when
he
immediately
after
produceth
the
Case
of
the
Duke
of
Suffolk
wherein
the
Bishops
were
present
,
and
will
have
it
stand
for
nothing
,
because
in
that
,
it
was
irregularly
proceeded
,
is
monstrous
partiality
and
iniquity
.
But
in
what
I
pray
was
the
irregularity
in
the
Case
of
the
Duke
of
Suffolk
?
Why
,
because
the
Commons
desired
he
might
be
committed
upon
a
general
Accusation
:
But
he
was
not
.
And
the
second
irregularity
was
,
that
some
Prelates
and
some
Lords
should
be
sent
down
to
the
House
of
Commons
,
which
is
often
done
.
But
it
is
not
the
Prelates
that
he
is
thus
concerned
for
,
but
that
the
Lords
lessened
their
Estate
.
This
(
to
excuse
him
)
might
make
him
very
angry
with
that
Case
and
quarrelsome
.
And
yet
after
all
there
is
a
fallacy
in
the
Case
of
Sir
John
Mortimer
which
he
would
put
upon
us
,
for
Sir
John
Mortimer
was
condemned
by
Act
of
Parliament
;
and
therefore
the
Bishops
might
have
been
there
if
they
had
pleased
,
and
that
with
his
leave
.
For
it
was
by
the
Duke
of
Glocester
(
who
in
the
Kings
absence
was
commissionated
to
call
and
hold
that
Parliament
)
by
the
Advice
of
the
Lords
Temporal
,
at
the
prayer
of
the
whole
Commonalty
in
this
present
Parliament
,
and
by
the
Authority
thereof
,
ordered
and
decreed
,
that
he
should
be
led
to
the
Tower
and
from
thence
drawn
to
Tyburn
.
I
cannot
therefore
but
observe
how
by
the
pretence
of
the
Canon
a
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
sometimes
,
and
by
other
prudent
Arts
and
Recesses
from
tumultuations
,
the
Bishops
kept
themselves
often
from
being
engaged
in
the
Animosities
of
Great
men
against
one
another
:
A
matter
remarkable
for
the
commendation
of
their
Exemplary
Wisdom
and
Justice
,
and
a
Recommendation
of
the
men
of
that
Order
to
be
continued
in
the
greatest
trusts
that
the
Government
hath
committed
to
them
.
But
now
shortly
and
summarily
to
review
what
we
have
offered
in
the
matter
of
Precedents
,
and
together
to
consider
what
true
value
and
weight
they
are
of
,
in
the
Cases
of
Roger
Mortimer
and
Haxey
,
and
of
Sir
John
Mortimer
,
2
H.
6.
every
body
may
see
a
reason
why
the
Bishops
should
not
act
,
if
they
had
Authority
,
and
therefore
without
wilfulness
it
cannot
be
concluded
they
had
none
.
Who
sees
not
that
these
Cases
are
Precedents
for
us
?
for
that
the
Bishops
judged
in
the
Reversal
of
the
sentence
against
Haxey
,
which
if
they
had
reason
for
it
,
they
ought
to
have
affirmed
.
And
the
Bishops
might
have
been
present
rightfully
at
the
undoing
the
Attainder
of
Roger
Mortimer
,
by
the
Confessions
of
these
Authors
.
The
Proceedings
in
the
Parliament
of
15
E.
3.
is
a
true
argument
of
the
Bishops
modesty
.
But
it
proves
more
than
he
is
willing
to
prove
,
if
true
,
viz.
that
the
Bishops
cannot
joyn
in
making
Laws
to
punish
publick
Crimes
,
and
therefore
logically
concludes
nothing
;
besides
that
the
matter
is
false
in
fact
,
as
it
is
alledged
.
The
Cases
of
Sir
William
Thorpe
and
Sir
Ralph
Ferrers
(
taken
at
best
for
him
)
are
but
militant
,
and
have
as
much
to
say
for
,
as
against
the
Bishops
being
there
present
.
But
to
be
true
to
the
cause
of
the
Bishops
,
We
have
this
advantage
against
him
,
that
the
Bishops
were
always
in
the
possession
of
their
Right
,
because
never
fore-judged
,
and
it
was
once
theirs
,
as
we
shall
prove
by
and
by
:
And
this
makes
a
presumption
that
they
always
used
it
,
when
there
is
nothing
to
the
contrary
.
The
Bishops
were
not
present
in
the
Bishop
of
Norwich's
Case
:
but
the
Bishops
may
be
at
any
time
absent
upon
a
sontica
Causa
.
The
defendant
was
a
Bishop
,
which
was
a
very
allowable
one
in
those
times
.
But
this
must
be
considered
with
the
Case
of
Thomas
Arundel
Bishop
of
Canterbury
,
in
whose
judgment
they
were
present
virtually
by
their
Proxy
;
and
therefore
had
a
Right
to
be
there
.
The
Case
of
John
de
Gomets
,
and
William
de
Weston
is
unduely
,
and
against
the
faith
of
the
Record
produced
against
us
;
for
upon
the
truth
of
the
Record
the
Bishops
were
present
,
notwithstanding
any
thing
that
can
be
from
thence
deduced
to
the
contrary
.
The
Case
of
Sir
William
Rikehil
1
H.
4.
is
for
us
,
so
is
the
Case
of
the
Earl
of
Northumberland
5
H.
4.
The
Case
of
John
Hall
who
murdered
the
Duke
of
Glocester
,
and
of
the
two
Merchants
that
killed
John
Imperial
the
Genoua
Ambassadour
,
3
R.
2.
are
foreign
to
this
question
,
and
so
is
the
Case
of
Sir
John
Mortimer
,
except
Judicial
Authority
and
Legislative
Authority
in
Blood
,
are
of
the
same
consideration
,
as
I
think
they
are
,
and
shall
hereafter
make
out
to
be
probable
:
and
then
those
Cases
are
for
our
Right
.
They
confess
that
the
Bishops
might
have
been
present
if
they
pleased
,
and
their
absence
at
the
passing
of
those
Bills
doth
not
conclude
against
their
Right
,
themselves
being
Judges
.
The
Writ
de
haeretico
comburendo
,
is
of
another
consideration
,
and
doth
not
fall
in
with
the
present
question
.
There
was
no
Judgment
given
,
or
to
be
given
,
in
the
Cases
of
the
Earl
of
Huntingdon
,
Kent
,
Salisbury
,
Lord
Le
Despencer
,
Sir
Ralph
Lumley
,
the
Earl
of
Northumberland
and
Lord
Bardolph
.
All
these
Precedents
,
such
as
they
are
,
happened
in
no
long
Tract
of
time
,
but
very
tumultuous
:
Not
one
of
them
pretends
to
be
an
exclusion
of
the
Bishops
upon
Judgment
or
positive
declaration
of
State
.
They
pretend
to
be
only
instances
of
Omission
,
or
non
user
,
which
may
well
consist
with
a
Right
.
And
yet
contrary
to
the
true
import
of
these
Precedents
,
and
the
true
Nature
of
them
,
being
only
of
Omission
and
absence
of
the
Prelates
;
which
as
they
are
,
can
make
no
induction
or
establish
any
proposition
,
whereupon
to
frame
an
Argument
or
conclude
a
prescription
:
Besides
that
a
prescription
is
not
possible
in
a
meer
negative
,
and
to
and
of
nothing
.
And
where
no
body
can
use
or
possess
that
Authority
in
pretence
in
the
defailance
of
the
party
to
use
it
,
whose
Right
it
was
.
Besides
that
it
is
not
a
prescriptible
matter
(
which
we
shall
further
explain
hereafter
)
it
being
in
a
matter
of
the
Government
,
and
a
Right
arising
from
its
constitution
:
Contrary
,
I
say
,
to
the
whole
nature
of
the
matter
,
He
makes
this
Argument
;
à
saepe
facto
ad
jus
valet
argumentum
.
His
Argument
should
have
been
(
if
agreeable
at
all
to
the
matter
)
this
,
That
where
a
Right
is
sometimes
not
used
,
there
can
be
no
Right
.
But
if
this
had
been
said
in
English
,
every
body
would
have
condemned
his
reasoning
,
and
disallowed
,
if
not
laughed
at
the
Argument
.
So
that
we
have
left
this
Author
neither
reason
or
Argument
.
We
have
stript
the
Cause
of
all
the
Precedents
that
pretend
to
favour
it
,
and
have
left
it
Rara
Avis
indeed
,
but
not
nigro
simillima
Cygno
,
as
the
learned
Author
in
Octavo
hath
it
,
with
which
he
reproaches
the
Right
of
the
Bishops
as
assisted
only
with
a
single
Precedent
:
But
to
a
Bird
of
no
colour
at
all
,
the
bird
in
the
Fable
I
mean
,
furtivis
nudata
coloribus
,
to
be
exposed
to
laughter
with
its
naked
Rump
.
CHAP.
IV.
BUt
if
these
Precedents
had
been
all
such
as
they
pretend
to
be
,
and
the
Bishops
not
present
in
Judgment
,
in
any
of
those
Cases
which
the
Octavo
and
Folio
have
produced
,
and
if
they
had
been
all
Capital
Causes
that
came
in
Judgment
in
that
House
,
and
all
determined
judicially
,
and
not
by
the
Legislative
power
of
Parliament
,
and
no
reason
was
to
be
assigned
for
the
Prelates
absence
from
the
Nature
of
the
Cause
:
If
they
had
had
no
inducements
to
withdraw
,
from
any
dissatisfaction
they
had
in
the
prosecution
,
and
the
pretended
Right
of
the
Church-men
(
in
those
days
much
insisted
upon
)
to
be
exempted
from
the
jurisdiction
of
secular
Courts
,
had
not
been
the
Cause
of
their
absence
,
which
suppositions
are
not
so
in
fact
:
And
tho'
the
Bishops
had
never
used
the
Authority
and
power
in
question
as
they
have
;
yet
if
we
can
prove
they
had
once
a
Right
,
those
Omissions
of
theirs
,
can
be
no
prejudice
to
the
meer-Right
.
(
Though
then
(
I
confess
)
we
should
labour
a-the
gainst
invincible
prejudice
in
the
Opinions
of
most
.
)
1.
For
that
no
man
can
lose
a
Right
by
not
using
of
it
,
but
where
that
right
can
be
usurpt
by
another
,
and
is
so
:
And
that
usurpation
having
been
for
immemorable
time
,
when
no
body
can
tell
when
it
was
otherwise
,
shall
in
a
matter
prescriptible
be
intended
to
be
acquired
by
good
Right
;
and
that
with
great
reason
,
in
favour
of
possession
and
the
quieting
of
them
;
for
that
Estates
and
Rights
can
last
longer
than
the
Grants
and
Evidences
or
Records
themselves
,
that
first
created
them
.
But
where
the
nature
of
the
Right
is
such
as
this
of
the
Bishops
in
pretence
is
,
which
no
body
can
use
for
them
.
For
the
Temporal
Lords
sit
in
Judgment
in
their
own
Right
,
which
is
a
plenary
and
compleat
right
,
and
cannot
be
made
more
or
less
.
Secondly
for
that
no
Franchise
,
from
the
Power
and
Authority
upward
of
a
Court
Leet
,
which
can
be
neither
more
nor
less
by
usuage
,
than
the
Law
hath
establisht
,
can
be
prescribed
to
:
And
a
Quo
Warranto
will
fore-close
and
extinguish
an
immemorial
usuage
of
any
irregular
and
illegal
Franchise
.
A
Right
that
can
never
be
prejudged
and
fore-closed
by
non
user
,
and
such
is
every
Right
that
grows
from
the
constitution
of
the
Government
,
though
it
should
be
discontinued
for
a
long
tract
of
time
,
may
be
at
any
time
rightfully
and
legally
continued
.
The
happiness
of
our
Case
is
,
that
we
can
point
to
the
time
when
the
Right
of
the
Prelates
to
sit
in
Judgment
in
Capital
Causes
in
Parliament
,
was
established
;
And
which
is
more
,
imposed
upon
them
,
and
they
put
under
a
Compulsory
,
and
obliged
by
the
Tenure
of
their
Lands
to
serve
the
Crown
in
that
capacity
.
And
that
was
in
the
beginning
of
the
Reign
of
William
the
Conquerour
:
Mr.
Selden
in
his
Titles
of
honour
,
with
great
probability
hath
fixed
it
in
the
4
year
of
his
Reign
,
when
he
made
the
Bishopricks
and
Abbies
subject
to
Knight
service
in
chief
,
by
creation
of
new
Tenures
upon
them
,
and
so
first
turned
their
possessions
into
Baronies
,
and
thereby
made
them
Barons
of
the
Kingdom
by
Tenure
.
This
he
saith
is
justified
by
Mat.
Paris
,
and
Roger
of
Windover
,
out
of
whom
Mat.
Paris
took
this
Relation
.
Anno
1070.
(
so
are
their
words
)
Rex
Willielmus
pessimo
usus
consilio
Episcopatus
&
Abbatias
omnes
quae
Baronias
(
that
is
by
Anticipation
;
for
the
Lands
made
Baronies
)
tenebant
in
purâ
&
perpetuâ
,
&
eatenus
ab
omni
servitute
seculari
libertatem
habuerunt
,
sub
servitute
statuit
militari
,
&c.
This
he
makes
further
probable
,
for
that
in
a
Manuscript
Copy
,
which
he
used
,
in
a
very
antient
hand
,
these
words
are
noted
in
the
upper
Margin
over
the
year
1070.
hoc
anno
servitium
baroniae
imponitur
Ramesiae
.
It
seems
,
saith
he
,
the
volumn
belonged
to
the
Abby
of
Ramsey
;
And
some
Monk
of
the
House
noted
that
in
the
Margin
,
touching
his
own
Abby
,
which
equally
concerned
the
rest
of
the
Abbies
that
were
mentioned
in
that
Relation
;
by
their
Lands
being
put
under
the
Tenure
by
Barony
,
and
they
made
Barons
,
they
had
a
Right
to
sit
with
the
rest
of
the
Barons
in
Councellor
Courts
of
Judgment
;
For
saith
Mr.
Selden
,
tenere
de
Rege
in
capite
,
habere
possessiones
sicut
Baroniam
;
and
to
be
a
Baron
,
and
to
have
Right
to
sit
with
the
rest
of
the
Barons
in
Council
or
Courts
of
Judgment
,
according
to
the
Laws
of
that
time
are
Synonymies
.
So
that
there
were
no
distinctions
of
Barons
,
as
to
power
,
and
Authority
,
or
Jurisdiction
;
but
the
Right
of
a
Baron
was
the
same
,
whether
he
was
a
Temporal
or
Spiritual
Baron
,
for
the
Tenure
of
both
is
one
and
the
same
,
and
therefore
the
Services
must
be
the
same
.
The
office
(
that
is
,
the
result
of
this
Tenure
)
is
the
same
in
the
House
of
Lords
,
and
indeed
no
office
can
be
less
than
what
the
Law
appoints
it
.
The
King
cannot
make
a
Peer
,
a
Judge
or
a
Bishop
,
and
put
any
Restraint
upon
the
exercise
of
the
powers
,
and
the
jura
ordinaria
,
that
belongs
by
the
appointment
of
the
Law
to
a
Peer
,
Bishop
or
Judge
.
And
that
it
is
an
office
by
Tenure
,
can
make
no
difference
,
for
the
Law
declares
the
Power
and
Authority
:
So
that
the
Powers
of
all
Barons
are
and
must
be
equal
,
and
what
is
allowed
to
one
Baron
cannot
be
denyed
to
another
.
William
the
Conqueror
made
the
Bishops
Barons
,
by
putting
them
to
hold
as
by
Barony
,
did
not
intend
only
the
Bishops
more
honour
,
but
himself
also
more
service
,
and
better
assured
.
He
cannot
be
intended
(
especially
)
to
abate
them
their
service
in
punitive
or
vindictive
Justice
,
which
a
Conquerour
of
all
other
performances
cannot
want
.
I
do
not
doubt
,
and
if
it
were
not
unnecessary
to
this
question
,
likewise
to
shew
that
before
the
Conquest
,
the
Bishops
or
Spiritual
Lords
had
a
great
share
with
the
Thanes
or
Temporal
Lords
in
the
Government
,
and
were
then
one
of
the
three
States
,
agreeable
to
all
the
Gothish
Saxon
(
for
the
Saxons
were
Goths
which
we
must
not
here
insist
upon
)
and
Modern
Governments
that
have
been
planted
in
Europe
,
which
we
shall
speak
to
more
hereafter
:
But
we
will
resort
no
higher
than
this
of
their
becoming
Barons
by
Tenure
,
in
time
of
the
Conquerour
,
for
the
clearing
of
the
Prelates
Right
now
in
question
.
And
therefore
we
are
not
concerned
to
say
any
thing
to
the
Case
of
E.
Godwin
,
mentioned
in
the
Octavo
,
in
Edward
the
Confessor's
time
:
For
Brevity
sake
,
and
because
we
will
not
pass
the
Limits
of
our
own
Arguments
,
otherwise
we
had
much
to
say
against
the
Authority
of
that
Sory
,
as
it
is
by
the
Octavo
mentioned
.
But
to
this
day
,
neither
in
Record
or
History
,
have
we
heard
of
any
the
least
pretence
of
any
special
abatement
made
of
any
service
due
by
the
Tenures
by
Barony
to
any
Bishops
or
other
Spiritual
Baron
by
the
Conquerour
,
at
the
time
of
the
creating
those
Tenures
,
neither
did
the
Bishops
when
they
would
fain
have
been
excused
from
judging
in
Blood
ever
pretend
to
it
,
or
make
any
such
excuse
,
that
their
Tenures
did
not
oblige
them
thereto
.
They
have
ever
been
esteemed
to
have
power
of
Judgment
in
Capital
Causes
in
Parliament
:
and
in
a
long
tract
of
time
,
it
hath
been
several
ways
used
and
acknowledged
.
Their
Right
is
so
far
from
being
fore-judged
,
that
it
never
till
of
late
was
brought
in
question
.
They
have
pretended
sometimes
that
they
ought
not
to
use
that
Right
in
observation
of
the
Canon
Law
,
and
have
made
their
protestation
according
;
whether
of
necessity
or
choice
shall
be
considered
.
They
were
upon
the
score
of
the
Canon
Law
indulged
in
the
Satute
of
Clarendon
from
being
present
and
assisting
in
giving
the
Judgment
of
Death
and
mutilation
of
Limb
,
yet
their
Right
was
not
by
that
Statute
destroyed
or
hurt
,
it
put
them
only
at
liberty
to
use
it
,
or
not
:
but
put
no
obligation
or
legal
restraint
upon
them
not
to
use
it
.
That
Law
was
in
favour
of
their
Liberty
,
not
a
Restraint
upon
their
Right
.
The
words
of
that
Law
that
concern
this
question
,
we
shall
here
set
down
.
Archiepiscopi
,
Episcopi
&
universae
personae
Regni
qui
de
Rege
tenent
in
capite
,
habeant
possessiones
suas
de
Rege
sicut
Baroniam
,
&
inde
respondeant
Justiciariis
&
ministris
Regis
,
&
sequantur
&
faciant
omnes
consuetudines
regias
,
&
sicut
caeteri
Barones
debent
interesse
judiciis
Curiae
quousque
perveniatur
ad
diminutionem
membrorum
vel
ad
mortem
.
Whether
these
words
are
words
of
Liberty
or
Restraint
,
of
prohibition
or
indulgence
and
favour
,
as
also
how
far
this
favour
,
Liberty
or
Indulgence
did
extend
,
will
appear
clearly
by
the
occasion
of
the
Law
,
and
the
History
of
those
times
,
for
whose
sake
it
was
made
,
and
upon
what
inducements
,
and
how
far
they
did
use
their
Liberty
afterwards
.
It
is
notorious
that
the
design
and
endeavour
of
some
Bishops
of
that
age
,
and
before
from
the
days
of
Gregory
the
seventh
,
was
to
establish
an
Ecclesiastical
Monarchy
in
the
Pope
,
to
make
themselves
the
Grandees
of
another
Kingdom
,
they
endeavoured
to
exempt
themselves
from
all
Civil
subjection
,
as
also
from
being
any
part
of
the
Civil
Government
,
over
which
their
Church
Empire
was
to
rule
and
domineer
.
They
looked
upon
their
Baronies
to
be
marks
of
Slavery
,
and
inconsistent
with
their
designed
Church-empire
,
by
which
they
were
kept
in
subjection
to
the
Government
,
and
made
a
part
of
it
,
which
was
designed
by
the
Conquerour
,
but
most
sharply
complained
of
,
as
may
be
seen
in
Mat.
Paris
.
Rex
Willielmus
pessimo
usus
consilio
Episcopatus
sub
servitute
statuit
militari
,
&
rotulas
hujus
Ecclesiasticae
servitutis
ponens
in
Thesauris
,
multos
viros
Ecclesiasticos
huic
constitutioni
pessimae
reluctantes
à
Regno
fugavit
.
If
the
Bishops
then
had
been
ambitious
and
desirous
,
that
they
might
be
as
the
rest
of
the
Barons
were
,
Judges
in
the
Kings
Court
,
then
it
is
true
that
the
word
quousque
must
be
a
word
of
Exclusion
,
and
that
their
pretence
of
judging
was
fore-closed
to
all
matters
under
the
quousque
.
For
if
I
ask
a
thing
which
is
not
my
right
,
that
which
is
not
granted
is
denyed
,
and
by
such
denyall
(
in
case
of
a
Law
declared
,
)
the
more
unlawful
.
But
this
cannot
possibly
be
,
for
they
were
already
Barons
,
and
Judges
as
other
Barons
.
This
they
reckon'd
a
servitude
,
and
was
matter
of
grievance
and
complaint
:
But
the
Assise
of
Clarendon
did
proceed
from
the
King
,
for
the
asserting
his
Soveraign
Power
,
to
resist
the
design
of
the
Papal
Monarchy
and
to
oblige
the
Bishops
to
continue
part
of
the
Government
,
and
to
tye
them
to
the
duty
of
their
Tenures
.
Gervasius
tells
us
Col.
1386.
that
the
Bishops
did
not
know
what
the
Consuetudines
Ecclesiasticae
in
the
Assise
of
Clarendon
were
,
but
they
imagined
them
to
be
evil
,
because
the
King
did
so
much
insist
upon
them
.
Nesciebant
(
saith
he
speaking
of
the
Bishops
)
hujusque
quae
essent
illae
consuetudines
,
sed
pravas
esse
suspicabantur
,
eo
quod
tantâ
instantiâ
peterentur
.
But
the
King
commanded
as
followeth
,
sapientiâ
provectiores
,
ite
,
disquirite
Avi
mei
consuetudines
,
ut
in
scriptum
redactae
deducantur
in
medium
&
publice
recenseantur
,
quas
cum
seorsum
veteres
actus
&
pravitates
,
so
he
calls
the
Statutes
of
Clarendon
,
in
scripta
reduxissent
,
haec
tandem
scripta
modo
Chirographi
protulerunt
,
which
the
Arch-Bishop
was
required
to
seal
as
the
custom
then
was
in
passing
of
Laws
.
It
is
likewise
evident
in
the
very
Assise
of
Clarendon
,
that
the
Bishops
were
then
Barons
,
and
ought
to
do
the
office
of
a
Baron
,
and
were
by
being
Barons
Judges
,
and
ought
interesse
sicut
caeteri
Barones
Judiciis
Curiae
Domini
Regis
.
But
how
far
they
should
by
that
Statute
be
bound
hereafter
,
this
Law
was
to
determine
:
In
consequence
the
Quousque
is
but
a
Clause
of
Liberty
(
at
most
)
and
the
matter
under
it
,
left
to
choice
.
A
priviledge
indeed
the
Bishops
might
hereby
obtain
,
to
judge
,
or
not
to
judge
in
Causes
of
blood
,
which
they
used
in
all
after-times
,
as
they
pleased
,
as
they
did
more
or
less
regard
the
Canons
,
as
either
they
did
or
were
thought
to
intend
.
No
right
was
hereby
fore-closed
of
judging
,
but
establisht
,
for
the
words
are
debent
interesse
.
Quousque
is
a
Clause
of
exception
,
and
leaves
them
in
that
matter
at
large
,
and
savours
not
at
all
of
a
prohibition
.
But
though
the
Bishops
might
have
such
a
Liberty
,
by
the
Letter
of
the
Assise
of
Clarendon
,
to
judge
,
or
not
to
judge
at
all
in
capital
Causes
,
which
doth
not
at
all
impair
their
Right
,
but
that
notwithstanding
they
may
use
their
rightful
authority
,
when
they
please
:
Yet
the
Bishops
did
not
intend
themselves
further
priviledged
by
this
Law
,
than
that
they
should
not
be
obliged
to
be
present
at
the
pronouncing
of
the
sentence
,
which
appears
by
the
Canons
that
have
been
made
about
this
matter
in
England
,
which
we
shall
mention
hereafter
,
which
would
have
been
most
peremptory
in
their
prohibitions
and
very
severe
in
their
denouncing
Curses
,
in
a
matter
of
this
nature
,
as
far
as
they
had
the
Laws
on
their
side
.
As
also
by
the
Practice
of
the
Bishops
in
those
times
,
which
appears
by
Peter
Blesensis
,
whose
words
are
Principes
sacerdotum
&
seniores
populi
,
(
by
which
he
means
the
Bishops
,
who
from
the
dignity
and
worthiness
of
their
Order
are
called
Seniores
,
a
note
of
dignity
in
all
Countries
,
in
all
Ages
,
which
I
observe
because
some
are
so
ignorant
as
not
to
know
it
,
and
think
the
Laity
is
meant
by
seniores
populi
,
but
if
the
Lay
Barons
had
been
guilty
of
that
which
he
there
complains
of
as
well
as
the
Bishops
,
he
would
instead
of
this
complaint
,
declaim'd
against
the
folly
and
madness
of
the
Age
,
for
want
of
justice
)
Licet
non
dictent
judicia
sanguinis
,
eadem
tamen
tractant
disputando
,
&
disceptando
de
illis
,
seque
ideo
immunes
à
culpà
reputant
,
quod
mortis
aut
truncationis
membrorum
judicium
decernentes
,
à
pronuntiatione
duntaxat
&
executione
poenalis
sententiae
se
absentent
.
And
it
is
most
observable
,
that
the
Bishops
did
never
excuse
themselves
from
Session
in
Criminal
Causes
,
by
virtue
of
the
Assise
of
Clarendon
,
but
from
the
inhibition
of
the
Canon
;
and
the
use
of
the
Liberty
will
best
declare
the
Nature
of
it
.
CHAP.
V.
IT
's
most
remarkable
for
the
understanding
aright
the
true
meaning
of
this
Law
,
that
the
Bishops
were
admitted
Judges
in
Parliament
without
exception
of
the
Temporal
Lords
in
the
Case
of
Thomas
Becket
accused
of
Treason
,
though
the
King
and
Temporal
Barons
had
reason
to
believe
,
that
the
Bishops
would
not
do
right
to
the
Crown
against
that
unruly
and
rebellious
Prelate
:
and
when
the
Bishops
themselves
would
have
been
glad
of
that
pretence
to
have
withdrawn
themselves
.
And
this
was
about
eight
Months
after
the
making
the
Statutes
of
Clarendon
;
And
in
a
short
time
after
the
swearing
the
observance
of
them
by
all
the
Grants
of
the
Kingdom
.
But
the
Law
was
then
so
well
understood
(
however
the
Letter
of
the
Statute
makes
matter
of
dispute
now
)
that
it
was
by
no
body
in
the
least
pretended
,
that
it
was
to
be
understood
to
such
a
sence
,
as
it
is
now
drawn
to
:
viz.
to
exclude
the
Bishops
the
Spiritual
Barons
from
judging
in
capital
Causes
in
Parliament
.
In
those
times
they
had
only
such
an
understanding
as
we
have
here
before
offer'd
.
We
shall
therefore
now
proceed
to
give
you
an
account
how
in
the
course
of
time
the
Right
of
the
Prelates
hath
been
used
and
recognized
.
We
will
begin
with
the
Case
of
Becket
Arch-Bishop
of
Canterbury
,
at
a
Parliament
held
in
October
in
the
11
H.
2.
Anno
Domini
1165
,
at
the
Castle
of
Northampton
.
To
this
Parliament
Arch-Bishop
Becket
was
cited
as
a
Criminal
,
and
had
not
his
Summons
as
Arch-Bishop
(
so
that
that
Parliament
seem'd
to
be
conven'd
for
doing
him
Justice
;
the
offence
must
therefore
be
very
great
,
so
Stephanides
tells
us
,
as
he
is
cited
by
Mr.
Selden
707.
)
Though
he
was
wont
of
custome
to
have
the
first
Summons
by
the
Kings
Writ
.
Nec
tunc
enim
(
saith
he
)
nec
diu
ante
ei
scribere
voluerat
,
qui
eum
salutare
nolebat
.
Nec
aliam
per
literas
sibi
directas
solennem
ac
primam
,
ut
antiquis
moris
erat
,
habuerat
Archiepiscopus
ad
Concilium
citationem
.
Becket
was
there
accused
of
Treason
,
laesae
majestatis
coronae
,
saith
Fitz-Stephen
a
Monk
of
Canterbury
that
attended
Thomas
Becket
the
Arch-Bishop
in
his
troubles
.
Bishop
Godwin
in
his
Book
de
Praesulibus
tells
us
that
Arch-Bishop
Becket
,
Omnia
sibi
cernens
infesta
,
Naviculâ
apud
Rumenegam
conscensâ
,
in
Galliam
profugere
conatus
,
ventis
adversantibus
in
littus
repertus
ac
deprehensus
ad
Regem
,
Conventus
Northamptoniae
agentem
,
adductus
est
.
Ibi
,
repentundarum
,
peculiatûs
,
perjurii
,
proditionis
,
falsi
&
nescio
quot
aliorum
Criminum
,
cum
à
caeteris
proceribus
tum
&
Episcopis
ipsis
suffraganeis
,
reus
factus
.
This
Court
is
called
a
Parliament
by
Mr.
Selden
,
and
magnum
Concilium
by
Roger
of
Hoveden
,
and
by
others
as
Mr.
Selden
saith
;
But
that
it
was
a
Parliament
and
not
the
Curia
Regis
,
which
we
shall
speak
about
hereafter
,
doth
appear
by
this
certain
diagnostick
,
viz.
that
the
Bishops
were
Summoned
,
hereto
by
personal
Writ
of
Summons
to
them
directed
immediately
,
at
that
time
,
which
appears
by
what
is
before
cited
out
of
Fitz-Stephen
,
and
what
is
after
taken
out
of
Gervasius
.
But
to
the
Curia
Regis
they
were
Summoned
by
the
Sheriff
by
a
general
Writ
,
to
him
for
that
purpose
directed
,
which
is
a
distinctive
Note
and
Character
of
a
Parliament
,
as
will
hereafter
appear
.
But
Fitz-Stephen
saith
,
as
Mr.
Selden
quotes
him
,
Titles
of
honour
Fol.
705.
that
secunda
die
consulentibus
Episcopis
&
Baronibus
Angliae
omnibus
.
Nay
he
is
so
exact
in
his
observation
,
that
he
tells
us
who
was
not
there
of
the
Bishops
,
viz.
Roffensis
Episcopus
,
&
quidam
alias
nondum
venenat
.
Hoveden
tells
us
,
how
Becket
had
before
behaved
himself
towards
the
King
,
that
notwithstanding
great
endeavours
used
on
the
Kings
part
,
to
reconcile
Becket
to
himself
,
He
would
not
be
reconciled
to
the
King
.
Post
multum
tempus
,
saith
Hoveden
,
Ernulphus
Lexoviensis
Episcopus
venit
in
Angliam
,
&
sollicite
laboravit
die
ac
nocte
,
ut
pax
fieret
inter
Regem
&
Archiepiscopum
,
sed
ad
plenum
fieri
non
potuit
.
Deinde
per
consilium
Lexoviensis
Episcopi
Rex
separavit
Rogerum
Archiepiscopum
Eboracensem
,
&
Robertum
de
Welun
Episcopum
Herefordiensem
,
&
Robertum
Lincolniensem
Episcopum
,
&
alios
quosdam
Ecclesiae
Praelatos
à
Consortio
&
Consilio
Cantuariensis
Archiepiscopi
,
ut
per
illos
praefatum
Cantuariensem
Archiepiscopum
in
suos
Conatus
facilius
alliceret
.
Deinde
venit
in
Angliam
quidam
vir
Religiosus
dictus
Philippus
de
Eleemosyna
missus
à
latere
Alexandri
Summi
Pontificis
&
Cardinalium
omnium
ad
pacem
faciendam
inter
Regem
&
Archiepiscopum
Cantuariensem
.
Per
quem
summus
Pontifex
&
omnes
Cardinales
mandaverunt
Cantuariensi
Episcopo
,
ut
ipse
pacem
cum
domino
suo
Rege
Angliae
faceret
,
&
Leges
suas
sine
aliquâ
exceptione
custodiendas
promitteret
:
his
igitur
&
aliis
magnorum
virorum
Consiliis
acquiescens
,
Thomas
Cantuariensis
venit
ad
Regem
apud
Woodstock
,
&
ibi
promisit
Regi
,
&
concessit
se
bonâ
fide
&
sine
malo
ingenio
leges
suas
servanturum
.
Et
paulo
post
congregato
Clero
&
populo
Regni
apud
Clarendon
,
poenituit
Archiepiscopum
quod
ipse
Concessionem
illam
fecerat
Regi
,
&
volens
resilire
à
pacto
,
dixit
se
in
illa
Concessione
graviter
peccasse
,
&
quod
in
hoc
amplius
non
peccaret
.
Rex
plurimum
in
irâ
adversus
eum
commotus
,
minatus
est
ei
&
suis
Exitum
&
Mortem
.
Venerunt
ergo
ad
Archiepiscopum
Salisburiensis
&
Norwicensis
Episcopi
,
&
Robertus
Leicestriae
&
Reginaldus
Cornubiae
Comites
,
&
lachrymantes
provoluti
ad
pedes
Archiepiscopi
petebant
,
ut
saltem
propter
honorem
Regis
veniret
ad
eum
&
coram
populo
diceret
se
Leges
suas
recepisse
.
Precibus
igitur
tantorum
virorum
Archiepiscopus
vectus
venit
ad
Regem
,
&
●oram
Clero
&
populo
dixit
se
Leges
illas
quas
Rex
avitas
vocabat
suscepisse
,
&
concessit
,
ut
Episcopi
Leges
illas
susciperent
,
&
ut
illas
custodire
promitterent
.
Tunc
praecepit
Rex
universis
Comitibus
&
Baronibus
Regni
,
ut
irent
foras
&
recordarentur
Legum
Henrici
Regis
Avi
sui
,
&
eas
in
scripto
redigerent
.
Quod
cum
factum
fuisset
,
praecepit
Rex
Archiepiscopis
&
Episcopis
ut
sigilla
sua
apponerent
scripto
illi
;
&
cum
caeteri
proni
essent
ad
faciendum
,
Archiepiscopus
Cantuariensis
juravit
quod
nunquam
scripto
illi
sigillum
suum
apponeret
,
nec
leges
illas
confirmaret
.
If
this
was
not
an
encroaching
Royall
power
,
there
was
never
any
such
fault
,
when
he
was
grown
so
great
that
the
King
himself
must
supplicate
;
that
the
great
men
of
that
time
,
though
passionataly
interceding
on
the
behalf
of
the
King
,
could
obtain
no
peace
for
the
King
.
That
an
Ambassadour
from
the
Pope
and
Cardinals
must
be
sent
to
command
him
to
be
reconciled
to
the
King
.
That
he
did
make
a
shew
of
being
the
Kings
friend
,
and
did
promise
to
be
at
peace
with
the
King
and
keep
his
Laws
,
at
the
Popes
Command
.
But
of
this
too
he
soon
repented
,
and
said
he
would
sin
no
more
.
Was
not
this
man
a
Traytor
at
Common
Law
before
the
25
of
Ed.
3.
doth
not
the
reason
of
the
Government
declare
and
pronounce
him
so
?
And
doth
the
Octavo
Author
think
that
a
Parliament
would
not
use
the
declarative
power
by
that
Statute
reserved
,
to
declare
such
offences
as
these
,
Treason
?
If
the
like
case
should
happen
,
would
not
he
himself
be
the
likelyest
man
to
be
formost
in
the
impeachment
?
But
Gervasius
Dorobernensis
goes
on
and
tells
us
,
that
afterwards
Becket
did
voluntary
penance
,
for
the
aforesaid
promise
made
to
the
King
,
and
of
his
submission
to
his
Laws
,
and
stood
out
in
disobedience
.
That
the
King
did
cast
about
and
study
,
quomodo
vel
qua
arte
constantiam
Archiepiscopi
conterere
valeret
,
vel
elidere
virtutem
,
Col.
1388.
But
see
in
what
respectful
terms
their
Author
in
the
meantime
speaks
of
this
Becket
.
We
may
be
sure
,
we
can
have
nothing
from
them
,
that
is
true
,
if
it
makes
the
Cause
of
this
contumacious
rebellious
man
bad
.
But
at
last
the
Kings
patience
is
turned
into
Anger
.
For
Gervasius
goes
on
Col.
1388.
and
saith
,
Timens
autem
Rex
Angliae
,
ne
impune
manus
ejus
Cantuariensis
Episcopus
evaderet
,
jam
edoctus
multiplici
Cogitatione
&
pravorum
Eruditione
quibus
eum
pravitatis
laqueis
innodaret
,
Praecepit
Praesules
&
Proceres
Regni
,
apud
Northamptonian
unà
cum
Archiepiscopo
ipso
convenire
,
qui
cum
tertia
die
convenissent
,
Archiepiscopus
in
multis
est
accusatus
.
And
no
man
can
believe
his
accusation
was
less
than
Treason
,
that
will
believe
what
is
said
by
all
Historians
of
Beckets
Rebellious
behaviour
against
the
King
,
and
the
Kings
anger
conceived
,
his
threatning
him
with
death
,
and
the
convening
of
this
Parliament
,
lest
he
should
escape
unpunisht
:
And
especially
that
will
observe
the
partiality
of
this
Gervasius
against
the
King
;
and
in
favour
of
Becket
.
For
he
said
,
as
is
before
observed
and
cited
,
that
now
the
King
was
edoctus
multiplici
cogitatione
,
that
now
the
King
with
much
thought
,
and
the
Advice
of
wicked
men
was
instructed
how
he
might
ensnare
him
with
evil
Arts
,
and
for
that
purpose
this
Parliament
was
convened
.
And
yet
in
particular
this
Gervasius
and
Fitz-Stephen
,
his
faithful
friend
who
accompanied
Becket
in
his
troubles
,
mentions
only
two
faults
,
whereof
he
is
accused
,
viz.
of
injustice
in
the
Case
of
John
the
Marshall
,
and
of
his
own
Contumacy
in
not
obeying
the
Kings
Summons
.
Fitz-Stephen
,
Hoveden
and
Gervasius
tell
us
,
that
to
the
two
particulars
Becket
made
his
defence
.
Gervasius
and
Hoveden
tells
us
what
defence
he
made
,
which
the
Octavo
hath
faithfully
transcribed
,
to
do
him
right
:
(
I
wish
he
had
observed
the
whole
story
,
then
he
would
have
saved
me
this
trouble
of
bringing
it
into
the
view
of
the
World
.
)
The
Article
wherein
he
is
charged
,
for
not
doing
Justice
to
John
Marshall
,
is
answered
by
laying
the
fault
upon
Marshall
himself
,
for
abusing
the
Court
,
bringing
veterum
Cantuum
Codicillum
,
to
swear
upon
,
refusing
to
swear
sub
Evangelium
,
ut
moris
est
.
The
other
Article
he
answered
,
proving
by
two
sufficient
Witnesses
,
that
it
was
sickness
hindred
him
and
not
any
contempt
;
Very
sufficient
Answers
to
those
two
Articles
,
and
certainly
the
Parliament
that
was
called
only
for
to
punish
Becket
,
might
have
well
acquitted
him
and
returned
home
,
and
a
weighty
cause
this
was
to
convene
a
Parliament
.
But
these
were
but
two
of
those
many
things
(
for
multis
est
accusatus
saith
Gervasius
)
and
of
the
least
offence
(
besides
that
they
were
fully
answered
)
in
any
mans
judgment
that
hath
read
the
Story
of
Becket
,
of
which
he
stood
accused
.
By
what
I
have
here
transcribed
it
appears
,
that
he
was
certainly
guilty
of
Treason
.
That
the
Parliament
was
called
to
punish
him
:
The
King
was
enraged
and
that
justly
,
and
therefore
he
was
most
certainly
accused
of
Treason
.
Gervasius
goes
on
and
tells
us
,
that
his
rationibus
(
meaning
that
he
offered
in
excuse
of
himself
in
the
business
of
Marshall
and
his
own
contempt
)
Archiepiscous
excusari
non
potuit
,
sed
Curiali
judicio
,
&
Assensa
Episcoporum
condemnatus
est
,
ita
ut
omnia
ejus
bona
in
misericordia
Regis
ponerentur
.
And
yet
the
prosecution
went
on
.
The
Bishops
are
consulted
with
by
Becket
,
how
he
should
behave
himself
.
Thus
Gervasius
tells
us
Coll.
1398.
You
may
best
understand
the
Nature
of
the
prosecution
and
Beckets
danger
,
by
the
advice
of
some
of
his
Suffragan
Bishops
.
The
Bishop
of
London
thus
adviseth
,
Si
pater
,
inquit
,
recolis
,
unde
te
Dominus
Rex
sustulit
,
quid
tibi
contulit
,
consideratâ
temporum
malitiâ
,
quam
Ruinam
Ecclesiae
&
nobis
omnibus
paraveris
,
si
in
his
Regi
resistere
volueris
,
non
solum
Archiepscopatui
Cantuariae
,
sed
in
decuplo
,
si
tanti
fuerit
,
cedere
deberes
.
Could
all
this
danger
grow
from
less
than
Treason
?
Could
a
bare
neglect
to
answer
a
Summons
,
where
he
excused
his
default
sufficiently
,
or
refusing
to
proceed
in
the
Case
of
Marshall
,
for
that
he
did
presumptuously
trifle
with
the
Court
,
and
prophanely
offered
to
be
Sworn
upon
a
Song-book
,
put
the
whole
Church
and
himself
in
danger
,
big
enough
to
be
redeemed
with
ten
times
the
value
of
the
Bishoprick
of
Canterbury
?
The
Bishop
of
Lincoln
speaks
in
Gervasius
these
Words
:
Patet
,
inquam
,
vitam
istius
hominis
&
sanguinem
quaeri
,
&
necessario
alterum
horum
erit
,
aut
Archiepiscopatui
aut
vitae
cedendum
.
The
Bishop
of
Exeter
thus
:
Palam
est
quoniam
dies
mali
sunt
,
&
si
possumus
sub
dissimulationis
umbrâ
,
hujus
tempestatis
impetum
pertransire
illaesos
.
And
after
he
saith
,
satis
est
unum
Caput
in
parte
periclitari
,
quam
totam
Anglicanam
Ecclesiam
inevitabili
exponere
discrimini
.
The
Bishop
of
Worcester
,
saith
Gervasius
,
being
asked
what
he
thought
,
ita
temperavit
Responsum
,
ut
&
negando
palam
secerit
,
quid
animi
haberet
.
The
Bishop
of
Ely
was
sick
.
The
Bishop
of
Norwich
,
the
same
Author
saith
,
excused
himself
,
secreto
asserens
Eliensem
foeliciter
adeò
defensum
,
&
quod
ipse
vellet
simili
plagâ
percelli
,
for
he
had
heard
,
saith
our
Author
,
quid
Rex
conceperat
contra
Cantuariensem
.
Becket
not
resolved
what
to
do
,
desired
of
the
Earls
of
Leicester
and
Cornwall
,
that
he
might
have
time
untill
the
morrow
.
And
the
morrow
being
Sunday
,
time
was
given
until
the
Munday
,
and
then
the
Bishops
came
to
Becket
and
advised
him
,
for
avoiding
danger
and
scandal
,
to
submit
himself
to
the
Kings
Will
;
which
if
he
should
do
,
jam
audierint
in
Curiâ
Regis
perjurii
Crimen
sibi
imponi
,
&
tanquam
proditorem
judicandum
,
eò
quod
terreno
Domino
honorem
terrenum
non
servaret
,
cum
avitas
consuetudines
Regni
observaturum
firmasset
,
ad
quas
specialiter
observare
jurisjurandi
nova
se
&
illos
astrixerat
Religione
.
And
now
sure
it
will
be
believed
that
Becket
was
accused
in
this
Parliament
of
Treason
,
for
Treason
was
his
Crime
,
not
allowing
the
King
,
with
the
consent
of
his
States
,
to
make
any
Laws
,
but
such
as
he
should
approve
,
aggravated
with
perjury
,
for
he
had
sworn
himself
to
observe
them
.
After
Becket
had
given
the
Bishops
an
obstinate
and
resolute
Answer
to
adhere
to
his
Treasonable
Practices
,
to
disallow
the
Authority
of
the
King
and
States
in
the
Laws
called
the
Assise
of
Clarendon
,
and
to
oppose
the
observance
of
them
;
Observe
what
Gervasius
saith
,
discesserunt
Episcopi
ad
Curiam
properantes
.
By
and
by
Becket
comes
too
(
but
the
Bishops
were
there
before
him
)
carrying
the
Cross
himself
,
which
the
King
,
as
well
as
the
Bishops
,
took
to
be
a
coming
armed
.
Upon
which
,
saith
Gervasius
,
vocatis
Episcopis
&
proceribus
gravem
&
grandem
Rex
deponit
querimoniam
,
quod
Archiepiscopus
sic
armatus
in
Curiam
veniens
ipsum
&
suos
omnes
,
inauditâ
saeculis
formâ
,
naevo
notaverit
proditoris
.
Whereupon
the
Bishops
by
the
Mouth
of
Hilaris
Cicestrensis
a
Bishop
more
eloquent
than
the
rest
,
thus
said
to
Becket
,
Quandoque
,
ait
,
fuisti
Archiepiscopus
,
&
tenebamur
tibi
obedire
,
sed
quia
Domino
Regi
fidelitatem
jurasti
,
hoc
est
vitam
,
membra
&
terrenam
dignitatem
sibi
per
te
salvam
fore
,
&
consuetudines
quas
ipse
repetit
conservandas
,
&
tu
niteris
eas
destruere
,
cum
praecipue
spectant
ad
terrenam
sui
degnitatem
&
honorem
;
idcirco
,
te
reum
perjurii
dicimus
,
&
perjuro
Archiepiscopo
de
caetero
obedire
non
habemus
.
This
I
take
to
be
a
judging
in
Treason
.
But
this
the
Bishops
did
for
their
part
,
as
Bishops
and
Suffragans
they
did
withdraw
their
obedience
from
their
Metropolitan
,
which
was
(
as
much
as
in
them
lay
)
to
deprive
him
:
a
conviction
it
was
of
the
Guilt
,
not
indeed
judicium
sanguinis
.
But
this
is
not
all
;
for
observe
what
our
said
Author
saith
further
,
they
going
away
,
the
King
saith
to
them
,
discernite
quid
perjurus
&
contumax
proditor
debeat
sustinere
.
Itur
&
judicatur
,
&
à
quo
vel
qualiter
judicium
pronuntiandum
esset
,
informatur
.
In
which
matter
Stephanides
,
as
he
is
cited
by
Mr.
Selden
in
his
Titles
of
Honour
,
in
the
Folio
Edition
fol.
705.
tells
us
,
how
it
was
consulted
and
debated
between
the
Bishops
the
Spiritual
Barons
,
and
the
Temporal
Barons
,
for
saith
he
,
de
proferendo
judicio
distantia
fuit
inter
Episcopos
&
Barones
,
utrisque
alteri
illud
imponentibus
,
utrisque
se
excusantibus
.
Aiunt
Barones
,
vos
Episcopi
pronuntiare
debetis
sententiam
,
ad
nos
non
pertinet
,
nos
Laici
sumus
,
vos
personae
Ecclesiasticae
sicut
ille
,
Consacerdotes
ejus
,
Coepiscopi
ejus
.
Ad
haec
aliquis
Episcoporum
,
Imo
vestri
potius
est
hoc
officii
,
non
nostri
,
non
enim
est
hoc
judicium
Ecclesiasticum
sed
Seculare
,
non
sedemus
hic
Episcopi
sed
Barones
,
Nos
Barones
&
vos
Barones
,
pares
hic
sumus
.
Ordinis
autem
Nostri
rationi
frustra
innitimini
,
quia
si
in
nobis
ordinationem
attenditis
,
&
in
ipso
similiter
attendere
debetis
,
eo
autem
ipso
,
quod
Episcopi
sumus
,
non
possumus
Archiepiscopum
.
&
dominum
nostrum
judicare
.
By
which
dispute
(
by
the
way
)
it
doth
appear
that
both
the
Bishops
and
Temporal
Lords
did
take
themselves
to
be
equally
constituted
Judges
and
Peers
,
by
reason
of
their
common
Baronage
,
in
this
Case
of
Becket
,
a
Cause
of
Treason
;
the
Bishops
owned
and
avowed
a
Right
of
judging
him
as
Barons
,
They
did
not
excuse
themselves
upon
the
score
of
the
Canon
alledged
,
but
from
the
indecency
in
respect
of
the
relation
that
they
stood
in
to
the
Criminal
,
he
being
their
Superiour
and
Metropolitan
,
they
seem'd
willing
to
decline
the
making
of
the
Sentence
.
Whether
any
Judgment
was
pronounced
,
by
whom
,
or
what
the
Judgment
was
,
is
not
certain
,
the
Historians
differing
thereupon
;
But
when
he
went
out
of
the
Court
he
was
call'd
by
the
people
as
he
past
,
Traytor
and
perjured
Traytor
,
as
the
King
before
had
called
him
.
And
if
this
be
not
the
clearest
proof
of
Beckets
being
accused
of
Treason
,
and
the
Bishops
judging
in
a
capital
Cause
in
Parliament
,
there
can
be
nothing
proved
to
satisfaction
:
Besides
that
all
that
writ
of
his
story
are
unwilling
Witnesses
,
they
magnify
,
excuse
and
justify
the
man
all
along
,
extolling
his
virtues
.
They
call
him
Saint
,
Pater
Patriae
(
so
Gervasius
does
Coll.
1393.
)
and
Martyr
.
Let
the
Reader
consider
what
is
here
faithfully
recited
,
and
then
let
him
tell
what
Opinion
he
hath
of
the
Candor
of
the
Octavo
Gentleman
,
who
could
find
no
fault
in
Thomas
Becket
,
for
he
saith
Folio
62.
That
Gervasius
Dorobernensis
saith
,
that
Becket
was
charged
with
two
things
,
Injustice
to
John
Marshall
,
and
his
own
contempt
in
not
appearing
to
the
Kings
Summons
:
This
Author
had
nothing
of
his
own
knowledge
to
charge
upon
him
,
and
saith
,
that
Stephanides
is
not
to
be
regarded
because
he
was
Beckets
friend
,
and
an
obscure
Author
,
it
may
be
not
yet
come
into
his
Study
.
The
Author
had
reason
to
see
no
faults
in
Becket
,
or
to
forget
them
all
for
the
good
service
the
insolencies
of
that
man
hath
done
towards
the
Scandal
of
the
Order
.
But
we
have
not
mispent
our
own
time
,
neither
will
the
Reader
regret
our
length
in
this
matter
,
for
this
single
Case
consider'd
,
gives
a
Resolution
to
the
Question
;
and
puts
the
Right
of
the
Bishops
to
sit
in
capital
Causes
out
of
all
doubt
.
This
Case
will
let
in
light
for
the
true
understanding
of
the
Assise
of
Clarendon
.
For
it
must
be
noted
that
the
Great
Parliament
of
Clarendon
was
held
by
Henry
the
2.
about
the
latter
end
of
January
,
in
the
tenth
year
of
his
Reign
;
the
Bishops
and
Lords
were
all
Sworn
to
observe
the
Statutes
there
made
(
called
the
Assise
of
Clarendon
)
called
the
Avitae
consuetudines
Regni
,
of
which
the
Law
aforementioned
was
one
.
This
Law
therefore
must
be
interpreted
in
such
a
sense
,
for
that
the
words
will
bear
it
,
and
can
be
intended
in
no
other
than
that
which
may
consist
with
the
proceedings
in
the
Case
of
Arch-Bishop
Becket
,
and
with
the
Oaths
of
all
the
Bishops
and
Peers
,
and
the
great
men
,
taken
but
a
short
time
before
,
to
observe
the
Statutes
of
Clarendon
:
Now
if
the
whole
Order
of
capital
Causes
had
been
intended
to
be
excepted
by
that
Statute
above
recited
(
upon
which
our
Adversaries
do
so
much
ground
themselves
)
from
the
Cognisance
of
the
Lords
Spiritual
,
and
they
could
not
be
present
when
any
such
Case
was
agitated
or
moved
,
all
the
Grandees
were
Notoriously
,
Willfully
,
and
Knowingly
,
and
in
the
face
of
the
whole
World
perjured
to
the
Eternal
infamy
of
our
Nation
.
Could
the
whole
Nation
be
ignorant
of
its
own
Laws
and
Constitutions
,
made
and
sworn
to
but
a
few
months
before
?
and
neither
the
King
,
Lords
Spiritual
or
Temporal
,
or
Commons
understand
them
?
120
men
at
least
,
(
for
about
that
number
were
the
Bishops
and
regular
Barons
in
H.
the
2ds
.
time
and
not
less
)
now
come
into
the
highest
Judicature
in
the
greatest
Cause
that
ever
was
agitated
(
It
was
in
the
Case
of
Becket
disputed
whether
we
should
have
a
Civil
or
Ecclesiastical
Soveraignty
)
and
there
sit
Judges
,
and
no
body
except
against
them
in
October
,
if
excluded
by
the
Statute
made
in
February
before
;
though
the
King
and
the
Nobles
had
reason
to
suspect
them
on
Becket's
side
,
and
they
unwilling
themselves
to
Judge
,
and
they
under
an
Oath
not
to
sit
,
and
the
Temporal
Lords
under
an
Oath
not
to
admit
them
or
allow
them
to
be
there
?
And
yet
not
a
word
of
this
matter
in
all
the
Historians
of
that
time
,
Thomas
of
Canterbury
his
friends
to
a
man
,
who
were
forward
enough
to
reproach
the
Judges
sure
,
when
they
condemned
the
Sentence
,
and
applauded
the
Criminal
,
and
made
a
Pater
patriae
,
a
Martyr
and
Saint
of
this
Notorious
Church
Rebel
.
He
therefore
that
can
believe
that
the
Bishops
were
not
rightful
and
unexceptionable
Judges
in
capital
Causes
in
Parliament
,
in
the
time
of
H.
2.
may
believe
that
a
whole
Nation
may
become
of
insane
Memory
at
once
,
go
to
bed
a
Monarchy
and
wake
into
a
Common-wealth
,
without
any
notice
or
observation
of
a
Change
.
And
now
that
the
Assise
of
Clarendon
is
of
our
side
,
I
hope
will
be
admitted
,
and
that
the
Bishops
not
only
may
,
but
ought
to
be
present
in
capital
Causes
in
Parliament
,
for
the
words
of
the
Statutes
are
;
That
the
Archiepiscopi
,
Episcopi
&
universi
personae
qui
de
Rege
tenent
in
Capite
,
habeant
possessiones
suas
de
Rege
sicut
Baroniam
,
&
sicut
caeteri
Barones
debent
interesse
Judiciis
Curiae
Domini
Regis
cum
Baronibus
.
So
that
now
they
were
declared
to
be
Judges
as
the
other
Barons
,
in
that
they
ought
to
be
present
in
all
Causes
:
Only
they
were
favoured
so
much
in
decent
regard
to
their
Order
,
that
they
were
not
required
to
be
present
at
the
Sentence
of
Death
and
multilation
of
Member
,
for
as
much
as
they
are
the
Ministers
of
Gods
pardon
,
and
the
Publishers
of
the
Doctrine
of
Faith
and
Repentance
;
they
ought
to
comport
with
their
office
,
and
express
their
Commiseration
to
the
greatest
Sinner
,
and
to
have
some
reluctancy
against
the
Sentence
of
Condemnation
,
and
to
that
purpose
is
that
Indulgence
given
them
in
the
quousque
perveniatur
ad
mutilationem
membrorum
vel
mortem
.
But
the
Assise
of
Clarendon
having
;
I
will
not
say
left
them
,
but
required
them
to
be
Judges
(
this
exception
of
Quousque
&c.
being
only
an
Indulgence
as
aforesaid
upon
the
Reasons
aforesaid
)
they
remain
entire
Judges
in
Capital
Causes
,
and
may
depart
from
that
Indulgence
,
and
ought
so
to
do
when
Justice
is
necessary
,
and
the
offences
more
than
ordinarily
Publick
,
and
will
be
pardoned
and
escape
with
impunity
to
the
hazard
of
the
Government
,
except
they
interpose
.
For
if
the
Assise
of
Clarendon
had
not
left
them
entire
Judges
of
Right
,
only
at
liberty
as
to
the
pronouncing
of
Sentence
;
they
had
not
remain'd
Judges
;
for
the
office
of
a
Judge
cannot
be
divided
;
he
that
hath
not
an
Authority
to
judge
the
Cause
,
can
be
reckoned
and
accounted
no
other
than
a
ministerial
assistant
to
the
process
,
in
such
matters
as
the
Court
shall
award
.
Therefore
Bishops
;
in
that
they
have
intermedled
as
Judges
in
such
Causes
,
they
have
continued
and
avowed
their
Right
of
judging
,
and
in
that
they
have
withdrawn
at
the
Sentence
they
have
used
that
Liberty
.
But
to
leave
nothing
for
an
after
objection
,
Evasion
,
or
Cavillation
,
it
shall
be
in
our
Adversary's
choice
,
Whether
this
Curia
Regis
mentioned
in
the
Assise
of
Clarendon
,
as
also
the
Court
that
tryed
Thomas
Becket
,
was
the
Curia
Regis
wherein
the
ordinary
Justice
of
the
Nation
was
at
that
time
administred
,
or
the
Parliament
.
If
it
was
the
Curia
Regis
,
and
not
the
Parliament
,
was
intended
in
the
Assise
of
Clarendon
,
in
which
the
Priviledge
and
Indulgence
under
the
Quousque
was
allowed
to
Bishops
;
Then
the
Assise
of
Clarendon
is
unduly
urged
against
the
Bishops
judging
in
Cases
of
blood
in
Parliament
,
for
that
all
Laws
of
Priviledge
and
exemption
are
stricti
Juris
,
and
not
to
be
extended
beyond
the
Letter
of
the
Law
,
the
single
instance
,
or
the
enumerated
Cases
;
and
consequently
by
the
Assise
of
Clarendon
the
Bishops
have
no
leave
to
withdraw
in
Cases
of
blood
in
Parliament
.
If
the
Court
wherein
Thomas
Becket
was
tryed
was
the
Curia
Regis
,
then
the
Bishops
judging
in
that
Court
in
that
Cause
doth
most
clearly
declare
(
that
being
a
Case
in
point
)
that
the
quousque
in
the
Assise
of
Clarendon
was
an
Indulgence
and
Priviledge
,
which
they
might
use
or
wave
as
they
then
did
.
But
this
cannot
be
denyed
,
that
the
Bishops
are
and
were
Barons
ever
since
the
Conqueror
,
(
of
which
,
and
of
the
Curia
Regis
we
shall
hereafter
give
an
account
)
and
whatever
was
the
business
and
office
of
Baron
,
was
consequently
the
office
and
business
of
a
Bishop
of
Common
Right
,
and
still
is
,
except
any
Legal
restraint
was
put
upon
them
by
any
Law
,
which
was
not
done
by
the
Assise
of
Clarendon
,
as
we
have
proved
by
the
reason
of
the
making
of
that
Law
,
the
Interpretation
of
that
Law
at
that
time
.
Nor
was
that
Law
or
any
other
Law
hitherto
pretended
(
but
only
the
Canons
of
the
Church
)
against
the
Right
and
Duty
of
Bishops
in
Capital
Causes
in
Parliament
,
or
if
they
will
have
it
,
in
the
Curia
Regis
.
CHAP.
VI.
AND
now
we
proceed
further
to
shew
how
this
Right
and
Authority
of
the
Prelates
hath
been
used
and
acknowledged
in
after-times
.
Roger
de
Hovedon
hath
remembred
in
the
Life
of
Richard
the
First
,
who
succeeded
Henry
the
2.
That
before
the
arrival
of
Richard
the
First
in
England
who
had
been
in
Captivity
in
the
Empire
,
that
one
Adam
de
St.
Edmond
,
Agent
to
John
Earl
of
Morton
,
returned
into
England
,
being
sent
to
fortifie
the
Castle
of
Earl
John
,
against
the
King
his
Brother
,
and
was
apprehended
by
the
Lord
Mayor
of
London
,
with
several
papers
of
instructions
and
Commissions
of
Earl
Johns
for
that
purpose
:
Hoveden
tells
us
,
That
the
Mayor
cepit
omnia
brevia
sua
,
in
quibus
mandata
Comitis
Johannis
continebantur
,
&
tradidit
ea
Cantuariensi
Episcopo
,
qui
in
crastino
convocatis
coram
eo
Episcopis
,
Comitibus
&
Baronibus
Regni
,
ostendit
eis
literas
Comitis
Johannis
&
earum
tenorem
,
&
statim
per
commune
Concilium
Regni
definitum
est
,
quod
Comes
Johannes
disseiseretur
de
omnibus
Tenementis
suis
in
Anglia
,
&
Castella
sua
obsiderentur
.
This
is
a
Cause
of
Treason
,
for
that
Richard
the
First
immediately
upon
the
demise
of
the
Crown
was
King
.
It
can
be
no
objection
that
this
was
not
a
formal
Parliament
,
for
whether
it
was
or
no
,
it
seems
the
Bishops
power
in
that
Cause
was
allowed
.
That
it
was
Commune
Concilium
Regni
,
and
had
the
Nature
of
a
Parliament
.
And
that
the
Bishops
therein
had
a
parity
of
Authority
with
the
Temporal
Lords
.
But
soon
after
his
return
King
Richard
held
a
Parliament
at
Notingham
Hoveden
mentions
the
Bishops
that
were
present
by
Name
.
In
which
Parliament
our
Historian
tells
us
,
That
the
King
Petiit
sibi
Judicium
fieri
de
Comite
Johanne
fratre
suo
,
qui
contra
fidelitatem
quam
ei
juraverat
Castella
sua
occupaverat
,
&
terras
suas
transmarinas
destruxerat
,
&
foedus
contra
eum
cum
inimico
suo
Rege
Franciae
contra
eum
inierat
.
And
the
like
Justice
he
required
against
the
Bishop
of
Coventry
,
for
that
he
had
adher'd
Regi
Franciae
&
Comiti
Johanni
inimicis
suis
;
and
it
was
thereupon
adjudged
,
Judicatum
(
saith
Hoveden
)
quod
Comes
Johannes
&
Episcopus
Coventrensis
peremptoriè
citarentur
,
&
si
intra
quadraginta
dies
non
venerint
nec
Juri
steterint
,
Judicaverunt
Comitem
demeruisse
regnum
,
&
Episcopum
Coventrensem
subjacere
judicio
Episcoporum
in
eo
quod
Episcopus
erat
,
&
Judicio
Laicorum
in
eo
quod
ipse
Vicecomes
Regis
extiterat
.
You
see
here
the
Bishops
zeal
and
Loyalty
,
that
they
adjoyn'd
the
censure
of
the
Church
which
they
had
power
of
as
Bishops
,
to
a
Civil
punishment
,
which
they
with
the
Temporal
Barons
had
Authority
to
pronounce
against
One
of
their
own
Order
,
who
was
guilty
of
a
design
to
engage
a
Nation
in
a
War
by
opposing
the
lawful
Successour
to
the
Crown
;
and
this
being
so
great
a
Cause
,
We
hear
nothing
here
of
any
scruple
the
Canon
gave
them
,
nor
mention
of
any
Priviledge
of
an
Ecclesiastick
to
be
exempt
from
the
Judgment
of
the
secular
Court
.
In
the
same
Parliament
Giraldus
de
Canavilla
was
accus'd
of
harbouring
of
Pirats
,
and
,
Praeterea
,
saith
Hoveden
,
appellaverunt
eum
de
Laesurâ
Regiae
Majestatis
,
in
eo
quod
ipse
ad
vocationem
Justitiariorum
Regis
venire
noluit
,
nec
juri
stare
de
praedictâ
receptatione
raptorum
,
neque
eos
ad
Justitiam
Regis
producere
,
sed
respondet
se
esse
hominem
Comitis
Johannis
,
&
velle
in
Curiâ
suâ
Juri
stare
.
Hoveden
tells
us
all
,
that
were
present
at
this
great
Council
;
Hubert
Arch-Bishop
of
Canterbury
,
Galfridus
Arch-Bishop
of
York
,
Hugh
Bishop
of
Durham
,
Hugh
Bishop
of
Lincoln
,
William
Bishop
of
Ely
,
William
Bishop
of
Hereford
,
Henry
Bishop
of
Worcester
,
Henry
Bishop
of
Exeter
,
and
John
Bishop
of
Carlisle
,
Earl
David
Brother
of
the
King
of
Scots
,
Hamelinus
Earl
de
Warrenna
,
Ranulfus
Earl
of
Chester
,
William
Earl
of
Feriers
,
William
Earl
of
Salisbury
,
and
Roger
Bigot
.
Let
any
one
judge
,
if
it
was
likely
that
the
Bishops
did
withdraw
,
in
the
Case
of
Earl
John
,
or
the
said
Bishop
,
when
besides
them
there
were
but
six
Barons
present
at
that
Parliament
.
What
manner
of
great
Council
would
this
Parliament
have
been
,
that
had
consisted
but
of
six
Barons
?
of
what
Authority
would
such
a
Parliament
have
been
,
in
the
absence
of
the
King
,
and
a
troubled
Estate
of
the
Kingdom
?
CHAP.
VII
.
IN
the
time
of
Edward
the
Second
,
in
the
two
Judgments
against
the
Spencers
,
the
Right
of
the
Bishops
to
judge
in
capital
Causes
in
Parliament
was
carried
so
high
in
opinion
,
that
their
presence
was
thought
necessary
to
give
Authority
and
validity
to
the
Judgment
of
the
House
of
Lords
in
such
Cases
;
and
their
absence
was
assigned
for
Error
,
for
Reversal
of
those
Judgments
(
for
an
Error
that
appears
in
the
irregularity
of
the
Proceedings
,
is
an
allowable
Cause
for
vacating
the
Judgment
by
the
same
Court
that
gave
it
.
)
And
so
far
did
that
Opinion
prevail
,
that
the
presence
of
the
Lords
Spiritual
was
necessary
to
give
Authority
to
a
Judgment
of
that
House
,
that
for
this
Cause
,
because
the
Prelates
were
absent
,
that
Judgment
was
reversed
.
Which
opinion
did
arise
upon
this
mistake
,
that
because
the
Lords
Spiritual
was
one
of
the
two
States
that
made
the
House
of
Lords
,
nothing
could
be
done
without
their
concurrence
.
But
though
they
are
a
distinct
State
from
the
Temporal
Lords
,
they
make
but
one
House
,
and
they
are
both
there
under
one
Notion
and
Reason
,
viz.
as
they
are
both
Lords
Spiritual
and
Temporal
,
the
Baronage
of
England
.
But
let
any
man
tell
me
that
can
,
whether
if
the
Lords
Spiritual
had
not
been
understood
Judges
in
Parliament
in
Capital
Causes
,
it
could
have
been
a
question
whether
their
absence
could
avoid
the
Judgment
in
the
Case
of
the
Spencers
,
much
less
that
such
an
opinion
should
prevail
,
that
the
Judgment
should
be
(
as
it
was
for
that
reason
)
reversed
.
And
tho'
the
Reversal
of
that
Judgment
was
set
aside
,
and
the
Judgment
affirmed
in
1
E.
3.
Yet
the
publick
Recognition
of
the
Bishops
Right
in
the
Reversal
remains
an
undeniable
Testimony
to
their
Right
of
sitting
:
Tho'
the
Reversal
of
that
Judgment
was
not
warrantable
,
for
the
reason
of
the
Bishops
absence
,
as
it
could
not
have
been
reversed
by
reason
of
the
absence
of
as
many
Temporal
Barons
if
there
remained
enough
besides
to
make
a
House
to
give
the
Judgment
.
And
yet
we
find
the
Reversal
of
the
Reversal
reversed
in
21
R.
2.
and
the
Family
of
the
Spencers
restored
in
the
person
of
the
Earl
of
Glocester
.
So
prevalent
was
the
opinion
that
the
Bishops
Concurrence
was
necessary
in
all
capital
Judgments
in
Parliament
at
that
time
.
For
this
see
Sir
Robert
Cottons
Abridgment
,
fol.
373.
Yet
it
is
observable
that
the
consequence
from
the
Bishops
being
a
third
State
,
and
an
Essential
constituent
part
of
that
House
;
to
a
necessity
of
their
presence
in
all
judicial
matters
,
even
of
Capital
Offences
and
Treason
,
did
so
stick
with
that
Age
:
for
they
then
in
that
Age
did
no
more
know
what
three
States
served
for
,
or
that
they
both
made
but
one
House
,
than
some
in
our
time
can
tell
how
to
find
them
.
For
that
very
Reason
in
21
R.
2.
the
first
Petition
that
the
Commons
made
in
that
Parliament
to
the
King
was
,
for
that
diverse
Judgments
were
heretofore
undone
,
for
that
the
Clergy
were
not
present
.
The
Commons
prayed
the
King
that
the
Clergy
would
appoint
some
to
be
their
Common
Proctor
with
sufficient
Authority
thereunto
.
The
Prelates
therefore
being
severally
examined
,
appointed
Sir
Thomas
de
la
Piercy
to
assent
.
The
words
of
which
Petition
,
and
the
procuratory
Letters
,
for
greater
Authority
,
and
more
satisfaction
I
have
thought
fit
to
transcribe
.
Nos
Thomas
Cantuar.
&
Robertus
Eborac
.
Archiepiscopi
ac
Praelati
,
Clerus
utriusque
Provinciae
Cantuar.
&
Ebor.
jure
Ecclesiarum
nostrarum
,
&
Temporalium
earundem
habentes
jus
interessendi
in
singulis
Parliamentis
Domini
nostri
Regis
&
Regni
Angliae
pro
tempore
celebrandis
,
necnon
tractandi
&
expediendi
in
eisdem
quantum
ad
singula
in
instanti
Parliamento
pro
statu
&
honore
Domini
nostri
Regis
,
nec
non
Regalie
ac
quiete
pace
,
&
tranquillitate
Regni
judicialiter
justificandi
,
venerabili
viro
D.
Thomae
Peircy
.....
Nostram
plenariam
committimus
potestatem
,
ita
ut
singula
per
ipsum
facta
in
praemissis
perpetuis
temporibus
rata
habeantur
.
The
Commons
of
England
knew
what
they
said
,
and
could
not
be
mistaken
in
fact
,
we
know
of
no
Judgments
reversed
but
those
of
the
Spencers
;
But
we
have
no
Records
or
very
few
of
the
times
before
Edward
the
Third
,
transmitted
to
us
,
through
the
injury
of
the
times
,
but
they
then
had
certainly
whereupon
they
grounded
their
petition
,
upon
which
the
said
procuratory
Letters
were
made
,
which
petition
here
follows
in
terminis
.
Mecredy
prochein
,
ensuant
les
Communes
monstrerent
au
Roy
,
coment
avant
ces
Jeures
plusieurs
jugements
&
Ordinances
faitez
en
temps
des
progenitors
nostre
Senior
le
Roy
en
le
Parliement
eiant
estre
repelles
&
adnulles
pur
ceo
que
l'estat
de
Clergie
ne
fust
prest
en
Parliament
a
la
faisaunce
des
dits
jugements
&
Ordenances
,
&
pur
ceo
prierent
au
Roy
que
pur
surete
de
sa
personne
&
salvation
de
son
Royalme
les
Evesques
&
le
Clergie
ferroient
un
Procurator
aver
poiar
sufficient
pur
consentir
en
leur
nosme
as
toutes
choses
&
ordinances
a
justifieis
en
cest
Parliament
,
&
que
sur
ceo
chescun
Signior
espiritual
dirroit
pleinenent
son
advys
.
Sur
qui
les
dits
Seigniors
Espiritual
severalment
examines
se
consenterent
de
Comettre
lour
plein
poiar
grantant
en
les
parts
&
nosmerent
on
especial
Tho.
Peircy
Chivaler
,
&
sur
ceo
baillerent
au
Roy
une
Schedule
contenant
lour
dit
poiar
,
le
quelle
nostre
Seignior
le
Roy
receust
&
commanda
la
dite
Mecredy
estre
enter
de
record
en
Rol
de
Parliament
;
deque
cela
Schedule
le
form
sensuit
.
But
it
is
remarkable
that
this
Petition
was
made
in
21
R.
2.
for
that
in
the
11
R.
2.
the
Bishops
had
made
their
Protestation
,
that
by
reason
of
a
Canon
they
could
not
be
present
:
The
words
of
the
protestation
we
shall
here
transcribe
.
Per
encheson
&
certeins
mattires
feurent
mouvez
en
cest
present
Parliament
&
toucherent
overtement
Cryme
;
L'archevesque
de
Canterbiry
&
les
autres
Prelates
de
sa
province
fierent
une
protestation
en
la
fourme
&
paroles
qui
suent
.
In
Dei
nomine
Amen
.
Cum
de
Jure
&
consuetudine
Regni
Angliae
ad
Archiepiscopum
Cantuariensem
qui
pro
tempore
fuerit
,
nec
non
caeteros
suos
Suffraganeos
,
Confratres
,
&
Coepiscopos
,
Abbates
&
Priores
aliosque
Praelatos
quoscunque
per
Baroniam
de
Domino
Rege
tenentes
pertinet
in
Parliamentis
Regiis
quibuscunque
ut
Pares
Regni
praedicti
personaliter
interesse
,
ibidemque
de
Regni
negotiis
&
aliis
ibi
tractari
consuetis
,
cum
caeteris
Domini
Regis
Paribus
&
aliis
ibidem
jus
interessendi
habentibus
consulere
&
tractare
,
ordinare
,
statuere
&
definire
,
ac
caetera
facere
quae
Parliamenti
tempore
ibidem
invenerint
faciend.
in
quibus
omnibus
&
singulis
nos
Willielmus
Cantuarien
.
Archiepiscopus
totius
Angliae
Primas
&
Apostolicae
sedis
Legatus
pro
nobis
nostrisque
Suffraganeis
,
Coepiscopis
&
Confratribus
,
necnon
Abbatibus
&
Prioribus
ac
Praelatis
omnibus
supradictis
protestamur
,
&
eorum
quilibet
protestatur
,
qui
per
se
vel
procuratorem
hic
fuit
modo
praesens
,
publicè
&
expressè
,
quod
intendimus
&
intendi
volumus
,
&
vult
eorum
quilibet
in
hoc
presenti
Parliamento
&
aliis
ut
Pares
Regni
praedicti
more
solito
interesse
,
consulere
,
tractare
,
ordinare
,
statuere
&
definire
,
ac
caetera
exercere
cum
caeteris
jus
interessendi
habentibus
in
iisdem
,
statu
&
ordine
nobis
&
eorum
cuilibet
in
omnibus
semper
salvis
.
Verum
quia
in
praesenti
Parliamento
agitur
de
nonnullis
materiis
in
quibus
non
licet
nobis
aut
alicui
eorum
juxta
Sacrorum
Canonum
instituta
quomodolibet
personaliter
interesse
,
ea
propter
pro
nobis
&
eorum
quolibet
protestamur
,
&
eorum
quilibet
hic
praesens
etiam
protestatur
,
quod
non
intendimus
nec
volumus
sicuti
de
jure
non
possumus
nec
debemus
,
intendit
nec
vult
aliquis
eorundem
in
praesenti
Parliamento
dum
de
hujusmodi
materiis
agitur
vel
agetur
,
quomodolibet
interesse
,
sed
nos
&
nostrum
quemlibet
in
ea
parte
penitus
absentare
;
Jure
Paritatis
nostrae
&
cujuslibet
eorum
interessendi
in
dicto
Parliamento
quoad
omnia
&
singula
inibi
exercenda
nostro
&
eorum
cujuslibet
statui
&
ordini
congruentia
in
omnibus
semper
salvo
.
Adhuc
insuper
protestamur
&
eorum
quilibet
protestatur
,
quod
propter
hujusmodi
absentiam
non
intendimus
nec
volumus
,
nec
eorum
aliquis
intendit
vel
vult
,
quod
processus
habiti
&
habendi
in
praesenti
Parliamento
super
materiis
auditis
,
in
quibus
non
possumus
nec
debemus
ut
praemittitur
interesse
,
quantum
ad
nos
&
eorum
quemlibet
attinet
,
futuris
temporibus
quomodolibet
impugnentur
,
infirmentur
seu
etiam
revocentur
.
Quelle
protestation
leu
en
plein
Parliament
al
instance
&
priere
du
dit
L'archevesque
&
les
autres
Prelates
susditz
&
inrollez
ycy
en
rol
du
Parlement
per
Commandement
du
Roy
&
assent
des
Signiors
Temporeles
&
Communes
.
This
the
adversaries
of
the
Bishops
would
have
an
Act
of
Parliament
,
for
that
at
the
prayer
of
the
Bishops
by
the
Kings
command
,
with
the
assent
of
the
Lords
Temporal
and
Commons
,
it
was
inrolled
;
for
that
all
the
formalities
that
were
used
in
these
times
,
in
passing
a
Law
,
was
only
to
have
the
matter
shortly
entred
in
the
Roll
,
or
Journal
Book
,
that
such
a
thing
was
agreed
upon
by
the
King
and
two
Houses
,
which
was
drawn
into
the
form
of
a
Law
afterwards
by
the
Justices
and
Kings
Councel
when
the
Parliament
was
risen
;
but
this
was
never
done
in
this
Protestation
,
and
therefore
we
might
say
that
it
is
not
to
be
taken
for
a
Law
.
But
we
will
admit
it
to
be
a
Law
,
yet
it
can
be
a
Law
only
for
that
Case
,
and
can
be
extended
no
further
:
Those
Bishops
protest
;
but
for
whom
?
For
themselves
only
,
their
own
persons
,
not
their
successors
;
that
by
reason
of
the
institution
of
the
Canon
they
could
not
be
present
at
certain
matters
to
be
treated
of
in
the
Parliament
.
What
those
Canons
were
they
do
not
tell
us
.
They
had
no
other
reason
but
the
Canon
to
pretend
at
that
time
.
We
hear
not
a
word
from
them
of
the
Assise
of
Clarendon
:
And
what
was
it
that
they
protested
?
Why
only
that
they
could
not
be
present
:
at
what
?
only
at
the
matters
aforesaid
mentioned
in
the
Petition
and
in
that
present
Parliament
.
But
was
this
without
any
regard
of
their
Right
?
No
,
they
saved
their
Right
,
their
Jus
Paritatis
:
pray
mark
it
:
what
then
did
they
in
effect
depart
from
?
nothing
.
They
provided
only
that
they
might
do
nothing
indecent
or
rather
against
their
good
liking
,
and
at
the
same
time
consulted
likewise
the
safety
of
their
Estate
and
Order
,
and
preservation
of
all
their
Rights
.
But
had
they
no
care
of
the
Authority
of
the
Parliament
in
their
absence
?
yes
,
for
they
very
well
knew
that
it
was
a
probable
opinion
that
nothing
acted
in
their
absence
and
during
a
recess
of
their
whole
Order
could
be
rate
and
valid
;
and
therefore
they
provide
propter
hujusmodi
absentiam
non
intendimus
nec
volumus
,
nec
eorum
aliquis
intendit
vel
vult
,
quod
processus
habiti
&
habendi
in
praesenti
Parliamento
super
materiis
auditis
,
quantum
ad
nos
&
eorum
quemlibet
attinet
,
futuris
temporibus
quomodolibet
impugnentur
,
infirmentur
seu
etiam
revocentur
.
Let
the
Impartial
Reader
Judge
whether
this
be
not
a
famous
recognition
of
the
Bishops
Right
of
sitting
,
what
a
solemn
leave
they
had
to
be
absent
,
what
provisions
made
that
the
proceedings
in
that
Parliament
should
not
be
avoided
and
made
null
by
their
absence
;
which
implies
a
great
probability
,
that
that
time
allowed
to
the
opinion
of
their
being
necessary
in
all
proceedings
in
Parliament
.
Was
there
ever
such
a
protestation
entred
on
the
behalf
of
the
Absentees
of
Temporal
Barons
?
This
leave
given
them
to
be
absent
is
an
allowance
of
Right
to
sit
.
The
proceedings
they
liked
not
and
the
Canon
was
pretended
.
Admitting
this
protestation
to
be
an
Act
of
Parliament
,
It
is
an
Act
of
Parliament
to
give
the
Bishops
leave
to
be
absent
pro
hac
vice
,
and
to
make
Laws
good
that
should
pass
in
their
absence
.
I
appeal
to
the
world
whether
there
can
be
a
more
Solemn
and
Authentick
Recognition
of
their
Right
than
this
protestation
imports
.
CHAP.
VIII
.
IT
does
appear
by
the
whole
tenor
of
this
their
protestation
,
that
the
Canons
of
the
Church
which
they
pretend
had
not
passed
into
Laws
;
if
they
had
,
what
need
of
such
a
warm
protestation
,
only
for
the
sake
of
decency
and
the
honesty
of
their
order
,
to
be
rid
of
a
troublesome
business
?
what
means
the
saving
of
their
right
,
if
by
Law
it
had
been
discharged
?
what
means
their
further
protestation
that
the
validity
of
the
proceedings
in
those
Causes
in
which
they
withdrew
,
should
not
be
impeach't
by
their
absence
,
if
their
Right
did
not
remain
entire
notwithstanding
the
Canon
?
besides
that
they
do
not
alledge
the
Law
but
the
Canons
of
the
Church
for
their
excuse
.
They
well
knew
the
nature
of
Canons
,
the
force
and
obligation
of
them
,
and
also
that
they
were
not
under
any
obligation
to
the
Canon
Law
,
that
it
was
only
a
Law
in
the
Popes
Temporal
principality
,
and
had
no
Controul
upon
the
Laws
of
this
Kingdom
.
For
the
clearing
this
question
it
will
not
be
unnecessary
here
to
speak
to
the
nature
of
Canons
,
what
they
effect
and
how
oblige
.
Canons
therefore
are
no
more
Laws
than
the
authority
of
the
Church
is
Empire
,
no
not
in
matters
that
are
proper
for
their
Canons
.
But
most
certainly
they
can
neither
make
nor
annul
a
Civil
Right
,
nor
do
they
pretend
to
alter
or
change
Governments
:
they
exceed
their
proper
bounds
when
they
intermeddle
in
any
matters
of
this
nature
.
But
when
they
do
extend
themselves
beyond
their
bounds
and
order
,
and
appoint
in
any
matter
of
a
Civil
Government
;
they
intend
only
to
counsel
and
direct
the
man
how
he
shall
behave
himself
in
the
use
of
his
Right
,
which
every
man
may
observe
if
he
please
.
Their
Subjects
are
Populus
voluntarius
,
the
Ecclesiastical
Courts
are
Courts
of
audience
in
matters
that
belong
to
their
cognisance
,
and
the
Church's
word
is
,
He
that
will
hear
let
him
hear
.
The
Canons
of
foreign
Councils
tho'
General
,
tho'
we
send
thither
our
Delegates
and
Proxies
authorized
by
publick
Instruments
,
and
by
consent
of
Parliament
,
as
has
been
sometimes
done
,
have
not
the
consideration
of
Canons
,
except
received
here
and
allowed
by
the
same
Authority
,
that
makes
the
Canons
of
our
Church
.
Canons
here
must
have
the
Royal
assent
at
least
to
make
them
Canons
,
but
with
the
Kings
assent
they
are
void
,
if
they
alter
or
meddle
with
any
Civil
Right
or
Constitution
.
If
any
man
is
proceeded
against
in
the
Ecclesiastical
Courts
for
being
contrary
in
any
thing
to
such
a
Canon
,
our
Courts
will
grant
him
a
prohibition
;
if
Excommunicate
thereupon
,
award
Writs
to
assoil
him
to
the
Bishop
,
and
seise
his
Temporalties
if
he
do
not
conform
.
Nothing
can
alter
Civil
Rights
or
Civil
Constitutions
but
Law
,
and
such
never
were
any
Canons
or
so
reputed
;
except
the
Decrees
of
Councils
confirmed
by
the
Imperial
Rescripts
of
the
Roman
Emperors
,
who
by
their
Rescripts
made
Laws
by
the
Authority
of
the
Lex
regia
,
by
which
the
people
devolved
their
Right
of
Legislation
to
the
Emperors
:
but
when
such
Canons
were
confirmed
by
the
Emperor
,
they
remained
but
Canons
still
,
the
Canons
were
to
be
exacted
by
the
measures
of
the
Church
and
by
the
Church-men
,
the
matters
of
such
Canons
did
not
employ
the
Forum
;
no
alteration
was
made
in
any
Civil
Right
,
but
the
Church
had
Authority
to
require
observance
of
them
,
under
the
Censures
of
the
Church
.
About
the
11th
.
Century
the
Pope
meditating
the
increase
of
his
new
Ecclesiastical
Empire
,
(
the
Roman
Empire
being
now
extinct
)
did
design
to
give
Laws
to
the
World
:
and
to
that
purpose
in
imitation
of
the
Imperial
Roman
Law
,
Gratian
was
appointed
to
compile
a
body
of
Laws
accomodated
to
that
design
,
out
of
the
General
Councils
,
the
sayings
of
the
Fathers
,
and
some
decrees
of
former
Popes
,
which
made
that
part
of
the
Canon
Law
which
they
call
the
Decreta
,
to
answer
to
the
Digest
which
was
made
up
of
the
Senatus
consulta
,
Responsa
prudentum
and
the
Edicta
Praetorum
;
to
which
another
Book
was
added
of
Decretals
and
Clementines
,
made
up
of
the
Popes
Decretal
Epistles
,
which
answered
to
the
Codes
and
Novels
which
was
made
up
of
the
Edicts
,
Epistles
and
Decrees
of
the
Emperors
:
For
by
the
Constitution
of
the
Senate
of
Rome
,
called
Lex
Regia
,
by
which
they
gave
the
power
of
making
Laws
to
Augustus
,
it
was
established
,
that
quicquid
per
Epistolam
statuit
,
cognoscens
decrevit
,
aut
per
edictum
propalavit
,
lex
esto
.
And
now
there
was
such
a
thing
as
a
body
of
Canon
Law
.
The
Pope
had
Power
indeed
to
make
these
Decreta
and
Decretalia
Laws
in
the
Domains
of
the
Church
and
the
patrimony
of
St.
Peter
,
in
which
he
was
a
Temporal
Prince
;
but
it
was
further
endeavoured
by
him
to
make
them
the
Laws
of
the
Christian
World
,
and
thereby
to
advance
his
pretended
Oecumencial
Empire
,
and
he
did
so
far
prevail
and
advance
in
his
design
,
that
it
was
thought
that
Rome
had
again
recovered
the
Empire
of
the
World
,
and
it
was
said
with
too
much
truth
of
her
upon
the
growth
of
the
Papal
power
,
—
Quicquid
non
possidet
armis
Religione
tenet
.
—
But
tho'
the
Pontificial
as
well
as
the
Justinian
Law
was
publickly
professed
in
England
before
the
end
of
the
12th
.
Century
,
for
Mat.
Paris
tells
us
of
a
Monk
of
Evesham
,
Anno
Dom.
1196.
that
suo
tempore
eorum
quos
Decretistas
&
Legistas
appellant
peritissimus
habebatur
,
earum
etiam
facultatum
auditores
quamplurimos
instituerat
,
and
from
that
time
the
study
of
the
Caesarean
and
Pontificial
Law
did
flourish
amongst
us
,
until
the
beginning
of
E.
3.
But
in
all
that
time
saith
Mr.
Selden
,
in
his
Fleta
,
gens
ipsa
Anglicana
ac
qui
in
judiciis
praeerant
,
morum
patriorum
(
viz.
)
Juris
Communis
Angliae
per
intervallum
illud
tenacissimi
fuere
.
A
remarkable
instance
we
have
of
this
Nations
steady
aversion
from
admitting
here
either
the
Civil
or
Canon
Law
in
the
Parliament
of
Merton
,
which
rejected
a
Bill
for
Legitimation
of
Children
born
before
marriage
in
Concubinate
,
in
these
Terms
:
Nolumus
leges
Angliae
mutari
,
meaning
that
they
would
not
make
Laws
conformable
to
the
Civil
or
Canon
Law
.
The
great
Policy
that
the
Popes
used
to
effect
their
Ambitious
design
of
making
themselves
Monarchs
of
the
Christian
World
were
:
The
assuming
to
themselves
the
entire
rule
and
Government
of
Religion
,
and
endeavouring
to
make
every
where
the
Bishops
and
the
whole
Clergy
,
together
with
the
Regulars
,
dependant
upon
them
by
pretending
them
to
be
exempt
from
all
Civil
Authority
and
Jurisdiction
:
and
by
interdicting
to
them
the
exercise
of
any
Civil
Authority
,
and
shutting
them
out
from
all
intromissions
into
the
Civil
Government
,
and
from
any
interest
or
dependance
thereupon
:
So
far
as
he
prevailed
in
these
designs
,
he
acquired
an
Imperium
in
Imperio
;
and
if
besides
these
he
could
have
fixt
a
Spiritual
handle
to
the
Temporal
Sword
,
and
have
got
the
Government
of
secular
affairs
in
ordine
ad
spiritualia
,
his
design
had
been
compleated
,
and
he
had
arrived
to
a
more
absolute
and
extensive
Empire
than
that
of
the
Roman
Caesars
.
To
these
purposes
the
Canon
Law
provided
that
the
Ecclesiasticks
were
neither
to
exercise
,
nor
be
subject
to
any
Civil
Authority
:
But
this
policy
of
the
Pope
had
no
success
in
England
,
the
endeavours
of
the
Papalins
herein
met
with
constant
opposition
:
and
at
last
they
were
made
desperate
by
the
Assise
of
Clarendon
,
where
it
was
declared
and
enacted
accordingly
agreeable
to
the
Avitae
Consuetudines
Regni
,
that
the
Bishops
should
be
retained
and
continue
to
be
a
part
of
the
Government
,
and
exercise
Jurisdiction
in
all
Causes
in
the
Kings
Court
as
other
Barons
,
as
is
before
observed
,
and
that
the
Clergy
should
stand
submitted
to
the
Jurisdiction
of
the
Kings
Courts
.
For
this
purpose
it
was
also
in
that
Parliament
enacted
as
followeth
:
Si
controversia
emerserit
inter
Laicos
vel
Laicos
&
Clericos
,
in
Curia
Domini
Regis
tractetur
&
determinetur
,
and
also
quod
clerici
rectati
&
accusati
de
quacunque
re
summoniti
à
Justitia
Regis
venient
in
Curiam
Domini
Regis
responsuri
ibidem
,
&c.
And
so
far
were
the
Bishops
and
Clergy
from
observing
that
part
of
the
Canon
Law
that
was
to
detrude
them
from
all
secular
Authority
and
Jurisdiction
,
that
they
were
from
time
to
time
Chancellors
,
Treasurers
,
Keepers
of
the
Privy
Seal
and
Judges
,
and
while
that
Ancient
Office
continued
of
Capitalis
Justiciarius
Angliae
,
to
whom
was
committed
the
Justice
of
the
Kingdom
,
(
who
were
called
Custodes
Regni
,
Vice-Domini
Angliae
,
and
sometimes
the
abstract
Justitia
,
He
did
preside
in
the
Curia
Regis
,
which
Office
was
afterwards
divided
,
for
there
were
Justitiarii
Angliae
Boreales
,
&
Justitiarii
Angliae
Australes
,
)
this
Office
was
often
executed
by
Bishops
as
you
may
see
in
Sir
Hen.
Spelmans
Glossary
,
in
the
word
Justitiarius
.
Bishops
and
Church-men
administred
the
greatest
Offices
of
State
and
Justice
:
this
was
matter
of
Envy
to
the
Temporal
Lords
,
and
they
complain'd
in
Parliament
45
E.
3.
(
as
is
before
observed
,
)
That
the
Government
of
the
Kingdom
had
been
a
long
time
in
the
hand
of
the
Clergy
.
Mr.
Selden
in
his
Fleta
tells
us
,
that
in
the
times
before
and
after
the
Assise
of
Clarendon
,
Mos
fuit
Judices
Regios
ex
genere
hieratico
,
veluti
Episcopis
,
Abbatibus
,
Decanis
,
id
genus
aliis
,
constituendi
.
And
it
is
provided
by
28
E.
1.
Cap.
3.
That
if
a
Clergy-man
was
a
Judge
of
Assise
,
another
should
be
joyned
in
Commission
with
him
to
deliver
the
Goals
;
which
was
to
the
end
that
the
Ecclesiastical
Judge
might
use
that
liberty
which
was
indulged
to
him
by
the
Assise
of
Clarendon
of
not
pronouncing
the
Sentence
;
for
it
must
be
observed
that
by
that
Statute
a
Clergy-man
might
be
a
Judge
in
a
Goal-delivery
;
for
that
a
Laick
was
by
the
provision
of
that
Statute
to
be
join'd
to
him
in
Commission
,
and
Pleas
of
the
Crown
are
to
be
found
,
purporting
them
to
be
held
before
two
Judges
,
whereof
one
a
Clerk
,
after
this
Law
,
which
could
not
possibly
have
been
if
the
Clerk
had
not
been
in
Commission
.
Besides
for
after
Ages
it
is
well
known
that
all
the
great
Officers
and
Ministers
of
State
and
Justice
have
been
always
intrusted
with
the
conservancy
of
the
peace
,
are
in
Commissions
of
the
peace
,
and
Commissioners
of
Oyer
and
Terminer
,
for
judging
capital
Causes
;
so
that
the
constant
practice
in
all
times
,
as
well
as
the
express
declaration
of
the
Assise
of
Clarendon
doth
assure
us
that
the
Canon
Law
that
prohibits
Clergy-men
being
Judges
in
capital
Causes
,
was
never
received
here
or
became
the
common
Law
of
England
.
Besides
what
regard
our
Clergy
had
of
the
Canon
Law
,
what
opinion
they
had
of
the
Right
in
question
,
and
how
far
the
Laws
did
intend
to
prohibit
the
exercise
of
it
;
And
that
such
right
was
used
and
exercised
,
will
appear
by
the
Canon
of
Toledo
,
Concil.
Toletan
.
11.
Cap.
6.
fo.
553.
and
the
Canon
of
Lanfrank
,
Spelmans
Concil.
2
vol.
fol.
11.
these
were
made
before
the
Assise
of
Clarendon
.
That
of
Toledo
is
this
.
His
à
quibus
Domini
Sacramenta
tractanda
sunt
,
judicium
sanguinis
agitare
non
licet
,
&
ideo
magnopere
talium
excessibus
prohibendum
est
,
ne
qui
praesumptionis
motibus
agitati
aut
quod
morte
plectendum
est
,
sententia
propria
judicandi
mant
,
aut
truncationes
quaslibet
membrorum
quibuslibet
personis
,
aut
per
se
inferant
aut
inferendas
precipiant
.
This
being
a
Foreign
Council
,
this
Canon
carries
not
with
it
the
Authority
of
a
Canon
with
us
;
only
we
may
observe
,
whatever
the
Opinion
of
that
Council
was
that
it
was
not
convenient
(
for
licet
can
have
no
ocher
sence
here
)
for
Clergy-men
agitare
judicium
Sanguinis
:
Yet
this
Canon
prohibits
only
the
pronouncing
the
Sentence
by
themselves
or
others
.
I
am
sure
,
that
by
a
positive
Law
,
as
this
Canon
must
be
,
so
far
as
it
participates
of
the
nature
of
a
Law
,
nothing
becomes
unlawful
,
but
what
is
forbidden
,
whatever
the
reason
be
of
that
Prohibition
.
That
of
Lanfrank
follows
thus
;
Vt
nullus
Episcopus
,
vel
Abbas
,
seu
quilibet
ex
Clero
hominem
occidendum
,
vel
membris
truncandam
judicet
,
vel
judicantibus
suae
authoritatis
favorem
accomodet
.
This
may
be
a
Canon
for
all
that
I
know
;
but
I
suspect
,
it
had
never
the
Royal
Assent
to
make
it
so
,
it
not
being
likely
,
that
the
Conqueror
would
discharge
the
Bishops
from
those
Services
of
the
Crown
,
which
he
had
so
lately
obliged
them
to
,
by
his
tenure
;
but
surely
it
was
never
intended
by
this
Canon
,
that
the
Prelates
,
and
great
Abbots
should
,
or
that
they
did
depart
from
their
Royal
Franchises
,
and
not
make
their
Officers
for
administring
Justice
according
to
their
Authorities
in
their
Charters
of
Liberties
and
Priviledges
:
For
the
words
of
the
Canon
,
Vel
judicantibus
tuae
authoritatis
favorem
accomodet
;
if
they
signifie
any
thing
more
than
what
weallow
must
sound
to
that
purpose
.
But
I
suppose
the
Gentlemen
that
appear'd
against
the
Bishops
,
had
rather
than
affirm
so
against
the
known
practice
of
all
Ages
,
be
content
to
agree
,
that
this
Canon
did
only
intend
to
prohibit
their
pronouncing
,
or
encouraging
,
or
promoting
the
Sentence
of
Death
,
or
Mutilation
;
and
indeed
this
was
all
that
truly
could
be
pretended
to
,
from
them
,
in
comporting
themselves
decently
with
respect
(
as
the
Opinion
of
those
times
was
)
to
their
Function
:
which
is
expressed
to
be
the
Inducement
to
that
Canon
of
Toledo
,
as
it
was
the
only
avowed
Reason
of
all
others
,
that
is
,
that
it
did
not
become
(
as
they
thought
)
those
that
administred
the
Sacraments
,
which
were
the
Seals
of
God's
Pardon
,
to
pronounce
an
exterminating
Sentence
of
Life
and
Member
,
though
they
might
have
a
farther
Secret
purpose
therein
,
of
carrying
on
the
Design
of
a
Church-Sovereignty
,
by
imbodying
the
Clergy
,
and
dividing
them
from
all
Secular
Dependencies
;
but
this
was
nor
always
to
be
owned
;
neither
is
it
an
agreable
Employment
to
any
person
who
pretends
himself
a
Protestant
,
to
urge
these
ill-designing
Canons
,
as
a
pretence
to
divest
the
Bishops
of
those
their
Legal
Rights
which
were
so
prejudicial
to
the
high
Growth
of
the
Papal
Power
,
upon
any
pretence
whatsoever
;
or
to
go
about
to
deprave
the
Reformation
,
as
if
the
true
Christian
Religion
would
not
allow
to
the
Bishops
,
Honors
and
Trusts
as
great
as
they
now
enjoy
by
the
Constitution
of
the
Government
,
who
are
the
Chief
Ministers
of
it
:
which
is
a
Religion
that
makes
men
wise
and
good
,
the
Religion
of
the
State
,
and
is
the
greatest
Support
of
it
,
and
reciprocally
this
Religion
it self
,
is
honored
,
assisted
,
and
greatly
advantaged
,
for
obtaining
its
ends
by
those
Honors
,
and
the
place
at
present
appointed
to
them
in
the
Government
.
But
it
is
deplorable
to
find
any
man
so
madly
set
upon
so
bad
a
Design
,
that
he
should
be
thereby
transported
from
Common
Sence
,
and
think
to
displace
them
,
and
degrade
them
by
Popish
Canons
,
that
when
they
were
made
,
did
not
oblige
,
were
never
observed
,
and
can
no
more
bind
our
present
Church
to
observe
them
,
than
the
Fathers
of
Toledo
,
or
Lanfrank
,
and
his
Suffragans
and
Clerks
,
can
be
blam'd
for
not
being
agreable
to
the
Canons
that
have
been
made
since
the
Reformation
,
or
hereafter
shall
be
made
by
our
Church
,
in
any
after
Age
of
the
World
.
But
there
are
two
Canons
yet
behind
,
which
have
been
mentioned
in
this
Controversie
,
which
we
will
likewise
take
notice
of
;
or
we
shall
have
said
nothing
;
though
I
almost
despair
,
that
any
thing
will
be
a
Satisfaction
to
such
Opposers
as
this
Right
hath
met
withall
.
The
first
whereof
was
made
by
Richard
,
Archbishop
of
Canterbury
,
Anno
Domini
1175.
in
21
H.
2.
about
Eleven
Years
after
the
Assize
of
Clarendon
,
in
these
Words
,
as
Hoveden
,
p.
310.
ac
Gervase
Dorob
.
relates
them
,
His
qui
in
sacris
Ordinibus
constituti
sunt
judicium
sanguinis
agitare
non
licet
;
unde
prohibemus
ne
aut
per
se
membrorum
truncationes
faciant
,
aut
inferendas
judicent
:
quod
si
quis
tale
fecerit
concessi
Ordinis
privetur
officio
&
loco
;
inhibemus
etiam
sub
interminatione
Anathematis
,
ne
quis
Sacerdos
habeat
Vicecomitum
,
aut
praepositi
secularis
officium
.
The
other
was
made
Anno
1222
,
about
47
years
after
the
first
,
which
is
to
be
found
in
Linwood
,
p.
146.
among
the
Constitutions
of
Stephen
,
Arch-bishop
of
Canterbury
,
as
follows
,
Praesenti
Decreto
statuimus
ne
Clerici
beneficiati
aut
in
sacris
ordinibus
constituti
villarum
procuratores
admittantur
,
viz.
ut
sint
Seneschalli
aut
Ballivi
talium
administrationum
;
occasione
quarum
laicis
in
reddendis
ratiociniis
obligentur
:
veljurisdictiones
exerceant
seculares
,
presertim
illas
quibus
sanguinis
judicium
in
locis
sacris
tractetur
,
in
Ecclesia
,
viz.
aut
in
Coemiterio
.
Authoritate
quoque
Concilii
districtiùs
inhibemus
ne
quis
Clericus
beneficiatus
vel
in
Sacris
Ordinibus
constitutus
literas
pro
poena
sanguinis
infligenda
scribere
vel
dictare
presumat
,
vel
ubi
judicium
sanguinis
tractatur
vel
exercetur
intersit
.
Noverint
enim
hujusmodi
se
Ecclesiastica
indignos
protectione
cum
per
eos
in
Ecclesia
Dei
per
talia
presumpta
scandalum
generetur
.
Upon
both
these
Canons
,
we
observe
,
first
,
that
the
Pope's
Canon-Law
had
not
obtained
in
England
:
For
then
there
had
been
no
need
of
these
Canons
;
or
however
their
Denunciations
and
Censures
would
have
been
the
same
:
That
the
Inhibition
is
repeated
by
a
Second
Council
,
but
in
milder
Terms
,
signifies
to
me
the
Continuance
of
the
thing
prohibited
;
and
that
it
was
so
much
in
use
after
the
first
Canon
,
that
the
second
Council
thought
fit
rather
to
direct
and
admonish
by
their
Canon
,
than
to
pronounce
either
Anathema's
,
or
Privation
against
those
that
break
that
Canon
.
Secondly
,
That
neither
of
these
Canons
extend
to
Bishops
;
not
the
first
,
not
only
for
that
I
question
whether
Bishops
can
be
intended
in
such
general
words
,
In
Sacris
Ordinibus
constituti
:
But
because
the
Denunciation
of
the
Canon
cannot
have
effect
as
to
them
,
no
Ecclesiastical
Authority
can
depose
a
Metropolitan
;
and
also
because
the
Second
cannot
,
by
any
Construction
extend
to
them
;
for
Clerici
beneficiali
,
does
not
mean
them
;
and
that
which
comes
after
,
aut
in
Sacris
Ordinibus
constituti
,
cannot
ascend
in
meaning
,
and
intend
the
Bishops
,
especially
in
a
Canon
Law
,
which
we
must
suppose
penn'd
with
special
Care
and
Observance
,
of
Decency
and
Reverence
to
that
Order
.
Now
,
to
consider
them
apart
,
I
find
the
first
agreable
to
,
and
to
prohibit
no
more
than
what
the
Bishops
(
if
here
meant
)
are
licenced
and
priviledged
from
in
the
Assize
of
Clarendon
:
And
to
intend
more
,
is
unreasonable
,
when
it
was
made
in
time
so
near
to
Thomas
of
Becket
,
that
his
Fate
could
not
be
forgotten
.
And
farther
,
we
must
distinguish
between
the
Preamble
,
which
contains
the
Reason
and
Inducement
of
a
Law
,
and
what
is
for
that
reason
prohibited
;
For
let
the
Reason
be
as
large
as
it
will
,
yet
the
Law
is
no
other
than
what
is
enjoyned
.
Reason
makes
no
Law
,
but
the
Legislators
for
Reasons
which
they
may
tell
us
if
they
please
;
though
the
Nature
of
Canons
requires
,
that
they
should
.
The
Preamble
of
this
Canon
,
was
an
opinion
taken
up
amongst
some
of
the
Clergy
,
viz
,
Non
licet
his
,
qui
in
sacris
ordinibus
constituti
judicium
sanguinis
agitare
unde
:
(
saith
the
Canon
)
Prolibemus
ne
aut
per
se
membrorum
truncationes
faciant
,
(
a
very
fitting
Employment
for
a
Bishop
)
aut
inferendas
judicent
;
and
after
all
this
,
we
have
still
our
old
Answer
,
upon
which
we
will
ever
insist
;
it
is
but
a
Canon
,
and
can
make
no
Alteration
in
the
Rights
of
Government
.
For
tho'
Gervasius
Dorob
.
tells
us
,
In
hoc
Concilio
,
ad
emendationem
Anglicanae
Ecclesiae
assensu
Domini
Regis
,
&
primorum
omnium
Regni
haec
subscripta
promulgata
sunt
Capitula
;
yet
the
Canons
of
this
Council
are
not
Laws
:
For
that
our
Historian
does
not
tell
us
of
any
Parliament
then
held
,
or
that
they
were
confirmed
in
Parliament
,
and
the
good
liking
of
Great
Men
out
of
Parliament
,
will
not
confirm
;
nay
,
not
justifie
the
Canons
,
if
they
cannot
justifie
themselves
in
Parliament
.
Besides
,
that
these
Canons
were
not
made
into
Laws
,
we
will
offer
two
Reasons
.
1st
.
For
that
amongst
these
Canons
,
there
is
one
that
disposeth
of
the
Right
of
Patronage
against
the
Law
,
as
it
hath
been
before
and
since
taken
;
and
that
is
this
,
Nulli
liceat
Ecclesiam
nomine
dotalitii
ad
aliquem
transferre
,
vel
pro
presentatatione
alicui
personae
pecuniam
vel
aliquod
emolumentum
pacto
interveniente
recipere
:
quod
si
quis
fecerit
&
in
jure
convictus
vel
confessus
fuerit
ipsum
tam
Regia
,
quam
nostra
freti
autoritate
patricinio
ejusdem
Ecclesiae
in
perpetuum
privari
statuimus
;
which
was
never
,
most
certainly
Law
.
Secondly
,
If
this
had
been
a
Law
,
the
other
Canon
before-mentioned
,
made
by
Stephen
,
Arch-bishop
of
Canterbury
,
was
idle
;
nay
,
presumptuous
,
for
offering
to
derogate
from
a
Canon
,
made
a
Law
about
47
years
before
:
But
however
,
Canons
confirmed
by
Law
,
remain
but
Canons
still
;
and
the
Breach
of
them
not
punished
as
the
Breach
of
Laws
,
nor
no
Innovation
made
thereby
,
upon
a
civil
Right
;
of
which
before
and
after
more
.
As
to
the
Second
Canon
,
we
observe
how
dutiful
this
Canon
in
the
Stile
of
it
behaves
it
self
towards
the
Civil
Government
,
in
that
Clerks
should
not
exercise
Jurisdiction
where
Judgment
of
Blood
is
to
be
given
,
under
the
soft
word
Statuimus
,
that
they
should
not
Literas
pro
poena
sanguinis
infligenda
scribere
,
that
is
,
sign
an
Order
for
the
Execution
of
a
Condemned
Man
,
or
be
present
at
the
Sentence
,
is
under
the
districtiùs
inhibemus
;
but
the
doing
of
this
,
is
not
declared
to
be
a
Sin
;
he
that
is
contravenient
to
the
Canon
,
is
not
thereby
to
become
irregular
to
be
punished
by
his
Superior
,
or
to
incurr
Excommunication
,
or
any
Censure
,
the
Clergy
are
not
declared
by
this
Canon
to
be
incompetent
Judges
:
it
only
declares
them
unworthy
of
the
Protection
of
the
Church
;
the
meaning
of
it
is
,
Judge
not
least
ye
be
judged
:
If
you
judge
the
Laicks
,
they
will
judge
you
.
This
is
the
Scandal
for
which
the
Privilegium
Clericale
will
be
lost
;
So
that
upon
the
whole
matter
this
Canon
is
but
Advice
and
Counsel
,
and
offers
reasons
to
the
Choice
and
Approbation
,
rather
than
a
Command
,
under
the
Authority
of
the
Church
in
a
Council
.
But
let
it
be
what
it
will
,
if
the
Canon
had
been
most
peremptory
in
its
Prohibition
,
and
had
lighten'd
and
thunder'd
in
its
Denunciatiations
,
it
would
have
been
of
no
force
to
alter
the
Government
,
or
discharge
a
Judge
from
doing
his
Duty
;
but
this
is
farther
to
be
duely
observed
,
that
this
Canon
could
not
be
broken
if
the
Law
had
not
been
otherwise
than
these
Canons
direct
;
and
therefore
these
Canons
produced
by
our
Adversaries
,
are
the
greatest
Testimonies
to
the
Right
we
defend
,
and
a
practice
agreeable
thereto
.
Doth
not
the
Canon
suppose
,
that
a
Beneficed
Clerk
,
or
one
in
Holy
Orders
,
was
sometimes
in
Commission
for
judging
in
Capital
Causes
?
For
certainly
the
Canon
did
not
prohibit
them
to
murder
,
or
enjoyn
them
not
to
write
Letters
to
subborn
men
to
kill
.
What
can
be
the
meaning
of
the
Canon
but
this
,
supposing
a
Beneficed
Clerk
to
be
made
a
Judge
of
Life
and
Death
,
to
assist
in
a
Commission
of
Oyer
&
Terminer
,
or
Goal-delivery
,
that
he
should
be
enjoyned
not
to
pronounce
the
Sentence
,
or
to
sign
the
Order
or
Calendar
for
Execution
.
But
if
he
were
not
a
Judge
,
how
possibly
could
he
sign
an
Order
for
Execution
?
By
the
other
words
of
the
Canon
,
Nec
intersit
ubi
judicium
sanguinis
tractatur
;
he
can
be
forbidden
onely
to
be
present
and
assisting
as
a
Judge
or
Officer
at
the
pronouncing
of
Sentence
:
for
it
can
be
no
fault
sure
,
nor
ever
was
intended
by
any
Canon
to
be
made
one
,
for
any
Clerk
to
hear
a
Court
pronounce
a
Judgment
of
Death
or
Mutilation
,
or
to
see
a
Malefactor
executed
.
What
therefore
can
be
more
evident
,
than
that
the
Bishops
did
withdraw
,
not
for
want
of
Right
of
Session
,
but
they
pretended
the
Canon
because
they
did
not
like
the
Causes
?
But
further
,
that
nothing
more
than
what
we
have
shewed
was
understood
to
be
done
in
that
Protestation
,
by
those
times
(
they
must
be
allowed
at
least
to
know
their
own
Opinions
)
doth
appear
;
for
that
notwithstanding
the
Protestation
of
the
Bishops
aforementioned
,
the
great
Council
of
the
Kingdom
did
not
think
the
Authority
of
a
Parliament
when
the
Bishops
were
absent
unquestionable
.
This
Opinion
we
do
not
go
about
to
maintain
,
but
this
we
conclude
,
that
there
could
never
have
been
such
an
Opinion
,
if
the
Bishops
had
been
denied
Right
of
Session
in
Capital
Causes
in
that
time
.
CHAP.
IX
.
THE
Commons
of
England
in
the
21
R.
2
pray
,
that
the
Bishops
might
make
their
Proxy
;
which
they
did
thrice
in
that
Parliament
,
once
by
Procuratory
Letters
to
Sir
Thomas
Percy
,
as
is
before
recited
;
and
afterwards
William
la
Scroop
Earl
of
Wilts
was
made
their
Procurator
;
and
a
third
time
the
Earls
of
Worcester
and
Wilts
were
made
their
Procurators
,
in
the
matter
between
the
two
Dukes
of
Hereford
and
Norfolk
.
That
it
may
the
better
appear
,
that
the
Bishops
were
virtually
present
by
their
Proxy
,
it
ought
to
appear
that
they
were
allowed
to
make
Proxies
,
and
that
the
Lords
Spiritual
did
so
as
well
as
the
Temporal
Lords
.
The
first
mention
of
Proxies
that
occurs
in
the
memory
of
our
Parliaments
is
in
the
Parliament
of
Carlisle
under
E.
1.
and
that
is
of
the
Bishops
Proxies
.
The
words
are
these
;
Quia
omnes
Praelati
tunc
plenariè
non
venerunt
receptis
quibusdam
procurationibus
Praelator
.
qui
venire
non
poterant
adjornantur
.
And
in
a
Parliament
held
at
Westminster
,
under
Ed.
2.
dors.
clauso
Ed.
2.
m.
11.
the
Bishops
of
Durham
and
Carlisle
remaining
upon
the
Defence
of
the
Marches
of
Scotland
,
are
severally
commanded
to
stay
there
,
and
in
the
Writ
this
Clause
was
added
to
both
of
them
,
Sed
Procurat
.
vestrum
sufficienter
instructum
,
ad
dictum
diem
&
locum
,
mittatis
ad
consentiendum
his
quae
tunc
ibidem
praedictos
Praelatos
&
Proceres
contigerit
ordinari
.
Though
generally
Proxies
were
admitted
to
both
Spiritual
and
Temporal
Lords
,
yet
when
the
business
of
the
Parliament
was
extraordinary
,
the
Writs
of
Summons
both
to
the
Prelates
and
Barons
had
a
Premonition
,
that
a
Proxy
should
not
be
allowed
,
unless
they
could
not
possibly
be
present
,
dors.
claus.
6
E.
3.
m.
36.
claus.
1
R.
2.
m.
37.
2
R.
2.
m.
29.
Nor
was
it
unusual
with
the
Prelates
to
make
such
their
Procurators
,
who
were
no
Members
of
that
House
.
In
that
Parliament
of
Carlisle
under
E.
1.
the
Bishop
of
Exeter
sends
to
the
Parliament
Henry
de
Pinkney
Parson
of
Haughton
as
his
Proxy
.
The
Bishop
of
Bath
and
Wells
sends
William
of
Charleton
a
Canon
of
his
Church
.
In
the
Parliament
17
R.
2.
the
Bishop
of
Norwich
made
Michael
Cergeaux
Dean
of
the
Arches
and
others
his
Procurators
.
In
the
same
year
the
Bishop
of
Durham
his
Proxies
are
John
of
Burton
Canon
of
Beudly
and
others
.
In
the
Statute
of
Praemunire
16
R.
2.
cap.
5.
it
is
said
,
that
the
advice
of
the
Lords
Spiritual
being
present
,
and
of
the
Procurators
of
them
that
were
absent
was
demanded
.
This
making
of
others
then
Barons
of
Parliament
Proxies
,
is
not
without
President
likewise
in
the
case
of
Temporal
Lords
.
Lit.
Procurator
.
Parl.
4
H.
5.
Thomas
de
la
War
gave
his
Procuratory
Letters
to
John
Frank
and
Richard
Hulme
Clerks
.
So
that
it
appears
,
that
by
the
Law
of
Parliament
the
Proxies
of
the
Bishops
in
the
21th
.
of
R.
2.
were
legal
Proxies
;
and
consequently
the
Bishops
there
virtually
.
Besides
that
,
the
lawfulness
thereof
doth
appear
,
for
that
it
was
required
of
them
by
the
Parliament
,
that
they
should
make
their
Proxies
,
and
be
present
by
their
Procurators
,
for
this
reason
,
lest
otherwise
the
Proceedings
in
that
Parliament
should
be
void
.
CHAP.
X.
IT
is
true
that
the
Parliament
21
R.
2.
was
wholly
repealed
by
1
H.
4.
but
that
was
for
a
good
reason
indeed
,
because
that
Parliament
of
21
R.
2.
had
delegated
their
whole
power
to
a
few
of
their
number
,
who
finally
without
any
resort
back
to
the
House
made
and
past
Laws
.
But
did
ever
any
man
before
the
Octavo
argue
at
this
rate
,
that
because
there
is
one
error
in
a
case
for
which
the
Judgment
is
reversed
,
that
therefore
there
was
nothing
in
the
case
legal
and
well
considered
.
And
therefore
how
unreasonable
and
false
this
way
of
arguing
is
,
and
that
it
is
disputing
against
fact
,
we
shall
further
shew
and
prove
.
For
a
probable
Opinion
still
continued
of
the
necessity
of
the
Bishops
sitting
,
which
implies
a
clear
Recognition
of
a
Right
;
for
in
the
2
H.
5
the
Earl
of
Salisbury
petitioned
the
House
to
reverse
a
Judgment
given
against
the
Earl
his
Father
,
Anno
2
H.
4.
the
Error
assigned
was
the
Absence
of
the
Spiritual
Lords
.
The
Case
was
much
debated
,
but
the
Judgment
affirmed
as
we
allow
it
ought
to
be
,
but
we
produce
it
as
an
irrefragable
Testimony
of
the
Bishops
Right
to
sit
:
for
if
that
had
not
been
allowed
,
there
could
not
have
been
the
least
colour
in
the
case
,
nor
matter
of
debate
.
CHHP.
XI
.
BUt
tho'
the
Actual
Exercise
of
the
Bishops
Right
in
their
own
Persons
(
though
whatsoever
is
done
by
a
Deputy
,
is
done
in
the
Right
of
him
that
makes
the
Deputation
,
as
every
body
knows
)
was
for
some
time
discontinued
(
tho'
their
Right
in
that
time
was
most
solemnly
owned
and
recognized
)
yet
in
28
H.
6.
we
find
them
re-continuing
the
Exercise
of
that
Right
and
Authority
,
and
in
their
own
Persons
sitting
in
Judgment
,
upon
William
de
la
Pool
,
Duke
of
Suffolk
,
who
was
impeach'd
of
Treason
by
the
Commons
,
for
that
he
had
sold
the
Realm
to
the
French
King
,
and
had
fortified
Wallingford
Castle
for
a
place
of
Refuge
.
The
Impeachment
of
High
Treason
was
brought
from
the
House
of
Commons
,
by
several
Lords
Spiritual
and
Temporal
,
sent
thither
by
the
King's
Command
;
the
Ninth
of
March
,
the
Duke
was
brought
from
the
Tower
,
into
the
Presence
of
the
King
,
the
Lords
Spiritual
and
Temporal
:
The
Impeachment
was
read
unto
him
.
The
Thirteenth
of
March
,
he
was
sent
for
,
to
come
before
the
King
,
the
Lords
Spiritual
and
Temporal
,
to
answer
to
his
Charge
,
which
he
did
.
On
Tuesday
,
the
Seventeenth
of
March
,
the
King
sent
for
all
the
Lords
Spiritual
and
Temporal
,
who
were
in
Town
:
They
are
named
,
two
Arch-Bishops
,
and
thirteen
Bishops
,
besides
the
Temporal
Lords
,
who
being
assembled
,
the
King
sent
for
the
Duke
.
There
was
no
Judgment
given
by
the
Parliament
,
but
he
submitted
to
the
King
,
and
the
King
gave
him
Penance
;
which
was
,
that
he
should
be
absent
for
Five
Years
out
of
England
.
The
Lords
Spiritual
and
Temporal
,
by
Viscount
Beaumont
,
declared
to
the
King
,
that
this
that
was
so
decreed
,
and
done
against
the
Person
of
the
Duke
,
proceeded
not
by
their
Advice
and
Council
,
with
this
Protestation
,
that
it
should
not
be
,
nor
turn
in
Prejudice
,
nor
Derogation
of
them
,
their
Heirs
,
ne
,
of
their
Successors
in
time
coming
;
but
that
they
may
have
and
enjoy
their
Liberty
and
Freedom
,
as
largely
as
ever
their
Ancestors
,
or
Predecessors
had
and
enjoyed
before
this
time
.
Observe
here
,
that
the
Lords
Spiritual
were
present
at
every
Motion
of
this
Cause
.
This
Cause
was
thrice
before
them
,
no
Exception
taken
to
the
Bishops
being
Judges
.
They
could
not
sit
by
Permission
,
without
Right
;
if
the
Bishops
had
no
Right
to
sit
,
the
Proceedings
had
been
certainly
erroneous
:
For
though
one
Judge's
Absence
(
if
there
be
a
Quorum
)
will
not
vacate
a
Judgment
;
yet
if
one
sit
in
Judgment
,
that
is
not
an
Authorized
Judge
,
the
Proceeding
is
certainly
erroneous
and
void
.
Can
any
man
believe
,
that
the
Government
should
lose
it self
?
forget
it
s
own
Establishments
in
the
highest
concerns
?
We
may
as
soon
believe
that
a
man
may
forget
his
own
name
.
One
positive
Act
of
Session
signifies
more
than
100
Omissions
;
for
if
it
had
not
been
well
understood
,
that
the
Bishops
had
a
Right
to
sit
in
Judgment
in
Capital
Causes
in
Parliament
,
they
could
never
have
been
admitted
;
they
would
never
have
presumed
to
endeavour
it
.
But
with
false
Logick
and
absurd
Reasonings
,
and
dislike
to
the
Order
,
it
is
become
an
Opinion
in
this
Age
,
because
sometimes
the
Bishops
absented
,
that
they
have
no
Right
.
But
we
have
one
thing
further
to
add
,
that
declares
an
inherent
Right
in
the
Lords
Spiritual
to
the
Authority
in
question
;
and
that
is
an
Opinion
of
the
Judges
10
E.
4.
35.
which
says
,
that
the
Lords
Spiritual
in
case
of
a
Tryal
of
a
Temporal
Peer
in
Parliament
shall
make
a
Procurator
;
for
then
it
seems
an
Opinion
was
received
,
(
which
was
error
temporis
)
That
it
was
indecent
for
Bishops
to
sit
in
their
own
persons
in
Judgment
in
such
cases
.
But
they
themselves
are
best
Judges
of
what
is
indecent
and
unbecoming
their
Order
;
for
no
man
is
obliged
to
any
man
but
himself
,
in
the
matters
of
Decency
,
and
the
measures
that
make
things
decent
or
indecent
is
very
mutable
,
as
changable
and
mutable
as
Customs
,
Fashions
,
and
Opinions
.
Besides
that
,
there
is
nothing
that
is
very
valuable
,
and
is
of
great
concernment
,
but
can
and
ought
to
set
aside
and
supersede
the
consideration
of
Decency
.
CHAP.
XII
.
BUT
to
complete
our
Evidence
,
I
will
add
the
consideration
of
what
remains
unquestionably
the
Right
of
the
Lords
Spiritual
,
which
seems
to
me
to
be
in
parity
of
Reason
with
the
Right
now
in
Pretense
,
and
that
is
their
Right
to
be
authoritatively
present
and
assisting
at
passing
Bills
of
Attainder
,
which
the
Bishops
always
exercised
as
the
Folio
saith
,
though
he
will
not
think
it
allowable
from
thence
to
infer
,
that
they
have
rightful
Authority
when
that
House
doth
proceed
judicially
to
Condemnation
.
But
I
desire
to
be
informed
what
difference
there
is
between
condemning
a
man
by
Act
of
Parliament
,
and
by
Judgment
in
Parliament
.
If
the
death
of
the
man
be
onely
considered
,
it
is
as
much
against
the
Canon
to
condemn
the
man
one
way
or
the
other
.
It
's
causa
&
judicium
sanguinis
,
and
death
follows
.
Nay
,
to
condemn
a
man
by
Bill
of
Attainder
is
more
against
the
reason
of
the
Canon
,
than
the
condemning
a
man
judicially
;
for
the
condemning
a
man
judicially
is
ex
officio
Judicis
,
but
a
Bill
of
Attainder
is
an
extraordinary
use
of
the
Legislative
Power
to
a
purpose
,
which
was
not
designed
in
the
Institution
.
Such
an
Act
is
not
ex
officio
Legislatoris
,
but
the
using
of
the
Absolute
Power
of
the
Sovereignty
upon
Reasons
of
State
.
Here
one
would
think
if
the
Canon
had
any
consideration
,
any
obligation
,
it
should
restrain
the
Bishops
from
meddling
in
such
Legislations
.
Privilegia
ne
irrogunto
was
one
of
the
Laws
of
the
twelve
Tables
.
But
(
if
I
do
rightly
understand
)
the
reason
why
Bishops
did
more
frequently
,
and
without
pretence
of
scruple
or
objecting
the
Canon
,
assist
in
the
Bills
of
Attainder
,
was
for
this
reason
,
That
the
weightiness
of
the
Affair
,
the
high
nature
of
the
Proceeding
,
the
extraordinary
use
of
the
Legislative
Power
,
which
can
be
warranted
onely
by
extraordinary
Reasons
,
required
their
Presence
,
and
put
that
little
pretence
of
the
Canon
out
of
countenance
,
it
could
not
with
any
faith
to
the
Government
be
then
so
much
as
mentioned
for
an
Excuse
by
the
Bishops
.
And
this
I
will
say
,
that
the
Canon
hath
no
more
right
of
restraining
the
Bishops
in
Judicial
Proceedings
,
than
in
the
Proceedings
upon
Bill
of
Attainder
.
That
it
hath
not
done
so
is
confessed
in
this
,
and
therefore
it
did
not
de
jure
do
so
in
the
other
.
The
Folio
Author
hath
found
out
a
very
extraordinary
Reason
why
Bishops
are
necessary
to
Acts
of
Attainder
,
(
but
this
he
saith
must
not
be
drawn
into
an
Argument
for
the
Bishops
Right
of
Judging
)
and
that
is
,
because
Rights
,
Titles
,
and
Interests
,
are
made
forfeit
by
Acts
of
Attainder
,
which
were
not
forfeitable
at
Common
Law
;
and
for
the
doing
of
this
it
i●
necessary
there
should
be
a
concurrence
of
the
three
Estates
to
bind
all
Rights
.
This
Argument
supposeth
,
that
private
Acts
of
Attainder
did
not
always
conform
themselves
in
the
matter
of
Forfeitures
to
the
severity
of
the
Common
Law
,
or
general
Statute
Law
:
which
is
a
mistake
;
for
before
the
Statutes
of
26
H.
8.
c.
13.
&
33
H.
8.
c.
20.
private
Acts
of
Attainder
made
no
Forfeitures
,
but
what
the
Common
Law
made
;
and
since
the
Statutes
of
26
H.
8.
c.
13.
&
33
H.
8.
c.
20.
the
private
Attainders
by
Parliament
have
not
exceeded
those
appointed
by
that
Statute
,
but
have
often
times
gone
less
.
And
therefore
the
Bishops
were
not
present
for
the
reason
of
making
Forfeitures
larger
,
and
of
more
things
than
the
Law
at
the
time
being
made
forfeitable
,
but
of
common
duty
,
especially
in
all
these
matters
of
an
extraordinary
nature
or
difficulty
,
to
assist
as
Judges
and
Councellours
in
that
House
.
And
to
this
that
I
now
say
,
all
the
Acts
of
Parliament
of
private
Attainders
that
I
have
seen
,
and
they
are
not
a
few
,
are
agreeable
.
I
believe
what
he
hath
said
in
this
matter
is
not
grounded
upon
any
observation
,
but
he
was
willing
to
find
out
a
Reason
for
what
he
had
undertaken
to
prove
,
and
to
offer
it
without
trying
of
its
truth
.
Besides
,
whatever
can
be
a
Law
,
can
be
a
Law
without
them
,
and
if
they
are
absent
.
CHAP.
XIII
.
BUT
I
must
take
notice
that
we
have
proved
beyond
what
is
necessary
,
to
maintain
the
Lords
Spiritual
their
pretence
of
Right
to
judge
of
the
Earl
of
Danby's
Pardon
,
which
is
the
present
case
,
and
gives
the
occasion
of
this
Dispute
.
And
here
I
desire
the
Reader
to
remember
and
observe
,
what
was
heretofore
done
by
the
Bishops
in
case
of
Heresie
The
Bishop
in
his
Consistory
convicted
a
Heretick
,
and
did
never
imagine
he
incurr'd
the
Canon
pretended
,
(
though
the
delivery
over
to
the
Secular
Arm
,
and
burning
of
the
Convict
if
he
did
not
recant
,
was
intended
assuredly
to
follow
)
because
he
did
not
award
the
Execution
,
and
give
the
final
killing
Sentence
.
How
then
can
the
Canon
(
if
it
was
a
Law
as
it
is
not
,
nor
obligeth
any
man
but
he
that
will
be
obliged
)
lay
any
restraint
upon
the
Bishops
in
judging
of
the
Earl
of
Danby's
Pardon
.
For
if
they
dislallow
his
Pardon
,
and
reject
his
Plea
,
he
is
not
to
be
therefore
condemned
,
(
though
perhaps
his
Condemnation
may
follow
,
as
burning
doth
the
Conviction
of
a
Heretick
;
)
but
he
is
not
ipso
facto
,
and
merely
by
rejecting
his
Plea
of
Pardon
,
condemned
.
For
observe
,
I
pray
,
no
man
is
condemned
,
or
cast
in
any
Suit
,
because
he
doth
not
make
a
good
Defence
,
but
upon
the
sufficiency
of
the
matter
whereupon
he
is
charged
.
Besides
,
that
it
is
not
without
Precedent
,
that
a
man
hath
been
tried
after
a
Pardon
pleaded
and
disallowed
.
This
every
Lawyer
knows
to
be
so
,
that
if
a
Plea
is
pleaded
to
any
Declaration
,
upon
which
the
Plaintiff
demurs
,
if
the
Plea
be
ruled
a
bad
Plea
,
the
Defendent
hath
liberty
to
take
exception
to
the
insufficiency
of
the
Declaration
.
So
that
Judgment
is
finally
and
truly
given
upon
the
Declaration
and
Charge
,
because
there
is
a
good
cause
of
Action
,
and
not
because
the
Defendent
hath
made
a
bad
Plea
.
So
that
the
Bishops
may
judge
in
their
own
persons
of
the
validity
of
Pardons
,
without
being
contravenient
to
the
Reason
of
the
Canon
so
much
talked
of
is
evident
;
for
that
the
Judgment
upon
the
Pardon
is
not
the
final
and
killing
Judgment
.
The
Folio
hath
furnished
us
with
an
Authority
for
the
same
,
out
of
an
ancient
Manuscript
Chronicle
in
libro
Mailrosso
he
calls
it
,
wherein
he
saith
,
the
Prelates
are
said
to
have
given
their
Opinion
in
21
R.
2.
for
the
revocation
of
certain
Pardons
of
the
Duke
of
Gloucester
,
Earls
of
Arundel
and
Warwick
,
which
were
granted
in
11
R.
2.
and
in
the
Parliament
of
21
R.
2.
repealed
.
And
though
the
Chronicle
said
,
some
blamed
the
Bishops
,
and
thought
that
they
had
incurred
thereby
Irregularity
.
That
doth
not
at
all
prejudice
our
Right
,
nor
abate
the
force
of
the
Testimony
,
that
this
matter
of
fact
gives
to
it
.
We
reserved
it
to
this
place
to
add
,
that
as
the
intention
of
the
Assize
of
Clarendon
was
,
to
set
bounds
to
the
Encroachment
of
the
Papal
Power
,
and
in
this
matter
to
declare
,
how
far
the
Bishops
might
if
they
pleased
observe
the
Canon
Law
,
or
rather
themselves
,
and
what
was
thought
then
decent
to
their
Order
.
So
according
to
the
Print
in
Gervasius
,
and
therein
he
differs
from
Matth.
Paris
)
it
is
,
Quousque
judicio
perveniatur
ad
mutilationem
membrorum
vel
mortem
;
which
further
clears
the
meaning
of
that
Law
to
be
,
that
the
Bishops
were
thereby
excused
not
altogether
from
Capital
Causes
,
but
onely
when
it
was
proceeded
so
far
in
such
like
Cause
,
that
Judgment
was
to
be
pronounced
,
which
when
the
Bishops
had
nothing
to
gainsay
,
they
might
depart
,
and
leave
Sentence
to
be
pronounced
by
the
House
.
But
we
cannot
after
all
this
allow
the
Author
of
the
Folio
,
to
have
so
little
sense
,
as
with
a
good
conscience
to
say
,
that
he
who
cannot
perhaps
by
reason
of
his
circumstance
,
and
some
consideration
of
Indecency
,
execute
a
thing
in
his
own
person
,
therefore
cannot
do
it
by
another
,
no
more
than
he
can
authorise
one
man
to
murther
another
.
Thus
he
saith
fol.
20.
when
surely
this
Gentleman
cannot
think
it
as
fit
for
a
Judge
to
be
a
Hang-man
,
as
to
sign
a
Kalendar
for
the
Execution
of
the
Condemned
Prisoners
.
But
the
Octavo
is
somewhat
surprizing
in
this
matter
:
For
he
doth
affirm
,
That
it
is
not
lawful
for
Bishops
to
vote
in
any
Question
preliminary
and
preparatory
to
the
Sentence
of
Condemnation
,
when
such
Sentence
follows
,
and
the
matter
preliminary
is
necessary
to
the
Process
.
This
he
proves
by
a
Logick
Rule
,
Causa
Causae
,
est
Causa
Causati
;
one
of
Sthalius
his
Axioms
,
hath
turn'd
round
the
Head
of
this
Gentleman
.
I
find
few
men
can
bear
Axioms
,
Maxims
,
and
Sentences
.
There
are
none
speak
so
much
unnatural
Non-sence
,
as
they
that
use
them
most
.
May
not
several
men
,
I
pray
,
do
several
parts
of
an
affair
;
and
yet
he
that
doth
the
first
part
,
is
no
ways
the
Cause
of
what
another
man
doth
in
the
second
and
third
place
?
Is
the
acting
the
first
part
of
the
Play
,
the
cause
of
acting
the
last
;
Or
,
is
the
laying
the
Foundation
,
the
Cause
that
lays
on
the
Roof
?
Is
the
Jury
the
Cause
of
any
more
than
their
Verdict
?
And
doth
not
the
Court
give
Judgment
by
their
own
Authority
and
Causality
?
If
men
would
speak
by
Nature
,
and
according
to
first
Notions
,
and
were
not
so
full
of
second
Notions
,
and
Universals
,
we
should
not
have
so
many
Errors
,
Mistakes
,
and
Confounding
Opinions
in
the
Work
.
But
this
we
complain
of
as
too
severe
in
the
Octavo
;
that
when
he
had
confounded
us
with
his
Causa
Causae
,
&
Causati
,
he
would
render
us
ridiculous
with
a
Story
of
a
Friar
,
out
of
Chaucer
,
That
would
of
a
Capon
,
the
Liver
,
of
a
Pig
,
the
Head
;
But
would
,
that
nothing
for
him
should
be
dead
.
This
indeed
was
a
fine
piece
of
Wit
in
the
Poet
;
but
translated
hither
by
our
Author
,
is
an
insipid
piece
of
Malice
.
His
Design
sure
in
this
,
was
,
to
enter
the
Bishops
amongst
Chaucer's
Friars
;
and
then
the
Learned
Readers
of
Chaucer
,
would
be
very
conceited
upon
them
;
and
apply
all
his
pleasant
Satyrs
against
the
Friars
,
to
the
Bishops
.
But
for
the
farther
Evidence
of
the
Bishops
Baronage
,
and
their
Jus
paritatis
,
it
would
not
be
impertinent
here
,
to
add
,
That
the
Names
of
Barons
,
Peers
,
Seniors
,
Grants
,
have
been
attributed
to
the
Lords
Spiritual
,
in
all
times
,
in
Authentick
Histories
and
Records
.
Forasmuch
as
a
Nominal
Argument
,
is
not
a
very
inartificial
Topick
in
such
a
Cause
as
this
.
Besides
,
that
this
will
destroy
the
very
strength
of
our
Adversaries
;
which
lies
in
this
,
that
they
will
not
allow
Prelates
to
be
comprehended
in
the
Name
of
Peers
,
Grants
,
and
Barons
.
And
that
where
the
Records
doth
not
expresly
mention
Prelates
,
they
will
conclude
,
they
were
not
meant
or
intended
to
be
present
:
But
the
Collection
which
was
made
for
this
purpose
,
shall
not
trouble
the
Reader
,
because
in
two
Books
since
Printed
,
in
Defence
of
the
Bishops
Right
in
question
,
this
is
abundantly
performed
.
Besides
,
that
it
is
a
very
precarious
Conclusion
,
that
our
Adversaries
make
,
and
without
argument
:
For
they
ground
themselves
herein
,
upon
a
most
unreasonable
Postulatum
,
viz.
That
Titles
do
not
belong
to
persons
for
whom
they
were
made
;
and
to
whose
Character
they
agree
;
and
that
Words
do
not
design
the
things
which
they
were
made
and
imposed
to
signifie
.
CHAP.
XIV
.
NOw
we
shall
proceed
to
perform
a
necessary
piece
of
Justice
to
the
Prelates
,
as
well
as
a
Right
to
the
Government
,
to
recover
its
true
Constitution
,
from
the
Prejudice
of
Modern
Ignorance
,
to
declare
and
manifest
,
that
our
Gvernment
doth
consist
of
three
States
,
the
Lords
Spiritual
,
and
Temporal
,
and
Commons
of
England
.
These
do
make
the
Great
Council
of
the
Kingdom
,
and
minister
to
the
King
,
Council
and
Auxiliaries
;
over
which
the
King
doth
preside
as
the
Great
Superintendent
,
and
mover
of
this
mighty
Machin
.
The
consequence
of
which
is
,
that
the
Bishops
cannot
be
detruded
from
that
place
they
bear
in
the
Constitution
of
the
Government
,
for
that
no
Government
can
be
legally
or
by
any
lawful
power
changed
,
but
must
remain
for
ever
once
established
.
And
it
cannot
be
no
less
than
Treason
of
State
to
attempt
a
change
,
no
Authority
in
the
world
is
competent
to
make
any
alteration
.
The
Princes
of
Christendom
,
after
they
took
to
themselves
the
Election
of
Bishops
,
which
is
a
natural
right
of
the
Sovereign
Power
,
become
Christian
,
they
soon
observed
the
advantage
that
they
might
make
by
advancing
them
to
the
greatest
Secular
Dignities
,
Governments
,
and
Trusts
;
and
did
accordingly
advance
them
to
an
equality
,
if
not
to
a
superiority
,
to
the
highest
of
the
Secular
Nobility
;
gave
them
Dutchies
,
Marquisates
,
Baronies
,
and
rich
Endowments
,
and
erected
that
Order
into
a
successive
Nobility
.
Another
sort
of
Nobility
from
that
of
the
Lay
Princes
,
concluding
that
they
should
be
better
served
by
men
of
their
own
choice
and
approved
worthiness
,
(
who
had
also
other
advantages
over
the
People
,
than
those
that
the
Temporal
Princes
and
Lords
had
,
by
that
Reverence
they
paid
to
their
Bishops
,
and
the
Authority
and
Power
that
they
had
over
them
in
the
virtue
of
Religion
)
than
by
the
Hereditary
Princes
and
Nobility
,
who
did
not
always
answer
to
the
virtue
of
the
original
Ancestors
,
and
the
first
stock
.
Besides
that
,
Religious
Kings
and
Sovereign
Princes
did
by
advancing
Bishops
intend
to
do
great
advantages
and
honour
to
Religion
;
but
withall
they
did
not
divide
the
Bishops
thus
advanced
,
from
the
Secular
Princes
and
Noblemen
in
Councils
,
for
then
they
had
lost
their
design
.
The
Bishops
could
not
have
had
any
direct
influence
upon
the
Councils
of
the
Nobles
and
Secular
Princes
,
nor
have
tempered
their
Debates
with
an
excellent
Charity
and
firm
Loyalty
,
and
other
Vertues
which
belong
to
their
Character
.
It
would
have
made
trouble
,
distraction
,
and
impediment
in
the
Affairs
of
Princes
,
and
emulation
and
strife
and
faction
between
the
Ecclesiastical
and
Secular
Orders
and
several
mischiefs
and
great
inconveniencies
would
have
ensued
,
if
they
had
been
divided
and
separated
in
several
Colleges
,
and
had
had
in
consequence
thereof
a
Negative
upon
each
other
,
as
they
then
of
necessity
must
.
But
by
uniting
both
Orders
into
one
Council
and
Assembly
,
distractions
in
Councils
and
impediments
to
the
Affairs
of
Princes
are
avoided
.
And
we
are
assured
of
a
more
wise
,
as
well
as
an
unanimous
and
more
authoritative
Result
in
all
Councils
and
Debates
;
which
if
the
Octavo
had
duly
considered
,
he
would
not
have
depraved
and
disparaged
this
wise
Constitution
,
by
comparing
it
to
a
nest
of
Boxes
.
They
were
therefore
for
these
great
Reasons
,
both
Spiritual
and
Secular
Lords
,
united
in
the
great
Councils
of
Kingdoms
,
and
these
two
Orders
of
Nobles
Spiritual
and
Secular
,
became
the
two
States
,
which
together
with
the
Representatives
of
the
People
the
third
State
,
made
the
Parliaments
Diets
and
Convention
of
State
,
under
which
Names
the
great
Assembly
which
we
call
a
Parliament
,
in
the
several
Sovereignties
of
Christian
Europe
hath
respectively
passed
.
This
hath
been
observed
by
the
most
learned
Onuphrius
:
Postquam
verò
juris
imperii
facta
est
eorundem
Praelat
.
electio
,
quemadmodum
&
ceteri
Principes
seculares
Imperii
,
tum
Caesares
qui
de
Religione
bene
merere
volebant
,
sine
Imperii
tamen
praejudicio
coeperunt
Episc.
&
Abbates
,
ob
Religionem
tanquam
potiora
Imperii
membra
,
prae
caeteris
Laicis
Principibus
honorare
,
profana
ditione
&
ingentibus
opibus
honestare
,
Arces
,
Oppida
,
Vrbes
,
Marchias
,
Ducatus
,
Provincias
,
Pedagia
,
Telonia
,
Vectigalia
,
Portaria
,
&
multa
alia
quae
Imperii
propria
erant
,
Episcopatibus
concedere
,
quae
vel
ex
suis
propriis
bonis
quae
ad
Imperium
pertinebant
,
vel
ex
alienis
feudis
erant
.
Nam
Laicis
Principibus
sine
legitimo
haerede
mortuis
,
eorum
Provincias
,
quae
beneficiario
jure
ad
Imperium
pertinebant
,
non
aliis
ampliûs
Laicis
Regulis
,
sed
Episcopis
concedebat
;
atque
hac
ratione
omnes
Episcopatus
&
Abbatias
Italiae
,
Galliarum
,
&
Germaniae
,
imò
totius
Orbis
Latini
,
&
denique
ipsum
Pontificem
Romanum
,
ex
pauperibus
ditissimos
maximos
Principes
fecerunt
,
&
ex
eis
scilicet
quibus
,
quae
antea
Imperii
juris
erant
,
in
nulla
re
propterea
Imperialia
jura
minui
existimantes
;
quippe
quod
certi
essent
eos
omnes
Praelatos
a
se
designandos
fore
,
&
non
nisi
jussu
suo
,
&
voluntate
Sacerdotia
ipsa
obtenturos
.
Nicholaus
Cusanus
,
lib.
3.
de
Concordia
Catholica
cap.
27.
attributes
this
Policy
to
Otho
Secundus
,
who
saith
he
,
Vnico
gaudens
filio
&
multis
regnis
,
cogitans
difficile
fore
absque
maximo
labore
,
tot
regna
in
pace
aliquamdiu
servari
posse
,
insequens
vestiga
Avi
sui
Henrici
Primi
,
&
Ottonis
Patris
,
suum
cogitatum
ad
res
ecclesiasticas
appulit
,
considerans
multa
jam
Religiosis
locis
per
praesentes
Reges
donata
,
summa
pace
gaudere
,
quia
verecundum
erat
Deo
dicatis
vim
inferre
animo
ponderavit
Ordinationem
factam
Synodo
Romanae
Ecclesiae
,
de
qua
63.
Dist.
In
Synodo
.
Per
quam
perpetua
dabatur
potestas
Imperatoribus
,
&
Romanum
Pontificem
,
&
Cunctos
sub
Imperio
Episcopos
investiendi
,
vel
saltem
eorum
consensum
semper
concurrere
debere
celebrata
Canonica
Electione
,
ut
63.
Distinct
.
NOS
SANCTORVM
.
Vnde
hoc
ponderans
credidit
,
perpetuis
temporibus
Imperio
subjectis
pacem
dare
posse
,
si
temporalia
Dominia
,
tam
Romanae
Ecclesiae
,
quam
aliis
adjungerentur
,
cum
certi
Servitii
observatione
,
tunc
enim
cultus
Divinus
augmentaretur
,
&
Religionem
in
magnam
Reverentiam
exaltandam
credidit
quando
sanctissimi
magnae
potentiae
aliis
Principibus
intermiscerentur
:
non
posse
tunc
quosque
voluntate
in
peccatis
,
uti
nulla
publica
sperabat
unquam
peccata
Captorum
&
depopulatorum
,
agrorum
,
&
communem
pacem
turbantium
,
incendiariorum
;
&
consimilium
posse
nutriri
Ecclesiasticâ
Sacrâ
potestate
potenti
&
valenti
resistente
:
etiam
praedones
,
&
pauperum
oppressores
,
qui
particulari
regimini
praeessent
,
sic
corrigi
posse
affirmabat
,
ut
sic
absque
Tyrannica
Oppressione
populus
in
Libertate
vivere
posset
.
Imperio
etiam
tranquillissimo
non
dubitabat
hanc
Ordinationem
esse
utilissimam
,
quando
per
annua
servitia
,
&
praestimonias
quilibet
Ecclesiae
juxta
quantitatem
temporalium
indictas
Status
Imperialis
manu
teneretur
,
ac
etiam
multo
major
Imperii
Potentia
,
ex
hoc
appareret
quod
illis
omninibus
Dominiis
ita
Ecclesiis
traditis
,
nullus
nisi
per
Imperium
,
&
absque
Successione
percipi
posset
.
Who
is
desirous
of
more
to
this
purpose
,
may
see
Sigonius
,
de
Regno
Italiae
.
Bishops
were
made
Dukes
and
Counts
in
France
,
and
also
Peers
in
France
;
and
about
this
time
,
out
of
the
Princes
,
Dukes
and
Counts
,
the
number
of
12
were
selected
by
the
Kings
of
France
,
and
erected
into
the
Title
of
the
12
Peers
of
France
:
by
which
Dignity
,
they
became
the
Chief
Councellors
,
and
Directors
of
State
.
These
twelve
being
chosen
,
besides
their
being
Peers
in
matters
of
Judgment
,
in
the
Old
Parliaments
,
were
Peers
also
in
the
management
of
the
whole
Kingdom
;
and
while
their
Greatness
held
,
were
therein
so
Powerful
,
that
they
added
a
Taste
of
Aristocracy
to
that
great
Monarchy
(
not
disagreable
to
the
Title
that
our
Peers
assumed
of
being
Pares
Regis
,
and
having
a
Power
,
Fraenum
imponere
Regi
,
as
Bracton
tells
us
;
but
he
and
his
Law
both
are
antiquated
.
Of
these
,
six
were
Lay
,
and
six
were
Ecclesiastical
;
but
the
Dignity
of
Pair
,
is
supposed
in
these
Bishops
,
not
as
they
are
Bishops
;
but
as
being
Dukes
and
Counts
also
;
that
is
,
in
the
first
three
,
viz.
Rhemes
,
Laon
,
Langres
,
as
Dukes
,
and
of
Beavois
,
Chalous
,
and
Noyons
,
as
Counts
.
These
twelve
Peers
of
France
had
such
a
Power
towards
the
Ancient
Kings
of
France
,
as
the
Ephori
of
Sparta
,
and
the
Justiciaries
of
Arragon
had
towards
their
Kings
.
They
were
obliged
to
exercise
that
Power
with
Care
,
and
they
did
exert
it
towards
their
Kings
.
What
they
did
agreable
to
the
Power
assigned
them
in
the
Government
,
was
lawful
and
just
;
nay
,
their
bounden
Duty
.
But
certainly
,
the
Exercise
of
these
Powers
was
against
no
Command
of
God
:
For
God
makes
no
Government
;
nor
obligeth
us
to
obey
any
,
but
what
are
made
by
Men
:
The
Government
it self
is
its
own
Measure
.
It
's
no
Objection
against
the
Lawfulness
of
any
Government
,
that
it
's
inconvenient
,
if
they
like
it
notwithstanding
,
whose
Government
it
is
.
But
this
Constitution
was
of
advantage
to
Royal
Families
,
in
that
it
made
a
kind
of
Entail
of
the
Crown
upon
their
Families
,
and
preserved
the
Monarchy
and
its
Descent
:
And
besides
,
had
this
farther
Conveniency
,
that
it
was
under
them
impossible
for
a
Nation
,
or
Kingdom
to
be
undone
in
a
trice
for
a
Caprice
of
the
Prince
,
or
destroyed
to
make
a
Fortune
for
some
Up-start
.
For
the
Sake
of
Mankind
,
it
is
to
be
earnestly
desired
and
prayed
,
that
such
as
they
who
derive
no
Honour
from
their
Ancestors
,
may
leave
none
to
their
Children
,
that
themselves
may
survive
their
Honors
,
and
leave
nothing
of
their
Fortunes
to
their
Children
,
but
what
they
themselves
could
deserve
,
viz.
Hate
and
Infamy
.
All
Usurpation
and
Encroachment
of
Power
is
to
be
opposed
where
it
can
be
lawfully
,
as
the
greatest
Mischief
,
and
the
Ministers
to
the
Designs
hated
and
detested
as
the
most
pernicious
and
loathsome
Vermine
.
CHHP.
XV.
BUt
to
return
,
agreable
to
this
Policy
of
Sovereign
Princes
,
who
had
the
Donation
of
Bishopricks
,
of
advancing
Bishops
to
the
highest
secular
Dignities
and
Trust
.
William
the
Conqueror
did
create
Bishops
into
Barons
,
and
exacted
the
Services
and
Counsells
of
Barons
in
the
Great
Council
of
the
Kingdom
,
by
putting
their
Lands
under
Tenure
by
Barony
:
he
gave
them
no
new
Endowments
;
but
as
a
Conqueror
,
he
confirmed
their
Ancient
Possessions
,
under
a
new
reserv'd
Tenure
,
and
annex'd
to
their
Order
,
a
Secular
Honor
,
a
successive
Baronage
.
Since
the
Conquerour
the
title
of
Baron
took
the
place
of
that
of
Thane
,
which
was
likewise
a
Feudal
Honour
in
the
Saxons
time
.
By
William
the
Conquerour
Baronies
were
feudal
,
and
in
congruity
to
the
State
of
the
Lay
Nobles
he
made
the
Bishops
feudal
Barons
,
for
there
was
no
other
than
feudal
Nobility
at
that
time
.
It
will
not
be
amiss
,
nor
time
mispent
,
here
to
give
a
short
account
of
the
Government
in
the
Conquerours
time
,
of
the
Baronage
by
him
introduced
,
and
the
policy
thereof
,
and
of
the
change
made
in
the
Baronage
of
England
in
after
time
.
Because
from
thence
we
must
derive
the
Bishops
Right
now
in
question
,
which
is
included
and
virtually
contained
in
their
Right
of
Baronage
.
Hereby
it
will
appear
,
that
the
Bishops
were
of
the
Barones
majores
,
and
of
the
Barones
majores
the
first
in
Dignity
,
that
they
became
feudal
Barons
in
the
Conquerour's
time
,
and
when
the
reason
of
our
Baronage
changed
,
and
no
man
continued
a
Baron
ratione
tenurae
,
it
cannot
with
reason
be
said
,
that
the
Bishops
are
Barons
onely
for
the
sake
of
their
Lands
,
which
our
Adversaries
do
insist
upon
,
for
that
they
think
it
is
an
abatement
to
the
Honour
of
Peerage
,
and
a
prejudice
to
their
Right
in
question
:
but
because
it
has
been
said
before
by
men
of
Authority
in
the
Law
,
and
grown
up
to
be
a
vulgar
error
,
we
will
now
discharge
the
mistake
,
by
affixing
here
the
History
and
Reason
of
the
change
.
It
was
the
policy
of
the
first
William
,
(
for
some
are
so
critical
they
will
not
call
him
Conquerour
)
to
create
new
Tenures
upon
all
the
great
Possessions
of
the
Realm
,
and
impose
upon
the
principal
men
to
hold
their
Lands
of
him
in
capite
,
under
such
Services
that
were
necessary
in
peace
and
war
for
State
and
Justice
,
and
by
putting
all
the
considerable
men
of
the
Realm
under
Oaths
of
Fealty
incident
to
those
Tenures
,
besides
the
Oaths
of
Allegeance
,
he
provided
for
the
establishment
of
his
Conquest
,
or
his
possession
of
the
Crown
without
title
.
The
principal
men
of
the
Realm
,
both
Ecclesiastical
and
Lay
,
hereby
were
not
onely
obliged
to
support
,
but
to
become
part
of
the
Government
,
and
were
obliged
to
be
Ministers
of
Justice
,
and
also
Members
of
the
great
Council
of
the
Kingdom
or
Parliament
,
which
was
now
to
be
made
up
principally
of
his
Dependents
;
by
which
he
changed
the
constitution
of
the
great
Council
in
the
Saxons
times
,
&
in
the
balance
of
that
equal
sort
of
Government
,
the
consequent
mischiefs
whereof
this
Kingdom
laboured
under
,
untill
we
recovered
it
again
by
an
equal
representative
of
the
Commons
in
Parliament
,
in
the
time
of
King
Henry
the
Third
.
The
power
of
the
Baronage
proved
equally
oppressive
to
the
people
,
and
came
in
that
time
to
be
reduced
irreverent
to
the
Crown
.
By
this
policy
the
Conquerour
intended
to
establish
his
Conquest
,
to
secure
to
himself
,
and
his
posterity
,
the
Imperial
Crown
of
England
,
imagining
,
that
otherwise
he
should
have
been
but
a
precarious
King
.
He
had
now
turn'd
the
Kingdom
upon
the
matter
,
into
one
great
Mannor
,
and
kept
his
Courts
,
called
,
the
Curia
Regis
,
in
the
nature
of
a
Sovereign
Court
Baron
;
now
become
more
frequented
and
solemn
,
than
that
Court
was
before
the
Conquest
,
thrice
in
every
Year
,
at
stated
Times
,
and
Places
,
viz.
at
Easter
,
at
Winchester
,
at
Whitsuntide
,
at
Westminster
,
and
at
Christmas
,
at
Gloucester
:
at
these
times
and
places
,
all
his
Tenants
,
which
were
all
the
considerable
Free-holders
of
England
,
attended
of
course
;
and
upon
a
General
Summons
at
any
other
time
or
place
appointed
by
the
King
,
as
his
Affairs
did
require
,
they
were
bound
likewise
to
attend
.
In
these
Courts
the
Suitors
swore
Fealty
,
did
renew
and
confirm
their
Obligations
to
the
Crown
,
and
the
King
became
more
assured
of
their
Allegiance
,
by
their
Personal
Attendance
,
and
by
his
Royal
Entertainments
of
them
at
such
times
.
In
these
Courts
they
recognized
their
own
Services
,
and
the
Rights
of
the
King
,
their
Lord
,
and
assessed
Aids
and
Estuage
,
Prestations
due
to
the
Crown
,
by
their
Tenures
upon
themselves
,
to
which
in
general
they
were
obliged
by
their
Tenures
.
In
these
Conventions
the
Right
of
the
Suitors
,
the
King's
Tenants
were
adjudged
,
as
Private
Lords
had
Judgment
of
the
Right
of
Lands
,
in
pretence
held
of
them
in
Fee
,
in
their
several
Manors
,
as
they
have
to
this
day
.
But
if
Right
was
not
done
by
the
Lord
,
the
Cause
was
to
be
removed
to
this
Curia
Regis
,
the
King
being
Lord
Paramount
,
of
whom
all
Estates
,
mediately
,
or
immediately
were
held
:
Which
appears
by
the
Form
of
the
Writ
of
Right
now
in
use
,
which
we
will
transcribe
,
N.
B.
precipimus
tibi
quod
sine
dilatione
plenum
Rectum
teneas
A.
de
B.
de
uno
Messuagio
L.
in
I
,
quae
clamat
tenere
de
te
per
liberum
Servitium
unius
denarii
per
annum
pro
omni
servitio
,
quod
W.
de
T.
ei
deforciat
;
&
nisi
feceris
Vicecomes
faciatne
amplius
inde
Clamorem
audiamus
pro
defectu
Recti
.
The
Common
Pleas
was
not
then
a
Court
,
and
at
this
time
the
Appeal
and
resort
to
the
King
,
was
in
this
Court
,
if
Justice
was
not
done
by
the
Lord
or
Sheriff
.
So
that
the
greatest
part
of
the
Justice
of
the
Nation
was
administred
in
those
Assemblies
.
But
it
must
not
be
understood
,
that
this
vast
Convention
was
a
Court
of
Judicature
for
every
Cause
;
neither
,
that
it
was
formally
a
Parliament
,
without
some
farther
Act
of
the
King
,
for
erecting
that
Convention
into
the
great
Council
of
the
Nation
.
But
in
this
Curia
Regis
,
they
were
obliged
to
answer
the
King's
Writs
of
Summons
,
Writs
of
Commission
,
and
obey
his
Appointments
in
the
Ordinary
Administration
of
Justice
,
in
which
the
Capitalis
Justiciarius
,
or
Justitia
was
to
preside
.
That
this
was
not
a
Judicature
,
the
vast
numbers
of
those
that
made
it
,
the
inequality
of
the
Persons
considered
under
the
Common
Reason
of
being
Tenants
in
Capite
,
and
Barons
,
whereby
they
became
indifferently
members
of
the
Curia
Regis
,
besides
the
neglect
that
must
necessarily
be
presumed
in
the
greatest
part
of
such
a
Body
,
to
the
business
of
Jurisdiction
and
judging
of
Rights
,
without
particular
Designation
thereto
,
do
sufficiently
argue
and
evince
.
But
as
many
of
them
as
were
most
proper
to
judge
,
or
assist
in
the
Judgment
,
as
the
Case
did
require
,
were
appointed
by
the
King
,
or
his
Capitalis
Justiciarius
.
And
that
it
was
so
in
Fact
,
appears
by
that
Famous
Cause
,
wherein
Arch-bishop
Lanfranck
,
recovered
against
Odo
,
Bishop
of
Baieux
,
Earl
of
Kent
.
Eadmerus
Hist.
Nov.
l.
1.
f.
9.
tells
us
,
That
there
was
Principum
Conventus
,
an
Assembly
of
Barons
at
Pinneden
in
Kent
;
and
that
the
Kings
Precept
was
,
Rex
quatenus
adunatis
primoribus
&
probis
viris
,
non
solum
de
Comitatu
Cantiae
,
sed
de
aliis
Comitatibus
Angliae
,
Querele
Lanfranci
in
medium
ducerentur
,
examinarentur
,
&
determinarentur
;
disposito
itaque
(
saith
he
)
principum
Conventus
apud
Pinneden
,
Gaufridus
Episcopus
Constantiensis
,
vir
ea
tempestate
praedives
in
Anglia
Vice
Regis
(
for
Odo
,
Bishop
of
Baieux
,
one
of
the
Litigants
,
was
at
that
time
the
Justiciarius
Angliae
)
justitiam
de
suis
querelis
strenuissimè
,
jussus
,
fecit
;
where
we
see
Godfrey
,
at
the
King's
Precept
,
took
so
many
Barons
of
that
Country
,
or
of
any
other
,
where
any
of
the
Lands
lay
as
Assistants
to
him
:
For
our
Historian
saith
,
that
Lanfranck
,
(
though
Godfred
pronounced
the
Judgment
)
did
recover
judicio
Baronum
qui
placita
tenuerunt
.
The
probi
homines
were
such
,
by
whom
the
truth
of
the
matter
might
be
better
understood
,
and
did
probably
enquire
of
it
,
who
did
accord
and
agree
the
Judgment
to
be
right
.
Lanfranc
did
recover
ex
communi
omnium
astipulatione
&
judicio
,
as
our
Historian
also
informs
us
.
I
might
cite
many
more
Records
of
the
Method
of
the
Administration
of
Justice
in
this
Curia
Regis
;
but
I
should
be
too
long
in
this
matter
,
not
being
strictly
necessary
to
the
Question
in
hand
,
though
the
understanding
of
the
Nature
of
this
Court
,
and
the
Constitution
of
the
Government
at
this
time
,
will
many
ways
inserve
to
the
clearing
the
Right
thereof
.
In
this
Court
Peers
were
tryed
,
all
Pleas
of
the
Crown
heard
;
and
whatever
is
now
the
Business
of
the
Courts
of
Common
Pleas
and
Exchequer
,
was
dispatch'd
in
this
Curia
Regis
.
Here
Fines
were
levyed
,
as
appears
by
a
Record
furnished
to
us
,
by
Sir
Hen.
Spelman
,
in
his
Gloss
.
f.
279.
the
word
Fines
.
There
men
famous
for
their
Skill
in
the
Law
,
did
attend
,
and
by
this
Judicature
,
some
place
was
assigned
them
,
where
they
were
to
hear
such
Causes
as
were
referred
and
sent
down
to
them
and
it
is
very
possible
,
that
Fines
may
be
levyed
,
i.
e.
Concord
made
of
the
thing
in
pretence
,
that
was
referred
to
them
;
and
it
may
be
true
,
that
in
a
Charter
of
a
Grant
of
Conusance
of
Causes
,
Words
may
be
conteined
for
excluding
the
Intromissions
of
the
Justices
of
the
one
Bench
,
and
the
other
:
For
such
Charters
never
want
words
.
These
matters
are
produced
by
Sir
Edward
Coke
,
in
his
Preface
to
the
Eighth
Report
,
to
prove
that
the
Common
Pleas
was
a
Court
before
the
Magna
Charta
of
King
John
;
for
that
these
matters
are
in
time
before
that
Charter
;
but
these
Justices
were
no
other
than
Ministers
to
the
Curia
Regis
:
They
were
not
such
Justices
as
now
make
that
Court
,
all
Common
Pleas
being
now
appropriated
to
their
Judicature
:
For
the
Writs
,
before
that
Charter
,
were
returnable
,
coram
me
,
vel
Justitia
mea
,
Glanvil
.
l.
1.
cap
6.
but
after
that
Charter
,
they
were
returnable
,
coram
Justiciariis
meis
apud
Westmonasterium
.
Bracton
.
l.
2.
cap.
32.
But
before
this
,
all
Common
Pleas
were
adjudged
in
the
Curia
Regis
,
and
that
Court
did
send
down
the
Cause
to
such
as
did
attend
that
Court
,
to
receive
its
References
.
By
Magna
Charta
,
cap.
11.
it
was
provided
,
Communia
placita
non
sequantur
Curiam
nostram
,
sed
teneantur
in
aliquo
certo
loco
:
And
now
Writs
were
made
returnable
there
,
the
Common
Pleas
were
taken
out
of
the
Jurisdiction
of
the
Curia
Regis
,
one
Judicature
was
appointed
for
all
Causes
between
the
Subjects
,
and
one
place
of
Attendance
for
Litigants
.
By
this
Provision
,
Justice
was
administred
without
Noise
and
Tumult
;
the
Administration
of
it
committed
to
men
of
Skill
;
and
to
such
who
might
be
answerable
for
their
Judgments
,
and
from
whom
it
might
be
appealed
.
But
after
Magna
Charta
,
made
by
King
John
,
and
confirmed
by
H.
3
,
9.
the
Authority
continued
of
the
Justitia
,
or
capitalis
Justiciarius
:
to
him
was
the
resort
for
Writs
,
from
whence
all
Judicial
Authority
was
still
derived
:
He
did
direct
and
bound
the
Justice
of
the
Court
of
Common
Pleas
,
by
such
Formula's
as
were
allowed
in
the
Curia
Regis
,
where
the
Chancellor
,
and
his
Colledge
of
Clerks
did
attend
for
the
forming
of
Writs
,
according
to
the
nature
of
the
Complaint
,
with
the
Allowance
of
that
Court
;
but
the
Authority
of
this
Court
ceasing
,
and
the
Office
of
this
great
Justiciary
,
about
the
end
of
H.
3.
we
find
in
the
Statutes
of
Glouc.
6
E.
1.
c.
7.
Laws
for
a
Writ
of
Entry
to
be
granted
to
the
Reversioner
,
where
Tenant
in
Dower
,
Aliens
in
Fee
,
though
her
Alienation
was
a
Forfeiture
of
that
Estate
at
Common
Law
:
But
it
seems
there
had
been
no
such
Writ
yet
formed
;
and
the
Chancellor
had
no
such
Power
of
forming
a
new
Writ
.
That
Statute
provides
,
that
in
that
Case
,
there
shall
be
a
Writ
of
Entry
thereof
made
in
Chancery
,
which
is
called
,
A
Writ
of
Entry
in
casu
proviso
.
And
for
that
Power
might
not
be
wanting
in
the
Chancellor
to
issue
out
new
Writs
where
no
Writs
before
formed
were
fitted
to
the
Case
;
So
that
Writs
in
Cases
of
like
reason
had
been
granted
;
by
W.
2.
cap.
24.
it
was
provided
,
quotiescunque
evenerit
in
Cancellaria
quod
in
uno
casu
reperitur
Breve
,
&
in
consimili
casu
cadente
simili
indigente
remedio
concordent
Clerici
de
Cancellaria
in
Brevi
faciendo
.
Whereas
in
the
full
Authority
of
the
Court
of
the
Curia
Regis
,
no
Right
could
have
failed
of
a
Remedy
:
For
Jura
sunt
matres
Actionum
.
But
Derivative
Authorities
,
are
always
stricti
Juris
;
no
Rights
are
now
remediable
,
but
where
they
are
in
a
Parity
of
Reason
,
or
Analogy
with
such
Rights
as
had
received
relief
in
the
time
of
that
Great
and
Original
Judicature
.
So
inconvenient
are
those
Reformations
,
that
reform
by
pulling
down
:
Want
of
Authority
to
do
Right
,
is
a
greater
Fault
in
Government
,
than
the
allowance
of
a
Power
that
may
be
abused
to
Wrong
and
Oppression
:
But
this
is
the
true
reason
why
we
have
so
many
Causes
irremediable
at
Common
Law
,
petitioning
for
relief
at
this
day
in
our
Court
of
Chancery
;
though
,
if
the
Statute
of
Westm.
2.
before-mentioned
,
were
well
improved
,
the
Defects
of
our
Law
would
not
be
so
shameful
and
notorious
.
By
what
hath
been
said
,
it
appears
,
that
the
Common
Pleas
was
not
an
Original
Court
,
or
a
Court
of
ordinary
Jurisdiction
in
the
First
Constitution
of
the
Government
;
and
such
it
remains
and
continues
to
this
time
:
For
that
Court
cannot
proceed
to
Judgment
in
any
Cause
,
without
an
Original
Writ
out
of
Chancery
,
though
a
late
Statute
makes
their
Judgments
good
,
without
an
Original
upon
a
Verdict
.
If
the
Causes
that
are
properly
now
of
the
cognisance
of
that
Court
of
Common
Pleas
,
had
been
allotted
to
that
Court
Originally
,
when
the
distribution
of
Administration
of
Justice
was
made
in
the
Constitution
of
the
Government
,
that
Court
,
by
its
proper
Authority
,
and
its
own
Process
,
would
have
done
Justice
to
all
its
Suitors
,
without
first
expecting
a
Writ
out
of
Chancery
,
to
bring
the
Cause
before
them
;
or
leaving
any
right
without
remedy
to
complain
in
Chancery
of
the
defects
of
Justice
in
that
Court
.
But
that
Law
of
Magna
Charta
,
cap.
11.
before-mentioned
,
which
erected
the
Court
of
Common
Pleas
,
fix'd
the
Judges
,
and
appropriated
civil
Causes
to
their
Judicature
,
no
longer
now
ambulatory
,
was
the
first
step
that
was
made
to
reduce
the
Court
of
Barons
,
called
,
Curia
Domini
Regis
,
in
which
the
Capitalis
Justiciarius
did
preside
;
Yet
still
this
Court
continued
a
Court
of
Pleas
of
the
Crown
and
Appeals
,
and
for
those
that
had
the
Priviledge
of
that
Court
,
as
Officers
,
Dependents
,
Suitors
,
as
appears
by
Bracton
,
l.
3.
cap.
7.
Rex
habet
unam
propriam
Curiam
sicut
Aulam
Regiam
,
&
Justitiarios
Capitales
,
qui
proprias
causas
Regias
terminant
&
aliorum
omnium
per
querelam
,
(
i.
e.
Appeal
)
vel
per
privilegium
seu
libertatem
.
This
Sir
Edward
Coke
imagines
is
meant
of
the
Kings
Bench
,
but
that
must
be
a
mistake
,
for
sicut
Aula
Regia
is
not
competent
to
that
Court
as
now
,
the
Capitales
Justitiarii
were
not
the
Chief
Justices
we
now
have
:
For
the
Office
of
the
Capitalis
Justitiarius
did
yet
continue
.
But
then
that
which
follows
in
Bracton
,
the
description
of
the
Justices
of
the
Court
he
before
spake
of
puts
the
matter
out
of
doubt
;
Item
(
saith
he
)
Justitiariorum
quidam
sunt
capitales
,
generales
,
perpetui
,
&
majores
,
à
latere
Regis
residentes
;
which
terms
are
agreeable
to
none
but
the
Barons
.
But
this
sort
of
Judicature
was
not
fit
for
continuance
,
and
the
Barons
were
to
be
reduced
,
they
were
dismist
of
this
Jurisdiction
about
the
time
that
change
was
made
,
in
reference
to
them
in
the
Parliament
;
for
as
long
as
they
continued
in
their
numbers
and
power
so
great
as
they
were
;
both
Courts
and
Parliaments
were
troubled
with
tumultuous
heaps
of
people
,
brought
thither
by
the
Barons
to
countenance
their
pretences
,
of
which
who
will
may
see
enough
in
Eadmerus
.
And
this
reducement
was
(
I
doubt
not
)
about
the
end
of
the
Reign
of
H.
3.
when
the
first
Writs
were
issued
to
chuse
Knights
of
the
Shire
.
Philip
Basset
was
the
last
of
these
Capitales
Justitiarii
;
Sir
Henry
Spelmans
Glossary
p.
415.
And
then
the
Court
of
Kings
Bench
came
to
have
such
Judges
as
at
this
day
,
ad
obitum
H.
3.
1272.
Summorum
Angliae
Justitiariorum
authoritas
cessarit
,
postea
Capitales
Justitiarii
ad
placita
coram
Rege
tenenda
appellati
sunt
,
saith
an
ancient
Anonymous
Author
quoted
by
Sir
Hen.
Spelman
,
Glossary
406.
That
ancient
Style
of
Capitalis
Justitiarius
Angliae
is
now
allowed
to
the
Chief
Justice
of
the
Kings
Bench
,
though
his
legal
Style
is
Capitalis
Justitiarius
ad
placita
coram
Rege
tenenda
.
2
E.
1.
Radulphus
Hengham
was
made
the
first
Chief
Justice
of
the
Kings
Bench
,
as
Sir
Henry
Spelmans
Glossary
416.
But
the
Chief
Justices
of
the
Common
Pleas
were
first
made
about
the
time
of
King
John's
Magna
Charta
,
when
that
Court
was
fixed
,
as
is
before
remembered
.
Sir
Henry
Spelman
out
of
Florilegus
tells
us
,
Martin
Peteshus
was
Chief
Justice
of
the
Common
Pleas
,
1
H.
3.
Neither
did
E.
1.
trust
the
Barons
with
the
Government
of
his
Revenue
,
as
it
was
before
the
Capitalis
Justic
.
and
the
power
of
the
Barons
was
reduced
;
but
he
made
Adam
de
Stratton
a
Clerk
Chief
Baron
,
but
in
what
time
of
his
Reign
doth
not
appear
.
But
they
continued
after
they
were
reduced
from
the
business
of
the
Kings
Bench
,
and
from
that
of
the
Court
of
Common
Pleas
,
to
have
the
Government
of
the
Revenue
,
and
making
a
Court
of
Exchequer
.
And
they
still
continued
the
Exercise
of
their
ancient
ordinary
Right
,
and
judged
Common
Pleas
in
the
Exchequer
until
the
28
E.
1.
And
then
in
the
Statute
called
Articuli
super
Cartas
cap.
4.
it
was
enacted
,
That
no
Common
Pleas
shall
be
henceforth
held
in
the
Exchequer
,
contrary
to
the
form
of
the
Great
Charter
.
Their
exercising
their
power
lastly
in
that
Court
,
may
be
the
reason
why
the
Judges
of
that
Court
are
called
Barons
.
Sir
Henry
Spelman
saith
,
he
hath
an
uninterrupted
Succession
of
the
Barons
of
the
Exchequer
,
from
the
sixth
year
of
Edward
the
Second
;
by
which
it
appears
,
that
the
present
Constitution
was
established
after
the
Kings
Bench
and
Common
Pleas
were
made
such
as
they
now
are
.
But
there
was
one
Power
and
Authority
that
was
inseparable
from
the
Baronage
,
and
that
is
the
Tryal
of
Peers
,
the
ancient
Curia
Regis
continues
to
this
day
to
that
purpose
,
as
it
must
,
no
other
provision
being
ever
since
made
therein
.
This
is
the
ancient
Court
of
Peers
,
the
Curia
Regis
when
revived
.
The
Power
and
Authority
of
the
ancient
Capitalis
Justitiarius
is
as
often
revived
,
as
that
Court
is
erected
for
Tryal
;
for
Offices
at
Common
Law
can
be
no
more
nor
less
than
the
Law
appointed
.
That
he
is
called
High
Steward
is
no
Objection
to
us
,
for
so
was
the
Capitalis
Justitiarius
called
,
and
Justitiarius
and
Seneschallus
are
used
one
for
another
in
the
Language
of
those
times
;
Sir
Henry
Spelmans
Glossary
403.
And
this
is
the
true
reason
,
I
humbly
conceive
,
of
that
Tradition
,
that
the
High
Steward
by
the
Kings
constituting
him
such
,
hath
such
mighty
powers
that
are
fit
to
be
trusted
with
him
,
no
longer
than
while
he
is
busie
about
that
piece
of
Justice
for
which
he
is
appointed
;
and
he
is
not
to
receive
his
Commission
,
but
just
at
his
entry
upon
the
business
of
the
Court
,
and
not
before
.
The
power
of
this
Capitalis
Justitiarius
was
the
same
with
that
of
the
Mair
of
the
Palace
in
France
,
from
whence
the
Conquerour
brought
this
Office
,
which
was
the
same
or
greater
with
the
Authority
of
the
Praefectus
Praetorio
amongst
the
Romans
.
It
is
a
thing
to
be
wished
,
that
Gentlemen
that
apply
themselves
to
the
study
of
Antiquities
,
that
relate
to
our
Laws
and
Government
,
would
design
to
adorn
and
cultivate
the
present
Laws
,
and
to
make
out
their
reasonableness
,
rather
than
to
innovate
upon
us
,
by
bringing
back
what
is
obsolete
,
rejected
,
and
antiquated
;
and
that
they
would
contribute
what
they
can
to
refine
it
from
many
absurd
reasons
that
dishonour
our
Faculty
,
which
are
the
best
our
Books
afford
even
for
some
of
the
Regulae
juris
.
I
shall
instance
onely
in
one
or
two
of
them
:
Why
the
Father
cannot
inherit
the
Lands
of
the
Son
,
it
is
told
us
for
a
reason
in
our
Books
,
that
Terra
est
quid
ponderosum
,
and
will
not
ascend
in
the
right
line
;
whereas
the
true
reason
is
this
,
the
Lord
that
first
granted
the
Fee
neglected
the
Father
,
gave
it
to
the
Son
and
his
Descendents
,
and
to
the
Family
he
should
derive
from
himself
;
and
when
this
was
alienated
in
Fee
,
the
descent
of
it
was
directed
agreeably
to
the
manner
and
direction
of
the
first
Collation
.
If
the
Father
gave
the
Son
the
Estate
,
there
was
a
Tenure
created
,
of
the
Father
,
as
there
was
in
all
Feofments
of
the
Feoffer
,
before
the
Statute
of
Quia
emptores
terrarum
;
and
it
is
a
Rule
in
Law
,
that
a
man
cannot
be
haeres
&
dominus
;
Stamford's
Exposition
of
the
Prerogative
,
chap.
5.
fol.
23.
B.
If
before
the
Statute
of
Quia
emptores
,
the
eldest
Son
had
enfeoffed
the
middlemost
,
to
hold
of
him
,
and
had
taken
his
Homage
;
the
middlemost
dieth
without
Issue
,
the
youngest
should
have
had
the
Land
,
and
not
the
eldest
.
Howbeit
if
there
were
no
youngest
Son
,
or
any
other
Heir
,
than
the
Feoffor
might
claim
the
Land
again
by
Escheat
,
and
not
otherwise
.
Another
is
this
for
a
reason
in
our
Law
,
why
the
Children
of
several
venters
shall
not
inherit
each
others
Lands
:
it
is
told
us
,
it
is
so
because
they
are
but
of
the
half
blood
to
one
another
,
and
therefore
the
Brother
of
the
first
venter
shall
not
succeed
to
the
State
of
the
Brother
by
a
second
venter
which
dies
without
Issue
,
But
the
Land
must
descend
to
the
Uncle
,
But
this
Uncle
can
be
but
of
the
half
blood
to
the
Nephew
,
and
the
very
reason
that
is
given
for
the
Law
makes
the
Law
unreasonable
.
But
the
true
reason
why
the
Brothers
of
different
venters
cannot
inherit
each
other
,
is
a
disallowance
that
our
Ancestors
,
the
Saxons
,
had
of
second
Marriages
,
they
,
as
most
of
the
Germane
Nations
,
esteeming
them
as
concubinat
,
and
at
best
,
but
as
permitted
Fornication
:
So
Tacitus
tells
us
,
in
his
Book
,
de
moribus
Germanorum
,
that
they
did
not
allow
of
Second
Marriages
,
Ne
non
maritum
,
sed
matrimonium
ament
,
non
nuptam
sed
nuptias
;
and
agreable
to
this
Opinion
,
are
descents
governed
in
several
Countries
in
Germany
at
this
day
.
This
(
tho'
it
is
apt
to
excite
all
Gentlemen
of
the
Robe
,
never
to
acquiesce
in
any
reason
of
the
Law
that
is
not
sence
,
which
if
they
do
,
they
will
forfeit
their
Reason
and
Judgment
)
I
should
not
have
been
so
impertinent
as
to
have
mentioned
in
this
Discourse
;
but
that
this
dealing
in
Causes
without
the
exercise
of
clear
reason
about
them
,
hath
brought
it
to
pass
,
that
much
of
our
Law
will
not
sort
to
Natural
Reason
and
Justice
;
and
this
gave
one
great
occasion
to
the
Rise
and
Growth
of
the
Court
of
Chancery
.
Since
it
came
in
my
way
,
to
shew
the
Original
of
the
other
Courts
;
and
the
Reader
may
wonder
,
that
there
is
nothing
in
Antiquity
,
that
gives
Authority
to
so
celebrated
,
and
so
busie
a
Court
as
this
is
at
this
day
:
I
will
here
offer
an
account
of
the
Rise
and
Growth
of
it
;
which
will
prepare
the
way
for
taking
of
it
down
,
which
is
no
less
a
Reproach
,
than
it
is
a
Grievance
to
the
Nation
.
There
is
nothing
so
great
a
Reproach
to
a
Nation
,
than
to
have
Laws
that
are
confessedly
not
good
and
equal
,
to
continue
them
;
and
yet
to
allow
of
an
Authority
to
reproach
them
with
Iniquity
:
that
our
Courts
of
Law
should
be
under
Rules
and
Obligations
,
to
pronounce
Judgments
,
which
a
single
Gentleman
shall
authoritatively
controul
and
condemn
,
as
unrighteous
;
that
Law
and
Equity
should
be
Opposites
;
That
a
Judgment
must
be
made
up
,
and
formd
in
a
Case
,
and
what
is
equal
,
just
and
fit
therein
,
must
not
be
considered
,
though
it
can
be
,
and
will
,
in
another
Court
have
a
judicial
Consideration
.
Our
Judges
at
Law
,
take
themselves
bound
,
not
to
hear
,
or
regard
the
Allegations
of
the
Defendants
against
the
Plaintiffs
pretence
,
which
ought
in
good
reason
to
bar
them
therein
;
or
,
at
least
,
qualifie
the
Judgments
,
when
the
same
matter
shall
be
heard
in
Chancery
,
and
prevail
either
wholly
to
set
aside
,
or
to
qualifie
the
same
Judgments
.
This
is
not
only
to
be
complain'd
of
as
derogatory
to
the
Reputation
of
the
Wisdom
of
the
Nation
;
but
is
insufferably
oppressive
to
the
Subject
,
by
the
multiplicity
of
Suits
,
tedious
and
vexatious
Delays
:
Nay
,
by
this
ill
Contrivance
,
the
Expences
sometimes
equal
,
sometimes
exceed
the
Value
of
the
Right
,
which
is
litigated
,
and
which
is
worse
,
the
Event
of
the
Suit
is
very
uncertain
and
fortuitous
.
But
this
is
not
all
;
our
Law
,
it
seems
,
is
not
a
Rule
that
extends
it self
to
all
Causes
;
and
we
have
Rights
confessedly
,
such
,
and
which
can
be
judicially
remedied
,
to
which
the
Common
Law
extends
no
Relief
:
For
a
thousand
Causes
in
a
year
,
are
for
that
reason
heard
in
the
Court
of
Chancery
.
Two
such
Reproaches
,
no
Nation
but
ours
hath
ever
yet
incurr'd
or
suffer'd
:
For
Law
and
Equity
is
no
where
else
opposed
,
and
every
Right
hath
his
Remedy
by
the
Law
of
the
Country
,
but
ours
.
The
first
great
occasion
to
the
rise
of
the
Chancery
,
was
,
Feoffments
,
made
upon
Trust
,
to
uses
in
the
time
of
our
Warring
about
the
Title
of
the
Crown
,
to
avoid
Forfeitures
.
The
Judges
,
in
tenderness
to
the
Condition
and
necessity
of
those
times
,
did
judge
,
that
an
Use
was
no
Right
,
though
most
certainly
it
is
:
For
it
is
jus
ad
rem
,
that
nothing
might
be
forfeited
when
it
depended
upon
chance
whether
a
man
should
be
a
good
Subject
,
or
a
Traitor
.
And
the
same
consideration
easily
admitted
of
any
Authority
that
would
interpose
to
relieve
against
those
who
would
abuse
or
deny
such
Trusts
;
and
no
body
brought
into
question
,
that
authority
,
by
which
a
piece
of
justice
,
so
necessary
to
the
Nation
,
was
administred
.
Another
great
reason
of
the
business
of
the
Court
of
Chancery
,
is
that
which
we
before-mentioned
,
that
we
have
not
improv'd
the
Statute
of
Westm.
2
C.
24.
And
a
third
,
is
the
ill
conducting
of
our
Laws
:
our
Ancient
Judges
were
infected
with
the
Monkery
of
that
time
,
men
of
no
Learning
,
and
of
a
vain
Subtilty
.
The
Theology
of
those
times
was
insipid
,
and
most
trifling
,
and
the
Administration
of
Justice
,
agreably
turned
into
a
vain
art
of
disputing
the
apices
juris
;
and
a
subtilty
was
used
,
too
fine
for
business
,
and
to
govern
the
affairs
of
Men
that
governed
themselves
by
none
of
those
Superfineries
.
They
argued
without
Discourse
,
or
discoursed
from
positive
Rules
or
Presidents
,
which
were
almost
the
same
with
them
as
Rules
of
Law
,
and
not
from
the
true
Merits
of
the
Cause
,
and
its
own
particular
reasons
of
Right
.
And
the
Common
Law
,
which
is
Lex
non
scripta
,
i.
e.
that
which
a
wise
Judicature
should
declare
,
upon
the
consideration
of
the
present
Case
,
was
by
the
Proceedings
of
our
Courts
,
turn'd
into
a
Lex
scripta
,
positive
and
inflexible
;
and
the
Rule
of
Justice
could
not
accomodate
it self
to
every
Case
,
according
to
the
Exigency
of
Right
and
Justice
.
But
if
it
were
consider'd
,
that
there
can
be
no
Prescription
against
Justice
,
that
no
Presidents
,
where
a
Right
hath
not
been
relieved
,
can
be
pretended
why
it
should
not
be
assisted
hereafter
:
And
if
a
matter
pleaded
in
Bar
,
upon
which
the
Defendant
will
be
certainly
relieved
in
Chancery
,
may
,
notwithstanding
it
hath
not
heretofore
,
be
hereafter
allowed
in
our
Law-Courts
,
we
should
be
in
a
great
measure
restored
to
our
easie
,
expedite
,
cheap
,
and
certain
Justice
,
which
the
Methods
of
our
Common
Law-Courts
hath
most
excellently
provided
,
until
a
Parliament
,
sometime
,
or
other
,
may
consider
,
whether
it
be
not
fit
to
take
it
quite
down
,
by
inabling
Courts
of
Law
,
to
do
true
Right
in
all
Causes
that
shall
come
before
them
:
For
nothing
renders
the
Chancery
tolerable
,
but
the
mo
:
exemplary
Virtue
,
and
Great
Endowments
of
our
present
Lord
Chancellor
,
in
which
he
is
not
like
to
have
a
Successor
.
But
to
return
to
the
Curia
Regis
,
it
was
not
only
the
great
Judicature
of
the
Nation
formally
;
but
it
was
also
materially
our
Parliament
too
.
That
this
Curia
Regis
was
not
without
any
more
,
the
Parliament
of
these
times
,
is
evident
:
first
,
that
the
Curia
Regis
,
was
summoned
by
a
general
Writ
of
Summons
,
directed
to
the
Sheriffs
in
this
Form
,
viz.
Rex
Vicecomiti
Northamptoniae
,
&c.
praecipimus
tibi
quod
summoneri
facias
Archiepiscopos
,
Episcopos
,
Comites
,
Barones
,
Abbates
,
Priores
,
Milites
,
&
Liberos
homines
,
qui
de
nobis
tenent
in
Capite
,
&c.
Rot.
Claus
.
26
H.
3
M.
7.
Dorso
.
This
must
necessarily
be
this
Curia
Regis
,
in
Distinction
to
a
Parliament
.
For
that
in
the
Grand
Charter
of
King
John
,
made
in
the
last
year
of
his
Reign
,
it
was
granted
,
that
Ad
habendum
Commune
Concilium
Regni
,
de
auxilio
assidendo
,
(
aliter
quàm
in
tribus
praedictis
casibus
;
i.
e.
Those
cases
of
Aid
,
to
make
the
eldest
Son
a
Knight
to
marry
the
eldest
Daughter
,
and
of
Ransom
,
and
de
Scutagiis
assidendis
)
faciemus
summoneri
Archiepiscopos
,
Episcopos
,
Abbates
,
&
Comites
,
&
majores
Barones
Regni
,
sigillatim
per
Literas
nostras
.
Et
praeterea
faciemus
summoneri
in
generali
per
Vicecomites
&
Ballivos
nostros
omnes
alios
,
qui
in
capite
tenent
de
nobis
.
At
present
we
make
no
other
use
of
this
Grand
Charter
,
than
to
prove
it
a
distinctive
mark
of
a
Parliament
,
where
the
Summons
are
personal
to
the
Bishops
,
Earls
,
and
the
greater
Barons
.
This
Charter
of
King
Johns
declares
the
ancient
usage
of
summoning
the
greater
Barons
,
by
special
Summons
to
them
severally
directed
;
for
that
the
Kings
before
him
,
as
Sir
Henry
Spelman
in
his
Glossary
p.
80.
Propter
crebra
bella
&
simultates
,
quas
aliquando
habuêre
cum
his
ipsis
majoribus
suis
Baronibus
,
alios
etiam
eorum
interdum
omitterent
,
&
aegrè
hoc
ferentes
Proceres
Johannem
adegêre
sub
magno
sigillo
Angliae
pacisci
,
ut
Archiepiscopos
,
Episcopos
,
Comites
,
&
majores
Barones
Regni
,
sigillatim
per
Literas
summoneri
faceret
.
By
which
it
was
provided
,
that
all
the
Barons
should
have
pro
more
Summons
to
the
Parliament
,
that
non
of
those
great
Barons
should
want
his
several
Summons
,
and
they
had
anciently
several
Summons
,
for
in
a
general
Summons
no
body
was
excluded
.
By
which
it
doth
appear
that
the
Council
at
Northampton
wherein
Thomas
of
Becket
was
brought
in
judgment
,
was
a
Parliament
,
and
not
the
Curia
Regis
;
for
that
the
Bishops
had
their
several
Writs
of
Summons
,
which
appears
in
that
Fitz
Stephens
tells
us
as
matter
of
observation
,
that
Thomas
of
Canterbury
had
not
his
Writ
of
Summons
,
but
was
cited
as
a
Criminal
to
answer
;
which
we
before
observed
.
And
this
was
but
necessary
,
that
when
the
Tenents
in
capite
,
or
Barons
,
which
principally
at
least
made
the
Parliament
,
were
to
be
consulted
about
some
arduous
Affairs
,
that
they
should
have
notice
and
a
solemn
intimation
thereof
,
and
their
presence
required
and
enjoyned
,
by
Writs
to
them
particularly
and
personally
directed
.
Besides
that
,
it
was
agreeable
to
all
the
forms
of
Government
then
in
use
,
to
have
their
ordinary
and
extraordinary
Council
.
For
,
Omnes
Germanicae
Originis
Reges
atque
Imperatores
,
duplici
Concilio
antiquitùs
utebantur
,
altero
statario
,
qui
Senatus
dicitur
ad
res
quotidianas
,
altero
evocato
,
concilium
aut
conventus
ordinum
ad
res
momenti
majoris
;
as
Grotius
assures
us
.
Neither
can
it
be
denied
by
any
man
of
modesty
,
who
hath
heard
any
thing
of
the
state
of
our
Government
before
the
Conquest
,
and
that
knows
that
many
ancient
Burroughs
send
Burgesses
to
Parliament
by
Prescription
,
and
will
consider
the
Records
produced
by
Mr.
Petit
,
in
his
very
learned
and
elaborate
Book
called
,
The
Ancient
Right
of
the
Commons
of
England
,
to
prove
the
Right
of
ancient
Burroughs
to
send
Members
to
Parliament
who
represent
them
;
but
that
such
,
though
not
Suiters
to
the
Curia
Regis
,
were
Members
de
jure
of
the
great
Council
of
Parliament
.
But
the
truth
is
,
they
are
not
mentioned
in
any
Record
or
History
of
any
Parliament
,
from
the
beginning
of
the
Conquerours
Reign
to
the
end
of
Henry
3.
as
a
distinct
part
of
the
Parliament
of
England
,
their
Numbers
and
Qualities
were
little
and
mean
,
of
no
consideration
in
comparison
to
that
great
Body
of
the
Baronage
that
constituted
our
Parliaments
in
that
time
;
but
our
Parliaments
seem
by
the
style
used
in
Histories
and
Records
,
to
be
onely
the
Baronage
of
England
.
William
the
First
in
the
fourth
year
of
his
Reign
,
Consilio
Baronum
suorum
(
saith
Hoveden
,
pag.
343.
)
fecit
summoneri
per
universos
Consulatus
Angliae
,
Anglos
nobiles
&
sapientes
,
&
sua
lege
eruditos
,
ut
eorum
&
jura
&
consuetudines
ab
ipsis
audiret
.
Those
who
were
returned
shewed
what
the
Customs
of
the
Kingdom
were
;
which
with
the
assent
of
the
same
Barons
were
for
the
most
part
confirmed
in
that
Assembly
,
which
was
a
Parliament
of
that
time
saith
Mr.
Selden
,
Titles
of
Honour
,
pag.
701.
Amongst
the
Laws
of
Hen.
1.
published
by
Mr.
Abraham
Whelock
,
cap.
2.
I
find
thus
;
Forestas
communi
consensu
Baronum
in
manu
mea
retinui
,
sicut
pater
meus
eas
habuit
.
And
after
,
Lagam
Regis
Edwardi
vobis
reddo
,
cum
illis
emendationibus
quibus
pater
meus
emendavit
consilio
Baronum
suorum
.
The
Parliament
is
styled
Commune
Concilium
gentis
Anglorum
;
and
at
the
same
time
,
Commune
Concilium
Baronum
;
and
also
Clerus
&
Populus
,
Matth.
Paris
,
fol.
52
,
53
,
54.
And
this
is
sometimes
called
Communitas
,
for
that
it
represents
the
whole
people
,
and
involves
their
consent
.
Which
appears
by
48
H.
3.
Pars
unica
M.
8.
D.
Haec
est
forma
pacis
à
Domino
Rege
,
&
Domino
Edwardo
filio
suo
,
Praelatis
&
Proceribus
omnibus
,
&
Communitate
Regni
Angliae
,
communiter
&
concorditer
approbata
.
And
that
Communitas
Regni
hath
no
other
sense
than
commune
concilium
Regni
,
and
used
as
a
comprehensive
term
of
them
that
made
it
,
is
evident
;
for
that
it
is
said
in
the
second
Record
,
Si
videntur
communitati
Praelatorum
&
Baronum
.
And
again
,
Per
consilium
communitatis
Praelatorum
&
Baronum
.
Further
,
Magnates
&
Vniversitas
Regni
,
sometimes
used
for
the
Parliament
,
Matth
Paris
659,666
.
And
after
King
John's
Charter
,
wherein
it
was
established
,
that
those
that
were
not
Barones
majores
,
qui
tenent
de
nobis
in
capite
,
should
be
generally
summoned
.
It
is
observable
,
that
the
Barones
minores
are
so
mentioned
,
as
if
the
name
of
Barons
were
not
to
belong
to
them
.
Agreeable
thereto
is
that
we
have
mentioned
in
the
style
of
our
Parliaments
,
of
Milites
liberè
tenentes
,
&
alii
fideles
,
and
are
all
involved
in
this
general
,
Et
universi
de
Baronagio
Regni
Angliae
.
Several
Instances
of
this
are
in
Mr.
Petyt
,
aforementioned
,
p.
111
,
112
,
113
,
114
,
115
,
116.
besides
that
,
many
Instances
of
the
like
Stile
of
Parliaments
in
those
times
are
obvious
.
That
our
Parliaments
in
those
times
were
thus
constituted
,
is
so
clear
,
that
it
cannot
be
dissembled
:
But
I
do
not
deny
,
but
upon
a
change
in
the
Succession
to
the
Crown
,
there
might
have
been
in
this
time
extraordinary
Conventions
of
the
People
,
to
declare
their
Universal
Assent
,
for
better
assuring
such
Successor
,
discountenancing
the
Rival
Prince
,
and
preserving
the
Peace
;
as
in
the
Case
of
William
the
Second
,
Henry
the
first
,
King
Stephen
,
and
King
John
,
which
hath
been
usual
in
other
Countreys
,
in
mighty
Distresses
of
State
;
such
were
in
use
amongst
the
Jews
.
Josephus
calls
such
an
Assembly
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Grotius
,
in
his
Annot.
p.
200.
rells
us
,
Solitos
fuisse
Judaeos
interdum
in
rebus
ad
summam
Religionis
,
aut
Imperii
spectantibus
advocare
ad
Synedrium
quotquot
habere
poterant
tribuum
primores
,
aliisve
honoribus
praeditos
,
ut
quod
constituerunt
legis
potius
a
populo
probatae
,
quam
Senatus
consulti
haberet
auctoritatem
.
With
the
assent
of
such
an
Assembly
as
this
;
at
least
King
John
should
only
(
if
so
)
have
made
this
Kingdom
Tributary
to
the
Pope
;
though
I
believe
,
what
he
did
in
it
,
he
did
without
,
and
against
the
Assent
of
that
Parliament
,
in
which
he
could
only
therefore
offer
to
do
it
.
He
did
no
more
effectivè
,
than
of
Right
he
could
,
which
is
nothing
.
That
which
was
done
,
was
without
the
Consent
of
his
Bishops
and
Barons
,
as
appears
by
a
Letter
of
his
to
the
Pope
,
in
those
words
recited
by
Mr.
Petyt
,
in
his
mentioned
Book
,
Cum
Comites
&
Barones
Angliae
,
nobis
devoti
essent
antequam
Nos
,
&
nostram
Terram
Domino
vestro
subjicere
curassemus
,
Extunc
in
Nos
specialiter
ob
hoc
sicut
publicè
dicunt
violenter
insurgunt
.
And
by
another
Letter
of
his
,
to
the
Pope
,
recited
,
p.
163.
Wherein
he
complains
of
the
Bishops
Disobedience
on
this
Occasion
;
which
I
the
rather
take
notice
of
,
that
the
Cause
of
our
Government
might
not
be
betrayed
,
by
depending
upon
such
weak
Inferences
as
those
,
viz.
that
there
was
a
House
of
Commons
at
that
time
,
which
did
not
consent
to
the
vassallating
of
the
Kingdom
,
by
King
John
to
the
Pope
:
For
that
otherwise
,
it
could
have
been
validly
done
.
And
that
,
if
our
present
House
of
Commons
,
in
the
same
Form
as
it
is
now
constituted
,
was
not
in
Being
ever
after
the
Conquest
,
it
is
not
therefore
an
Essential
part
of
our
Government
:
For
if
our
Government
must
take
its
Fate
upon
such
Issues
as
these
,
I
am
sure
we
shall
not
long
hold
it
.
The
greatest
Truths
are
betrayed
by
weak
Proofs
,
and
the
clearest
Right
,
sometimes
lost
,
by
putting
it
upon
an
uncertain
or
improbable
Issue
.
This
is
certain
,
that
whatever
thing
of
Government
is
introduced
by
the
Consent
of
the
Prince
,
and
that
Alteration
assented
to
,
and
embraced
,
avowed
and
owned
by
every
man
of
the
Community
,
by
Actions
,
and
other
open
Declarations
of
a
full
Consent
;
and
this
continued
for
Centuries
of
Years
;
and
in
all
that
time
,
applauded
,
and
found
agreable
to
the
Interest
of
the
Prince
and
People
,
and
the
Old
Government
abolish'd
and
impracticable
,
the
very
matter
of
its
ceasing
;
and
it
become
a
thing
impossible
,
as
well
as
not
desireable
to
restore
it
.
I
say
,
whatever
Constitution
is
thus
introduced
and
established
,
is
as
unmoveable
as
unalterable
,
(
or
no
Government
is
)
as
if
it
had
been
ever
so
:
For
there
can
be
no
Government
in
this
World
that
is
eternal
;
how
this
Change
came
,
we
shall
speak
to
by
and
by
.
But
for
the
sake
of
Truth
,
I
must
confess
,
that
I
have
no
reason
to
believe
,
that
the
Counties
,
in
all
this
time
,
had
their
Representatives
in
Parliament
,
by
the
formality
of
a
Choice
.
But
this
is
a
great
mistake
,
that
the
People
cannot
be
represented
,
but
by
such
as
are
from
time
to
time
chosen
by
them
;
when
as
every
Government
is
the
Representative
of
the
People
,
in
what
they
are
to
be
governed
by
it
,
and
by
their
Consent
to
it
in
the
first
erecting
thereof
,
they
do
trust
their
Governors
with
the
Rule
and
Order
of
their
Lives
and
Estates
,
for
the
Common-weal
:
For
Government
,
as
well
as
Law
,
is
Republicae
communis
sponsio
,
to
use
Bracton's
Words
.
I
cannot
easily
tell
which
is
more
eligible
for
the
assuring
us
of
good
Men
in
the
Common
Council
of
the
Kingdom
,
whether
the
Choice
,
and
Designation
of
a
Person
thereto
by
his
Character
,
and
a
General
Rule
,
or
by
the
contingent
Suffrages
of
the
People
:
But
they
are
,
I
am
sure
,
as
much
our
Representatives
,
who
are
appointed
thereto
by
the
Constitutions
of
the
Government
,
embraced
and
consented
to
by
the
People
,
as
those
are
,
whom
the
People
nominate
for
that
purpose
.
I
know
no
reason
therefore
why
any
should
think
,
that
nothing
is
stable
in
our
Government
,
but
what
hath
been
ever
so
,
and
in
the
same
Form
;
or
that
any
man
should
be
so
affrighted
with
the
Objection
(
as
if
it
made
our
Government
shake
,
which
some
slight
Antiquaries
,
for
little
Learning
in
Antiquity
will
serve
for
that
purpose
)
That
our
Parliament
was
not
at
all
times
such
it
is
at
this
day
.
It
sufficeth
to
me
that
it
was
always
materially
the
same
.
When
the
Conqueror
did
innovate
his
Tenures
in
Capite
,
and
made
all
men
of
great
Estates
,
Barons
;
and
by
their
Tenures
and
Estates
,
Members
of
Parliament
,
we
had
then
such
Laws
,
quas
vulgus
elegerit
;
and
then
we
had
materially
our
three
Estates
,
though
not
so
well
sized
and
sorted
as
since
.
I
thought
fit
to
say
this
,
for
the
preventing
the
World's
being
troubled
with
such
Impertinent
Labors
,
and
to
divert
those
that
thus
employ
themselves
to
undertakings
more
useful
to
the
Publick
,
and
advantageous
to
themselves
.
We
had
then
(
I
say
)
many
great
Freeholders
in
every
County
,
that
by
their
Tenures
were
Members
of
Parliament
,
whereas
now
we
have
but
two
;
and
though
the
People
did
not
chuse
them
,
yet
the
men
of
that
Order
seem
chosen
once
for
all
interpretatively
,
by
the
People
in
their
consent
to
the
Government
;
and
they
might
be
reasonably
presumed
to
be
faithful
to
the
Commonweal
,
from
their
own
great
Concernments
therein
.
In
this
Constitution
scarce
any
man
that
was
fit
to
be
chosen
,
but
was
without
the
Peoples
choice
a
Member
of
Parliament
;
as
now
they
have
more
who
are
fit
to
be
chosen
than
they
can
chuse
.
So
that
the
Barones
minores
were
then
instead
of
Knights
of
the
Shire
;
and
the
Barones
majores
Bishops
and
Earls
did
then
as
now
make
the
Parliament
.
Besides
the
Barones
majores
and
minores
,
there
was
at
this
time
a
distinction
between
the
Barones
Regis
and
Barones
Regni
,
which
I
will
here
explain
,
to
prevent
any
mistake
that
may
grow
thereupon
,
The
Barones
Regni
were
Barons
by
Tenure
,
and
made
part
of
the
Government
by
the
Constitution
of
the
first
William
;
and
so
in
process
of
time
called
Barones
Regni
,
because
they
had
by
continuance
of
that
Constitution
acquired
a
fixed
right
to
that
Honour
.
But
because
of
the
frequent
Wars
between
the
Barons
and
the
Kings
at
that
time
,
they
did
omit
to
summon
some
who
were
Barons
by
Tenure
,
and
now
duly
called
Barones
Regni
to
Parliament
,
and
called
others
to
Parliament
that
had
no
right
to
be
called
ratione
tenurae
,
and
these
they
called
Barones
Regis
.
This
was
ill
taken
by
the
Lords
,
and
was
one
of
the
occasions
of
their
War
with
King
John
;
upon
which
they
did
obtain
his
Charter
for
remedy
as
followeth
;
Barones
majores
Regni
sigillatim
summoniri
faceret
.
The
truth
of
this
as
to
the
fact
will
appear
by
the
Histories
of
those
times
;
and
that
this
is
the
reason
of
that
distinction
of
Barones
Regis
and
Barones
Regni
,
doth
appear
by
the
recited
Charter
of
King
John
,
where
the
majores
Barones
are
called
Barones
Regni
;
for
the
Barons
were
more
concerned
for
the
losing
of
their
Honours
,
than
they
were
at
the
communication
of
the
like
Honours
to
others
,
and
with
reason
;
though
all
Honours
are
lessened
by
the
numbers
of
those
participate
of
them
.
The
inconveniences
and
mischiefs
of
this
Constitution
were
very
great
and
very
sensible
,
by
making
the
Government
consist
of
one
Order
;
there
was
no
third
to
moderate
and
hold
the
balance
.
The
Honour
of
the
great
Nobility
was
lessened
,
by
an
Equality
of
Suffrage
in
the
great
Council
of
the
Kingdom
,
yielded
to
the
Tenents
in
capite
,
and
were
not
so
concerned
to
support
the
Dignity
of
the
Crown
for
the
maintaining
their
own
,
which
in
that
Constitution
could
not
be
great
.
It
had
the
faults
of
either
House
,
and
the
virtues
of
neither
:
they
pressed
hard
upon
the
King
,
and
were
uneasie
and
oppressive
to
the
People
:
they
were
not
reverent
of
the
Crown
,
nor
tender
of
common
right
.
The
great
Charter
provides
against
the
Oppressions
of
great
men
,
as
it
doth
for
bounding
the
Prerogative
.
Our
mixt
Monarchy
was
out
of
tune
,
by
the
Aristocratical
Power
of
the
Baronage
,
now
become
too
excessive
by
the
policy
of
the
Conquerour
,
by
advancing
too
great
numbers
to
that
Dignity
,
too
great
to
depend
upon
the
Crown
,
or
to
be
govern'd
by
it
unassisted
.
That
which
the
first
William
intended
and
designed
for
the
establishment
of
his
Conquest
,
and
of
the
Peace
of
the
Kingdom
,
made
it
very
easie
to
afflict
bad
Princes
.
But
by
several
steps
we
recovered
,
being
taught
and
instructed
to
it
by
our
Experience
,
and
the
sufferance
of
great
Calamities
,
such
a
Representative
,
that
might
most
certainly
effect
what
in
all
Ages
was
intended
and
designed
,
that
nothing
should
be
Law
or
civilly
just
,
but
what
the
People
assent
to
,
by
which
their
Persons
and
Rights
are
secured
and
defended
,
which
is
the
sole
end
of
Government
.
But
evident
it
is
,
that
this
more
equal
&
clear
representative
,
which
we
now
enjoy
in
our
House
of
Commons
,
grew
upon
the
reducement
of
the
excessive
number
of
Barons
,
so
great
that
it
made
them
a
Tumult
rather
than
an
Assembly
,
and
for
the
reducement
of
the
power
of
the
greater
Barons
:
for
in
the
Parliament
of
49
H.
3.
when
but
25
Lay
Barons
were
summoned
,
tho'
in
the
41
year
of
his
Reign
he
numbered
250
great
Baronies
in
England
,
we
find
Writs
for
electing
to
a
Parliament
at
London
,
two
Knights
,
Citizens
,
and
Burgesses
,
and
Barons
for
the
Cinque-Ports
:
before
that
time
,
none
were
found
,
nor
any
Foot-steps
of
Right
for
the
Counties
sending
Knights
to
Parliament
;
though
there
is
a
clear
Right
appears
for
the
Burroughs
to
send
Burgesses
;
which
we
shall
speak
to
afterwards
.
It
will
not
be
impertinent
,
here
to
add
,
that
the
Government
of
Scotland
,
which
runs
parallel
almost
to
our
English
Government
,
found
it
inconvenient
,
that
all
the
Tenants
in
Capite
should
resort
to
their
Parliaments
;
and
therefore
,
they
were
reduc'd
in
this
manner
;
viz.
their
Barones
Minores
,
or
Tenants
in
Capite
,
in
every
County
,
choose
two
of
ther
own
number
to
Parliaments
;
which
,
at
this
day
,
they
call
the
Barons
for
Counties
:
whereas
,
all
our
Free-holders
choose
their
Knights
of
the
Shire
;
and
our
Elections
are
not
restrained
to
Tenants
in
Capite
.
And
this
made
it
more
reasonable
for
our
Representatives
of
Shires
(
together
with
the
Burgesses
)
to
become
,
in
process
of
time
,
a
distinct
Lower
House
;
whereas
,
their
Barons
of
Shires
set
together
with
the
Lords
,
and
vote
in
Common
with
them
.
The
Knights
of
the
Shire
,
which
made
the
principal
part
of
the
Representative
of
the
Commons
,
having
no
Relation
to
the
House
of
Peers
,
or
the
Baronage
of
England
;
because
,
chosen
by
all
the
Feee-holders
indifferently
,
though
not
Tenants
in
Capite
.
But
to
return
to
our
History
that
deduceth
the
Change
of
our
Government
.
That
some
great
matters
for
publick
Good
and
Establishment
of
the
peace
of
the
King
and
Kingdom
,
was
treated
of
in
this
Parliament
,
(
they
did
to
be
sure
establish
this
new
Form
of
a
Parliament
)
will
appear
by
a
Form
of
a
Writ
of
Summons
,
to
the
Bishop
of
Durham
,
to
that
Parliament
;
which
I
will
here
transcribe
.
Henricus
Dei
gratia
,
Rex
Angliae
,
Dominus
Hiberniae
,
&
Dux
Aquitaniae
,
venerabili
in
Christo
patri
R.
Episcopo
Dunelmensi
salutem
.
Cum
post
gravia
turbationum
discriminia
dudum
habita
in
Regno
Nostro
,
Charissimus
filius
Edwardus
primogenitus
noster
,
pro
pace
in
regno
nostro
assecuranda
,
&
firmanda
obses
traditus
extitisset
&
jam
sedata
(
benedictus
Deus
)
turbatione
praedicta
super
deliberatione
ejusdem
salubriter
providenda
&
plena
securitate
,
&
tranquillitate
pacis
ad
honorem
Dei
,
&
utilitate
totius
Regni
nostri
firmanda
,
&
totaliter
complenda
ac
super
quibusdam
aliis
Regni
nostri
negotiis
,
quae
sine
Consilio
vestro
,
&
aliorum
Praelatorum
,
&
magnatum
nostrorum
nolumus
expediri
,
cum
eisdem
tractatum
habere
nos
oportet
;
vobis
mandamus
,
Rogantes
in
fide
&
dilectione
quibus
nobis
tenemini
,
quod
omni
occasione
postposita
,
&
negotiis
aliis
praetermissis
sitis
ad
nos
Londiniis
in
octabis
Sancti
Hilarii
proximo
futuris
,
nobiscum
&
cum
praedictis
Prelatis
,
&
magnatibus
nostris
,
quos
ibidem
vocari
secimus
super
praemissis
tractaturis
,
&
consilium
impensuris
,
&
hoc
sicut
nos
&
honorem
nostrum
,
&
vestrum
,
necnon
&
communem
Regni
nostri
tranquillitatem
diligitis
,
nullatenus
omittatis
Dors.
Claus
.
49
H.
3.
M.
11.
in
Scedulae
.
I
strongly
incline
to
believe
,
That
this
King
did
call
in
the
Commons
by
their
representatives
,
(
the
Barones
Minores
being
discharged
)
to
moderate
between
him
and
his
Barons
,
which
became
after
(
to
be
sure
,
however
it
was
before
)
the
standing
Representative
of
the
people
.
Something
like
this
,
was
before
attempted
by
King
John
,
by
this
Writ
of
King
John
,
the
like
of
which
,
is
not
found
.
Rex
vicecomiti
Oxoniae
salutem
;
praecipimus
tibi
quod
omnes
milites
Ballivae
tuae
qui
summoniti
fuerant
esse
apud
Oxoniam
ad
nos
à
die
omnium
Sanctorum
in
15
dies
venire
facias
cum
armis
suis
,
corpora
vero
Baronum
,
sive
Armis
singulariter
&
4
discretos
milites
de
comitatu
tuo
illuc
venire
facias
ad
nos
,
ad
eundem
Terminum
ad
loquendum
nobiscum
de
Negotiis
Regni
nostri
;
teste
meipso
apud
Written
,
11
die
Novembris
.
Dors.
Claus
.
15.
Johannis
Regis
.
Part
2.
M.
7.
But
that
Hen.
3.
in
that
Parliament
,
had
some
notable
Expedient
for
the
Establishment
of
the
publick
Peace
and
Quiet
.
His
Hopes
and
Desires
of
accomplishng
it
,
will
appear
by
the
Stile
of
the
fore-recited
Writ
,
if
compared
with
another
Writ
of
Summons
,
in
a
Cursory
Form
,
in
the
26th
,
Year
of
his
Reign
,
which
was
thus
;
Henricus
,
&c.
Venerabili
in
Christo
Patri
Waltero
Eboracensi
Archiepiscopo
salutem
;
mandamus
vobis
qualenus
sicut
&
honorem
nostrum
pariter
&
vestrum
diligitis
,
&
in
fide
qua
Nobis
tenemini
,
omnibus
aliis
negotiis
omissis
sitis
ad
nos
apud
London
,
à
die
Sancti
Hillani
,
in
14
dies
,
ad
tractandum
nobiscum
una
cum
caeteris
magnatibus
nostris
statum
nostrum
,
&
totius
Regni
nostri
specialiter
tangentibus
&
hoc
nullatenus
omittatis
.
But
shortly
,
to
deduce
the
History
of
this
Change
,
(
which
is
but
conjectural
)
under
the
Authority
of
Mr.
Selden
,
in
which
,
nothing
is
certain
,
but
that
the
Bishops
continued
in
the
Change
of
the
Baronage
in
the
same
State
of
Greatness
mentioned
,
the
same
Order
had
their
Writs
of
Summons
continued
to
them
as
before
;
and
,
though
many
of
the
Regular
Barons
were
after
omitted
to
be
summoned
to
Parliament
,
yet
not
one
Bishop
ever
wanted
his
Summons
.
This
Discrimination
shews
,
That
they
were
now
Barons
by
Writ
,
as
the
Lay
,
Barons
were
,
and
for
the
same
Reason
;
that
is
,
because
Tenures
did
not
now
make
them
Barons
.
But
such
only
were
so
,
who
had
the
King's
Writs
sent
to
them
of
Summons
to
Parliament
:
So
that
the
Bishops
are
not
now
to
be
reckoned
Barones
feudales
,
or
Barons
by
Tenure
,
but
Barones
rescriptitii
,
as
all
Barons
at
this
day
,
except
those
by
Patent
,
which
are
so
,
without
any
respect
to
Tenure
.
The
Feudal
Baronage
,
as
we
said
,
was
as
large
,
and
as
numerous
as
the
Tenures
by
Knights
Service
in
Chief
,
which
were
capable
of
being
multiplyed
several
ways
,
for
every
part
of
the
Fee
however
divided
,
the
Services
reserved
upon
that
Fee
,
that
were
entire
and
indivisible
,
were
to
be
performed
by
the
several
Proprietors
of
the
several
parts
of
the
divided
Fee
.
The
Feudal
Baronies
besides
,
were
ambulatory
,
not
fixed
to
Families
;
but
assignable
,
as
Estates
,
and
passed
with
the
Lands
.
Who
sees
not
,
that
by
this
Constitution
and
Nature
of
Baronage
,
a
great
many
mean
persons
,
not
agreeable
to
that
high
Order
,
must
be
entitled
to
it
,
and
so
in
truth
it
happen'd
?
And
hereupon
,
a
Distinction
was
made
first
between
Barones
Majores
,
&
Barones
Minores
.
The
Barones
minores
,
soon
lost
the
Title
of
Barons
altogether
.
This
is
conjectured
,
by
Mr.
Selden
,
to
be
before
the
latter
end
of
King
John's
Reign
,
and
their
legal
Stile
became
Milites
,
or
Libere
Tenentes
;
which
some
,
upon
a
mistake
,
anticipating
the
Change
of
the
Government
,
made
in
H.
3.
time
,
think
,
when
they
meet
with
Milites
,
or
Libere
Tenentes
in
Parliament
,
they
have
found
Knights
of
the
Shire
,
chosen
for
Representatives
in
Parliament
.
And
,
if
they
reteined
the
Name
and
Stile
of
Barons
,
it
was
now
but
abusively
applyed
to
them
;
for
,
their
Baronies
were
in
Truth
estimable
,
but
as
Knights
Fees
only
:
and
,
of
this
sort
of
Barons
,
there
remains
some
to
this
day
.
This
appears
by
a
Passage
in
the
grand
Charter
of
King
John
,
made
in
the
latter
end
of
his
Reign
,
as
it
is
in
Mat.
Paris
343.
Ad
habendum
commune
concilium
Regni
,
de
auxilio
assidendo
aliter
quam
in
tribus
casibus
praedict.
(
these
three
Cases
of
Aid
to
make
the
Eldest
Son
a
Knight
of
Aid
,
to
marry
the
Eldest
Daughter
,
and
Aid
of
Ransome
are
understood
Heir
,
as
is
plain
by
the
Charter
)
Et
de
scutagiis
assidendis
faciemus
summoneri
Archiepiscopos
,
Episcopos
,
Abbates
,
Comites
&
majores
Barones
Angliae
sigillatim
per
literas
nostras
.
Et
praeterea
faciemus
summoneri
in
generali
omnes
alios
qui
in
Capite
tenent
.
This
was
one
Step
to
remove
these
Barones
Minores
,
from
the
Dignity
of
Barons
;
which
by
H.
3.
were
quite
discharged
,
and
never
appeared
after
in
Parliaments
,
except
chosen
Knights
of
the
Shire
.
But
because
I
find
this
great
Charter
of
King
John
,
not
well
understood
by
several
considerable
Writers
,
nor
by
Mr.
Selden
explained
,
I
will
offer
my
Thoughts
,
and
the
rather
,
because
it
is
not
impertinent
to
our
present
purpose
.
The
first
part
to
which
the
part
before-recited
,
doth
refer
is
thus
:
Nullum
scutagium
,
vel
auxilium
ponam
in
regno
nostro
,
nisi
per
commune
concilium
Regni
nostri
nisi
ad
corpus
redimendum
,
&
ad
primogenitum
filium
nostrum
militem
faciendum
,
&
ad
primogenitam
filiam
nostram
semel
maritandum
,
&
ad
hoc
non
fiet
nisi
rationabile
auxilium
;
and
then
follows
,
&
ad
habendum
Concilium
Regni
aliter
quam
in
tribus
casibus
praedictis
&
scutagiis
assidendis
,
&c.
I
conceive
,
that
by
the
first
Commune
Concilium
,
he
means
the
Curia
Regis
;
and
that
he
did
grant
that
out
of
that
Court
,
he
would
not
impose
Escuage
,
or
aid
upon
his
Tenants
,
except
it
were
those
three
Cases
of
Aid
mentioned
:
For
Escuage
was
then
and
after
assessed
in
that
Court
,
and
that
properly
,
as
being
due
by
their
Tenure
,
only
the
Opportionment
there
was
to
be
made
,
which
was
a
proper
Office
for
the
King's
Tenents
amongst
themselves
,
until
the
Statute
of
34
E.
1.
de
Tallagio
non
concedendo
;
in
which
it
was
provided
,
that
no
Tallage
,
or
Aid
,
shall
be
put
or
levied
without
the
Will
and
Assent
of
the
Archbishops
,
Bishops
,
Earls
,
Barons
,
Knights
,
Burgesses
,
and
other
Free
Commons
of
the
Realm
;
but
for
all
matters
other
than
those
three
mentioned
Aids
and
Escuage
,
which
were
due
by
Tenure
,
it
should
be
done
by
that
Commune
Concilium
,
that
is
,
his
Parliament
;
and
he
there
declares
,
how
he
would
have
it
summoned
as
to
his
Baronage
,
who
in
that
part
of
his
Charter
,
were
to
receive
their
Satisfaction
;
and
for
the
Liberties
of
sending
Burgesses
to
Parliament
,
they
are
likewise
confirmed
in
the
same
Charter
;
and
therein
provided
for
.
So
that
I
am
persuaded
,
that
the
modus
Parliamenti
,
in
King
John's
Time
,
was
in
the
said
Charter
declared
.
It
was
probable
,
that
before
this
Charter
,
there
was
some
Law
to
declare
who
those
Majores
Barones
were
,
and
who
those
Tenants
in
Chief
were
,
that
should
be
accounted
now
,
no
longer
Barons
;
and
after
the
Tenants
in
chief
had
lost
the
Honor
of
a
particular
Summons
to
Parliament
,
and
the
Stile
of
Barons
,
it
was
less
difficult
for
those
Great
Barons
,
to
procure
a
Law
to
exclude
the
rest
wholly
from
having
any
Right
to
sit
in
the
Parliaments
under
the
name
of
Tenant
in
Chief
only
.
And
to
this
purpose
,
doubtless
,
saith
Mr.
Selden
,
some
Law
was
afterwards
made
,
that
none
should
come
to
Parliament
,
as
a
Baron
,
(
that
is
,
by
vertue
of
his
Tenure
)
but
such
as
should
have
several
Writs
of
Summons
directed
to
them
;
in
which
number
,
not
only
all
those
of
the
Ancient
and
Greater
Barons
were
comprehended
;
but
others
to
whom
Writs
should
be
directed
;
which
is
in
effect
,
that
no
Tenure
should
any
longer
make
a
Baron
of
the
Kingdom
;
but
that
the
Writ
of
Summons
only
should
make
a
Baron
.
It
is
not
improbable
for
the
reasons
aforementioned
,
that
such
Law
was
made
the
49
H.
3.
and
farther
,
for
that
we
find
,
that
the
Abbot
of
Leicester
,
in
the
26
E.
3.
was
discharged
from
being
summoned
to
Parliament
amongst
other
reasons
,
that
he
was
not
summoned
to
Parliament
before
49th
.
year
of
H.
3.
and
after
that
Interpotalis
vicibus
;
as
if
part
of
the
Constitution
had
been
that
those
of
the
Ecclesiasticks
,
who
at
that
time
were
accounted
the
Barones
Majores
;
so
declared
by
having
Writs
of
Summons
to
Parliament
,
should
have
Writs
of
Summons
to
Parliament
,
thence
after
in
Succession
:
And
herewith
agreeth
Mr.
Cambden
.
Brit.
fo.
Henricus
tertius
ex
tantâ
multitudine
quae
seditiosa
&
turbulenta
fuit
,
optimos
quosque
rescripto
ad
Comitia
Parliamentaria
evocaverit
,
ille
enim
(
ex
satis
antiquo
scriptore
loquor
)
post
magnas
perturbationes
,
&
enormes
vexationes
,
inter
ipsum
Regem
&
Simonem
de
Montfort
,
&
alios
Barones
,
motas
&
sopitas
?
statuit
&
ordinavit
quod
omnes
illi
Comites
&
Barones
Regni
Angliae
quibus
ipse
Rex
dignatus
est
brevia
summonitionum
dirigere
venierent
ad
Parliamentum
.
CHAP.
XVI
.
SO
that
it
appears
clearly
,
that
the
Feudal
Baronies
about
this
time
were
quite
discharged
so
far
,
that
no
man
by
a
feudal
Barony
had
any
Right
to
sit
in
Parliament
;
and
those
that
were
feudal
Barons
before
this
time
,
by
the
Alienation
of
their
Baronies
afterwards
did
not
cease
to
be
Barons
:
But
for
that
the
Majores
Barones
,
and
such
as
had
then
Writs
of
Summons
,
and
were
appointed
to
make
the
House
of
Lords
for
after
time
,
were
then
Barons
by
Tenure
:
It
continued
an
Opinion
some
time
,
that
no
man
was
bound
to
answer
such
Writs
of
Summons
;
but
those
that
were
bound
thereto
by
their
Tenures
;
thence
it
was
,
that
after
this
Constitution
,
many
that
were
feudal
Barons
before
,
have
taken
a
Liberty
to
entail
their
Baronies
with
the
Lands
that
were
held
per
Baroniam
,
upon
the
Heirs
Males
,
whereby
the
Heirs
general
,
or
next
Heir
Female
were
excluded
;
and
an
Heir
of
the
half
Blood
hath
enjoyed
the
Honor
with
the
Lands
by
vertue
of
the
Entail
.
We
will
trouble
the
Reader
with
one
Instance
of
this
kind
;
and
that
is
as
late
as
Q.
E.
William
Lord
Paget
of
Beaudesert
,
entailed
the
Baronies
of
Longdon
and
Haywood
,
by
Fine
,
which
descended
to
Henry
his
Son
and
Heir
,
who
had
Elizabeth
,
his
Daughter
and
Heir
died
,
11
Eliz.
after
whose
Death
,
Thomas
,
Brother
,
and
Heir
Male
of
Henry
,
entered
into
the
Baronies
aforesaid
,
and
was
summoned
to
Parliament
.
This
was
allowable
,
because
the
Honor
of
the
Name
and
Family
was
thereby
better
supported
,
and
the
Office
of
a
Baron
continued
in
the
Family
;
and
the
Duty
of
it
better
performed
by
such
direction
of
the
Descent
.
And
we
do
also
observe
,
that
after
the
reason
of
being
a
Baron
from
Tenure
did
cease
,
the
following
times
kept
the
Old
Form
of
Speech
,
&
tenere
per
Baroniam
,
was
used
commonly
to
denote
a
man
a
Baron
.
That
the
Law
is
as
we
have
said
,
appears
for
that
an
Issue
at
Law
,
whether
Baron
,
or
not
,
ought
to
be
tried
by
the
Parliament
Records
of
his
Summons
and
Session
there
as
a
Baron
,
and
not
by
the
Records
of
the
Exchequer
to
prove
the
Tenure
.
I
will
not
therefore
trouble
the
Reader
with
what
is
reported
to
us
in
our
Year-books
,
nor
my self
in
reconciling
the
seeming
disagreements
there
about
this
matter
,
onely
thus
,
that
the
Judges
have
sometimes
spoken
cum
vulgo
,
and
not
agreeable
to
the
true
notion
of
the
Law
,
and
that
they
did
not
judge
according
to
Law
in
the
case
of
Thomas
de
Furnival
.
But
,
the
Barons
being
anciently
first
so
by
Tenure
did
so
stick
with
the
Judges
,
that
they
allowed
Thomas
de
Furnivals
Plea
,
that
he
did
not
hold
per
Baroniam
,
to
discharge
him
from
being
a
Baron
,
though
he
had
been
summoned
as
a
Baron
,
and
sate
in
several
Parliaments
as
such
.
But
of
this
more
hereafter
.
For
that
which
now
made
Parliamentary
Barons
was
,
the
receiving
of
a
Writ
of
Summons
to
Parliament
.
Before
the
49
H.
3.
The
Bishops
were
of
the
number
of
those
that
were
majores
Barones
,
and
had
Writs
of
Summons
to
Parliament
among
the
rest
of
the
great
men
,
before
the
making
of
the
Law
aforesaid
;
and
they
by
this
new
Constitution
became
Barons
for
them
and
their
Successors
,
not
by
Tenure
any
longer
no
more
than
the
great
Lay
Barons
,
but
by
virtue
of
the
Writ
of
Summons
,
and
by
the
afore
remember'd
Constitution
and
Law
made
some
time
about
the
49
H.
3.
And
though
the
Lands
of
the
Bishops
in
the
time
of
the
Conquerour
,
which
were
put
under
that
Tenure
,
be
alienated
or
exchanged
as
they
might
have
been
,
I
am
sure
if
they
are
not
before
the
Statute
of
Queen
Elizabeth
put
a
restraint
upon
them
,
yet
the
Succession
of
the
Bishops
to
their
Baronies
remains
.
It
is
a
question
I
know
,
whether
a
Bishop
can
demand
his
Writ
to
Parliament
,
before
the
restitution
of
the
Temporalities
,
upon
his
Consecration
:
there
are
valuable
Opinions
on
both
sides
;
but
if
the
restitution
of
the
Temporalities
must
be
first
made
,
it
is
I
conceive
upon
no
other
reason
,
than
that
he
is
not
completely
Bishop
before
that
is
done
,
no
more
than
a
Rector
is
a
complete
Rector
after
Institution
before
Induction
be
made
;
though
he
ought
(
I
conceive
)
to
have
his
Writ
upon
Consecration
,
because
upon
vacancy
of
the
See
,
the
Guardian
of
the
Spiritualities
used
anciently
to
have
a
Writ
of
Summons
to
Parliaments
;
as
Diocesans
themselves
.
And
now
the
Baronage
Secular
is
affixed
to
Families
,
and
the
Spiritual
Baronage
to
the
Office
and
Succession
.
And
now
Birth
designs
the
Temporal
Baron
,
and
Consecration
of
the
Bishop
designs
the
Spiritual
Baron
;
nay
single
Election
without
Confirmation
or
Consecration
.
If
elected
onely
,
they
were
summoned
to
Parliament
by
the
addition
of
Electi
;
if
confirmed
and
not
consecrated
,
then
they
are
in
the
Writ
of
Summons
styled
Electi
&
Confirmati
.
And
Mr.
Selden
further
tells
us
,
that
there
never
was
any
that
had
the
Title
of
a
Bishop
in
England
,
and
of
the
Kings
Creation
since
the
Normans
,
but
was
a
Baron
of
Parliament
;
and
though
the
Regular
Barons
,
and
such
of
them
who
had
Writs
were
discharged
upon
their
Prayer
,
and
omitted
to
be
summoned
;
Yet
the
Bishops
by
reason
of
their
Spiritual
Dignity
had
necessarily
a
right
and
voice
.
The
Archiepiscopi
,
Comites
,
Barones
,
&
alii
Magnates
,
in
ancient
Parliamentary
Writs
of
Summons
,
do
ordinarily
express
and
comprehend
the
whole
Baronage
,
without
naming
the
Abbots
and
Priors
,
which
must
be
signified
by
the
alii
Magnates
.
Which
I
the
rather
note
,
because
the
Folio
Author
,
a
Gentleman
very
easie
and
ready
in
Inferences
,
doth
conclude
,
that
because
such
Writs
mention
Magnates
,
besides
Bishops
,
Comites
,
&
Barones
,
(
which
he
too
suddenly
concluded
were
comprehensive
of
the
whole
Baronage
)
doth
thence
argue
,
that
a
Writ
of
Summons
of
any
man
to
Parliament
doth
not
make
him
a
Baron
;
and
from
thence
would
have
it
inferred
,
that
the
Bishops
are
not
so
,
(
though
they
are
expresly
mentioned
,
and
first
in
order
,
and
cannot
in
reason
be
reduced
to
that
meanness
of
rate
and
quality
with
those
that
fall
under
an
Et
caetera
;
)
and
from
hence
would
have
it
concluded
,
that
they
may
,
when
the
King
pleaseth
,
be
dismist
that
House
,
because
there
were
anciently
some
Grandees
that
had
Session
in
Parliament
now
discharged
.
Besides
we
do
observe
,
that
another
sort
of
great
men
may
be
meant
by
the
alii
Magnates
,
that
is
to
say
,
famous
men
of
the
Clergy
,
not
Bishops
,
and
other
men
of
great
name
for
wisdom
,
of
which
there
were
some
summoned
in
most
of
the
ancient
Parliaments
,
not
intended
thereby
by
the
King
to
be
made
noble
,
or
advanced
to
the
state
of
Baronage
;
for
there
were
distinct
clauses
in
the
Writs
of
Summons
,
to
signifie
the
Kings
purpose
therein
.
The
Writs
directed
to
such
as
were
not
intended
thereby
to
be
made
Barons
,
as
the
Judges
,
Attorney
General
,
Kings
Serjeant
,
&c.
was
,
Quod
intersitis
nobiscum
&
cum
caeteris
de
Concilio
nostro
;
and
sometimes
nobiscum
onely
,
super
praemissis
tractaturi
,
vestrúmque
consilium
impensuri
:
whereas
that
to
the
Barons
was
,
Quòd
intersitis
cum
Praelatis
,
Magnanatibus
,
&
Proceribus
,
&c.
But
,
as
Mr.
Selden
observes
,
that
custom
of
sending
Summons
to
great
men
(
not
Bishops
)
to
Parliament
,
did
cease
after
the
clause
of
Praemunientes
(
by
which
Convocations
were
summoned
by
Bishops
to
meet
with
Parliaments
)
grew
in
use
,
in
the
Bishops
Writs
of
Summons
to
Parliament
.
Of
which
excellent
Provision
we
shall
have
occasion
to
speak
to
hereafter
.
All
the
Baronage
,
both
Spiritual
and
Temporal
,
de
jure
ought
to
have
Summons
now
to
Parliament
,
without
respect
to
Estate
or
Tenures
.
There
is
no
man
now
,
noble
by
his
Acres
,
a
sort
of
Nobility
,
that
this
refined
Age
will
not
allow
of
.
The
King
,
according
to
the
Constitution
of
H.
3.
afore-mentioned
,
may
now
,
by
Letters
Pattents
,
or
Writ
,
erect
a
new
successive
Barony
(
as
well
as
hereditary
)
as
was
done
by
H.
8.
The
fifth
year
of
his
Reign
(
for
that
the
Baronage
of
England
was
now
affixed
to
Family
and
Succession
,
and
not
to
Tenures
)
he
by
his
Letters
Patents
did
then
grant
unto
Richard
Bamham
,
Abbot
of
Tavestock
,
in
the
County
of
Devon
,
the
Abbey
being
of
his
Foundation
and
Patronage
,
and
to
the
Successors
of
the
said
Abbot
,
Vt
eorum
quilibet
qui
pro
tempore
ibidem
fuerit
Abbas
sit
&
erit
unus
de
Spiritualibus
&
Religiosis
Dominis
Parliamenti
nostri
haeredum
&
Successorum
nostrorum
gaudend
.
honore
privilegio
&
libertatibus
ejusdem
.
This
the
King
might
well
do
,
because
,
the
Abbot
was
of
his
Patronage
,
and
the
Successors
were
therefore
to
be
elected
and
collated
by
the
King
;
for
,
that
was
the
Inducement
and
Reason
of
Kings
and
Sovereign
Princes
advancing
Bishops
and
great
Abbots
to
the
degree
of
Baronage
,
making
them
members
of
the
great
Councils
of
their
Kingdoms
and
Principalities
,
as
is
before
observed
,
because
such
Abbots
as
the
Bishops
,
were
made
always
,
and
appointed
by
the
Sovereign
Prince
.
And
here
we
may
take
notice
by
the
way
,
of
the
Reason
,
why
the
Episcopus
Soderensis
,
or
,
the
Bishop
of
the
Isle
of
Man
,
is
not
summon'd
to
Parliament
,
which
I
shall
give
you
in
the
Words
of
Sir
H.
Spelm.
in
his
Glossary
,
Baronum
appellatione
non
omnes
hodie
apud
nos
censentur
Episcopi
ut
pote
Soderensis
in
insula
Manniâ
quod
de
Rege
non
tenet
immediate
at
de
Comite
Darbiae
.
Nay
,
it
is
most
observable
,
That
this
Honour
of
Baronage
,
or
being
a
Member
of
the
House
of
Peers
,
was
so
inseparable
to
the
Office
of
a
Bishop
,
after
the
afore-mentioned
new
Constitution
of
the
Baronage
,
That
the
Guardians
of
the
Spiritualties
of
Bishopricks
in
the
times
of
Vacancy
,
and
the
Vicars
General
of
Bishops
being
beyond
Sea
,
were
summoned
to
Parliaments
by
the
same
kind
of
Writs
as
the
Bishops
were
summoned
.
Of
this
,
Mr.
Selden
doth
assure
us
;
Titles
of
Honour
.
2
Edit.
fol.
721.
But
this
Honour
lasted
no
longer
than
this
legal
Substitution
,
and
Vicarious
Power
.
If
they
had
Right
to
sit
in
that
House
,
in
respect
of
their
Temporalties
,
the
Guardian
of
the
Spirituals
,
or
the
Vicars
General
,
would
not
have
had
Writs
of
Summons
to
Parliament
.
But
,
if
the
Kingdom
had
not
had
a
great
Opinion
of
that
Order
,
it
would
not
have
been
provided
,
and
put
in
use
;
that
in
Vacancy
of
the
See
,
or
Absence
of
the
Bishop
,
rather
than
that
great
Council
would
want
one
Bishop
utterly
,
or
the
Interest
,
Authority
,
and
Consent
of
any
that
had
Episcopal
Authority
,
they
admitted
the
Substitute
,
by
whom
that
Office
was
executed
and
administred
for
that
Interval
only
.
When
Baronies
were
feudal
,
the
person
,
tho'
in
respect
of
his
Land
,
was
noble
;
his
great
Estate
and
Interest
,
and
the
other
general
Presumptions
that
attend
opulent
Fortunes
,
made
the
Possessor
noble
in
his
Person
.
Anciently
the
Estate
;
of
late
,
the
Discent
,
in
the
Temporal
Baronies
;
and
,
the
Succession
in
the
Spiritual
Baronies
,
place
the
persons
respectively
in
the
Census
and
Rank
of
Baronage
:
but
there
is
no
Nobility
but
what
is
personal
,
nor
can
be
in
Nature
.
All
the
persons
in
the
same
Order
of
the
publick
Census
,
are
of
the
same
Quality
.
Neither
are
Bishops
to
be
accounted
less
Barons
,
or
less
noble
,
because
they
enjoy
their
Baronies
for
Life
only
,
no
more
than
a
Tenant
for
Life
of
an
hereditary
feudal
Barony
could
be
so
accounted
.
Feudal
Baronies
being
considered
as
Estates
were
alienable
as
Estates
,
and
as
Estates
would
suffer
Limitations
,
and
admit
of
particular
Estates
for
Life
.
No
man
can
say
we
had
no
personal
Nobility
in
the
time
when
there
was
no
other
Baronage
than
Feudal
.
How
then
can
it
be
said
,
that
the
Bishops
Persons
are
not
noble
,
though
they
should
be
accounted
only
Barons
Ratione
Tenurae
,
as
certainly
they
are
not
in
proper
speaking
,
at
this
day
,
neither
can
it
be
objected
against
their
personal
Nobility
,
that
a
Bishop
may
be
degraded
;
for
,
so
may
a
Peer
for
more
Reasons
than
a
Decay
of
his
Fortune
and
Estate
.
Which
matter
,
I
the
rather
insist
upon
,
for
that
the
great
Mr.
Selden
committed
an
Error
,
by
not
considering
,
that
the
ways
and
means
,
by
which
,
persons
derive
and
come
to
be
of
the
Order
of
the
Nobility
and
Baronage
,
can
make
no
Difference
in
the
Baronage
;
but
,
thence
he
offers
a
Reason
(
which
must
needs
be
a
Mistake
too
)
why
Bishops
shall
not
be
tryed
by
Peers
,
in
Capital
Crimes
,
because
these
are
personal
;
and
,
his
being
a
Baron
,
is
Ratione
tenurae
,
and
not
of
personal
Nobility
.
But
this
he
wrote
when
he
was
young
,
in
his
first
Edition
of
Titles
of
Honour
,
which
was
in
the
time
of
King
James
.
But
,
can
there
be
a
harsher
and
more
incongruous
thing
said
,
than
that
there
is
any
other
Nobility
than
what
is
personal
?
Can
Land
be
noble
?
This
that
I
have
said
,
is
to
prove
,
That
the
Spiritual
Lords
are
of
the
Baronage
of
England
,
such
as
it
is
now
constituted
;
and
,
they
do
not
,
cannot
remain
in
any
Reason
or
Understanding
,
Feudal
Barons
,
after
the
Ratio
Baronagii
is
changed
,
and
if
they
could
remain
Barons
Ratione
tenurae
at
this
day
;
yet
,
they
ought
to
have
all
Preheminencies
and
Priviledges
of
Barons
.
But
,
true
it
is
,
that
they
are
another
sort
of
Nobility
,
different
from
that
of
the
secular
Lords
(
though
equal
in
all
the
powers
of
Baronage
;
and
besides
,
have
precedency
in
Honour
)
and
therefore
make
a
distinct
State
from
them
,
and
one
of
the
three
Estates
,
or
Ordines
Regni
.
Besides
that
,
by
the
way
,
we
have
destroyed
the
Force
of
the
Arguments
used
by
the
Folio
,
against
the
Jus
Paritatis
of
Bishops
,
and
their
Competency
to
try
a
Lay
Peer
,
which
we
shall
speak
to
more
by
and
by
.
CHAP.
XVII
.
IN
the
King
,
and
in
these
three
Estates
,
is
placed
the
Peoples
Security
,
and
the
Care
of
the
whole
Community
:
from
every
of
them
they
have
distinct
,
just
,
and
reasonable
Expectations
,
though
the
third
State
of
the
House
of
Commons
,
hath
carried
away
,
and
almost
ingrossed
the
name
of
the
Peoples
Representatives
,
though
they
are
only
the
Peoples
Representatives
,
to
act
for
them
,
in
matters
wherein
the
People
are
left
at
perfect
Liberty
;
and
concerning
which
,
there
is
no
Order
taken
in
the
Constitution
of
the
Government
.
This
is
truly
Our
Government
,
a
King
,
and
Three
Estates
,
the
Lords
Spiritual
,
the
Lords
Temporal
,
and
the
Commons
,
by
their
Delegates
and
Representatives
for
the
purpose
only
to
treat
about
matters
,
in
which
,
the
People
have
Power
to
deliberate
,
and
are
,
and
ought
to
be
redress'd
.
This
is
the
Forme
of
all
the
Modern
and
Gothick
Governments
,
planted
in
Christian
Europe
.
Guntherus
expresseth
three
Estates
thus
:
Praelati
,
Proceres
,
missisque
Potentibus
Vrbes
.
The
great
men
of
Estates
,
Proceres
,
were
sufficient
to
take
care
of
their
Interests
and
Dependents
,
which
made
the
Body
of
the
County
.
But
then
there
were
Cities
or
great
Towns
,
in
which
were
great
Bodies
of
Freemen
,
men
of
Wealth
and
Trade
,
that
were
little
concerned
in
Lands
or
Tenures
,
which
we
call
Liberi
Burgi
,
which
our
Neighbors
call
Hans
Towns
:
And
our
Kings
seem
to
have
by
Prerogative
a
continuing
Power
to
declare
Towns
,
when
they
arrive
to
be
great
,
peopled
,
and
rich
,
Free
Boroughs
;
and
thereupon
they
acquire
a
Right
to
send
Delegates
to
Parliament
:
And
this
appears
,
for
that
many
Boroughs
that
send
Burgesses
of
to
Parliament
,
have
no
other
Foundation
Right
,
but
the
King's
Charter
;
in
which
he
grants
,
Sit
A.
de
Caetero
liber
Burgus
,
I
have
seen
some
of
these
Charters
as
ancient
as
King
John
.
These
Charters
could
have
had
no
such
Operation
,
but
by
vertue
of
some
Ancient
Establishment
in
the
Government
:
We
have
no
History
of
its
Commencement
.
King
William
I.
that
he
might
have
the
assistance
of
all
the
States
in
Parliament
,
put
the
Boroughs
under
Tenure
by
Baronage
.
How
many
of
the
Burgage
Tenures
were
of
that
sort
,
we
know
not
;
but
it
is
probable
,
all
that
at
that
time
sent
Burgesses
to
the
Parliamentary
Conventions
(
by
what
name
soever
they
were
then
called
)
the
Burgesses
of
the
Cinque-ports
,
are
still
called
Barons
.
And
we
know
,
that
the
Borough
of
St.
Albans
was
put
under
that
Tenure
,
and
in
that
Right
challenged
them
to
Burgesses
to
Parliament
,
as
Dr.
Brady
acknowledgeth
.
But
the
reason
why
we
have
no
remembrance
of
the
Tenures
of
Boroughs
to
send
Burgesses
to
Parliament
,
is
that
which
we
have
here
proved
,
viz.
the
ancient
reason
of
Baronage
,
viz.
by
Tenure
,
did
cease
about
the
time
of
H.
3.
And
conformably
the
King
might
require
Boroughs
to
send
Members
to
Parliament
,
without
mentioning
in
his
Writs
the
duty
of
their
Tenure
;
and
by
declaring
them
free
Boroughs
,
give
them
that
Priviledge
,
though
not
oblig'd
thereto
,
by
any
Tenure
created
upon
them
.
So
that
it
is
evident
,
that
before
H.
3.
our
great
Councils
,
or
Parliaments
consisted
of
three
Estates
,
though
they
all
pass'd
under
the
general
Stile
of
Baronagium
Angliae
;
which
I
thought
fit
to
demonstrate
,
that
our
Parliaments
,
or
great
Council
of
the
Realm
always
consisted
of
three
States
,
Corol.
From
this
,
that
the
King's
Prerogative
being
so
,
viz.
to
have
power
to
declare
Free
Boroughs
,
which
he
useth
by
his
Letters
Patents
:
The
Rights
of
chosing
their
Burgesses
to
Parliament
,
belongs
to
all
of
the
Community
,
and
cannot
be
restrain'd
to
fewer
Electors
by
their
Charters
:
For
Jura
ordinaria
non
recipiunt
modum
.
The
Remainder
at
least
of
this
Form
of
Government
,
continued
in
all
the
Countries
wherein
the
German
Colonies
made
their
Conquests
,
and
planted
themselves
,
as
will
appear
to
any
body
that
will
consult
the
Republicks
,
and
those
plentiful
Quotations
that
hath
been
made
by
a
Learned
Author
in
his
Book
,
published
since
this
was
written
.
I
cannot
but
wonder
,
since
this
our
Constitution
hath
been
oftenmost
authentickly
declared
;
and
every
one
knows
,
that
the
Government
is
materially
so
as
we
have
said
;
and
it
is
agreed
by
all
,
that
the
Government
consists
of
three
States
;
that
yet
we
know
not
where
to
find
'em
.
There
is
much
Art
used
to
give
Countenance
to
,
or
rather
to
form
an
Opinion
that
the
King
is
one
of
the
three
States
.
It
is
now
almost
come
to
be
an
Opinion
;
and
insomuch
as
it
is
an
Opinion
,
it
is
an
Error
.
This
Error
,
such
as
it
is
,
is
endeavored
to
be
improved
to
the
Destruction
of
the
Government
.
It
is
nurs'd
up
carefully
,
and
is
to
gain
Reputation
and
Credit
with
the
People
,
by
the
Authority
of
great
Names
;
and
when
it
is
grown
popular
,
it
is
designed
to
take
the
least
next
Advantage
against
the
Spiritual
Lords
,
to
dismiss
them
from
their
Bench
,
as
no
necessary
,
or
essential
part
of
the
Government
.
There
was
,
it
's
true
,
an
ill-pen'd
and
inconsiderate
Address
,
made
by
the
House
of
Commons
only
to
the
the
King
in
2
Hen.
4.
to
desire
him
to
make
Peace
between
the
Lords
,
and
therein
they
say
,
that
the
three
States
of
Parliament
,
are
the
King
,
the
Lords
Spiritual
and
Temporal
,
and
the
Commons
:
But
this
is
the
first
time
,
that
an
Address
of
a
House
of
Commons
,
was
so
nicely
considered
:
And
that
the
Form
and
Letter
of
it
should
be
the
measure
of
Law
and
of
the
Government
.
There
was
also
a
phantastick
Letter
,
written
by
Stephen
Gardiner
,
printed
it
seems
in
the
Book
of
Martyrs
,
wherein
that
Bishop
talks
of
three
States
,
in
which
he
must
needs
reckon
the
King
for
one
:
For
he
could
not
leave
him
out
of
the
Government
;
and
he
had
no
more
Christian
Graces
than
Faith
,
Hope
and
Charity
,
which
he
attributes
to
this
Ternary
of
States
of
his
own
making
.
But
if
he
had
four
of
those
Graces
,
there
had
been
four
States
,
if
six
of
those
Graces
,
to
have
match'd
them
in
number
,
he
would
have
found
three
States
in
the
House
of
Commons
,
viz.
Knights
,
Citizens
and
Burgesses
,
and
have
made
six
States
.
It
seems
too
,
King
James
made
a
Speech
in
Parliament
,
wherein
he
was
pleased
to
use
his
Logick
;
and
liked
,
it
seems
,
the
Ramistical
way
of
Dichotomies
.
The
truth
is
,
he
had
more
Logick
than
a
wise
King
could
tell
how
to
bestow
.
For
in
that
Speech
,
he
saith
,
The
Parliament
is
composed
of
a
Head
and
a
Body
,
himself
and
the
Parliament
.
This
Body
is
sub-divided
into
two
parts
,
the
upper
House
,
and
the
lower
House
.
The
upper
House
into
two
,
Lords
Spiritual
and
Temporal
;
the
lower
House
into
two
,
Knights
and
Burgesses
.
The
Citizens
were
left
out
for
the
sake
of
his
Dithotomy
.
His
Method
was
to
proceed
by
the
way
of
two's
;
and
therefore
't
was
impossible
we
should
here
in
this
Speech
of
any
three
whatsoever
;
yet
this
Speech
too
,
is
produced
against
three
States
distinct
from
the
King
.
Besides
,
they
tell
us
,
that
in
one
of
the
late
King's
Declarations
,
drawn
by
(
then
)
a
young
Gentleman
,
but
of
great
hopes
,
and
afterwards
a
very
great
Man
;
the
King
is
called
one
of
the
three
States
.
This
Gentleman
was
very
probably
misled
into
that
Mistake
,
by
a
Book
called
Nomotechnia
;
wherein
it
is
said
,
that
the
King
,
Lords
and
Commons
are
the
three
States
:
a
Book
of
Institutions
for
young
Students
,
which
was
never
yet
allowed
for
Authority
in
the
Law
;
nor
ever
had
the
Honor
to
be
cited
in
our
Courts
of
Westminster
.
These
Mistakes
,
or
whatever
you
will
call
them
with
the
Authority
of
the
Octavo
Author
,
are
united
together
to
form
an
Opinion
,
that
the
King
is
,
but
the
Bishops
are
not
one
of
the
three
States
,
which
will
be
a
very
dishonorable
Error
:
For
that
it
will
lead
us
into
a
Mistake
of
our
Government
;
and
which
is
much
worse
,
for
that
it
hath
a
tendency
to
subvert
it
,
that
is
,
to
depress
the
King
,
and
to
suppress
the
Bishops
.
It
is
an
Indign
thing
,
and
not
to
be
suffer'd
,
that
we
should
lose
our
Government
by
Surreption
,
and
be
made
a
Babel
,
by
dividing
and
confounding
our
Language
.
To
prevent
this
mischief
,
we
have
declared
our
Government
,
from
the
very
Reason
and
Nature
of
the
Structure
thereof
,
to
consist
of
three
States
,
that
is
,
three
different
Orders
,
which
make
the
Great
Council
of
the
Kingdom
;
whose
End
and
Business
,
is
,
to
administer
Council
and
Auxiliaries
to
the
King
,
who
is
intrusted
with
the
executive
Power
of
the
Government
and
Laws
.
And
besides
,
now
we
will
produce
great
Authorities
,
to
put
this
Mistake
out
of
Countenance
,
and
to
prevent
its
gaining
any
farther
Authority
with
the
People
.
For
Errors
of
this
nature
,
in
process
of
time
,
turn
into
Truth
,
and
things
prove
to
be
so
at
last
,
as
the
Error
and
Mistake
first
bespake
them
;
and
this
our
Lawyers
know
well
enough
,
with
whom
't
is
a
Maxime
(
it
belongs
only
to
them
,
and
matters
within
their
Province
)
Communis
Error
facit
Jus.
And
first
,
for
this
purpose
,
we
will
mention
the
Stile
that
the
Parliament
used
,
which
was
convened
by
the
Authority
of
Richard
the
Second
,
he
being
then
about
to
relinquish
the
Crown
to
H.
4.
This
Parliament
,
in
transacting
so
weighty
an
Office
,
had
reason
to
consider
and
know
who
they
themselves
were
.
They
,
without
doubt
,
in
all
their
Proceedings
in
this
High
Matter
,
used
their
true
,
as
well
as
biggest
Stile
,
which
was
that
of
States
.
Walsingham
tells
us
,
Sede
Regali
tunc
vacua
Procurators
Regis
Richardi
,
Archiepiscop
.
Eborac
.
&
Hereford
.
Renunciationem
dicti
Regis
&
cessionem
omnibus
statibus
Regni
tunc
adunatis
ibi
publice
declararunt
And
again
,
Quoniam
videbatur
cunctis
Regni
statibus
super
dictis
Articulis
singulatim
,
ac
etiam
communiter
interrogatis
.
And
again
,
Ordinati
sunt
Comissarii
ex
parte
statuum
&
Communitatis
ejusdem
Regni
.
Observe
here
,
that
the
King
is
none
of
these
States
;
that
they
are
called
all
the
States
,
which
signifies
more
than
two
;
that
there
is
mention
of
States
,
besides
Community
;
and
therefore
,
it
was
then
understood
,
that
there
were
two
States
in
the
Lords
House
.
But
afterwards
he
recites
us
the
Form
of
a
most
important
Instrument
,
which
follows
,
In
Dei
nomine
,
Amen
,
Nos
,
I.
Episc.
Assavensis
,
I.
Abbas
Glasconiensis
,
Thomas
Comes
Glocestriae
,
Thomas
Dominus
de
Berkley
,
Tho.
de
Epingham
,
Tho.
Gray
Miles
,
Willielmus
Thirning
Justiciarius
,
per
Pares
&
Proceres
Regni
Angliae
Spirituales
&
Temporales
,
&
ejusdem
Regni
Communitates
,
omnes
status
ejusdem
Regni
Representantes
Commissarii
,
ad
infra
scripta
specialiter
deputati
,
&c.
By
which
it
is
most
clear
,
that
the
Government
was
then
understood
to
consist
of
three
States
,
of
which
the
King
was
none
,
as
he
cannot
be
with
any
Congruity
.
1
R.
3.
Rot.
Parl.
apud
Westm.
die
Veneris
23
Jan.
it
appears
,
that
a
Bill
was
exhibited
coram
Dom.
Rege
in
Parl.
Wherein
is
contained
,
That
several
Articles
on
the
behalf
,
and
in
the
name
of
the
three
States
of
the
Realm
,
viz.
Lords
Spiritual
,
Temporal
,
and
Commons
,
were
delivered
to
the
King
.
And
farther
,
that
the
said
three
Estates
were
not
assembled
in
form
of
Parliaments
;
therefore
be
it
ordained
by
this
present
Parliament
,
that
the
Tenor
of
the
said
Articles
,
delivered
as
aforesaid
,
on
the
behalf
of
the
said
three
Estates
out
of
Parliament
,
&c.
Now
by
the
three
Estates
assembled
in
this
present
Parliament
,
be
the
same
ratified
and
approved
,
Ac
idem
Dominus
Rex
de
assensu
dictorumtrium
statuum
Regni
&
Authoritate
praedicta
,
omnia
&
singula
praemissa
,
in
billa
praedicta
contenta
concedit
,
&
ea
pro
vero
&
indubio
pronunciat
,
decernit
,
ac
declarat
.
This
was
in
like
manner
,
an
Act
of
Parliament
,
for
declaring
the
Right
of
the
Crown
to
be
in
Rich.
3.
In
the
Statute
made
2
H.
4.
the
Word
State
is
used
plurally
,
and
for
more
than
two
,
of
which
the
King
was
none
,
to
signifie
the
Parliament
,
as
appears
cap
,
15.
And
so
it
is
also
in
4
Hen.
4.
cap.
4.
in
which
these
words
are
,
Sith
it
is
the
desire
of
all
the
States
of
the
Realm
,
that
nothing
shall
be
so
demanded
of
our
Sovereign
the
King
.
He
will
that
all
those
who
make
any
Demand
,
&c.
So
that
hereby
it
is
evident
,
that
in
the
Understanding
of
that
time
,
there
were
three
States
besides
the
King
.
But
to
spare
the
Reader
the
trouble
of
the
mentioning
the
Records
at
large
,
that
testifie
the
Parliament
to
consist
of
the
King
and
the
three
Estates
,
viz.
Lords
Spiritual
,
Lords
Temporal
,
and
Commons
,
I
will
refer
them
that
doubt
to
the
Collection
made
in
Mr.
Pryn's
Index
to
Sir
Robert
Cotton's
Abridgment
,
under
that
Title
(
who
himself
was
of
this
Opinion
,
which
nothing
but
the
Evidence
of
the
truth
of
the
thing
could
have
form'd
:
His
great
Knowledge
in
Records
;
and
that
he
is
known
,
not
to
be
partial
for
the
Bishops
,
make
him
of
great
Authority
,
pages
10
,
11
,
12
,
13
,
14
,
17
,
329
,
384
,
325
,
281
,
392
,
567
,
607
,
710
,
712
,
713
,
714.
And
farther
,
in
the
Time
of
Queen
Elizabeth
,
in
an
Act
of
Parliament
,
in
the
first
Year
of
her
Reign
,
made
for
the
Recognition
of
Her
Queen
of
England
;
which
was
an
Act
of
State
,
and
of
the
whole
Community
;
and
therefore
most
requisite
it
was
,
that
that
Parliament
should
give
themselves
their
right
Stile
.
It
is
said
,
We
your
said
(
the
Lords
Spiritual
,
Temporal
,
and
Commons
in
Parliament
assembled
,
was
said
before
,
to
which
this
doth
relate
)
most
loving
Subjects
,
representing
the
three
States
of
your
Realm
of
England
.
The
Nature
of
the
Government
came
directly
at
their
Times
,
under
Consideration
of
the
Parliament
,
which
is
an
Assembly
that
cannot
be
mistaken
in
the
Constitution
of
the
Kingdom
,
in
any
Question
of
such
a
Nature
,
when
they
will
deliberate
and
consider
.
This
mighty
Affair
required
them
to
consider
who
they
were
,
and
what
was
their
Constitution
.
Now
(
if
at
any
time
)
they
are
to
use
that
Stile
,
that
denotes
their
Power
,
and
declares
the
Government
.
The
Stile
of
the
three
Estates
of
the
Realm
,
it
seems
,
is
so
sacred
and
great
,
and
not
for
ordinary
use
,
but
that
it
is
used
upon
such
occasions
as
the
Recognition
of
the
Sovereign
Princes
,
and
in
declaring
Kings
.
This
Stile
is
most
certain
declarative
of
the
true
Constitution
,
and
the
great
Stile
and
Title
of
the
Lords
Spiritual
,
Lords
Temporal
,
and
Commons
of
England
.
A
Misnomer
now
would
be
as
great
a
Solecism
,
as
to
see
the
Nobles
and
Prelates
without
their
Robes
,
and
proper
Cognizances
,
at
the
Solemnities
of
a
Coronation
.
By
the
due
comparing
the
Statutes
aforementiond
,
wherein
the
Lords
Spiritual
,
and
Temporal
,
and
Commons
are
called
the
States
,
and
also
the
Representatives
of
all
the
Estates
of
the
Kingdom
.
We
may
be
enlightened
into
a
great
Mistery
of
State
;
for
that
the
Lords
Spiritual
,
and
the
Lords
Temporal
,
and
Commons
,
are
called
the
three
States
;
and
also
the
Representatives
of
the
States
give
us
to
understand
,
that
every
one
of
them
is
entrusted
for
the
other
;
and
with
the
Conservancy
of
the
whole
Community
,
and
are
all
in
their
proper
Ministries
designed
to
the
Common
Good
;
and
each
of
them
have
Dependencies
and
Expectancies
from
the
other
,
in
the
due
Discharge
of
their
proper
and
distinct
Offices
.
And
that
the
Lords
Spiritual
,
and
the
Lords
Temporal
are
Representatives
and
Trustees
,
for
the
Peoples
Good
,
and
the
Common-weal
,
as
well
as
their
own
.
In
like
manner
,
as
every
Parliament
man
,
for
a
particular
Borough
,
is
a
Representative
of
all
the
Commons
of
England
.
To
which
we
will
adjoyn
another
great
Authority
,
and
that
is
of
Sir
Edward
Coke
,
4
Inst.
fol.
2.
who
tells
us
,
that
the
King
and
three
Estates
,
viz.
Lords
Spiritual
,
and
Lords
Temporal
,
and
Commons
,
are
the
great
Corporation
and
Body
Politick
of
this
Nation
.
This
was
the
Opinion
of
his
Old
Age
,
when
he
was
most
improved
in
Knowledge
;
and
when
he
did
not
flatter
the
Prerogative
.
Besides
,
to
clear
this
point
,
we
may
observe
,
that
the
Stile
of
Acts
of
Parliament
,
that
hath
mostly
obtained
,
is
this
,
viz
,
Be
it
enacted
,
&c.
and
by
,
and
with
the
Advice
and
Consent
of
the
Lords
Spiritual
,
and
Lords
Temporal
,
and
Commons
.
This
distinct
mention
of
the
Lords
Spiritual
and
Temporal
,
is
Cognizance
of
their
being
distinct
States
:
For
observe
,
there
is
no
particular
mention
of
Knights
,
Citizens
,
and
Burgesses
,
in
Acts
of
Parliament
;
because
they
are
all
of
the
Commonalty
,
which
is
but
one
State
.
They
are
all
involved
under
the
general
Name
of
Commons
:
And
so
would
certainly
the
Lords
,
both
Spiritual
,
and
Temporal
have
been
in
the
general
Name
of
Lords
,
if
they
had
not
been
distinct
States
,
and
so
accounted
.
The
Stile
of
Acts
of
Parliament
,
would
have
been
by
the
Advice
and
Assent
of
the
Lords
and
Commons
assembled
in
Parliament
:
And
the
ancient
Stile
of
Parliament
,
before
the
House
of
Commons
was
divided
and
constituted
apart
from
the
Lords
House
,
was
Clerus
&
Populus
,
Clerus
&
Magnates
;
as
may
be
seen
by
Eadmerus
,
and
Matth.
Paris
,
and
the
Writers
of
those
Times
:
So
that
the
Clerus
,
or
Bishops
,
were
always
a
distinct
State
in
Parliament
.
For
the
letting
in
Light
upon
all
that
hath
been
said
in
this
matter
;
and
for
farther
clearing
it
,
and
to
reconcile
the
Differences
in
the
Stiles
of
the
Parliament
;
and
that
they
may
unite
in
their
Evidence
,
and
not
seem
to
thwart
one
another
:
It
must
be
remembred
,
that
that
which
is
most
express
and
particular
,
is
most
scientifical
,
and
more
exactly
instructive
,
most
distinct
and
true
;
and
intends
to
inform
us
exactly
in
the
very
Nature
of
the
thing
;
and
therefore
cannot
be
derogated
from
,
nor
prejudiced
by
what
is
more
general
,
or
less
distinct
.
It
is
hence
therefore
evident
,
that
the
Lords
Spiritual
and
Temporal
,
are
taken
for
distinct
States
,
as
they
are
:
For
they
have
their
distinct
Interests
,
and
for
several
ends
and
purposes
became
parts
in
the
Government
.
They
have
their
several
Ministries
and
Advantages
to
the
Government
apart
,
and
come
into
that
House
,
by
several
ways
of
Designation
and
Appointment
.
The
Prelates
care
,
besides
that
which
is
common
between
them
and
the
Temporal
Lords
,
is
that
of
Religion
,
and
the
Affairs
of
the
Church
,
and
the
whole
Order
Ecclesiastical
,
by
which
the
People
are
to
be
ministred
to
in
their
highest
Concernments
;
which
are
Reasons
very
sufficient
to
reckon
and
account
them
a
distinct
State
.
And
now
we
have
asserted
to
the
Prelates
a
Jus
Paritatis
in
the
House
of
Lords
,
for
that
they
are
complete
Barons
,
as
we
have
likewise
proved
them
a
distinct
State
.
The
Baronage
of
England
is
the
House
of
Lords
.
Additions
of
Title
give
Precedency
,
but
no
Superiority
or
addition
of
Power
.
The
Baronage
is
one
Order
and
Rank
,
and
the
highest
in
the
Census
of
the
Government
,
the
manner
of
the
Promotion
,
the
Ends
and
Interests
of
the
Government
in
the
advancement
of
the
Bishops
,
though
several
from
those
that
advanced
the
Temporal
Lords
to
their
State
and
Honour
;
yet
to
the
same
degree
they
are
promoted
,
they
are
both
Members
of
the
same
great
Council
,
of
the
same
great
Judicature
,
and
are
therefore
by
their
long
continuance
most
duely
styled
Pares
Regni
.
And
moreover
the
Bishops
are
considered
as
to
their
Order
and
Office
Ecclesiastical
,
and
another
care
incumbent
upon
them
besides
that
of
the
Baronage
;
and
the
Orders
that
belong
to
the
consideration
of
Heralds
do
signifie
,
that
their
Office
of
a
Bishop
doth
not
lessen
the
Dignity
of
their
Peerage
.
What
is
it
then
that
makes
this
present
Question
?
The
Bishops
have
the
reason
and
nature
of
the
Government
of
their
side
,
they
have
used
such
a
power
when
they
have
pleased
,
it
was
never
denied
to
them
,
and
their
right
hath
had
the
most
solemn
Recognition
that
can
be
made
.
The
Canon
could
not
abridge
and
restrain
their
right
,
and
their
true
Character
qualifies
them
not
onely
to
the
degree
of
an
unexceptionable
Judge
,
but
renders
them
most
fit
and
desirable
.
For
besides
their
Wisdom
and
Justice
,
common
with
that
of
the
Temporal
Lords
,
they
are
intended
of
the
greatest
tenderness
and
compassion
,
and
must
be
so
if
they
comport
themselves
with
agreeableness
to
their
Character
and
Function
.
They
are
not
ordinarily
engaged
in
the
Factions
of
the
Temporal
Grandees
,
and
Religion
being
their
business
,
they
are
more
under
the
powers
of
it
;
that
being
their
glory
and
their
first
greatness
,
that
which
promoted
them
to
their
Secular
Honour
and
Dignity
,
and
that
which
must
support
it
.
Their
Interest
is
Religion
,
and
therefore
they
are
the
more
obliged
in
all
their
outward
acts
to
comport
with
it
.
They
,
out
of
an
universal
charity
,
understand
,
that
it
is
mercy
and
compassion
to
the
innocent
to
punish
the
nocent
person
;
and
yet
they
can
,
in
the
administration
of
punitive
Justice
,
attemper
the
severities
of
Laws
with
the
mercies
of
Religion
,
and
use
Compassion
to
the
Criminal
,
when
they
do
not
depart
from
the
unrelenting
Rules
of
Law
out
of
regard
to
the
publick
peace
:
and
by
such
demeanour
they
may
reconcile
the
Office
of
a
Judge
with
that
of
a
Priest
,
which
some
have
thought
incompatible
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Synes.
But
they
are
no
more
inconsistent
than
Power
and
Authority
,
which
united
makes
a
most
venerable
Magistrate
,
and
gives
him
the
greatest
advantage
of
serving
the
Community
.
—
Peragit
tranquilla
potestas
Quod
violenta
nequit
;
mandataque
fortiùs
urget
Imperiosa
quies
.
—
CHHP.
XVIII
.
AND
such
a
Judge
would
I
chuse
;
but
we
we
must
take
such
a
Judge
as
the
Law
appoints
.
Magna
Charta
is
objected
against
the
Bishops
right
in
the
question
,
which
saith
,
that
Nullus
liber
homo
capiatur
,
&c.
nec
super
eum
ibimus
,
nec
super
eum
mittemus
nisi
per
judicium
parium
suorum
.
The
Objector
omitted
to
add
or
consider
what
follows
,
viz.
Aut
per
legem
terrae
.
But
the
Statute
of
Magna
Charta
is
no
Literal
Law
,
as
every
body
knows
,
but
intending
to
confirm
the
Common
Law
,
it
is
upon
the
matter
Lex
non
scripta
;
it
alters
nothing
that
was
the
Common
Law
before
,
but
that
being
found
out
declares
what
Magna
Charta
establisheth
.
And
therefore
Peers
shall
be
tried
by
Commoners
in
Appeals
,
notwithstanding
the
Letter
of
Magna
Charta
;
for
otherwise
Peers
could
not
be
tried
at
all
,
nor
no
Justice
done
in
Appeals
,
which
is
the
Suit
of
the
Party
and
not
of
the
King
.
Privilege
must
be
always
set
aside
,
rather
than
a
faileur
of
Justice
shall
be
allowed
.
So
that
the
Law
before
Magna
Charta
and
since
,
whatsoever
it
was
,
must
determine
this
matter
.
The
Provisions
that
the
Law
hath
made
,
that
the
Nobles
and
the
Commonalty
shall
not
intermeddle
to
judge
any
persons
,
not
of
their
Order
,
is
a
most
prudent
Establishment
,
without
which
neither
Order
,
Justice
,
or
Peace
could
be
preserved
.
The
Envy
of
the
Commons
would
render
them
unfit
Judges
of
the
Peers
;
and
the
Animosities
of
the
Peers
would
render
them
unapt
to
sit
in
Judgment
upon
a
despised
Commoner
.
Besides
that
,
otherwise
the
Dignity
of
the
Order
of
Peers
would
suffer
,
for
the
Superiour
can
no
more
be
judged
with
any
congruity
,
than
blessed
by
the
Inferiour
.
This
is
a
reason
big
and
wise
enough
to
be
assigned
,
and
worthy
of
a
wise
Government
and
Polity
.
And
to
this
reason
the
words
of
the
Statute
of
25
E.
3.
cap.
2.
de
Proditoribus
,
do
point
,
De
ceo
soit
probablement
attaint
de
overt
fait
per
gens
de
lour
condition
.
And
therefore
it
seems
to
me
,
that
according
to
the
Reason
and
Design
of
the
Law
,
which
declares
the
Law
in
particular
Cases
,
that
Bishops
being
Barons
,
and
of
the
Peerage
of
England
and
of
that
Rank
and
Order
,
they
ought
to
be
,
tryed
by
those
of
their
own
Condition
:
And
the
denial
to
them
of
this
Priviledge
,
which
is
annex'd
to
,
and
is
a
resultance
from
the
Dignity
of
their
Order
,
is
a
departure
from
Magna
Charta
,
and
not
agreable
to
the
Provision
of
the
25
E.
3.
c.
2.
But
it
was
never
an
allowable
Exception
to
a
Judge
,
that
the
Judge
hath
not
so
good
an
Estate
,
or
other
Advantages
of
Fortune
,
equal
to
the
man
he
Judges
,
to
forfeit
,
in
case
the
Judge
be
a
Capital
Offender
;
upon
which
reason
,
the
Folio
Gentleman
grounds
his
Reasonings
against
the
Bishops
being
Tryers
of
Peers
.
He
argues
the
Bishops
incompetent
to
try
a
temporal
Baron
upon
this
reason
;
because
the
Bishop
hath
only
a
Peerage
for
his
Life
to
forfeit
.
But
who
can
be
satisfied
with
such
fine
and
slender
Reasoning
,
or
entertain
an
Opinion
that
is
not
bettern
grounded
?
I
would
not
be
thought
to
argue
or
maintain
,
that
Prelates
are
so
fit
to
be
appointeed
by
the
King's
Commission
,
to
try
a
Temporal
Peer
,
in
the
Court
of
a
Lord
High
Steward
,
out
of
Parliament
:
when
a
select
Number
of
Peers
are
to
be
appointed
for
Tryal
,
it
is
most
convenient
,
that
those
of
the
same
Species
of
the
Baronage
,
should
be
chosen
for
that
purpose
,
for
many
reasons
:
but
for
a
Tryal
of
a
Temporal
Peer
in
Parliament
,
which
is
the
Establishment
and
Appointment
of
the
Governmnt
,
and
not
of
the
King
's
special
Designation
(
notwithstanding
the
reason
of
the
Folio
)
for
Reasons
herein
alleadged
,
a
Bishop
is
a
most
fit
,
legal
,
and
competent
Judge
.
But
I
have
taken
too
much
notice
already
of
the
Errors
and
Mistakes
of
the
Folio
,
and
his
false
Reasonings
;
I
am
weary
of
such
Animadversions
:
I
shall
proceed
now
to
the
end
of
my
Discourse
;
without
making
any
more
Reflections
.
It
is
already
cleared
,
that
the
Bishops
are
compleat
Barons
,
that
they
are
of
the
State
of
the
Baronage
;
and
it
can
have
no
Consideration
how
they
came
by
it
,
nor
how
they
held
it
for
the
Modus
tenendi
,
doth
not
alter
or
diversifie
the
Honor.
And
for
my
part
,
I
cannot
find
reason
to
believe
,
but
that
the
Bishops
had
,
or
might
have
had
originally
their
Tryals
,
by
Peers
;
and
that
it
was
their
Right
in
Consequence
of
their
being
placed
in
that
Order
and
State
(
besides
that
they
have
a
Precedency
to
the
Temporal
Baronage
)
to
be
tried
by
the
Baronage
,
because
the
Law
for
the
reason
afore-mentioned
,
appoints
Tryals
per
Pares
.
But
the
contrary
practice
is
the
Strength
of
our
Adversaries
,
in
opposing
the
Peerage
of
Bishops
,
which
we
shall
therefore
now
consider
of
.
It
is
certain
,
that
in
all
Tryals
,
wherein
Bishops
are
concerned
,
whether
Plaintiffs
,
or
Defendants
,
in
Actions
real
,
as
well
as
personal
,
whether
the
Lands
of
the
Church
are
concerned
or
not
,
a
Knight
is
to
be
returned
upon
the
Jury
,
that
is
,
to
try
the
Issue
.
I
will
not
trouble
the
Reader
with
Law
Cases
,
any
Gentleman
that
pleaseth
may
examine
the
Truth
of
what
I
say
.
This
priviledge
therefore
cannot
be
in
respect
of
the
Lands
of
the
Bishoprick
(
as
the
Folio
would
have
it
)
but
of
the
persons
of
the
Bishops
,
a
respect
to
the
Order
and
Peerage
of
the
Bishops
.
It
is
the
same
Priviledge
,
and
as
large
as
the
Temporal
Peers
enjoy
in
this
matter
,
which
is
,
that
the
worthiest
and
best
of
the
Commoners
,
which
are
Knights
,
should
be
impannelled
upon
a
Jury
,
where
either
a
Spiritual
or
Temporal
Baron
is
concern'd
;
besides
that
,
I
find
a
single
Remembrance
as
high
,
as
13
E.
3.
in
Brooks
Tryal
142.
(
the
Reports
of
that
year
are
not
printed
)
of
the
Bishops
Right
of
Peerage
in
a
Capital
Cause
;
the
Book
is
Evesque
est
Peere
de
Realme
,
&
serva
try
per
Peres
in
Crime
.
But
how
this
Right
came
to
be
discontinued
,
and
to
lose
remembrance
,
we
shall
presently
account
for
;
but
I
cannot
think
it
Sence
,
which
some
of
our
Lawyers
have
said
for
this
purpose
,
that
a
Bishop
,
his
being
a
Baron
,
is
Ratione
Tenurae
,
and
not
personal
;
which
is
all
one
as
to
say
,
that
the
Bishop
is
a
Baron
,
but
his
Person
is
not
a
Baron
;
but
his
Peerage
and
Baronage
,
is
no
other
in
truth
,
than
an
Honor
accumulated
upon
the
Person
of
a
Bishop
,
together
with
his
Office
.
But
to
excuse
them
,
they
thought
themselves
obliged
to
give
a
reason
why
Bishops
are
not
(
as
the
Law
is
taken
)
to
be
tryed
by
Peers
,
but
by
a
Common
Jury
,
which
grew
into
practice
by
accident
,
and
was
not
ever
so
in
probability
;
but
certainly
is
very
irregular
,
and
extream
incongruous
;
and
therefore
to
give
a
good
reason
,
for
it
is
too
hard
a
task
to
be
undertaken
;
and
he
that
will
undertake
to
give
a
reason
of
that
which
is
unreasonable
,
and
go
about
to
prove
a
thing
fit
which
is
incongruous
,
must
likely
speak
things
equally
incongruous
,
absurd
and
unreasonable
.
But
to
speak
what
the
truth
is
in
this
matter
,
the
Bishops
and
the
whole
Order
of
Clergy
did
challenge
to
be
exempt
from
the
Jurisdiction
of
Secular
Courts
;
but
the
Bishops
,
as
is
objected
,
never
waved
their
jus
paritatis
,
upon
Arraignment
in
inferior
Courts
.
They
only
never
insisted
upon
it
:
For
they
had
a
better
way
to
escape
,
by
setting
up
the
pretended
Rights
and
Priviledges
of
their
Order
,
and
that
Church
,
for
exempting
themselves
from
the
Jurisdiction
of
the
Temporal
Courts
;
and
by
this
means
,
they
did
escape
unpunished
for
the
most
part
.
Though
there
were
several
Abatements
made
by
the
provision
of
the
Laws
,
and
the
Wisdom
of
the
Judges
,
to
their
unreasonable
pretences
therein
;
yet
they
always
got
off
by
their
pretended
priviledge
,
if
not
with
impunity
,
yet
with
some
protection
at
least
from
Justice
;
and
farther
they
thought
perhaps
they
might
at
least
avoid
being
thought
guilty
of
the
Crimes
objected
,
whilst
they
used
this
pretence
for
a
reason
why
they
would
not
make
a
Defence
.
And
sure
in
all
Offences
but
Treason
,
they
escaped
with
their
Lives
before
the
Statutes
that
took
away
the
benefit
of
Clergy
,
in
some
Cases
of
the
greatest
Guilt
,
and
even
in
the
Case
of
Treason
,
the
Criminal
ever
had
the
Advocation
and
Intercession
of
the
Church-power
and
Interest
,
because
the
priviledge
they
contended
for
,
was
so
great
and
valuable
a
Concernment
(
as
they
esteem'd
it
)
to
the
Order
of
the
Clergy
.
But
by
this
means
,
the
memory
of
the
Use
of
this
Right
and
Priviledge
was
lost
,
and
the
Detestation
of
a
Crime
in
a
Prelate
,
provided
him
a
speedy
and
ready
Justice
,
such
as
was
at
hand
;
and
at
length
,
Bishops
themselves
,
unadvisedly
,
and
being
born
down
by
the
Common
Opinion
thus
grounded
and
occasioned
,
did
submit
to
Tryals
by
Juries
.
It
is
enough
to
have
given
an
account
,
how
this
Anamolous
piece
of
Law
came
about
.
But
Anamolous
Cases
never
make
Rules
,
nor
destroy
any
.
Nor
is
it
to
be
drawn
into
consequence
,
whatever
is
a
departure
from
the
Establishment
to
destroy
it
quite
.
Positive
Constitutions
,
of
which
no
Reasons
can
be
given
why
they
are
so
,
can
infer
or
argue
nothing
.
Reason
cannot
make
Law
,
though
it
is
a
fair
inducement
:
but
our
Reason
is
most
perversly
imployed
,
when
it
proceeds
from
the
Irregularities
that
happen
in
Human
Affairs
,
and
are
shuffled
upon
us
by
length
of
time
by
violence
and
iniquity
,
and
a
heap
of
Accidents
to
argue
us
into
more
,
and
to
refix
that
which
is
regular
,
and
remains
firm
.
In
quo
quis
peccat
,
in
eo
punietur
.
Is
it
not
enough
,
that
the
Order
now
suffers
a
diminution
of
their
dignity
,
by
reason
of
the
contumacy
of
the
Popish
Prelates
their
Predecessors
,
and
that
their
Refusals
to
submit
to
Temporal
Justice
are
visited
upon
the
Succession
?
Severe
enough
this
is
in
it self
.
But
why
should
any
man
expect
,
that
this
Age
in
consequence
of
this
should
be
persuaded
,
and
reasoned
to
exclude
the
Bishops
out
of
their
remaining
right
?
'T
is
no
more
to
be
expected
,
than
that
a
man
that
hath
one
hand
withered
and
mortified
with
the
Palsie
,
should
be
persuaded
to
cut
off
the
other
for
conformity
.
We
know
how
the
Prelates
fell
from
their
primitive
Dignity
,
of
being
tried
by
those
of
their
own
Order
,
and
were
submitted
to
be
tried
by
Juries
of
Commoners
.
It
would
be
therefore
consonant
and
agreeable
to
the
Dignity
of
Barons
,
and
Lords
of
Parliament
,
(
for
such
the
Bishops
are
)
that
they
be
restored
to
their
ancient
right
in
the
matters
of
Trials
,
as
mistaken
Law
is
rectified
by
an
Act
of
Parliament
.
A
wise
Act
of
State
it
would
be
,
to
redintegrate
the
Honour
of
the
Baronage
of
England
,
the
whole
Baronage
suffering
dishonour
by
a
mutilation
of
so
Honourable
a
Privilege
in
one
of
the
membra
dividentia
of
that
body
,
whilest
the
Bishops
are
thrown
to
common
Jurors
.
Especially
since
the
incongruity
thereof
hath
given
occasion
to
some
men
,
to
question
one
another
of
the
jura
paritatis
,
which
belongs
to
the
Prelates
,
and
to
dispute
their
right
of
Session
in
that
House
,
in
one
of
the
most
important
Concerns
of
the
Government
.
But
however
this
Irregularity
is
discoursed
,
it
doth
not
affect
the
Right
of
the
Prelates
now
in
dispute
;
for
though
Bishops
are
tried
by
Commoners
out
of
Parliament
,
as
the
Law
is
now
generally
taken
;
yet
that
they
are
to
be
tried
by
Peers
in
Parliament
our
Adversaries
do
not
deny
.
And
that
they
may
and
ought
to
sit
in
judgment
upon
Temporal
Lords
in
Parliament
in
Capital
Causes
,
we
have
clearly
proved
.
So
that
the
Reciprocal
of
a
Bishops
being
judged
and
judging
in
Capital
Causes
in
Parliament
is
intire
,
and
in
this
they
continue
duly
pares
.
But
that
it
may
not
depend
upon
our
Adversaries
Concessions
,
that
Bishops
may
be
tried
by
Peers
in
Parliament
;
for
he
is
not
always
constant
to
himself
,
and
may
take
back
what
he
hath
yielded
;
we
shall
here
subjoyn
a
short
demonstrative
proof
,
that
the
Bishops
ought
to
be
tried
by
Peers
in
Parliament
.
And
that
they
have
been
declared
and
taken
for
Peers
,
and
under
that
Character
tried
;
when
if
they
had
not
been
reckoned
and
deemed
Peers
,
they
could
not
have
received
Tryal
in
Parliament
;
and
it
is
thus
:
Edward
the
Third
had
prevailed
with
the
Lords
against
their
good
will
to
condemn
the
Earl
of
March
;
Sir
Simon
Beresford
,
John
Matrevers
,
Boys
de
Boyons
,
John
Devard
,
Thomas
de
Gowrney
,
William
Ogle
,
for
the
Murder
of
Edward
the
Second
his
Father
and
the
Earl
of
Kent
;
all
of
them
Commoners
but
the
Earl
of
March
.
The
Lords
were
afterwards
sensible
of
the
Injustice
and
Irregularity
of
their
Proceedings
,
in
judging
and
condemning
Commoners
;
and
for
the
avoiding
of
the
like
for
time
to
come
,
an
Act
of
Parliament
was
made
which
followeth
,
viz.
El
est
assensu
&
accord
per
nostre
Seigniour
le
Roy
,
&
touts
les
gents
en
plein
Parlement
,
per
tant
que
les
dits
Peres
come
Judges
du
Parlement
pristerint
en
le
presence
nostre
Seigniour
le
Roy
,
a
faire
&
a
render
les
dits
judgments
passant
du
Roy
,
sur
ascun
de
ceux
que
n'estoient
pas
leur
Peres
,
&
ce
que
encheson
de
murdre
de
Seignior
Lige
,
&
destruction
de
celuy
que
fu
sipres
de
Sank
Royal
,
&
fits
du
Roy
,
que
per
les
dits
Peres
,
que
ore
sont
ou
les
Peres
que
serront
en
temps
aveniz
ne
soient
,
mes
tenus
ne
charge
a
rendre
judgments
sur
auter
que
sur
lour
peres
ne
ace
fair
mes
eiont
les
peres
de
la
terre
poer
eins
de
ceo
pur
tout
Jours
ore
venu
soient
discharges
&
quietes
&
qui
les
avant
dits
judgments
ore
rendus
ne
soient
ensample
nen
sequence
en
temps
avenir
per
quoi
les
dits
peres
puissent
estre
charges
desore
judges
autres
que
lour
peres
contre
la
ley
de
la
terre
si
autiel
case
deveigne
,
que
Dieu
defend
.
Rot.
Parl.
4
E.
3.
11.
6.
This
the
Author
of
the
grand
Question
concerning
the
Judicature
of
the
House
of
Peers
,
would
have
but
an
Order
of
the
House
,
and
no
Act
of
Parliament
,
because
it
served
his
purpose
to
have
it
so
;
but
for
no
other
reason
which
he
offers
in
that
Book
:
but
that
it
was
an
Act
of
Parliament
,
will
appear
by
a
Record
,
which
my
worthy
Friend
Mr.
Petyt
,
a
most
Industrious
and
Sagacious
Enquirer
into
the
Records
of
Elder
Times
,
hath
furnished
to
me
,
which
is
a
Writ
directed
to
the
Barons
of
the
Exchequer
,
wherein
the
afore-recited
Record
is
mentioned
,
and
called
an
Act
of
Parliament
,
viz.
Rex
Thes.
&
Baronibus
suis
de
scaccariis
salutem
;
mittimus
nobis
sub
pede
sigilli
nostri
quaedam
Judicia
in
Parliamento
nostro
apud
Westm.
nuper
tent'
per
Comites
,
Barones
,
&
alios
Pares
Regni
,
super
Rogero
de
Mortuo
Mari
,
&
quosdam
alios
reddita
,
necnon
quondam
Concordiam
per
nos
&
Pares
praedict'
,
necnon
Communitatem
Regni
nostri
in
eodem
Parl.
to
fact'
super
premissis
mandamas
quod
Judicia
&
Concordiam
praedict'
,
in
Scaccario
nostro
praedict
'
coram
vobis
legi
&
publicari
,
&
ibid.
seriatim
,
in
Rotulari
,
&
de
caetero
ibid.
observari
Fac'
.
Teste
meipso
apud
Windsor
.
15.
die
Februarii
,
Anno
Regni
nostri
quinti
,
adhuc
Brevia
directa
Baronibus
de
termino
,
Sancti
Hilar.
anno
5
E.
3.
R.
33.
penes
Rememor
.
Domini
Regis
in
Scaccario
.
To
compleat
our
Argument
,
the
Concordia
appears
now
an
Act
of
Parliament
to
the
purpose
,
that
the
Lords
should
not
give
Judgment
upon
others
than
their
Peers
;
yet
we
find
the
Bishops
afterwards
judged
in
Parliament
,
and
that
in
times
near
the
making
of
this
Act
,
when
we
may
be
allowed
to
presume
they
knew
this
Law
(
and
besides
the
practice
hath
been
conformable
to
the
Law
,
since
,
as
our
Adversary
confesseth
)
and
particularly
to
mention
no
more
,
the
Bishop
of
Norwich
,
in
the
7
R.
2.
And
Thomas
Arundel
,
Arch-bishop
of
Canterbury
,
21
R.
2.
both
for
Treason
,
were
tryed
in
Parliament
,
by
Peers
;
which
Cases
are
before
mentioned
to
another
purpose
.
There
was
likewise
an
Act
of
Parliament
,
made
13
E.
3.
n.
7.
that
the
Nobles
of
the
Land
should
not
be
put
to
answer
,
but
in
open
Parliament
,
by
their
Peers
:
but
two
years
after
that
Act
was
repealed
;
otherwise
we
should
not
have
since
heard
of
Tryals
of
Bishops
by
common
Juries
in
Capital
Causes
.
And
when
the
Lay-peers
can
again
procure
and
provide
for
themselves
such
a
Law
,
they
will
not
,
I
hope
,
envy
the
Bishops
,
if
they
find
them
therein
included
.
CHAP.
XIX
.
BUt
after
all
that
hath
been
said
,
it
will
be
yet
necessary
to
advertise
the
Reader
for
informing
and
settling
a
true
Judgment
of
the
Right
of
the
Cause
,
that
in
Questions
of
this
Nature
,
we
can
only
arrive
to
a
moral
Certainty
,
which
is
made
by
incomparably
the
greatest
probability
.
That
we
cannot
be
answered
,
but
by
producing
something
,
at
least
,
equally
probable
to
all
the
several
parts
of
our
Discourse
that
are
to
the
question
,
if
by
any
Objection
they
should
render
any
one
part
of
our
Discourse
doubtful
,
they
would
do
nothing
,
except
they
can
do
so
to
all
the
rest
;
which
can
be
done
only
by
offering
something
more
probable
.
For
when
many
probabilities
are
concurring
to
prove
the
same
thing
,
they
do
not
singly
stand
upon
their
own
Credit
;
but
they
are
all
assisted
by
their
Conjunction
,
and
give
Aids
mutually
to
support
every
one
single
probability
.
This
is
but
necessary
to
be
said
,
for
that
I
see
this
Question
will
be
kept
up
and
defended
,
with
Obstinacy
,
Passion
,
Interest
,
and
unreasonable
Contention
.
And
farther
,
that
it
is
very
undecent
,
that
a
question
of
this
Greatness
,
concerning
a
matter
grave
and
important
,
should
be
endlesly
vexed
with
trifling
Objections
of
the
Nequam
ingeniosi
.
To
prevent
therefore
the
Caprice
,
Captions
,
Cavillations
,
trifling
Criticisms
,
forcing
of
a
Grammatical
Sence
of
Words
,
against
their
true
and
easie
meaning
,
most
agreable
to
the
subject
matter
,
to
the
occasion
of
speaking
of
them
,
and
their
probable
intendment
,
and
to
the
understanding
of
the
Times
when
they
were
spoken
.
And
that
we
may
be
no
longer
,
or
more
troubled
with
their
Opposings
to
that
which
is
fairly
probable
,
an
imagination
of
something
barely
possible
,
and
which
otherwise
doth
appear
notoriously
false
.
That
Objections
neither
from
the
loose
Stile
,
especially
of
partial
Historians
,
nor
from
Records
of
Matters
dark
and
obscure
,
which
leave
us
in
doubt
of
their
true
meaning
,
and
therefore
can
be
no
ground
for
Argument
;
nor
from
the
various
sence
of
words
,
which
they
make
to
stand
for
this
or
that
,
as
it
serves
their
turn
.
At
which
rate
nothing
will
be
certain
,
because
few
words
have
one
single
determinate
Sence
,
may
any
longer
continue
the
Subterfuge
of
a
desperate
Cause
,
and
matter
of
endless
Dispute
.
I
appeal
to
the
World
,
whether
such
like
Objections
deserve
an
Answer
,
(
for
to
some
of
these
Topicks
,
whatever
shall
be
produced
by
our
Adversaries
will
be
reduced
:
)
And
whether
they
are
not
rude
and
imperious
to
the
Dignity
of
the
Right
in
question
,
to
draw
it
to
a
Tryal
,
by
such
mean
and
incompetent
ways
,
and
unjust
measures
,
as
they
are
otherwise
in
the
Management
of
this
Question
,
to
the
persons
of
those
that
are
concerned
in
it
.
It
is
with
passion
to
be
resented
,
that
so
noble
a
Question
should
be
tryed
by
such
means
,
and
incompetent
ways
of
Probation
,
and
by
such
unnatural
measures
,
which
can
be
endured
by
none
but
such
,
who
have
no
measures
of
Right
,
but
an
agreableness
to
their
own
Projects
;
and
who
are
upon
the
search
of
Colors
and
Pretences
,
to
change
and
alter
our
Government
,
or
hurt
it
in
a
Vital
part
,
and
begin
with
the
Bishops
,
to
take
down
our
Government
.
CHAP.
XX.
I
Have
farther
this
just
Caution
to
add
,
for
the
warding
of
some
other
undue
prejudices
in
the
Consideration
of
this
question
,
that
our
Government
did
not
continue
the
same
after
,
and
before
the
Conquest
;
and
that
the
Government
upon
the
Conquest
,
hath
received
since
many
beneficial
Alterations
.
That
the
Bishops
Right
must
be
considered
in
Analogy
to
those
several
Alterations
,
and
in
consequence
,
they
ought
not
to
be
considered
as
Barons
by
Tenure
,
when
Tenure
ceased
to
be
the
reason
of
Baronage
.
The
contrary
whereof
,
I
find
insisted
upon
,
and
made
the
reason
,
why
Bishops
must
not
be
tried
by
Peers
.
And
the
same
reason
will
serve
to
eject
them
out
of
the
House
at
the
Kings
pleasure
;
because
forsooth
several
Barons
by
Tenure
have
been
omitted
in
Summons
to
Parliament
,
and
no
Lay
Baron
now
(
they
say
)
is
summoned
upon
that
score
;
but
for
that
he
is
a
Baron
by
Writ
or
by
Patent
,
which
makes
a
permanent
Nobility
in
their
Families
.
But
that
which
is
now
our
Government
,
in
what
it
differs
from
what
it
was
anciently
,
as
it
is
not
less
rightfully
our
Government
because
it
was
not
ever
such
,
so
it
deserves
our
greatest
zele
to
defend
it
because
it
is
much
better
.
Governments
are
(
I
am
sure
ours
is
)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
form'd
and
fashioned
and
refined
by
long
experience
:
they
are
not
perfected
as
soon
as
made
,
they
have
their
Infant
state
as
well
as
Men.
The
elder
and
first
times
are
the
Childhood
of
Government
,
and
of
the
World
;
Antiquitas
seculi
juventas
mundi
.
It
is
egregious
folly
in
any
man
,
to
attempt
to
reduce
us
back
again
to
the
rudeness
of
the
first
Ages
,
and
to
all
the
inconveniences
that
have
been
discharged
and
filed
off
insensibly
by
Experience
and
Wisdom
the
daughters
of
Time
,
in
a
long
series
of
Ages
.
We
neither
eat
,
drink
,
nor
cloath
our selves
,
nor
build
after
the
manner
of
our
Ancestours
,
but
according
to
our
improved
Inventions
.
Vnde
datae
populis
fruges
&
glande
relictâ
?
Cesserat
inventis
Dodonia
quercus
Aristis
.
Claud.
de
raptu
Proserpinae
.
It
is
time
ill
spent
by
some
of
the
Antiquaries
,
to
go
about
to
refix
the
present
established
Government
,
by
endeavouring
to
find
out
the
Records
,
wherein
it
appears
to
have
been
other
,
of
which
we
have
some
published
,
and
are
threatned
with
more
.
But
they
will
have
no
other
effect
(
I
hope
)
than
to
provoke
us
to
give
God
thanks
for
the
wisdom
of
our
Forefathers
,
and
that
they
have
left
us
a
Government
much
better
than
what
they
found
,
more
just
and
peaceable
,
and
better
established
for
a
lasting
continuance
:
Though
they
perversly
design
it
as
an
Artifice
to
overturn
the
State
,
and
to
evacuate
our
most
refined
and
wisest
Constitutions
.
For
that
they
can
find
something
before
then
,
they
would
note
them
to
want
Authority
and
Justice
.
We
ought
(
say
they
)
to
have
recourse
to
the
primitive
Laws
of
the
State
,
which
have
been
abolished
by
unjust
Customs
and
Usurpations
.
This
is
a
Game
at
which
we
are
sure
to
lose
all
,
nothing
will
be
found
just
in
this
Balance
.
And
by
these
means
some
base
Factors
for
Slavery
are
contriving
the
ruine
of
our
Liberty
:
but
this
they
will
effect
when
they
shall
have
persuaded
us
to
suffer
again
all
the
incommodities
and
coursnesses
of
Life
,
which
our
Ancestors
suffered
because
they
were
no
better
instructed
:
Frugibus
inventis
ad
glandes
velle
reverti
.
The
great
change
that
was
made
in
the
Baronage
of
England
which
we
have
observed
,
was
remedial
and
healthful
.
It
s
Goodness
doth
appear
by
the
thorough
Cure
it
made
of
our
Disorders
:
for
we
have
not
since
relaps'd
into
these
Evils
,
from
which
we
recover'd
by
that
Change
.
It
was
Legal
,
and
with
full
Consent
of
the
whole
Community
:
For
it
was
introduced
without
Noise
,
without
Opposition
or
Dispute
;
nay
,
without
Observation
:
So
that
we
hear
not
how
it
was
done
;
but
only
perceive
the
Change
.
These
are
sure
Signs
,
that
we
arrived
by
this
Change
,
where
our
Government
did
at
first
design
us
;
and
that
we
were
agreable
to
this
Alteration
,
to
its
first
Intentions
.
That
all
Parties
herein
received
their
Satisfactions
,
and
found
their
Interest
,
that
no
body
was
aggrieved
at
it
,
neither
did
it
raise
Wonder
in
any
man
;
it
was
every
man's
Desire
and
easie
Expectation
,
which
I
believe
are
the
true
Reasons
why
this
Change
is
not
more
remark'd
in
our
Histories
.
But
pity
it
is
,
that
through
the
Injury
of
Time
,
and
(
what
is
reasonably
suspected
)
the
Iniquity
of
Corrupt
Ministers
;
that
we
want
our
Records
of
that
time
,
which
could
not
have
fail'd
,
telling
us
,
the
whole
Secret
,
by
what
means
the
Inducements
thereto
,
the
Methods
whereby
,
and
the
exact
time
when
we
made
our
Alterations
in
our
Government
,
materially
,
and
in
its
essential
parts
always
the
same
.
Of
this
our
Records
,
if
they
had
been
preserved
to
us
intire
,
would
have
inform'd
us
;
but
alas
,
we
have
but
a
few
Remains
of
them
.
Apparent
rari
nantes
in
gurgite
vasto
.
And
of
those
that
have
arrived
us
,
many
are
but
References
and
Recitals
in
other
Records
,
not
the
Original
Records
themselves
,
by
which
the
Original
Records
escaped
an
utter
Oblivion
against
the
Will
of
our
Civil
Expurgatories
.
But
of
such
that
remain
,
the
most
laudable
Use
of
them
,
is
,
to
give
Authority
to
the
present
State
of
our
Government
;
and
we
ought
with
good
reason
to
interpret
them
in
an
agreableness
to
the
present
Establishment
,
because
the
Change
we
suffer'd
,
was
easie
and
natural
,
ex
Hercule
pedem
,
to
invert
the
Proverb
:
For
it
is
easier
to
know
what
Foot
will
fit
Hercules
,
than
to
fit
an
Hercules
to
a
Foot
given
.
CHAP.
XXI
.
THough
our
Government
hath
always
consisted
of
the
same
constituent
parts
;
yet
they
have
been
ill
sized
,
and
proportioned
and
unduely
placed
,
not
well
joyned
or
united
,
or
so
blended
,
that
neither
could
perform
their
Offices
or
proper
Functions
.
The
Baronage
of
England
was
an
over-grown
part
,
and
did
by
its
Excess
and
extravagant
Bulk
,
disorder
the
whole
Oeconomy
of
our
Government
,
and
became
it self
less
useful
.
The
Honor
of
the
Baronage
was
lessened
to
nothing
by
the
Numbers
thereof
;
they
did
not
find
themselves
so
much
obliged
,
to
support
the
Majesty
of
the
King
,
for
the
Preservation
of
their
own
Grandeur
,
as
our
great
Barons
are
in
our
present
Constitution
.
The
People
were
in
some
sort
represented
by
them
,
as
they
were
a
great
Body
of
the
Chiefest
Free-holders
;
but
they
had
a
power
to
oppress
them
,
and
they
were
not
obliged
by
so
strong
a
Tye
,
and
plain
Duty
to
a
care
of
the
People
,
because
not
chosen
by
them
;
and
by
that
Choice
,
put
under
a
more
clear
and
strict
Trust
of
taking
care
of
their
Rights
.
In
this
Constitution
,
neither
King
,
Lords
nor
Commons
had
their
Ends
;
and
therefore
would
not
have
the
old
Constitution
revived
,
if
it
were
possible
.
When
the
Representatives
of
the
People
,
which
make
the
House
of
Commons
,
were
joyned
with
the
Lords
,
and
sate
in
one
House
,
they
could
not
discharge
that
Office
of
a
Representative
,
so
well
,
as
since
they
are
divided
from
them
and
make
a
distinct
House
.
They
could
not
well
use
that
Freedom
of
Speech
and
Debate
,
under
the
Observation
of
the
great
Lords
,
upon
whom
the
Principal
Gentlemen
had
great
Dependencies
.
Their
Consent
was
often
very
improperly
such
;
for
he
only
truly
and
naturally
consents
,
who
hath
entire
Freedom
to
dissent
,
Si
vis
scire
an
velim
,
effice
ut
possim
nolle
.
In
the
granting
Aids
for
the
Support
of
the
Government
,
and
Defence
of
the
Kingdom
,
a
Matter
of
the
greatest
Importance
,
the
Clergy
,
Nobility
,
and
Commons
stood
divided
,
and
could
not
,
as
the
Ancient
Constitution
was
,
by
one
Act
of
State
,
be
regularly
and
proportionably
taxed
,
according
to
the
Exigency
of
the
Affairs
,
and
their
respective
Abilities
;
but
those
three
Orders
taxed
themselves
in
such
measures
as
they
pleased
,
which
made
the
Kingdom
Geryon-like
,
a
Monster
of
three
Bodies
.
Their
several
Concessions
,
by
this
means
,
not
likely
to
be
always
equal
,
and
in
the
whole
not
competent
to
the
instant
necessity
.
The
Bishops
,
Abbots
,
and
other
Ecclesiastical
persons
of
the
Saxons
time
,
held
their
Lands
free
from
all
Secular
Services
;
besides
,
Trinoda
Necessitas
,
viz.
Expedition
,
i.
e.
Supply
for
War
,
pontium
&
arcium
extructio
.
But
King
Ethelbald
did
grant
,
that
the
Ecclesiasticks
should
be
freed
from
all
publick
Charges
,
except
for
the
Building
and
Repairing
of
Castles
and
Bridges
,
Ingulphus
,
pag.
853.
The
like
Immunity
was
allowed
to
the
Clergy
of
the
Empire
,
by
Honorius
and
Theodosius
,
Lib.
4.
Cod.
Just.
de
priv
.
Dom.
Aug.
By
the
Great
Charter
their
Priviledges
were
confirmed
.
And
for
this
reason
the
Clergy
have
taken
themselves
not
of
Right
chargeable
to
Aids
granted
to
the
King
by
Parliament
.
This
Exemption
hath
been
envied
to
them
,
and
made
matter
of
Reproach
,
though
unduely
in
after
Ages
.
But
notwithstanding
this
Exemption
,
they
have
aided
the
Crown
with
Supplies
frequently
;
yet
in
such
manner
as
asserted
and
saved
their
ancient
Priviledge
of
being
exempt
,
that
is
,
they
would
not
suffer
themselves
to
be
involved
in
a
general
Law
;
but
of
their
own
Freedom
and
Will
,
gave
to
the
King
;
which
Concessions
were
notwithstanding
not
legal
,
unless
confirmed
by
Parliament
,
to
whom
belonged
always
the
power
of
judging
of
the
Freedom
and
Ends
of
giving
Aids
and
Benevolences
,
and
the
necessity
that
required
them
.
But
in
the
last
Ages
,
they
have
,
for
their
Commendation
and
Honor
,
waved
their
pretences
of
Priviledge
and
Exemption
;
and
for
the
sake
of
Common
Justice
,
and
the
Publick
Weal
,
for
avoiding
,
being
thought
less
in
their
Duty
to
the
Publick
,
than
their
Order
required
.
And
for
the
better
ascertaining
,
and
more
equally
adjusting
the
Parliamentary
Aids
,
they
have
submitted
to
be
taxed
by
Acts
of
Parliament
.
The
Commons
in
Parliament
we
find
as
late
as
Henry
7.
taxing
only
the
Commons
,
and
that
by
Indenture
between
them
and
the
King
(
This
Form
of
Grant
,
is
utterly
exclusive
of
the
Lords
Power
,
to
charge
the
quantum
,
times
of
Payment
,
or
ways
of
Levying
of
the
Aids
granted
)
wherein
they
subject
all
Lands
to
the
Levies
thereof
;
but
the
Lands
of
the
Lords
in
Parliament
,
or
Land
amortis'd
to
the
Church
.
Such
an
Indenture
was
made
in
Parliament
held
at
Westminster
,
10
H.
7.
and
is
pleaded
at
large
in
Rastals
Entr.
fol.
135.
But
of
late
our
Government
hath
cleared
it self
from
that
grand
inconveniency
.
The
Commons
in
Parliament
,
and
those
whom
they
represent
,
being
far
the
greatest
Proprietors
,
they
reasonably
challenge
it
their
Right
,
to
propound
all
Aids
,
and
appointing
the
Levies
and
Methods
of
raising
them
,
which
(
because
it
must
be
agreed
,
that
the
Commons
in
no
congruity
can
tax
the
Lords
authoritatively
,
or
impose
upon
them
)
must
have
civilem
intellectum
,
that
is
,
the
Commons
in
a
Bill
of
Aids
do
propound
,
that
they
will
agree
on
the
behalf
of
the
Commonalty
,
that
they
shall
be
taxed
as
the
Bill
propounds
,
if
the
Lords
for
their
part
will
agree
the
same
.
CHAP.
XXII
.
NEither
was
our
ancient
Government
without
great
faults
and
inconveniences
in
the
conduct
of
Religion
,
the
principal
care
of
all
Governments
on
the
one
side
,
by
confounding
Administrations
,
which
should
have
been
kept
distinct
;
which
was
the
fault
of
our
Government
in
the
Saxons
time
,
and
by
utterly
disjoyning
and
severing
the
Church
and
State
,
and
not
tying
the
Ecclesiasticks
to
a
just
dependency
upon
the
State
,
which
was
the
Evil
of
after
times
;
that
is
to
say
,
the
Ecclesiasticks
were
left
to
themselves
to
convene
Councils
,
and
to
make
Canons
,
without
any
dependence
upon
,
or
relation
to
Parliaments
.
The
Constitution
was
such
in
the
Saxons
time
,
that
the
Synods
or
Councils
which
govern'd
in
Religious
matters
were
the
same
,
with
their
great
Council
or
Parliament
:
By
these
means
all
the
Rules
and
Orders
that
were
made
in
the
matters
of
Religion
were
not
Canons
,
which
are
of
the
nature
of
Councils
,
but
Laws
,
and
obliged
those
that
contravened
them
to
temporal
punishment
.
The
Church
was
thereby
turned
into
a
Dynasty
,
and
Religion
was
against
its
nature
promoted
by
force
,
which
can
onely
truly
obtain
by
persuasion
.
And
wheresoever
this
is
in
practice
and
use
,
the
Clergy
to
the
great
scandal
of
their
Office
,
will
be
entituled
to
all
the
Severities
that
shall
be
inflicted
upon
Dissenters
.
Heretofore
the
Councils
of
the
Church
,
and
the
Authority
of
the
State
,
were
unduly
confounded
.
After
that
we
had
Legatine
Councils
,
and
Provincials
convened
by
the
Archbishops
as
they
pleased
,
not
under
the
observation
and
controll
of
the
Civil
Power
;
by
which
many
inconveniences
were
occasioned
,
many
embroilments
of
the
people
happened
,
the
Authority
of
the
Prince
lessened
,
and
Civil
Rights
encroached
upon
;
the
validity
of
several
good
Laws
made
in
Parliament
disputed
,
clamoured
against
,
and
sentenced
as
unlawful
;
for
want
of
a
due
subservience
and
dependence
of
the
Ecclesiastical
Conventions
on
Parliaments
.
We
had
Imperium
in
Imperio
,
or
at
least
a
Kingdom
divided
against
it self
.
This
fault
in
our
Government
was
help'd
by
Edward
the
Third
,
our
English
Justinian
;
he
in
the
several
Writs
of
Summons
of
the
Bishops
to
Parliament
,
made
it
a
settled
Rule
,
that
the
clause
of
Praemunientes
should
be
inserted
,
requiring
them
therein
to
warn
respectively
,
Priorem
&
Capitulum
Ecclesiae
vestrae
C.
ac
Archidiaconos
,
totúmque
Clerum
vestrae
Diocesis
;
quòd
iidem
Prior
(
which
if
a
Cathedral
is
the
same
as
a
Dean
)
&
Archidiaconi
,
totúsque
Clerus
vestrae
Diocesis
,
quòd
iidem
Prior
&
Archidiaconi
in
propriis
personis
suis
,
&
dictum
Capitulum
per
unum
,
idámque
Clerus
per
duos
Procuratores
idoneos
,
plenam
ac
sufficientem
potestatem
ab
ipsis
Capitulo
&
Clero
habentes
,
praedictis
die
&
loco
personaliter
intersint
,
ad
consentiendum
his
quae
tunc
ibidem
de
communi
concilio
ipsius
Regni
nostri
,
Divinâ
favente
Clementiâ
contigerit
,
ordinari
.
And
accordingly
the
several
Bishops
,
in
obedience
to
such
like
Writs
of
Summons
to
Parliament
to
them
directed
,
summoned
or
warned
their
Deans
or
Priors
,
Archdeacons
,
and
the
Clergy
by
their
Proxies
;
which
have
since
made
the
Convocations
,
or
the
Ecclesiastical
Council
of
the
Kingdom
,
and
are
to
meet
at
every
Session
of
Parliament
,
but
to
debate
nothing
but
what
is
propounded
,
and
to
publish
nothing
for
Canons
without
the
Royal
Assent
.
So
that
they
are
to
act
nothing
but
under
the
observation
of
Parliament
.
This
Convocation
or
Ecclesiastical
Council
(
other
allowable
Synods
we
have
none
)
ought
not
to
convene
but
when
a
Parliament
is
sitting
,
and
continue
no
longer
than
the
Parliament
.
We
ought
to
observe
herein
,
and
applaud
the
excellent
wisdom
of
our
Government
,
that
in
the
very
constituion
of
it
hath
provided
for
the
peace
of
our
Church
,
by
silencing
Controversies
,
which
can
never
be
determined
with
any
effect
;
such
a
wise
expedient
and
course
,
as
the
best
instructed
Christian
Emperours
did
take
by
their
Edicts
,
prohibiting
publick
Disputations
about
subtil
and
nice
Questions
;
as
Constantine
,
Martianus
,
Leo
&
Anthemius
,
Andronicus
,
Heraclius
,
to
mention
no
more
.
None
but
mad
men
and
extravagantly
presumptuous
,
or
utterly
ignorant
of
Church
History
,
will
ever
hereafter
go
about
by
Acts
of
Councils
to
end
Controversies
,
but
rather
to
shame
the
Dogmatizers
out
of
their
contentious
zeal
,
by
shewing
how
little
the
ends
and
designs
of
Christianity
are
concerned
one
way
or
other
in
such
Questions
,
in
which
those
that
are
most
learned
know
least
;
and
a
little
learned
ignorance
would
discharge
most
of
them
from
any
longer
troubling
the
world
.
And
farther
,
we
must
observe
,
to
the
Honor
of
our
Nation
,
that
it
is
so
religiously
wise
,
as
to
commit
the
Care
of
conducting
Devotions
,
ordering
the
Decency
of
Publick
Worship
,
and
censuring
the
Manners
of
Clerks
to
the
Bishops
,
and
the
Principal
Clergy
;
whereto
their
Religion
,
Wisdom
,
Devotion
and
Moderation
,
bespeak
them
the
fittest
Persons
.
No
less
remarkable
is
the
Wisdom
of
our
Government
,
that
it
doth
not
make
that
,
which
is
properly
the
matter
of
Canons
,
the
Subject
of
their
Legislation
;
and
thereby
subject
us
to
Temporal
Punishments
,
where
the
Admonitions
of
the
Church
and
her
Censures
,
are
more
proportioned
Remedies
to
the
disobedient
and
froward
.
Laws
oblige
us
to
punishments
,
govern
us
by
Fear
and
Awe
,
oblige
with
Reason
or
without
Reason
,
because
they
are
Laws
.
They
admit
of
no
Ecclesiastical
Relaxation
or
Dispensation
,
and
bind
when
the
reason
ceaseth
.
In
whatsoever
thing
relative
to
Religon
a
Law
is
made
,
the
matter
is
taken
out
of
the
Hands
of
the
Church-men
,
and
no
longer
under
their
Government
,
whose
Government
is
a
Ministry
,
not
Empire
and
Dominion
.
They
can
institute
nothing
but
what
they
may
reasonably
persuade
,
Nihil
tam
voluntarium
quam
Religio
.
Lact.
We
can
have
no
more
Religion
or
Truth
than
we
can
persuade
.
Religion
and
Truth
are
to
be
promoted
by
moving
the
Will.
The
Church
rules
by
persuasion
,
and
her
Canons
oblige
only
for
their
Reason
,
Religion
for
the
sake
of
our
own
Edification
,
and
the
Edification
of
others
,
the
Peace
of
the
Church
,
and
Reverence
of
our
Pastors
and
Teachers
.
Canons
in
their
own
Nature
are
Temporary
,
for
the
present
necessity
and
convenience
,
variable
and
mutable
,
as
the
Edification
of
the
Church
shall
require
,
and
the
prudence
of
the
Guides
of
the
Church
shall
determine
;
and
therefore
what
is
properly
the
Matter
of
Canons
,
ought
not
to
pass
under
Laws
which
are
rigid
and
inflexible
,
peremptory
,
punitive
and
ungovernable
.
And
this
magnifies
the
prudence
and
Christian
Temper
of
our
English
Prelates
.
CHAP.
XXIII
.
LAstly
,
I
observe
what
a
dangerous
Opinion
our
Judges
sometimes
had
in
reference
to
the
Baronage
of
England
,
viz.
that
it
was
in
the
Power
of
the
King
,
or
in
any
Nobleman
,
once
summoned
by
Writ
to
Parliament
,
as
a
Baron
,
at
the
pleasure
of
the
King
,
to
relinquish
his
place
,
and
determine
the
Nobility
of
his
Family
.
Which
Opinion
not
being
corrected
,
would
have
made
that
State
ambulatory
and
moveable
,
upon
which
the
whole
Frame
of
the
Government
depends
.
The
Baronage
of
England
,
is
the
Stabiliment
of
our
Government
,
and
may
be
soon
made
too
weak
to
support
the
other
greater
parts
of
the
Building
,
that
rest
upon
it
,
and
are
supported
by
it
.
It
is
this
that
moderates
between
the
two
contending
Interests
of
Prerogative
and
Liberty
;
and
prevents
those
violent
Concussions
,
which
would
otherwise
unavoidably
happen
.
—
geminum
gracilis
Mare
separat
Isthmus
,
Nec
patitur
conferre
fretum
si
terra
recedat
,
Ionium
Aegaeo
frangat
Mare
.
—
Of
what
Importance
therefore
is
it
,
that
we
should
be
a
Kingdom
that
cannot
be
shaken
,
as
much
as
Humane
Wisdom
can
provide
,
and
frail
Materials
will
admit
?
That
our
Baronage
should
not
hold
their
places
precariously
at
the
King's
Pleasure
,
and
be
deposed
at
his
Will.
And
yet
our
Judges
,
after
that
Honor
was
fixed
in
the
Families
of
those
whom
the
King
should
appoint
by
Writ
,
to
hold
that
Honor
and
Place
in
the
Commonwealth
,
remembring
,
that
Baronage
was
at
first
a
Service
imposed
ratione
tenurae
,
by
Will.
the
Conqueror
:
Our
Judges
,
I
say
,
more
able
to
judge
of
Private
Rights
,
than
in
Questions
of
State
and
Government
,
being
under
a
prejudice
,
from
the
Consideration
of
the
Original
of
our
Baronies
,
did
allow
the
Plea
of
Thomas
de
Furnival
,
who
had
been
called
to
several
Parliaments
by
Writ
,
that
he
was
no
Baron
,
for
that
he
held
not
his
Land
per
Baroniam
,
vel
partem
Baroniae
,
and
therefore
adjudged
him
no
Baron
.
Communia
de
Term.
Sancti
Hillarii
,
Anno
19
E.
2.
Rot.
penes
Remem
.
Dom.
Thes.
in
Scaccario
pro
Thoma
de
Furnival
.
Seniore
exonerando
.
But
of
this
Cause
they
were
not
properly
Judges
,
the
Lords
themselves
are
the
only
Judges
of
the
right
Constitution
of
that
House
;
and
they
have
anciently
challenged
a
Writ
of
Summons
,
de
jure
,
&
debito
Justitiae
for
themselves
,
and
Descendents
;
where
they
have
been
once
summoned
by
Writ
,
and
answered
that
Writ
,
and
taken
their
place
accordingly
.
And
the
whole
House
doth
constantly
refuse
to
act
,
until
the
Lord
that
complains
of
an
Omission
,
hath
a
Writ
of
Summons
sent
him
.
What
Apprehensions
was
had
of
this
Honor
,
by
Thomas
de
Furnival
,
and
others
in
his
time
,
I
know
not
.
But
it
might
have
been
then
,
and
since
it
is
well
understood
,
that
that
place
which
they
sustain
in
the
Government
,
is
of
the
highest
Trust
;
and
the
Benefits
which
redound
therefrom
to
the
Commonweal
,
the
greatest
:
For
they
make
the
Government
as
well
gentle
and
good
,
as
firm
and
stable
.
These
Noble
Lords
Marchers
▪
are
placed
between
two
great
Contending
Powers
,
to
preserve
the
due
Boundaries
and
respective
Limits
,
and
oblige
them
to
Right
and
Reason
,
by
their
Courage
and
Wisdom
.
And
for
their
Encouragement
and
Reward
,
deserve
the
highest
Honors
;
and
that
they
should
be
as
they
are
,
immortal
in
their
Families
.
And
accordingly
it
was
resolved
lately
in
the
Case
of
the
Honor
of
Purbeck
,
in
the
Lords
House
,
that
no
Fine
or
Surrender
of
the
Honor
of
a
Baron
can
extinguish
it
:
But
that
notwithstanding
it
shall
continue
to
his
Heirs
and
Descendents
:
And
that
upon
the
clearest
and
most
important
Reason
;
for
that
the
Constitution
of
the
Government
,
ought
not
(
as
in
its
own
Nature
it
cannot
)
to
depend
upon
the
Will
of
the
Prince
,
nor
of
Single
Persons
,
that
bore
a
part
in
the
Government
for
their
time
,
nor
be
prejudiced
in
Succession
by
their
Lachesse
.
The
same
Priviledge
doth
belong
to
the
Spiritual
Baronage
,
the
successive
Nobility
of
this
Realm
;
and
a
Writ
of
Summons
to
Parliament
can
be
no
more
refused
any
of
them
,
or
any
of
their
Successors
,
than
it
can
to
any
of
the
Temporal
Baronage
.
I
cannot
but
upon
a
review
of
our
Government
,
applaud
our
happiness
that
we
enjoy
,
and
were
born
to
so
excellent
a
Government
,
without
our
Sweat
and
Contrivance
;
which
was
arrived
to
by
several
slow
Steps
,
and
beaten
out
by
the
long
experience
of
former
Ages
.
But
it
is
a
portentous
thing
,
and
of
ill
,
very
ill
Omen
,
that
a
Government
so
Venerable
and
August
,
so
Wise
,
Beneficial
and
desireable
,
should
be
assaulted
with
peevish
Dotages
,
froward
Petulances
,
and
childish
Cavillations
:
And
that
some
Brain-sick
,
foolish
Antiquaries
,
Rakers
in
the
Rubbish
of
Time
,
should
imagine
,
that
they
can
barter
away
our
Government
for
mouldy
Bread
and
clouted
Shoes
:
But
these
we
have
before
obviated
.
Another
sort
we
have
before
engaged
,
to
consider
in
their
ill
Treatment
of
the
Bishops
in
their
handling
this
Question
of
their
Right
we
now
defend
.
To
which
I
will
now
proceed
.
CHAP.
XXIV
.
FOr
I
am
not
now
insensible
of
the
great
Prejudices
that
lie
against
the
Right
of
the
question
,
from
those
Calumnies
that
are
thrown
upon
the
Order
:
And
that
no
reason
,
not
the
clearest
Demonstration
will
be
admitted
to
any
Degree
of
satisfaction
,
until
this
be
removed
.
Men's
understandings
are
mingled
with
their
interests
and
Passions
.
It
is
a
hard
matter
not
to
see
the
person
in
the
Cause
;
and
if
the
person
is
dis-esteemed
,
his
Right
cannot
be
equally
favour'd
:
Nay
which
is
more
,
if
our
Adversaries
can
persuade
the
World
,
that
the
Bishops
will
abuse
this
their
Right
,
nothing
will
be
able
to
keep
off
this
Conclusion
,
that
they
have
none
.
We
most
duly
therefore
here
complain
of
the
dishonest
Artifice
used
by
the
Gentlemen
,
that
we
have
undertaken
in
this
Cause
,
viz.
That
they
seek
all
occasions
of
lessening
the
esteem
of
the
Bishops
;
and
of
them
,
they
speak
what
they
will
.
He
that
can
believe
what
he
will
,
is
an
Infidel
,
and
he
that
does
what
he
will
,
is
a
man
of
no
Conscience
;
and
he
that
can
speak
what
he
will
,
wants
Truth
and
Candor
:
But
of
a
culpable
sort
of
Wilfulness
we
finde
these
two
Authors
very
blameable
.
We
must
complain
of
these
fierce
disputants
,
that
they
strive
unlawfully
,
they
contend
with
passion
,
and
a
keen
Animosity
;
they
strike
as
well
as
argue
,
they
lay
about
them
right
or
wrong
,
to
assault
and
wound
the
Persons
,
whose
Right
they
oppose
.
A
wound
and
Dishonour
do
they
give
to
their
own
hurt
.
Animosque
in
Vulnere
ponunt
.
The
first
and
greatest
Injustice
they
do
to
the
Cause
against
all
Right
and
Reason
,
of
which
sure
they
must
be
self-condemned
,
is
an
odious
Remembrance
of
any
thing
culpable
in
the
whole
Succession
of
Bishops
,
in
the
times
of
the
lowest
Degeneracy
of
the
Christian
Religion
,
and
of
the
heighth
of
Papal
Usurpation
and
Tyranny
;
which
was
more
heavy
in
those
times
,
upon
the
Rights
of
the
Bishops
,
than
upon
those
of
the
Crown
.
When
Princes
thorough
their
own
Weakness
,
or
to
serve
their
Interest
,
or
to
support
their
defective
Titles
to
their
Crowns
,
or
for
obtaining
dispensations
from
his
Holiness
,
for
an
unwarrantable
Marriage
,
or
for
other
Ends
and
Reasons
could
not
,
or
would
not
defend
the
Bishops
and
their
Rights
.
The
very
order
of
Bishops
in
those
times
was
attempted
upon
,
to
be
annulled
by
that
Oecumecall
Usurper
.
It
was
disputed
and
boldly
maintained
in
the
Council
of
Trent
that
the
Bishops
were
only
jure
Pontificio
,
and
had
no
Authority
in
the
Church
,
but
such
as
his
Holiness
would
vouchsafe
them
.
It
was
endeavoured
to
make
them
but
his
Substitutes
:
He
pretended
Powers
to
create
and
translate
them
,
diminish
or
enlarge
their
Dioceses
;
gave
them
more
or
less
Authority
,
did
suspend
them
also
,
and
deprive
them
;
and
pretended
,
that
they
had
only
a
vicarious
and
precarious
Authority
from
him
;
and
in
such
Measures
as
he
should
think
fit
to
limit
and
appoint
.
Were
not
Provisions
and
Reservations
first
made
by
the
Pope
,
upon
Benefices
belonging
to
Churchmen
?
The
Statute
of
the
25
E.
3.
gave
their
Presentations
to
the
King
,
when
the
Pope
usurped
upon
them
,
as
a
Fortification
against
his
Usurpation
and
Invasion
.
Did
he
not
urge
his
Canon
upon
them
,
that
they
should
not
agitare
judicium
sanguinis
,
so
much
talk'd
of
in
this
Question
,
that
he
might
strip
them
out
of
their
Secular
Greatness
,
that
he
might
the
better
go
over
them
,
and
tread
upon
them
and
their
Ecclesiastical
Rights
?
Is
there
no
Consideration
to
be
had
by
those
Gentlemen
,
in
this
Case
of
the
Error
temporis
,
or
Vitia
Temporum
;
They
will
snatch
at
this
unduely
when
it
seems
for
their
turn
;
but
can
they
think
that
any
Bishop
,
under
a
Protestant
Sovereign
,
will
ever
return
under
the
old
Yoak
?
And
yet
the
business
of
Provisions
,
Reservations
and
Dispensations
,
and
of
Pluralties
,
must
be
laid
at
the
Bishops
Door
(
yea
,
though
Dispensation
of
Pluralties
,
is
now
established
by
Statute
Law
,
)
with
all
the
Usurpations
exercised
by
the
Pope
,
the
First-born
of
the
Children
of
Pride
,
to
which
they
willingly-unwillingly
were
forced
to
submit
.
But
how
unrighteous
a
thing
is
it
to
load
the
Order
it self
with
all
the
Miscarriages
of
a
long
Course
of
Succession
?
as
if
the
Faults
of
the
Bishops
in
all
Ages
,
did
stick
to
their
respective
Chairs
,
and
had
passed
into
the
Office
it self
.
But
it
is
no
wonder
,
that
they
remember
the
Faults
of
those
Bishops
unduely
,
to
the
Disparagement
and
Dishonor
of
the
Order
and
Succession
:
When
the
Folio
turns
matter
of
Commendation
into
Reproach
,
and
calls
their
contending
for
due
Administration
of
Justice
and
Laws
,
Clamors
for
the
Breach
of
Magna
Charta
.
Invisos
seu
bene
,
seu
male
facta
premunt
.
By
this
he
sems
to
argue
them
guilty
of
affecting
Temporal
Power
,
and
intermedling
unduely
in
Secular
Affairs
.
CHAP.
XXV
.
BUT
to
discharge
this
Imputation
,
we
will
shortly
remember
,
how
modest
they
have
always
been
in
the
exercise
of
their
Ecclesiastical
Office
;
and
how
faithful
they
have
always
been
in
former
Ages
,
to
that
Temporal
Trust
which
the
Laws
and
Constitutions
of
this
Government
,
hath
annexed
to
the
Spiritual
Office
of
a
Bishop
.
The
Bishops
challenge
nothing
to
belong
to
them
of
Divine
Right
,
but
the
Exercise
of
their
Ministry
in
the
Cure
of
Souls
.
They
do
not
assume
the
Office
of
themselves
,
but
are
appointed
thereto
by
the
Sovereign
Power
;
and
therefore
the
Bench
of
Bishops
are
not
answerable
for
every
one
of
their
Order
.
They
rightfully
acknowledge
the
Right
of
Investiture
,
and
Collation
of
Bishopricks
to
be
in
the
King
,
subject
to
Royal
Exemptions
and
Priviledges
from
their
ordinary
Right
.
From
which
Exemptions
Mr.
Selden
is
too
forward
to
conclude
his
Doctrine
of
Erastianism
,
for
that
the
Exercise
of
their
Function
may
be
restrained
,
as
well
in
reference
to
Persons
or
Territories
,
by
the
Civil
Authority
.
Their
Convocations
are
convened
by
the
King
's
Writ
;
they
debate
nothing
without
his
Leave
.
Their
Results
become
Canons
,
and
receive
Sanction
by
the
Royal
Authority
,
and
do
not
pretend
to
infringe
any
Temporal
or
Civil
Right
or
Law
.
And
besides
,
their
Convocations
are
always
to
be
held
,
sittting
Parliaments
,
and
no
longer
,
not
at
any
other
times
:
And
whatever
they
debate
or
resolve
,
is
under
the
Observation
of
Parliament
.
Nequid
detrimenti
capiat
Respublica
.
The
Bishops
make
no
Laws
about
Religion
apart
by
themselves
,
neither
have
they
any
Negative
against
any
that
are
propounded
,
and
therefore
are
not
answerable
for
any
that
are
made
or
not
made
.
They
have
not
the
definition
of
Heresie
,
but
the
Law
hath
declared
it
since
the
Reformation
.
And
the
Writ
De
Heretico
comburendo
is
since
abrogated
by
the
Christian
Temper
of
a
Parliament
,
principally
consisting
of
such
Members
,
that
were
conformable
to
the
Institutions
of
the
Church
of
England
;
that
is
,
the
legal
Establishments
of
this
our
Christian
Commonwealth
.
The
Church
of
England
is
no
more
her
own
present
Establishments
,
than
the
present
thoughts
of
any
man
is
the
man
himself
;
as
the
thoughts
of
a
man
are
more
refined
and
unreprovable
as
the
man
grows
wiser
,
so
do
the
Laws
and
Constitutions
,
the
Orders
and
Rules
of
a
Church
or
Christian
Republick
,
alter
,
amend
,
and
improve
,
as
the
Wisdom
and
Virtue
,
Religion
and
Devotion
of
the
Government
,
and
the
principal
parts
thereof
in
Church
or
State
increaseth
or
advanceth
.
Our
Bishops
have
had
,
and
that
with
the
greatest
reason
,
greater
apprehensions
of
Schism
and
Separation
,
than
of
Errors
in
Opinion
which
occasioned
it
,
as
of
worse
importance
to
the
Christian
Faith
than
the
Errors
themselves
.
Besides
,
that
a
man
cannot
help
being
mistaken
in
many
things
;
but
it
is
in
every
mans
power
to
be
modest
and
peaceable
,
and
wise
to
sobriety
,
and
hold
the
unity
of
the
faith
in
the
bond
of
peace
and
charity
,
and
not
to
revile
and
deprave
that
which
hath
the
publick
approbation
,
though
he
cannot
thereto
fully
assent
.
It
is
great
iniquity
and
unrighteousness
,
to
pretend
to
Liberty
of
Conscience
as
their
right
,
and
in
the
mean
time
not
to
tolerate
the
publick
appointments
,
and
what
is
authoritatively
allowed
and
approved
.
If
Controvertible
Opinions
are
allowed
a
Warrant
for
making
a
Sect
and
separate
Communion
,
and
Churches
are
denominated
and
distinguished
by
them
;
and
consequently
such
Opinions
are
advanced
unduly
unto
the
same
necessity
of
belief
as
Articles
of
Faith
:
what
will
become
of
the
Christian
Verity
?
where
will
it
be
recognized
and
purely
professed
?
how
distinguished
?
how
understood
?
how
ascertained
amidst
the
number
of
Opinions
contended
for
,
by
the
several
dogmatizing
Sectaries
,
with
more
zele
than
the
undoubted
and
uncontrovertible
Articles
of
Faith
?
Nay
,
I
will
adventure
to
say
further
on
their
behalf
,
that
Schismatical
Separations
would
not
offend
them
,
(
so
little
do
they
affect
to
be
Magisterial
)
but
for
that
if
this
Disease
should
grow
Epidemical
,
there
would
be
no
such
thing
as
a
Christian
Church
,
and
the
Christian
Religion
would
perish
from
the
earth
without
a
miracle
.
It
is
onely
designed
by
our
Church
,
that
those
whose
Subscriptions
are
required
,
should
thereby
onely
signifie
their
allowance
of
the
Liturgy
and
Articles
,
as
fit
to
be
used
and
allowable
.
What
Plea
then
can
our
Separatists
have
for
a
Toleration
for
themselves
;
who
by
their
Separation
seem
unwilling
to
tolerate
the
publick
Establishment
,
either
from
our
Governours
Civil
or
Ecclesiastical
,
or
from
one
another
in
their
divided
ways
.
To
reform
or
change
to
these
mens
pleasures
is
impossible
,
for
that
they
cannot
(
they
positively
differing
from
each
other
)
be
all
pleased
in
any
one
possible
Establishment
.
Besides
that
,
untill
we
cease
to
be
Schismaticks
,
and
to
be
of
separate
and
divided
Communions
upon
the
score
of
any
dislike
,
or
but
probable
exception
to
what
is
publickly
received
or
allowed
,
the
altering
any
thing
for
our
satisfaction
,
will
be
but
applying
the
Cure
to
the
Symptoms
,
a
cutting
off
one
head
of
the
Hydra
.
By
this
way
to
effect
an
union
is
as
impossible
as
it
would
be
to
empty
the
Ocean
,
without
stopping
the
cur-of
the
Rivers
.
The
Bishops
are
(
as
all
men
,
by
how
much
they
are
better
learned
,
are
)
of
the
greatest
Moderation
in
Opinions
,
and
can
tell
how
duely
to
rate
and
value
them
(
according
to
the
Prejudice
or
Advantage
they
do
to
the
Ends
of
our
Religon
)
those
several
Opinions
,
that
have
been
contended
with
furious
and
rending
Zeal
,
in
the
several
Ages
of
the
Church
,
to
the
Scandal
of
that
peaceable
Institution
.
They
can
have
a
better
Opinion
of
that
man
who
hath
unhappily
entertained
the
less
probable
side
of
the
Questions
controverted
,
if
he
opines
with
Modesty
,
than
they
have
of
him
,
that
holds
the
most
probable
part
thereof
,
with
a
Sectary-Zeal
,
Seperation
from
,
Contempt
and
Disdain
of
those
of
a
different
persuasion
.
Their
Moderation
is
known
unto
all
men
,
of
it
their
Opposers
have
had
very
sensible
Experience
,
the
several
Dissenters
cannot
disown
it
;
but
must
confess
,
that
they
have
had
severally
kinder
Usage
from
the
Episcopal
Men
,
than
their
several
Parties
have
from
one
another
.
By
their
Learning
,
Wisdom
and
Moderation
,
which
is
most
eminently
known
and
observed
in
many
of
them
,
and
hath
recommended
them
to
the
highest
Esteem
they
must
be
allowed
,
their
Enemies
being
Judges
,
to
be
the
fittest
Arbiters
of
the
Controversies
,
and
the
most
likely
and
probable
Procurers
of
the
Peace
of
Christendome
.
All
the
Dissenting
Parties
have
reason
to
look
upon
them
,
as
their
Common
Sanctuary
,
and
Defence
against
the
Outrages
of
each
other
.
But
in
this
they
must
be
pardoned
,
if
they
,
being
under
a
Law
or
Rule
of
their
Superiors
(
made
,
as
they
think
,
in
a
matter
lawful
)
act
accordingly
,
and
do
not
disobey
for
their
sake
who
think
otherwise
,
though
in
the
mean
time
they
pity
their
Scruples
.
Indeed
the
Terms
of
the
Nonconforming
Ministers
have
been
made
hard
upon
them
;
But
that
hath
been
from
Reasons
of
State
,
which
the
late
unhappy
Wars
occasioned
,
and
they
were
ejected
out
of
their
Livings
by
Statute-Law
.
And
on
the
other
side
it
is
true
,
that
many
men
,
not
to
fit
for
that
Holy
Function
have
enjoyed
Church
Benefices
;
but
neither
this
can
the
Bishops
help
:
For
they
cannot
reject
a
Clerk
presented
to
a
Benefice
,
or
eject
him
,
but
as
the
Law
will
,
(
so
sacred
is
the
Right
of
Patronage
,
and
so
fixed
by
the
Law
,
are
Ministers
in
their
Livings
)
which
is
not
Nice
in
the
manners
of
Clerks
,
and
the
Bishops
cannot
be
severer
than
the
Laws
.
So
that
if
some
men
,
not
of
the
most
unblamable
conversations
,
have
kept
their
Livings
,
and
some
of
very
unexceptionable
Lives
have
been
ejected
:
The
unhappy
Nonconformists
are
directed
where
to
make
their
Complaint
.
But
as
there
is
little
Cause
of
complaint
,
on
this
part
of
the
Episcopal
Authority
and
function
,
viz.
Their
Superintendency
over
the
Pastors
of
their
Dioceses
:
So
we
shall
observe
how
they
have
behaved
themselves
in
the
Exercise
of
the
Power
of
the
Keys
:
For
what
is
done
therein
by
their
Chancellors
and
Officials
,
to
whom
Custom
hath
given
some
Powers
and
Authoririty
,
which
cannot
be
check'd
and
controul'd
by
the
Bishops
themselves
,
they
are
not
to
account
,
neither
are
they
answerable
for
the
Lay-Zeal
that
hath
made
the
Condition
of
Excommunicants
so
very
afflictive
.
For
whatever
some
men
please
to
think
,
the
Laity
have
out-done
the
Ecclesiasticks
in
the
Excesses
of
intemperate
Zeal
,
as
they
are
most
apt
,
and
prone
by
their
Ignorance
to
Superstition
.
No
man
can
pass
under
the
Admonitions
of
the
Church
,
and
be
suspended
from
the
Holy
Mysteries
,
until
he
hath
made
Satisfaction
for
his
disorderly
walking
,
or
Spiritual
Pride
,
in
breaking
Order
;
but
he
is
presently
given
up
by
the
Laity
to
Satan
.
I
mean
,
he
suffers
beyond
the
first
Intention
of
the
Church
in
her
Discipline
.
Severities
enacted
by
the
Law
of
the
State
,
which
if
reversed
by
that
Authority
that
established
them
,
and
a
civil
Process
were
enacted
for
the
Ecclesiastical
Courts
,
in
Causes
of
a
Temporal
Nature
,
which
are
appointed
by
Law
to
their
cognizance
.
I
persuade
my self
,
we
should
hear
of
no
more
Complaints
against
them
in
the
Exercise
of
the
Power
of
the
Keys
.
For
we
observe
,
that
they
exercise
the
Power
of
the
Keys
with
deference
to
the
Secular
Magistrates
.
They
never
presume
to
excommunicate
the
Prince
,
least
they
should
thereby
lessen
his
Authority
,
and
shock
the
Government
:
For
that
all
Government
is
established
by
the
Honor
and
Reverence
of
the
Governor
,
according
to
that
Saying
of
Aristotle
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Dissolution
of
Government
doth
easily
follow
the
Contempt
of
the
Governor
.
As
Kings
are
not
subject
to
Penal
Laws
,
nor
to
be
coerced
by
Penalties
:
So
true
it
is
also
,
what
Balsamo
hath
noted
,
ad
12
Canonem
Synod
.
Ancyranae
,
Imperatoriâ
unctione
penitentiam
tolli
.
Neither
do
they
presume
in
Reverence
to
the
King
,
to
excommunicate
his
Counsellors
,
and
Ministers
of
State
and
Justice
:
For
so
it
was
declared
amongst
other
of
the
Avitae
consuetudines
of
this
Realm
,
by
the
Assize
of
Clarendon
,
Nullus
qui
de
Rege
teneat
in
Capite
,
nec
aliquis
dominicorum
ministrorum
ejus
excommunicetur
,
nisi
prius
Dominus
Rex
conveniatur
.
In
which
our
Bishops
are
agreable
to
the
Ancients
.
Hildebert
Cenoman
,
after
Bishop
of
Tours
,
who
lived
about
the
eleventh
Century
,
says
he
,
Apud
Serenissimum
Regem
opus
est
exhortatione
potius
quam
increpatione
,
Concilio
quam
praeceptis
,
doctrinâ
quam
virgâ
.
Ivo
,
Bishop
of
Chartres
,
in
his
Apology
for
communicating
.
—
Gervasius
saith
thus
,
Quos
culpatorum
Regia
Potestas
,
aut
in
gratiam
benignitatis
receperit
,
aut
mensae
suae
participes
fecerit
,
eos
etiam
Sacerdotum
&
populorum
conventus
suscipere
in
Ecclesiastica
Communione
debebit
;
ut
quod
principalis
pietas
recipit
,
nec
à
Sacerdotibus
Dei
alienum
habeatur
.
Thus
while
the
Bishops
are
not
guilty
of
mean
and
unfaithful
flatteries
,
they
do
not
participate
of
the
pride
of
the
Bishops
of
Rome
,
or
the
irreverence
and
sawciness
of
a
Presbyterian
Consistory
against
their
Princes
and
Governours
.
Neither
do
they
call
up
any
criminal
cause
originally
to
their
examination
,
but
pronounce
the
sentence
of
Excommunication
on
such
onely
as
first
are
civilly
convict
of
a
crime
;
save
that
matters
of
Incontinency
are
by
the
Common
Law
submitted
to
their
Censure
,
for
that
by
the
venerable
gravity
of
the
Judge
,
and
by
the
more
private
examination
of
such
offences
,
the
modesty
of
the
Nation
is
best
preserved
,
which
is
a
surer
defensative
against
the
rifeness
of
such
crimes
,
perhaps
than
the
sharpest
punishments
.
If
they
do
excommunicate
any
man
without
a
just
cause
,
or
do
not
absolve
the
Excommunicate
when
he
hath
made
his
satisfactions
,
the
Bishop
is
compellable
by
the
Authority
of
the
Kings
Courts
to
assoil
the
man
,
under
the
pain
of
having
his
Temporalities
seized
into
the
Kings
hands
,
though
he
is
not
restored
without
the
Episcopal
Absolution
.
For
it
is
fit
they
should
finally
judge
in
their
own
proper
Province
;
and
they
must
not
,
they
cannot
relax
the
Laws
of
Christ
,
nor
administer
the
power
of
the
Keys
of
binding
and
losing
,
by
any
other
measures
,
for
any
power
on
earth
.
But
against
this
power
of
the
Kings
Courts
they
do
not
dispute
or
declare
,
but
have
recognized
it
by
their
submission
,
and
they
can
submit
to
the
penalties
,
without
complaining
of
this
civil
constitution
.
Nay
,
in
the
general
order
they
approve
it
,
though
in
a
particular
case
perhaps
they
do
not
,
because
they
cannot
obey
.
Our
Bishops
do
not
encroach
any
Temporal
Authority
in
ordine
ad
spiritualia
;
that
stale
pretence
by
which
the
Bishop
of
Rome
hath
arrived
to
his
exorbitant
power
,
and
by
which
the
Scotch
Presbyters
would
have
acquired
the
like
over
Kings
and
Governours
.
Their
Authority
always
administers
to
and
assists
but
never
thwarts
or
contradicts
the
Temporal
.
They
have
accommodated
their
power
of
the
Keys
,
to
the
vindication
of
our
established
Government
against
the
attempts
of
Arbitrary
Power
,
to
which
their
Allegeance
to
the
King
,
and
the
regard
of
the
publick
Peace
,
did
oblige
them
.
For
such
Attempts
are
mostly
the
ruin
of
those
that
make
them
,
always
bring
the
Government
it self
into
the
greatest
danger
,
and
sometimes
prove
the
ruin
both
of
the
Government
and
the
Nation
.
This
was
required
of
them
as
an
indispensible
duty
,
they
being
a
principal
part
of
the
Government
;
and
the
present
Bishops
Successours
to
all
their
Rights
,
have
no
reason
to
decline
their
example
,
if
they
have
the
like
cause
.
The
Bishops
anciently
were
sturdy
opposers
of
King
John
,
when
he
designed
to
put
this
Kingdom
into
vassallage
to
the
Pope
,
and
thereupon
he
writes
to
the
Pope
thus
as
followeth
:
In
conspectu
paternitatis
vestrae
humiliamus
ad
gratias
multiplices
,
prout
meliùs
scimus
&
possumus
,
exhibendas
,
pro
cura
&
sollicitudine
,
quam
ad
desensionem
nostram
&
Regni
nostri
Angliae
,
paterna
vestra
benevolentia
indesinenter
apponit
,
licèt
duritia
Praelatorum
Angliae
&
inobedientia
impediant
vestrae
provesionis
effectum
.
Pat.
17
Joannis
R.
M.
15.
as
I
find
it
related
by
Mr.
Petit
,
in
his
book
entituled
,
The
ancient
Right
of
the
Commons
of
England
asserted
.
About
the
24
H.
3.
Edmund
then
Archbishop
of
Canterbury
,
at
a
Synod
held
at
Westminster
,
the
King
being
present
,
Candelis
acceptis
,
&
projectis
,
ac
extinctis
,
Chartam
Libertatum
violantes
,
vel
sinistrè
interpretantes
,
excommunicantur
.
Mat.
Paris
,
p.
151.
About
13
years
after
,
viz.
in
37
H.
3.
Boniface
then
Archbishop
of
Canterbury
,
the
sentence
of
Excommunication
is
again
repeated
against
those
,
Qui
Ecclesiasticas
Libertates
vel
antiquas
Regni
Consuetudines
in
Chartis
communium
Libertatum
&
de
Foresta
concessas
quascunque
,
arte
vel
ingenio
violaverunt
.
Fleta
l.
2.
c.
42.
Dors.
Claus.
37
H.
3.
membr
.
9.
Additament
.
ad
Mat.
Paris
,
p.
117.
Which
Sentence
of
Excommunication
was
ratified
and
confirmed
in
a
Parliament
held
that
year
as
followeth
:
Noverint
universi
quòd
Dominus
Rex
Angliae
,
illustris
Comes
Norfolk
&
Mareschallus
Angliae
,
H.
Comes
Hereford
&
Essex
,
J.
Comes
de
Warewico
,
Petrus
à
Sabaudia
,
ceteríque
magnates
Angliae
,
concesserunt
in
sententiam
Excommunicationis
generaliter
latam
apud
Westm.
decimo
tertio
die
Maii
,
Anno
Regni
Regis
praedicti
37
,
in
hac
forma
,
viz.
Quòd
vinculo
praefatae
sententiae
ligentur
omnes
venientes
contra
Libertates
contentas
in
Chartis
communium
Libertatum
Angliae
,
&
de
Foresta
,
&
omnes
qui
Libertates
Ecclesiae
Angliae
,
temporibus
Domini
Regis
&
praedecessorum
suorum
Regni
Angliae
obtentas
&
usitatas
,
scienter
&
malitiosè
violaverint
,
aut
infringere
praesumpserint
.
And
the
Record
concludes
,
In
hujus
rei
memoriam
,
&
in
posterum
veritatis
testimonium
,
tam
Dominus
Rex
quàm
praedicti
Comites
,
ad
instantiam
aliorum
&
populi
praesentium
,
(
which
at
that
time
was
the
style
of
a
Parliament
,
and
the
manner
of
passing
such
Acts
)
scripto
sigilla
sua
apposuerunt
.
Rot.
Pat.
37
H.
3.
M.
12.
dorso
.
And
whereas
it
was
provided
by
the
Confirmat
.
Chart.
c.
4.25
E.
1.
and
by
the
Statute
De
Tallagio
non
concedendo
,
c.
4.34
E.
1.
That
Excommunication
should
twice
a
year
be
denounced
against
the
Infringers
of
Magna
Charta
.
At
a
Synod
held
for
the
Province
of
Canterbury
in
that
Kings
time
,
John
Peckam
Archbishop
of
Canterbury
enjoyned
the
like
Denunciations
near
four
times
every
year
.
Constit
.
Provinc
.
tit.
De
Sententia
Excom.
And
in
the
Province
of
York
it
obtained
three
times
in
a
year
.
Manuale
juxta
usum
Ecclesiae
Eboracensis
.
By
which
the
exemplary
zele
of
the
Bishops
in
those
times
against
Oppression
,
and
the
violation
of
the
common
Rights
,
and
the
attempts
of
absolute
and
unlimited
power
appears
;
for
that
they
prevented
the
Temporal
Baronage
,
and
outdid
the
Parliament
it self
in
defending
and
guarding
the
Government
of
Laws
.
By
the
way
we
cannot
but
take
notice
of
Mr.
Selden
his
mistake
in
his
book
De
Synedriis
,
which
he
fell
into
by
inserving
to
his
beloved
Erastian
Hypothesis
,
viz.
That
that
Excommunication
before
mentioned
in
37
H.
3.
was
enacted
by
Parliament
,
whereas
it
was
onely
confirmed
,
but
pronounced
by
the
Bishops
,
though
with
the
seeming
good
liking
of
that
King
:
so
that
the
Power
of
the
Keys
was
not
usurp'd
,
but
the
exercise
thereof
approved
by
Parliament
;
according
to
what
hath
been
usual
,
as
Grotius
observes
,
Vsum
Clavium
Divino
Juri
congruum
,
&
poenarum
injunctionem
Canonibus
&
Legibus
consentaneum
,
summae
potestates
solent
approbare
;
atque
hoc
est
Imperiale
Anathema
,
Quòd
non
una
Justiniani
lege
comprehensum
est
.
Which
together
with
what
hath
been
said
by
us
here
,
will
serve
for
an
Answer
to
what
Mr.
Selden
hath
aggested
in
his
book
De
Synedriis
,
for
wresting
the
Keys
out
of
the
hands
of
the
Bishops
.
They
pretend
to
a
Jus
Divinum
only
,
for
that
which
merely
concerns
their
Spiritual
Office
;
and
I
cannot
for
my
part
suspect
them
of
holding
any
Opinion
of
a
Jus
divinum
in
Civil
Offices
,
which
are
of
a
Humane
Original
,
because
I
can
imagine
no
reason
for
such
an
Opinion
,
though
I
know
it
is
by
some
imputed
to
them
.
By
a
Thomas
of
Becket
,
a
Sibthorp
,
and
Manwaring
,
and
a
few
less-considering
Clergy-men
in
an
Age
,
we
are
not
to
conclude
the
Judgment
of
the
Body
of
our
Learned
Clergy
.
They
assuredly
know
,
as
all
men
in
their
Wits
do
believe
,
that
the
Government
is
de
jure
,
such
as
it
is
,
and
can
be
no
other
,
nor
rightfully
admit
any
Alteration
.
That
God
never
made
any
Commonwealth
but
one
,
by
his
directive
Will
,
and
that
only
for
one
Nation
(
for
in
these
things
,
he
hath
left
men
ordinarily
in
the
Hands
of
their
own
Councils
,
and
to
their
own
Prudence
)
in
which
he
had
no
regard
to
the
absolute
rightful
Sovereignty
of
Adam's
right
Heir
,
the
wildest
certainly
of
all
the
Paradoxes
that
this
giddy
phantastick
Age
hath
produced
.
The
Kentish
Knight
should
have
kept
his
Dream
to
himself
,
until
he
had
found
him
out
,
and
then
have
brought
him
and
his
Book
called
Patriarcha
,
together
to
the
King
:
Then
I
doubt
not
,
but
his
Majesty
would
have
provided
him
his
due
Reward
.
But
his
Book
,
and
the
Publishers
thereof
,
deserve
his
Majesty's
utmost
Displeasute
:
For
we
are
in
fear
that
the
Government
is
about
to
be
changed
,
when
Books
are
licensed
to
prove
any
thing
Lawful
in
that
kind
.
And
besides
,
it
makes
a
Charge
upon
our
Divines
,
that
they
have
a
good
liking
to
the
Design
;
for
that
they
who
best
understand
by
their
Profession
the
jura
divina
,
have
not
answered
it
.
But
to
speak
the
Truth
,
the
Book
is
not
to
be
answered
:
For
it
is
but
a
fine
Essay
,
how
near
Non-sence
may
be
made
to
look
like
Sence
;
and
it
is
truly
worth
no
man
's
Undertaking
.
But
whatsoever
sinister
thoughts
some
ill
affected
Men
to
the
Bishops
may
conceive
of
them
,
we
expect
,
and
with
reason
too
,
that
they
will
,
with
equal
Courage
to
that
recorded
of
their
Predecessors
,
stand
up
for
the
Preservation
of
the
Government
,
in
its
true
and
rightful
Constitution
.
And
the
rather
,
for
that
the
true
Religion
,
their
Principal
Care
,
and
their
Temporal
Rights
and
Dignities
,
will
inevitably
perish
in
the
Change
:
Nay
,
perhaps
in
consequence
of
the
very
Attempt
of
a
Change
,
except
they
strenuously
for
their
parts
oppose
it
.
However
their
Order
,
will
certainly
,
by
their
Silence
and
Indifferency
,
be
rendred
despicable
.
They
will
lose
all
opinion
with
the
People
,
of
their
Sincerity
,
perform
their
Functions
with
no
advantage
,
and
lose
that
share
in
the
Honors
and
Affections
of
the
People
,
that
will
establish
them
,
&
bespeak
them
useful
and
necessary
to
the
Church
and
state
in
their
several
Capacities
,
in
all
after
times
.
That
they
answer
their
Trust
,
and
perform
that
Duty
which
they
owe
to
the
Publick
in
their
several
Offices
,
is
that
we
may
justly
expect
:
And
this
they
will
certainly
do
,
though
they
should
be
censured
,
as
they
were
in
K.
John's
days
;
or
in
the
Language
of
the
Folio
Author
,
charged
to
be
clamorous
and
over-busie
Medlers
in
Matters
of
State
and
Government
.
But
to
return
;
Is
it
not
a
course
Artifice
,
in
the
Octavo
,
pag.
96.
that
he
will
so
willfully
mistake
the
Question'd
of
the
Bishops
,
being
one
of
the
three
States
,
and
representing
the
Matter
;
as
if
the
Bishops
should
have
a
Negative
by
themselves
,
to
stop
the
passing
of
any
Bill
,
if
they
are
admitted
to
be
a
distinct
State
.
CHAP.
XXVI
.
WHen
it
is
not
disputed
,
or
brought
into
Question
,
whether
they
are
divided
in
their
Voting
from
the
Temporal
Barons
,
most
certainly
they
never
were
;
nor
was
it
ever
disputed
.
Though
an
obstinate
Opinion
was
maintained
from
the
Time
of
E.
2.
in
the
Case
of
the
Spencers
,
until
the
Time
of
E.
5.
in
the
Case
of
the
Earl
of
Salisbury
,
that
the
Bishops
Presence
was
necessary
in
Judgments
,
even
in
Capital
Causes
,
which
must
be
allowed
a
clear
Argument
for
their
Right
of
Judgment
in
such
Causes
.
For
the
Spiritual
and
Temporal
Lords
,
though
two
States
,
make
but
one
House
upon
the
Reasons
afore-mentioned
,
according
to
the
general
Understanding
and
Usage
of
former
Ages
.
But
upon
this
Supposition
,
he
tells
us
of
several
Bills
that
gave
furtherance
to
the
Reformation
,
to
which
the
Bishops
did
not
assent
,
and
would
never
have
passed
,
if
they
had
had
a
Negative
upon
them
.
But
by
his
Favor
,
these
Instances
of
his
,
are
great
Arguments
of
those
Bishops
their
Sincerity
:
For
they
must
needs
be
under
great
and
violent
Prejudices
:
Besides
,
every
great
man
(
as
the
Author
of
the
Letter
well
knows
)
is
apt
to
value
himself
,
and
cares
not
to
be
accounted
a
light
man
;
and
the
higher
in
place
,
the
more
unwilling
to
be
found
in
a
Mistake
;
and
they
are
not
content
,
if
Old
Men
,
Quae
juvenes
dedicere
senes
perdenda
fateri
.
There
is
good
Hopes
therefore
,
that
our
Rightfully
Reformed
Bishops
will
be
the
last
that
will
give
up
the
Cause
of
Reformed
Christianity
,
and
will
not
be
out-done
by
the
Popish
Bishops
in
Constancy
,
when
they
have
a
better
Cause
.
I
must
likewise
take
notice
to
do
the
Spiritual
Lords
Justice
,
of
the
Behavior
of
the
Gentleman
in
Folio
towards
the
Bishops
.
He
takes
notice
,
and
that
dutifully
,
of
the
Satyrical
(
so
he
calls
it
)
Language
of
the
Pamphleteers
against
the
Court
,
and
the
greatest
Scurrilities
with
which
the
House
of
Commons
are
aspersed
;
but
has
not
heard
,
sure
,
of
any
against
the
Bishops
,
and
the
whole
Ecclesiastical
Order
:
For
he
makes
not
the
least
mention
of
any
such
:
But
because
they
shall
not
escape
(
besides
that
,
in
his
Book
he
declaims
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
against
the
Order
,
and
seems
so
fond
of
this
Office
,
that
he
forbids
all
other
the
use
of
the
Cart
)
he
tells
the
Story
of
Hephestion
and
Craterus
,
the
one
of
which
loved
Alexander
,
and
the
other
the
King
.
By
this
Apologue
,
I
doubt
not
,
but
he
intended
a
Slander
;
and
to
signifie
thereby
supprestly
,
a
lewd
Reproach
,
viz.
that
the
Bishops
are
not
true
Servants
of
the
King
and
Government
,
but
of
themselves
;
than
which
a
falser
thing
,
I
hope
,
cannot
be
said
,
nor
a
more
malitious
thing
imagined
,
if
not
true
:
For
he
may
know
,
that
they
are
better
men
in
their
true
Character
,
than
his
Loyal
Patriots
,
that
are
true
to
the
King
,
and
House
of
Commons
:
For
they
have
,
I
doubt
not
,
I
am
sure
they
ought
to
have
a
care
of
the
whole
Government
in
the
Integrity
of
its
Constitution
.
The
Bishops
well
know
how
much
the
People
are
concerned
in
the
Greatness
of
the
House
of
Lords
,
which
establisheth
the
Throne
,
and
makes
,
and
supports
the
King
Great
;
and
by
their
Power
and
Interest
,
make
his
Government
equal
;
to
which
they
contribute
no
small
Share
;
for
to
them
is
entrusted
,
by
the
Authothority
of
our
Lord
Christ
,
the
Conduct
of
Religion
,
and
that
mighty
and
momentous
Office
,
hath
commended
them
,
and
advanced
them
to
the
State
of
Peerage
;
and
will
continue
them
in
great
Authority
with
the
People
,
as
long
as
the
Nation
continues
in
any
degree
Religious
.
The
Temporal
Baronage
cannot
want
them
in
the
Support
of
that
mighty
Province
that
belongs
to
that
House
.
In
them
the
People
will
find
their
Interest
,
as
long
as
they
can
value
Wisdom
and
Religion
,
that
is
,
as
long
as
they
are
Christian
Men
;
and
by
them
the
Kingly
Office
will
find
it self
served
,
as
long
as
true
Religion
and
Wisdom
can
minister
to
the
Support
of
Government
,
and
wise
and
good
men
under
the
greatest
Trust
,
and
in
the
highest
Dignity
in
the
Government
,
can
be
fit
Councellors
and
Ministers
of
State
.
The
Octavo
hath
also
a
hint
to
this
purpose
:
for
pag.
30.
where
he
brings
in
the
Case
of
Thomas
Arundel
,
Arch-bishop
of
Canterbury
,
when
all
the
Bishops
made
Sir
Thomas
Piercy
their
Procurator
,
he
says
,
That
uniting
in
one
man
,
argued
a
great
Unanimity
in
the
Voting
of
the
Prelates
;
which
seems
,
saith
he
,
hath
ever
been
.
The
meaning
of
this
is
a
sly
Disparagement
of
the
Bishops
in
their
Voting
,
viz.
that
have
one
Common
Tie
and
Dependency
upon
the
Crown
,
that
determines
them
to
their
Interest
,
and
produces
the
Unanimity
of
Voting
.
But
are
the
Bishops
more
depending
,
because
they
once
for
all
received
their
Temporalities
from
the
King
,
than
the
Temporal
Lords
,
who
are
commoly
Officers
of
State
,
and
otherwise
depend
upon
their
Prince's
Favor
?
Is
not
the
Bishops
Advancement
rather
a
Reward
to
their
Eminent
Services
,
performed
in
the
matter
of
Religon
,
of
the
greatest
Importance
certainly
to
the
State
,
and
a
Recognition
of
the
excellent
Character
of
those
men
that
are
preferred
to
that
Office
,
than
a
Bribe
upon
their
Actings
,
after
they
have
that
Favor
irrevocable
.
Do
not
we
know
that
the
Services
of
Church-men
are
rewardable
upon
the
Churches
Stock
,
and
that
the
King
need
not
impair
the
Royal
Treasure
,
to
pay
Thanks
to
Episcopal
Men
,
whose
Worth
doth
bespeak
the
Royal
Favor
to
that
Preferment
and
Advancement
?
Are
not
the
Temporalities
of
the
Church
,
the
King
's
only
to
give
,
but
not
to
retain
?
What
evil
Prejudice
or
Obligation
can
this
be
to
any
man
,
to
serve
the
King
unfaithfully
,
who
hath
chosen
him
perhaps
,
though
there
were
others
but
as
equally
fit
for
that
Office
:
For
we
ought
to
suppose
no
other
disposition
of
those
Dignities
,
than
what
is
just
and
fit
in
our
general
Discourses
,
however
things
are
administred
in
particular
Cases
.
Is
not
this
an
Office
,
together
with
its
maintenance
,
of
the
Provision
of
the
Law
,
and
not
of
the
King
.
But
to
remove
that
Scandal
of
their
Unanimity
,
in
voting
,
which
some
have
reproached
with
a
scoffing
Term
of
a
dead
Weight
,
it
may
be
considered
,
that
Men
of
the
best
Judgments
and
Honesty
mostly
agree
:
That
Variety
of
Judgments
proceeds
oftner
from
Passion
and
Interest
,
than
from
Difficulty
of
the
matter
debated
.
It
mostly
grows
,
either
from
want
of
Integrity
,
or
want
of
Judgment
.
Agreement
in
Votes
,
is
an
Argument
therefore
of
true
Judgment
,
and
unbiassed
Integrity
:
As
it
is
also
farther
,
of
a
good
Correspondence
amongst
themselves
,
of
previous
Debates
,
and
more
mature
Deliberation
.
Besides
,
that
it
is
no
unusual
thing
in
difficult
and
lubricous
Affairs
,
for
many
to
compromise
the
matters
to
a
few
,
or
to
the
Majority
of
their
own
Numbers
,
and
abide
the
Result
of
the
major
part
.
But
because
this
matter
of
Exception
to
the
Integrity
of
my
Lords
the
Bishops
,
in
the
great
Affair
now
in
Agitation
,
is
argumentum
ad
hominem
,
and
gives
Prejudice
to
the
true
Right
and
Merits
of
the
Cause
;
and
is
the
most
prevalent
and
hopeful
Argument
,
if
not
the
only
one
that
our
Adversaries
can
rely
upon
:
For
whatever
the
Causa
justifica
,
or
Pretence
be
,
for
the
espousing
of
any
Opinion
,
or
part
of
any
Controversie
,
if
the
Causa
suasoria
,
the
Inducement
,
and
true
moving
cause
thereto
be
strong
and
persuasive
,
the
slightest
Reasons
will
be
a
pretence
for
Confidence
,
and
the
smallest
Color
of
Right
,
shall
prevail
finally
,
and
in
the
last
Issue
,
especially
where
the
Parties
concerned
must
judge
;
or
by
their
Power
,
can
make
their
Will
,
and
determinate
Resolves
,
to
obtain
to
the
biggest
purposes
.
I
will
therefore
farther
add
,
that
we
well
know
what
a
high
Esteem
their
true
Character
doth
deserve
.
That
they
are
intended
the
Light
of
the
World
,
the
Salt
of
the
Earth
:
If
the
Salt
hath
lost
its
Savor
,
wherewith
shall
it
be
Seasoned
?
And
if
our
Light
be
darkened
,
how
great
is
our
Darkness
.
The
Bishops
know
,
that
the
World
will
not
be
kept
in
Order
,
by
meer
Designations
of
Trust
,
but
by
Execution
of
their
Trusts
,
not
by
abstract
of
Characters
,
unless
they
are
put
on
,
and
effectively
worn
.
The
World
will
not
be
put
off
,
that
there
is
no
Provision
made
in
the
Government
for
reasonable
Expectancies
of
all
that
can
make
a
People
happy
,
if
we
are
disappointed
in
our
just
Expectations
.
They
know
for
what
high
Ends
they
are
advanced
to
their
Secular
Dignities
,
what
was
it
that
hath
thus
advanced
them
.
Was
it
not
the
reasonable
Expectation
that
Christian
Princes
and
Governors
conceived
of
their
excellent
Virtues
,
that
they
would
out-doe
all
mankind
in
firm
Constancy
,
a
vast
and
extensive
Charity
,
unrelenting
Fortitude
,
inflexible
Justice
,
unmoveable
Faith
and
Loyalty
,
and
unbyassed
Sincerity
?
What
Temptations
can
their
Lordships
have
,
that
they
should
not
,
or
we
Reasons
to
believe
,
that
they
will
not
put
forth
all
those
Christian
Vertues
in
Heroical
Degrees
,
which
the
World
will
not
give
them
leave
to
exert
only
in
common
measures
?
They
will
find
it
necessary
sure
to
be
now
Confessors
for
the
Support
and
Happiness
of
a
poor
distracted
Nation
,
a
vast
and
great
People
.
They
will
,
no
doubt
,
subdue
the
Greatest
Potentate
to
Justice
(
if
there
be
any
such
)
who
hath
unhing'd
the
Government
,
and
sap'd
the
very
Foundations
of
our
Constitution
,
and
will
never
consent
to
the
Pardon
of
such
Sins
,
that
are
not
to
be
pardoned
in
this
World
,
nor
in
the
World
to
come
.
Can
they
suffer
the
true
Christian
Religion
,
of
which
they
are
the
chief
Ministers
and
Curators
,
to
perish
by
their
timidity
and
cowardise
?
Can
they
suffer
a
great
People
committed
to
their
charge
,
to
be
destroyed
into
an
Anarchy
,
and
desert
that
Prince
whose
Beneficiaries
they
are
,
and
not
interpose
for
the
saving
of
him
and
his
Government
,
by
faithful
and
wise
Counsel
?
To
suppose
such
things
as
are
morally
impossible
is
unreasonable
,
and
to
fear
where
no
fear
is
.
For
they
,
if
they
were
wholly
secular
,
and
were
guided
by
nothing
but
a
secular
Interest
,
can
consider
that
the
world
is
impatient
of
disappointments
.
That
they
hate
nothing
more
than
deceits
and
abuse
of
trusts
,
and
that
he
that
falls
short
,
and
goes
less
than
a
just
expectation
,
falls
into
the
lowest
and
vilest
contempt
and
deepest
scorn
.
But
this
is
not
a
time
sure
to
lessen
the
Prelates
,
to
take
from
the
Bishops
any
just
advantage
or
honour
,
when
that
the
contempt
in
this
later
age
thrown
upon
them
,
and
the
whole
Order
Ecclesiastical
,
and
the
mischiefs
that
have
naturally
ensued
thereupon
,
have
brought
our
Nation
,
Religion
,
and
Government
,
to
a
most
miserable
state
,
a
most
desperate
plunge
,
out
of
which
I
pray
God
we
may
be
able
to
emerge
.
The
Contempt
of
the
Bishops
and
Clergy
made
the
People
despise
the
publick
Establishment
,
chuse
Teachers
not
much
wiser
than
themselves
:
And
they
have
thereupon
multiplied
vain
Opinions
and
Divisions
,
and
true
Christianity
,
is
scarce
had
in
any
Consideration
.
Atheism
and
Profaneness
upon
this
Stock
,
is
come
to
an
enormous
Growth
,
which
thrives
the
faster
,
by
the
vain
Opinions
and
Immoralities
of
the
mistaken
Religionists
,
by
which
the
Atheists
take
the
Measures
of
true
Christianity
;
and
in
Consequence
of
this
,
Popery
is
arrived
to
a
vast
Increase
in
Power
and
Interest
,
and
threatens
us
,
and
the
little
Remains
of
true
Reformed
Christianity
with
an
utter
Overthrow
.
The
true
Christian
Religion
is
not
generally
understood
,
and
hath
lost
almost
all
Credit
and
Belief
in
a
Christian
Nation
.
So
that
it
seems
to
me
,
upon
the
Consideration
of
our
present
State
,
almost
necessary
,
that
the
Truth
of
the
Christian
Faith
should
be
again
demonstrated
in
Flames
to
this
Infidel
,
flagitious
and
degenerate
Age
,
that
the
Stains
of
the
Christian
Religion
must
be
washed
off
by
the
Blood
of
the
Sincere
Professors
.
That
the
true
Faith
should
be
better
understood
,
as
it
will
be
by
dying
Thoughts
,
and
vain
Opinions
,
be
destroyed
,
and
burn
up
like
Hay
and
Stubble
,
in
the
Fire
of
Persecution
:
For
then
we
shall
understand
what
it
is
that
is
worth
dying
for
,
and
that
which
is
not
worth
dying
for
,
is
not
worth
disputing
and
dividing
for
in
our
Christian
Communions
,
with
breach
of
Charity
.
Then
our
Guides
,
the
Holy
Order
of
Bishops
,
and
other
Faithful
Pastors
of
the
Church
,
may
shew
their
Sincerity
,
and
appear
of
what
Value
they
are
of
in
the
Conduct
of
Souls
,
by
their
wise
Apologies
and
Noble
Confessions
and
Martyrdoms
for
the
true
Christian
Faith
,
and
recover
a
due
place
in
the
Peoples
Reverence
and
Esteem
for
their
Successors
.
And
if
God
,
in
all
his
wise
Providence
and
Care
,
which
will
never
be
wanting
to
his
true
Religion
,
shall
think
it
necessary
by
this
means
to
recover
and
restore
it
,
let
this
Fiery
Tryal
come
,
let
it
come
.
And
then
,
I
doubt
not
,
but
we
shall
have
our
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
&
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
used
in
Scrripture
,
for
the
Prelates
of
the
Church
,
to
signifie
the
high
Esteem
they
had
of
them
,
and
are
the
same
with
Leaders
,
Captains
and
Commanders
,
many
Cranmers
,
Ridleys
,
and
Latimers
,
leading
up
their
Troops
of
Confessors
,
and
a
Noble
Army
of
Martyrs
,
who
will
again
seal
the
Christan
Religion
with
their
Blood
;
and
a
more
Glorious
Church
shall
recover
out
of
the
Ashes
of
this
.
But
God
grant
that
we
may
dispose
our selves
by
more
easie
Methods
,
to
recover
out
of
our
sickly
Estate
,
when
we
know
our
Disease
,
and
may
be
cured
by
more
gentle
Remedies
.
But
I
am
sure
,
that
nothing
can
save
our
Nation
and
Religion
,
but
an
excellent
Clergy
,
and
a
high
Esteem
of
them
amongst
the
Laity
.
And
for
this
Reason
,
I
have
earnestly
concerned
my self
for
the
Bishops
Right
,
of
judging
in
Capital
Causes
in
Parliament
,
that
they
may
want
no
Capacity
of
making
a
gasping
Nation
live
;
and
thereby
of
recovering
themselves
and
their
Order
into
a
high
Veneration
,
that
they
may
more
effectually
administer
to
the
Advancement
of
God's
True
Religion
and
Vertue
,
and
making
this
Kingdom
happy
for
Succeeding
Generations
,
The
POSTSCRIPT
.
SIR
,
I
Now
render
you
my
hearty
thanks
for
your
free
advise
,
you
gave
me
concerning
the
publishing
of
the
Argument
,
for
the
Bishops
Right
of
Judging
in
Capital
Causes
in
Parliament
,
and
for
asserting
their
civil
Honors
and
Rights
in
the
Government
.
Because
it
hath
given
me
an
occasion
,
both
of
vindicating
the
most
of
the
Inferiour
Clergy
,
from
those
Imputations
which
you
have
remembred
to
me
,
and
are
commonly
discoursed
to
their
disadvantage
,
whereby
they
have
lost
their
Esteem
with
the
People
,
and
also
of
rectifying
the
mistakes
of
some
;
for
their
number
is
not
great
,
who
have
given
too
much
cause
therein
of
publick
complaints
.
You
diswade
me
from
giving
any
assistance
to
the
Rights
of
the
present
Bishops
;
for
,
that
the
Clergy
out
of
whom
the
Bishops
must
be
made
,
have
entertained
Principles
that
are
destructive
to
the
Government
.
They
affirm
(
you
say
)
That
it
is
in
the
power
of
a
Prince
,
by
Divine
Right
,
to
govern
as
he
pleaseth
,
that
the
power
of
the
Laws
is
solely
in
him
;
that
he
may
if
he
please
,
use
the
consent
of
Parliaments
to
assist
the
reason
of
his
Laws
,
when
he
shall
give
any
,
but
it
is
great
condescention
in
Kings
to
give
a
reason
for
what
they
do
,
and
a
diminution
to
their
most
unaccountable
Prerogative
.
You
say
,
That
they
are
for
a
Popish
Successor
and
no
Parliament
,
and
do
as
much
as
in
them
lies
,
give
up
our
antient
Government
and
the
Protestant
Religion
,
the
true
Christian
Faith
to
the
absolute
will
of
a
Popish
Successor
,
giving
him
a
Divine
Right
to
extirpate
God's
true
Religion
established
amongst
us
by
Law
,
and
to
evacuate
our
Government
by
his
absolute
pleasure
.
Our
Government
by
a
King
and
Estates
of
Parliament
,
is
as
antient
as
any
thing
can
be
remembred
of
the
Nation
.
The
attempt
of
altering
it
in
all
ages
accounted
treason
,
and
the
punishment
thereof
reserved
to
the
Parliament
by
25.
Ed.
3.
The
conservancy
of
the
Government
being
not
safely
to
be
lodg'd
any
where
,
but
with
the
government
it self
.
Offences
of
this
kind
not
pardonable
by
the
King
,
because
it
is
not
in
his
power
to
change
it
.
This
is
our
Government
,
and
thus
it
is
established
,
and
for
ages
and
immemorial
time
hath
thus
continued
;
a
long
Succession
of
Kings
have
recognized
it
to
be
such
;
And
just
now
when
we
are
under
the
dread
of
a
Popish
Successor
,
some
of
our
Clergy
are
illuminated
into
a
mystery
,
that
hath
been
concealed
from
the
beginning
of
Governments
to
this
day
,
from
the
wisdom
of
all
Princes
and
Ministers
of
State
.
That
any
authority
in
the
Government
not
derived
from
the
King
,
and
that
is
not
to
yield
to
his
absolute
Will
,
was
rebellious
and
against
the
Divine
Right
and
Authority
of
Kings
in
the
Establishment
,
against
which
no
usage
or
prescription
to
the
contrary
,
or
in
abatement
of
it
,
is
to
be
allowed
.
That
all
Rights
are
ambulatory
,
and
depend
for
their
continuance
upon
his
pleasure
.
So
that
though
the
Reformation
was
made
here
by
the
Government
established
by
Law
,
and
hath
acquired
civil
Rights
not
to
be
altered
,
but
by
the
King
and
the
three
Estates
.
These
men
yet
speak
(
say
you
)
as
if
they
envied
the
Rights
of
their
own
Religion
,
and
had
a
mind
to
reduce
the
Church
back
again
into
a
state
and
condition
of
being
persecuted
,
and
designed
she
should
be
stript
of
her
Legal
Immunities
and
Defensatives
,
and
brought
back
to
the
deplorable
helpless
condition
of
Prayers
and
Tears
,
do
utterly
abandon
and
neglect
all
the
Provisions
that
God
's
providence
hath
made
for
her
protection
.
Nay
,
by
this
their
new
Hypothesis
,
they
put
it
by
Divine
Right
into
the
power
of
a
Popish
Successor
;
when
he
pleaseth
at
once
by
a
single
indisputable
and
irresistable
Edict
,
to
destroy
our
Religion
and
Government
.
And
these
opinions
,
you
say
,
they
are
the
more
inclined
to
entertain
;
For
,
That
they
believe
no
Plot
,
but
a
Presbyterian
Plot
;
for
,
of
them
they
believe
all
ill
,
and
call
whom
they
please
by
that
hated
name
,
and
boldly
avow
that
Popery
is
more
eligible
than
Presbytery
;
for
by
that
they
shall
have
greater
revenues
,
and
more
Authority
and
Rule
over
the
Lay-men
.
This
is
a
heavy
charge
if
true
,
but
it
is
imputable
(
I
am
sure
)
but
to
a
few
,
and
not
so
generally
,
as
some
malevolent
men
of
the
Popish
Faction
are
industriously
busie
to
have
it
.
For
if
it
were
,
I
confess
,
it
might
choque
the
constancy
,
Resolution
and
Zeal
of
the
most
addicted
,
to
the
service
of
the
Church
men
,
and
make
them
at
least
very
indifferent
in
their
concerns
.
For
these
mistakes
are
so
gross
and
inexcusable
,
that
they
ought
to
be
permitted
to
suffer
the
smart
of
their
own
follies
,
and
to
be
corrected
by
the
evils
they
are
drawing
down
upon
themselves
,
with
their
own
hands
.
They
deserve
to
suffer
as
betrayers
of
their
own
Country
,
and
to
be
prosecuted
with
greater
shame
and
ignominy
,
by
all
of
the
Reformed
Religion
,
than
the
Traditores
were
by
the
antient
Christians
.
These
their
diserting
of
the
true
Christian
Faith
,
being
much
less
excusable
then
that
of
theirs
,
and
of
greater
mischief
,
as
of
deeper
malignity
.
How
many
of
the
Clergy-men
are
thus
misled
we
know
not
,
but
they
seem
many
more
than
they
are
,
because
they
are
most
in
view
,
and
come
often
under
observation
,
frequent
publick
houses
,
and
talk
loud
,
because
they
want
the
Complement
of
their
preferments
.
But
certainly
Sir
,
what
you
say
to
be
the
declared
opinions
of
some
Clergy-men
,
is
the
business
now
of
the
Papists
to
propagate
.
Hoc
Ithacus
velit
&
magno
mercantur
Atridae
.
These
are
agreeable
to
,
and
indeed
make
up
the
most
modern
Project
and
Schem
of
the
Popish
Plot.
Since
the
discovery
of
their
first
design
of
killing
the
King
,
and
massacring
of
the
Protestants
.
They
have
taken
such
courage
by
observing
how
little
power
we
have
to
prevent
their
design
,
that
they
have
us
in
scorn
,
and
in
the
vilest
contempt
.
They
now
think
that
we
are
not
worth
destroying
,
but
by
our
own
hands
,
that
we
are
not
worthy
of
their
trouble
,
or
the
charge
of
Executioners
of
their
providing
.
How
entertaining
is
it
to
his
Holiness
,
to
find
the
Church
of
England
,
the
impregnable
Bulwark
of
the
Reformed
Religion
,
easily
fall
into
his
hands
,
by
the
unpresidented
folly
of
some
of
her
Sons
,
without
the
trouble
of
attacking
her
,
either
by
force
or
Argument
,
which
hath
hitherto
wanted
success
,
and
the
attempts
always
attended
with
dishonor
,
and
mischief
to
his
See
.
How
pleasant
will
it
be
to
him
to
see
us
perish
,
and
our
destruction
to
be
from
our selves
.
With
this
he
will
answer
all
the
irrefragable
Apologies
of
the
Church
of
England
,
for
her
departure
from
the
Communion
of
the
Romish
Church
.
Then
he
will
say
with
triumph
,
our
Church
destroyed
her self
,
and
perished
by
a
Divine
Fate
,
for
her
unwarrantable
and
Sacrilegious
Schism
;
for
so
he
will
call
our
follies
,
and
impute
them
to
Divine
infatuations
.
The
manner
of
our
destruction
will
be
a
better
Argument
,
and
of
more
force
against
the
Doctrine
of
the
Reformation
,
than
all
the
Arguments
of
all
the
Doctors
of
that
Church
to
this
day
.
For
this
purpose
,
since
the
Discovery
of
the
Popish
Plot
,
it
is
that
Sir
Robert
Filmers
Books
were
Re-printed
together
,
and
recommended
by
the
Title
Page
and
the
publick
Gazet
to
our
reading
.
Since
the
Discovery
of
the
Plot
,
we
have
had
variety
of
Books
Printed
to
the
same
purpose
;
viz.
To
prove
that
all
Kings
as
Kings
are
absolute
by
Divine
Right
.
Since
the
Discovery
of
the
Popish
Plot
,
we
have
had
men
imployed
to
search
all
our
antient
Records
and
Histories
,
to
find
out
something
more
antient
than
our
Parliaments
as
now
constituted
,
that
it
may
serve
as
a
pretence
to
take
them
away
.
Since
the
Discovery
of
the
Popish
Plot
,
we
have
the
memory
of
our
late
calamitous
War
revived
,
to
raise
a
Pannick
fear
of
another
,
and
to
make
the
King
believe
that
the
genius
of
the
Nation
is
Rebellious
,
and
that
the
Protestant
Religion
it self
is
to
be
apprehended
by
Kings
.
It
is
difficult
to
tell
how
that
late
unhappy
War
began
,
or
how
it
came
to
issue
so
Tragically
in
the
Death
of
the
Late
King
,
though
we
know
how
it
ended
,
viz.
The
Nation
recovered
within
twelve
years
after
the
most
deplored
Death
of
that
excellent
King
into
a
renowned
Loyalty
,
and
in
spight
of
a
great
Armed
Power
,
never
before
foil'd
,
ever
victorious
,
then
kept
on
foot
for
the
interest
of
a
very
few
men
,
restored
our
present
King
(
may
his
Reign
be
long
and
happy
)
to
the
Government
of
his
Kingdoms
,
without
the
least
assistance
of
any
of
the
Cavalier
party
,
and
oblig'd
a
wary
General
in
the
head
of
a
factious
and
republican
army
to
Loyalty
.
Nay
within
that
time
also
,
the
Nation
had
recovered
out
of
their
partial
Lapse
into
Fanaticisme
,
bread
up
great
numbers
of
excellent
Schollars
,
who
masterd
the
prejudices
of
those
times
,
were
reverenced
by
the
chief
of
the
Presbyterian
party
,
and
are
the
beauty
and
strength
of
the
Church
of
England
at
this
time
.
The
Presbyterians
themselves
were
grown
reconcileable
to
the
Church
of
England
,
and
had
learnt
by
woful
experience
the
mischievousness
of
Schisme
,
upon
no
better
pretences
than
what
then
might
have
been
satisfied
and
accommodated
.
When
the
King
and
Church
were
restored
,
Fanaticisme
had
expired
,
if
some
old
peevish
and
stiff
Church-men
had
not
studied
obstacles
against
a
universal
accommodation
,
and
some
crafty
Statesmen
had
not
projected
that
the
continuance
of
the
Schisme
would
be
of
great
service
some
time
or
other
,
to
destroy
the
Church
of
England
,
and
change
our
antient
Government
,
which
is
now
apparently
the
Popish
Plot
,
and
if
ever
it
be
effected
,
it
will
be
with
this
trick
of
affrighting
the
Church
of
England
with
the
apprehension
of
Fanaticisme
,
and
making
them
suspicious
of
Parliaments
.
As
many
of
them
as
are
drawn
into
an
opinion
of
the
disloyalty
of
our
late
Parliaments
,
the
illusions
of
the
Popish
Plot
hath
passed
upon
them
,
and
they
are
under
the
power
of
its
fascinations
.
But
both
the
Loyalty
of
the
late
Parliaments
,
and
also
how
much
it
imports
the
Plotters
to
have
it
believed
that
they
design
upon
the
present
Government
,
will
at
once
be
clearly
understood
;
if
it
be
considered
what
hath
been
done
for
the
forging
of
a
Protestant
Plot
,
(
which
was
intended
at
the
first
opening
to
extend
to
the
House
of
Commons
)
Things
so
wicked
as
would
make
a
virtuous
man
ashamed
of
the
age
he
lives
in
.
But
after
all
endeavors
to
find
witnesses
for
their
purpose
,
powerful
encouragements
and
great
rewards
,
they
have
drawn
none
into
their
assistance
,
but
who
are
publickly
known
for
Rogues
,
or
who
wanted
Bread
,
or
had
no
Reputation
to
loose
.
If
the
falshood
of
this
forged
Plot
had
not
been
utterly
improbable
,
they
might
have
procured
better
seeming
,
and
more
credible
witnesses
.
They
might
sure
have
found
in
this
age
men
bad
enough
,
not
already
infamous
to
have
testified
a
probable
Lye
.
But
so
necessary
it
is
to
the
Popish
design
,
that
a
Protestant
Plot
be
believed
that
they
are
not
discouraged
at
the
manifest
detection
of
their
conspiracies
,
perjuries
and
subornations
;
but
will
still
go
on
as
if
they
had
a
power
to
work
miracles
of
villany
for
their
Religion
,
which
is
no
better
.
Our
modern
Politicians
have
been
most
observant
agreeably
to
their
virtuous
make
;
how
frauds
,
perjuries
and
violence
have
prospered
,
and
succeeded
in
some
particular
cases
,
and
have
brought
about
some
designs
,
imagine
such
means
throughly
multiplied
,
to
be
able
to
conquer
all
things
which
they
design
.
But
these
Arts
which
have
had
success
by
the
permission
of
God
,
when
one
Villain
hath
been
to
destroy
another
,
will
not
pass
upon
the
Protestant
Religion
.
Let
them
seriously
in
time
despair
,
and
give
over
such
enterprises
,
For
there
is
no
Enchantment
against
Jacob
,
nor
Divination
against
Israel
,
the
Lot
of
Gods
inheritance
,
and
his
peculiar
Care
.
If
Mordecai
be
of
the
Seed
of
the
Jews
,
Haman
shall
fall
before
him
.
It
is
matter
of
comfort
to
us
,
and
dispair
to
the
Plotters
,
that
not
one
of
their
Plots
yet
,
but
hath
proved
Abortive
,
or
they
have
been
defeated
by
their
very
success
.
Besides
,
pray
let
it
be
observed
how
this
Design
of
lessening
our
just
confidence
in
Parliaments
,
is
otherwise
carried
on
and
promoted
.
It
is
now
become
the
principal
business
of
the
Mercenary
Writers
for
the
Plot
,
to
pick
up
and
cull
out
all
the
enormities
and
irregularities
of
those
times
,
the
Vitia
temporum
,
and
stories
of
wild
pranks
of
some
beastly
Fanatical
people
,
that
exceeded
the
common
degeneracy
of
those
ill
times
,
into
which
the
Nation
by
undicernable
degrees
so
fouly
lapsed
,
to
make
thereof
an
ugly
Vizard
,
and
this
they
clap
unduly
upon
four
fifths
of
the
Nation
,
upon
all
that
love
and
adhere
to
our
Government
and
Religion
,
to
render
them
suspected
of
destroying
again
the
English
Monarchy
and
the
Protestant
Religion
,
even
for
those
very
proceedings
that
they
make
for
preserving
both
.
For
the
service
of
Popery
requires
,
that
whosoever
opposes
it
must
be
branded
with
Treason
and
Fanaticisme
;
that
such
delicate
persons
as
are
fond
of
the
name
of
Loyalty
,
though
they
understand
not
in
what
it
consists
;
that
hate
the
name
of
Fanatick
,
since
it
is
become
as
common
a
name
of
reproach
,
as
the
Son
of
a
Whore
;
though
they
understand
not
so
well
what
it
means
,
will
be
sure
so
to
behave
themselves
,
as
to
be
reckoned
for
Loyal
and
not
Fanatical
,
by
taking
the
measures
of
the
one
and
the
other
,
according
to
the
new
notion
of
the
Plot
Writers
,
may
become
theirs
with
all
their
idle
prattle
.
But
let
them
make
their
best
of
this
foolish
sort
of
men
,
if
that
was
all
they
could
effect
by
this
project
.
But
they
design
further
upon
the
Nation
,
viz.
to
match
the
fears
of
Popery
,
with
a
fear
as
great
of
the
like
Evils
to
those
of
Forty
one
,
as
if
these
Plotters
had
power
by
their
interest
to
raise
a
new
War
,
when
we
have
power
and
authority
in
our
Government
,
if
it
were
exerted
,
to
destroy
them
by
Justice
.
But
these
State
Mountebanks
think
it
convenient
,
because
the
Nation
was
cast
into
a
Frenzy
in
Forty
one
;
therefore
now
when
in
perfect
health
,
we
are
to
be
cast
into
a
Lethargy
to
prevent
our
relapse
,
and
in
the
mean
time
they
intend
we
should
perish
insensibly
and
quietly
,
that
way
they
design
to
destroy
us
.
It
is
since
the
Discovery
of
the
Popish
Plot
,
that
Popish
Mercenaries
have
been
hired
to
write
virulent
Libels
against
the
Church
,
and
bitter
invectives
against
Fanaticks
.
Out
of
the
same
Mint
came
a
villanous
Libel
,
called
Omnia
Comesta
a
Belo
against
the
Church
,
apt
to
render
the
Church-men
suspicious
of
another
detestable
Sacriledge
designed
.
And
that
loathsome
Print
entitled
the
Committee
or
Popery
in
Masquerade
.
Many
parts
whereof
hath
no
other
reason
of
belief
,
but
that
they
have
been
the
Subject
of
some
drunken
Rhimes
in
former
times
,
but
it
is
in
the
whole
an
insufferable
Libel
against
the
Nation
by
its
application
to
this
age
.
These
Mercenaries
are
the
Authors
as
well
of
treasonable
Libels
against
the
King
which
they
forme
,
so
as
they
may
seem
to
come
from
the
Fanatick
party
,
to
render
the
King
jealous
of
them
,
as
they
are
of
the
Libels
against
the
Parliament
and
their
proceedings
,
to
breed
misunderstandings
between
the
King
,
Parliament
and
People
.
It
is
since
the
Popish
Plot
was
discovered
,
that
Fanaticisme
is
represented
more
intolerable
than
Popery
.
That
the
Popish
Plot
evident
to
the
satisfaction
of
the
King
and
several
Parliaments
,
and
of
our
greatest
Judicatures
,
is
yet
told
us
not
to
be
so
certain
,
as
that
the
Fanaticks
are
Traitors
in
their
hearts
,
though
they
own
no
principles
as
the
Papists
do
that
warrant
Treasonable
practices
.
And
these
Mercenaries
as
frankly
,
as
if
they
had
for
the
dividing
of
the
Nation
a
Warrant
so
to
do
,
call
all
Fanaticks
that
oppose
Popery
,
desire
Parliaments
,
and
expect
they
should
use
that
power
that
is
lodged
in
them
,
to
keep
out
Popery
,
and
preserve
our
Government
,
and
to
bring
to
punishment
those
wicked
men
,
that
have
notoriously
designed
to
destroy
it
.
The
belief
of
the
Popish
Plot
in
the
mean
time
,
is
by
scoffs
and
paltry
Rhimes
,
permitted
publickly
to
be
sung
in
the
Streets
,
put
out
of
Countenance
,
and
those
that
believe
it
exposed
as
a
sort
of
credulous
Fools
,
or
designing
Knaves
.
Such
a
vile
esteem
the
Papists
now
have
of
us
,
that
they
prosecute
us
with
their
scorn
,
and
use
us
as
if
we
were
below
their
hate
.
They
think
our
divisions
which
they
have
made
have
already
destroyed
us
;
and
they
now
hire
a
sort
of
Scaramouchy
Zanys
,
Merry
Andrews
and
Jack-Puddings
to
insult
over
us
,
and
make
sport
at
our
miseries
.
These
pleasant
Knaves
cry
with
one
side
of
the
Face
,
and
laugh
with
the
other
,
but
in
the
mean
time
they
cry
in
jest
,
but
laugh
in
good
earnest
.
He
that
had
the
art
of
imitating
a
grave
Spaniard
with
one
side
of
his
body
,
and
a
brisk
French
man
on
the
other
side
rendred
both
Nations
ridiculous
.
These
vain
fellows
deprave
every
thing
they
meddle
with
,
and
what
ever
they
say
of
Church
or
State
,
Religion
or
Policy
,
is
raillery
and
abuse
and
Pamphleting
scurrility
.
Lord
under
what
seeming
fatality
do
we
labor
,
that
it
can
be
thought
to
the
Service
of
the
Church
or
State
,
to
employ
such
Knaves
.
We
are
used
like
Samson
bound
,
and
our
Eyes
put
out
,
and
made
sport
for
the
Philistims
.
By
these
pyd
Pipers
,
our
young
men
are
seduced
,
and
danc'd
down
a
precipice
,
though
these
merry
Knaves
have
not
skill
enough
to
commend
them
for
Rat-catchers
;
if
our
City
should
be
infested
with
that
vermin
,
as
they
say
the
Town
of
Hammel
once
was
.
But
the
Daemon
that
appeared
there
a
pyd
Piper
who
destroy'd
their
Children
as
well
as
their
Rats
,
was
not
more
mischievous
to
that
Town
,
than
these
motley
Knaves
are
to
the
Kingdom
and
Nation
.
It
is
an
insufferable
indignity
,
that
the
tragical
State
of
our
Nation
should
become
almost
daily
the
matter
of
a
Rascally
Farse
;
the
very
anguish
and
groans
of
the
Nation
turned
into
Laughter
and
Mockery
,
such
a
barbarity
was
never
used
to
a
Nation
.
It
is
an
excess
of
Petulancy
,
to
make
abstract
misery
in
the
very
form
of
it
,
mimically
represented
matter
of
Mirth
and
Laughter
.
These
men
were
born
out
of
time
,
and
were
fit
for
no
age
but
that
of
Nero
,
of
whose
consort
they
should
have
been
,
when
he
played
the
Destruction
of
Troy
,
to
the
Burning
of
Rome
.
But
I
do
not
doubt
but
His
Majesties
Justice
will
e're
long
overtake
these
incendiaries
,
that
are
so
pleasant
at
the
embroilment
of
his
Kingdom
,
when
it
shall
be
duly
represented
to
him
what
beautefeau's
they
are
,
and
unmerciful
deriders
of
the
Calamities
of
his
People
,
which
they
occasion
or
promote
,
tho
they
think
they
may
pass
any
thing
of
this
kind
upon
the
Nation
made
vain
,
with
trifling
false
wit
and
Buffoonery
.
It
is
now
Twenty
years
since
our
Nation
was
infected
with
this
sort
of
wit
,
and
now
we
are
to
dye
of
the
disease
,
and
we
have
a
Fiddle
provided
for
us
that
have
been
bit
with
this
venemous
Tarantula
,
to
dance
and
frisk
us
to
our
destruction
not
to
our
cure
,
and
yet
we
pay
the
Fidler
.
This
thing
wit
,
the
greatest
debauchment
of
this
age
hath
depraved
not
only
the
manners
,
but
the
Judgment
and
understanding
of
the
Nation
too
.
It
hath
been
accounted
the
best
accomplishment
of
men
in
place
,
the
best
part
of
the
Learning
of
this
last
Age
:
It
is
not
the
reason
of
the
Leviathan
,
so
much
as
the
vanity
of
wit
,
that
hath
propogated
atheism
and
corrupted
our
manners
.
This
hath
made
our
Judgments
insincere
and
trifling
,
and
our
determinate
resolutions
in
matters
of
the
greatest
moment
slight
and
Phantastical
introduc't
idleness
and
neglect
of
solid
Learning
,
which
requires
labor
and
application
to
obtain
,
while
this
extemporary
faculty
has
been
accounted
an
admired
accomplishment
.
There
is
a
sort
of
wit
very
commendable
which
Tully
calls
celeritas
in
verbis
,
and
the
Greek
Epigram
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
which
is
a
pleasant
entertainment
in
conversation
,
and
a
commendable
refreshment
,
where
our
minds
are
tired
with
anxious
and
graver
business
,
and
the
troubles
and
cares
of
human
life
,
but
this
ought
to
observe
its
times
,
its
proper
subjects
,
it
ought
to
be
confined
to
Table
talk
,
an
evening
compotation
,
and
the
hours
of
mirth
,
and
the
relaxation
of
our
mind
:
It
may
be
used
decently
in
a
Comical
Farce
;
but
it
is
not
allowable
in
Satyr
,
most
undecent
is
the
use
of
it
in
Tragedy
.
But
yet
it
hath
insolently
interposed
in
our
Politicks
,
governed
publick
Councels
,
sometimes
determined
debates
in
Parliament
,
hath
made
our
Pulpits
contemptible
,
our
Theology
trifling
:
It
is
admitted
to
resolve
the
greatest
Questions
and
determine
Cases
of
Conscience
,
to
establish
and
refix
Church
Gevernment
,
hath
usurped
,
an
authority
to
alter
and
pull
down
Governments
,
and
to
render
them
tottering
,
when
they
are
as
firmly
establisht
and
fixt
as
a
Rock
.
That
Wit
that
is
abhorred
by
all
men
that
are
wise
and
honest
,
is
that
versatile
shifting
,
squinting
,
distorting
of
the
understanding
,
that
it
views
nothing
truly
and
represents
things
not
according
to
their
true
nature
,
but
under
false
Fantastical
Schemes
,
which
they
affix
to
them
to
abuse
the
judgments
of
others
,
a
man
can
never
arrive
to
any
perfection
in
this
faculty
,
untill
he
is
become
false
,
and
lost
his
truth
and
modesty
,
and
none
but
weak
men
are
entertained
with
it
,
and
such
who
do
not
desire
to
understand
truth
,
but
to
serve
a
turn
and
love
to
be
deceived
,
and
deceive
themselves
for
advantage
,
it
is
in
perfection
in
old
Knaves
,
and
admired
by
young
Coxcombs
:
It
is
the
Hypocrisie
of
the
Tongue
,
a
plausible
mode
of
lying
and
slandring
,
and
at
best
but
a
pleasant
Knavery
.
It
will
render
ridiculous
or
culpable
by
false
representations
the
most
noble
and
heroical
actions
,
and
put
false
colors
upon
most
detestable
Villanies
.
It
can
discredit
a
man
by
honoring
him
,
and
make
a
thing
incredible
by
the
very
mode
of
believing
it
,
making
a
man
ridiculous
,
it
concludes
him
at
the
same
time
unworthy
,
and
to
confute
the
most
avowed
Truths
,
there
needs
no
more
than
to
raise
a
fit
of
laughter
upon
it
,
which
has
the
same
effect
with
the
men
of
Wit
,
and
their
vain
admirers
as
reducing
a
false
proposition
to
an
absurdity
:
Thus
the
reason
of
this
age
is
governed
by
our
risibility
.
The
Popish
Writers
have
thus
tickled
us
with
their
Wit
,
that
we
are
ready
to
dye
and
perish
laughing
,
and
we
know
not
,
nor
care
to
Judge
what
does
truly
concern
our
preservation
.
And
by
improving
the
vanity
of
some
youngsters
,
they
have
drawn
them
to
question
the
Truth
of
the
Popish
Plot
,
and
some
can
believe
every
hour
of
the
day
when
they
meet
with
a
merry
Popish
Pamphlet
that
there
is
a
Protestant
Plot
on
foot
;
though
they
believe
it
,
I
am
sure
not
much
longer
than
they
are
reading
it
.
I
will
not
grudge
my
pains
in
furnishing
a
short
Demonstration
of
the
Popish
Plot
,
since
it
is
of
such
importance
to
the
saving
of
these
men
and
the
whole
Nation
,
which
possibly
may
fix
their
minds
(
notwithstanding
so
vain
they
be
)
into
a
belief
of
it
,
which
I
have
made
short
that
it
may
be
the
better
remembred
,
which
I
do
in
kindness
to
them
,
since
it
was
lately
(
and
may
be
so
again
shortly
)
a
criminal
matter
to
bring
the
truth
of
it
into
question
,
and
they
are
by
all
honest
men
reckoned
as
Plotters
themselves
who
doubt
it
.
The
Plot
has
been
declared
by
the
Kings
Proclamation
,
and
four
Parliaments
,
one
of
them
consisting
of
Pensioners
and
Dependents
on
the
Court
,
which
for
eighteen
years
together
,
were
giving
Demonstrations
of
their
Loyalty
to
their
Prince
,
almost
forgetting
the
publick
Weal
:
A
solemn
National
Fast
has
been
Indicted
by
the
Civil
and
Ecclesiastical
Authority
of
the
Kingdom
,
for
averting
the
mischiefs
thereby
designed
,
and
solemnly
Celebrated
by
the
whole
Nation
,
in
which
certainly
they
did
not
mock
God
and
deride
his
providence
.
Many
unparalleld
Villanies
have
been
committed
for
the
stifling
,
concealing
and
suppressing
the
discovery
of
it
,
which
(
however
wicked
the
Papistical
sort
of
base
,
false
and
degenerate
Christians
are
)
we
cannot
without
breach
of
Charity
towards
them
,
think
they
would
commit
cheaply
,
and
without
cause
,
and
to
no
purpose
.
They
have
murdered
a
Minister
of
Justice
,
because
he
had
the
knowledge
of
it
,
and
left
nothing
undone
that
they
thought
necessary
to
Assacinate
another
for
strenuously
opposing
it
.
They
have
attempted
upon
the
Lives
of
our
Witnesses
,
by
perjuries
and
forgeries
,
they
have
endeavored
to
charge
them
with
the
most
infamous
crimes
,
endeavored
to
destroy
them
in
their
Lives
and
Reputations
too
in
a
forme
of
Justice
.
They
have
attempted
by
fears
and
rewards
upon
the
integrity
of
all
our
Witnesses
,
to
draw
them
to
retract
their
Testimony
against
the
Plot
,
for
which
some
of
their
Agents
have
been
judicially
censured
;
One
Gentleman
to
the
Pillory
,
Fined
a
1000
l.
and
Condemned
to
a
years
imprisonment
,
so
evident
and
notorious
was
his
offence
,
and
by
the
Court
thought
so
heinous
:
That
it
provoked
the
passion
of
the
Court
,
and
they
seemed
to
exceed
the
ordinary
Rules
of
Justice
,
for
that
they
judged
the
Case
to
be
of
an
exorbitant
and
transcendent
nature
.
The
Plot
of
the
Meal
Tub
is
so
sublimated
a
piece
of
wickedness
,
the
last
accomplishment
of
villany
,
it
hath
out-done
all
former
,
and
will
never
be
out-done
in
after
ages
.
The
Papists
by
the
Discovery
of
the
first
Plot
became
less
hopeful
in
a
Massacre
,
and
of
effecting
their
purpose
by
force
:
They
dare
not
now
kill
the
King
,
for
that
the
World
would
not
now
believe
it
to
be
done
by
Mr.
Claypole
and
his
accomplices
,
which
must
have
born
the
blame
from
the
Papists
,
and
he
and
they
long
since
Executed
as
Traitors
,
if
that
part
of
the
Plot
against
the
Kings
Life
,
had
not
been
prevented
by
being
detected
.
I
say
the
first
design
of
the
Plot
being
rendered
less
feasible
by
the
discovery
,
they
keep
the
King
alive
with
care
as
well
for
their
avoiding
the
rage
of
the
Nation
,
as
to
lessen
the
credit
of
the
Plot
:
But
contrive
to
destroy
as
many
as
they
thought
fit
to
be
Massacred
in
forme
of
a
legal
process
,
and
to
charge
them
with
a
design
of
raising
Rebellion
against
the
King
:
They
had
made
a
List
of
a
great
number
,
whom
they
intended
to
charge
principal
Nobles
and
worthy
Gentlemen
about
the
Town
,
had
prepared
witnesses
to
swear
the
charge
against
them
,
and
would
with
more
ease
after
the
first
Conviction
and
Execution
,
have
sworn
all
that
they
had
a
mind
to
destroy
into
the
same
guilt
.
And
thus
all
the
truly
Religious
,
the
noble
,
good
and
virtuous
of
our
Nation
,
that
had
courage
enough
to
own
,
assert
and
defend
the
true
Christianity
,
and
our
Government
must
to
the
eternal
dishonor
of
our
Nation
and
Religion
,
have
suffered
the
execrable
death
of
Traitors
.
We
have
reason
to
think
them
humane
,
when
they
only
designed
a
Gun-powder
Treason
or
a
Massacre
,
and
our
abhorrence
of
this
usage
dischargeth
in
us
all
reluctancy
to
Martyrdom
:
Let
them
bring
us
to
the
Stake
as
Martyrs
,
then
we
shall
bear
our
Testimony
to
the
truth
of
the
best
Religion
,
and
our
Lives
will
not
be
cheaply
lost
;
but
by
this
means
we
must
be
forced
to
dishonor
this
Religion
by
our
deaths
,
by
a
Massacre
or
a
Gun-powder
Plot
,
the
vileness
,
cruelty
and
treachery
of
that
Apostate
Church
,
had
been
declared
to
all
the
World
,
and
that
false
Religion
,
as
well
as
the
professors
of
it
,
had
been
rendered
detestable
,
for
which
end
a
good
man
would
scarce
refuse
to
dye
,
but
by
this
means
they
would
have
forced
us
to
personate
their
own
proper
Crimes
and
Villanies
,
and
dishonor
our
own
peaceable
and
holy
Religion
:
A
man
of
Honor
prefers
his
Honor
to
his
Life
,
and
would
redeem
it
by
his
Death
:
But
by
this
means
we
were
,
though
innocent
to
lose
our
Lives
by
dishonor
,
and
to
fasten
a
stain
upon
our
Memories
by
our
death
.
The
Priests
,
their
impudent
Lyes
at
their
deaths
in
denying
the
matters
of
the
Plot
,
of
which
they
were
upon
clear
evidence
Convicted
and
Sentenced
,
must
have
past
for
truths
,
and
all
our
worthy
men
dying
with
protestations
of
their
innocence
,
must
to
the
everlasting
infamy
of
our
Religion
and
Nation
,
been
accounted
false
and
impious
at
their
last
breath
,
there
is
no
reason
to
be
assign'd
of
the
patience
of
God
or
Man
towards
such
miscreants
,
but
that
they
may
have
time
to
add
one
impiety
to
another
,
until
an
easie
vengeance
triumphs
over
them
;
for
though
this
last
mentioned
Plot
is
cleared
beyond
all
exception
,
their
Faces
are
hardened
,
and
they
are
not
yet
ashamed
;
but
have
since
contrived
and
suborned
Witnesses
to
swear
the
very
Discovery
of
the
first
Plot
to
be
a
false
contrivance
of
a
Plot
against
the
Papists
.
To
this
purpose
they
suborned
a
Son
by
perjury
to
commit
parricide
against
his
Father
,
the
greatest
Sin
against
Earth
,
the
other
the
greatest
affront
against
Heaven
;
What
a
Religion
is
this
that
must
be
thus
supported
!
Nay
,
as
if
they
did
not
fear
or
care
to
loose
the
favour
of
their
most
indulgent
Prince
,
which
they
have
possest
since
he
chose
to
trust
them
rather
than
his
Protestant
Subjects
,
in
making
his
escape
at
Worcester
;
they
have
contrived
these
two
last
Plots
with
such
Art
,
as
to
bring
them
under
His
Majesties
observation
,
and
represented
them
as
things
fit
for
his
encouragement
:
Sure
if
they
were
not
urged
with
the
fears
of
a
real
guilt
,
and
a
restless
Conscience
of
the
Plot
,
they
would
never
have
adventured
thus
to
have
interested
the
honor
of
the
King
,
and
to
tempt
him
to
abandon
them
to
the
publick
Justice
of
the
Nation
,
which
begins
to
grow
impatient
by
the
delays
of
it
against
this
Hellish
Plot
:
For
we
have
had
four
Parliaments
dissolved
since
the
Discovery
of
it
,
one
a
darling
to
the
Crown
.
The
bringing
into
question
the
Dissolution
of
that
Parliament
in
the
House
of
Peers
,
upon
the
reason
of
an
unnatural
Prorogation
,
was
not
long
before
censured
,
and
some
great
Lords
imprisoned
,
therefore
proceeding
so
unwarrantable
,
that
it
was
after
thought
fit
by
that
House
to
obliterate
the
Memory
of
them
;
so
necessary
was
that
Parliament
then
thought
to
the
service
of
the
Crown
.
The
Dissolution
of
that
Parliament
gave
us
reason
to
fear
that
the
King
had
no
more
business
for
Parliaments
.
By
these
Dissolutions
,
no
publick
ends
that
are
intelligible
are
served
,
no
interest
is
gratified
,
no
persons
of
any
sort
receive
their
satisfaction
but
the
Plotters
,
and
the
Plot
are
respited
thereby
from
publick
Justice
,
and
gain
time
to
bring
the
Plot
to
effect
.
This
is
the
end
the
Papists
have
served
,
but
the
King
our
great
Physician
of
State
,
had
another
reason
that
hath
governed
him
,
for
he
knew
the
strength
of
the
Plot
,
our
Disease
,
and
that
a
Disease
that
is
dangerous
,
is
sometimes
to
be
palliated
until
the
season
comes
to
make
a
thorow
Cure
,
for
it
many
times
kills
the
patient
to
precipitate
the
Crisis
;
all
these
Demonstrations
of
the
Plot
are
past
under
every
mans
observation
.
But
that
we
know
so
little
of
it
after
all
this
time
:
It
is
now
above
three
years
since
the
first
discovery
,
that
the
Plotters
now
ordinarily
escape
Justice
.
That
a
great
Judge
did
abate
his
first
Zeal
in
punishing
the
Plot
,
least
he
should
exasperate
it
,
and
Reason
of
State
might
thus
require
it
.
These
things
prove
the
greatness
and
strength
of
the
Plot
as
well
as
the
reality
of
it
,
these
declare
the
Plotters
interest
is
great
,
that
the
Plot
is
yet
unbroken
,
stanch
and
hopeful
,
and
therefore
we
are
not
to
believe
our selves
well
,
and
live
sine
Regimine
as
the
Physicians
say
,
but
to
expect
address
to
and
desire
our
Cure
.
And
that
the
Papists
think
it
yet
hopeful
,
is
evident
from
the
Priests
and
the
Lawyer
,
abjuring
their
guilt
with
their
last
breath
.
We
had
the
honest
Confessions
of
the
Convicted
Priests
and
other
Traitors
,
of
the
Popish
Treasons
of
which
they
stood
Convicted
in
the
time
of
Queen
Elizabeth
,
and
in
the
time
of
King
James
,
of
the
Gun-powder
Treason
.
What
then
could
induce
our
Plotters
Convict
,
to
utter
most
solemn
perjuries
the
next
minute
before
they
were
to
appear
to
God
?
nothing
sure
but
that
they
then
hoped
that
the
Plot
might
be
executed
;
they
did
it
for
the
interest
and
service
of
their
Church
,
and
for
the
better
bringing
it
to
effect
:
For
which
they
dyed
,
and
for
which
at
their
deaths
,
to
conceal
,
they
adventured
Heroically
upon
lyes
and
perjuries
,
which
if
confessed
would
have
been
frustrated
and
become
Abortive
:
For
it
must
not
be
believed
that
that
Church
is
so
degenerate
,
as
to
permit
and
allow
men
to
such
impieties
,
for
the
punctilio's
of
honor
,
though
of
the
Church
it self
:
But
while
they
are
not
done
for
the
sake
of
him
that
commits
them
,
but
for
an
important
interest
of
their
Church
,
(
such
as
the
carrying
on
of
this
Plot
)
they
say
they
loose
their
nature
by
the
direction
of
the
intention
,
they
become
a
pure
piece
of
mortification
and
self
denyal
,
an
adventure
to
trust
God
in
what
they
do
for
his
sake
,
and
for
his
service
;
and
their
Casuists
will
no
more
call
them
in
this
Case
lyes
or
perjuries
,
than
Abraham's
offering
up
his
Son
Isaac
(
though
that
was
at
Gods
express
command
)
was
murder
.
But
the
God
of
Truth
,
that
God
who
hath
declared
,
that
when
he
himself
in
any
entercourse
with
Mankind
interposeth
an
Oath
,
that
the
matter
under
that
Oath
is
irrevocable
,
peremptory
and
absolute
,
cannot
license
or
dispense
with
perjurious
falshoods
for
any
end
whatsoever
.
But
I
must
remark
one
thing
more
,
and
that
is
,
touching
the
credit
of
Dr.
Titus
Oats
,
and
Capt.
William
Bedloe
,
viz.
That
they
have
been
incurious
in
their
conversation
,
have
followed
their
own
natural
course
,
allowed
themselves
in
their
passions
,
have
been
apert
and
unreserved
,
have
not
cared
who
they
offended
,
have
sought
no
mans
favour
,
seem
to
care
for
no
mans
opinion
,
have
valued
and
supported
themselves
only
by
their
veracity
,
and
have
seemed
to
set
all
the
World
at
defiance
to
find
a
flaw
in
their
evidence
,
and
have
had
little
of
friendship
or
esteem
,
but
for
the
sake
of
their
discovery
.
Besides
that
so
long
a
time
hath
not
afforded
a
possibility
by
all
the
Artifice
,
Interest
and
unhallowed
frauds
of
Rome
,
to
falsify
any
one
part
of
that
evidence
.
But
numberless
events
have
given
credit
and
authentickness
to
their
Testimony
:
Did
ever
any
feigned
Testimony
bear
it self
up
with
so
much
Confidence
,
Bravery
and
Assurance
?
was
there
ever
any
false
witness
that
did
not
endeavour
to
render
himself
acceptable
,
to
bespeak
favour
which
draws
after
it
eredit
,
and
to
appear
of
the
most
unexceptionable
behaviour
?
Their
faults
and
imprudences
such
as
they
have
been
,
we
would
not
have
wanted
to
make
their
evidence
beyond
all
exception
.
The
undoubted
truth
of
their
evidence
alone
,
hath
given
them
the
civil
respect
of
all
honest
men
,
and
will
give
the
Doctor
the
publick
honors
of
the
Nation
in
due
time
.
I
will
not
recite
the
innumerable
Sham-plots
contrived
against
the
Protestants
,
every
one
of
them
a
Demonstration
by
it self
of
the
trurh
of
the
Popish
Plot
,
because
I
have
no
design
to
exasperate
,
but
awaken
these
men
that
are
asleep
and
secure
in
this
storme
.
This
trouble
of
demonstrating
of
the
Plot
,
may
seem
unnecessary
to
the
judicious
,
nay
to
the
plain
sort
of
honest
,
upright
and
well
meaning
men
;
and
so
it
would
certainly
have
been
,
had
not
some
young
Gentlemen
by
this
paltry
thing
called
Wit
,
been
corrupted
in
their
judgments
,
and
brought
into
a
Scepticisme
,
and
wild
undetermination
in
a
matter
of
so
great
concernment
.
This
despicable
faculty
hath
made
a
famous
Gentleman
,
who
hath
a
liberal
dose
of
it
,
a
Writer
of
Books
caused
him
to
waste
so
much
Paper
,
and
abuse
so
many
Readers
;
but
in
all
that
I
have
read
of
him
,
there
is
nothing
true
and
sincere
,
or
truly
and
sincerely
said
,
his
Judgment
is
made
false
by
his
Phantasie
,
or
he
hath
serv'd
a
turn
by
his
Versatile
windings
and
Wily
conceits
.
That
dangerous
faculty
that
he
indulgeth
hath
imposed
upon
him
,
which
the
severe
and
honest
enquirers
after
truth
,
are
concerned
to
mortify
and
suppress
.
And
I
do
earnestly
recommend
to
all
ingenious
Gentlemen
that
would
be
rightly
instructed
and
informed
,
neither
deceive
others
,
nor
would
be
deceived
themselves
,
as
they
love
truth
and
virtue
,
wisdom
and
sober
thoughts
,
to
dispise
this
sort
of
wit
in
others
,
and
repress
it
in
themselves
:
And
never
allow
it
to
be
used
,
but
in
the
hours
of
mirth
,
in
the
Relaxations
of
their
minds
from
serious
Contemplations
and
matters
grave
and
weighty
,
where
this
prophane
thing
wit
ought
always
to
be
shut
out
with
care
.
Enough
hath
been
said
for
rectifying
the
mistakes
of
any
true
Protestant
,
especially
any
Clergy-man
of
the
Church
of
England
,
which
you
have
objected
against
them
about
Government
or
Parliament
,
dissenters
from
the
Church
of
England
and
Popery
.
Especially
when
it
is
made
apparent
that
these
mistakes
are
made
serviceable
to
the
Popish
Plot
,
and
the
means
which
that
party
prosecute
to
compass
and
bring
about
the
ruine
of
our
Church
.
But
that
nothing
may
be
wanting
,
that
lyes
in
my
poor
power
,
for
pulling
their
Foot
out
of
the
Snare
,
I
shall
more
distinctly
consider
them
.
First
,
I
shall
desire
them
to
consider
what
our
Government
is
,
and
where
the
true
knowledge
of
it
is
to
be
found
:
And
where
can
it
be
found
,
but
in
our
Statute
Books
,
the
Commentaries
of
our
Law
,
the
Histories
of
our
Government
,
and
of
the
Kingdom
.
Search
them
if
you
be
at
leisure
,
if
you
are
not
,
consult
those
that
have
read
them
,
and
whose
business
and
employment
it
is
to
understand
them
,
and
you
cannot
fail
to
be
informed
.
That
the
King
hath
no
power
to
make
Laws
,
that
both
Houses
of
Parliament
must
joyn
with
the
King
in
making
a
Law
.
It
can
with
no
more
reason
be
concluded
that
the
King
hath
the
Legislative
power
,
because
his
Assent
makes
the
Bills
in
Parliament
Laws
,
than
it
can
because
the
third
Unit
added
to
two
makes
a
Triad
,
that
the
other
two
do
not
go
to
the
making
of
that
number
,
when
a
matter
's
moved
from
the
King
in
Parliament
to
pass
into
a
Law
the
Commons
consent
last
.
The
Letters
Patents
of
Ed.
Sir
E.
Cook
8
:
R.
3.
for
making
the
Eldest
Son
of
a
King
in
Succession
Prince
of
Wales
,
and
Duke
of
Cornwall
was
confirmed
(
as
there
must
have
been
,
otherwise
they
would
have
been
void
)
by
the
House
of
Commons
.
And
yet
we
will
not
say
,
that
the
House
of
Commons
can
make
a
Prince
of
Wales
or
Duke
of
Cornwall
.
And
yet
upon
no
better
reason
than
this
,
some
men
will
talk
as
if
they
believed
themselves
,
that
the
Legislative
power
is
in
the
King
,
when
no
King
of
England
yet
ever
pretended
to
it
;
but
by
their
process
of
Law
have
punished
such
officious
and
mischievous
Knaves
.
They
will
tell
you
that
the
Laws
are
the
measures
of
our
Allegiance
,
and
the
Kings
Prerogative
,
and
declare
the
terms
of
Obedience
and
Government
.
That
a
Legislative
authority
is
necessary
to
every
Government
,
and
therefore
we
ought
not
to
want
it
;
and
therefore
Parliaments
in
which
our
Government
hath
placed
the
making
of
Laws
,
cannot
be
long
discontinued
,
nor
their
Conventions
rendred
illusory
and
in
vain
,
which
is
all
one
as
to
want
them
.
That
to
Govern
by
Laws
implieth
that
great
fundamental
Law
,
that
new
Laws
shall
be
made
upon
new
emergencies
,
and
for
avoiding
unsufferable
mischiefs
to
the
State
.
By
the
Statutes
of
4
Ed.
3.
c.
14.36
.
Ed.
3.
c.
10.
it
is
provided
that
Parliaments
be
holden
once
every
year
.
The
Statute
of
this
King
required
a
Parliament
every
three
years
,
which
being
an
affirmatory
Law
,
doth
not
derogate
from
those
of
Ed.
the
3.
But
if
the
King
doth
not
call
a
Parliament
once
in
a
year
,
He
neglects
these
Laws
,
and
if
he
delays
calling
a
Parliament
three
years
,
he
neglects
the
other
Law
of
his
own
time
to
.
And
for
that
he
is
by
the
Law
intrusted
with
the
calling
of
Parliaments
,
He
is
at
liberty
to
call
them
within
the
times
appointed
.
And
that
Laws
ought
to
be
made
for
Redress
of
mischiefs
that
may
ensue
,
appears
by
the
Statute
of
provisors
25.
E.
3.
cap.
23.
In
which
we
have
these
words
.
Whereupon
the
Commons
have
prayed
our
said
Soveraign
Lord
the
King
,
that
sith
the
right
of
the
Crown
of
England
,
and
the
Law
of
the
said
Realm
is
such
,
that
upon
the
mischiefs
&
Dammage
which
happeneth
to
this
Realm
,
he
ought
and
is
bound
of
the
Accord
of
his
said
People
in
his
Parliament
thereof
,
to
make
Remedy
and
Law
in
avoiding
the
mischief
and
dammage
,
which
whereof
cometh
,
which
that
King
agreed
to
by
his
Royal
Assent
thereto
given
.
I
dare
be
bold
to
say
,
that
never
any
Bill
in
Parliament
was
lost
,
and
wanted
the
Royal
Assent
that
was
promoted
by
the
general
desires
of
the
people
.
If
Popery
therefore
(
which
is
the
greatest
mischief
to
us
that
ever
threatned
this
Kingdom
)
can
be
kept
out
by
a
Law
,
we
ought
to
have
such
a
Law
,
and
nothing
can
hinder
such
a
Law
to
be
past
for
that
purpose
,
but
want
of
an
universal
desire
to
have
it
.
I
desire
these
Gentlemen
to
consider
how
they
will
answer
it
to
their
Saviour
at
the
last
day
,
if
they
suffer
his
true
Religion
,
and
the
professors
of
it
to
be
destroyed
and
persecuted
,
when
nothing
but
their
desires
of
a
thing
lawful
to
be
had
,
and
of
right
due
,
was
requisite
to
prevent
it
.
Their
sufferings
will
be
just
and
righteous
from
God
,
if
their
sin
occasioneth
it
,
and
very
uncomfortable
to
themselves
.
The
extent
of
the
Legislative
authority
,
is
no
where
to
be
understood
,
but
by
our
Acts
of
Parliament
in
which
it
hath
been
exercised
and
used
,
and
by
such
Acts
that
declare
the
extent
of
its
power
,
by
the
13.
Eliz.
cap.
1.
it
is
made
Treason
during
that
Queens
Life
,
and
forfeiture
of
Goods
and
Chattels
afterwards
.
To
hold
,
maintain
and
affirm
,
that
the
Queen
by
the
Authority
of
the
Parliament
of
England
,
is
not
able
to
make
Laws
and
Statutes
of
sufficient
force
and
validity
,
to
limit
and
bind
the
Crown
of
this
Realm
,
and
the
descent
,
limitation
,
inheritance
and
Government
thereof
.
And
this
authority
was
exercised
by
Entailing
the
Crown
in
Parliaments
,
in
the
times
of
Richard
the
2d
.
Henry
the
4th
.
Henry
the
6th
.
Edward
the
4th
.
Richard
the
3d.
Henry
the
7th
.
thrice
in
the
time
of
Henry
the
8th
.
and
upon
the
Marriage
of
Queen
Mary
to
King
Philip
of
Spain
,
both
the
Crowns
of
England
and
Spain
were
Entailed
,
whereby
it
was
provided
that
of
the
several
Children
to
be
begotten
upon
the
Queen
,
one
was
to
have
the
Crown
of
England
,
another
Spain
,
another
the
Low-Countries
.
The
Articles
of
Marriage
to
this
purpose
were
confirmed
by
Act
of
Parliament
.
Those
that
are
truly
Loyal
to
our
present
Sovereign
,
have
reason
to
recognize
with
high
satisfaction
,
that
such
a
power
of
altering
and
limiting
the
descent
of
the
Crown
,
is
duly
lodged
in
the
King
and
States
of
the
Realm
:
For
under
the
authority
of
an
Act
of
Parliament
of
the
Kingdom
of
Scotland
,
we
derive
our selves
to
the
happiness
of
his
Government
,
and
and
He
his
title
to
the
Crown
of
Scotland
,
which
drew
to
him
the
Imperial
Crown
of
England
.
For
Robert
Steward
first
King
of
Scotland
of
that
Family
,
lived
in
concubinate
with
Elizabeth
Mure
,
and
by
her
had
three
Sons
,
John
,
Robert
and
Alexander
,
afterwards
he
Married
Eufame
Daughter
to
the
Earl
of
Ross
,
and
after
was
Crowned
King
of
Scotland
;
He
had
by
her
Walter
Earl
of
Athol
,
and
David
Earl
of
Straherne
.
When
Eufame
his
Wife
dyed
,
he
Married
Elizabeth
Mure.
After
that
by
one
Act
of
Parliament
,
he
made
them
first
Noble
,
that
is
to
say
,
John
Earl
of
Carrick
,
Robert
Earl
of
Menteith
,
and
Alexander
Earl
of
Buchquhane
.
And
shortly
after
by
another
Parliament
,
he
limited
the
Crown
in
Tail
Successively
to
John
,
Robert
and
Alexander
his
Children
by
Elizabeth
Mure
in
Concubinate
,
and
after
to
the
Children
of
Elizabeth
Ross
his
Legitimate
Children
;
who
are
to
this
day
in
their
issue
by
this
limitation
,
by
authority
of
an
Act
of
Parliament
in
Scotland
barr'd
from
the
Crown
,
and
we
hope
ever
will
be
,
by
the
continuance
of
the
Line
of
our
most
Gracious
King
.
For
note
,
that
though
a
subsequent
Marriage
by
the
civil
Law
,
which
is
the
Law
of
Scotland
,
in
such
cases
doth
Legitimate
the
Children
born
before
Marriage
,
of
a
Concubine
;
yet
it
is
with
this
exception
,
that
they
shall
not
be
Legitimated
to
the
prejudice
of
Children
born
afterwards
in
Marriage
,
and
before
the
Marriage
of
the
Concubine
.
Besides
the
reason
of
the
Civil
Law
in
Legitimating
the
Children
upon
a
subsequent
Marriage
,
is
this
,
viz.
a
presumption
that
they
were
begotten
affectu
maritali
,
which
presumption
fails
where
the
man
proceeds
to
Marry
another
woman
,
and
abandons
or
neglects
his
Concubine
.
But
I
desire
these
Gentlemen
that
are
so
unwilling
to
be
safe
in
their
Religion
,
which
I
believe
is
most
dear
unto
them
.
That
if
any
Law
should
exceed
the
declared
measures
of
the
Legislative
authority
,
though
in
such
Case
they
may
have
leave
to
doubt
of
the
lawfulness
of
such
a
Law
,
yet
if
it
be
not
against
any
express
Law
of
God
,
they
will
upon
a
little
consideration
,
determin
it
lawful
,
if
it
be
necessary
to
the
Common-weal
,
for
that
nothing
can
be
the
concerns
of
men
united
in
any
Polity
,
but
may
be
govern'd
and
ordered
by
the
Laws
of
their
Legislature
,
for
publick
good
;
for
by
the
reason
of
all
political
societies
,
For
further
satisfaction
of
the
lawfulness
of
the
bill
of
exclusion
.
See
a
Book
called
The
great
and
weighty
Consideration
considered
.
there
is
a
submission
made
of
all
Rights
,
especially
of
the
Common
Rights
of
that
community
,
to
the
Government
of
its
own
Laws
.
But
all
this
and
a
hundred
times
as
much
will
not
satisfy
some
Gentlemen
,
of
the
lawfulness
of
our
Government
,
&
the
extent
of
the
Legislative
power
of
Parliaments
;
since
they
have
entertained
a
Notion
,
that
Monarchy
is
jure
divino
,
unalterable
in
its
descent
by
any
Law
of
man
,
for
that
it
is
subject
to
none
.
That
all
Kings
are
alike
absolute
,
that
their
Will
is
a
Law
to
all
their
Subjects
.
That
Parliaments
&
the
states
of
the
Realm
,
in
their
Conventions
can
be
no
more
than
the
Monarcks
Ministers
acting
under
and
by
his
appointment
,
which
he
may
exauctorate
and
turn
out
of
Office
when
he
pleaseth
.
For
there
can
be
(
say
they
)
under
the
Sun
no
obliging
Authority
but
that
of
Kings
(
to
whom
God
hath
given
a
plenitude
of
power
)
and
what
is
derived
from
them
:
That
this
Divine
Absoluteness
may
Govern
,
and
exercise
Royal
power
immensely
,
and
that
it
is
subject
to
,
nor
to
be
abated
or
restrained
by
any
humane
inventions
or
contrivances
of
men
:
(
however
necessary
and
convenient
Kings
have
thought
them
in
former
Ages
)
by
such
methods
and
such
offices
and
Officers
(
of
which
number
the
States
of
the
Realm
may
be
,
or
not
be
,
as
Kings
shall
please
)
as
they
shall
by
their
absolute
Will
order
or
appoint
.
Our
Parliaments
,
say
they
,
are
Rebellious
and
an
Usurpation
upon
the
unbounded
Power
of
Kings
,
which
belongs
to
every
King
as
such
jure
ordinario
,
and
by
Divine
institution
.
That
a
mixt
Monarchy
as
ours
is
,
is
an
Anarchy
,
and
that
we
are
at
present
without
a
Government
,
at
least
such
as
we
ought
to
have
,
and
which
God
hath
appointed
and
ordained
for
us
:
That
we
by
adhering
to
the
present
Government
are
Rebels
to
God
Almighty
,
and
the
Kings
unlimited
Power
and
Authority
under
him
,
which
no
humane
constitution
,
no
not
the
Will
and
Pleasure
of
Kings
themselves
can
limit
or
restrain
.
For
that
jura
ordinaria
&
divina
non
recipiunt
modum
,
That
the
Legislative
Power
is
solely
in
the
King
,
and
that
the
business
of
a
Parliament
(
if
they
would
think
of
being
only
what
they
ought
to
be
)
is
only
to
declare
on
the
behalf
of
themselves
and
the
people
(
that
send
them
for
that
purpose
certainly
)
the
obedience
that
is
due
from
them
to
such
Laws
as
the
K.
shall
make
,
and
that
they
may
be
laid
aside
wholly
when
he
pleaseth
.
And
after
all
this
,
what
matter
's
it
with
them
what
we
say
,
our
Government
is
,
hath
been
,
or
where
the
Legislative
Authority
of
the
Nation
is
placed
,
or
how
used
.
But
I
desire
these
Gentlemen
to
consider
how
they
come
to
these
Notions
,
upon
what
reason
they
are
grounded
.
How
a
Government
established
by
God
and
Nature
for
all
Mankind
,
should
remain
a
secret
to
all
the
wise
,
good
,
just
and
peaceable
men
of
all
Ages
.
That
Kings
should
not
before
this
have
understood
their
Authority
,
when
no
pretences
are
omitted
for
encrease
of
power
and
enlargement
of
Empire
.
I
desire
them
to
consider
that
this
secret
was
not
discovered
to
the
World
before
the
last
Age
,
and
was
a
forerunner
of
our
late
unnatural
War
,
and
is
now
again
revived
by
the
republishing
of
Sir
Robert
Filmers
Books
,
since
the
Discovery
of
the
Popish
Plot.
I
wish
they
would
consider
that
the
reasons
ought
to
be
as
clear
and
evident
as
Demonstration
,
that
will
warrant
them
to
discost
from
the
sense
of
all
Mankind
,
in
a
matter
of
such
weight
and
moment
.
That
to
mistake
with
confidence
and
overweening
in
this
matter
,
will
be
an
unpardonable
affront
to
the
Common
sense
of
Mankind
,
and
the
greatest
Violation
of
the
Laws
of
modesty
.
I
desire
that
they
would
consider
and
rate
the
mischiefs
that
will
certainly
ensue
upon
this
opinion
,
and
whether
a
probable
reason
can
therefore
support
it
.
That
they
would
throughly
weigh
,
ponder
and
examine
the
Reasons
of
these
bold
and
new
Dogmata
.
For
their
enquiries
ought
to
be
in
proportion
diligent
and
strict
,
as
the
matter
is
of
moment
,
and
if
they
are
not
,
their
error
and
mistake
will
be
very
culpable
,
and
the
sin
of
the
error
aggravated
to
the
measure
of
the
mischief
which
it
produceth
and
occasioneth
.
Where
is
the
Charter
of
Kings
from
God
Almighty
to
be
read
or
found
?
for
nothing
but
the
declared
Will
of
God
can
warrant
us
to
destroy
our
Government
,
or
to
give
up
the
Rights
and
Liberties
of
our
people
.
If
they
are
lawful
,
I
am
sure
it
is
villany
to
betray
them
,
since
all
political
Societies
are
framed
that
all
may
assist
the
Common
Rights
of
all
.
I
cannot
imagine
they
can
pretend
an
umbrage
from
the
Holy
Scriptures
for
such
unheard
of
opinions
.
The
Jews
indeed
had
a
Government
,
and
Laws
of
Gods
framing
and
appointment
,
and
a
King
of
their
own
choosing
,
and
such
a
King
as
they
desired
by
God's
permission
they
had
.
But
their
form
of
Government
ought
with
less
reason
to
be
the
Rule
of
all
kingly
Governors
,
because
it
was
a
Government
chosen
by
themselves
,
then
the
Laws
of
the
Jews
ought
to
be
the
Laws
of
all
Nations
(
which
they
are
not
)
though
made
and
enacted
by
God
himself
.
Christ
would
not
make
himself
a
Judge
in
a
private
Right
submitted
to
him
.
He
determined
the
right
of
the
Roman
Empire
,
by
the
possession
of
Soveraign
Authority
,
and
such
as
the
whole
world
had
made
it
,
his
Disciples
were
obliged
to
acknowledge
it
,
by
their
Obedience
and
Submissions
,
which
is
the
summ
of
the
Apostles
Doctrin
in
this
matter
.
The
Christian
Religion
instituted
no
form
of
Governments
,
but
enjoyns
us
to
be
obedient
to
those
we
have
,
not
only
by
express
command
in
the
case
,
but
by
its
general
Rules
of
a
most
refined
,
improved
and
extensive
morality
.
But
though
I
said
the
Scriptures
have
not
prescribed
or
directed
any
universal
Form
of
Government
,
yet
the
Scripture
hath
declared
the
falshood
of
this
new
Hypothesis
of
Kingly
Government
to
be
Jure
Divino
,
or
by
Divine
Right
.
For
St.
Peter
1
Peter
2.13
.
and
14.
stiles
Kings
as
well
as
the
Governors
under
him
the
ordinance
of
man
,
which
cannot
have
any
other
sense
,
but
that
men
make
them
and
give
them
their
powers
.
By
St.
Paul
the
power
of
Government
indeed
is
called
Gods
Ordnance
Rom.
13.2
.
but
that
is
,
for
this
reason
,
because
in
general
God
approves
of
Governments
,
as
necessary
to
the
well
being
of
Mankind
,
for
the
improvement
of
humane
nature
,
for
the
punishing
of
Vice
,
Encouragement
and
security
of
virtue
,
without
them
it
being
impossible
to
live
honestly
and
in
peace
.
And
he
hath
made
them
the
under
Ministers
of
his
providence
and
care
over
Mankind
,
and
expects
of
them
,
that
they
should
promote
his
true
Honor
and
Worship
in
the
World
,
which
will
be
always
accompanied
with
the
exercise
of
all
civil
Virtues
.
These
two
different
places
must
be
so
understood
,
that
they
may
be
both
true
,
and
by
no
other
interpretation
can
they
be
reconciled
and
made
consistent
.
It
is
impossible
,
that
any
thing
can
be
of
mans
appointment
,
which
is
of
Gods
Ordination
,
there
can
be
no
such
thing
,
as
a
Co-legislative
power
of
Men
with
their
Maker
,
Government
therefore
is
from
God
,
as
he
hath
made
Governments
necessary
in
the
general
order
of
things
,
but
the
specification
thereof
is
from
Men
,
and
the
best
definition
that
can
be
made
of
Government
is
,
in
the
words
of
both
the
Apostles
put
together
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
and
such
Governments
,
which
men
make
God
approves
and
requires
our
obedience
to
them
upon
all
those
reasons
,
which
make
Governments
necessary
.
The
natural
and
easie
consequence
and
result
of
these
Scriptures
is
this
,
which
I
desire
those
Gentlemen
to
observe
.
That
whatsoever
is
not
lawfully
established
by
men
,
no
Law
of
God
not
the
Christian
Law
doth
oblige
us
to
obey
.
The
Christian
Religion
doth
equally
condemn
in
the
reason
of
its
Institutions
,
Usurpation
,
and
Contumacy
.
Where
the
Apostle
admonisheth
us
,
that
if
we
be
free
we
should
not
become
servants
,
he
hath
by
virtue
of
that
Admonition
,
made
it
commendable
not
to
suffer
the
Encroachments
of
power
over
us
.
Most
certainly
therefore
as
the
Christian
Religion
doth
not
prejudice
the
Soveraign
Rights
of
Princes
,
such
as
they
are
in
the
several
forms
and
Modells
of
Monarchical
Governments
,
non
eripit
terrestria
qui
regna
dat
coelestia
as
Sedulius
,
so
doth
it
not
enlarge
them
;
when
by
the
Gospel
God
made
us
free
from
his
own
positive
Laws
to
the
Jews
,
he
did
not
intend
thereby
de
Jure
,
to
render
us
slaves
to
the
Arbitrary
pleasure
of
Men.
No
Man
intends
by
any
thing
in
the
Scripture
,
that
all
mankind
is
obliged
to
any
one
form
of
Government
,
and
therefore
all
Men
are
left
to
their
own
.
It
hath
not
therefore
altered
the
terms
of
Government
and
Obedience
,
that
every
Nation
hath
Established
for
themselves
,
but
hath
confirmed
and
strictly
obliged
the
observance
of
them
.
To
Obedience
,
to
Government
;
we
are
obliged
by
as
many
ties
as
there
are
Christian
Virtues
,
and
he
must
disown
his
Christianity
,
that
departs
from
his
due
Allegiance
.
And
since
our
Saviour
is
declared
King
of
Kings
,
and
Lord
of
Lords
,
all
Kings
,
Christian
Kings
especially
,
are
to
govern
in
Imitation
of
his
mercy
and
goodness
,
and
in
subserviency
to
the
Interest
of
his
Religion
and
Kingdom
.
Regum
timendorum
in
proprios
greges
,
Reges
in
ipsos
imperium
est
Javis
,
cuncta
supercilio
moventis
.
Whence
then
is
this
absolute
Authority
of
Kings
,
if
it
come
neither
from
God
nor
Man
.
Give
me
leave
now
to
inform
you
,
that
these
opinions
render
you
all
Traytors
,
guilty
of
Treason
of
State
,
perduellionis
rei
obnoxious
to
be
punished
as
Traytors
by
an
Authority
lodged
in
Parliament
,
In
the
Constitution
of
the
Government
.
You
your selves
must
needs
condemn
your selves
to
have
forfeited
all
your
own
,
who
hold
such
Principles
,
that
tend
to
destroy
every
Mans
Right
,
by
resolving
all
things
into
the
absolute
pleasure
of
a
Monarch
,
in
which
you
mostly
disserve
the
King
,
and
are
contrary
to
His
Majesties
late
Declaration
.
The
Men
of
these
Principles
the
less
of
the
Government
,
they
are
entrusted
with
the
better
,
for
the
less
they
have
to
give
up
and
betray
.
I
confess
,
if
I
could
believe
,
that
this
Doctrin
was
become
Orthodox
among
them
,
and
the
prevailing
opinion
of
the
Clergy
,
I
should
conclude
us
to
be
the
most
unhappy
people
under
the
Sun
.
This
is
an
Hypothesis
indeed
,
that
will
bring
on
new
Heavens
and
a
new
Earth
,
but
such
wherein
no
peace
or
Righteousness
can
ever
dwell
.
But
I
deem
all
such
as
are
Defenders
and
Promoters
of
it
,
do
deserve
a
civil
Excommunication
,
more
smarting
then
their
Ecclesiastical
,
and
to
be
condemned
to
live
upon
,
and
only
feed
themselves
with
their
thin
speculations
,
and
to
be
excluded
from
any
share
of
that
Government
,
that
they
professedly
in
their
Principles
betray
,
to
be
punished
as
seditious
persons
,
and
most
mischievous
Schismaticks
,
far
more
intolerable
in
this
matter
than
the
scrupulous
brother-hood
,
for
their
boglings
at
an
indifferent
and
insignificant
Ceremony
.
For
that
to
the
ruin
of
our
Religion
and
destruction
of
the
publick
peace
,
they
divide
from
that
polity
,
to
which
by
drawing
here
their
first
breath
,
they
made
Faith
,
and
to
which
the
condition
of
their
birth
doth
oblige
them
,
they
falsify
that
which
Arrian
in
his
Epictetus
calls
the
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
than
which
nothing
is
more
sacred
and
inviolable
.
By
creating
themselves
a
new
Allegiance
,
and
obtruding
it
upon
their
fellow
Citizens
,
and
Members
of
the
same
Kingdom
,
they
set
up
a
Kingdom
within
a
Kingdom
,
more
dangerous
and
mischievous
than
the
Papal
Imperium
in
Imperio
,
which
certainly
will
be
introduced
,
if
this
Modern
,
and
monstrously
extravagant
opinion
can
prevail
by
a
general
Credence
.
It
is
criminal
,
and
no
less
dangerous
to
the
being
of
any
policy
to
restrain
the
legislative
Authority
,
and
to
entertain
Principles
,
that
disables
it
to
provide
remedy
against
the
greatest
mischiefs
,
that
can
happen
to
any
Community
.
No
Government
can
support
it self
without
an
unlimited
Power
,
in
providing
for
the
happiness
of
the
people
:
No
Civil
establishment
but
is
controlable
and
alterable
to
the
publick
Weale
.
What
ever
is
not
of
Divine
Institution
,
ought
to
yield
and
submit
to
this
Power
and
Authority
.
The
Succession
to
the
Crown
is
of
a
civil
nature
,
not
established
by
any
Divine
Right
.
Several
Kingdoms
have
several
Laws
of
Succession
,
some
are
Elective
,
others
Haereditary
under
several
Limitations
.
All
humane
Constitutions
are
made
tum
sensu
humanae
imbecillitatis
,
under
reasonable
exceptions
of
unforeseen
accidents
and
Emergencies
,
that
may
happen
in
humane
Affairs
,
and
so
they
must
be
intended
and
so
interpreted
.
The
several
limitations
of
the
descent
of
the
Crown
,
must
be
made
by
the
people
in
conferring
the
Royal
Dignitie
and
power
which
is
more
or
less
in
several
Kingdoms
.
The
descent
of
the
Crown
is
governed
according
to
the
presumed
will
of
the
People
,
and
the
presumption
of
the
peoples
will
,
is
made
by
measuring
,
and
considering
what
is
most
expedient
to
the
publick
good
,
whereas
private
Estates
are
directed
in
their
descent
according
to
the
descendents
.
And
this
is
the
reason
that
the
descent
of
the
Crown
is
governed
by
other
rules
than
private
Estates
.
Only
one
daughter
,
and
not
all
as
in
private
Estates
,
shall
succeed
to
the
Crown
,
because
the
strength
of
the
Kingdom
is
preserved
when
continueds
united
,
and
the
peace
and
concord
of
the
people
better
Established
.
A
son
of
the
second
venter
shall
inherit
,
which
is
not
allowed
in
private
Estates
,
because
a
son
of
the
second
venter
is
equally
of
the
blood
of
the
great
Ancestor
,
upon
whom
the
Crown
was
first
conferred
by
the
people
,
or
after
he
had
got
into
the
Throne
obtain'd
their
Submissions
,
&
may
equally
participate
of
his
Virtues
.
If
the
Royal
Family
be
extinct
,
it
belongs
to
the
people
to
make
a
new
King
,
under
what
limitations
they
please
,
or
to
make
none
;
for
the
Polity
is
not
destroyed
if
there
be
no
King
created
,
and
consequently
in
case
of
this
cesser
or
discontinuance
of
the
Regnum
,
there
may
be
Treason
committed
against
the
people
.
By
all
which
it
is
evident
,
that
the
succession
to
the
Crown
is
the
peoples
right
:
And
though
the
succession
to
the
Crown
is
Hereditary
,
because
the
people
so
appointed
it
,
would
have
it
so
,
or
consented
to
have
it
so
.
Yet
in
a
particular
case
for
the
saving
the
Nation
,
the
whole
line
and
Monarchy
it self
,
it
may
be
altered
by
the
unlimited
Power
of
the
Legislative
Authority
.
We
have
been
more
just
to
the
Royal
Succession
,
than
the
wonderful
Sir
Robert
Filmer
,
for
his
Hypotheses
will
not
allow
at
all
of
Hereditary
rightful
Succession
.
For
the
establishing
the
right
of
the
Universal
Empire
of
the
World
in
Adams
right
heir
,
since
this
illuminato
(
hath
enlightned
the
world
in
this
secret
,
)
no
Successor
can
derive
any
hereditary
right
from
his
Predecessor
.
His
Title
can
be
only
his
own
possession
,
for
no
man
can
claim
by
descent
the
Usurpation
of
his
Father
,
but
he
that
is
not
conscious
to
the
wrong
,
and
is
bonae
fidei
possessor
,
under
the
presumed
right
and
title
of
his
Father
.
I
would
be
understood
to
speak
as
the
matter
can
be
considered
in
a
free
Reason
,
not
under
the
prejudice
of
any
positive
municipal
law
,
for
to
such
laws
the
right
of
Crowns
,
as
the
Renowned
Knight
will
have
it
,
are
not
submitted
.
So
that
here
in
this
matter
their
Knight
fails
them
,
and
can
give
them
no
help
.
Their
other
Friend
the
great
Leviathan
Maker
,
is
so
far
from
establishing
an
Hereditary
Succession
,
that
he
leaves
Kings
to
be
rightfully
assaulted
,
deposed
and
destroyed
,
by
any
person
that
can
,
who
stands
in
danger
of
being
destroyed
by
the
King
,
though
justly
condemned
to
death
;
Leviathan
Part.
2.
Cap.
21.
Those
(
saith
he
)
that
have
committed
a
Capital
Crime
,
for
which
they
expect
death
,
have
the
liberty
to
defend
themselves
by
Arms
as
well
as
the
Innocent
.
But
I
mention
him
only
to
render
him
detestable
,
for
I
take
his
Books
to
be
the
dehonestamenta
humani
generis
.
But
I
desire
them
to
regard
the
sense
of
all
Mankind
,
in
the
words
of
Isiodorus
Pelusiota
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
This
Governed
the
Judicious
and
Learned
Dr.
Falkner
,
for
when
he
had
carried
Christian
Loyalty
as
high
as
he
could
,
to
the
honor
of
our
Religion
and
the
benefit
of
the
World
for
which
we
are
all
extreamly
beholden
to
him
,
he
concludes
thus
in
his
excellent
Book
called
Christian
Loyalty
.
That
if
any
Prince
undertakes
to
alienate
his
Kingdom
,
or
to
give
it
up
into
the
hands
of
another
Sovereign
Power
,
or
that
really
acts
the
Destruction
or
the
Universal
calamity
of
his
People
,
he
tells
us
Grotius
thinks
that
in
his
utmost
extremity
,
the
use
of
a
defence
,
as
a
last
refuge
ultimo
necessitatis
presidio
is
not
to
be
condemned
,
provided
the
care
of
the
Common
good
be
preserved
.
And
if
this
be
true
saith
he
it
must
be
upon
this
ground
;
that
such
attempts
of
ruining
de
ipso
facto
include
a
disclaiming
the
governing
of
these
persons
as
Subjects
,
and
consequently
of
being
their
Prince
or
King
;
what
unreasonableness
is
there
then
in
shutting
the
door
upon
him
,
and
making
it
fast
against
him
by
an
act
of
State
,
who
hath
excluded
himself
by
his
principles
and
designs
.
For
the
truth
of
the
fact
,
I
shall
only
refer
you
to
Secretary
Coleman
his
Letters
,
wherein
he
saith
that
his
Masters
interest
,
and
the
King
of
France
his
interest
,
is
one
and
the
same
,
and
their
design
their
glorious
design
the
same
(
viz
)
the
extirpating
the
Northern
Heresie
,
how
far
the
King
of
France
hath
complied
,
with
the
design
the
cruel
Persecution
,
and
exils
of
his
Protestant
Subjects
,
who
at
the
time
of
that
letter
,
were
under
the
security
and
protection
of
the
Laws
of
that
Kingdom
,
the
Faith
of
that
Crown
,
do
declare
to
the
world
.
And
by
what
secret
influences
I
know
no
,
the
is
made
so
great
,
his
conquests
so
easie
and
expedite
,
that
he
is
like
to
do
the
work
himself
here
in
England
,
and
go
away
with
all
the
Glory
.
But
if
the
work
must
lye
upon
our
hands
,
let
no
man
think
with
himself
,
that
Popery
is
not
to
be
introduced
here
,
because
the
numbers
of
Papists
are
few
,
for
that
will
not
render
the
design
impracticable
,
but
the
execution
of
it
were
cruel
and
barbarous
,
a
whole
Nation
upon
the
matter
must
be
corrupted
from
the
Faith
of
the
true
Religion
or
destroy'd
.
One
single
arm
of
an
ordinary
strength
not
resisted
,
may
assassinate
a
whole
Nation
.
Let
no
man
betray
his
Country
and
Religion
by
pretending
the
example
of
the
patience
,
and
sufferance
of
the
Primitive
Christians
for
our
rule
.
The
Reformed
Religion
hath
acquired
a
civil
right
,
and
the
protection
of
Laws
,
if
we
ought
not
to
loose
our
Lives
,
Liberties
,
and
Estates
,
but
where
forfeited
by
Law
,
we
ought
much
rather
not
to
loose
them
for
the
profession
of
the
best
Religion
,
which
by
Law
is
made
the
publick
national
Religion
.
And
it
is
strange
that
some
men
of
the
same
Religion
in
profession
can
think
(
that
notwithstanding
)
it
makes
no
matter
what
is
done
to
a
man
,
if
he
be
Religious
,
but
if
he
be
not
so
,
the
least
publick
injuries
and
injustice
may
be
resisted
,
vindicated
,
remedyed
,
and
by
right
defended
by
old
Laws
,
or
new
ones
,
to
be
made
for
that
purpose
.
The
Christian
Religion
was
publisht
,
when
the
whole
world
was
Pagan
,
and
therefore
it
was
submitted
to
such
usage
as
the
Governments
would
give
it
.
But
when
the
Christian
Faith
,
had
by
miracles
of
patience
declared
it self
to
be
of
Heaven
,
and
of
a
Divine
Original
:
According
to
the
Prophecies
on
that
behalf
,
it
took
possession
of
the
Empire
,
and
Crowns
,
and
Scepters
became
submitted
to
the
Cross
,
and
the
Christians
acquir'd
a
civil
right
of
Protection
and
Immunity
,
which
they
ought
not
,
they
cannot
relinquish
and
abandon
,
no
more
than
they
can
destroy
themselves
,
or
suffer
violence
and
cruelty
to
destroy
the
Innocent
.
Such
as
thus
perish
shall
never
wear
a
Martyrs
Crown
,
but
perish
in
the
next
world
for
perishing
in
this
.
This
will
be
interpretatively
Crucifying
Christ
afresh
,
after
he
is
received
up
into
Glory
.
i.
e.
After
his
Religion
is
exalted
into
dignity
and
honor
and
civil
Authority
.
If
the
senate
of
Rome
had
been
Christians
,
they
would
never
have
given
up
the
Government
to
a
Pagan
Augustus
,
with
a
power
to
him
and
his
Successors
,
to
make
laws
for
extirpating
the
Christian
Faith
,
what
is
said
of
the
Christian
Religion
,
and
Paganism
holds
between
the
Reformed
Religion
and
Popery
.
If
any
man
is
so
vain
as
to
say
,
that
an
unalterable
course
of
Succession
,
is
established
amongst
us
by
Divine
Right
.
I
say
he
is
a
man
fitted
to
believe
transubstantiation
,
and
the
infallibility
of
the
Pope
;
he
is
deeply
lapsed
into
fanaticism
,
he
dreams
when
he
is
awake
,
and
his
dreams
are
dreams
of
phrensie
.
There
are
somethings
so
false
,
that
they
cannot
be
disproved
,
as
somethings
are
so
evidently
true
that
they
cannot
be
proved
.
This
proposition
hath
no
color
to
ground
it self
upon
,
no
medium
to
prove
it
,
no
argument
for
it
which
is
to
be
answered
,
nor
nothing
more
absurd
than
it self
to
reduce
it
to
:
But
if
any
shall
add
,
that
this
Doctrin
is
the
Doctrin
of
the
Reformation
,
and
adventure
to
tell
the
people
so
,
they
are
the
most
impudent
falsaries
that
ever
any
age
produced
,
when
there
is
scarce
a
Child
,
but
hath
heard
what
was
done
,
said
,
and
maintained
,
by
the
Clergy
of
England
,
in
the
case
of
Mary
Queen
of
Scots
,
a
Popish
Successor
,
in
the
earliest
time
of
our
Reformation
here
in
England
.
Our
Age
is
blessed
with
a
Clergy
renownedly
Learned
,
and
Prudent
:
by
the
Providence
of
God
,
and
the
piety
of
our
Ancestors
,
they
possess
good
,
though
not
to
be
envyed
Revenues
and
Honors
.
It
is
scarce
possible
,
they
should
have
many
among
them
,
that
can
countenance
a
proposition
so
wickedly
impious
and
sacrilegious
(
that
we
cannot
have
new
Laws
,
but
must
loose
the
old
,
at
the
pleasure
of
a
Popish
Successor
)
against
not
their
own
interest
,
and
the
Rights
of
the
Church
,
but
against
the
Rights
and
Liberty
of
Religion
it self
.
For
she
is
capable
of
Franchises
and
Immunitys
:
which
ought
above
all
things
to
be
most
zealously
asserted
and
defended
by
her
Ministers
,
can
they
themselves
with
their
own
hands
ever
pull
down
her
Hedg
and
destroy
her
Defensatives
,
and
expose
her
helpless
to
the
rage
of
her
implacable
Enemies
,
and
suspend
all
the
Legal
security
she
hath
for
her
preservation
,
upon
the
Life
of
our
present
King
,
whom
God
long
preserve
.
If
Kings
be
admitted
to
have
a
power
to
make
Laws
.
One
Proclamation
may
establish
the
Popish
Religion
amongst
us
,
which
the
Papal
Bulls
so
long
as
that
See
continues
,
will
never
be
able
to
effect
.
Next
to
Religion
her self
,
the
Revenues
of
the
Church
challenge
their
faithful
care
,
for
they
are
at
best
but
Usu-fructuary
Trustees
of
her
Endowments
for
the
Succession
,
which
they
will
wretchedly
betray
to
an
Arbitrary
Successor
,
if
they
do
not
repress
such
Opinions
that
pretend
to
change
the
Government
,
into
an
absolute
jure
Divinity
Monarchy
,
which
will
leave
nothing
jure
divino
but
it self
and
the
Popedom
.
Kings
for
their
so
doing
have
the
authority
of
Sir
Robert
Filmer
,
who
affirms
in
his
Treatise
called
the
Power
of
Kings
,
Fol.
1.
That
the
Laws
,
Ordinances
,
Letters
,
Patents
,
Priviledges
and
Grants
of
Princes
have
no
force
but
during
their
Life
,
if
they
be
not
ratified
by
the
express
consent
,
or
at
least
by
the
sufferance
of
the
Prince
following
,
who
had
a
knowledge
thereof
.
This
is
but
the
necessary
consequence
and
result
from
the
Doctrine
of
the
absolute
power
of
a
Prince
,
for
in
such
Government
the
Concessions
of
a
Predecessor
can
no
more
oblige
the
Successor
,
than
he
can
Govern
when
he
is
dead
;
and
the
Successor
must
be
absolute
in
his
time
,
as
the
Predecessors
were
in
theirs
.
But
in
vain
is
the
Net
spread
,
in
the
sight
of
any
Bird
;
this
deceit
is
of
so
gross
a
thread
,
that
it
cannot
pass
with
the
common
people
,
much
less
upon
our
Clergy
;
but
I
will
not
dissemble
what
may
be
the
true
reason
of
the
seduction
of
some
young
good
natured
Gentlemen
of
the
Clergy
:
They
perswade
themselves
that
if
these
principles
and
opinions
of
the
Unlimited
Power
of
Kings
had
been
received
,
the
late
Wars
had
been
prevented
:
Not
rightly
considering
,
that
if
such
opinions
had
never
been
broached
,
or
Universally
rejected
,
that
War
could
never
have
ensued
;
and
we
should
together
with
peace
have
enjoyed
our
ancient
Government
,
which
our
Ancestors
transmitted
to
us
,
without
that
miserable
inter-regnum
.
I
would
not
be
perversely
understood
by
any
man
,
as
if
I
went
about
to
justify
our
late
War
:
This
is
all
I
say
,
that
every
Government
once
established
will
continue
for
ever
,
if
all
the
parts
of
it
would
unalterably
consent
to
preserve
it
,
to
which
their
narural
Allegiance
doth
oblige
them
:
And
never
any
Prince
endeavored
to
change
the
Government
,
but
where
part
of
the
people
were
first
willing
,
or
content
to
have
it
so
.
Those
false
flatterers
that
go
about
to
remove
the
boundaries
of
power
,
and
change
the
Government
,
are
the
greatest
enemies
to
the
quiet
and
happy
Reigns
of
the
Kings
,
and
the
peace
and
prosperity
of
Kingdoms
.
And
if
they
do
adventure
to
call
the
;
ir
fellow
Subjects
,
by
any
opprobrious
names
of
disloyalty
,
because
they
will
not
joyn
with
them
in
such
change
,
they
are
as
absurdly
impious
and
insolent
,
as
any
Prince
or
State
would
be
,
who
should
challenge
another
,
as
free
and
absolute
as
himself
,
for
his
Tributary
and
Vassal
;
and
traduce
him
for
a
troubler
of
the
World
,
because
he
would
not
Compose
the
Quarrel
,
thus
injuriously
sought
,
with
the
surrender
of
his
Crown
and
dignity
.
I
desire
these
Gentlemen
to
consider
,
that
the
happiness
of
a
Nation
,
is
best
supported
with
Truth
and
Justice
:
This
new
Doctrine
is
not
true
,
and
whosoever
entertains
a
belief
of
it
,
is
not
only
barely
mistaken
,
but
will
be
lead
by
the
mistake
,
into
the
most
mischievous
,
impious
and
sacrilegious
injustice
,
and
treachery
.
It
is
very
agreeable
to
a
good
man
,
to
embrace
a
proposition
,
with
an
easie
belief
that
offers
the
least
seeming
probability
of
a
security
against
the
miseries
of
War
,
by
all
means
to
be
avoided
.
But
this
Doctrine
of
the
Divinity
of
Kings
,
is
most
dangerous
to
the
Peace
of
Kingdoms
,
for
it
is
pregnant
with
Wars
:
Besides
that
it
will
give
bad
Princes
,
which
sometime
hereafter
may
be
Born
into
the
World
,
(
for
such
there
have
been
now
and
then
)
power
to
make
their
Reigns
worse
then
War
,
and
Plague
,
and
Famine
to
boot
.
The
Panick
fear
of
a
change
of
the
Government
,
that
this
Doctrine
occasioned
,
and
the
Divisions
it
made
among
us
,
was
the
principal
cause
of
the
late
War
.
It
is
not
without
reason
,
that
together
with
these
new
principles
,
revived
since
the
Discovery
of
the
Popish
Plot
,
we
have
a
perpetual
din
and
noise
of
Forty
one
.
Then
that
fatal
War
begun
,
which
ended
in
the
destruction
of
the
Prince
,
and
ruine
of
the
Church
and
State
;
The
remembrance
of
it
is
the
principal
matter
,
that
stuffs
our
weekly
Pamphlets
,
and
it
is
brought
into
common
discourse
,
and
grown
so
trivial
,
that
it
is
mentioned
and
heard
without
abhorrence
and
regret
:
And
what
Service
this
can
be
to
His
Majesty
,
I
do
not
understand
;
much
better
it
were
,
that
the
memory
of
it
were
utterly
extinct
and
abolished
for
ever
,
except
only
in
the
Anniversary
of
that
great
Prince
,
that
so
fell
.
Then
I
say
,
and
then
only
is
it
fit
to
be
remembred
,
when
we
are
on
our
Knees
to
God
Almighty
,
and
in
his
presence
affecting
our selves
,
with
sorrow
and
remorse
,
deprecating
the
like
Judgments
,
and
bewailing
the
National
sins
,
that
occasioned
those
;
For
notwithstanding
the
Glories
of
that
Great
Prince
his
unhappy
death
,
and
the
admired
Devotions
of
the
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
The
story
of
the
Calamities
of
his
people
,
(
all
his
three
Kingdoms
involved
in
War
,
during
his
Reign
)
and
the
remembrance
of
them
,
will
be
with
some
Men
not
very
Loyal
,
a
stein
and
diminution
to
the
Glories
of
the
Royal
Family
.
In
Princes
their
Calamities
are
reckoned
amongst
the
abatements
of
their
Honor
,
and
meer
misfortunes
are
disgraces
,
and
have
the
same
influence
upon
the
minds
of
the
common
people
,
as
real
faults
and
male
administrations
.
How
then
can
this
tend
to
the
peace
of
the
Nation
,
or
the
Honor
of
the
King
?
what
satisfaction
is
it
to
have
our
almost
healed
wounds
,
thus
perpetually
rub'd
and
kept
green
?
—
Quis
sua
vulnera
victus
commemorare
velit
—
Why
should
any
of
our
Nation
,
insult
over
the
miseries
of
his
own
,
and
neighbour
Kingdoms
,
when
he
must
be
the
most
barbarous
villain
,
and
have
devested
himself
of
all
humanity
,
that
is
not
deeply
empassioned
at
the
remembranee
of
them
?
If
a
Thuanus
,
or
a
Philip
de
Comines
were
to
pass
a
Judgment
,
of
the
condition
of
our
late
times
;
upon
the
consideration
of
our
late
Tragedies
,
and
the
Preludium's
to
it
in
the
Reigns
of
King
James
and
the
late
King
,
it
would
be
formed
and
pronounced
in
these
words
of
Tully
,
upon
another
occasion
:
Mihi
quidem
,
si
proprium
&
verum
nomen
vestri
mali
quaeratur
,
fatalis
quaedam
calamitas
incidisse
videtur
,
&
improvidas
hominum
mentes
occupavisse
,
ut
nemo
mirari
debeat
humana
consilia
divina
necessitate
esse
superata
.
But
this
is
not
all
,
—
nec
adhuc
finitur
Orestes
.
We
are
affrighted
by
the
weekly
Pamphlets
,
with
the
expectation
of
another
Parliamentary
War
,
and
this
is
the
true
reason
of
the
mention
of
the
late
War
,
that
we
may
forgo
our
Parliaments
for
fear
of
another
.
So
it
is
written
in
our
publick
prints
,
which
are
published
under
permission
,
as
if
Parliaments
are
designed
to
be
rendered
hateful
,
and
to
be
feared
as
Plagues
,
Famines
,
or
Inundations
of
the
Sea
.
But
who
is
to
begin
it
,
who
designs
this
War
,
the
Pamphlateers
,
or
those
that
set
them
on
work
,
best
know
:
We
had
never
heard
of
any
such
thing
,
if
the
Mercenary
writers
of
the
Popish
Faction
had
not
told
us
of
it
,
as
they
do
weekly
,
and
hitherto
we
cannot
find
any
Colour
for
this
affrightful
Lye
;
they
are
impudent
so
to
talk
of
it
,
as
if
they
believed
it
,
and
have
brought
some
as
weak
men
as
they
are
false
Knaves
to
a
belief
of
it
:
But
to
do
them
no
wrong
,
those
may
best
know
what
is
to
come
to
pass
,
who
have
the
power
of
contriving
and
designing
.
Qui
pavet
vanos
metus
veros
fatetur
.
The
vilest
Traitors
cannot
contrive
a
greater
prejudice
to
the
King
and
his
Family
,
than
by
advancing
such
a
dismal
thing
into
credit
and
belief
,
for
fears
though
but
upon
imaginary
and
false
grounds
,
produce
real
effects
,
as
well
as
they
are
in
themselves
really
afflictive
,
and
that
almost
equally
,
if
of
continuance
to
the
evils
feared
.
Do
these
men
speak
like
true
Loyalists
,
that
are
mentioning
perpetually
the
Calamitous
War
,
in
the
time
of
our
Kings
Father
,
and
fright
us
with
another
now
ensuing
?
after
those
Universal
,
Solemn
and
hearty
Joys
of
the
whole
Nation
for
his
Restauration
,
after
so
many
Millions
of
Money
,
most
dutifully
issued
out
of
the
affections
of
his
people
,
from
time
to
time
at
His
Majesties
Royal
pleasure
,
and
nothing
complain'd
of
,
but
that
they
have
not
opportunities
of
issuing
ten
times
more
,
to
the
service
of
His
Majesties
Glory
.
Nay
they
speak
of
this
ensuing
War
,
as
if
the
Royal
Standard
was
already
displayed
,
and
the
Rebels
had
made
their
Musters
;
which
must
certainly
affect
the
Royal
Family
with
the
greatest
danger
.
If
there
were
twenty
Trajans
derived
from
one
stock
,
that
had
Reigned
in
an
uninterrupted
Succession
,
Two
immediate
Successors
,
that
should
have
their
Reigns
successively
attended
with
civil
Wars
,
were
enough
to
efface
their
own
,
and
the
glories
and
merits
of
such
Ancestors
:
But
base
Caitiffs
,
you
can
no
more
truly
believe
the
last
Parliaments
designed
upon
His
Majesties
Crown
and
Dignity
to
make
War
,
and
change
the
Government
,
than
you
can
believe
that
every
Mothers
Child
of
them
,
before
they
came
up
to
the
last
Parliaments
,
set
his
House
on
fire
,
and
burnt
his
Wife
and
Children
.
But
these
impudent
Forgeries
against
the
House
of
Commons
,
are
contrived
to
make
the
people
afraid
of
Parliaments
,
that
this
new
model
of
Government
in
process
of
time
,
when
we
have
an
enterprising
Successor
,
may
take
place
,
for
the
service
of
the
Popish
Religion
.
For
upon
the
strength
of
Dr.
B
—
s
performance
,
who
hath
with
great
labor
found
out
(
which
it
is
hard
for
any
man
acquainted
with
our
English
History
to
be
ignorant
of
)
that
our
Parliaments
were
not
always
such
as
now
constituted
:
this
blessed
change
of
our
Government
will
never
be
atchieved
,
the
Nation
will
never
be
perswaded
,
by
any
thing
that
he
hath
found
out
in
his
diligent
research
,
that
the
House
of
Commons
is
an
over-grown
Wen
,
an
unnatural
Accrescency
to
the
Government
,
and
fit
to
be
cut
off
.
Neither
can
the
most
insolent
Paradox
of
Sir
Robert
Filmers
Patriarcha
,
contribute
much
to
this
purpose
.
But
that
it
may
be
able
to
deceive
but
a
very
few
,
for
the
time
to
come
;
for
the
sake
of
such
Gentlemen
who
have
not
Chosen
their
side
,
are
glad
of
the
least
Color
,
or
dream
of
a
Shadow
,
a
single
opinion
of
any
body
,
it
matters
not
whom
to
relieve
their
modesty
,
in
their
notorious
defections
from
Truth
,
Justice
and
the
Government
.
I
shall
here
consider
his
Hypothesis
,
especially
for
that
it
was
Re-printed
,
and
is
magnified
by
the
Factors
for
the
Popish
Plot.
And
first
,
I
will
draw
it
out
shortly
,
in
all
its
strength
,
and
make
it
more
argumentative
than
he
hath
left
it
,
(
for
he
hath
left
his
willing
readers
to
find
out
the
Argument
,
and
to
make
the
Conclusion
)
Adam
saith
he
,
was
the
Father
of
Mankind
,
that
to
him
as
Father
,
belonged
an
Absolute
dominion
over
all
his
descendents
;
that
all
Men
being
so
born
,
are
born
under
subjection
to
such
an
Authority
:
This
authority
so
reserved
upon
us
by
God
,
and
the
condition
of
our
birth
,
and
the
manner
of
coming
into
the
World
,
is
to
be
submitted
to
,
in
the
person
of
the
present
King
,
who
by
becoming
King
,
is
for
that
reason
vested
with
this
absolute
Authority
.
This
power
and
the
duty
of
our
subjection
to
it
,
results
from
our
being
Born
,
and
coming
into
the
World
,
after
the
manner
of
men
.
This
power
of
Kings
is
grounded
(
by
him
)
meerly
upon
this
natural
resultance
,
and
not
from
any
positive
and
express
Revelation
from
God
,
for
such
,
neither
we
,
nor
,
he
yet
ever
heard
of
.
We
will
now
then
consider
,
what
there
is
of
weight
in
this
fictitious
Reason
of
Government
,
in
which
the
World
is
so
lately
illuminated
by
this
Speculator
;
what
force
there
is
in
it
to
unravel
all
Models
of
Government
,
that
are
framed
in
the
World
,
to
confound
Kingdoms
and
Nations
,
and
to
give
Warranty
to
the
bringing
upon
us
,
all
the
miseries
that
are
designed
by
the
Papists
for
us
,
which
we
are
to
be
prepared
to
suffer
,
with
most
conscientious
patience
,
from
the
comforts
and
supports
of
this
insolent
and
vain
pretence
.
I
appeal
to
the
Reader
of
him
,
whither
in
thus
stating
his
Doctrine
,
I
have
not
made
it
more
Argumentative
,
and
concluding
to
his
purpose
than
he
left
it
:
I
will
take
this
method
of
remonstrating
the
fertility
of
his
Hypothesis
.
By
considering
what
a
Father
is
,
and
what
his
Duty
towards
,
and
Power
over
his
Children
,
in
which
it
will
be
found
,
that
nothing
of
Empire
belongs
to
him
as
Father
,
that
no
more
belonged
to
Adam
over
his
Children
,
than
did
to
any
of
his
Children
over
their
own
.
That
the
Authority
of
Parents
over
their
Children
,
continues
together
with
Soveraign
power
,
and
is
not
at
all
abated
by
it
,
and
that
it
cannot
be
the
same
,
because
it
continues
entire
with
it
.
That
there
is
no
footsteps
in
the
Records
of
the
Old
Testament
,
to
verify
his
Hypothesis
;
that
we
could
not
have
wanted
some
Declarations
about
it
from
God
,
(
if
true
)
it
being
a
matter
so
necessary
for
us
to
know
,
That
no
claims
were
made
,
(
that
we
know
of
)
to
any
such
authority
in
the
earliest
times
,
when
the
Right
was
unprejudiced
,
and
must
have
been
best
understood
,
and
could
not
have
been
forgotten
,
as
now
it
is
utterly
.
Besides
that
it
was
never
used
.
The
first
Histories
Recorded
in
the
Bible
,
makes
every
Child
of
the
common
Ancestor
,
alike
independent
and
absolute
,
and
so
it
would
for
ever
have
continued
:
And
to
this
day
we
should
have
been
in
the
state
of
Nature
,
and
not
United
in
any
Government
,
and
so
no
King
yet
in
the
World
,
notwithstanding
the
Paternal
authority
.
That
his
Instances
of
exercising
Soveraign
power
by
the
Fathers
of
Families
,
are
not
concluding
,
and
to
this
purpose
.
That
admitting
Adam
had
while
he
liv'd
been
Universal
Monarch
,
(
yet
if
there
be
no
other
reason
and
Foundation
of
Monarchy
in
the
World
,
but
this
of
Sir
Robert
Filmer
)
Adams
right
heir
not
been
known
,
(
and
if
he
were
might
perhaps
be
an
Ideot
or
Lunatick
,
some
Cobler
or
Botcher
under
a
Stall
,
or
mean
Person
unfit
to
govern
)
we
can
have
no
rightful
King
in
the
World
,
for
certain
it
is
,
that
there
is
nothing
in
the
World
so
personal
as
Relations
,
and
the
duties
and
Rights
that
do
result
from
them
:
for
they
are
neither
assignable
to
,
nor
can
be
exercised
or
exacted
by
and
between
any
persons
,
but
the
Relatives
themselves
:
So
that
this
power
of
Sir
R.
F.
hath
no
foundation
of
reason
in
the
nature
of
things
,
was
in
Fact
never
exercised
,
and
is
now
utterly
fallen
to
the
ground
,
and
all
Government
with
it
.
A
more
pusled
,
vain
,
sensless
and
unlearned
Paradox
,
was
never
yet
offer'd
to
the
World
,
nor
a
thing
more
mischievous
ever
received
.
The
absolute
Power
of
a
Prince
over
his
Subjects
,
is
not
at
all
connatural
to
the
dutiful
Care
of
a
Father
over
his
Children
.
It
was
the
good
pleasure
of
God
that
this
part
of
the
immense
world
,
should
be
planted
with
men
endowed
with
a
capacity
to
admire
his
power
,
wisdom
and
goodness
,
and
therefore
to
render
him
praise
and
worship
:
he
design'd
that
we
should
be
happy
in
our
own
enjoyments
,
and
promote
the
happiness
of
each
other
,
which
is
not
to
be
performed
but
by
a
mind
serene
,
beneficent
and
loving
.
He
provided
that
the
disseminations
of
Love
should
run
parallel
,
and
be
under
a
like
necessity
with
the
propagation
of
our
kind
.
For
the
planting
love
in
our
nature
,
he
instituted
Marriage
for
Procreation
,
that
we
might
owe
our
Being
to
the
state
of
the
greatest
and
most
agreeable
friendship
,
and
tenderest
affection
.
That
for
many
years
we
should
be
educated
by
a
pure
single
and
undesigning
love
of
our
Parents
:
and
the
friendship
of
that
conjugal
State
,
should
be
maintained
by
,
and
principally
exercised
in
,
their
common
care
of
their
issue
.
Every
Act
of
Love
,
of
either
of
the
Parents
to
the
Child
,
being
the
best
instance
of
love
to
the
other
of
them
;
an
endearment
of
a
reciprocal
love
,
and
a
provocation
to
the
like
love
and
care
of
the
Child
.
God
did
likewise
ordain
and
so
it
was
,
that
all
Mankind
should
derive
from
one
stock
,
be
made
of
one
blood
,
and
every
Man
,
every
Mans
Brother
of
the
same
family
and
cognation
.
By
this
it
was
provided
by
the
Father
of
us
all
,
that
we
should
be
born
into
the
World
,
under
the
tendrest
care
for
our
preservation
and
improvement
of
our
Nature
,
and
be
powerfully
enclined
to
love
,
and
beneficence
,
whereby
we
may
be
pleased
with
our selves
,
and
at
Peace
and
Amity
with
our
whole
kind
.
That
the
Generations
of
Mankind
might
certainly
proceed
,
God
planted
in
our
Natures
powerful
and
irresistible
instincts
to
procreation
which
the
Jews
call
a
Precept
,
tho
after
this
no
Precept
seem'd
necessary
,
for
encrease
and
multiply
they
make
a
Command
.
But
we
follow
our
own
propensions
and
have
no
conscience
of
obedience
to
a
Law
,
when
we
observe
and
follow
them
,
which
are
so
strong
pleasurable
and
entertaining
,
that
if
God
had
not
planted
a
restraint
of
Modesty
in
our
Natures
,
and
a
sense
of
decency
.
W●
should
over
do
the
business
,
and
degrade
ou●
selves
from
the
dignity
of
our
Natures
.
Thus
far
the
Parents
are
fulfilling
Gods
appointments
and
gratifying
their
own
Natures
.
What
from
all
this
can
give
them
a
right
over
their
Child
,
all
men
coming
into
the
world
this
way
are
no
less
free
,
then
if
they
had
been
form'd
in
Lucretius
his
Bottles
,
and
drop't
out
of
his
imaginary
matrixes
,
and
we
were
all
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
&
Aborigines
.
In
this
they
are
only
executing
the
appointment
of
God
,
are
but
his
Instruments
to
bring
us
into
this
World
,
and
are
all
along
rewarded
and
entertained
and
caressed
by
the
order
of
Nature
.
Adam
ow'd
this
duty
to
God
his
Father
,
and
so
ordered
it
was
,
that
he
ow'd
it
to
himself
,
and
to
his
own
natural
propensions
,
pleasures
and
satisfactions
to
propagate
.
The
several
succeeding
generations
of
men
,
as
soon
as
they
are
men
have
as
much
Right
to
the
enjoyment
of
themselves
to
the
freedom
of
their
own
Will
,
and
to
live
by
their
own
measures
as
Adam
himself
had
.
Our
Parents
do
not
give
us
life
,
but
hand
it
to
us
from
the
Fountain
of
being
the
Universal
Father
of
all
things
.
Vitai
Lampadu
tradunt
.
And
this
is
allowed
,
acknowledged
by
all
Mankind
,
for
assoon
as
Children
can
Govern
themselves
,
we
declare
them
free
that
they
are
sui
juris
they
are
extrafamiliated
and
become
themselves
Fathers
and
acquire
to
themselves
.
But
that
which
hath
imposed
upon
this
,
Gentleman
,
I
believe
is
,
for
that
while
they
are
to
be
educated
,
their
Parents
exercise
an
Authority
over
their
Children
which
a
souer
Father
may
imagine
to
be
power
.
This
I
believe
gave
the
Gentleman
his
mastake
,
because
he
saith
a
Child
and
a
Slave
,
doth
not
differ
which
is
a
shrewd
indication
that
he
was
something
too
masterly
over
his
Children
.
But
all
equal
parents
know
and
understand
that
the
Education
of
their
Children
is
duty
and
care
,
and
may
not
improperly
be
called
,
a
Sort
of
Generation
Work
.
For
I
pray
let
it
be
considered
,
that
the
foetus
is
not
perfected
assoon
as
it
is
extruded
the
Matrix
,
no
not
until
it
be
able
to
perform
,
unassisted
all
the
Actions
of
its
proper
life
.
That
the
life
of
a
man
is
a
life
of
Reason
,
that
he
cannot
do
the
Acts
of
a
man
,
until
he
hath
it
in
the
exercise
of
it
.
He
is
not
a
perfect
foetus
so
as
to
be
neglected
by
his
parents
,
as
soon
as
he
can
feed
himself
the
man
after
this
may
miscarry
,
and
if
exposed
by
his
parents
,
and
not
continued
under
their
care
be
abortivated
.
Education
is
a
kind
of
Incubation
.
Our
faculties
are
to
be
formed
and
drawn
out
into
use
,
as
well
as
our
body
,
to
be
organized
,
before
we
can
be
denominated
men
,
and
while
this
is
a●complishing
the
parents
are
but
executing
the
natural
instinct
of
propagating
their
like
,
until
they
have
made
them
men
,
they
are
not
begotten
in
their
own
likeness
.
They
therefore
with
an
easie
propension
,
and
a
natural
care
do
apply
themselves
to
offer
things
to
their
observation
,
to
furnish
their
Memories
,
to
try
their
judgments
in
little
Essays
,
to
render
them
discoursive
to
draw
out
their
faculties
into
use
,
until
by
little
and
little
they
arrive
at
discretion
,
and
a
power
to
form
true
judgments
of
what
belongs
to
them
,
and
to
govern
themselves
in
such
Affairs
and
businesses
,
that
are
to
employ
them
.
But
while
this
is
a
doing
,
they
are
under
a
Government
of
love
and
care
,
by
the
Arts
of
Discipline
to
be
trained
up
to
perfection
.
Several
freakishnesses
and
caprices
are
to
be
cured
,
and
the
strength
and
luxuriancies
of
several
natural
Appetites
,
are
to
be
abated
and
restrained
;
and
they
are
to
be
held
to
attention
and
observation
,
and
made
patient
of
instruction
,
and
correction
is
to
be
administred
to
these
purposes
,
and
by
these
measures
,
but
this
duty
of
Correction
doth
not
participate
any
thing
of
the
Nature
of
Civil
Government
.
It
hath
nothing
of
the
Nature
of
punishment
exemplarity
or
vindicative
Justice
It
is
not
for
the
gratifying
of
the
Parents
displeasure
to
secure
him
against
wrong
or
injury
to
deter
others
,
but
to
amend
improve
and
better
the
Child
,
and
always
terminated
to
,
and
directed
to
that
end
,
and
by
those
measures
it
is
tenderly
and
affectionately
administred
.
It
will
not
be
impertinent
to
observe
,
that
our
Common
Law
,
had
no
opinion
of
any
Soveraign
Authority
in
a
Father
.
And
also
that
the
Statute
of
25
E.
3.
which
declares
petty
Treasons
as
well
as
high
Treasons
doth
not
declare
,
the
sons
killing
the
Father
to
be
Treason
,
tho
Treason
it
is
,
for
a
Servant
to
Kill
his
Master
:
In
which
we
have
the
Authority
of
our
Parliament
,
and
of
the
constant
opinion
of
our
Judges
.
That
the
nature
and
relation
of
a
Father
and
a
Son
,
doth
not
savor
any
thing
of
Government
,
or
of
a
servile
or
Political
subjection
.
For
that
they
have
not
made
parricide
Treason
tho
it
is
the
most
unnatural
and
most
detestable
Crime
,
and
a
far
greater
sin
than
that
of
Killing
a
Master
.
But
further
to
clear
the
true
notion
of
a
Fathers
Authority
,
that
it
is
duty
and
care
,
not
Empire
and
absolute
will
.
Let
it
be
considered
,
that
God
by
his
right
of
Creation
,
hath
an
absolute
dominion
over
us
;
we
are
more
his
than
we
are
our
own
,
or
than
any
thing
can
be
ours
.
Yet
when
he
was
pleased
of
his
gracious
condescention
to
our
capacity
to
quiet
our
fears
of
his
power
,
and
to
invite
our
love
and
assure
our
hope
,
he
did
declare
himself
our
Father
thereby
to
assure
us
,
that
he
would
not
rule
us
pro
imperio
,
and
according
to
his
absolute
right
he
had
over
us
,
that
stile
he
himself
delights
to
use
,
and
give
us
leave
to
call
him
our
Father
,
by
which
we
all
understand
,
that
he
will
not
proceed
with
us
according
to
his
Right
of
absolute
domination
,
no
not
in
the
terms
of
Right
and
Political
Justice
.
But
that
he
will
consider
our
frame
,
pity
our
infirmity
,
correct
us
as
his
Children
,
but
not
punish
us
with
an
exterminating
Justice
.
Amongst
the
Romans
antiently
no
man
was
admitted
a
Judge
in
criminal
Causes
,
but
he
that
was
a
Father
of
Children
,
that
the
severities
of
a
Judge
might
be
abated
by
the
tenderness
of
a
Father
,
that
he
who
had
Children
of
his
own
,
might
have
the
more
pity
to
those
of
others
,
so
different
is
the
office
of
a
Judge
from
the
natural
duty
and
tenderness
of
a
Father
.
And
it
is
the
greatest
violence
,
that
can
be
done
to
nature
,
to
compel
a
Father
to
sit
in
Judgment
upon
his
Son
,
and
next
to
that
of
obliging
and
compelling
a
man
to
execute
himself
,
to
make
it
the
Fathers
duty
to
pronounce
a
capital
sentence
upon
the
Son
,
is
the
most
unnatural
thing
in
the
world
,
the
Father
and
the
Son
in
this
consideration
are
conjunctae
personae
,
and
when
the
Sin
of
the
Father
is
visited
upon
the
son
,
the
son
is
afflicted
,
but
the
Father
is
punished
,
and
when
the
Son
hath
the
Question
,
the
Father
is
taken
to
be
confessed
in
tormentis
filii
.
But
for
a
further
instance
to
make
it
appear
,
how
imcompetent
the
duty
of
a
Magistrate
is
with
the
Nature
of
a
Father
,
I
will
observe
that
notwithstanding
a
Law
was
given
to
Adam
and
all
his
Sons
,
to
establish
judicatures
according
to
the
Tradition
of
the
Jews
,
as
may
be
seen
in
Mr.
Selden
his
Book
de
jure
Gentium
secundum
Hebraeos
,
which
Law
by
the
way
had
been
supervacaneous
,
if
the
Power
of
a
Prince
did
belong
to
Adam
in
the
right
of
his
paternity
,
and
a
Government
had
been
provided
for
them
by
their
Birth
.
Yet
I
say
notwithstanding
that
:
There
was
such
a
Relaxation
of
Justice
in
the
World
before
the
Flood
,
because
it
could
be
only
administred
by
a
Father
,
or
such
who
participated
of
the
stock
of
love
lodg'd
in
the
common
Father
,
from
whom
his
Children
did
derive
their
tenderness
,
one
to
another
,
as
they
themselves
sprang
from
him
.
That
the
World
was
grown
so
wicked
with
in
2
ages
(
as
men
then
liv'd
)
from
the
creation
,
that
a
Universal
deluge
was
brought
upon
the
World
,
by
the
Just
Judgment
of
God
,
for
the
outragious
&
insufferable
Wickedness
,
that
had
spread
it self
universally
over
mankind
;
8
Persons
only
excepted
.
The
overflowing
deluge
of
Wickedness
,
that
caus'd
the
deluge
of
waters
can't
be
imputed
,
to
a
more
probable
cause
than
to
the
indulgence
and
impunity
,
that
the
observed
and
understood
nearness
of
Kindred
,
that
all
men
stood
then
in
to
one
another
must
naturally
occasion
.
This
is
a
sad
consequence
of
that
natural
Love
in
Parents
towards
their
Children
,
which
was
intended
for
the
propagation
and
advancement
of
mankind
.
But
since
that
now
we
are
estranged
one
from
another
in
remote
,
and
unknown
degrees
,
&
that
prejudice
is
over
.
Here
is
a
gentleman
to
destroy
the
World
another
way
,
and
to
undo
us
by
unreasonable
and
unbounded
power
,
which
is
a
like
apt
to
make
the
World
fit
for
another
Universal
destruction
,
if
it
be
not
without
more
destroyed
by
it
;
doth
endeavor
to
turn
the
exercise
of
such
power
into
a
Right
,
and
to
give
it
warranty
from
the
Reason
and
way
of
our
propagation
,
and
by
this
means
to
destroy
us
faster
,
then
we
can
be
born
and
bred
,
and
impare
the
Generations
of
Mankind
,
or
render
them
extreamly
miserable
,
or
wicked
which
is
much
worse
,
extinguish
the
light
of
the
world
,
which
is
Love
and
Amity
,
and
destroy
the
encouragement
and
reason
of
almost
all
relative
Morality
.
What
a
Saturnine
Father
have
we
got
,
to
make
a
golden
Age
,
who
ever
would
have
thought
,
that
the
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
the
most
moving
kindest
,
most
tender
pleasing
,
and
beneficent
instinct
in
Nature
,
planted
by
God
the
Father
of
us
all
,
for
the
propagating
educating
and
improving
humane
Nature
,
should
ever
be
made
use
of
to
found
a
Right
of
Tyranny
,
and
Arbitrary
domination
,
the
greatest
destroyer
and
depraver
of
Mankind
.
What
Monster
hath
this
last
Age
produced
!
a
Christian
,
a
Father
,
seriously
endeavoring
to
persuade
all
Mankind
,
to
offer
up
their
Children
to
Moloch
the
Saturn
of
the
Easterlings
,
who
was
but
the
Devil
of
Tyranny
as
the
name
imports
.
This
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
the
true
origen
,
and
Fountain
of
Love
and
Amity
,
and
the
sociable
Virtues
which
render
men
humane
,
from
whence
flows
all
the
happiness
of
mankind
,
will
by
this
Doctrine
be
corrupted
and
rendred
unsincere
and
self
designing
.
For
when
a
Father
performs
an
Act
of
Generation
,
it
seems
now
he
designs
to
add
a
slave
to
his
Retinue
,
and
when
a
Child
is
born
there
is
another
item
added
to
the
inventory
of
his
Estate
.
If
this
Fountain
be
corrupted
,
there
can
be
nothing
sincerely
kind
after
it
in
humane
Nature
.
The
Leviathan
is
out-done
by
this
Gentleman
,
and
hath
not
performed
half
so
renownedly
in
the
great
Work
of
depraving
Humane
Nature
,
as
our
Patriarchal
Knight
will
do
,
if
his
Admirers
can
bring
him
into
vogue
and
esteem
.
For
the
Author
of
the
Leviathan
allowed
something
good
in
Humane
Nature
,
several
equal
propensions
,
which
he
terms
her
Counsels
,
and
sometimes
adventures
to
call
the
Laws
of
Nature
:
But
he
concludes
they
are
not
practicable
,
and
they
are
only
fools
who
govern
themselves
by
them
.
But
this
Gentlemen
will
not
allow
Nature
to
be
good
in
her
first
institution
and
designment
,
tho
in
this
I
think
they
are
near
agreeable
,
that
Mr.
Hobs
made
the
Pourtraiture
of
Humane
Nature
in
an
agreeableness
to
his
own
evil
Ingeny
.
And
this
Knight
did
set
himself
,
when
he
made
this
his
draught
of
a
Father
he
could
have
no
other
Original
but
himself
,
or
the
Idea
of
the
moross
and
sower
Dr.
P.H.
his
admired
friend
but
by
his
Character
he
had
at
least
misfigured
his
understanding
,
and
made
it
his
own
Nature
by
liking
it
.
2ly
,
No
more
of
authority
belong'd
to
Adam
over
his
Children
,
then
does
to
any
of
his
Children
over
his
,
for
that
this
Authority
proceeds
from
Nature
,
and
Nature
is
a
like
in
all
men
,
the
duty
of
their
education
,
and
the
Authority
over
them
,
that
is
competent
to
that
purpose
,
is
as
much
incumbent
upon
them
,
as
upon
the
Protoplast
,
the
duty
is
so
personal
consisting
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
that
it
cannot
be
transferred
,
or
permitted
absolutely
to
any
other
person
by
the
Parents
,
nor
can
any
man
challenge
a
right
to
it
,
or
discharge
the
Father
from
it
,
or
require
the
same
affection
,
submission
and
reverence
,
that
is
due
from
a
Child
to
his
Father
.
To
expect
relative
duties
without
Relation
is
most
unnatural
,
it
is
as
impossible
as
incongruous
,
and
we
may
as
well
love
and
hate
rejoyce
and
grieve
without
the
proper
objects
and
incitements
of
those
passions
.
The
fundamental
Rule
of
all
morality
,
is
that
of
Simplicius
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
It
is
as
certain
as
any
proposition
in
Euclid
,
as
the
Doctrin
of
proportionable
triangles
,
and
received
as
such
by
all
the
Masters
of
Moral
Philosophy
,
there
is
no
other
foundation
of
our
duty
to
God
or
Man
,
or
towards
our selves
this
rule
must
declare
it
,
and
what
ever
is
measured
and
allowed
by
this
Rule
,
is
commonly
called
,
which
is
comprehensive
of
all
that
is
honest
,
just
,
and
fit
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
and
the
application
of
this
rule
is
called
by
St.
Paul
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
which
when
a
man
observes
he
is
perfectly
moral
,
a
man
may
as
well
pay
his
debts
by
giving
away
his
Money
,
be
grateful
to
his
benefactor
by
being
beneficent
to
Strangers
,
as
perform
that
duty
he
ows
his
Father
to
any
but
he
that
is
so
:
It
is
impossible
to
separate
the
shadow
from
the
Substance
as
to
make
that
subsist
by
it self
which
grows
by
resultance
from
the
state
and
condition
of
the
person
.
Or
that
without
that
state
of
the
person
,
from
which
it
doth
arise
it
should
ever
accrew
.
3ly
.
Admitting
Adam
had
a
Soveraign
Authority
over
all
his
descendents
,
which
must
grow
(
if
there
was
any
such
thing
)
from
some
positive
institution
,
and
not
from
his
paternity
,
yet
the
natural
Authority
and
duty
of
Parents
towards
their
Children
,
continues
entire
together
with
Sovereign
Power
,
and
is
not
at
all
abated
by
it
,
and
therefore
cannot
be
the
same
.
No
Soveraign
Power
can
extort
the
Children
from
their
Fathers
Authority
and
care
:
This
is
a
duty
in
Nature
before
Governments
.
They
cannot
belong
to
the
Government
before
they
are
filii
precepti
,
and
capable
of
the
Conscience
of
a
Law
.
It
is
a
duty
in
Parents
to
Educate
their
Children
,
and
a
right
they
have
in
consequence
to
govern
them
,
that
cannot
be
taken
from
them
.
It
is
the
Parents
duty
to
form
their
consciences
.
They
are
appoint-by
God
,
the
great
Ministers
of
his
Providence
to
the
Children
.
That
they
perform
this
Office
,
he
hath
tyed
them
to
it
by
the
sweatest
constraints
and
almost
violences
of
Nature
,
by
an
irresistable
love
and
tyes
of
Endearment
,
that
cannot
be
broken
,
this
declares
their
Right
of
Authority
over
their
Children
,
against
any
interposings
of
Soveraign
Authority
to
its
prejudice
,
let
or
hindrance
.
Thomas
Aquinas
positively
determines
,
that
it
is
not
lawful
for
Christian
Kings
to
baptize
the
Children
of
the
Jews
against
the
will
of
their
Parents
,
for
that
(
saith
he
)
it
is
against
the
course
of
natural
justice
.
4ly
,
There
is
no
footsteps
in
the
Records
of
the
old
World
to
verifie
this
Hypothesis
.
That
such
Authority
was
so
much
as
pretended
to
be
used
or
exercised
by
Adam
,
but
we
find
instances
against
it
in
the
short
History
before
the
Flood
.
Cain
received
no
sentence
from
Adam
his
Prince
and
Soveraign
Judg
,
but
from
God
himself
,
or
rather
from
his
Shecinah
or
some
visible
Representation
of
his
presence
.
Thence
he
obtained
some
degree
of
impunity
and
his
life
protected
.
No
mention
here
at
all
of
Adam
,
his
taking
the
Tribunal
or
Cains
arraignment
,
or
of
any
pardon
or
indulgence
granted
by
King
Adam
.
Lamech
that
had
Kill'd
a
man
by
mischance
,
did
not
alledge
his
case
at
his
Father
Adams
Court
,
and
the
matter
of
extenuation
of
the
Man-killing
,
we
hear
of
no
pardon
of
Course
to
be
allowed
,
when
the
circumstances
of
fact
had
been
first
judicially
considered
.
How
could
a
thing
of
such
importance
be
omitted
in
the
story
of
the
old
World
,
tho
so
short
.
It
was
of
more
concernment
,
than
to
know
that
Tubal
Cain
was
the
first
Smith
and
Jubal
,
the
first
man
that
made
a
Musical
instrument
,
to
know
the
original
nature
and
reason
of
Government
.
Besides
we
find
all
the
grand
Children
of
Noah
,
becoming
Princes
of
Countries
,
and
the
Sons
and
grand
sons
of
Esau
alike
Dukes
and
Princes
,
that
is
at
least
absolute
Fathers
of
their
own
Families
,
and
ruling
over
such
as
were
their
slaves
and
dependents
.
And
the
12
Sons
of
Jacob
are
all
called
Patriarchs
:
When
Nimrod
played
the
Tyrant
we
find
nothing
said
for
his
justification
upon
any
Patriarchal
right
.
But
if
we
consult
the
Traditions
of
the
Jews
,
they
will
inform
us
of
another
original
of
Government
,
and
that
is
this
.
They
say
that
God
gave
several
Precepts
to
Adam
and
his
Sons
,
and
Noah
and
his
Sons
,
and
one
amongst
the
rest
,
that
they
should
erect
Governments
,
which
his
Sons
could
not
have
performed
without
Rebellion
against
their
King
Father
,
if
Adam
had
been
so
as
Sir
Robert
Filmer
first
dreamt
.
Also
besides
that
of
making
Governments
,
there
was
a
Precept
given
them
of
honoring
their
Parents
,
Selden
de
jure
Naturae
secundum
Hebraeos
fol.
2792.
And
therefore
the
Precept
of
honoring
Parents
,
is
a
distinct
duty
from
that
of
obedience
to
Governments
.
By
this
Precept
they
had
Authority
in
general
,
to
establish
Governments
amongst
themselves
,
in
the
specification
of
which
they
were
left
to
rheir
own
liberty
and
discretion
,
and
therefore
were
not
obliged
to
any
single
form
of
Government
.
It
must
be
understood
,
that
the
Precept
which
required
the
Sons
of
Adam
and
Noah
to
establish
Governments
,
required
also
every
mans
Submission
to
their
Orders
,
Laws
,
and
Decrees
,
when
established
.
Lastly
,
We
will
consider
of
the
instances
he
gives
of
the
Exercise
of
Soveraign
Power
,
by
Fathers
of
Families
,
which
are
as
impertinent
to
his
purpose
,
as
his
Doctrine
is
groundless
and
precarious
,
but
they
are
these
.
Abrahams
War
and
Judahs
judgment
upon
Thamar
.
As
to
the
first
of
Abrahams
making
War
:
We
say
we
cannot
allow
,
that
making
War
doth
argue
any
Soveraign
Authority
.
It
is
sufficient
,
that
he
who
makes
it
is
under
none
to
make
a
vindicative
War
Lawful
.
For
an
injured
Person
may
in
the
State
of
Nature
,
vindicate
wrongs
by
an
authority
derived
from
God
and
Nature
to
a
just
satisfaction
:
Because
there
is
no
competent
judicature
to
appeal
to
for
right
and
redress
.
But
see
how
unhappy
the
Gentleman
is
.
This
very
instance
of
his
production
is
clearly
against
him
,
for
if
Soveraign
Power
had
been
Patriarchal
,
Abraham
had
been
guilty
of
Treason
,
in
making
War
without
a
Commission
from
Melchizedech
the
King
of
Salem
,
who
as
the
Learned
men
conjecture
,
was
Shem
his
Patriarch
and
Chief
and
known
by
him
for
such
.
But
because
Abraham
the
best
man
perhaps
in
any
Age
did
not
take
a
Commission
from
Melchizedech
his
Patriarchal
chief
.
And
yet
he
was
blessed
by
Melchizedech
when
he
returned
from
the
War
.
We
may
conclude
that
neither
Melchizedeeh
nor
Abraham
knew
of
any
such
Patriarchal
Soveraignty
.
And
also
from
this
great
example
it
appears
,
that
it
is
lawful
for
him
,
that
is
not
a
Soveraign
,
if
he
be
not
under
any
to
make
War
.
I
will
not
enter
into
a
discourse
,
whence
and
how
is
derived
the
Authority
of
making
War
and
capital
Sentences
,
which
must
have
the
same
reason
to
warrant
both
which
hath
pusled
some
great
Divines
.
Dr.
Hammond
that
great
man
was
at
a
loss
in
this
enquiry
,
and
thinks
that
nothing
but
a
Divine
Authority
can
warrant
them
,
which
hath
put
them
upon
strange
extravagant
Hypotheses
of
Government
,
and
sent
this
Knights
brains
a
Wool-gathering
.
But
this
may
satisfie
any
man
of
sense
,
that
whatever
is
necessary
for
the
general
happiness
of
mankind
,
and
for
preserving
peace
in
the
world
,
and
protecting
the
innocent
,
and
disinabling
the
mighty
oppressors
is
more
commendable
to
be
done
,
then
the
Killing
a
man
in
his
own
defence
is
simply
lawful
.
As
to
his
second
instance
of
Judah
,
his
Sentence
pronounced
upon
his
Daughter
in
Law
Thamar
,
which
he
would
have
an
exercise
of
Patriarchal
Soveraign
Authority
.
We
say
how
could
Judah
do
this
by
a
Patriarchal
Power
,
when
Jacob
his
Father
was
then
alive
,
and
for
all
that
appears
Judah
his
Son
was
not
extrafamiliated
.
Besides
which
is
very
unlucky
,
Thamar
was
then
none
of
his
Family
,
or
of
the
Subjects
of
his
Domestick
Empire
,
for
his
Son
her
Husband
being
dead
,
she
was
free
from
the
Law
of
her
Husband
,
and
ceased
to
be
a
Subject
of
his
Paternal
Kingdom
.
But
Mr.
Selden
under
the
Authority
of
some
Rabbins
,
which
he
cites
in
his
excellent
Book
before
mentioned
Fol.
807.
saith
that
,
Judah
might
have
the
Office
of
a
Prince
or
Magistrate
in
a
district
in
that
Country
,
and
by
that
Authority
might
judge
her
according
to
the
Laws
of
that
Country
.
But
what
the
Law
was
,
and
the
Nature
and
reason
of
her
offence
,
by
which
it
became
capital
,
is
not
understood
as
he
tells
us
in
the
place
before
cited
,
I
shall
not
trouble
the
Reader
with
unfolding
the
matter
.
But
why
doth
he
trouble
himself
to
make
Kings
,
Fathers
of
their
Countries
,
some
cannot
be
so
and
some
have
no
mind
to
be
so
,
and
yet
they
ought
to
be
Kings
.
And
some
that
have
not
been
Kings
,
have
been
so
and
so
styled
,
as
the
great
M.
Tully
,
for
defeating
the
Catiline
Conspiracy
,
He
was
by
decree
of
the
Senate
call'd
Pater
Patriae
.
Those
are
with
reason
truly
called
Patres
patriae
,
which
either
relieve
their
Country
from
miserable
pressures
,
which
is
the
civil
death
of
a
Nation
,
and
for
this
reason
our
King
hath
the
honor
of
being
called
Pater
Patriae
,
and
we
hope
,
that
he
will
wear
that
honorable
Title
upon
a
second
deliverance
of
us
from
a
most
deplorable
condition
.
Or
else
such
who
bring
the
Nation
to
an
exalted
state
of
happiness
,
so
much
beyond
their
old
state
of
things
,
that
they
seem
to
give
the
Nation
a
new
civil
Life
,
Being
and
Birth
.
For
his
etymological
argument
from
the
notation
of
the
Word
,
it
is
too
putrid
to
be
insisted
upon
,
tho
not
more
ridiculous
than
his
Hypothesis
.
But
for
that
the
reduction
of
our
duty
to
our
King
,
to
the
fifth
Commandment
,
may
seem
to
give
some
advantage
to
the
Hypothesis
with
Fathers
who
know
no
bounds
of
their
power
over
their
Children
.
It
must
be
observed
,
that
the
Decalogue
is
not
a
compleat
Rule
of
Morality
.
The
decalogue
comprised
the
Principal
Laws
of
that
common
Wealth
,
which
God
their
Law
giver
by
a
most
Solemn
Act
of
his
Legislation
,
did
more
awfully
oblige
them
to
observe
.
God
that
time
was
their
King
,
Rebellion
was
as
Idolatry
,
and
the
sin
of
Witchcraft
and
the
Defection
of
one
of
their
Cities
to
Idolatry
,
was
punished
as
a
revolt
and
Rebellion
,
Deut.
13.
v.
15.
He
had
provided
for
his
honor
and
worship
,
and
their
Allegiance
in
the
first
Table
,
and
did
design
by
the
5th
Commandment
to
lay
the
Foundation
of
all
positive
morality
,
by
providing
for
a
Reciprocation
of
kindnesses
,
by
injoyning
the
gratitude
and
fitting
returns
of
Children
to
their
Parents
,
and
by
putting
Children
under
obligations
to
be
taught
and
instructed
by
their
Parents
.
But
our
duty
to
Governors
is
more
duly
referred
to
all
the
other
Commandments
,
because
Government
secures
the
observation
of
those
Laws
to
us
,
by
which
we
enjoy
our selves
,
and
ours
freed
from
the
Violations
of
Lust
,
Appetite
,
Fraud
and
Violence
.
We
do
not
honor
our
King
by
relief
in
his
fortune
,
which
is
commanded
to
be
done
by
our
Parents
in
the
precept
of
honoring
them
,
our
subsidies
and
Aids
are
not
to
that
purpose
,
but
contributions
to
the
charges
of
the
Government
,
they
are
the
just
price
of
our
immunity
&
protection
,
from
fraud
and
violence
for
which
cause
pay
we
tribute
.
But
whosoever
he
be
,
that
hath
more
respect
for
this
Knights
works
then
I
have
,
may
find
him
more
gently
treated
by
a
very
worthy
Gentleman
,
in
a
very
candid
and
judicious
book
called
Patriarcha
non
Monarcha
.
But
what
is
the
meaning
of
these
flattering
Books
,
they
cannot
but
be
nauseous
to
His
Majesty
,
who
is
a
very
wise
Prince
,
and
knows
how
sensless
such
Books
are
,
and
besides
they
make
the
People
afraid
,
and
the
Nation
unquiet
from
the
apprehensions
they
give
,
that
the
Government
will
be
changed
.
Notwithstanding
the
King
hath
given
such
solemn
assurance
to
the
Nation
by
his
late
Declaration
,
that
we
shall
have
frequent
Parliaments
,
and
that
he
will
govern
by
Law
.
They
would
have
had
a
better
market
,
for
the
Divinity
they
bestow
upon
Princes
,
with
Alexander
after
he
had
lost
his
Virtue
,
and
with
those
Vile
Emperors
whose
Names
are
Regum
opprobria
,
for
such
the
flatterers
of
antient
times
Deifyed
,
those
who
had
ceas'd
to
be
men
they
made
Gods
,
and
when
they
had
left
nothing
about
them
that
was
tolerable
,
they
magnified
their
power
,
which
was
already
most
intolerable
.
If
the
Kings
hereafter
would
but
read
the
History
of
Kings
,
under
that
conclusion
,
that
a
wise
observer
of
Humane
Events
made
after
a
long
observation
and
experience
,
and
would
make
experiments
of
the
truth
of
it
in
their
own
reading
,
Kings
would
be
glorious
,
and
the
Nations
they
govern
happy
and
full
of
peace
.
They
would
find
therein
so
many
effectual
Documents
to
fear
God
and
regard
men
,
and
govern
them
righteously
.
Si
Vitam
spectes
hominum
si
denique
Mores
,
Artem
vim
fraudem
,
cuncta
putes
agere
.
Si
propiùs
spectes
,
fortuna
est
arbitra
Rerum
.
Nescis
quid
dicis
,
sed
tamen
esse
putas
.
At
penitus
si
introspicias
&
ultima
primis
Connectas
,
solus
rector
in
orbe
Deus
.
Alciat
.
People
can
be
no
happyer
than
Government
and
Laws
design
to
make
them
,
though
they
do
not
alwayes
answer
the
good
designments
of
the
Government
.
To
what
purpose
then
are
these
new
Hypotheses
fram'd
and
published
,
Kings
are
exempted
by
their
Office
,
and
the
sacredness
of
their
persons
from
all
fears
,
but
the
fears
of
Nature
,
and
these
can
never
be
discharg'd
.
Those
who
do
ill
will
fear
ill
Eternally
,
tho
their
power
were
made
little
less
than
omnipotent
,
for
the
frame
of
Humane
Nature
hath
made
it
necessary
to
be
so
.
Besides
God
hath
made
one
thing
against
another
,
there
is
a
Divine
Nemesis
interwoven
in
the
Nature
of
things
,
and
God
will
always
govern
the
World
.
Omne
sub
regno
duriore
regnum
.
The
great
Mogul
at
his
inauguration
swears
,
that
his
People
shall
be
at
peace
at
home
,
and
victorious
abroad
,
afflicted
neither
with
plague
nor
famine
,
but
enjoy
Health
and
Plenty
all
his
days
.
This
seems
extraordinary
Pompous
and
Arrogant
,
but
it
means
no
more
than
this
,
that
he
will
govern
them
so
vertuously
,
that
Gods
Providence
shall
be
always
propitious
to
his
People
,
and
is
no
more
in
plain
English
,
than
what
our
Church
offers
up
in
her
publick
prayers
for
the
King
.
(
viz.
)
That
he
may
govern
us
in
Wealth
Peace
and
Godliness
,
that
he
may
live
long
and
so
govern
us
ought
to
be
every
honest
mans
Prayers
.
But
after
all
these
vain
Hypotheses
contriv'd
,
for
making
Kings
absolute
,
it
will
be
more
easie
for
Kings
to
make
their
reigns
unquiet
,
and
turn
their
Kingdoms
into
Shambles
.
But
lastly
,
to
revive
the
Antient
Zeal
of
the
true
members
of
the
Church
of
England
against
Popery
.
To
rectify
the
mistakes
of
some
Gentlemen
of
the
Clergy
about
the
Dissenters
:
And
of
our
late
Parliaments
,
and
their
proceedings
in
reference
to
them
.
Let
it
be
considered
;
how
unreasonable
their
apprehensions
are
of
any
danger
to
the
Church
of
England
,
from
the
desires
of
the
House
of
Commons
,
of
some
indulgence
or
toleration
in
favor
of
the
Dissenters
at
this
time
;
especially
when
the
Protestant
Religion
is
so
shrewdly
beset
,
she
hath
reason
now
sure
to
take
all
such
for
her
friends
,
that
are
heartily
Enemies
to
Popery
,
tho
not
so
skillful
as
they
should
be
to
ward
off
its
assaults
.
Since
the
Papists
presume
to
call
them
Fanaticks
,
tho
exactly
conformable
to
the
Church
of
England
,
that
will
not
assist
to
bring
on
the
Popish
Plot
by
disbelieving
it
;
and
put
us
in
fear
of
the
Fanaticks
,
by
taking
all
the
courses
imaginable
to
provoke
and
exasperate
them
,
and
upon
their
discontents
(
which
they
maliciously
heighten
and
by
falshood
and
forgeries
misrepresent
)
:
To
graft
thereupon
a
Pretens
of
a
Protestant
Plot
,
for
a
pretext
to
extirpate
Protestanism
and
introduce
Popery
,
which
they
impudently
pretend
to
be
of
a
more
firm
Allegiance
to
the
Government
than
the
Reformed
Religion
.
I
pray
let
it
be
considered
,
that
that
which
is
tolerated
is
put
under
disgrace
,
even
for
that
it
is
tolerated
;
and
that
which
tolerates
,
even
for
that
it
tolerats
,
hath
the
Governing
Authority
;
and
in
so
much
as
it
indulgeth
,
it
obligeth
to
modesty
and
reason
,
and.
if
that
indulgence
should
be
abused
it
may
and
will
be
retracted
.
It
was
never
intended
by
the
House
of
Commons
,
that
the
Church
of
England
should
be
altered
or
modelled
to
an
agreeableness
to
any
form
or
sect
of
the
separation
,
or
prescrib'd
to
by
any
of
the
Dissenters
,
or
that
she
should
be
made
subject
to
any
of
their
rules
or
opinions
,
or
her
Liturgy
laid
aside
for
directories
,
or
which
is
worse
undervalued
to
the
profane
way
of
extemporizing
:
For
as
generally
used
and
exercised
it
deserves
no
milder
a
stile
.
That
the
Church
should
always
govern
by
her
own
Wisdom
in
her
own
Province
,
and
in
those
things
that
appertain
to
her
,
can
never
be
deny'd
her
.
No
man
hath
reason
to
say
,
tho
he
hath
great
cause
to
dislike
the
separation
,
and
to
have
a
bad
opinion
of
the
Dissenters
,
that
he
had
rather
submit
to
Popery
than
to
any
form
of
the
Separation
,
for
he
need
do
neither
except
he
pleaseth
.
No
man
that
thus
expresseth
himself
,
but
will
be
suspected
to
seek
an
occasion
and
pretens
to
become
a
Papist
,
and
to
make
a
defection
from
the
Church
of
England
.
But
if
these
Gentlemen
have
such
a
displeasure
against
Schism
and
Separation
(
which
certainly
is
the
worst
disease
any
Church
can
labor
under
,
and
at
this
time
threatens
the
destruction
as
well
of
the
Protestant
Religion
it self
,
as
it
doth
to
the
Professors
of
all
denominations
)
let
this
sharpen
their
zeal
against
Popery
(
which
by
its
unhallowed
arts
hath
occasioned
and
exasperated
our
Schism
,
)
and
put
them
upon
the
use
of
all
means
to
reconcile
if
possible
the
Schism
(
that
the
Papists
have
already
made
,
and
by
all
means
endeavor
to
continue
)
and
take
away
if
possible
the
occasion
of
it
for
the
time
to
come
:
And
thus
defeat
the
Arts
of
the
Priests
and
Jesuits
for
supplanting
our
Church
.
It
is
a
most
deplorable
thing
that
our
Church
should
be
kept
,
rent
and
divided
,
in
danger
of
being
lost
between
Rituality
and
scrupulosity
.
Though
the
Scruples
of
the
Nonconformists
,
which
I
always
thought
,
and
do
still
think
groundless
,
and
unreasonable
,
have
often
moved
me
into
some
passion
against
them
,
yet
upon
consideration
,
I
think
this
their
Scrupulosity
may
be
of
God
,
and
that
some
Men
are
by
him
framed
to
it
.
That
he
hath
provided
it
,
as
a
bare
and
obstacle
in
the
Natures
and
Complexions
of
some
devout
Men
,
against
any
Innovations
whatsoever
,
that
dangerous
ones
may
not
steal
upon
the
Church
,
for
the
better
maintaining
the
simplicity
and
purity
of
the
Christian
Religion
and
Worship
.
But
in
saying
this
,
I
have
said
nothing
,
that
is
apt
to
give
them
a
conceit
of
themselves
,
but
rather
to
humble
them
:
For
the
best
Men
are
not
govern'd
by
their
Temper
and
Constitution
,
but
correct
them
by
their
reason
,
and
determine
themselves
by
a
clear
and
firm
Judgement
.
What
affrightment
all
this
while
either
to
Church
or
State
,
from
this
weak
and
pittyable
Scrupulosity
:
Where
lyes
the
Treason
or
Sacriledge
,
nay
or
so
much
as
contumacy
against
our
Ecclesiastical
Governors
which
is
so
much
upbraided
to
them
?
The
Christian
Religion
may
be
prejudiced
by
addition
to
,
as
well
as
substraction
from
her
rule
:
The
Church
of
Rome
by
her
additions
hath
almost
evacuated
the
Christian
faith
.
Besides
there
may
be
a
fineness
in
the
outward
mode
of
religious
Worship
in
its
self
very
justifiable
,
which
may
be
not
congenial
to
men
of
a
course
make
.
The
Worship
of
God
will
always
savor
of
the
manners
of
the
People
;
Men
of
dull
capacity
can
scarce
admit
of
any
Ceremonys
without
danger
of
falling
into
superstition
,
or
being
vext
with
endless
and
incurable
scruple
,
until
for
ease
of
their
minds
they
throw
them
off
.
But
the
wisdom
of
the
best
Law-makers
hath
considered
in
giving
Laws
,
what
the
People
would
bare
,
and
not
what
is
best
to
be
enjoyned
,
and
many
things
have
been
tolerated
by
them
,
which
they
did
not
approve
,
ne
majoribus
mal
is
detur
occasio
aut
etiam
ne
vilescant
sine
moribus
leges
.
There
is
nothing
more
exposeth
the
Authority
of
Government
to
contempt
,
then
a
publick
and
an
open
neglect
of
its
Injunctions
.
But
where
obedience
to
Laws
is
exacted
under
severe
penalties
,
where
it
doth
not
greatly
import
the
common
good
to
have
them
observed
,
that
Government
is
unequal
and
useth
its
Authority
unjustifiable
,
Leges
cupiunt
ut
jure
regantur
.
The
consideration
of
the
sad
effects
the
Schism
in
our
Church
hath
occasioned
,
the
contempt
that
it
hath
brought
upon
our
Ecclesiastical
Governors
.
That
Religion
it self
is
thereby
made
the
scorn
of
Atheists
.
That
the
Papists
are
thereby
furnished
with
matter
of
objection
,
reproach
and
scandal
to
the
Reformation
.
That
every
Age
since
it
begun
hath
heightned
the
malignity
of
the
Schism
,
that
it
seems
now
to
despise
the
Cure
of
the
greatest
Cassanders
.
These
considerations
make
it
infinitely
desirable
to
have
it
utterly
extinguished
.
There
seems
to
be
now
left
but
one
way
of
accommodating
our
Divisions
,
and
that
is
,
that
we
do
not
hereafter
make
those
things
wherein
we
differ
matter
and
reason
of
Division
.
That
the
Children
of
the
Light
and
Reformation
,
be
at
length
as
wise
in
this
matter
as
the
Church
of
Rome
,
which
is
at
unity
with
itself
under
more
and
greater
differences
,
then
those
that
have
troubled
the
peace
of
our
Church
;
which
is
sufficiently
known
to
all
Learned
men
.
Had
it
not
been
happy
,
that
this
Schism
had
been
prevented
by
the
use
of
the
power
of
the
Church
in
Ecclesiastical
dispensations
.
(
If
no
Law
had
been
made
touching
the
matters
that
gave
the
first
occasion
to
the
Schism
,
it
had
been
in
the
Power
of
the
Church
to
have
prevented
it
.
)
No
good
Bishop
but
would
have
relaxed
the
Canons
that
enjoyned
these
Ceremonies
,
about
whose
lawfulness
there
hath
been
so
much
Zeal
mispent
;
and
unwarrantable
heat
and
contention
raised
,
for
the
sake
of
peace
and
preservation
of
the
Unity
of
the
Church
,
to
men
peaceable
and
otherwise
obedient
to
her
injunctions
.
So
dangerous
it
is
to
make
Laws
in
matters
of
Religion
which
takes
the
conduct
of
Religion
,
in
so
much
from
the
guides
of
the
Church
.
The
beginning
of
contention
is
like
the
breaking
out
of
waters
,
saith
the
wise
man
,
and
they
are
assoon
as
begun
more
easily
ended
.
Before
the
Contenders
have
exasperated
one
another
with
mutual
severities
and
contumelies
,
which
at
every
Return
encrease
,
until
both
sides
loose
either
their
virtue
or
the
Reputation
of
it
.
Can
any
man
imagine
that
any
prejudice
can
accrew
to
the
Church
of
England
,
if
she
did
enlarge
her
Communion
by
making
the
conditions
of
it
more
easie
,
especially
if
this
may
be
done
without
annulling
any
of
her
institutions
,
which
the
better
instructed
Christians
will
always
and
the
Weak
may
in
time
devoutly
observe
.
But
till
they
can
they
may
be
received
and
retained
of
her
Communion
,
and
not
be
rejected
by
her
censures
,
tho
they
do
not
submit
to
all
of
them
at
present
:
Will
it
be
any
prejudice
,
that
the
Number
of
her
Bishops
be
encreased
,
and
that
suffragans
be
appointed
or
approved
by
the
present
Bishops
,
in
partem
sollicitudinis
,
as
was
enacted
by
the
statute
26.
H.
8.
cap.
14.
Which
Law
was
repealed
by
1.
2.
P.
M.
and
revived
by
8.
Eliz.
cap.
1.
These
suffragans
were
not
intended
to
participate
of
their
honors
or
Revenues
.
Had
it
not
been
much
more
eligible
to
have
dispensed
with
invincible
scruples
,
rather
than
a
schism
should
have
been
occasioned
,
which
the
longer
if
continues
will
be
more
incurable
,
and
with
greater
difficulty
accommodated
;
as
it
grows
likewise
more
mischievous
.
Is
it
fit
that
the
peace
should
be
hazarded
,
or
the
Nation
put
with
reason
or
without
reason
in
fear
of
it
:
Or
a
Kingdom
turned
into
a
Shambles
for
a
Ceremony
,
or
a
Ritual
in
our
publick
Worship
,
which
if
omitted
would
leave
the
exercise
of
it
solemn
and
decent
.
For
no
man
knows
the
obstinacy
of
inveterate
prejudices
,
founded
perhaps
in
the
very
complexions
and
Natures
of
the
dissenters
,
hardned
also
in
their
way
by
observing
,
how
little
effect
Laws
have
had
for
reducing
their
Numbers
,
and
also
how
unpracticable
any
severity
is
in
the
present
broken
and
distracted
state
of
the
Nation
.
Why
may
not
standing
at
the
Sacrament
be
tolerated
(
tho
kneeling
is
the
devoutest
gesture
,
and
to
me
most
agreeable
)
when
it
is
a
posture
of
Prayer
enjoyned
in
the
Primitive
Church
,
in
their
solemn
meetings
for
Divine
Worship
,
between
the
Feasts
of
Easter
and
Whitsuntide
.
Why
may
not
the
signing
of
the
Cross
in
Baptism
for
the
sake
of
peace
and
unity
be
dispensed
with
,
where
desired
when
the
Sacrament
is
intire
without
it
?
Why
may
not
our
publick
Liturgy
be
changed
and
altered
,
tho
it
may
be
defended
as
it
is
,
and
as
it
is
entertains
the
devotions
of
the
best
men
,
meerly
for
this
reason
,
because
it
is
not
liked
in
some
parts
of
it
by
some
men
,
yet
truly
devout
?
Besides
it
is
the
wish
of
some
excellent
persons
of
the
Church
of
England
,
that
our
publick
offices
were
more
and
those
we
have
,
not
so
long
,
and
that
the
Church
had
a
greater
Treasury
of
Prayers
,
and
by
variety
of
Forms
for
the
same
Office
were
enlarged
in
her
spirit
of
Prayer
,
and
her
publick
Devotions
heightned
.
Why
may
not
the
Rubrick
be
altered
as
general
scruples
shall
arise
,
by
the
Authority
of
the
Church
,
which
would
not
lessen
her
Authority
,
but
advance
the
esteem
of
her
Wisdom
in
the
exercise
of
it
,
when
she
useth
it
for
edification
?
It
is
much
better
sure
to
give
place
to
an
innocent
opinion
,
when
entertained
by
considerable
Numbers
,
tho
a
mistake
then
to
keep
up
contention
and
strife
.
Peace
in
the
Church
is
better
than
precise
and
nice
orthodoxness
,
and
Union
is
to
be
preferred
before
unnecessary
truth
,
which
is
of
no
more
importance
to
our
salvation
,
then
one
of
Euclids
propositions
,
tho
to
be
sure
not
so
certain
and
of
less
use
.
The
business
of
the
Church
is
not
to
make
men
great
Clerks
,
to
improve
us
to
the
subtilty
of
the
Schools
,
but
to
build
men
up
in
the
Faith
and
Love
of
God
,
by
which
they
may
be
instructed
to
every
good
Work
.
Her
aim
is
not
to
make
men
courtly
in
their
behavior
in
our
Churches
,
but
truly
devout
,
and
true
devotion
will
never
fail
to
make
the
Publick
Worship
solemn
,
and
advance
it
beyond
a
decent
formality
.
But
I
would
not
be
mistaken
,
it
is
not
the
Dissenters
I
intend
to
befriend
,
but
the
Church
of
England
,
for
as
for
them
I
declare
I
have
no
liking
to
any
thing
they
say
or
do
,
and
am
especially
dissatisfyed
with
their
very
bad
manners
.
It
is
difficult
to
abstain
from
an
invective
,
but
that
I
think
it
would
be
thrown
away
upon
them
,
and
that
they
are
at
present
incorrigible
.
This
is
not
the
season
for
instructing
their
Wisdoms
,
we
must
wait
for
the
mollia
tempora
fondi
.
I
thus
conclude
since
that
excellent
person
the
Dean
of
Pauls
hath
been
treated
by
them
,
with
such
petulancies
and
rude
insults
for
his
Sermon
of
the
mischiefs
of
separation
.
If
a
discourse
managed
with
almost
irresistible
reason
,
candor
,
temper
and
Address
be
matter
of
exasperation
,
and
they
turn
again
and
are
more
hardned
in
their
obstinacies
,
and
become
more
confirmed
in
their
separating
way
,
nothing
but
their
own
thoughts
,
and
the
consideration
in
what
a
desperate
condition
,
they
have
brought
the
reformed
Religion
by
their
Separation
will
reclaim
them
.
But
it
is
expected
that
Governments
should
be
wise
,
that
they
manage
and
controul
the
Follies
and
Weaknesses
of
those
committed
to
their
care
,
that
they
may
do
the
least
mischief
to
themselves
and
others
,
and
by
prudent
and
practicable
methods
amend
and
reform
them
.
The
most
froward
weiward
and
stubborn
Children
give
their
Parents
the
most
care
,
and
opportunities
of
exercising
the
most
tender
love
for
them
,
tho
they
can
take
no
complacency
in
their
awkerdness
.
The
Church
of
England
is
concerned
to
retain
all
her
Children
in
her
Family
to
shut
out
none
by
abdication
,
that
their
numbers
be
not
few
,
and
she
be
ashamed
when
she
speaks
with
her
Enemy
in
the
Gate
.
Not
to
provoke
any
of
them
to
wrath
,
least
they
forsake
her
and
turn
against
her
when
distresses
shall
come
upon
her
.
She
hath
reason
at
this
time
sure
to
make
her
Discipline
easie
,
and
to
learn
of
the
Church
of
Rome
to
be
more
comprehensive
.
Their
Doctrin
of
comprehension
is
so
large
,
that
it
destroys
the
Religion
to
encrease
the
Number
of
Professors
,
but
I
mean
no
more
,
than
that
positive
and
alterable
institutions
may
give
place
to
the
peace
,
security
,
and
preservation
of
Religion
it self
,
to
whose
service
they
were
first
fram'd
and
design'd
.
It
hath
been
heretofore
,
of
old
it
hath
been
said
Mores
Leges
in
potestatem
pertraxerunt
suam
.
Plato
form'd
an
Idea
to
himself
of
a
Common
Wealth
,
without
respect
to
the
manners
of
men
,
but
he
writ
another
,
which
he
calls
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Origen
in
his
Book
against
Celsus
applyes
to
Moses
,
the
Answer
of
a
famous
Law-giver
,
who
asked
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
the
Answer
was
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
And
we
all
know
what
God
permitted
to
the
Jews
,
in
the
matter
of
Divorce
for
the
hardness
of
their
Hearts
.
When
all
is
said
People
must
be
govern'd
as
they
can
.
But
in
the
mean
time
,
it
is
pity
any
of
our
zeal
and
indignation
should
be
mispent
,
when
we
have
use
for
it
all
against
the
Church
of
Rome
,
the
source
whence
all
our
divisions
spring
.
To
which
we
owe
the
first
separations
,
that
were
made
in
our
Chutch
,
which
appears
by
undenyable
Records
,
published
by
Dr.
Stillingfleet
in
his
Book
,
called
the
Unreasonableness
of
Separation
.
How
they
have
propagated
,
multiplyed
,
exasperated
,
and
promoted
our
divisions
,
to
tell
you
would
make
a
Volume
,
besides
no
Protestant
is
now
to
know
it
.
I
have
only
this
further
to
observe
,
that
the
Church
of
Rome
at
first
only
design'd
by
the
Arts
of
dividing
us
,
and
breaking
us
into
several
Communions
,
to
disgrace
the
Reformation
,
to
make
our
Spiritual
Governors
Pastors
and
Teachers
,
lose
their
Authority
with
the
People
.
To
deprave
our
Religion
with
licentious
opiniastre
and
absurd
dogmatizing
,
to
load
our
departure
from
that
Church
,
with
the
mischief
of
innumerable
Schismes
,
and
to
make
us
reconcileable
to
the
Tyranny
and
impostures
of
that
Church
,
from
the
vain
opinions
and
licentiousness
of
the
Sectaries
,
who
have
been
seduced
,
managed
,
inflamed
and
made
wild
by
their
imposturous
Arts
and
Deceits
.
This
I
believe
was
only
at
first
designed
by
the
Priests
,
but
now
they
apparently
design
by
the
Dissenters
to
destroy
the
Church
,
or
by
the
Church
to
destroy
the
Dissenters
,
that
they
more
easily
come
to
rights
with
her
.
They
imagine
the
Dissenters
are
very
numerous
,
and
that
the
Nation
is
fallen
into
two
great
parts
,
that
the
Dissenters
numbers
are
vast
.
But
God
be
thanked
they
neither
make
our
grand
Jury
men
,
nor
the
common
Halls
of
the
City
of
London
,
for
choosing
the
Lord
Majors
or
Sheriffs
.
And
I
challeng
any
man
to
give
me
a
List
of
all
the
Names
of
Dissenters
,
that
were
of
the
House
of
Commons
in
our
two
last
Parliaments
,
I
am
sure
they
will
not
make
an
Number
,
but
they
reckon
the
Numbers
of
Dissenters
by
the
care
they
have
taken
to
encrease
it
.
They
used
great
art
to
continue
the
Separation
when
His
Majesty
was
restored
:
Since
Laws
have
been
made
to
raise
the
Animosities
of
Dissenters
,
but
scarce
ever
executed
for
repressing
them
.
If
for
any
reason
of
state
the
Laws
here
and
there
,
and
for
a
spurt
have
been
exacted
,
secret
comforts
and
supports
have
been
given
to
their
Preachers
of
greatest
Authority
with
them
.
And
when
they
have
seem'd
to
preach
with
the
courage
and
zeal
of
confessors
to
their
Auditors
,
they
have
been
assured
not
only
of
indemnity
,
but
have
received
rewards
.
How
prosperously
did
the
work
of
separation
go
on
by
these
Councils
of
our
Achtlophels
,
by
these
means
they
concluded
it
would
be
heightned
,
that
it
would
admit
of
no
terms
of
an
accommodation
.
How
insolent
were
their
Harangues
more
taking
with
their
deluded
Auditors
,
while
they
apprehended
them
,
acted
with
an
invincible
zeal
of
Religion
.
What
Animations
did
their
People
receive
to
defy
the
Church
and
her
Authority
,
when
their
Preachers
despised
Fines
and
Imprisonment
to
their
seeming
out
of
pure
zeal
against
her
Order
.
It
is
well
known
several
of
them
were
in
Pension
,
and
no
men
have
been
better
received
by
the
D.
than
J.
J.
J.
O.
E.
B.
and
W.
P.
&c.
Ringleaders
of
the
Separation
:
Besides
that
Popish
Priests
have
been
taken
and
executed
for
preaching
in
Field
meetings
in
Scotland
.
They
have
raised
there
a
sort
of
Euthusiasts
more
wild
and
mischievous
,
than
any
we
had
amongst
us
in
the
times
of
licentiousness
.
They
have
had
notwithstanding
great
Lords
that
have
patronis'd
them
who
were
always
well
received
in
their
applications
in
their
favor
,
at
St.
James's
,
and
several
of
their
Preachers
who
were
not
Priests
,
have
received
exhibitions
and
pensions
for
their
Encouragement
.
It
was
necessary
that
the
Fanaticism
planted
in
Scotland
,
should
be
very
loathsome
to
make
that
Nation
abate
any
of
their
zeal
for
the
Protestant
Religion
,
or
to
neglect
their
fears
and
apprehensions
of
Popery
,
or
to
make
the
least
step
towards
it
.
Awake
you
drowsie
Sleepers
,
open
your
Eyes
?
the
Sun
is
risen
,
there
is
light
enough
to
fill
your
sight
,
if
you
would
look
up
and
were
wiling
to
see
.
Could
any
thing
be
conceiv'd
more
apt
,
to
bring
the
Church
of
England
into
contempt
and
scorn
with
those
of
the
separation
then
to
have
Laws
made
in
her
favor
,
penal
Laws
which
are
thought
to
be
of
her
procurement
,
and
not
executed
.
Vain
and
Ineffective
anger
is
always
returned
with
contumely
,
scorn
and
hatred
.
Cupide
conculcatur
nimis
ante
metitum
.
And
so
it
hath
succeeded
in
this
case
,
nothing
hath
been
more
passable
than
the
basest
Scurrility
upon
the
Church
,
the
Bishops
and
the
Clergy
.
The
Atheist
,
the
impious
and
profane
have
listed
themselves
Fanaticks
,
that
they
might
have
the
greater
Liberty
of
reviling
Religion
it self
with
impunity
,
Consider
how
the
Church
of
England
is
used
,
which
is
truly
the
Bulwark
of
the
Protestant
Religion
.
About
ten
years
since
they
designed
to
slight
her
works
,
and
demolish
her
by
a
general
indulgence
and
toleration
.
And
now
they
intend
to
destroy
her
Garrison
,
those
that
can
,
and
will
defend
her
against
Popery
.
By
one
of
their
Pamphleteers
,
the
separation
is
called
an
usurpation
upon
the
Government
,
and
all
the
Dissenters
(
as
such
only
)
Rebels
and
Traitors
to
the
King
.
The
same
Gentleman
would
perswade
the
World
,
that
the
ready
way
to
extirpate
Popery
is
by
rooting
out
of
Fanaticism
,
whither
(
saith
he
)
the
Fanaticks
bring
on
the
Jesuits
plot
,
or
the
Jesuits
the
Fanaticks
is
not
a
farthing
matter
.
But
in
the
mean
time
,
that
the
Papists
have
a
plot
on
foot
needs
no
proof
:
That
any
sort
of
Protestants
are
engaged
in
a
plot
cannot
be
proved
.
But
all
honest
Protestants
of
the
Church
of
England
,
think
it
more
righteous
to
punish
the
Deceivers
,
and
pitty
the
Deceived
,
and
wish
them
only
cut
off
,
that
make
divisions
.
It
is
one
way
of
curing
or
rather
of
extinguishing
the
disease
to
Kill
the
Patient
.
But
no
Prince
did
ever
yet
provide
Cut-Throats
for
his
People
,
in
epidemical
diseases
instead
of
Physitians
.
But
if
the
Papists
could
arm
other
Protestants
against
Dissenters
,
there
would
be
the
less
work
for
Papists
to
do
.
And
they
will
be
sure
to
requite
them
,
for
this
favor
with
Polyphemus
his
curtesie
.
For
to
give
the
Devil
his
due
,
they
are
not
themselves
so
fond
of
Massacres
and
destruction
of
Hereticks
,
as
to
envy
that
employment
to
any
other
,
that
will
undertake
it
.
They
had
rather
any
other
party
of
Men
should
do
the
Drudgery
for
them
.
Besides
what
one
sort
of
Protestants
shall
execute
upon
another
,
will
give
them
better
pretence
and
more
hardiness
(
if
they
wanted
either
Pretence
or
Resolution
to
destroy
such
as
they
call
Hereticks
)
to
execute
the
like
destruction
upon
the
Church
Protestants
,
who
certainly
differ
more
from
the
Papists
then
the
Separatists
do
from
our
Church
.
Sure
there
is
good
Reason
they
should
be
more
sharply
treated
by
the
Papists
,
than
they
treated
the
Dissenters
.
And
if
they
are
in
such
sort
us'd
they
must
lay
their
hands
upon
their
mouths
;
and
be
silent
before
their
Persecutors
,
and
acknowledg
the
righteous
judgment
of
God
,
in
bringing
such
tribulation
upon
them
,
from
their
Enemies
wherewith
they
troubled
their
own
Brethren
.
But
there
are
better
ways
of
putting
an
end
to
the
Popish
Plot
,
then
by
putting
it
in
Execution
for
them
.
(
That
is
to
say
)
by
suppressing
that
contumacy
,
that
is
grown
so
rife
in
the
Dissenters
against
the
Church
of
England
,
by
putting
the
Revilers
of
her
Establishment
and
Order
under
the
severest
Penalties
.
By
the
Church
her
condescentions
and
indulgences
to
those
that
are
weak
and
scrupulous
,
&
the
peaceable
Dissenters
,
such
condescentions
will
not
abate
but
magnifie
her
Authority
.
The
Church
of
England
will
not
be
by
this
means
lost
,
but
her
Governance
preserved
,
especially
if
the
Relaxation
that
shall
be
made
proceeds
from
her
ex
mero
motu
,
and
is
not
imposed
upon
her
by
any
secular
Authority
.
Nay
she
will
become
by
this
means
more
ample
and
venerable
.
What
Glories
will
shine
upon
the
Heads
of
the
Bishops
:
We
shall
all
rise
up
&
call
them
blessed
.
They
will
attain
an
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
here
,
and
receive
divine
Honors
while
they
live
.
Their
Order
will
be
recover'd
into
the
highest
Veneration
,
and
it
will
never
be
after
a
question
in
the
English
Church
whither
the
Order
of
Bishops
be
Apostolical
.
The
Parliament
will
make
all
Laws
yield
and
comply
to
such
happy
peaceable
and
gratious
Intendments
.
All
the
People
will
honor
them
as
their
common
Saviors
,
that
shall
thus
snatch
us
from
the
very
Brink
of
Ruine
,
and
render
the
Designs
of
the
implacable
Enemies
of
the
Church
ready
to
take
effect
to
the
destruction
of
our
Religion
,
and
the
Nation
,
utterly
defeated
.
But
what
punishments
can
we
think
too
severe
upon
any
,
that
shall
be
guilty
of
such
insolent
Iniquity
,
as
not
to
allow
,
that
liberty
to
the
Church
which
they
seek
as
a
favor
from
her
to
themselves
,
that
will
not
let
the
Church
escape
their
Censures
,
when
she
gratiously
exempts
them
from
her
Censures
,
and
pittys
their
Errors
and
Follies
.
What
Fines
and
Imprisonments
,
Pillories
and
Scourgings
do
they
deserve
,
that
persecute
the
Church
with
Revilings
,
when
they
themselves
are
tolerated
.
Their
condemnation
must
be
just
,
what
ever
their
doom
be
,
themselves
being
Juges
:
They
will
suffer
as
Evil
doers
and
disturbers
of
the
peace
,
not
for
their
Religion
,
but
for
a
most
extravagant
and
intolerable
unrighteousness
.
They
who
will
not
tolerate
others
are
themselves
for
that
reason
most
intolerable
.
Against
these
our
Laws
are
to
be
sharpen'd
,
and
their
iniquities
to
be
punished
by
a
Judge
.
But
the
Statute
of
35
Eliz.
which
punisheth
dissatisfactions
,
and
peaceable
withdrawings
from
the
publick
worship
with
exile
,
and
death
declares
how
odly
the
business
of
the
Separation
hath
been
managed
,
and
with
what
disadvantages
to
the
Church
;
as
it
doth
also
the
impracticableness
of
Laws
,
that
make
perhaps
invincible
prejudices
,
and
modest
and
peaceable
dissatisfactions
capitally
criminal
.
The
execution
of
this
Law
is
scarce
possible
.
It
is
by
no
means
agreeable
,
either
to
the
Christian
temper
of
our
Church
,
or
His
Majesties
great
Clemency
of
which
he
hath
assured
us
in
the
general
course
of
his
Reign
.
And
especially
for
that
that
Law
hath
been
very
rarely
proceeded
upon
.
A
Gentleman
that
lay
in
Cambridge
Goal
;
under
the
Judgment
of
that
Law
was
reprieved
by
His
Majesty
,
with
a
great
dislike
expressed
by
him
against
that
and
such
like
severities
.
What
ever
extravagances
of
a
few
wild
Fanaticks
of
that
Age
occasion'd
that
Law
:
the
State
of
the
Separation
and
of
the
Nation
being
quite
alter'd
from
what
it
was
then
;
the
execution
of
this
Law
now
,
would
be
something
like
a
Sheriffs
serving
a
Writ
out
of
Date
,
in
another
County
which
can
have
no
effect
but
mischief
to
himself
.
While
our
Dissenters
are
thus
reasonably
indulged
,
and
strictly
obliged
to
their
peaceable
behavior
,
they
can
give
no
apprehensions
to
the
Government
either
in
Church
or
State
.
This
is
all
that
is
designed
,
and
all
that
they
ought
to
have
,
and
this
certainly
would
be
readily
yielded
them
in
this
present
juncture
,
especially
if
the
Evils
of
the
late
unhappy
times
did
not
stand
upon
their
score
.
But
I
perswade
my self
,
that
this
course
if
it
had
been
heretofore
taken
would
have
prevented
one
great
cause
of
our
late
Troubles
,
so
it
will
in
such
measure
prevent
them
from
returning
,
as
the
separation
can
be
accounted
the
cause
of
them
.
As
for
the
Sacriledge
and
Spoil
,
which
was
then
made
upon
our
Church
it
could
never
have
happen'd
,
but
upon
the
dissolution
of
the
Government
,
nor
can
it
ever
happen
again
.
That
War
would
have
been
impossible
,
if
the
Church-men
had
not
maintained
the
doctrine
,
that
Monarchy
was
Jure
Divino
,
in
such
a
sense
that
made
the
King
absolute
,
and
they
and
the
Church
in
consequence
perished
by
it
.
But
God
be
thanked
,
we
see
the
Church
again
restored
to
her
endowments
,
grown
wiser
than
to
desire
to
hold
that
precariously
,
and
at
pleasure
,
she
doth
enjoy
by
an
unmovable
legal
Right
.
Of
the
three
Estates
of
this
Kingdom
(
for
to
suspect
any
such
thing
of
the
King
would
be
unpardonable
blasphemy
)
there
can
be
no
reasonable
Suspition
.
Though
of
the
House
of
Commons
it
is
be
come
now
lawful
to
suspect
and
say
any
thing
,
that
is
evil
.
But
no
man
but
the
Villains
,
that
design
by
dishonoring
them
,
to
change
the
Government
hath
reason
to
entertain
such
a
thought
.
The
Members
of
the
Commons
in
our
latest
Parliaments
,
were
all
upon
the
matter
entirely
conformable
to
the
Church
of
England
.
They
were
persons
of
the
best
Estates
,
Reputation
and
Honor
in
their
Countries
:
And
they
,
or
such
as
they
are
like
to
make
our
succeeding
Parliaments
.
I
have
leave
to
put
them
under
the
imprecation
of
the
severest
Curse
,
if
ever
they
do
sacrilegiously
impair
the
Church
her
Revenues
.
And
I
desire
it
may
be
assisted
with
the
hearty
and
passionate
desires
of
all
good
Christians
,
that
so
the
curse
I
now
pronounce
may
operate
upon
them
who
shall
incur
it
.
He
that
designs
,
contrives
or
consents
to
spoil
the
Church
,
of
any
of
her
Endowments
;
may
a
secret
curse
wast
his
substance
.
Let
his
Children
be
Vagabonds
and
beg
their
bread
in
desolate
places
.
Besides
I
know
it
is
meditated
,
and
design'd
by
many
,
and
the
best
Men
,
that
use
to
be
sent
to
Parliaments
,
to
redeem
in
part
,
that
infamous
Sacriledge
,
that
was
committed
in
the
times
of
H.
8.
When
the
Appropriations
of
Rectories
made
to
religious
Houses
which
had
the
cure
of
the
Parish
,
and
ought
at
the
dissolution
of
the
Monasteries
to
be
presented
to
,
were
vested
in
the
Crown
whereby
not
only
the
Church
was
rob'd
,
but
the
People
cheated
of
their
Tythes
which
were
theirs
to
give
,
tho
not
to
retain
,
and
their
praemium
for
the
Priests
Ministrations
;
which
are
now
often
most
slenderly
and
sometimes
scandalously
performed
.
As
also
to
disencumber
her
Revenue
of
the
Charges
and
impositions
of
First-fruits
and
Tythes
,
which
were
imposed
and
exacted
by
the
Pope
,
upon
his
pretence
of
being
the
oecumenical
Pastor
and
High
Priest
of
the
Christian
Church
,
and
at
that
time
confer'd
upon
the
Crown
,
and
are
as
unreasonably
continued
,
as
any
thing
can
be
that
hath
a
Law
for
a
pretext
.
But
for
this
a
compensation
may
be
given
to
the
Crown
,
and
some
way
will
be
found
out
for
Augmentation
of
Vicaridges
and
reindowment
of
Churches
,
that
lost
all
in
that
unparrallel'd
Sacriledge
,
committed
by
the
unsatiable
Avarice
of
that
haughty
and
luxurious
Prince
.
These
designs
employ
the
care
of
a
great
Number
of
our
principal
gentlemen
,
to
purge
the
sin
and
dishonor
brought
upon
the
Nation
by
that
extraordinary
King
.
But
if
there
were
reason
for
any
fear
,
that
the
Nation
could
again
incur
the
guilt
of
sacriledge
.
What
Warranty
can
this
give
to
any
of
her
Clergy
to
slack
or
abate
the
Zeal
,
that
is
due
for
the
purity
of
her
Doctrine
,
prudence
of
her
discipline
,
and
her
commendable
decent
and
intelligible
devotion
.
Are
they
worthy
to
be
named
of
her
,
that
are
ready
to
dissert
her
out
of
fear
of
a
remote
possibility
,
that
she
may
not
always
have
such
largesses
,
as
she
now
bestows
upon
her
Sons
?
Will
they
prefer
the
gift
to
the
Altar
,
and
declare
all
their
godliness
to
be
gain
?
To
suffer
Popery
for
such
a
consideration
to
be
induc'd
upon
her
,
is
a
far
worse
and
more
detestable
sacriledge
than
that
they
pretend
to
fear
.
This
is
to
make
the
Anathemata
of
the
Temple
to
inserve
to
the
dishonor
of
the
Numen
.
To
desecrate
the
Altar
for
the
sake
of
the
gift
,
and
will
by
the
just
judgment
of
God
(
I
fear
)
bring
the
abomination
of
desolation
again
into
our
holy
places
.
Let
none
of
her
Sons
for
the
obtaining
a
dignity
or
a
capacity
for
a
double
benefice
betray
her
by
neglecting
her
interest
,
thinking
with
themselves
that
she
will
otherwise
be
supported
,
for
this
their
doings
is
no
less
than
the
sin
of
Judas
,
who
took
money
to
betray
our
Lord
,
imagining
,
that
he
would
by
a
Miracle
rescue
himself
from
the
hands
of
those
to
whom
he
sold
and
betray'd
him
.
The
honest
of
our
Clergy
will
have
little
satisfaction
,
when
that
day
comes
,
when
they
shall
be
reduc'd
to
Prayers
and
Tears
,
if
they
are
failing
in
any
thing
,
that
they
may
lawfully
do
to
prevent
that
miserable
State
.
Their
Tears
will
be
as
water
spilt
upon
the
ground
,
and
their
Prayers
wiil
never
find
acceptance
with
God
,
nor
be
returned
into
their
own
bosom
.
Disce
Miser
pigris
,
non
flecti
numina
,
votis
.
Proesentemque
adhibe
,
dum
facis
ipse
,
Deum
.
But
above
all
those
fine
men
are
not
to
pass
unreproved
,
who
are
preparing
Pretences
for
their
Revolt
to
the
Roman
Church
.
They
tell
us
that
the
Reformation
is
depraved
,
and
Popery
it self
is
much
amended
since
the
Reformation
,
that
it
is
not
so
grosly
superstitious
(
tho
her
superstitions
are
still
enough
to
stifle
Religion
)
nor
so
fabulous
in
her
Legends
(
she
need
make
no
new
ones
since
she
gives
Authority
still
to
the
old
)
nor
so
imposterous
in
her
cheats
(
for
her
Priests
have
not
been
hocus
pocuses
of
late
us'd
so
many
tricks
of
Legerdemain
,
and
presented
their
puppey
plays
of
moving
&
squeaking
images
)
since
the
Reformation
as
before
.
But
they
may
know
,
that
the
reason
why
we
have
not
maintained
the
dignity
of
the
Reformation
intire
is
this
,
for
that
Popery
hath
not
been
utterly
extirpated
from
amongst
us
tho
their
frequent
Treasons
,
and
their
notorious
seductious
have
deserved
it
.
By
its
continuance
amongst
us
,
and
the
resorts
of
their
Priests
hither
,
it
hath
created
and
fomented
divisions
amongst
us
,
and
corrupted
her
Children
from
their
obedience
to
her
guidance
and
instructions
,
but
she
her self
is
still
the
same
she
was
,
the
Reformation
of
the
Church
is
still
intire
.
She
hath
made
good
her
departure
from
the
Church
of
Rome
,
her
Adversaries
have
not
been
able
to
convict
her
of
any
fault
therein
,
and
by
an
easie
victory
she
hath
triumphed
over
all
their
oppositions
.
And
tho
Popery
appear
not
altogether
so
deformed
by
her
Priests
Artificial
dress
,
and
the
Representations
they
make
of
her
to
seduce
us
,
and
entice
us
to
come
again
under
her
yoke
,
yet
we
know
she
hath
more
established
her
Tyranny
,
by
the
Council
of
Trent
,
and
more
corrupted
her
Morals
by
her
modern
Casuists
since
the
Reformation
,
and
thereby
hath
rendred
her self
more
detestable
,
and
for
ever
to
be
avoided
.
But
though
it
may
be
true
,
that
the
Popish
world
is
beholden
to
the
Reformation
,
and
Popery
it self
is
thereby
amended
in
some
overt
things
,
and
reformed
in
those
Countries
,
that
have
not
reformed
from
her
.
For
in
the
Light
of
the
Reformation
they
have
seen
Light
,
and
have
been
ashamed
of
some
of
their
works
of
darkness
,
&
do
not
bring
into
present
use
some
of
their
gross
Impostures
,
and
some
worse
than
Pagan
superstitions
.
Yet
when
this
Light
is
extinguished
it
will
be
a
most
dismal
and
eternal
Night
upon
the
Christian
world
.
If
we
return
to
her
our
Ears
will
be
bor'd
,
and
we
shall
be
irredeemably
enslaved
.
The
spirit
of
Popery
if
it
returns
and
possesseth
us
again
,
that
hath
been
walking
in
the
reformed
Countries
as
in
dry
places
seeking
Rest
and
finding
none
,
and
finds
us
thus
swept
and
garnished
,
will
bring
with
it
seven
Devils
more
wicked
than
it self
,
and
our
last
estate
will
be
worse
than
the
first
.
The
Pride
,
Cruelty
and
Avarice
,
Domination
and
Luxury
of
their
Priest-hood
,
will
be
aggravated
upon
us
,
and
the
minds
of
the
Laity
,
more
lowly
depressed
by
superstition
and
ignorance
.
The
Gospel
of
Cardinal
Palavicini
will
be
the
Canon
of
the
Christian
Religion
or
it
may
be
something
worse
;
for
who
can
tell
what
will
be
the
Religion
,
that
that
Church
will
offer
in
process
of
time
,
to
the
World
under
the
Christian
Name
.
When
the
Pope
by
his
pretended
infallibility
,
may
make
the
Christian
Religion
what
he
please
,
by
interpreting
,
adding
,
altering
or
detracting
with
an
uncontroulable
Authority
.
For
us
therefore
to
become
Papists
to
return
to
the
Church
of
Rome
,
acknowledge
the
Popes
infallibility
(
there
is
no
other
way
to
become
Papists
)
is
virtually
to
betray
the
Christian
Faith
to
renounce
our
Allegiance
to
our
Lord
Christ
,
to
prefer
the
Bulls
of
a
Prophane
Pope
,
to
the
Holy
Oracles
of
God
,
and
the
Revelation
of
Jesus
,
God
Blessed
for
ever
.
With
this
Religion
therefore
we
can
never
make
an
accommodation
.
We
may
as
well
make
a
Covenant
with
Hell
.
This
(
as
Dr.
Jackson
one
of
the
glories
of
the
Church
of
England
,
in
his
Book
call'd
the
Eternal
Truth
of
Scriptures
,
vehemently
admonisheth
us
)
admits
no
terms
of
Parly
for
any
possible
Reconcilement
,
whose
following
words
to
this
purpose
,
I
shall
here
transcribe
.
The
natural
separation
of
this
Island
,
from
those
Countries
wherein
this
Doctrine
is
professe
,
shall
serve
as
an
Everlasting
Emblem
of
the
Inhabitants
,
divided
Hearts
at
least
in
this
point
of
Religion
:
And
let
them
O
Lord
be
cut
off
speedily
from
amongst
us
,
and
their
posterity
transported
hence
,
never
to
enjoy
again
the
least
good
thing
this
Land
affords
:
Let
no
print
of
their
Memory
be
extant
so
much
as
in
a
Tree
or
Stone
within
our
Coast
.
Or
let
thir
Names
be
such
as
remain
here
after
them
be
never
mentioned
,
or
always
to
their
Endless
shame
:
Who
living
here
amongst
us
will
not
imprint
these
or
the
like
wishes
in
their
Hearts
,
and
daily
mention
them
in
their
Prayers
.
Littora
Littoribus
contraria
,
fluctibus
undas
,
Imprecor
arma
armis
,
pugnent
ipsique
Nepotes
.
which
he
thus
renders
.
Let
our
,
&
forain
Coasts
,
joyn
Battel
in
the
Main
,
Ere
this
fowl
Blasphemy
Great
Britain
ever
stain
.
Where
never
let
it
come
,
but
floating
in
a
Flood
,
Of
our
,
our
Nephews
&
their
Childrens
Blood
.
I
shall
only
subjoyn
my
hearty
Desires
and
Prayers
,
that
we
may
all
fear
God
,
and
be
zealous
for
his
true
Religion
.
Honor
the
King
,
and
firmly
adhere
to
the
Government
,
and
in
our
several
places
steadily
oppose
and
resist
those
Villains
,
that
are
given
to
change
.
And
that
by
our
Union
we
may
defeat
the
crafty
Designs
of
our
cruel
and
implacable
Enemies
,
who
if
they
can
continue
those
Divisions
they
have
made
amongst
us
by
their
wicked
Arts
,
will
certainly
at
length
destroy
us
:
Who
are
bent
upon
our
Destruction
,
though
they
themselves
perish
with
us
,
and
we
cease
to
be
a
Nation
,
and
our
Language
be
forgotten
in
a
forain
Captivity
.
Sir
Now
I
have
given
you
my
Answer
to
your
Reasons
,
to
disswade
me
from
publishing
the
Argument
for
the
Bishops
;
by
representing
how
few
of
the
Clergy
can
with
Reason
be
thought
guilty
of
Opinions
,
so
mischievous
to
the
Church
and
State
,
which
you
charge
to
have
generally
corrupted
them
,
and
how
easily
and
with
little
consideration
they
will
be
laid
aside
by
them
.
I
will
make
no
other
Apology
for
the
publishing
this
,
than
that
I
have
communicated
these
thoughts
to
no
Man
alive
,
either
of
the
Church
of
England
or
any
other
Demomination
,
or
consulted
any
Mans
advice
about
it
.
That
I
can
serve
the
design
of
no
party
of
men
herein
,
nor
any
particular
design
of
my
own
.
I
wish
,
they
can
be
serviceable
in
the
least
Degree
to
publick
Good
.
I
have
had
them
by
me
a
great
while
,
and
have
consider'd
them
under
the
several
Varieties
of
Temper
,
that
our
Bodies
are
disposed
to
,
which
induce
different
thoughts
,
and
various
Apprehensions
in
most
things
,
under
the
several
passions
,
that
the
fluctuation
of
publick
Affairs
have
occasioned
;
under
the
Ebs
and
Flows
of
Hopes
and
Fears
in
reference
to
the
state
of
the
Kingdom
,
for
some
length
of
time
.
And
finding
them
to
have
the
same
appearance
,
and
to
give
me
the
same
satisfaction
in
all
the
several
Postures
and
Views
,
that
I
could
take
of
them
.
I
assure
my self
I
was
sincere
when
I
thought
,
and
that
they
result
meerly
from
my
Judgment
(
such
as
it
is
)
uncorrupted
.
that
I
am
not
perverted
or
biased
by
any
secret
passion
or
desire
of
any
sort
,
which
many
times
lurk
and
steel
upon
us
,
deceive
us
unawar's
,
and
undiscernedly
abuse
us
.
Sir
,
the
Summ
of
my
Apology
is
this
,
that
I
know
my self
sincere
of
honest
Intentions
,
mov'd
by
nothing
,
but
a
hearty
love
and
affection
to
our
King
,
Religion
and
Country
,
and
for
what
any
man
shall
think
of
me
,
I
am
not
Solicitous
.
Yours
T.
H.
FINIS
.